§ Mrs. Iris RobinsonTo ask the Secretary of State for Northern Ireland what steps he is taking to prevent the discharge of harmful materials into rivers. [148831]
§ Angela SmithUnder the Water (NI) Order 1999, it is an offence to discharge or deposit, whether knowingly or otherwise, any poisonous, noxious or polluting matter so that it enters a waterway, the penalty for which on summary conviction is imprisonment for a term not exceeding three months, or a fine not exceeding £20,000, or both. The Environment and Heritage Service (EHS), an Executive Agency of the Department of the Environment (DOE), is responsible for enforcing this legislation
To prevent pollution incidents from occurring, and to minimise the effect of any pollution on the environment, pollution prevention advice is offered by EHS to educate the public and industry, in promoting good environmental practices. If a pollution incident is reported or discovered, EHS aims to locate and stop the source of the pollution, identify the polluter and if appropriate, collect sufficient evidence to secure a prosecution
It is also an offence to discharge effluent to waterways or groundwater without the consent of the DOE. EHS is responsible for issuing "consents to discharge" that detail specific conditions relating to the quality and quantity of effluent discharged. The conditions are formulated to ensure that the discharge can be sustained by the receiving waterway without damage to the aquatic environment and without breaching national or EC Directive standards. Failure to comply with the conditions of a consent is also an offence under the Water Order, and where consent compliance is consistently poor, or there is a pollution incident, enforcement action will be considered
Water Service is not bound by the statutory discharge consent requirements of the Water Order, however a separate but similar regulatory system has been established to control Water Service discharges. This system has been detailed in the recently published report "Regulation of Water Service Discharges 2001", a copy of which has been placed in the Assembly library. The report is also available on the EHS website at http://www.ehsni. gov.uk/pubs/publicat ions/Reg WSD.pdf