Prevention and Control of Pollution

II.
PREVENTION AND CONTROL OF WATER

POLLUTION
See also:
I. ALLOCATING WATER FOR USE: WATER RIGHTS AND PERMITS
1. INTRODUCTION
1.1 Scope of the Chapter
Preventing and controlling pollution of water resources, both surface and

underground, has come to be firmly established as a function of government
in view of the far-reaching economic, social and public health implications of
widespread degradation in the quality of available water resources. In
principle and in administrative practice, preventing and controlling water
pollution is distinct from controlling the quality of water supplied by public
utility concerns to the general public for human consumption and other
associated uses. The quality - or purity - of this water, also styled "mains
water", after it has entered the supplier's mains is subject to standard
prescriptions laid down in response to the paramount concern for the health
of the public which consumes such water for drinking, cooking, washing,
and bathing. These prescriptions bear no relationship to the more general
rules which seek to avoid a deterioration in the quality of water in its natural
state, before it is tapped for conveyancing to the general public.
Furthermore, ensuring the purity of mains water is a function of the public
utility responsible for the water supply service, and it responds to a
paramount non-negotiable public health concern; preventing and controlling
pollution of raw water resources, to whatever use they be put - be it
domestic or industrial or irrigation or stockwatering or recreational or just
preservation of the waters in their natural state - is instead a function of
general government, dictated by a host of mostly negotiable factors at play in
the political and in the legislative drafting and law implementation and
enforcement processes. At the same time, the quality of "raw" water and that
of "mains water" interface at the level of measures for the prevention and
control of pollution of raw water intended for a public water supply. There is
little doubt in fact that the more uncontaminated the source of water
supplied to the public, the purer will be the water at the tap - or, at least, the
92 Preparing national regulations for water resources management
lesser the treatment required at the water supply system intakes. Given the
limited scope of this book, however, this chapter will focus on preventing
and controlling water pollution in general, without regard to ensuring the
wholesomeness of mains water.
Pollution of water resources is known to originate from a variety of sources.

These can be conveniently grouped into two basic categories styled,
respectively, "point" and "non-point" or "diffuse" sources. The former
group is identified with pollution traceable to specific sources, such as
industrial outfalls, domestic drains, municipal sewers and wastewater
treatment plants, injection wells, and waste dumps, whose entry point into
specific bodies of water, surface or underground, can be determined with
sufficient accuracy. "Point" sources may impact the quality of water also
indirectly, via deposition or dispersion on the ground or just leakage. "Point"
sources may thus have a "diffuse" effect on water quality via overland runoff
or percolation under the ground which may be difficult or impossible to
trace with accuracy to the ultimate origin. The "non-point" category groups
sources whose discrete origins are difficult to pin down with accuracy, such
as the runoff of agricultural land where fertilizers and pesticides are
employed, or the runoff of urban stormwater, and whose point of entry into
water bodies - surface or underground - is difficult or impossible to
determine with accuracy. In view of the comparatively recent vintage of
principal legislation enacted to tackle this latter group of sources, far fewer -
but no less significant - examples of subordinate legislation have been
uncovered for presentation in this book.
The alternative to the government assuming it amongst its functions is for

the control of water pollution to be left at the hands of the general public
and, in particular, to the initiative of citizens who have a cause for complaint
which is actionable before the courts. The complexity, uncertainty, length
and costs of court battles initiated to vindicate the specific property rights of
individual complainants or "diffuse" non-property interests of groups or
classes of complainants have resulted in a shift to direct government
intervention in a vast majority of countries, and a parallel shift in emphasis
from remedying the effects of pollution to preventing this from occurring. In
response to this generalized trend, and also in view of the far greater
specificity which characterizes legislation regulating this particular function
of government as opposed to the general procedural rules governing action
in the courts, this chapter will focus on the former only and on the relevant
operational mechanisms in particular.
Preparing national regulations for water resources management 93
1.2 Legislative Approaches to Water Pollution Prevention and
Control by the Government, and the Role of Subsidiary
Legislation
A policy decision to replace government-directed pollution prevention and

control for litigation-driven court action to remedy the effects of pollution is
typically implemented through the adoption of legislation subscribing to one
or any combination of a variety of approaches to achieving water pollution
control goals. These approaches tend to fall into one of the following basic
categories, namely, (a) forbidding the discharging of wastes into bodies of
freshwater, on the ground or under the ground; (b) restricting such
discharges through permits, licences, consents or authorizations granted by
the government - the mentioned terms can, for practical purposes, be taken
to be synonymous, and will be collectively referred to as "permits" in this
Chapter; and (c) charging for the discharging of wastes in such a way that the
external costs of pollution are factored or "internalized" in the discharger's
decisions. These approaches are employed primarily in connection with the
control of "point-source" pollution. Another approach consists of (d) zoning
and attendant land use controls. These tend to feature in legislation primarily
in connection with the control of water pollution from "diffuse" sources. In
addition, "diffuse" pollution from "point" sources tends to be approached in
a preventative manner by (e) prescribing precautionary measures in respect
of selected land-based activities.
These approaches can also be combined, and licensing of waste discharges

be complemented by charges for the wastes discharged, and by absolute
prohibitions enjoining a core of impermissible actions. Also, zoning is
generally complemented by relative or absolute prohibitions. It should be
noted that governmental control over the discharging of wastewater - also
termed "effluent" - resulting from a given water utilization or process can be
achieved by inserting specific clauses as to the so-called "return flows" in the
permit for the abstraction and use of water reviewed in Chapter I. It should
also be mentioned that the target of permit requirements - and hence the
mode of achieving governmental control of water pollution via the permit
approach - varies from the generic act of discharging to the construction of
works instrumental to the act of discharging, and from the carrying on of
activities or processes which may result in the act of discharging to the
departing from standard legislative prescriptions as to the quality which the
waste must meet before being discharged.
These water pollution control mechanisms generally operate in combination
with other mechanisms also specifically designed to fight pollution of water,
namely, standards of quality for the waste-receiving waters - also termed
"ambient" water quality standards -, and standards of quality for the waste or
effluent discharged - also termed "effluent" quality standards. Other specific
mechanisms include inventories of the type, extent and sources of pollution,
water quality management planning, and sampling and testing the quality of
waters and wastes. These mechanisms complement, and are complemented
by, permit requirements.
The basic policy decisions underlying the choice of approach is generally

reflected in an Act of Legislature specifically dealing with water pollution
prevention and control alone, or in combination with the control and
prevention of pollution of other environmental media, or in conjunction
with other aspects of water resources management - notably, allocation of
water to different uses. In addition to spelling out the operational details of
the approach opted for by the Legislature, subsidiary legislation provides for
the complementary mechanisms needed to fully operationalize the course of
action charted by principal legislation.
2. CONTROLLING WATER POLLUTION THROUGH

PROHIBITIONS
Absolute prohibitions to jeopardize the quality of water resources - i.e.

behaviours which are enjoined under any circumstances - may be used
selectively to protect generic or specific environmental interests (I and III,
respectively), and to ban generic or specific substances from entering water
bodies (II, IV and VIII). Prohibitions may be also relative, i.e. they may be
qualified by reference to extenuating circumstances. In this case, an
otherwise impermissible behaviour becomes permissible if given
circumstances occur (V and VI). Prohibitions to discharge waste not meeting
given standards (VII), or "except" under a permit or other instrument fall in
this category. This is a commonly used technique in legislation introducing
the waste discharge permit requirements which will be reviewed in sub-
chapter 3 below. Relative prohibitions also relate to the use of water in
certain activities such as mining and related processes (IX), or spraying of
contaminants near or into water resources (X).
These prohibitions are backed up by penalties designed to deter non-
compliance. Ultimately, the effectiveness of absolute prohibitions as a
mechanism to achieve pollution control depends entirely on the availability
and effective use of penalties and other complementary mechanisms of law
enforcement, i.e. mechanisms to force compliance on recalcitrant members
of society. These mechanisms are reviewed in sub-chapter 8 below.
I - ST. LUCIA - Public Health (Water Quality Control) Regulations, 1978

3. (1) No person shall commit or cause to be committed any act which may impair the
quality of water in any river, stream, spring, well, pond, reservoir or any other place.
II - ST. LUCIA - Public Health (Water Quality Control) Regulations, 1978

3. ... (2) No person shall commit or cause to be committed any act which may impair
the quality of any underground water by the discharge of any sewage, industrial or
trade waste, filth, or any other matter into any well or abandoned well, hole or other
opening in the ground. ...
III - KENYA - Water (General) Rules

77. Any person who deposits or who causes or allows to be deposited, into any body
of water or any tributary thereof, any sawdust, any vegetable or mineral refuse, the
effluent from a sheep or cattle dip, factory, premises or work, any sewage effluent or
any other matter or thing of any kind which is harmful to the fish, fish life, the fry or
ova of fish, or fish food contained in such body of water shall be guilty of an offence.
IV - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents)

Regulations, 1979
6. No person shall discharge or cause or permit the discharge of any of the following
substances into any inland waters:
(1) any inflammable solvent;
(2) any tar or other liquids immiscible with water;
(3) refuse, garbage, sawdust, timber, human or animal waste or solid matters.
V - AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973

29. ...(a)A person shall not discharge wastes from any premises by means of an
overflow drain except as the result of accidental damage, excessive rainfall or other
emergency situation.
(b)The occupier of any premises at which an overflow drain is provided shall
ensure that any prescribed control equipment is installed and operated and that any
conditions and requirements imposed by the Council are observed at all times;
provided that, where no control equipment has been prescribed and no conditions or
requirements have been imposed, the occupier shall take all practicable measures to
avoid any discharge and to minimise adverse effects on the receiving waters. ...
VI - AUSTRALIA - WESTERN AUSTRALIA - Health Act (Sewerage,

Drainage and Underground Water Supply) Regulations, 1959
13. A person shall not deposit on, in or under any land any sewage or offensive
matter, or any other substance or thing that may pollute or render unfit for human
consumption the water in any well or other underground source of water supply,
which water is used or intended or likely to be used for human consumption, unless
the place where that sewage, offensive matter or other substance or thing is deposited
is situated not less than one hundred (100) feet distant from that well or other
underground source of water supply.
VII - PHILIPPINES - Water Rules and Regulations

45. No person shall discharge into any source of water supply any domestic sewage,
industrial waste, or pollutant not meeting the effluent standards set by the National
Pollution Control Commission.
VIII - NIGERIA - The National Environmental Protection (Pollution

Abatement in Industries and Facilities Generating Wastes) Regulations, 1991
1. No industry or facility shall release hazardous or toxic substances into the air, water
or land of Nigeria's ecosystems beyond limits approved by the Agency.
IX - SOUTH AFRICA - Regulations on Use of Water for Mining and Related

Activities aimed at the Protection of Water Resources, 1999
4. Restrictions on locality
No person in control of a mine or activity may--
a) locate or place any residue deposit, dam, reservoir, together with any
associated structure or any other facility within the 1:100 year flood-line or within a
horizontal distance of 100 metres from any watercourse or estuary, borehole or well,
excluding boreholes or wells drilled specifically to monitor the pollution of
groundwater, or on water-logged ground, or on ground likely to become water-
logged, undermined, unstable or cracked;
b) except in relation to a matter contemplated in regulation 10, carry on any
underground or open-cast mining, prospecting or any other operation or activity
under or within the 1:50 year flood-line or within a horizontal distance of 100 metres
from any watercourse or estuary, whichever is the greatest;
c) place or dispose of any residue or substance, which causes or is likely to
cause pollution of a water recourse, in the workings of any underground or open-cast
mine excavation, prospecting diggings, pit or any other excavation; or
d) use any area or locate any sanitary convenience, fuel depots, reservoir or
depots for any substance which causes or is likely to cause pollution of a water
resource within the 1:50 year flood-line of any watercourse or estuary.
5. Restrictions on use of material

No person in control of a mine or activity may use any residue or substance which
causes or is likely to cause pollution of a water resource for the construction of any
dam or other impoundment or any embankment, road or railway, or for any other
purpose which is likely to cause pollution of a water resource.
X - ISRAEL - Water Regulations (Prevention of Water Pollution) (Spraying

Near Water Sources), 1991
1. In these regulations –
“Active Material ” – Chemical or biological material, or a mixture of chemical and
biological materials designated to be sprayed for the following purposes:
1. To regulate growth, flowering and fertility and their prevention;
2. Fertilization and enrichment;
3. Prevention of deficiency illness or physiological illness, whether in plants or
animals;
4. Loss of foliage;
5. Extermination, rejection’ or attraction of contaminants, whether in plants or
animals;
6. Spreading, adhesion, or wetting of the active ingredients.
2. A person may not spray in a manner that will cause or is likely to cause an active
ingredient to reach a water source, will not cause spraying as stated, and will not assist
therein.
3. An operator may not pilot an aircraft that contains an active ingredient over the
Kinneret, the lakes that are included in the national water carrier or water reservoirs
that are used for drinking water, or along the upper Jordan River and its tributaries,
the national water carrier canal nor over any stream in the Kinnerret Water Basin.
4. Aerial spray may not be carried out unless there is wind that doesn’t fall below
5km/hour and blows from the direction of water source towards the area (hereafter –
Proper Wind Conditions), and only on the condition that:
(1) The operator does not enter the area to carry out aerial spraying unless the client
informs him that the proper wind conditions are in effect in the area.
(2) If the operator comes to the area and finds the improper wind conditions, or if
they change during the course of spraying, the spraying must be halted until the
proper wind conditions are in effect; this order applies both to the client and to the
operator.
(3) The client must ensure that a smoke signal is lit in the area, as a sign of wind
conditions, before and during aerial spraying;
(4) The height of the spray plane does not exceed 12 meters from the spraying
objective.
5. (A) Aerial spraying will be conducted at a distance not less than –

(1) 300 meters from the water sources referred to in regulation 3, and 200 meters
from the streams specified in the addendums, unless the Minister approves
spraying from a distance less than the above mentioned norm, but never less than
50 meters from the above-mentioned water sources;
(2) 50 meters from every other stream.
(B) No permit will be granted to spraying as stated in secondary regulation 1A unless
it is proven, in the opinion of the Minister, that it is essential to spray the area because
the spraying cannot be done from the ground, and that the active material to be
sprayed is approved by him and as well as by a person approved as such by the
Minister of Health. (hereafter – Minister of Health).

(C) No spraying will be conducted as is stated in the secondary regulation (B) except
under the supervision of the person appointed by the Minister.
(D) In spite of that which is stated in regulation 1A, aerial spraying with granulated
fertilizer and with non-standard biological material which does not leave residue and
that is approved by the Minister as well as by the Minister of Health, will be carried
out at a distance no less than 50 meters from the water sources listed in sub regulation
(A)(1).
6. Filling, emptying and rinsing the spraying device may be carried out by the operator
only in an installation designated for rinsing leftover active material, and is subject to
every law.
3. CONTROLLING POLLUTION THROUGH WASTE

DISCHARGE OR OTHER PERMITS OF COMPARABLE
SCOPE
As already intimated in the Introduction to this chapter, permit requirements

may be directed at, inter alia, the act of discharging waste into a water
medium or the carrying on of activities or processes which result in the act
of discharging waste. In both approaches the emphasis is on preventing
water pollution by minimizing the polluting potential of waste releases into a
receiving water medium. A permit requirement in respect of the carrying on
of a potentially polluting activity or process, however, reflects a somewhat
more radical preventative approach to water pollution control insofar as it
may result in a proposed activity or process from ever moving past the
blueprint stage. While the philosophy of approach differs substantially, the
mechanics of implementation of the two approaches to a permit mechanism
are essentially the same.
Subsidiary legislation provides the procedural and substantive details of

implementation of permit mechanisms with specific regard to the process
leading to the grant - or to the refusal to grant - permits (sub-chapter 3.1),
general obligations of permit holders (sub-chapter 3.2), suspension,
cancellation and variation of permits (sub-chapter 3.3), charging in
connection with permits (sub-chapter 3.4), and the safeguarding of "existing"
discharges and processes (sub-chapter 3.5).
3.1 The Granting of Waste Discharge Permits
Typically, the grant - or refusal - by the government of a waste discharge

permit is the resultant of a process which is structured in the legislation as a
sequence of steps, as follows:
Step One - Fulfilling requirements precedent to the filing of

applications
Publicizing through the prescribed media of communication one's intention

to apply for a waste discharge permit may constitute a pre-requisite to the
actual filing of an application (I).
I - IRELAND - Local Government (Water Pollution) Regulations, 1978

5. (1) Prior to the making of a licence application, the applicant shall publish in a
newspaper circulating in the functional area of the local authority notice of his
intention to make such application.
(2) A notice under sub-article (1) shall contain, as a heading, the words "Discharge of
Effluent to Waters" and shall:
(a) state the name of the applicant and the name of the local authority to which
application is made,
(b) give a general description of the effluent,
(c) in the case of trade effluent, state the nature of the trade or industry,
(d) state the name and location of the premises from which the effluent is to be
discharged, and
(e) indicate the waters to which the effluent is to be discharged.
(3) Sub-article (1) shall not apply to a licence application made before the 1st day of
October, 1978 in respect of:
(a) an existing discharge, or
(b) a discharge from a development for which a permission (other than outline
permission) or an approval consequent on an outline permission has been
granted under the Local Government (Planning and Development) Acts, 1963
and 1976 during the period of five years prior to the 1st day of October, 1978.
Step Two - Filing of applications
Circumstances under which a permit is required
It is not uncommon to find a clarification as to the kinds of "discharges",

"processes" and receptor media requiring a permit, and hence a delineation
of the precise scope of application of waste discharge or process permit
requirements, in subsidiary legislation. This takes the form of descriptions of
the circumstances under which a permit is required (I to V).
I - PHILIPPINES - Water Rules and Regulations

1. When Permit/Authority from the National Water Resources Council Must be
Secured. As required under the provisions of P. D. 10671, a permit/authority shall be
secured from the Council in the following instances: ...
(i) Dumping of mine tailings or wastes into a river or a waterway; ...
II - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978

4. (1) Except with the prior written consent of the Minister granted in accordance
with these Regulations, no person shall discharge or cause to be discharged into
public water:
(a)any water or effluent resulting from:
(i) any sewage treatment works,
(ii) any water-borne sanitation system, or
(iii) the use of water for any manufacturing, mining or other industrial
purposes; and
(b)any storm-water sewer effluent.
(2) The provisions of sub-regulation (1):
(a) shall, in respect of the waste or effluent specified in paragraph (a), thereof,
apply whether the discharge of such waste or effluent is through seepage or
drainage; and
(b) shall not apply where any waste or effluent specified therein has been
accepted into a local authority sewer.
III - UNITED KINGDOM - The Environmental Protection (Prescribed

Processes and Substances) Regulations, 1991
3. (1) Subject to the following provisions of these Regulations, the descriptions of
processes set out in Schedule 1 hereto2 are hereby prescribed pursuant to section 2(1)
of the Act as processes for the carrying on of which after the prescribed date an
authorization is required under section 6. ...
1 Presidential Decree No. 1067 of 31 December 1976 (Water Code).

2 Omitted. The Schedule contains detailed lists of "Processes", arranged in six chapters
on, respectively, Production of Fuel and Power and Associated Processes (chapter 1);
Metal Production and Processes (chapter 2); Mineral Industries (chapter 3); the Chemical
Industry (chapter 4); Waste Disposal and Recycling (chapter 5); and Other Industries
(chapter 6). In each chapter, processes are grouped under two separate headings styled
Part A and Part B, respectively. A statutory definition of "process" is given in
section 1(5) of the Environmental Protection Act 1990, as follows: "(5) "Process" means
any activities carried on in Great Britain, whether on premises or by means of mobile
plant, which are capable of causing pollution of the environment and "prescribed
process" means a process prescribed under section 2(1) below."
4. (1) Subject to paragraph (6), a process shall not be taken to be a Part A process if it
has the following characteristics, namely:
... (ii) that it cannot result in the release into water of any substance prescribed by
regulation 6(2) except in a concentration which is no greater than the background
concentration; ...
(6) Paragraphs (1) and (2) do not exempt any process described in Schedule 1 from
the requirement for authorization if the process may give rise to an offensive smell
noticeable outside the premises where the process is carried on.
(7) In these regulations, "background concentration" means any concentration of the
relevant substance which would be present in the release irrespective of any effect the
process may have had on the composition of the release and, without prejudice to the
generality of the foregoing, includes such concentration of the substance as is present
in:
(a) water supplied to the premises where the process is carried on;
(b) water abstracted for use in the process;
(c) precipitation onto the premises on which the process is carried on.
6. ... (2) The descriptions of substances set out in Schedule 51 are so prescribed as
substances the release of which into water is subject to control under those sections.
IV - NIGERIA - The National Environmental Protection (Pollution

Abatement in Industries and Facilities Generating Wastes) Regulations, 1991
15. (1) No effluent with constituents beyond permissible limits shall be discharged
into public drains, rivers, lakes, sea or underground injection without a permit issued
by the Agency or any organisation designated by the Agency.
(2) No oil, in any form, shall be discharged into public drain, rivers, lakes, sea, or
underground injection without a permit issued by the Agency or any organisation
designated by the Agency. ...
(6) An industry or a facility with a new point source of pollution or a new process line
with a new point source shall apply to the Agency for discharge permit not later than
180 days before commencing the discharge of any effluent arising from any operation.
V - UGANDA - The Water (Waste Discharge) Regulations, 1998

4. Prohibition on the discharge effluent or waste
(1) No person shall discharge effluent or waste on land or into the aquatic
environment contrary to the standards established under regulation 3 unless he or she
has a permit in the format specified in the First Schedule issued by the Director. …
5. Waste discharge permit

(1) A person,
(a) to whom a works approval has been issued; or
(b) who is or proposes to be
(i) the owner or operator of any industry or trade which discharges or which
will discharge effluent or waste into the aquatic environment or on land;
(ii) responsible for producing, storing, discharging or disposing of any waste,
1 Omitted. The Schedule lists twenty-three "Prescribed Substances".

or any waste containing a substance specified in the Second Schedule to these

regulations;
(iii) engaged in any trade specified in the Third Schedule to these regulations;
(iv) the owner or occupier of any premises specified in the Third Schedule
from which waste may come into contact with water, directly or indirectly;
may apply to the Director for a waste discharge permit.
(2) Any person who contravenes the provision of this regulation commits an offence
and is liable, on conviction, to the penalty prescribed under section 40 of the Statute.
Format of applications
Standard formats for waste discharge applications may be appended to

subsidiary legislation as "Forms" for the convenience of the user. The
prescribed forms may concern the proposed generic activity of discharging
waste (I and II) or equipment or structures instrumental to the activity (III).
The format of applications may also be left to the discretion of the
responsible government authority (IV).
I - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978

Form WRB.7 - Application for Minister's Consent to Discharge Waste or Effluent
into Public Water - See Appendix II, page 341.
II - AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973

Form 1 - Application for Licence to Discharge Waters - See Appendix II, page 344.
Form 1A - Report Attached to Application for Licence to Discharge Wastes - See
Appendix II, page 345.
III - AUSTRALIA - NEW SOUTH WALES - Clean Waters Regulations, 1972

Form 2 - Application for Approval to Install, Construct or Modify Apparatus,
Equipment or Works - See Appendix II, page 346.
IV - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

9A. Waste discharge licence
(1) An application for a licence under section 74 of the Act shall be in a form
approved by the Controller and shall be lodged with the Controller. …
Supporting documents and evidence
Documentary evidence in support of the application is generally required to

assist decisionmakers forming an opinion on the merits of a proposed waste
discharge operation. Relevant requirements may feature in the standard
Forms of applications (see, for example, Malawi's Water Resources
(Pollution Control) Regulations, 1978, Form WRB.7 reproduced in this sub-
chapter under Format of applications, example I) or be separately prescribed
(I–VII).

15. Where the Minister requires him so to do, an applicant for the Minister's consent
or a person to whom the Minister's consent has been granted shall, at no expense to
the Minister or the Board take samples of waste or effluent in the manner which the
Minister may prescribe and have such samples analyzed by an analyst recognized by
the Minister and furnish the results of such analysis to the Minister.
II - PHILIPPINES - Water Rules and Regulations

4. All applications shall be filed in the prescribed form, sworn to by the applicant and
supported by the following:
... (B) For a ... Permit to Dump Mine Tailings or Wastes:
... 2. Brief description of project, including among others, ... amount of water to
be discharged back to the source and measures to be taken to insure that such
waters are not polluted, other relevant information; ...
III - IRELAND - Local Government (Water Pollution) Regulations, 1978

7. (1) A licence application shall be accompanied by:
(a) such plans, in duplicate, and such other particulars as are necessary to
describe the premises, drainage system and any works, apparatus or plant from which
the effluent is to be discharged and to identify the waters to which the discharge is to
be made and the point of discharge,
(b) particulars of the nature, composition, anticipated temperature, volume
and rate of discharge of, and the proposed method of any treatment of, the effluent
and the period or periods during which the effluent is to be discharged, and
(c) in the case of a trade effluent, a general description of the process or
activity giving rise to the discharge.
(2) A licence application for an existing discharge shall be accompanied by a
statement that it is such a discharge in addition to the information specified in sub-
article (1).
(3) An applicant for a licence, other than a licence for an existing discharge, shall also
furnish such other particulars as the local authority may reasonably require for
consideration of the application, including particulars of the quality, volume and flow
rate of receiving waters, the effects of the discharge on such waters and the results of
any investigation made, or required by the local authority to be made, in relation to
such matters.
IV - QUEENSLAND - Clean Waters Regulations, 1973

5. ... (ii) The applicant shall furnish complete information on Form 1A1 of the
Schedule regarding:
(a) the quantities, the times and the rates of discharge, and the physical, chemical,
biological and radioactive components and characteristics of the wastes to which
he desires such licence to apply;
(b) the control equipment provided or proposed to be provided in relation to
such discharge;
(c) the location or proposed location of such discharge;
(d) any investigations into the effects of the discharge of such wastes at such
location. ...
6. ... (iii) If an application is in relation to the transport of wastes from premises for
disposal on or in any land, the applicant shall furnish complete information on Form
2A2 of the Schedule regarding:
(a) the quantities, the times and the rates of transport and the physical, chemical,
biological and radioactive components and characteristics of the wastes to which
he desires such licence to apply;
(b) the control equipment provided or proposed to be provided in relation to
such disposal;
(c) the method of operation of such disposal;
(d) the location or proposed location of such disposal;
(e) any investigation into the effects on any waters of the disposal of such wastes
at such location;
(f) the names and addresses of the persons responsible for the transport and
disposal of such wastes if not performed by the occupier.
(iv) If an application is in relation to the transport of wastes from premises
for subsequent discharge to any waters, the applicant shall furnish the
information prescribed in form 1A3 of the Schedule.
(v) The applicant shall furnish such additional information as the Director
considers necessary for the purposes of the prescribed report and
recommendation to the Council on the application and such other additional
information as the Council may require after consideration of such report
and recommendation. ...
V - CAYMAN ISLANDS - Water Authority Regulations, 1985

14. (1) All applications for a permit under this part of the regulations shall be made
to the Authority on the appropriate form issued by and obtainable from the
Authority, shall include such of the appropriate particulars as are material to the
application, shall be accompanied by satisfactory evidence of planning permission, if
such permission is required under the Development and Planning Law (Revised), and
shall comply with such provisions of this part of the regulations as are relevant. ...
1 See Appendix II, page 345.

2 Omitted.
VI - CANADA – SASKATCHEWAN - The Water Regulations, 2002

7. Requirements for applications for permits
(1) In this section:
(a) “aquatic guidelines” means a Guide to Aquatic Nuisances and their Control,
EPB 47, as issued by the department and dated November, 2002;
(b) “standards” means the Industrial Works Construction Application Standards,
as issued by the department and dated November, 2002.
(2) For the purposes of this Division, the following, as amended from time to time,
are adopted:
(a) a Guide to Aquatic Nuisances and their Control, EPB 47, as issued by the
department and dated November, 2002;
(b) the Industrial Works Construction Application Standards, as issued by the
department and dated November, 2002.
(3) The minister shall cause the aquatic guidelines and standards adopted pursuant to
this section to be made available to the public in any manner that the minister
considers likely to bring them to the public’s attention, including causing them to be
posted on the department’s Internet website.
(4) A person who applies for a permit pursuant to Division 3 of Part IV of the Act
shall:
(a) file a written application with the minister in a form satisfactory to the
minister;
(b) provide the information and materials required by:
(i) in the case of a permit required by clause 35(1)(b) of the Act1, the aquatic
guidelines;
(ii) in the case of a permit required by clause 35(1) (a) or (c)1 of the Act, the
standards; …
(c) provide any other information or materials that the minister may reasonably
request.
VII - UGANDA - The Water (Waste Discharge) Regulations, 1998

8. Additional information
The Director or a person authorised by the Director may
(a) require an applicant to prepare and submit plans or further information to
support any application made under regulation 5; …
Payment of filing fees
Payment of filing fees is generally required to help defray the administrative

costs of processing applications. Flat (I and IV) or variable fees are
prescribed, the latter varying as a function of given variables - notably, the
monetary value of waste discharge works (II), or the quantity of the waste
involved (III).
1 Permit required to discharge wastes into water.
I - PHILIPPINES - Water Rules and Regulations

6. There shall be imposed and collected a fee of One Hundred Pesos (P100.00) from
every applicant, except government agencies, water districts, and duly organized
associations or cooperatives for irrigation or rural water supply which shall be paid to
the Council in postal money order through the Office where the application is filed.
II - AUSTRALIA - NEW SOUTH WALES - Clean Waters Regulations, 1972

12. (1) For the purposes of section 19(2) of the Act:
... (b)the prescribed fee is, where the total cost estimated by the Under Secretary of
the proposed installation, construction or modification is:
(i) not more than $20 000 -$10;
(ii) more than $20 000 but not more than $50 000 - $20;
(iii) more than $50 000 but not more than $100 000 - $40;
(iv) more than $100 000 but not more than $250 000 - $100;
(v) more than $250 000 but not more than $500000 - $200;
(vi) more than $500 000 but not more than $1 000 000 - $400;
(vii) more than $1 000000 but not more than $1 500 000 - $650;
(viii) more than $1 500 000 but not more than $2 000 000 - $900; or
(ix) more than $2 000 000 - $1 000. ...
III - AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973

13. (i) The fee for an application for a licence shall be:
(a)Wastes discharged from premises to water. For each 100 cubic metres per day or
part thereof $10 with a minimum fee of $40. ...
IV - UGANDA - The Water (Waste Discharge) Regulations, 1998

6. Application for waste discharge permit
… (c) be accompanied by the relevant application fee specified in Form B of the
Fourth Schedule to these regulations.
Fourth schedule – Form B – Application fees and waste discharge fees – See
Step Three - Review of applications
The discharging of waste may adversely affect the quality of the receiving
waters, and, as a result, may interfere with plans, programmes and projects
under the control of government departments and agencies, with the rights
of users of such waters - from commercial users to conservationists - and
with the diffuse interest of the general public in a healthy and clean living
environment. As a result, the potential for controversy and conflict both
within government and outside tends to be considerable. The potential for
conflict of water polluting activities can be reduced through prior
consultation within government and with the public, and this is generally and
most effectively achieved at the review and appraisal stage of permit
applications. To this end, prior consultation with concerned government
departments and agencies, public notice and inspection of an application,
and comment requirements are generally featured in the legislation,
subsidiary legislation in particular providing the procedural and substantive
details of implementation (I, III, IV and VI). Field investigations may also be
required to determine whether the proposed waste discharge structures and
processes are adequate; and whether and to what extent the proposed
discharge or activity will impact on the quality of the receiving waters and of
the surrounding environment, and on the specific rights of water abstraction
permit holders and on the "diffuse" rights of the general public. While such
investigations will ordinarily be required in connection with the provision by
the applicant of the prescribed evidence in support of his application (see in
this regard Step Two - Filing of applications - Supporting documents and
evidence, above), independent or complementary investigations may be
carried out by the reviewing government department or agency (II, V
and VI).

6. (1) Any person may apply for the Minister's consent to discharge any waste or
effluent specified in regulation 41.
(2) An application for the Minister's consent shall be made in Form WRB72 set out in
the Schedule hereto and shall be submitted through the board which shall, within
fourteen days after receiving the application, give notice thereof in the Gazette and in
at least two consecutive issues of the most frequently circulated paper in Malawi, the
date of such Gazette and the date of either of such issues not being more than five
days apart.
7. Where notice of any application has been published under regulation 5, any person
having an interest in the matter may, within thirty days after the date of such
publication in the Gazette, object to the application in writing addressed to the board,
stating:
(a) his name and address
(b) his interest in the matter
(c) the matter in respect of which he is objecting to the application;
(d) the grounds of his objection; and
(e) whether or not he wishes to be heard on his objection.
1 See this sub-chapter, Step Two - Filing of applications, Circumstances under

which a permit is required, example II.
8. The Board shall consider every application for the Minister's consent and any
objection thereto and may consult such persons and authorities as it deems necessary
for the purpose of considering such application or objection.
9. (1) Every person who, pursuant to regulation 6, objects to an application for the
Minister's consent shall, during the consideration of his objection, be entitled to
attend before the Board in person or, if such person is a body corporate, by a senior
director or executive of such body corporate or to be represented thereat by a legal
practitioner and shall be entitled to be heard and to adduce evidence in respect of any
matter relevant to his objection.
(2) The Board shall, by letter sent by ordinary post to the address stated in the
objection, notify the person objecting to an application for the Minister's consent of
the date, time and place of consideration of his objection.
II - IRELAND - Local Government (Water Pollution) Regulations, 1978

8. Where an applicant fails or refuses to comply with any requirement of a local
authority under article 7(3) in relation to the furnishing of results of any investigation
within three months of such requirement, the local authority may carry out, or arrange
to have carried out, such investigation and may require the applicant to defray or
contribute towards the cost of any such investigation.

10. A local authority shall make available for public inspection during normal office
hours at the offices of the local authority, from the time of receipt of the relevant
documents until the licence application or any appeal relating thereto is determined,
the application and any plans and other particulars submitted by the applicant to the
local authority, including any plans or other particulars submitted in pursuance of
article 7.
IV - UNITED KINGDOM - The Groundwater Regulations (Northern Ireland)

1998
23. Transfrontier consultation
(1) Where the Department [of Environment] intends to grant an authorisation for a
discharge into transfrontier groundwater it shall inform the competent authorities in
the Republic of Ireland before an authorisation is issued.
(2) At the request of either the Department or the competent authorities in the
Republic of Ireland and before an authorisation is granted under regulation 17 or 18,
consultations shall be held in which the Commission may participate.
V - INDIA - The Water (Prevention and Control of Pollution) Rules, 1975

(2000)
33. Procedure for making inquiry into application for consent
(1) On receipt of an application for consent under section 25 or section 26, the
Central Board may depute any of its Officers, accompanied by as many assistants as
may be necessary, to visit to the premises of the applicant to which such application
relates for the purpose of verifying the correctness or otherwise of the particulars
furnished in the application or for obtaining such further particulars or information as
such officer may consider necessary. Such officer may for that purpose inspect any
place where water or sewage or trade effluent is discharged by the applicant, or
treatment plants, purification works or disposal systems of the applicant and may
require the applicant to furnish to him any plans, specifications and other data relating
to such treatment plants, purification works or disposal systems or any part thereof,
that he considers necessary.
(2) Such officer shall before visiting any premises of the applicant for the purpose of
inspection under sub-rule (1) above, give notice to the applicant of his intention to do
so in Form XIV. The applicant shall furnish to such officer all facilities that such
officer may legitimately require for the purpose.
(3) An officer of the Central Board may, before or after carrying out an inspection
under sub-rule (1) above, require the applicant to furnish to him orally or in writing
such additional information or clarification, or to produce before him such
documents, as he may consider necessary for the purpose of investigation of the
application and may for that purpose, summon the applicant or his authorised agent
to the office of the Central Board.
VI - UGANDA - The Water (Waste Discharge) Regulations, 1998

7. Advertisement of applications
(1) The Director
(a) shall at least on two separate occasions publish, in a newspaper of general
circulation in the area to which the application relates, a notice summarising the
nature of any application received under regulation 5;
(b) may give such other public notice of the application as he or she considers
appropriate in the circumstances;
(c) may give written notice of the application to any person whom he or she
considers may be adversely. affected by the discharge of the waste to which the
application relates; and
(d) shall invite submissions on the application in any notice given under this
regulation within thirty days of the date of the notice or such longer period as the
Director thinks appropriate in the circumstances.
(2) The applicant shall be responsible for the expenses incurred under subregulation
(1).
8. Additional information
The Director or a person authorised by the Director may
… (b) enter any land to which an application relates and undertake any investigations
that are necessary for considering the application.
Step Four - Deciding on applications
Decisions as to whether or not to grant a permit, or to grant it subject to

terms and conditions departing from those sought by the applicant are
typically left to the discretion of the responsible decisionmaker (I and VI).
Whilst the law cannot prescribe the nature and contents of specific decisions,
it can nonetheless orientate their making by prescribing "criteria" which
decisionmakers are to follow in arriving at decisions on applications (II to
IV, VIII and IX). However, the discretionary authority of administrators can
be severely curtailed in relation to groundwater polluting substances (VIII).
It is worth pointing out that decisionmaking criteria will provide useful
ammunition for challenging decisions on their merits on appeal (see in this
regard Step Six below). Pending further review of an application and a final
decision on it, an interim decision can be made resulting in the grant of a
"temporary" permit (V).

11. (1) The Minister, having considered an application and the report of the Board
thereon and such other documents as were submitted to him under regulation 9, shall
decide whether or not he should grant his consent and where he has decided so to do
he shall grant his consent in Form WRB.81 set out in the Schedule hereto.
II - NEW ZEALAND - Waters Pollution Regulations, 1963

12. ... (2) When considering any such application the Council shall have regard to the
effect of other discharges for which permits have been or may be issued on the waters
that will be affected by the discharge in respect of which the permit is sought.
III - AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973

26. ... (e) In considering an application for a licence or the renewal of a licence or the
transfer of a licence for the discharge or disposal of wastes the Council shall have
special regard to:
(i) the requirements of any prescribed water quality plans and objectives;
(ii) any recommendations of the Environmental Control Council;
(iii)the desirability of preserving the quality of the waters at the existing level;
(iv)the desirability of restoring the quality of the waters to a higher level;
(v)the desirability of ensuring that the best practicable available treatment or
control of wastes is employed;
(vi)the desirability of making provision for future waste discharges;
(vii)the combined effects of the discharge or disposal of wastes and other
discharges and disposals of wastes on the waters;
(viii)effects of periods of no flow in the watercourse;
and shall determine whether the general standard shall apply or whether and what
specific standards shall be attached to the licence, the renewed licence or the
transferred licence and shall also determine whether and in what manner the
standards attached to any other licence shall be varied.
1 Omitted.

Regulations, 1979
11. ... (3) The Director-General may refuse to grant the application for a licence if he
is satisfied that the granting of application for such a licence is likely to cause a
worsening of condition in the inland waters or cause pollution in any other segment
or element of the environment.
(4) Without prejudice to the generality of paragraph (3) of this regulation, the
Director-General may grant the application for a licence if he is satisfied that:
(a) there is no known practicable means of control to enable compliance with the
acceptable conditions; or
(b) the estimated cost to be incurred for compliance will be prohibitive having
regard to the nature and size of the industry, trade, or process being carried out in
the premises discharging the effluent; or
(c) the design and construction of any treatment plant or other control
equipment and their commissioning require a longer period than the period for
compliance with these Regulations; or
(d) the imposition of the acceptable conditions as prescribed may result in
circumstances which, in his opinion and having regard to all factors, are not
reasonably practicable or are contrary to the intent and spirit of the Act; or
(e) a sewerage system is to be provided and the effluent is permitted to be
admitted into the sewerage system. ...
V - NEW ZEALAND - Waters Pollution Regulations, 1963

12. ... (3) Where an application for a permit relates to an outfall from which
pollutants are already being discharged, the Council, in its absolute discretion, may
grant a temporary permit authorising the continuation of the discharge subject to such
terms and conditions (if any) as may be prescribed in the temporary permit. Any such
temporary permit shall cease to have effect when the application is finally dealt with
by the Council under subclause (1) hereof.
VI - CANADA – SASKATCHEWAN - The Water Regulations, 2002

9. Decision respecting permits
(1) If the minister receives an application and the information and material required
by this Part, the minister shall:
(a) either:
(i) if the minister is satisfied that the Act and these regulations have been
complied with and that it is not contrary to the public interest to do so, issue a
permit; or
(ii) refuse to issue a permit; and
(b) notify the applicant of the decision.
(2) On issuing a permit, the minister may impose any terms and conditions on the
permit that the minister considers appropriate. …
VII - UNITED KINGDOM - The Groundwater Regulations, 1998
4. Measures to prevent the introduction into groundwater of list I substances
(1) An authorisation shall not be granted if it would permit the direct discharge of any
substance in list I.
(2) An authorisation shall not be granted in relation to:
(a) the disposal, or tipping for the purpose of disposal, of any substance in list I
which might lead to an indirect discharge of that substance; or
(b) any other activity on or in the ground which might lead to an indirect
discharge of any substance in list I,
unless that activity has been subjected to prior investigation.
(3) In the light of any such investigation-
(a) an authorisation shall not be granted if it would permit the indirect discharge
of any substance in list I; and
(b) any authorisation granted must include conditions which require that all
necessary technical precautions are observed to prevent an indirect discharge of
any substance in list I. …
(5) However, a discharge of any substance in list I into groundwater may be
authorised after prior investigation if-
(a) the investigation reveals that the groundwater is permanently unsuitable for
other uses (especially domestic or agricultural uses), presence of that substance
does not impede exploitation of ground resources and conditions are imposed
which require that all technical precautions are observed to prevent that
substance from reaching other aquatic systems or harming other ecosystems; or
(b) the discharge is due to the re-injection into the same aquifer of water used for
geothermal purposes, water pumped out of mines and quarries or water pumped
out for civil engineering works.
5. Measures to limit the introduction into groundwater of list II substances to avoid

pollution
(1) An authorisation shall not be granted in relation to-
(a) any direct discharge of any substance in list II;
(b) any disposal or tipping for the purpose of disposal of any substance in list II
which might lead to an indirect discharge of that substance;
(c) any other activity on or in the ground which might lead to an indirect
discharge of any substance in list II,unless that activity has been subjected to
prior investigation.
(2) An authorisation may only be granted if, in the light of any such investigation, it
includes conditions which require that all necessary technical precautions are observed
to prevent groundwater pollution by any substance in list II.
(3) The following powers shall be exercised if it is necessary to do so for the purpose
of avoiding pollution of groundwater by substances in list II-
(a) in the case of any discharge from a highway drain or road drain which
contains such substances, the powers conferred by section 86(1) of the Water
Resources Act 1991 or section 30G(1) of the Control of Pollution Act 1974
(prohibition of certain discharges by notice);
(b) in the case of any activity falling within paragraph (1)(c) above and not falling
within sub-paragraph (a) above, the powers conferred by regulation 19.
7. Examination required in prior investigation
Any prior investigation required by regulation 4 or 5 shall include examination of-
(a) the hydrogeological conditions of the area concerned;
(b) the possible purifying powers of the soil and subsoil; and
(c) the risk of pollution and alteration of the quality of the groundwater from the discharge,
and shall establish whether the discharge of substances into groundwater is a
satisfactory solution from the point of view of the environment.
8. Surveillance of groundwater
An authorisation which is subject to any of the provisions of regulation 4, 5 or 6 may
only be granted if the Agency has checked that the groundwater (and, in particular, its
quality) will undergo the requisite surveillance.
VIII – VIET NAM - Decree No.179/1999 Stipulating the Implementation of

the Law on Water Resources
5. - The granting of permits to discharge waste water into water sources stipulated in
Article 18 of the Law on Water Resource is specified as follows:
(2) Grounds for granting permits:
The granting of permits for discharge of waste water into water sources must be
based on:
a) The Law on Water Resources and other relevant legislation;
b) The planning for protection, exploitation and use of water sources and
prevention of and combat against harmful effects caused by water in river basins,
as well as the planning on systems of water conservancy works;
c) The water sources' capacity to take in waste water; and the criteria of waste
water:
d) Proposals of the agency(ies) managing the river basin zoning; and
organizations and individuals managing and exploiting water conservancy works.
IX - UGANDA - The Water (Waste Discharge) Regulations, 1998

9. Consideration of application
(1) The Director shall, in considering an application under regulation 5, have regard to
the following
(a) the existing authorised and projected quality of water in, and down-stream of
the area;
(b) any adverse effect which the discharge of waste is likely to have on
(i) the existing authorised uses of water;
(ii) possible future beneficial uses of water;
(iii) any aquifer or waterway, including effects on land which forms the
waterway or its surroundings;
(iv) the environment, including the riverine and riparian environment;
(v) in-stream uses of water;
(c) the minimum water quality standards and effluent discharge standards
established under sections 26 and 27 of the National Environment Statute, 1995;
(d) any guidelines or conditions relating to waste discharge permits prescribed by
the Minister under subsection (6) of section 29 of the Water Statute, 1995;
(e) government policy on environment management and conservation;
(f) any submissions made under paragraph (d) of sub regulation (1) of regulation 7;
(g) the comments of any public authority to which an application is referred
under section 30 of the Water Statute, 1995 and any special conditions that are
proposed by such public authority;
(h) any other matter which the Director considers relevant to the application.
(2) Without prejudice to subregulation (1), the Director shall not approve an
application for a waste discharge permit in respect of any premises for which a works
approval has been granted unless he or she is satisfied that the works have been
completed in accordance with the works approval.
(3) The Director may, where an application for a waste discharge permit is received in
respect of any premises for which a works approval has not been granted
(a) by notice in writing specify any additions, alterations or modifications to the
premises which shall be completed to the satisfaction of the Director before the
application is reconsidered; or
(b) grant the waste discharge permit subject to the condition that any additions,
alterations or modifications to the premises specified in the permit shall be made
within the time specified in the permit.
(4) The Director shall not, when granting a waste discharge permit in respect to any
land, attach conditions relating to the execution of additions, alterations or
modifications to the premises which are any more onerous for the applicant than any
condition previously attached to a works approval. …
Step Five - Formatting of waste discharge permits
A decision to allow a proposed waste discharge or a proposed activity or

process results in a legal instrument variably styled permit, licence,
authorization or consent - collectively referred to in this Chapter as
"permits" for ease of reference. These are the instruments of the grant, and
at the same time they constitute and are evidence of, a right to discharge
wastes into a body of water or on or under the ground, or to carry on a given
activity or process. Standard formats of such instruments may be provided
by subsidiary legislation for the convenience of government administrators
(II, III and VII). The format of permits may also be left to the discretion of
the responsible government authority (VI). The rights evidenced in the
instrument of a grant are generally qualified by terms and conditions. Whilst
the framing of such terms and conditions is typically left to the discretion of
the permit-granting government authority (IV and V), subsidiary legislation
may provide, directly in the standard Forms (II and VII) or otherwise (V),
checklists of items which the permit-framers must provide for in the permit,
or standard terms for express or implied incorporation in the permit (I). In
addition, the holders of permits may be subject to obligations of general
import laid down in the legislation for direct compliance, i.e. without the
need for such obligations to be recorded in the permit (see sub-chapter 3.3
below).
I - CAYMAN ISLANDS - Water Authority Regulations, 1985

16. (1) Permits under this Part of the Regulations shall have validity for:
(a)one year, in case of permits for discharge into ground water into or onto the
ground and into territorial waters; ...
II - CAYMAN ISLANDS - Water Authority Regulations, 1985

Form - Discharge Permit - See Appendix II, page 348.

Form 1 - Licence to Discharge Trade or Sewage Effluent to Waters - See Appendix
II, page 348.

Regulations, 1979
5. ... (2) The Director-General may grant such application either subject to conditions
or unconditionally and may require the applicant:
(a) to repair, alter, replace or install control equipment;
(b) to conduct a monitoring programme at his own expense or bear the cost of such
programme within such period or at such time and in such manner as the Director-
General may specify.
V - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978

11. ... (3) In every consent granted under sub-regulation (1), the Minister
(a) shall specify the period for which such consent shall remain valid, but such
consent may be renewed thereafter, at the discretion of the Minister, for any further
period.
(b) may specify any conditions upon which such consent has been granted.
(4) The determination of the period specified under paragraph (a) and the conditions
specified under paragraph (b) of sub-regulation (1) shall lie solely in the discretion of
the Minister.
VI - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

9A. Waste discharge licence
… (2) A licence granted under section 74 of the Act shall be in a form approved by
the Controller.
VII - UGANDA - The Water (Waste Discharge) Regulations, 1998

First schedule - Permit to discharge waste – See Appendix II, page 349.
VIII - UNITED KINGDOM - The Groundwater Regulations, 1998

9. Terms of authorisation of discharge of substances in list I or II
(1) This regulation applies where-
(a) a direct discharge of any substance in list I or II is authorised in accordance
with regulation 4(5) or 5; or
(b) waste water disposal which inevitably causes an indirect discharge of any
substance in list II is authorised in accordance with regulation 5.
(2) In a case where this regulation applies the authorisation shall specify in particular-
(a) the place where the discharge may be made;
(b) the method of discharge which may be used;
(c) the essential precautions which must be taken, paying particular attention to
the nature and concentration of any substance in list I or II present in the
effluent, the characteristics of the receiving environment and the proximity of
water catchment areas, in particular those for drinking, thermal and mineral
water;
(d) the maximum quantity of any such substance permissible in the effluent
during one or more specified periods of time and the appropriate requirements as
to the concentration of any such substance;
(e) the arrangements for monitoring effluents discharged into groundwater;
(f) if necessary, measures for monitoring groundwater, and in particular its
quality.
10. Terms of authorisation for disposal or tipping for the purpose of disposal
(1) This regulation applies where-
(a) any disposal, or tipping for the purpose of disposal, of any matter which
might lead to an indirect discharge of any substance in list I or II is authorised in
accordance with regulation 4 or 5; and
(b) in the case of a disposal, it is not a disposal of waste water to which regulation
9(1)(b) applies.
(2) In a case where this regulation applies the authorisation shall specify in particular-
(a) the place where the disposal or tipping may be done;
(b) the methods of disposal or tipping which may be used;
(c) the essential precautions which must be taken, paying particular attention to
the nature and concentration of any substance in list I or II present in the matter
to be disposed of or tipped, the characteristics of the receiving environment and
the proximity of water catchment areas, in particular those for drinking, thermal
and mineral water;
(d) the maximum quantity permissible, during one or more specified periods of
time, of the matter containing any such substance and, where possible, of any
such substance, to be tipped or disposed of and the appropriate requirements as
to the concentration of any such substance;
(e) the technical precautions to be implemented to prevent any discharge into
groundwater of any substance in list I and any pollution of such water by any
substance in list II,
(f) if necessary, the measures for monitoring the groundwater, and in particular
its quality.
11. Period and conditions of authorisation

(1) An authorisation of-
(a) a discharge of any substance in list I or II; or
(b) any disposal, or tipping for the purpose of disposal, of any matter which
might lead to an indirect discharge of any substance in list I or II,
may be granted for a limited period only, and must be reviewed at least once in every
four years when it may be renewed, amended or revoked.
(2) If the applicant for any such authorisation states, or it is otherwise evident, that he
will be unable to comply with the conditions of the proposed authorisation, the
authorisation shall not be granted.
(3) The Agency shall monitor compliance with the conditions of any such
authorisation and the effects of discharges on groundwater.
(4) If the conditions of any such authorisation are not complied with, the appropriate
steps shall be taken to ensure compliance and, if necessary, the revocation of the
authorisation.
IX – VIET NAM - Decree No.179/1999 Stipulating the Implementation of the

Law on Water Resources
5. The granting of permits to discharge waste water into water sources stipulated in
… (3) Duration of permits:
a) Permits for discharge of waste water into water sources shall be valid for
from 3 to 5 years;
b) For a permit of which the use duration has expired, the agency competent
to grant such permit shall decide its extension but each extension must not
exceed 3 years; …
Step Six - Appealing from adverse decisions
Legislation may allow for judicial or administrative review of permit

decisions, i.e. for a judge in court or for a government administrator ranking
hierarchically higher to the one who took the decision impugned to screen
the above decisions for consistency with formal and substantive legal
requirements. This review process constitutes an appeal. The procedural and
substantive rules governing the appeal process are generally found in
subsidiary legislation, as in the examples below.

25. In this Part:
"appeal" means an appeal under section 8 or section 20, except where otherwise
provided,
"party to an appeal" means:
(a) in the case of an appeal under section 8
(i) the appellant,
(ii) the local authority which granted, refused or reviewed a licence in relation
to which an appeal is made,
(iii) the applicant for a licence in relation to the grant or refusal of which an
appeal is made by another person,

(iv) the person making, causing or permitting a discharge in the case of an
appeal by another person in relation to a review of a licence for that
discharge;
(b)in the case of an appeal under section 20
(i) the appellant,
(ii) the sanitary authority which granted, refused or reviewed a licence in
relation to which an appeal is made.
26. The prescribed period for the purpose of an appeal under section 8 shall be:
(a) in the case of an appeal relating to the grant or refusal of a licence the period
of one month beginning on the date of the grant or refusal of the licence,
(b) in the case of an appeal relating to the decision of a local authority on a
review of a licence the period of one month beginning on the date of the local
authority's decision.
27. An appeal shall:

(a) be made in writing
(b) state the subject matter of the appeal, and
(c) state the grounds of appeal.
28. The Board shall give a copy of an appeal to each other party to the appeal.
29. (1) Where an appeal is made to the Board, the local authority or sanitary authority
which granted, refused or reviewed the licence in relation to which the appeal is made
shall give to the Board such information or evidence in its possession or procurement
as the Board may require for the purpose of determining the appeal, including in the
case of an appeal relating to the grant or refusal of a licence a copy of the application
and of the plans and particulars which accompanied it.
(2) A party to an appeal (other than a local authority or sanitary authority) shall give to
the Board any document, information or evidence in his possession or procurement
which the Board consider necessary for the purpose of determining the appeal.
(3) Where a person neglects or refuses to give the Board any document, information
or evidence within such period as may at any time be specified by the Board, the
Board may determine the appeal without such document, information or evidence.
(4) A copy of any document relevant to an appeal which is given to the Board by any
party shall be given by the Board to each party not already possessed of a copy of
such document, or shall be made available for inspection at the offices of the Board
or at the offices of the local authority or sanitary authority which granted, refused or
reviewed the licence in relation to which the appeal is made or at such convenient
place as the Board may specify and each party not possessed of a copy of the
document shall be informed that it is so available for inspection.
30. A party to an appeal to whom a copy of an appeal has been given under article 28
may, within such period as may at any time be specified by the Board, make in writing
to the Board such observations on the appeal as he thinks fit and a copy of such
observations shall be given by the Board to each other party to the appeal or, where a
number of persons have made the appeal jointly, to any one of such persons.
31. (1) A party to an appeal may request an oral hearing of the appeal and any such
request shall be made in writing to the Board.
(2) A request for an oral hearing may be withdrawn at any time.
(3) Where the Board decide to hold an oral hearing, the Board shall inform each of
the parties to the appeal and shall give each party not less than seven days notice of
the time and place of the opening of the oral hearing or such shorter notice as may be
accepted by all the parties to the appeal.
(4) The Board may, at any time before the opening of an oral hearing, alter the time or
place of the opening of the hearing and, in the event of such alteration, the Board
shall give each party not less than seven days notice of the new time and place or such
shorter notice as may be accepted by all the parties to the appeal.
(5) Where the parties to an appeal have been informed that an oral hearing is to be
held and where, following the withdrawal of a request for an oral hearing, or a
decision by the Board, the appeal falls to be determined without an oral hearing, the
Board shall give notice accordingly to the parties and shall not determine the appeal
until seven days after the date of the giving of the notice or such longer period as the
Board may specify in the notice.
(6) An oral hearing shall be conducted by the Board or by a person appointed for that
purpose by the Board generally or for a particular appeal or for appeals of a particular
class.
(7) If, for any reason, the person appointed is unable or fails to conduct, or to
complete the conduct of, an oral hearing or, for any reason, is unable or fails to
furnish a report on an oral hearing to the Board, the Board may appoint another
person to conduct the oral hearing or to conduct a new oral hearing.
32. The Board or other person conducting an oral hearing shall have discretion as to
the conduct of the hearing and in particular shall:
(a) conduct the hearing without undue formality,
(b) decide the order of appearance of the parties,
(c) permit any party to appear in person or to be represented by another person,
and
(d) hear, if they think fit, any person who is not a party to the appeal.
33. (1) Subject to sub-articles (2) and (3), the Board or other person conducting an
oral hearing may adjourn or re-open any hearing or, notwithstanding that any party
has failed to attend a hearing, proceed with the hearing.
(2) Notice of the time and place of the re-opening of an oral hearing or resumption of
an oral hearing that has been adjourned indefinitely shall be given by the Board to
each of the parties to the appeal not less than seven days before the said time unless
all such parties accept shorter notice.
(3) Unless the Board consider it expedient to do so and so direct, an oral hearing shall
not be re-opened after the report thereon has been submitted to the Board.
34. (1) The Board shall notify every party to an appeal of its decision on the appeal.
(2) Every notification under sub-article (1) to a person, other than a local authority or
sanitary authority, shall specify the nature of the decision, including any directions
given to the local authority or sanitary authority relating to the granting or revoking of
a licence or the attachment, amendment or deletion of conditions.
35. On complying with directions of the Board in relation to a licence the local
authority or sanitary authority shall notify the holder of the licence of such
compliance.
II - UNITED KINGDOM - Water Resources (Miscellaneous Provisions)

Regulations, 1965
4. (1) The time within which notice in writing of appeal may be served on the Minister
by an aggrieved applicant for consent under section 72 of the Act (which relates to
the control of discharges into underground strata) shall be:
(a) one month from the date on which the applicant is notified by the river
authority of their decision on his application, or,
(b) if notice of decision is not given to the applicant by the river authority within
the period allowed in that behalf by section 72(4) of the Act (namely, three
months and any duly agreed extension), one month from the end of that period,
or such longer period as the Minister may at any time allow.
(2) The appellant shall provide the Minister with a copy of the following documents:
(a) the application for consent made to the river authority;
(b) all relevant maps and particulars submitted to the authority;
(c) the notice of the authority's decision, if any;
(d) all other relevant correspondence with the river authority.
5. (1) This regulation applies to an appeal under section 74 of the Act against the
revocation or variation by a river authority of a consent under section 72 to discharge
into underground strata, or against the refusal of the river authority to vary such a
consent in accordance with the terms of an application in that behalf made by the
person to whom the consent was granted.
(2) the notice of appeal shall be in writing and shall be served on the Minister:
(a) within one month from the date on which notice of the revocation or
variation, or, as the case may be, refusal, is given by the river authority to the
person to whom the consent was granted, or
(b) where, in the case of an application for variation of a consent, the river
authority do not give notice of their decision to the applicant within the period
allowed in that behalf by section 74(3) of the Act (namely, three months and any
duly agreed extension), within one month from the end of that period,
or such longer period as the Minister may at any time allow.
(3) The appellant shall provide the Minister with a copy of the following documents:
(a) the relevant consent;
(b) if the appeal is against the refusal of the river authority to vary the consent in
accordance with the terms of an application for variation, the relevant
application;
(c) the notice of revocation or variation, or the notice of refusal, if any;
(d) all relevant correspondence with the river authority.
III - UGANDA - The Water (Waste Discharge) Regulations, 1998

12. Appeal to the Minister
(1) Any person aggrieved by the decision of the Director may appeal to the Minister,
in the format set out in Form D of the Minister.
Fourth Schedule, setting out the grounds of objection.
(2) The Minister shall, within twenty one days of the receipt of the appeal, consider
and determine the appeal or refer
the appeal to the Water Policy Committee for its recommendation..
(3) The Water Policy Committee shall, within one month of the date of receipt of the
appeal, consider the appeal and make recommendations to the Minister.
(4) The Minister shall, within seven days of the receipt of the Water Policy Committee
recommendation, consider and determine the appeal having regard to the
recommendation.
(5) The Minister or the Water Policy Committee, if the appeal is referred to it, shall
(a) have regard to the factors spelt out in regulation 9 when making a decision or
recommendation under this regulation; and
(b) not make a decision or recommendation without giving a hearing to the
person who lodged the appeal except that it shall not be necessary for the person
to be heard by both the Minister and the Water Policy Committee.
Fourth schedule – Form D - Appeal against a decision made by the director or

other authorised persons made under the waste disposal regulations – See Appendix
II, page 351.
Step Seven - Recording of decisions and permits
Records of successful applications and of permits issued as a result are

generally prescribed by the law, for the government's own future reference
and for the information of the general public. Records of waste discharge
permits are commonly styled "registers" and are accessible to the public as
directed by the law. Registers generally also contain a record of events
concerning the permit after its grant (see in this regard sub-chapter 3.3
below). Subsidiary legislation provides the details of formation, contents and
accessibility of such Registers as shown in the examples below.

Form 3 - Register of Licences under Section 4 for the Discharge of Trade and Sewage
Effluents to Waters - See Appendix II, page 353.
II - UNITED KINGDOM - Water Resources (Miscellaneous Provisions)

Regulations, 1965
6. (1) The register which by virtue of section 75 of the Act is required to be kept by a
river authority and to be available for inspection by the public at all reasonable hours
shall contain the following particulars of every consent granted by the authority, and
for the time being in force, under section 72 of the Act, that is to say:
(a) the date of grant of the consent and the name and address of the person to
whom it was granted;
(b) brief details of the consent, including any conditions attached to it;
(c) the date and brief details of any variation of the consent, indicating whether
the variation was effected in pursuance of an application or otherwise;
and, where a consent is granted or varied in accordance with a direction given by the
Minister on appeal, the relevant particulars shall include a statement to that effect.
(2) The register shall include an index, which shall be in the form of a map unless the
Minister approves some other form for enabling a person to trace any entry in the
register.
(3) The particulars specified in paragraph (1) of this regulation shall be entered in the
register within 14 days from the grant, or, as the case may be, variation, of the consent
to which they relate.
(4) The register shall be kept at the principal office of the river authority.
III - UGANDA - The Water (Waste Discharge) Regulations, 1998

19. Register
(1) The Director shall keep a Register of
(a) all applications made under regulation 5;
(b) every works approval or waste discharge permit granted.
(2) The Register shall contain the information specified in the Fifth Schedule and such
other information as the Director may consider appropriate.
(3) The Director may, subject to sub-regulation (2) of this regulation, keep the
Register in any form the Director considers appropriate.
(4) The Director shall, under subsection (1) of section 79 of the National
Environment Statute, 1995 transmit the record kept under this regulation to the
Authority.
20. Access to register

(1) Subject to subregulation (2) of this regulation, the Director shall make available to
any person a copy of any entry in the Register upon the request of that person and
upon payment of the fee specified in Form B of the Fourth Schedule to these
Regulations.
(2) In making an application for a works approval or a waste discharge permit the
applicant may, apply in the format set out in Form F of the Fourth Schedule, to the
Director not to make any portion of a relevant entry in the Register public.
(3) The Director may only agree not to make any portion of an entry in the Register
public if the applicant satisfies the Director that
(a) the relevant portion of the entry would potentially reveal information to a
competitor about the applicant's production process which would
(i) not otherwise be available generally or to that competitor; and
(ii) substantially interfere with the applicant's competitive position in the

market; and
(c) the potential disadvantage to the applicant clearly outweighs the public's
interest in having access to that relevant portion of the entry.
Fourth Schedule - Form F – Application for exemption of information from the

public register - See Appendix II, page 354.
Fifth schedule – Information to be contained in the Waste (waste water) Discharge
Register – See Appendix II, page 355.
3.2 General Obligations of Permit Holders
In addition to the terms and conditions spelt out in the permit, relevant
holders may also be subject, explicitly or by implication, to obligations
applicable to all of them or to categories of them. Obligations of this kind
are generally found in subsidiary legislation. As to their nature vis-a-vis the
obligations recorded in a permit, see the considerations made in Chapter I,
sub-chapter 3. As to their contents, they tend to cover the following matters:
Standards of effluent quality
To the extent that one cannot discharge waste or carry on an activity or

process without a permit, the holders of such permits are bound by
requirements as to the quality of effluents laid down in the legislation for
general compliance (See reported example). Subsidiary legislation on these
particular standards is presented in sub-chapter 7.4 herebelow.
UGANDA - The Water (Waste Discharge) Regulations, 1998

3. Standards of effluents waste
(1) The standards for treated effluent or waste before discharge into water or on land
is as established by the Authority in consultation with the lead agency under section
27 of the National Environment Statute, 1995.
4. Prohibition on the discharge effluent or waste

… (2) A person granted a permit under sub regulation (1) shall
(a) ensure that the effluent or waste discharged conforms to the maximum
permissible limits established under regulation 3;
(b) be subject to such other conditions as the Director may specify.

(3) The Director or a person authorised by him or her may issue guidelines on the
type of industry or establishment affected and the method of treatment of effluent or
waste so as to ensure assimilation by the receiving water or land into which the
effluent or waste is discharged.
Changes in the quantity and/or quality of the waste discharged
In view of the critical importance of permitted quantities and/or the nature

and composition of discharges, permit holders are generally under an
obligation to refrain from effecting changes in either the quantitative or the
qualitative specifications stated in a permit. This negative obligation however
may be qualified by a requirement that an intended change be cleared in
advance with, or expressly consented to by, the permit-granting government
authority (I and II).
I - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents)

Regulations, 1979
13. (1) The holder of a licence shall not make, or cause to permit to be made, any
change to the premises or in the manner of running, using, maintaining or operating
the premises or in any operation or process carried on at the premises, which change
causes, or is intended or is likely to cause, a material increase in the quantity or quality
of effluent or both discharged from the premises, unless prior written approval of the
Director-General has been obtained for the change.
(2) For the purposes of paragraph (1), changes to licensed premises include:
(a) any change in the construction, structure or arrangement of the premises or
any building serving the premises:
(b) any change in the construction, structure, arrangement, alignment, direction,
or condition of any channelling device, system, or facility serving the premises; and
(c) any change of, to, or in any plant, machine, or equipment used or installed at
the premises.
II - UGANDA - The Water (Waste Discharge) Regulations, 1998

10. Approval of application
… (4) The holder of a permit under these regulations shall apply to the Director to
cancel and re-issue a permit so as to amend the terms of the original permit due to the
subsequent changes or modifications in operation which lead to relevant or significant
changes in discharges.
(5) The application under subregulation (4) shall be in Form C of the Fourth Schedule
to these regulations.
(6) The Director shall consider the applications under subregulation (4) and (5) and
such other relevant information and make a decision whether to amend the terms or
not.
Fourth schedule - Form C - Application for change in operation or discharge – See

Dilution of the effluent discharged
Permit holders may be under a general obligation not to dilute the effluent
covered by the permit. This negative obligation may be qualified by the
requirement that dilution be expressly consented to by the permit-granting
government authority, and be undertaken subject to the terms prescribed by
it as in the example below.
MALAYSIA - Environmental Quality (Sewage and Industrial Effluents)

Regulations, 1979
17. No person shall dilute, or cause or permit to be diluted, any effluent, whether raw
or treated at any time or point after it is produced at any premises unless prior written
authorization of the Director-General has been obtained for the dilution and the
dilution is done according to the terms and conditions of the authorization.
Spills or accidental discharges
In the examples herebelow, general obligations in this regard concern

reporting of occurrences to the responsible government authority,
containment of the consequences of an accidental discharge, and remedying
the effects of it or paying for the cost of government-executed clean-up.

Regulations, 1979
18. (1) In the event of the occurrence of any spill or accidental discharge of the
substances specified in regulation 8 which either directly or indirectly gains or may
gain access into any inland waters, the person or persons responsible for such
occurrence shall immediately inform the Director-General of the occurrence.
(2) The person or persons responsible for the occurrence of the spill or accidental
discharge referred to in paragraph (1) shall be required, to every reasonable extent, to
contain, cleanse or abate the spill or accidental discharge or to recover substances
involved in the spill or accidental discharge in a manner satisfactory to the Director-
General.
(3) The Director-General shall estimate any damage caused by the spill or accidental
discharge and may recover all costs and expenses from the person or persons
responsible for the occurrence of the spill or accidental discharge.

16. Accidental discharge
(1) The owner or person responsible for the management of an industry or
establishment referred to in subregulation (1) of regulation 15 shall, in the case of an
accidental discharge, immediately, in any case within the period of twenty-four hours
after the accidental discharge, report the matter to the Director using the fastest
available means.
(2) The provision of subregulation (I) shall not release the owner or person under
subregulation (1) of regulation 5 from taking immediate action to mitigate the damage
resulting from the accidental discharge.
(3) Without prejudice to section 67 of the National Environment Statute, 1995, the
Authority or a person authorised by the Authority shall establish disaster
preparedness measures for accidental discharges.
Monitoring and recording of measurements
Permit holders generally are under an obligation to monitor and to keep

records of measurements and data concerning a permitted discharge. These
obligations become operational upon an explicit request made by the permit-
granting authority to the concerned permit holder (I and II) or by virtue of
the direct operation of the law (III).

Regulations, 1979
19. A person who discharges effluent into any inland waters or onto any land shall, in
connection with such discharge, install such sampling test point or points, inspection
chambers, flow-meters, and recording and other apparatuses as the Director-General
may, from time to time, require.

12. (1) A person to whom the Minister's consent has been granted shall:
... (c) if so required by the Minister, erect, in such workmanlike manner as shall satisfy
the Minister, works which are required for the sampling and testing of any waste or
effluent capable of being discharged by such person; ...
15. Where the Minister requires him so to do, an applicant for the Minister's consent
or a person to whom the Minister's consent has been granted shall, at no expense to
the Minister or the Board, take samples of waste or effluent in the manner which the
Minister my prescribe and have such samples analyzed by an analyst recognized by the
Minister and furnish the results of such analysis to the Minister.
III - NIGERIA - National Environmental Protection (Pollution Abatement in

Industries and Facilities Generating Wastes) Regulations, 1991
2. An industry or a facility shall:
(a) have a pollution monitoring unit within its premises;
(b) have on site a pollution control; or
(c) assign the responsibility for pollution control to a person or body corporate
accredited by the Agency.
3. A discharge, including solid, gaseous and liquid waste from any industry or facility
shall be analysed and reported to the nearest office of the Agency every month,
through a Discharge Monitoring Report.
Construction of works instrumental to the discharge
General obligations in this particular regard, which include the installation of

anti-pollution and wastewater treatment facilities, aim at upholding generic
or specific standards of workmanship and care (I and II), in addition to
providing for administrative requirements, notably in relation to the
completion of authorized works (III).

12. (1) A person to whom the Minister's consent has been granted shall –
... (b) erect, in such workmanlike manner as shall satisfy the Minister, works which are
required for the discharge of waste or effluent into any public water, and in this case
the works shall be erected in a manner which shall ensure that the effluent does not
cause any unnecessary damage or disturbance to the bed, banks or surroundings of
such public water nor collect into pools within the vicinity of the works; ...
15. General obligation to mitigate pollution
(1) Every industry, establishment or holder of a waste discharge permit shall install
anti-pollution equipment for the treatment of effluent and waste discharge emanating
from the industry.
(2) An installation made under subregulation (1) shall be based on the best practicable
means, environmentally sound practice or any guidelines as the Director may
determine.
III - CANADA – SASKATCHEWAN - The Water Regulations, 2002

10. Notification to minister of completion by permittee of construction, etc.,
authorized by permit
On completion of the construction, extension or alteration of the industrial effluent
works for which a permit is issued, the permittee shall:
(a) notify the minister in writing of the completion; and
(b) if requested to do so by the minister, supply the minister with plans showing
the works as actually constructed, extended or altered.
3.3 Management of Waste Discharge Permits
The conceptual meaning and scope of coverage of this sub-chapter have

been illustrated in Chapter I on ALLOCATING WATER FOR USE:
WATER RIGHTS AND PERMITS, sub-chapter 4. Subsidiary legislation
provides standard formats and procedural and substantive requirements of
permit management mechanisms (i.e. suspension, cancellation and variation
of permits (II, IV, V and VI); transfer of permits (I, III, and VI). Provisions
as to the recording of action taken pursuant to these mechanisms in the
registers of waste discharge permits, and as to appeals from action taken by
the responsible government department or agency, tend to appear in context
with general provisions on the said registers and appeals, respectively (see
sub-chapter 3.1, Steps Six and Seven, respectively).
I – AUSTRALIA - NEW SOUTH WALES - Clean Waters Regulations, 1972

Form 7 - Application for Transfer of a Licence - See Appendix II, page 359.
II - IRELAND - Local Government (Water Pollution) Regulations, 1978

13. (1) Where a local authority intends to review a licence it shall:
(a) give notice of such intention to the person making, causing or permitting the
discharge to which the licence relates, and
(b) publish notice of such intention in a newspaper circulating in the functional area
of the local authority.
(2) Every notice under sub-article (1) shall specify:
(a) the reference number relating to the licence in the register,

(b) the reasons for the review if a period of less than three years has elapsed since the
date of the licence or the last review of the licence; and
(c) that representations relating to the review may be made in writing to the local
authority within one month of the date of the notice.
14. (1) Where a local authority gives notice under article 13 (1)(a) such notice may also
require the person making, causing or permitting the discharge to which the licence
relates to submit such plans or other particulars as it considers necessary for the
purpose of the review.
(2) A local authority shall make available for public inspection during normal office
hours at the offices of the local authority, from the time of receipt of the relevant
documents until the review or any appeal relating thereto is determined, any plans and
other particulars submitted to the local authority in connection with the review,
including any such plans or other particulars submitted in pursuance of sub-article (1).
(3) Where a person fails or refuses to comply with any requirement of a local
authority under sub-article (1) within three months the local authority may complete
the review.
15. (1) On completion of a review of a licence the local authority shall give notice of
its decision to the person making, causing or permitting the discharge to which the
licence relates and to any person who submitted representations in writing to the local
authority under article 13(2)(c).
(2) A notice by a local authority under sub-article (1) shall include a statement that an
appeal under section 8 may be made to the Board by any person within the period
prescribed in article 26 and that any such appeal must be accompanied by a deposit of
£10 and shall specify:
(a) whether any condition of the licence the subject of the review has been deleted,
(b) whether and in what way any condition of the licence the subject of the
review has been amended,
(c) any new conditions attached to the licence, and
(d) the date of the local authority's decision.
III - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978

12. (1) A person to whom the Minister's consent has been granted shall
... (d) not assign the consent to any other person, unless the Minister has first
agreed in writing to such assignment; ...
IV - CANADA – SASKATCHEWAN - The Water Regulations, 2002

11. Amendment, suspension, cancellation of permits
(1) In this section, “permittee” means a permittee who is governed by a permit issued
pursuant to section 9.
(2) A permittee may apply to the minister to cancel, amend or alter the permit.
(3) On receipt of an application pursuant to subsection (2) and if the minister
considers it appropriate to do so, the minister may cancel, amend or alter the permit.
(4) The minister may cancel, amend, alter or suspend any permit issued pursuant to
section 9, in whole or in part, if:
(a) the permittee fails to comply with any term or condition of the permit or has
contravened the Act, these regulations or any order made pursuant to the Act or
these regulations;
(b) the permittee makes any false or misleading statement in any application,
information, materials or plans supplied pursuant to the Act or these regulations
in support of an application for a permit;
(c) the permit was issued as a result of a clerical or administrative error or mistake;
(d) unauthorized changes or alterations are made to the activity or works
governed by the permit; or
(e) the minister is satisfied that it is in the public interest to do so.
(5) Subject to subsection (8), before the minister does any of the things mentioned
in subsection (4), the minister shall give the permittee:
(a) written notice of the minister’s intention to cancel, amend, alter, or suspend
the permit, and the reasons for doing so; and
(b) an opportunity to make written representations to the minister, within 30 days
after the written notice mentioned in clause (a) is served, as to why the permit
should not be cancelled, amended, altered, or suspended.
(6) The minister is not required to give an oral hearing to any person to whom a
notice has been given pursuant to subsection (5).
(7) After receiving the representations mentioned in subsection (5), the minister shall
issue a written decision and shall serve the decision on the person who made the
representations.
(8) If the minister considers that it is necessary to protect human health or public
safety, the minister may immediately cancel, amend, alter or suspend any permit
issued pursuant to section 9 without complying with subsection (5) but, if the minister
does so, the minister shall give the permittee:
(a) written notice of the minister’s action as soon as is practicable; and
(b) an opportunity to make written representations to the minister, within 30 days
after the written notice mentioned in clause (a) is served, requesting the minister
to reconsider the decision to cancel, amend, alter or suspend.
(9) The minister is not required to give an oral hearing to any person to whom a
notice has been given pursuant to subsection (8).
(10) After receiving the representations mentioned in subsection (8), the minister shall
issue a written decision and shall serve the decision on the person who made the
representations.
(11) If the minister cancels, amends, alters or suspends a permit issued pursuant to
section 9, the minister:
(a) may issue any additional order that the minister considers appropriate
requiring any repair, restoration or remediation of the environment; and
(b) in an order mentioned in clause (a), shall specify the period within which the
order must be complied with.
(12) No person to whom an order pursuant to subsection (11) is directed shall fail to
comply with that order.
V – VIET NAM - Decree No.179/1999 Stipulating the Implementation of the

5. The granting of permits to discharge waste water into water sources stipulated in

… 3. Duration of permits:
… c) The use duration of a permit may be changed in one of the following cases:
- The water source is incapable of taking in waste water;
- The water use demand is on a sharp rise, thus leading to much larger volume of
waste water, but no remedial measure has been taken to overcome this situation;
- Other extraordinary circumstances occur, under which the discharge of waste
water must be restricted.
4. The withdrawal and suspension of permits:

The withdrawal or suspension of use validity of permits for discharge of waste water
into water sources shall be effected in the following cases:
a) Organizations and/or individuals that discharge waste water breach contents
stipulated in their permits;
b) Organizations and/or individuals !hat discharge waste water violate the
provisions in Clause 2, Article 19 of the Law on Water Resources;
c) Organizations and/or individuals that discharge waste water into water sources
are dissolved, transferred or declared bankrupt;
d) Such permits have been granted ultra vires;
e) Such permits have been left unused for 1 year without any plausible reasons;
f) The competent State agencies deem it necessary to withdraw or suspend such
pem1its for reasons of national defense or security, or for national or public
interests. …

13. Transfer of waste discharge permit
(1) A person who becomes the owner or occupier of any premises in respect of which
a waste discharge permit exists shall continue to discharge waste from the premises in
accordance with the conditions and terms spelt out in that waste discharge permit for
a period of three months from the date on which that person becomes the owner or
occupier of the premises.
(2) After the expiry of the period referred to in subregulation (1) of this regulation the
Director shall, upon the notification in the format set out in Form E of the Fourth
Schedule by the person referred to in sub regulation (1), grant that person a waste
discharge permit on conditions which are not more onerous to the applicant than the
conditions attached to the previous waste discharge permit relating to those premises
so long as the Director is satisfied that the purposes for which the premises are to be
used and the nature of any waste will not change in any material respect.
14. Breach of conditions

(1) The Director may, at any time if any condition attached to a waste discharge
permit is not observed, give notice in writing to the holder of the permit requiring the
holder to take such action in relation to the waste within such time as the Director
may specify in the notice.
(2) Where the holder of a waste discharge permit fails to comply with the notice
referred to in sub-regulation (1) of this regulation within the time specified in that
notice or such longer time as the Director may allow, the Director may cancel the
waste discharge permit and enter the premises to which the waste discharge permit
relates and take such action as may be necessary to prevent any further discharge of
waste which may come into contact with water directly or indirectly.
Fourth schedule – Form E - Notification of transfer of permit to discharge waste -

See Appendix II, page 360.
3.4 Charges for Discharging Waste under a Permit
A charging mechanism can complement a system of permits to discharge

waste into water bodies or on or under the ground. Charges - also styled
"fees" - leviable under this heading are conceptually and practically distinct
from the fees payable upon the filing of applications. These are paid once
only, and their rationale is to cover, at least nominally, the administrative
costs of processing applications. Charges instead are payable at regular
intervals so long as a permit continues, and they can be - but are not
necessarily - calculated so as to reflect the basic characteristics of the waste
which is discharged, and hence internalize to some extent the external effects
generated by the discharge. Flat charges payable at regular intervals are also
in use in view of the greater ease of administration required, and can be then
differentiated by categories of waste. Charging can also be practised
independently of a system of waste discharge permits, as an alternative
approach to achieving pollution control goals essentially through a financial
mechanism. For the purposes of this book, only charging as a
complementary mechanism to a system of waste discharge permits is
considered.
While the principle of charging in respect of permits or other instruments

should find its proper place in principal legislation, operational details
ranging from the level and categories of flat charges (I), and from criteria to
calculate the level of variable charges (II, III and VI), to pinpointing the
circumstances under which charges can be waived (IV) or abated (V), are
found in subsidiary legislation.

16. ... (4) Upon the filing of an application for a permit under this Part of the
regulation, or of an application for the renewal of the said permit, and annually
thereafter so long as the permit having validity for more than one year in accordance
with sub-section (1) of this regulation continues in force, there shall be payable to the
Authority the fee prescribed in Schedule 2 to these regulations.
Schedule 2 - Fees and Charges

2. Fees for Discharge Permits
(a) Discharge permits for a hotel or condominium group $100 per annum.
(b) Discharge permit for a business or commercial enterprise considered a high
consumer of water $100 per annum.
(c) Discharge permit for a business or commercial enterprise considered a low
consumer of water $20 per annum.
(d) Discharge permit for individual household $10 per annum.
(e) Discharge permit for apartment buildings not registered as condominium
group $10 per apartment per annum.
(f) Discharge permit for any trade waste $150 per annum.
(g) Renewal of permits: there shall apply the annual fees specified in this section.
II – AUSTRALIA - NEW SOUTH WALES - Clean Waters Regulations, 1972

14. (1) For the purposes of section 20(1) of the Act the prescribed fee is:
(a)in the case of a common drain: $40;
(b)in the case of an overflow drain: $50;
(c)in any other case, where the maximum quantity of pollutants which are or are
likely to be discharged on any day is:
(i) not more than 250 cubic metres: $50;
(ii) more than 250 cubic metres but not more than 500 cubic metres: $100;
(iii) more than 500 cubic metres but not more than 1,000 cubic metres: $175;
(iv) more than 1 000 cubic metres but not more than 2 250 cubic metres: $250;
(v) more than 2 250 cubic metres but not more than 4 500 cubic metres: $400;
(vi) more than 4 500 cubic metres but not more than 9 000 cubic metres: $700;
(vii) more than 9 000 cubic metres but not more than 12 000 cubic metres:
$850; or
(viii) more than 12 000 cubic metres: $1 000. ...
III - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents)

Regulations, 1979
22. (1) The fee for a licence, including the renewal of a licence, is $100.00 plus an
effluent-related amount computed according to the method prescribed in the Seventh
Schedule. ...
Seventh Schedule - Method of Computing Effluent-related Licence Fee - See


Regulations, 1979
23. (1) If the Director-General is satisfied that research on effluent disposal or
treatment of a kind or scale that is likely to benefit the cause of environmental
protection is being or is to be carried out at any licensed premises, he may, with the
approval of the Minister, wholly or partly waive any effluent-related amount payable
by virtue or regulation 22(3).
(2) In deciding on the extent of waiver, the Director-General shall be guided:
(a) by a consideration of how much of the amount of effluent discharged or to be
discharged is involved in the research; or
(b) by a consideration of the physical and chemical characteristics of the effluent
discharged or to be discharged.
V – VIET NAM - Decree No.179/1999 Stipulating the Implementation of the

6. The payment of permit-granting fee, fee for discharge of waste water into water
sources and fee for water source pollution prevention and combat stipulated in Article
7 and Point b, Clause 2, Article 19 of the Law on Water Resource is specified as
follows:
… (4) Production and/or business organizations and individuals that discharge waste
water into public water drainage systems of cities, urban areas or densely populated
areas shall have to pay waste water discharge fee. In cases where such organizations
and individuals apply advanced scientific and technological measures to minimize the
discharged water volume or to improve the waste water treatment as compared with
the prescribed standards, they shall be considered for exemption or reduction of
waste water discharge fee; …

18. Waste discharge fees
(1) The holder of a waste discharge permit shall pay an annual waste discharge fee.
(2) The fee referred to in sub-regulation (1) of this regulation shall be fixed having
regard to
(a) the volume, characteristics and components of waste to be discharged;
(b) the principle that the true and total costs of environmental pollution should be
borne by the polluter; and
(c) the principles set out in Form B of the Fourth Schedule to these regulations.
Fourth schedule – Form B – Application fees and waste discharge fees – See
3.5 Dealing with "Existing" Discharges or Processes
When permit or similar requirements are introduced for the first time, or
when important changes are introduced to an established system of permit
requirements, it is standard practice for the relevant legislation to provide
relief to waste discharging operations or to activities and processes lawfully
in progress at the time the new or changed requirements come into
operation. The rationale of this special treatment is essentially one of fairness
to activities being carried out in compliance with the law in effect prior to
the changes brought about by subsequent legislation. Protection of these so-
called "existing discharges" or processes may vary from the automatic grant,
on application, of a prescribed permit, subject to varying qualifications (I and
II), to exemptions from procedural requirements in connection with
applications for a waste discharge permit (III).

42. (1) All discharges of sewage effluent, trade effluent, or other wastes into or onto
the ground, into ground water, or into the territorial, and any quarrying operations,
which are in progress on the effective date of these regulations (hereinafter referred to
as "existing discharges" or "existing Authority in the form issued by and obtainable
from the Authority. Failure of the waste discharge or quarry operator to comply with
the provisions of this sub-section within the date therein indicated will result in the
forfeiting of his entitlement under sub-section (3) of this regulation.
(2) All applications for the registration of existing discharges or of existing quarries
shall be accompanied by the appropriate registration fee prescribed in Schedule 2 to
these regulations. No application under this sub-section shall be entertained by the
Authority until payment of the prescribed fee has been effected.
(3) Upon receipt of an application under this regulation, the Authority shall issue to
the applicant a waste discharge permit or quarry permit, as the case may be, and shall
cause an entry to that effect to be made in the Register of Waste Discharge Permits or
in the Register of Quarry Permits, as the case may be.
(4) All permits granted in pursuance of this regulation shall be in the form prescribed
for new permits under regulation 14 of these regulations, and shall be subject to the
provisions of regulations 16, 17, 19, 20 and 211, of these regulations, and to such
reasonable terms and conditions as the Authority think fit under the circumstances.
Provided that the application of the provisions of regulations 19 and 20 of these
regulations in
relation to a waste discharge permit under this regulation shall be graduated by the
Authority so as not to place an unreasonable burden on an existing discharge.
(5) There shall be payable to the Authority annually after the grant of a permit under
this regulation, so long as such permit continues in force, the fee prescribed for new
permits under regulation 16 of these regulations.
II - NEW ZEALAND - Waters Pollution Regulations, 1963

12. ... (3) Where an application for a permit relates to an outfall from which pollutants
are already being discharged, the Council, in its absolute discretion, may grant a
temporary permit authorising the continuation of the discharge subject to such terms
and conditions (if any) as may be prescribed in the temporary permit. Any such
1 Concerning: duration and renewal of permits (16); suspension, variation or

revocation of permit (17); domestic effluent consent conditions (19); trade or commercial
effluent consent conditions (20); and testing of effluents discharged under a permit (21).
temporary permit shall cease to have effect when the application is finally dealt with
by the Council under subclause (1) hereof.

5. ... (3) Sub-article (1) shall not apply to a licence application made before the 1st day
of October, 1978 in respect of:
(a) an existing discharge, or
(b) a discharge from a development for which a permission (other than outline
permission) or an approval consequent on an outline permission has been granted
under the Local Government (Planning and Development) Acts, 1963 and 1976
during the period of five years prior to the 1st day of October, 1978.
7. ... (2) A licence application for an existing discharge shall be accompanied by a

statement that it is such a discharge in addition to the information specified in sub-
article (1)1. ...
4. CONTROLLING POLLUTION THROUGH PERMITS

FOR THE ABSTRACTION AND USE OF WATER
Another approach to water pollution prevention and control is by factoring

in the water utilization permit process concern for the polluting impact of (a)
"return flows" - i.e. the waste water or effluent which results from a
permitted water utilization - on the water body into which the effluent is
discharged, and (b) well drilling, on the quality of groundwater formations.
This approach is evidenced in subsidiary legislation by a variety of
techniques. These include specific requirements as to the documentary
evidence to be submitted by applicants for a water utilization permit (I);
standard obligations applicable to all water utilization permit holders in
respect of the level and type of treatment required of the effluent resulting
from a permitted use (II); procedural and substantive prescriptions which
reflect specific concern for water pollution in the process of reviewing and
deciding on permit applications for the use of water (III and IV),
requirements to the effect that, in the formatting of water abstraction and
use permits, terms and conditions be entered with specific regard to water
pollution prevention and control (V and VI); and the grant of authority to
curtail a water abstraction and use permit in the specific case of disregard by
the permit holder of the permit's anti-pollution clauses (VII).
1 See sub-chapter 3.1 above, Step Two - Filing of applications, Supporting

documents and evidence, example III.
I - KENYA - Water (General) Rules

48. Whenever water is used, or proposed to be used, in any works or in any process
whatsoever which, in the opinion of the Water Apportionment Board, may cause
pollution or any of the things forbidden in rule 72 of these Rules, there shall be
submitted, when so required by the Water Apportionment Board, a plan showing:
(a) the proposed or existing works for the disposal or purification of the effluent;
(b) a detailed description or specification of the works, methods or processes
used or to be used in the purification of the effluent.
II - KENYA - Water (General) Rules

72. (1) The effluent from any works in which water is used in any process or for any
purpose shall be returned to the body of water from which it is diverted or abstracted,
or to such other body of water as may be authorized by the Water Apportionment
Board, in such a degree of purity as will satisfy the Board, and the effluent shall
contain no matter poisonous or otherwise likely to be injurious directly or indirectly
to public health, to livestock or to crops or to orchards or gardens irrigated with such
water, or to any product for which such water is used in any process whatsoever, and
it shall not contain a burden of silt, gravel or boulders in excess of that normally at
that time carried by the body of water from which it is diverted or abstracted.
(2) Any person the effluent from whose works does not comply with the provisions
of this rule shall be guilty of an offence.
73. (1) When water s used in ore washing, hydraulic mining or similar processes which
give rise to the harmful accumulation of silt, sand, stones or drift, efficient
precautions, to the satisfaction of the Water Apportionment Board, shall be taken by
the operator from time to time to keep such silt, sand, stones or drift from at any time
entering into any body of water or into any watercourse or from encroaching upon
any property other than that of the operator.
(2) Any operator who is aggrieved by the refusal of the Water Apportionment Board
to approve such precautions as satisfactory may appeal from such refusal to the Water
Resources Authority.
74. When water is used for the pulping, hulling or washing of coffee:
(a) the effluent shall be efficiently screened or separated in such manner that
no coffee berry or portion thereof shall be returned to any body of water or into any
watercourse, and the residue obtained by means of such screening or separation shall
daily be removed to such place as may be approved from time to time by the Water
Apportionment Board, so that there shall be no possibility of such residue at any time
being washed into or, from any cause whatsoever, entering into or upon any
watercourse or body of water; and, unless the contrary is specifically stated in the
licence, sanction or permit, the place to which such residue shall be removed shall not
be nearer to any obvious body of water or watercourse than fifty yards;
(b) the pulp separator or screen shall not be further away from the pulper
than 100 feet, unless the contrary is specifically endorsed on the licence, sanction or
permit;
(c) there shall be no surface flow or drainage from pulp dumps into any body
of water or watercourse;
(d) there shall be constructed along the channel conveying the water from the
pulp separator or screen to the body of water or watercourse several pits of such size
as to reduce the velocity of the water to enable any solid matter in it to settle, and the
sediment collected in such pits shall be removed daily to such place that there shall be
no possibility of the sediment at any time being washed into or, from any cause
whatsoever, entering into or upon any watercourse or body of water;
(e) the effluent from the first and second washings of the pulped coffee and
effluent from the main tank shall be diverted into seepage pits, and such seepage pits
shall be of sufficient capacity to deal with peak flow, and there shall be no direct flow
from the seepage pits into any body of water or watercourse:
Provided that nothing in this rule shall relieve the operator of the necessity of
complying with rule 72 of these Rules.
75. The Water Apportionment Board shall have authority to determine whether or
not any sawdust, tailings, gravel, refuse, sewage, effluent from any works or any other
material or substance of any kind being put, or proposed to be put, into any body of
water or watercourse is prejudicing or will prejudice the beneficial use for any purpose
of the water of such body of water or watercourse, or is impeding or interfering or
may impede or interfere, with the natural flow of any body of water, and the Board
may at any time and from time to time order any person not to put any such thing
into or adjacent to such body of water or watercourse, and further may order the
removal of any such matter from, or from any site adjacent to, any body of water or
watercourse, and any person who refuses to obey such order shall be guilty of an
offence.
III - PHILIPPINES - Water Rules and Regulations

4. All applications shall be filed in the prescribed form, sworn to by the applicant and
supported by the following:
... (B) For a Water Permit for Hydraulic Power Development and Industrial Purposes,
or for a Permit to Dump Mine Tailings or Wastes:
... 2) Brief description of project, including among others, how water will be used,
amount of water needed for purpose, power expected to be generated if applicable,
amount of water to be discharged back to the source and measures to be taken to
insure that such waters are not polluted, other relevant information; ...
9. (A) Investigation and Studies.
After seven (7) days from the first day of posting of notice at the office where the
application is filed, the office concerned shall determine:
... 5) Environmental effects; ..
10. ... (C). Investigation and Studies - Upon receipt of the report on drilling
operations, the investigating office shall consider the proposed withdrawal of ground
water in relation to the following:
... 5) Danger of contamination of aquifers, deterioration of water quality or salt water
intrusion; ...
11. The Council shall approve or disapprove applications for water permits, within
sixty (60) days after recept of recommendation of its deputized agent and other
agencies requested to comment, unless a longer period is needed for the disposition
of protests filed with the Council. In cases of application for industrial use or in cases
of such other use where waters may become polluted, the Council shall refer the
application to the National Pollution Control Commission for comment and
recommendation. If deemed necessary, the Council shall refer the application to other
agencies concerned as the case may be.
IV - TANZANIA - Water Utilization (General) Regulations, 1975

Form A - Application for Water Right - See Appendix I, page 283 (in particular, item
No. 5 on the Form).
V - PHILIPPINES - Water Rules and Regulations

13. Water Permits issued by the Council shall be subject to such terms, restrictions
and limitations as it may deem proper to impose, and to any, or all of the following
conditions:
... (f) The Council shall revoke or suspend the permit if the permittee violates
effluent/water quality standards as determined by the National Pollution Control
Commission. ...
(i) Any person in control of a well shall prevent water containing mineral or other
substances injurious to the health of humans or animals or to agriculture and
vegetation from flowing onto the surface of the land or into any surface or into
any other aquifer or porous stratum.
VI - MALAWI - Water Regulations, 1969

3. (1) The following covenants on the part of the grantee shall, unless otherwise
expressly stated therein, be implied in every grant:
... (c) not to discharge or allow to be discharged into the said river or stream:
(i) any water of less purity than or of a temperature sensibly differing from the
water in the said river or stream, or
(ii) any substance or matter which shall prejudicially affect the said river or
stream or any fish contained therein which shall be or cause a nuisance; ...
(2) For the purposes of this regulation "temperature sensibly differing" shall mean a
difference in temperature which can be appreciated by the senses without the use of a
thermometer.
4. The following conditions shall, unless expressly excluded therefrom be implied in

every grant:
... (b) the water used under a grant and returned to any stream or body of water shall
not be polluted with any matter derived from the course of the water to such an
extent as to be liable to cause injury or damage whether directly or indirectly to the
health of the public or to livestock animals, fish, crops, orchards or gardens by the use
of consumption of or irrigation by such water or to any project in the processing of
which such water is used; ...
VII - LESOTHO - Water Resources Regulations, 1980

2. The Water Officer appointed under section 5(4) shall
... (c) Where water is used in contravention of the provisions of the Water Resources
Act 1978 or where the user causes pollution, on the advice of the Minister, may
revoke the permit, order corrective action or initiate prosecution. He shall then serve
notice on the permit holder and offer him opportunity of being heard. ...
5. CONTROLLING WATER POLLUTION FROM "NON-

POINT" SOURCES, IN PARTICULAR THROUGH
ZONING
As already mentioned in the Introduction to this Chapter, zoning features in

the more recent legislation on water pollution control as the prime
mechanism to curb pollution from "non-point" sources - notably, the runoff
of cropland on which fertilizers and pesticides have been applied. Control of
land use in general and, in particular, control of agricultural practices features
prominently in the more recent legislation enacted in response, in particular,
to the threat posed to high-quality groundwater reserves by agricultural
runoff. The subsidiary legislation presented below has been enacted with a
view to curbing pollution of water resulting in particular from the runoff of
agricultural land on which nitrogen-rich fertilizer is employed, and it spells
out monitoring and action programme requirements.
UNITED KINGDOM - Protection of Water Against Agricultural Nitrate

Pollution (England and Wales) Regulations, 1996 (2002)
3. Nitrate vulnerable zones
(1) In these Regulations, "nitrate vulnerable zone" means any of the areas referred to
in Schedule 11 …, being all known areas of land in England and Wales which drain
into and contribute to pollution of the waters which the relevant Minister has
identified, in accordance with the criteria set out in Schedule 2, as waters affected by
pollution and waters which could be affected by pollution if action pursuant to
regulation 6 were not taken.
(2) The relevant Minister shall, by 19th December 2005 and at least every four years
thereafter, review and if necessary revise or add to the designation of nitrate
vulnerable zones to take into account changes and factors unforeseen at the time of
the previous designation.
4. Monitoring
(1) For the purpose of the designation and revision of designations of nitrate
vulnerable zones, the Agency:
1 Omitted.
(a) subject to paragraph (2) below, shall have monitored by 19th December 1997
and at least every four years thereafter shall monitor the nitrate concentration in
freshwaters over a period of one year:
(i) at surface water sampling stations laid down in Article 5(4) of Directive
75/440/ EEC or at other sampling stations which are representative of
surface waters in England and Wales, or at both, at least monthly and more
frequently during flood periods; and
(ii) at sampling stations which are representative of the groundwater aquifers
in England and Wales, at regular intervals and taking into account the
provisions of Directive 80/778/ EEC; and
(b) shall review the eutrophic state of fresh surface waters, estuarial and coastal
waters by 19th December 1997 and every four years thereafter.
(2) Where the nitrate concentration in all previous samples taken in pursuance of the
Directive at any sampling station has been below 25 mg/l and no new factor likely to
increase the nitrate content has appeared, paragraph (1)(a) above shall have effect in
relation to that sampling station as if the reference to 1997 and the reference to four
years were references to 2001 and eight years respectively.
(3) Monitoring under this regulation shall be carried out using the reference methods
of measurement set out in Schedule 3.
6. Action programmes
(1) The relevant Minister shall, for the purpose of achieving the Objectives, by
regulations under section 2(2) of the European Communities Act 1972, make
provision establishing action programmes in respect of nitrate vulnerable zones.
(2) An action programme may relate to more than one nitrate vulnerable zone, and
different action programmes may be established in respect of different nitrate
vulnerable zones or parts of zones.
(3) An action programme in respect of a nitrate vulnerable zone shall be established:
(a) in the case of a nitrate vulnerable zone referred to in regulation 3(1), as soon as
practicable; and
(b) in the case of a nitrate vulnerable zone designated in accordance with regulation
3(2), not later than one year after the designation of that zone.
(4) An action programme shall be implemented:
(a) in a case falling within paragraph (3)(a) above, by 19th December 1999;
(b) in any other case, within four years of its establishment.
(5) The relevant Minister shall draw up and implement suitable monitoring
programmes to assess the effectiveness of action programmes.
(6) The relevant Minister shall, at least every four years, review and if necessary revise
the action programmes, including any additional measures taken pursuant to
regulation 7(2).
7. Contents of action programmes

(1) An action programme shall include:
(a) the provisions described in Schedule 4; and
(b) provisions embodying the measures contained in paragraphs 284 to 295 of the
Water Code Revised 1998 published by the Ministry of Agriculture, Fisheries and
Food in 1998, other than such provisions as have been superseded by the provisions
described in Schedule 4.
(2) Action programmes shall also contain such additional requirements, restrictions
and prohibitions as the relevant Minister considers necessary if, at the outset or in the
light of experience gained in implementing the programmes, it becomes apparent to
him that the provisions referred to in paragraph (1) above will not be sufficient for
achieving the Objectives.
(3) In determining the provisions of an action programme, the relevant Minister shall
take into account:
(a) available scientific and technical data, mainly with reference to respective nitrogen
contributions originating from agricultural and other sources;
(b) environmental conditions in the relevant regions.
(4) In selecting the additional provisions referred to in paragraph (2) above, the
relevant Minister shall take into account the effectiveness and cost of such provisions
relative to other possible preventive provisions.
Schedule 2 – Criteria for identifying waters referred to in Regulation 3(1)

1. Waters referred to in regulation 3(1) shall be identified making use, inter alia, of the
following criteria:
(a) whether surface freshwaters, in particular those used or intended for the
abstraction of drinking water, contain or could contain, if action pursuant to
regulation 6 is not taken, more than the concentration of nitrates laid down in
accordance with Directive 75/440/EEC;
(b) whether groundwaters contain more than 50 mg/l nitrates or could contain more
than 50 mg/l nitrates if action pursuant to regulation 6 is not taken;
(c) whether natural freshwater lakes, other freshwater bodies, estuaries, coastal waters
and marine waters are found to be eutrophic or in the near future may become
eutrophic if action pursuant to regulation 6 is not taken.
2. In applying these criteria, the relevant Minister shall also take account of:
(a) the physical and environmental characteristics of the waters and land;
(b) the current understanding of the behaviour of nitrogen compounds in the
environment (water and soil);
(c) the current understanding of the impact of the action to be taken pursuant to
regulation 6.
Schedule 3 – Reference methods of measurement (Regulation 4)

Chemical fertiliser
Nitrogen compounds shall be measured using the method described in Commission
Directive 77/535/EEC of 22nd June 1977 on the approximation of the laws of the
Member States relating to methods of sampling and analysis for fertilisers (a), as
amended by Directive 89/519/EEC.
Freshwaters, coastal waters and marine waters

Nitrate concentration shall be measured in accordance with Article 4a(3) of Council
Decision 77/795/EEC of 12th December 1977 establishing a common procedure for
the exchange of information on the quality of surface fresh water in the Community,
as amended by Decision 86/574/EEC.
Schedule 4 - Provisions to be included in action programmes (Regulation 7)

1. The provisions of an action programme shall include rules relating to –
(1) periods when the land application of certain types of fertiliser is prohibited;
(2) the capacity of storage vessels for livestock manure; this capacity must exceed that
required for storage throughout the longest period during which land application in
the nitrate vulnerable zone is prohibited, except where it can be demonstrated to the
authority designated for the purpose in the regulations establishing the programme
that any quantity of manure in excess of the actual storage capacity will be disposed of
in a manner which will not cause harm to the environment;
(3) limitation of the land application of fertilisers, consistent with good agricultural
practice and taking into account the characteristics of the nitrate vulnerable zone
concerned, in particular –
(a) soil conditions, soil type and slope;
(b) climatic conditions, rainfall and irrigation;
(c) land use and agricultural practices, including crop rotation systems;
and to be based on a balance between –
(i) the foreseeable nitrogen requirements of the crops, and
(ii) the nitrogen supply to the crops from the soil and from fertilisation
corresponding to –
- the amount of nitrogen present in the soil at the moment when the crop starts
to use it to a significant degree (outstanding amounts at the end of winter),
- the supply of nitrogen through the net mineralisation of the reserves of
organic nitrogen in the soil,
- additions of nitrogen compounds from livestock manure,
- additions of nitrogen compounds from chemical and other fertilisers.
2. These provisions shall ensure that, for each farm or livestock unit, the amount of
livestock manure applied to the land each year, including by the animals themselves,
shall not exceed a specified amount per hectare.
The specified amount per hectare shall be the amount of manure containing 170 kg
N. However :
(a) for the first four year action programme an amount of manure containing up to
210 kg N may be allowed;
(b) during and after the first four year action programme, different amounts from
those referred to above may be fixed. These amounts must be fixed so as not to
prejudice the achievement of the Objectives and must be justified on the basis of
objective criteria, for example:
- long growing seasons,
- crops with high nitrogen uptake,
- high net precipitation in the nitrate vulnerable zone,
- soils with exceptionally high denitrification capacity.
3. The amounts referred to in paragraph 2 above may be calculated on the basis of
animal numbers.
6. PREVENTING WATER POLLUTION THROUGH
PRECAUTIONARY PRESCRIPTIONS
As evidenced in recent legislation on the subject, controlling pollution of

water resources of the "diffuse" type originating from "point" sources tends
to be approached by emphasizing prevention under the guise of the
prescription of precautionary measures which certain land-based activities
must take. In the first example given below, subordinate legislation spells out
the nature and kind of such measures - generally consisting of standard
design and operating requirements in respect of regulated structures and
activities -, the kind of activities subject to such measures, a time frame for
compliance, and exemptions from the prescribed requirements (I). The
second example concerns precautionary measures to be taken in the conduct
of mining and related activities (II).
I - UNITED KINGDOM - The Control of Pollution (Silage, Slurry and

Agricultural Fuel Oil) Regulations, 1991
1. These Regulations may be cited as the Control of Pollution (Silage, Slurry and
Agricultural Fuel Oil) Regulations and shall come into force on 1st September 1991.
2. In these Regulations, unless the context otherwise requires:

"construct" includes install and cognate expressions shall be construed accordingly;
"fuel oil" means oil intended for use as a fuel for the production of heat or power but
does not include oil intended for use exclusively as a fuel for heating a farmhouse
or other residential premises on a farm and stored separately from other oil;
"livestock" means:
(a) any animals kept for the production of food or wool; or
(b) any birds kept for the production of food;
"reception pit" means a pit used for the collection of slurry before it is transferred
into a slurry storage tank or for the collection of slurry discharged from such a
tank;
"relevant substance" means slurry, fuel oil or, as the case may be, the crop being made
into silage;
"slurry" means:
(a) excreta produced by livestock whilst in a yard or building; or
(b) a mixture consisting wholly or mainly of such excreta, bedding rainwater and
washings from a building or yard used by livestock or any combination of these,
of a consistency that allows it to be pumped or discharged by gravity at any stage
in the handling process;
"slurry storage system" means:
(a) a slurry storage tank;
(b) any reception pit and any effluent tank used in connection with the slurry
storage tank; and
(c) any channels and pipes used in connection with the slurry storage tank, any
reception pit or any effluent tank; and
"slurry storage tank" includes a lagoon, pit (other than a reception pit) or tower used
for the storage of slurry.
3. (1) Subject to regulation 7 below, no person shall have custody or control of any
crop which is being made into silage unless:
(a) it is kept in a silo in relation to which the requirements of Schedule 1 are
satisfied or which is an exempt structure by virtue of regulation 6 below; or
(b) it is compressed in the form of bales which are wrapped and sealed within
impermeable membranes (or are enclosed in impermeable bags) and are stored at
least 10 metres from any inland or coastal waters which effluent escaping from
the bales could enter.
(2) No person having custody or control of any crop which is being, or has been,
made into silage in the manner described in paragraph (1)(b) above shall open or
remove the wrapping of any bales unless he does so at a place at least 10 metres from
any inland or coastal waters which silage effluent could enter as a result.
4. (1) Subject to paragraph (2) below, a person having custody or control of slurry
shall store it only in a slurry storage system in relation to which the requirements of
Schedule 2 are satisfied or which is an exempt structure by virtue of regulation 6
below.
(2) Paragraph (1) above shall not apply to slurry whilst it is stored temporarily in a
tanker with a capacity not exceeding 18 000 litres which is used for transporting slurry
on roads or about a farm.
5. (1) Subject to paragraph (2) below, no person shall have custody or control of fuel
oil on a farm unless it is stored:
(a) in a fuel storage tank within a storage area in relation to which the
requirements of Schedule 3 are satisfied;
(b) in drums within such a storage area;
(c) temporarily in a tanker used for transporting fuel oil on roads or about the
farm;
(d) in a fuel storage tank which is an exempt structure by virtue of regulation 6
below; or
(e) in an underground fuel storage tank.
(2) Paragraph (1) above shall not apply if the total quantity of fuel stored on the farm
does not exceed 1 500 litres.
6. A silo, slurry storage system or fuel storage tank is for the time being an exempt
structure if:
(a) it was used before 1st March 1991 for the purpose of making silage, storing
slurry or, as the case may be, storing fuel oil;
(b) where it was not used before 1st March 1991 for that purpose, it was
constructed before that date for such use; or
(c) a contract for its construction was entered into before 1st March 1991 or its
construction was commenced before that date and in either case was completed
before 1st September 1991,

and it has not ceased to be an exempt structure by virtue of regulation 8(1) below.
7. (1) Subject to the following provisions of this regulation and regulation 8(2) below,
regulation 3 above shall not apply where a person makes silage on a farm:
(a) unless he has given notice to the Authority before 1st September 1991 of his
intention to do so and he keeps any crop which is being made into silage in a
place at least 10 metres from any inland or coastal waters which silage effluent
could enter if it were to escape;
(b) on or after 1st September 1996.
8. (1) A structure which is an exempt structure by virtue of regulation 6 above shall

cease to be an exempt structure if:
(a) any requirement of a notice under regulation 9 below is not complied with
within the period stated in the notice; or
(b) at any time on or after 1st March 1991 it is substantially enlarged or
substantially reconstructed unless a contract for the work was entered into or the
work was commenced before that date and in either case the work was
completed before 1st September 1991.
(2) The exemption conferred by regulation 7 above shall cease if any requirement of a
notice under regulation 9 below is not complied with within the period stated in the
notice.
(3) Any reference in paragraphs (1) and (2) above to the period stated in a notice is to
that period as extended if it has been extended under regulation 9(4) below or by
virtue of regulation 10(5) below; and any reference in those paragraphs to a
requirement of a notice is to that requirement as modified if it has been modified
under regulation 9(4) below.
9. (1) Where the Authority is satisfied that there is a significant risk of pollution of
controlled waters as a result of:
(a) the use of an exempt structure mentioned in regulation 6 above for storage of
a relevant substance; or
(b) the making of silage in circumstances in which the exemption conferred by
regulation 7 above applies,
it may serve notice on the person having custody or control of the relevant substance
requiring him to carry out such works and to take such precautions and other steps as
it considers appropriate, having regard to the requirements of Schedule 1, Schedule 2
or, as the case may be, Schedule 3, for reducing that risk to a minimum.
(2) The notice shall specify or describe the works, precautions or other steps which
the person is required to carry out or take, state the period within which any such
requirement is to be complied with and inform him of the effect in relation to the
notice of regulation 10 below.
(3) The period for compliance stated in the notice shall be such period as is
reasonable in the circumstances and shall not in any case be less than 28 days.
(4) The Authority may at any time:
(a) withdraw the notice;
(b) extend the period for compliance with any requirement of the notice;
(c) with the consent of the person on whom the notice is served, modify the
requirements of the notice,
and shall do so if so directed by the Secretary of State under regulation 10(4) below.
10. (1) A person served with a notice under regulation 9 above may within the period
of 28 days beginning with the day on which that notice is served (or within such
longer period as the Secretary of State may allow) appeal to the Secretary of State
against the notice.
(2) An appeal under this regulation shall be made by the appellant serving notice on
the Secretary of State and the notice shall contain or be accompanied by a statement
of the grounds of appeal.
(3) Before determining an appeal under this regulation the Secretary of State shall, if
requested to do so by the appellant or the Authority, afford them an opportunity of
appearing before and being heard by a person appointed by the Secretary of State for
the purpose.
(4) On determining an appeal under this regulation the Secretary of State shall have
power to direct the Authority to withdraw the notice under regulation 9 above, to
modify any of its requirements, to extend the period for compliance with any
requirement or to dismiss the appeal.
(5) The period for compliance with a notice under regulation 9 above shall, subject to
any direction under paragraph (4) above, be extended by a period equal to the period
beginning with the date on which notice of appeal is served and ending on the date on
which the Secretary of State finally determines the appeal or, if the appeal is
withdrawn, the date on which it is withdrawn.
11. A person who proposes to have custody or control of any relevant substance
which is to be kept or stored on a farm in a silo, slurry storage system or, as the case
may be, fuel storage area constructed, substantially enlarged or substantially
reconstructed on or after 1st September 1991 shall serve notice on the Authority
specifying the type of structure to be used and its location at least 14 days before it is
to be used for such keeping or storage.
12. (1) A person who contravenes regulation 3(1) or (2), 4(1) or 5(1) above shall be
guilty of an offence and liable:
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(2) A person who contravenes regulation 11 above shall be guilty of an offence and
liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Schedule 1 - Requirements for Silos [Regulation 3(1)(a)]

1. The requirements which have to be satisfied in relation to a silo are that:
(a) it complies with the following provisions of this Schedule; or
(b) it is designed and constructed in accordance with the standard on cylindrical
forage tower silos published by the British Standards Institution and numbered
BS 5061:1974.
2. The base of the silo shall extend beyond any walls of the silo and shall be provided
at its perimeter with channels designed and constructed so as to collect any silage
effluent which may escape from the silo and adequate provision shall be made for the
drainage of that effluent from those channels to an effluent tank through a channel or
pipe.
3. The capacity of the effluent tank:

(a) in the case of a silo with a capacity of less than 1500 cubic metres, shall be not
less than 20 litres for each cubic metre of silo capacity; and
(b) in the case of a silo with a capacity of 1500 cubic metres or more, shall be not
less than 30 cubic metres plus 6-7 litres for each cubic metre of silo capacity in
excess of 1500 cubic metres.
4. The base of the silo, the base and walls of its effluent tank and channels and the
walls of any pipes shall be impermeable.
5. The base and any walls of the silo, its effluent tank and channels and the walls of
any pipes shall, so far as reasonably practicable, be resistant to attack by silage
effluent.
6. No part of the silo, its effluent tank or channels or any pipes shall be situated
within 10 metres of any inland or coastal waters which silage effluent could enter if it
were to escape.
7. If the silo has retaining walls:

(a) the retaining walls shall be capable of withstanding minimum wall loadings
calculated on the assumptions and in the manner indicated by paragraphs 13.9.1
to 13.9.9 of the code of practice on buildings and structures for agriculture published
by the British Standards Institution and numbered BS 5505: Part 22: 1987;
(b) the silo shall at no time be loaded to a depth exceeding the maximum depth
consistent with the design assumption made in respect of the loadings of the
retaining walls; and
(c) notices shall be displayed on the retaining walls in accordance with paragraph
13.9.9 of that code of practice.
8. Subject to paragraph 9 below, the silo, its effluent tank and channels and any pipes
shall be designed and constructed so that with proper maintenance they are likely to
satisfy the requirements of paragraphs 2 to 5 and, if applicable, 7(a) above for a period
of at least 20 years.
9. Where any part of an effluent tank is installed below ground level, the tank shall be
designed and constructed so that without maintenance it is likely to satisfy the
requirements of paragraphs 4 and 5 above for a period of at least 20 years.
Schedule 2 - Requirements for Slurry Storage Systems [Regulation 4(1)]

1. The requirements which have to be satisfied in relation to a slurry storage system
are as follows.
2. The base of the slurry storage tank, the base and walls of any effluent tank,
channels and reception pit and the walls of any pipes shall be impermeable.
3. The base and walls of the slurry storage tank, any effluent tank, channels and
reception pit and the walls of any pipes shall be protected against corrosion in
accordance with paragraph 7.2 of the code of practice on buildings and structures for
agriculture published by the British Standards Institution and numbered BS 5502: Part
50: 1989.
4. The base and walls of the slurry storage tank and of any reception pit shall be
capable of withstanding characteristic loads calculated on the assumptions and in the
manner indicated by paragraph 5 of that code of practice.
5. (1) Any facilities used for the temporary storage of slurry before it is transferred to
a slurry storage tank shall have adequate capacity to store the maximum quantity of
slurry which (disregarding any slurry which will be transferred directly into a slurry
storage tank) is likely to be produced on the premises in any two day period.
(2) where slurry flows into a channel before discharging into a reception pit and the
flow of slurry out of the channel is controlled by means of a sluice, the capacity of the
reception pit shall be adequate to store the maximum quantity of slurry which can be
released by opening the sluice.
6. (1) Subject to sub-paragraph (2) below, the slurry storage tank shall have adequate
storage capacity for the likely quantities of slurry produced from time to time on the
premises in question having regard to:
(a) the proposed method of disposal of the slurry (including the likely rates and times
of disposal); and
(b) the matters mentioned in sub-paragraph (3) below.
(2) Where it is proposed to dispose of the slurry on the premises by spreading it on
the land nothing in sub-paragraph (1) above shall require the tank to have a greater
storage capacity than is adequate, having regard to the matters mentioned in sub-
paragraph (3) below, to store the maximum quantity of slurry which is likely to be
produced in any continuous four month period.
(3) The matters to which regard is to be had under sub-paragraphs (1) and (2) above
are:
(a) the storage capacity of any other slurry storage tank on the premises in question;
(b) the likely quantities of rainfall (including any fall of snow, hail or sleet) which may
fall or drain into the slurry storage tank during the likely maximum storage period;
and
(c) the need to make provision for not less than 750 millimetres of freeboard in the
case of a tank with walls made of earth and 300 millimetres of freeboard in all other
cases;
7. No part of the slurry storage tank or any effluent tank, channels or reception pit
shall be situated within 10 metres of any inland or coastal waters which slurry could
enter if it were to escape.
8. The slurry storage tank and any effluent tank, channels, pipes and reception pit
shall be designed and constructed so that with proper maintenance they are likely to
satisfy the requirements of paragraphs 2 to 4 above for a period of at least 20 years.
9. Where the walls of the slurry storage tank are not impermeable, the base of the tank
shall extend beyond its walls and shall be provided with channels designed and
constructed so as to collect any slurry which may escape from the tank and adequate
provision shall be made for the drainage of the slurry from those channels to an
effluent tank through a channel or pipe.
10. (1) Subject to sub-paragraph (2) below, where the slurry storage tank, any effluent
tank or reception pit is fitted with a drainage pipe there shall be two valves in series
on the pipe and each valve shall be capable of shutting off the flow of slurry through
the pipe and shall be kept shut and locked in that position when not in use.
(2) Sub-paragraph (1) above does not apply in relation to a slurry storage tank which
drains through the pipe into another slurry storage tank of equal or greater capacity or
where the tops of the tanks are at the same level.
11. In the case of a slurry storage tank with walls which are made of earth the tank
shall not be filled to a level which allows less than 750 millimetres of freeboard.
Schedule 3 - Requirements for Fuel Oil Storage Areas [Regulation 5(1)(a)]

1. The requirements which have to be satisfied in relation to a fuel oil storage area are
as follows.
2. The fuel storage area shall be surrounded by a bund capable of retaining within the
area:
(a) in a case where there is only one fuel storage tank within the fuel storage area
and fuel oil is not otherwise stored there, a volume of fuel oil not less than 110
per cent of the capacity of the tank;
(b) in a case where there is more than one fuel storage tank within the fuel
storage area and fuel oil is not otherwise stored there, a volume of fuel oil not
less than whichever is the greater of:
(i) 110 per cent of the capacity of the largest tank within the storage area; and
(ii) 25 per cent of the total volume of such oil which could be stored in the
tanks within the area;
(c) in a case where there is no fuel storage tank within the fuel storage area, a
volume of fuel oil not less than 25 percent of the total of such oil at any time
stored within the area;
(d) in any other case, a volume of fuel oil not less than any of the following:
(i) 110 percent of the capacity of the fuel storage tank, or as the case may be,
of the largest tank within the fuel storage area;
(ii) where there is more than one fuel storage tank within the fuel storage area,
25 per cent of the total volume of such oil which could be stored in the tanks
within the area;
(iii) 25 per cent of the total volume of such oil at any time stored within the
area.
3. The bund and the base of the storage tank shall be impermeable and shall be
designed and constructed so that with proper maintenance they are likely to remain so
for a period of at least 20 years.
4. Every part of any fuel tank shall be within the bund.
5. Any tap or valve permanently fixed to the tank through which fuel oil can be
discharged to the open shall also be within the bund, shall be so arranged as to
discharge vertically downwards and shall be shut and locked in that position when not
in use.
6. Where fuel from the tank is delivered through a flexible pipe which is permanently
attached to the tank:
(a) it shall be fitted with a tap or valve at its end which closes automatically when
not in use; and
(b) it shall be locked in a way which ensures that it is kept within the bund when
not in use.
7. No part of the fuel storage area or the bund enclosing it shall be situated within 10
metres of any inland or coastal waters which fuel oil could enter if it were to escape.
II - SOUTH AFRICA - Regulations on Use of Water for Mining and Related

Activities aimed at the Protection of Water Resources, 1999
6. Capacity requirements of clean and dirty water systems
Every person in control of a mine or activity must--
a) confine any unpolluted water to a clean water system, away from any dirty
area;
b) design, construct, maintain and operate any clean water system at the mine
or activity so that it is not likely to spill into any dirty water system more than once in
50 years;
c) collect the water arising within any dirty area, including water seeping from
mining operations, outcrops or any other activity, into a dirty water system;
d) design, construct, maintain and operate any dirty water system at the mine
or activity so that it is not likely to spill into any clean water system more than once in
50 years;
e) design, construct, maintain and operate any dam or tailings dam that forms
part of a dirty water system to have a minimum freeboard of 0.8 metres above full
supply level, unless otherwise specified in terms of Chapter 12 of the Act; and
f) design, construct and maintain all water systems in such a manner as to
guarantee the serviceability of such conveyances for flows up to and including those
arising as a result of the maximum flood with an average period of recurrence of once
in 50 years.
7. Protection of water resources

Every person in control of a mine or activity must take reasonable measures to –
a) prevent water containing waste or any substance which causes or is likely to
cause pollution of a water resource from entering any water resource, either by natural
flow or by seepage, and must retain or collect such substance or water containing
waste for use, re-use, evaporation or for purification and disposal in terms of the Act;
b) design, modify, locate, construct and maintain all water systems, including
residue deposits, in any area so as to prevent the pollution of any water resource
through the operation or use thereof and to restrict the possibility of damage to the
riparian or in-stream habitat through erosion or sedimentation, or the disturbance of
vegetation, or the alteration of flow characteristics;
c) cause effective measures to be taken to minimise the flow of any surface
water or floodwater into mine workings, open-cast workings, other workings or
subterranean caverns, through cracked or fissured formations, subsided ground,
sinkholes, outcrop excavations, adits, entrances or any other openings;
d) design, modify, construct, maintain and use any dam or any residue deposit
or stockpile used for the disposal or storage of mineral tailings, slimes, ash or other
hydraulic transported substances, so that the water or waste therein, or falling therein,
will not result in the failure thereof or impair the stability thereof;
e) prevent the erosion or leaching of materials from any residue deposit or
stockpile from any area and contain material or substances so eroded or leached in
such area by providing suitable barrier dams, evaporation dams or any other effective
measures to prevent this material or substance from entering and polluting any water
resources;
f) ensure that water used in any process at a mine or activity is recycled as far
as practicable, and any facility, sump, pumping installation, catchment dam or other
impoundment used for recycling water, is of adequate design and capacity to prevent
the spillage, seepage or release of water containing waste at any time;
g) at all times keep any water system free from any matter or obstruction
which may affect the efficiency thereof; and
h) cause all domestic waste, including wash-water, which cannot be disposed
of in a municipal sewage system, to be disposed of in terms of a licence under the
Act.
8. Security measures
Every person in control of a mine or activity must--
a) cause any impoundment or dam containing any poisonous, toxic or
injurious substance to be effectively fenced-off so as to restrict access thereto, and
must erect warning notice boards at prominent locations so as to warn persons of the
hazardous contents thereof;
b) ensure access control in any area used for the stockpiling or disposal of any
residue or substance which causes, has caused or is likely to cause pollution of a water
resource so as to protect any measures taken in terms of these regulations;
c) not allow the area contemplated in paragraph (a) and (b) to be used for any
other purpose, if such use causes or is likely to cause pollution of a water resource;
and
d) protect any existing pollution control measures or replace any existing
pollution control measures deleteriously affected, damaged or destroyed by the
removing or reclaiming of materials from any residue deposit or stockpile, and
establish additional measures for the prevention of pollution of a water resource
which might occur, is occurring or has occurred as a result of such operations.
9. Temporary or permanent cessation of mine or activity

1) Any person in control of a mine or activity must at either temporary or permanent
cessation of operations ensure that all pollution control measures have been designed,
modified, constructed and maintained so as to comply with these regulations.
2) Any person in control of a mine or activity must ensure that the instream and
riparian habitat of any water resource, which may have been affected or altered by a
mine or activity, is remedied so as to comply with these regulations.
3) On either temporary or permanent cessation of a mine or activity the Minister may
request a copy of any surface or underground plans as required in terms of the
Minerals Act, 1991.
12. Technical investigation and monitoring

1) The Minister may, after consultation with the Department of Minerals and Energy
and the Department of Environmental Affairs and Tourism, in writing require any
person in control of a mine or activity to arrange for a technical investigation or
inspection, which may include an independent review, to be conducted on any aspect
aimed at preventing pollution of a water resource or damage to the instream or
riparian habitat connected with or incidental to the operation or any part of the
operation of a mine or activity.
2) Such investigation must be conducted and a report thereon compiled in the
manner and within the time period that the Minister may specify.
3) The person in control of the mine or activity must inform the Minister as to the
expertise and qualifications of the persons who are to conduct an investigation, audit
or inspection contemplated in sub-regulation (1) before the commencement thereof.
4) The Minister may in writing require any person in control of a mine or activity to
submit a programme of implementation to prevent or rectify any pollution of a water
resource or damage to the instream or riparian habitat as recommended by the
investigation contemplated in sub-regulation (1) within the time period that the
Minister may specify.
5) The Minister may in writing direct any person in control of a mine or activity to
implement a compliance monitoring network, to monitor the programme of
implementation contemplated in sub-regulation (4), through establishing, operating
and maintaining monitoring installations of a type, at the locations and in the manner
specified by the Minister and to submit the monitoring information and results to the
Minister for evaluation.
6) Subject to Chapter 4 of the Act, any person in control of a mine or activity must
submit plans, specifications and design reports approved by a professional engineer to
the Minister, not later than 60 days prior to commencement of activities relating to-
a) the construction of any surface dam for the purpose of impounding waste,
water containing waste or slurry, so as to prevent the pollution of a water resource;
b) the implementation of any pollution control measures at any residue
deposit or stockpile, so as to prevent the pollution of a water resource; and
c) the implementation of any water control measures at any residue deposit or
stockpile, so as to prevent the pollution of a water resource.
7. OTHER COMPLEMENTARY WATER POLLUTION
CONTROL MECHANISMS
Waste discharge prohibitions, waste discharge permit requirements, and
wastewater discharge requirements built in water utilization permits can be
complementary to, or complemented by, other water pollution control
mechanisms. The following such complementary mechanisms can be the
subject of subsidiary legislation:
7.1 Water Quality Management Planning
Subsidiary legislation provides procedural requirements for the

implementation of water quality management planning mechanisms provided
for by principal legislation. Requirements in the example below are aimed at
providing opportunities for public review and comment on plans being
formed, and public information of plans which have been made.
IRELAND - Local Government (Water Pollution) Regulations, 1978

39. In this Part:
"plan" means a water quality management plan under section 15.
40. (1) Where a local authority proposes to make, revise or replace a plan it shall
publish notice of such intention in at least one newspaper circulating in its functional
area.
(2) A notice under sub-article (1) shall indicate:
(a) the waters to which the plan relates,
(b) that a copy of the plan may be inspected at a stated place and at stated times
during a stated period of not less than three months (and the copy shall be kept
available for inspection accordingly),
(c) that any person may make written representations relating to the plan to the local
authority within the period stated under paragraph (b), and
(d) in the case of a plan to be made, revised or replaced jointly by two or more local
authorities, that the plan is to be so made, revised or replaced and the local authorities
concerned.
41. (1) Where a local authority makes, revises or replaces a plan, it shall publish notice
to this effect in at least one newspaper circulating in its functional area.
(2) A notice under sub-article (1) shall state that a copy of the plan is available for
inspection at a stated place and at stated times.
(3) Where the plan has been made, revised or replaced jointly by two or more local
authorities the notice under sub-article (1) shall indicate that the plan has been so
made, revised or replaced and shall specify those local authorities.
42. Where application is made to a local authority for a copy of a plan or part thereof,
the local authority shall issue a copy to the applicant on payment by him to the local
authority of a sum which shall not exceed the reasonable cost of making the copy.
7.2 Inventory of Pollution
Inventories of the nature and extent of pollution, and of its causes can be
viewed as a pre-requisite to a pollution control programme, and as the first
step in water quality management planning. The example below clarifies the
scope of the inventories and who can initiate an inventory. In addition, it
conveys to the responsible government officials the powers which are
needed for the necessary field investigations, most notably, the power to
enter private property and take samples and inspect records. In this
connection, it further clarifies the extent of the government's liability for
damage resulting from the exercise of the said powers.
NEW ZEALAND - Waters Pollution Regulations, 1963

3. (1) The Council may from time to time carry out investigations for the purpose of
ascertaining:
(a) The extent of the pollution of waters in any locality;
(b) The cause of any such pollution;
(c) The number of outfalls from which pollutants are discharged into the waters;
(d) The persons or authorities by which any such outfalls are controlled;
(e) The type and amount of pollutants being discharged from each such outfall;
(f) The uses for the time being made or likely in the future to be made of the
waters;
(g) The extent to which any pollution found to exist should, in the circumstances,
be controlled or mitigated;
(h)Any other information necessary for the purposes of these regulations.
(2) Any such investigation may be carried out at the request of any person or
authority having an interest in the mitigation of pollution of the waters affected or the
Council may decide to carry out an investigation on its own motion.
(3) Investigations shall be carried out in such order of priority as the Council thinks fit.
4. (1) For the purpose of carrying out any investigation under these regulations the
Council, or any person authorised specially or generally in that behalf in writing by the
Council, may make surveys, investigations, tests, and measurements in respect of
waters pollution, and for that purpose may:
(a) Enter and re-enter from time to time upon any land to which the authority
relates with such assistants, gear, appliances, and equipment as may be necessary;
(b) Require any person to furnish such information and returns in respect of the
pollution of waters as may be considered necessary;
(c) Take samples of waters;
(d) Generally do all things necessary in respect of any such survey, investigation,
test, or measurement.
(2) Where practicable, reasonable notice of the intention to enter upon any land
owned by another person shall be given to the owner and occupier thereof.
(3) Every person who is authorised in writing as aforesaid shall produce his authority
when so required by the owner or occupier of any land on which he intends to enter
or has entered.
(4) Every person having any estate or interest in land injuriously affected and every
person suffering any damage whatever from the exercise of any power under this
regulation shall be entitled to full compensation from the Council. Any such
compensation may be claimed and may be determined in the manner provided by the
Public Works Act 1928.
7.3 Standards of Water Quality ("Ambient" Water Quality Standards)
Ambient water quality standards or objectives are generally fixed in relation

to different categories of water. In the examples below, subsidiary legislation
provides the procedure and criteria for the classification of waters (I), and
for the establishment of water quality standards (II).
I - UNITED KINGDOM - The Surface Waters (River Ecosystem)

(Classification) Regulations, 1994
2. Classification of waters
(1) A system employing the classifications RE1, RE2, RE3, RE4 and RE5 is
prescribed as a system of classification applying to inland freshwaters which are
relevant rivers or watercourses.
(2) The criteria for each of the classifications RE1 to RE5 are that the following
requirements are satisfied by a series of samples of water taken and analysed in
accordance with regulation 3, that is to say—
(a) the 10 percentile of the saturation of dissolved oxygen shall not be less than
the value specified in respect of that classification in column (2);
(b) the 90 percentile of the biochemical oxygen demand shall not exceed the
value specified in respect of that classification in column (3);
(c) the 90 percentile of the concentration of total ammonia shall not exceed the
value specified in respect of that classification in column (4);
(d) the 95 percentile of the concentration of un-ionised ammonia shall not exceed
the value, if any, specified in respect of that classification in column (5);
(e) the 5 percentile of the pH value shall not be less than the lower value, if any,
specified in respect of that classification in column (6), and the 95 percentile of
the pH value shall not exceed the higher value, if any, so specified;
(f) the 95 percentile of the concentration of dissolved copper shall not exceed the
value, if any, which is specified in respect of that classification in column (8) by
reference to the hardness of the water as described in column (7); and
(g) the 95 percentile of the concentration of total zinc shall not exceed the value,
if any, which is specified in respect of that classification in column (9) by
reference to the hardness of the water as described in column (7).
3. Sampling, analysis and compliance

The following matters, that is to say—
(a) the frequency, location and methods of sampling;
(b) the samples to be used, or to be disregarded, for the purpose of assessing
whether any requirement specified in regulation 2(2) is satisfied;
(c) the requirements for analysis of samples; and
(d) the methods of determining percentile values,
shall be determined by the National Rivers Authority in accordance with the
procedures, and by reference to the principles, set out in the document dated 30th
March 1994 and entitled "Water Quality Objectives: Procedures used by the National
Rivers Authority for the purpose of the Surface Waters (River Ecosystem)
(Classification) Regulations 1994".
Schedule - River ecosystem classifications (Omitted) …

Explanatory Note (This note is not part of the Regulations)
These Regulations prescribe a system of classifying the general quality of inland
freshwaters which are relevant rivers or watercourses (as defined in section 104 of the
Water Resources Act 1991 ("the Act")). The system, which consists of five classes
ranging in order of decreasing quality from RE1 to RE5, will be used for establishing
quality objectives under section 83 of the Act. …
II - UNITED STATES OF AMERICA - Code of Federal Regulations - Title
40, Protection of Environment
PART 131 -- Water Quality Standards
Subpart A -- General Provisions
§131.1 Scope.
This part describes the requirements and procedures for developing, reviewing,
revising, and approving water quality standards by the States as authorized by section
303(c) of the Clean Water Act. …
§131.2 Purpose.
A water quality standard defines the water quality goals of a water body, or portion
thereof, by designating the use or uses to be made of the water and by setting criteria
necessary to protect the uses. States adopt water quality standards to protect public
health or welfare, enhance the quality of water and serve the purposes of the Clean
Water Act (the Act). "Serve the purposes of the Act" (as defined in sections 101(a)(2)
and 303(c) of the Act) means that water quality standards should, wherever attainable,
provide water quality for the protection and propagation of fish, shellfish and wildlife
and for recreation in and on the water and take into consideration their use and value
of public water supplies, propagation of fish, shellfish, and wildlife, recreation in and
on the water, and agricultural, industrial, and other purposes including navigation.
Such standards serve the dual purposes of establishing the water quality goals for a
specific water body and serve as the regulatory basis for the establishment of water-
quality-based treatment controls and strategies beyond the technology-based levels of
treatment required by sections 301(b) and 306 of the Act.
§131.6 Minimum requirements for water quality standards submission.

The following elements must be included in each State's water quality standards
submitted to EPA for review:
(a) Use designations consistent with the provisions of sections 101(a)(2) and 303(c)(2)
of the Act.
(b) Methods used and analyses conducted to support water quality standards
revisions.
(c) Water quality criteria sufficient to protect the designated uses.
(d) An antidegradation policy consistent with §131.12.
(e) Certification by the State Attorney General or other appropriate legal authority
within the State that the water quality standards were duly adopted pursuant to State
law.
(f) General information which will aid the Agency in determining the adequacy of the
scientific basis of the standards which do not include the uses specified in section
101(a)(2) of the Act as well as information on general policies applicable to State
standards which may affect their application and implementation.
Subpart B -- Establishment of Water Quality Standards

§131.10 Designation of uses.
(a) Each State must specify appropriate water uses to be achieved and protected. The
classification of the waters of the State must take into consideration the use and value
of water for public water supplies, protection and propagation of fish, shellfish and
wildlife, recreation in and on the water, agricultural, industrial, and other purposes
including navigation. In no case shall a State adopt waste transport or waste
assimilation as a designated use for any waters of the United States.
(b) In designating uses of a water body and the appropriate criteria for those uses, the
State shall take into consideration the water quality standards of downstream waters
and shall ensure that its water quality standards provide for the attainment and
maintenance of the water quality standards of downstream waters.
(c) States may adopt sub-categories of a use and set the appropriate criteria to reflect
varying needs of such sub-categories of uses, for instance, to differentiate between
cold water and warm water fisheries.
(d) At a minimum, uses are deemed attainable if they can be achieved by the
imposition of effluent limits required under sections 301(b) and 306 of the Act and
cost-effective and reasonable best management practices for nonpoint source control.
(e) Prior to adding or removing any use, or establishing sub-categories of a use, the
State shall provide notice and an opportunity for a public hearing under §131.20(b) of
this regulation.
(f) States may adopt seasonal uses as an alternative to reclassifying a water body or
segment thereof to uses requiring less stringent water quality criteria. If seasonal uses
are adopted, water quality criteria should be adjusted to reflect the seasonal uses,
however, such criteria shall not preclude the attainment and maintenance of a more
protective use in another season.
(g) States may remove a designated use which is not an existing use, as defined in
§131.3, or establish sub-categories of a use if the State can demonstrate that attaining
the designated use is not feasible because:
(1) Naturally occurring pollutant concentrations prevent the attainment of the
use; or
(2) Natural, ephemeral, intermittent or low flow conditions or water levels
prevent the attainment of the use, unless these conditions may be compensated for by
the discharge of sufficient volume of effluent discharges without violating State water
conservation requirements to enable uses to be met; or
(3) Human caused conditions or sources of pollution prevent the attainment
of the use and cannot be remedied or would cause more environmental damage to
correct than to leave in place; or
(4) Dams, diversions or other types of hydrologic modifications preclude the
attainment of the use, and it is not feasible to restore the water body to its original
condition or to operate such modification in a way that would result in the attainment
of the use; or
(5) Physical conditions related to the natural features of the water body, such
as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like,
unrelated to water quality, preclude attainment of aquatic life protection uses; or
(6) Controls more stringent than those required by sections 301(b) and 306 of
the Act would result in substantial and widespread economic and social impact.
(h)States may not remove designated uses if:
(1) They are existing uses, as defined in §131.3, unless a use requiring more
stringent criteria is added; or
(2) Such uses will be attained by implementing effluent limits required under
sections 301(b) and 306 of the Act and by implementing cost-effective and reasonable
best management practices for nonpoint source control.
(i) Where existing water quality standards specify designated uses less than those
which are presently being attained, the State shall revise its standards to reflect the
uses actually being attained.
(j) A State must conduct a use attainability analysis as described in §131.3(g)
whenever:
(1) The State designates or has designated uses that do not include the uses
specified in section 101(a)(2) of the Act, or
(2) The State wishes to remove a designated use that is specified in section
101(a)(2) of the Act or to adopt subcategories of uses specified in section 101(a)(2) of
the Act which require less stringent criteria.
(k) A State is not required to conduct a use attainability analysis under this regulation
whenever designating uses which include those specified in section 101(a)(2) of the
Act.
§131.11 Criteria.
(a) Inclusion of pollutants: (1) States must adopt those water quality criteria that protect
the designated use. Such criteria must be based on sound scientific rationale and must
contain sufficient parameters or constituents to protect the designated use. For waters
with multiple use designations, the criteria shall support the most sensitive use.
(2) Toxic pollutants. States must review water quality data and information on
discharges to identify specific water bodies where toxic pollutants may be adversely
affecting water quality or the attainment of the designated water use or where the
levels of toxic pollutants are at a level to warrant concern and must adopt criteria for
such toxic pollutants applicable to the water body sufficient to protect the designated
use. Where a State adopts narrative criteria for toxic pollutants to protect designated
uses, the State must provide information identifying the method by which the State
intends to regulate point source discharges of toxic pollutants on water quality limited
segments based on such narrative criteria. Such information may be included as part
of the standards or may be included in documents generated by the State in response
to the Water Quality Planning and Management Regulations (40 CFR part 35).
(b) Form of criteria: In establishing criteria, States should:
(1) Establish numerical values based on:
(i) 304(a) Guidance; or
(ii) 304(a) Guidance modified to reflect site-specific conditions; or
(iii) Other scientifically defensible methods;
(2) Establish narrative criteria or criteria based upon biomonitoring methods
where numerical criteria cannot be established or to supplement numerical criteria.
§131.12 Antidegradation policy.

(a) The State shall develop and adopt a statewide antidegradation policy and identify
the methods for implementing such policy pursuant to this subpart. The
antidegradation policy and implementation methods shall, at a minimum, be
consistent with the following:
(1) Existing instream water uses and the level of water quality necessary to
protect the existing uses shall be maintained and protected.
(2) Where the quality of the waters exceed levels necessary to support
propagation of fish, shellfish, and wildlife and recreation in and on the water, that
quality shall be maintained and protected unless the State finds, after full satisfaction
of the intergovernmental coordination and public participation provisions of the
State's continuing planning process, that allowing lower water quality is necessary to
accommodate important economic or social development in the area in which the
waters are located. In allowing such degradation or lower water quality, the State shall
assure water quality adequate to protect existing uses fully. Further, the State shall
assure that there shall be achieved the highest statutory and regulatory requirements
for all new and existing point sources and all cost-effective and reasonable best
management practices for nonpoint source control.
(3) Where high quality waters constitute an outstanding National resource,
such as waters of National and State parks and wildlife refuges and waters of
exceptional recreational or ecological significance, that water quality shall be
maintained and protected.
(4) In those cases where potential water quality impairment associated with a
thermal discharge is involved, the antidegradation policy and implementing method
shall be consistent with section 316 of the Act.
§131.13 General policies.

States may, at their discretion, include in their State standards, policies generally
affecting their application and implementation, such as mixing zones, low flows and
variances. Such policies are subject to EPA review and approval.
Subpart C -- Procedures for Review and Revision of Water Quality Standards

§131.20 State review and revision of water quality standards.
(a) State review. The State shall from time to time, but at least once every three years,
hold public hearings for the purpose of reviewing applicable water quality standards
and, as appropriate, modifying and adopting standards. Any water body segment with
water quality standards that do not include the uses specified in section 101(a)(2) of
the Act shall be re-examined every three years to determine if any new information
has become available. If such new information indicates that the uses specified in
section 101(a)(2) of the Act are attainable, the State shall revise its standards
accordingly. Procedures States establish for identifying and reviewing water bodies for
review should be incorporated into their Continuing Planning Process.
(b) Public participation. The State shall hold a public hearing for the purpose of
reviewing water quality standards, in accordance with provisions of State law, EPA's
water quality management regulation (40 CFR 130.3(b)(6)) and public participation
regulation (40 CFR part 25). The proposed water quality standards revision and
supporting analyses shall be made available to the public prior to the hearing.
(c) Submittal to EPA. The State shall submit the results of the review, any supporting
analysis for the use attainability analysis, the methodologies used for site-specific
criteria development, any general policies applicable to water quality standards and
any revisions of the standards to the Regional Administrator for review and approval,
within 30 days of the final State action to adopt and certify the revised standard, or if
no revisions are made as a result of the review, within 30 days of the completion of
the review.
§131.21 EPA review and approval of water quality standards.

(a) After the State submits its officially adopted revisions, the Regional Administrator
shall either:
(1) Notify the State within 60 days that the revisions are approved, or
(2) Notify the State within 90 days that the revisions are disapproved. Such
notification of disapproval shall specify the changes needed to assure compliance with
the requirements of the Act and this regulation, and shall explain why the State
standard is not in compliance with such requirements. Any new or revised State
standard must be accompanied by some type of supporting analysis.
(b) The Regional Administrator's approval or disapproval of a State water quality
standard shall be based on the requirements of the Act as described in §§131.5 and
131.6, and, with respect to Great Lakes States or Tribes (as defined in 40 CFR 132.2),
40 CFR part 132. …
§131.22 EPA promulgation of water quality standards.

(a) If the State does not adopt the changes specified by the Regional Administrator
within 90 days after notification of the Regional Administrator's disapproval, the
Administrator shall promptly propose and promulgate such standard.
(b) The Administrator may also propose and promulgate a regulation, applicable to
one or more States, setting forth a new or revised standard upon determining such a
standard is necessary to meet the requirements of the Act.
(c) In promulgating water quality standards, the Administrator is subject to the same
policies, procedures, analyses, and public participation requirements established for
States in these regulations.
7.4 Standards of Effluent Quality ("Effluent" Quality Standards)
Standards of effluent quality may be found in subsidiary legislation. In view

of their highly technical nature, they have not been reproduced here. As the
example below illustrates, effluent quality standards may be complemented
by a grant of authority to responsible government officials to tailor to the
circumstances particular to each case more or less stringent standards than
those laid down in the legislation.
AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973

26. (a) In any case where the Council considers that the observance of the general
standard set out in Regulation 25(a) will not ensure that the receiving waters will be fit
for some other water use, the Council shall determine such other standards for the
waste discharge which, in its opinion, will ensure that such receiving waters will be fit
for such water use.
(b) In any case where the Council considers that the observance of a less stringent
standard than the general standard set out in Regulation 25(a) will ensure that the
receiving waters will be fit for all other water uses, the Council may determine other
standards for the waste discharge which, in its opinion, will ensure that such receiving
waters will be fit for such water uses and may determine the periods during which
such less stringent standards shall apply.
(c) In any case where the Council considers such action to be necessary or desirable, it
may determine specific limits for the concentrations of any of the matters or
organisms referred to in Regulation 25(b) and for any of the properties referred to in
Regulation 25 (c).
(d) In any case where Regulation 25 (a) does not apply, the Council shall determine
specific standards for the waste discharge. ...
7.5 Sampling and Testing of Waters and Effluents
Sampling and testing of the waters where wastes are discharged are an
essential complement to all the water pollution control mechanisms thus far
reviewed insofar as sampling and testing are instrumental in (a) ascertaining
the extent of pollution and (b) monitoring progress in general in the fight
against pollution, and, more specifically, compliance with legal requirements.
In the examples below, subsidiary legislation prescribes various matters
related to sampling and testing - notably, procedures, standard
methodologies and techniques, the circumstances which qualify a grant of
authority to government officials to carry out sampling and testing, record-
keeping, sampling methods and the effects which follow from the results of
a test.

Regulations, 1979
7. For the purpose of these Regulations, the effluent discharged into any inland waters
shall be analyzed in accordance with the latest edition of the methods specified in the
Second Schedule1, as amended from time to time, or in accordance with such other
methods of analysis as the Director-General thinks fit.

12. ... (2) Any person authorized by the Board may, at any time and without prior
notice to any person, enter upon any land for the purpose of testing, or taking
samples of, the waste or effluent capable of being discharged by means of the works
erected pursuant to paragraph (b) of sub-regulation (1), but no compensation shall be
payable by such authorized person or the Board to any person in respect of any
damage done to such land by reason of such entry.
III - CAYMAN ISLANDS - Water Authority Regulations, 1985

21. (1) The Authority may from time to time, in pursuance of sub-paragraph (c) of
sub-section (2) of section 44 of the Law, test the quality of an effluent being
discharged under a permit.
(2) If, as a result of a test made in pursuance of the last preceding sub-section, the
effluent discharged fails to meet the minimum quality standard laid down in regulation
19 or 20 or these regulations, as the case may be, the provisions of sub-section (1) of
section 21 of the Law shall apply, and the Authority will charge for the test made the
fee prescribed in Schedule 22 to these regulations.
1 Omitted.
2 Omitted.
(3) If, as a result of a test made in pursuance of sub-section (1) of this regulation, the
conditions as to the quality of the effluent discharged which are contained in the
relevant permit are shown to be met, no charge for the test will be made except where
the test was requested by the holder of the relevant permit or by any other person, the
prescribed fee being payable by one or the other, as the case may be.
IV - CANADA – SASKATCHEWAN - The Water Regulations, 2002

19. Required testing of sewage works and industrial effluent works
Every permittee shall:
(a) cause tests to be conducted and information to be collected as required in the
permittee’s permit;
(b) cause operational records or logs to be maintained, including information
respecting:
(i) maintenance work and any failure of treatment components;
(ii) types, dosages and total amounts of chemicals or other substances added
to the sewage or industrial waste;
(iii) dates of discharge of sewage or industrial waste and the volumes of
discharge;
(iv) locations from which samples for any tests are taken; and
(v) the results of any tests conducted on the samples taken pursuant to
subclause (iv);
(c) promptly make available the operational records or logs mentioned in clause
(b) and the results of the tests conducted and the information collected pursuant
to clause (a) to the minister or to the public as required by the permit or
requested by the minister; and
(d) promptly provide the minister with any additional information that the
minister may reasonably request respecting the operation of the permittee’s
sewage works or industrial effluent works.
38. Accredited laboratory
(1) Subject to subsections (2) and (3), on and after March 31, 2004, an accredited
laboratory must perform any analysis pursuant to this Division in accordance with the
parameters for which it has been accredited.
(2) For the purposes of this Division, if an accredited laboratory is not specifically
accredited to perform an analysis required by this Division:
(a) the minister may approve any analytical protocols and procedures that the
minister considers necessary to ensure that water is properly tested; and
(b) the accredited laboratory performing analysis pursuant to this Division shall
perform the analysis in accordance with the analytical protocols and procedures
authorized pursuant to clause (a).
(3) If the minister approves any analytical protocols and procedures pursuant to
subsection (2), the minister shall cause those protocols and procedures to be made
available to the public in any manner that the minister considers likely to bring them
to the public’s attention, including causing them to be posted on the department’s
Internet website.
39. Testing, test results and notice of test results

(1) Every permittee of a waterworks shall:
(a) cause water samples to be taken regularly during the operation of the
waterworks to test for bacteria and chlorine, and for any other constituents that
the permittee’s permit requires to be monitored, at those locations and times and
at a frequency:
(i) specified in the permittee’s permit; or
(ii) as directed by an order made pursuant to the Act; and
(b) subject to subsections (2) and (3), submit the water samples taken pursuant to
clause (a) for analysis to an accredited laboratory.
(2) A water sample taken for the purposes of analysis pursuant to subclause 32(1)(b)(i)
may be submitted to an accredited laboratory or to any approved laboratory.
(3) A permittee may perform tests on water samples taken for the purposes of analysis
for on-site total chlorine residuals, free chlorine residuals or turbidity monitoring and
need not submit those water samples for testing to an accredited laboratory.
(4) If the results of any sample test taken pursuant to subsection (1) show that the
level of any bacteria or any other constituent in the treated water exceeds the level or
range set out in these regulations, the permittee shall:
(a) in the case a test result showing the presence of total coliforms, fecal
coliforms, Escherichia coli or 200 or more organisms per 100 millilitres as an
overgrowth of background bacteria, conduct any additional testing in accordance
with the Bacteriological Follow-up Protocol for Waterworks Regulated by
Saskatchewan Environment, EPB 205, dated November 2002 as issued by the
department;
(b) in the case of any other constituent that exceeds a level set out in these
regulations, conduct any additional testing at the times and frequencies and in the
manner directed by the minister.
(5) For the purposes of this section, the Bacteriological Follow-up Protocol for
Waterworks Regulated by Saskatchewan Environment, EPB 205, dated November
2002 as issued by the department, as amended from time to time, is adopted.
(6) If the minister considers it to be necessary, the minister may direct a permittee to
conduct any further sampling and testing, in addition to that conducted pursuant to
subsection (1), to monitor:
(a) the quality of the water in the waterworks; or
(b) the efficacy of the treatment process.
(7) Subject to subsection (8), any laboratory that conducts any analysis of water
samples from a waterworks shall, within seven days after the date of completion of
the analysis, report the results of the analysis to:
(a) the permittee of the waterworks; and
(b) the minister.
(8) If a sample submitted in accordance with subsection (1) or (6) shows the presence
of total coliforms, fecal coliforms, Escherichia coli or 200 or more organisms per 100
millilitres as an overgrowth of background bacteria, the laboratory that conducted the
analysis shall:
(a) notify the minister in accordance with the Bacteriological Follow-up Protocol
for Waterworks Regulated by Saskatchewan Environment mentioned in
subsection (5); and
(b) within 72 hours after obtaining the result, send a written copy of the result to
the permittee who submitted the samples and to the minister.
(9) On being notified pursuant to subsection (8), the permittee of the waterworks
shall:
(a) immediately notify the minister of the measures the permittee has taken and
intends to take to remedy the situation in relation to the testing results;
(b) notify consumers served by the waterworks of the measures mentioned in
clause (a) in the manner and within the time that is directed by the minister in
accordance with the Bacteriological Follow-up Protocol for Waterworks
Regulated by Saskatchewan Environment mentioned in subsection (5); and
(c) take any other action in relation to the results of testing and quality of water
that the minister may direct to protect human health or public safety.
42. Operational records to be kept

(1) Every permittee of a waterworks shall cause operational records or logs to be
maintained, including records of the following:
(a) the total water pumped into the distribution system on a daily basis or the
total raw water used;
(b) the types, dosages and total amounts of chemicals applied to the water for
treatment;
(c) the locations from which samples for any tests conducted by the permittee of
the waterworks were taken in accordance with the permittee’s permit and the
name of the person who conducted the sampling or testing and the results of
those tests;
(d) any departures from normal operating procedures that may have occurred and
the time and date that they occurred;
(e) any instructions that were given during operation of the waterworks to depart
from normal operating practices and the name of the person who gave the
instructions;
(f) any upset condition or bypass condition, the time and date of the upset
condition or bypass condition and measures taken to notify others and resolve
the upset condition or bypass condition;
(g) any condition of low disinfectant levels, the time, date and location of
occurrence and measures taken to restore disinfectant levels to required values;
(h) the dates and results of calibrating any metering equipment and testing
instruments; and
(i) the dates and types of maintenance performed on equipment and any actions
taken to ensure the normal operations of the waterworks.
(2) Every permittee of a waterworks shall cause the operational records or logs
mentioned in subsection (1) to be recorded and maintained in the following manner:
(a) operational records or logs must be made in chronological order, with the
dates, times and testing locations clearly indicated;
(b) entries in an operational record or log must only be made by the permittee;
(c) any person making an entry in an operational record or log must do so in a
manner that allows the person to be unambiguously identified as the maker of
the entry;
(d) operational records or logs must be maintained for at least five years;
(e) any anomalies or instances of missing entries in an operational record or log
must be accompanied by explanatory notes;
(f) operational records or logs must only contain data or information that is
actually observed or produced;
(g) operational records or logs must not contain default values generated
manually or by automated means;
(h) operational records or logs maintained pursuant to clause (d) must be made
available promptly on request of the minister.
V - UNITED KINGDOM - Surface Waters (Dangerous Substances)

(Classification) Regulations (Northern Ireland) 1998
4. Sampling and analysis
(1) The provisions of this regulation apply as respects the taking of samples of inland
freshwaters, coastal waters and relevant territorial waters in relation to their
classification in accordance with regulation 3.
(2) Samples shall be taken under this regulation at a frequency sufficient to show any
changes in the aquatic environment, having regard in particular to natural variations in
hydrological conditions.
(3) Where a discharge containing any substance listed in column (1) of any of the
Schedules is made to waters mentioned in paragraph (1), samples shall be taken at a
point sufficiently close to the discharge point to be representative of the quality of the
aquatic environment in the area affected by the discharge,
(4) Samples taken under this regulation in relation to relevant territorial waters, coastal
waters or inland freshwaters to which the classification DS1, DS2 or DS3 is for the
time being applied shall be analysed using the relevant reference method of
measurement respectively specified in column (3) of Schedule 1, 2 or 3 or other
methods which have limits of detection, precision and accuracy at least as good.
8. ENSURING COMPLIANCE WITH THE LAW
The holders of waste discharge permits are subject to obligations stemming

from the permit, and to obligations of general import laid down in the
legislation. In addition, the general public is also subject to certain basic
obligations, most notably, that of refraining from discharging waste into a
freshwater body, on the ground or under the ground, or from carrying on
given activities or processes, unless a permit has first been obtained from the
concerned government department or agency. While spontaneous
compliance with these obligations is to be expected of the majority of the
citizenry in general and of the holders of waste discharge or other
comparable permits in particular, it is standard practice for legislation to
deter non-compliance by declaring generic or specific violations an offence,
and subjecting these to penalties. These include fines and imprisonment and,
under the appropriate circumstances, non-conventional measures such as
suspension or cancellation of a permit. Also, a special use of fines is made in
connection with water pollution control offences, consisting of fining an
illegal discharge on a daily basis for as long as the illegal discharge continues.
The role of subsidiary legislation is this regard is prominent, as it may spell
out which violation attracts what kind and level of penalty. Offences and
attendant penalties can be generically directed at any deviation from the
precepts of the law (I), or be fine-tuned to address specific breaches in
connection with specific legal precepts (II).
As already explained in Chapter I, offences and penalties are an integral part

of law enforcement. In addition, law enforcement involves, in the specific
case of water pollution control legislation, authority for the government to
enter and inspect private property, to take from it samples of the thing under
investigation - e.g., an effluent, the soil -, to install monitoring equipment on
the said property, to examine records which must be kept by law (III, IV and
VII) and to direct a polluter to take action (VIII). As an adjunct to these
powers, the property owner may be required to render active assistance in
the exercise of law enforcement authority (V), or simply not to hinder the
exercise of such authority (VI). An express grant of law enforcement
authority and powers is generally found in principal legislation, but it is not
uncommon to find such powers restated or elaborated on in subordinate
legislation.
I - ST LUCIA - Public Health (Water Quality Control) Regulations, 1978

13. Any person failing to comply with these Regulations or with any notice served
thereunder shall be guilty of an offence and on summary conviction shall be liable to a
fine not exceeding two hundred and fifty dollars or to a term of imprisonment not
exceeding three months, and in addition in the case of a continuous offence to a fine
not exceeding fifty dollars for each day the offence continues after a conviction is first
obtained.
II - KENYA - Water (General) Rules

75. The Water Apportionment Board shall have authority to determine whether or
not any sawdust, tailings, gravel, refuse, sewage, effluent from any works or any other
material or substance of any kind being put, or proposed to be put, into any body of
water or watercourse is prejudicing or will prejudice the beneficial use for any purpose
of the water of such body of water or watercourse, or is impeding or interfering or
may impede or interfere, with the natural flow of any body of water, and the Board
may at any time and from time to time order any person not to put any such thing
into or adjacent to such body of water or watercourse, and further may order the
removal of any such matter from, or from any site adjacent to, any body of water or
watercourse, and any person who refuses to obey such order shall be guilty of an
offence.
77. Any person who deposits, or who causes or allows to be deposited, into any body
of water or any tributary thereof, any sawdust, any vegetable or mineral refuse, the
effluent from a sheep or cattle dip, factory, premises or work, any sewage or sewage
effluent or any other matter or thing of any kind which is harmful to the fish, fish life,
the fry or ova of fish, or fish food contained in such body of water shall be guilty of
an offence.
III - KENYA - Water (General) Rules

79. (1) A fish warden, an assistant fish warden or any person authorized by a fish
warden may enter upon any land or premises for the purpose of inspecting bodies of
water or tributaries thereof, or for the purpose of preventing or detecting an offence
under these Rules or for the purpose of collecting fish or taking samples of any matter
or thing which is being deposited, or which it is proposed to deposit, into any body of
water or any tributary thereof, and he may interfere summarily to prevent the deposit
into any such body of water or tributary thereof of any matter or thing which is
harmful to the fish, fish life, the fry or ova of fish or fish food in such body of water.
IV - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978

12. ... (2) Any person authorized by the Board may, at any time and without prior
notice to any person, enter upon any land for the purpose of testing, or taking
samples of, the waste or effluent capable of being discharged by means of the works
erected pursuant to paragraph (b) of sub-regulation (1), but no compensation shall be
payable by such authorized person or the Board to any person in respect of any
damage done to such land by reason of such entry.
V - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents)

Regulations, 1979
20. An occupier of any premises shall provide the Director-General or any other
officer duly authorised in writing by him every reasonable assistance or facility
available at premises, including labour, equipment, appliances, and instruments that he
may require for the purpose of taking any action that he is empowered by section 38
of the Act to take respect of the premises.
VI - KENYA - Water (General) Rules

79. … (2) Any person who wilfully obstructs or hinders a fish warden, an assistant
fish warden or any person authorized by a fish warden in the execution of his powers
under this rule shall be guilty of an offence. …
VII- UGANDA - The Water (Waste Discharge) Regulations, 1998

17. Sampling of effluent and waste water analysis
(1) An environment inspector designated under section 80 or an analyst designated
under subsection (1) of section 84 of the National Environment Statute, 1995 may at
any reasonable time enter any premises and take samples, analyse and examine
materials used in the activity for which a discharge permit was applied.
(2) An analyst designated under subregulation (I) shall comply with the guidelines
issued under these regulations.
VIII - UNITED KINGDOM - Water Resources Act , 1991

161A. Notices requiring persons to carry out anti-pollution works and operations
(1) Subject to the following provisions of this section, where it appears to the Agency
that any poisonous, noxious or polluting matter or any solid waste matter is likely to
enter, or to be or to have been present in, any controlled waters, the Agency shall be
entitled to serve a works notice on any person who, as the case may be, --
(a) caused or knowingly permitted the matter in question to be present at the
place from which it is likely, in the opinion of the Agency, to enter any controlled
waters; or
(b) caused or knowingly permitted the matter in question to be present in any
controlled waters.
(2) For the purposes of this section, a "works notice" is a notice requiring the person
on whom it is served to carry out such of the following works or operations as may
be specified in the notice. …
(3) A works notice –
(a) must specify the periods within which the person on whom it is served is
required to do each of the things specified in the notice; …
(4) Before serving a works notice on any person, the Agency shall reasonably
endeavour to consult that person concerning the works or operations which are to be
specified in the notice. …
161B. Grant of, and compensation for, rights of entry etc.

(1) A works notice may require a person to carry out works or operations in relation
to any land or waters notwithstanding that he is not entitled to carry out those works
or operations.
(2) Any person whose consent is required before any works or operations required by
a works notice may be carried out shall grant, or join in granting, such rights in
relation to any land or waters as will enable the person on whom the works notice is
served to comply with any requirements imposed by the works notice.
161D. Consequences of not complying with a works notice

(1) If a person on whom the Agency serves a works notice fails to comply with any of
the requirements of the notice, he shall be guilty of an offence.
(2) A person who commits an offence under subsection (1) above shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding three
months or to a fine not exceeding £20,000 or to both;
(b) on conviction on indictment to imprisonment for a term not exceeding two
years or to a fine or to both.
(3) If a person on whom a works notice has been served fails to comply with any of
the requirements of the notice, the Agency may do what that person was required to
do and may recover from him any costs or expenses reasonably incurred by the
Agency in doing it.
(4) If the Agency is of the opinion that proceedings for an offence under subsection
(1) above would afford an ineffectual remedy against a person who has failed to
comply with the requirements of a works notice, the Agency may take proceedings in
the High Court for the purpose of securing compliance with the notice.
(5) In this section "works notice" means a works notice under section 161A above.
UNITED KINGDOM - The Anti-Pollution Works Regulations (England and

Wales), 1999
2. Content of works notices
A works notice shall-
(a) in the case of a potential pollution incident, describe the nature of the risk
to controlled waters, identifying the controlled waters which may be affected and the
place from which the matter in question is likely to enter those waters;
(b) in the case of an actual pollution incident, describe the nature and extent
of the pollution, identifying the controlled waters affected by it;
(c) specify the works or operations required to be carried out by the person
on whom the notice is served, stating his name and address;
(d) give the Agency's reasons for serving the notice on that person and for
requiring those works or operations to be carried out;
(e) inform the person on whom the notice is served of his right of appeal
under section 161C of the Act (including the time for appealing) and of the
requirements imposed by regulation 3 in relation to its exercise;
(f) state that the Agency is entitled (unless the notice is quashed or
withdrawn) to recover from the person on whom the notice is served its costs or
expenses reasonably incurred in carrying out such investigations as are mentioned in
section 161(1)of the Act; and
(g) set out the contents of section 161D(1) to (4) of the Act (consequences of
not complying with a works notice).

Prevention and Control of Pollution

Uploaded by

Document Informationclick to expand document information

Copyright:

Available Formats

Prevention and Control of Pollution

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Prevention and Control of Pollution

Uploaded by

Copyright:

Available Formats

II.

PREVENTION AND CONTROL OF WATER

1.1 Scope of the Chapter

Preventing and controlling pollution of water resources, both surface and

Pollution of water resources is known to originate from a variety of sources.

The alternative to the government assuming it amongst its functions is for

A policy decision to replace government-directed pollution prevention and

These approaches can also be combined, and licensing of waste discharges

The basic policy decisions underlying the choice of approach is generally

2. CONTROLLING WATER POLLUTION THROUGH

Absolute prohibitions to jeopardize the quality of water resources - i.e.

I - ST. LUCIA - Public Health (Water Quality Control) Regulations, 1978

II - ST. LUCIA - Public Health (Water Quality Control) Regulations, 1978

III - KENYA - Water (General) Rules

IV - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents)

V - AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973

VI - AUSTRALIA - WESTERN AUSTRALIA - Health Act (Sewerage,

VII - PHILIPPINES - Water Rules and Regulations

VIII - NIGERIA - The National Environmental Protection (Pollution

IX - SOUTH AFRICA - Regulations on Use of Water for Mining and Related

5. Restrictions on use of material

X - ISRAEL - Water Regulations (Prevention of Water Pollution) (Spraying

5. (A) Aerial spraying will be conducted at a distance not less than –

Minister of Health. (hereafter – Minister of Health).

3. CONTROLLING POLLUTION THROUGH WASTE

As already intimated in the Introduction to this chapter, permit requirements

Subsidiary legislation provides the procedural and substantive details of

Typically, the grant - or refusal - by the government of a waste discharge

Step One - Fulfilling requirements precedent to the filing of

Publicizing through the prescribed media of communication one's intention

I - IRELAND - Local Government (Water Pollution) Regulations, 1978

Step Two - Filing of applications

Circumstances under which a permit is required

It is not uncommon to find a clarification as to the kinds of "discharges",

I - PHILIPPINES - Water Rules and Regulations

II - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978

III - UNITED KINGDOM - The Environmental Protection (Prescribed

1 Presidential Decree No. 1067 of 31 December 1976 (Water Code).

IV - NIGERIA - The National Environmental Protection (Pollution

V - UGANDA - The Water (Waste Discharge) Regulations, 1998

5. Waste discharge permit

1 Omitted. The Schedule lists twenty-three "Prescribed Substances".

or any waste containing a substance specified in the Second Schedule to these

Standard formats for waste discharge applications may be appended to

I - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978

II - AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973

III - AUSTRALIA - NEW SOUTH WALES - Clean Waters Regulations, 1972

IV - AUSTRALIA - NORTHERN TERRITORY - Water Regulations, 1999

Documentary evidence in support of the application is generally required to

I - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978

II - PHILIPPINES - Water Rules and Regulations

III - IRELAND - Local Government (Water Pollution) Regulations, 1978

IV - QUEENSLAND - Clean Waters Regulations, 1973

V - CAYMAN ISLANDS - Water Authority Regulations, 1985

1 See Appendix II, page 345.

VI - CANADA – SASKATCHEWAN - The Water Regulations, 2002

VII - UGANDA - The Water (Waste Discharge) Regulations, 1998

Payment of filing fees