§ Mr. Leslie Huckfield
asked the Secretary of State for the Environment whether he will give guidance to local authorities in connection with the supervision of tips for toxic waste materials.
§ Mr. Eldon Griffiths
Advice has ben given on the basis of Chapter XII of the Report of the Technical Committee on the Disposal of Solid Toxic Wastes.
§ Mr. Leslie Huckfield
asked the Secretary of State for the Environment whether he will list the penalties under various statutes which affect those convicted of dumping toxic waste materials.
§ 6. Mr. Eldon Griffiths
The Statute under which a person can be convicted for dumping toxic wastes depends on the circumstances of the offence. The main provisions under which such dumping likely to constitute an offence are:
Section 19 of the Civic Amenities Act, 1967The maximum penalty on summary conviction for deliberately dumping any thing on any land in the open air is £100 for a first offence, and for a subsequent offence £200 or three months' imprisonment or both.
Section 21 of the Water Act, 1945408WThe maximum penalty for any act or neglect causing or likely to cause pollution of water in a spring, well, borehole or adit which is used or likely to be used for human consumption is £50 on summary conviction, with a penalty of £5 a day for continuing offences; on indictment the penalties are £200 and £20 daily
Section 2 of the Rivers (Prevention of Pollution) Act, 1951The maximum penalty on summary conviction for causing or knowingly permitting to enter a stream any poisonous, noxious or polluting matter is £100; and for continuing offences a fine of £100, or £10 daily, whichever is the greater, and—or three months' imprisonment. On indictment, the penalties are a maximum of £200, with £500 for continuing offences, or £50 daily whichever is the greater, and—or six months' imprisonment.
Section 72 of the Water Resources Act, 1963For the discharge to any underground strata without the consent of the river authority, by means of any well, borehole or pipe, of any poisonous, noxious or polluting matter the maximum penalty is £100 on summary conviction; on indictment the fine is without limit.
Section 27 of the Public Health ActThe maximum penalty for permitting certain injurious matters to pass into a public sewer or into any drain communicating with a public sewer is £10, and £5 for each day on which the offence continues after conviction.
Public Health Act, 1936, Part IIIStatutory nuisances defined in this Part of the Act include any accumulation or deposit which is prejudicial to health or a nuisance. If, after service of an abatement notice by the council, the offence continued, the offender could be fined on summary conviction. The court could impose a fine not exceeding £20 and could issue a nuisance order. Failure to comply with this order carries penalties of a fine not exceeding £50, plus £5 a day for each day on which the offence continues. The penalties prescribed in the Public Health Act, 1936 have been increased by the provisions of the Third Schedule to the Criminal Justice Act 1967 to the levels given here.