The Water Bill, 2001

This is a draft Water Bill and is is a working document and not a formal document. As such it should not be interpreted as the policy of the Government of Swaziland until it has been finally agreed and adopted by Cabinet and His Majesty as national legislation.

PART VIII CONTROL OF POLLUTION

Effluent Control Permit

62. (1) A person who -

(a) is using water for an industrial purpose or local authority purpose; or

(b) applies for a permit or amend a permit to divert, store, or use water for an industrial purpose or local authority purpose, shall at the same time apply to the Board for an effluent control permit.

(2) A person who applies to take or who takes water for an industrial use or local authority use and who proposes to discharge or does discharge the effluent directly into a watercourse or into a ditch or conduit where the effluent will or may reach a watercourse without further treatment shall apply to the Board for an effluent control permit.

(3) Where a person applies to take or takes water for industrial use from a local authority which also removes effluent from the public generally, the local authority may refuse to supply or to continue to supply water to such person unless the person ensures by treatment or otherwise that the quality of the effluent meets such standards as the local authority may require.

Interdependence With a Permit

63. The Board shall not issue a permit or amend an existing permit for the diversion, storage, or use of water for an industrial purpose or use by a local authority unless it issues an effluent control permit at the same time.

Application for an Effluent Control Permit

64. (1) A person who applies for an effluent control permit or who applies to amend an existing effluent control permit shall comply with the regulations with respect to filing an application, giving notice of such application and paying the prescribed fee, if any, and shall furnish such information, plans and specifications as the Board may require.

(2) The information to be provided to the Board shall include, but not be limited to:

(a) the process or processes to be used to treat the effluent;

(b) the anticipated change in the temperature of the water, if any, and the methods and degree of cooling to be employed;

(c) the chemical or biological constituents of the effluent both before and after treatment;

(d) the method of locating and disposing of any substances removed in the treatment process;

(e) the estimated total daily and annual volumes of effluent to be discharged;

(f) the rate or rates of discharge;

(g) the location of the point of discharge and the nature of the receiving water;

(h) the anticipated dispersion and dilution of the effluent; and

(i) the nature of soils, vegetation, and depth to the water table in the proposed sludge disposal area or in the area of the discharge of the effluents to be discharged onto or under land.

Power of the Board on effluent control

65. (1) With respect to an application for an effluent control permit or for an amendment to an existing effluent control permit, the Board may:

(a) refuse the application;

(b) amend the application in any respect;

(c) grant the application in whole or in part;

(d) require additional information, plans, or specifications; or

(e) issue to the applicant one or more effluent control permits on such terms and conditions as the Board considers proper.

(2) Without limiting the discretion of the Board, an effluent control permit may contain:

(a) limitations as to the time or hours of day when the effluent may be discharged;

(b) limitations on the quantity of effluent to be discharged either generally or at specified times;

(c) the chemical or biological constituents and temperature of the effluent to be discharged;

(d) methods of monitoring the receiving waters and of the effluent and the maintenance of records;

(e) the method of the disposal of any sludge and the location of such disposal area;

(f) a requirement that the quality of the effluent be upgraded to higher standards over a period of time;

(g) requirement that the permit holder prepare within a stated time a shut down plan for the approval of the Board which plan shall indicate the procedures to be followed upon a temporary shut down or a permanent closure of the undertaking to ensure that there is no danger of continued pollution; or

(h) a requirement that quarterly inspection reports of waste water quality data be submitted to the Board or at such other shorter period as the Board may prescribe.

(3) The Board shall enforce such effluent standards as shall be prescribed by the National Water Authority and be in conformity with standard prescribed by the Swaziland Environment Authority.

Cancellation of an effluent control permit

66. (1) Every effluent control permit and all rights or obligations under it may be cancelled by the Board in whole or in part, if:

(a) the permit holder has failed for three successive years to comply with the terms and conditions under the effluent control permit;

(b) the permit holder has failed to complete the construction of the works authorized or required by the effluent control permit within the time specified by the effluent control permit;

(c) the permit holder has failed for two successive years to pay any fees or charges due to the Board with respect to the effluent control permit;

(d) the permit holder has failed to comply with the Act and/or any regulations under the Act;

(e) the permit holder has failed to comply with a lawful order of the Board or its duly authorized delegate; or

(f) the permit holder made a material misstatement in the application for an effluent control permit or in information provided to the Board with respect to such application.

(2) If the Board proposes to cancel an effluent control permit in whole or in part on any ground specified in subsection (1), it shall give notice by registered mail to the permit holder.

(3) If the Board, within four weeks of the mailing of such notice, has received an objection to the proposed cancellation from the permit holder, the Board shall hold a hearing as and shall then decide whether to cancel the effluent control permit in whole or in part or to allow the effluent control permit to remain in effect subject to such amended or additional terms and conditions as the Board may consider proper.

(4) A cancellation or amendment of an effluent control permit shall not relieve the permit holder of any liability for past or continuing pollution.

Suspend of an effluent control permit

67. (1) Whenever the Board is of the opinion that an emergency exists which poses a threat to the health or safety of persons or of the environment and which arises out of the operation of the permit and whether such emergency arises out of a fault of the permit holder or not, the Board may by order suspend an effluent control permit forthwith for such period as the Board considers necessary.

(2) The permit holder shall immediately on receipt of the suspension order cease the discharge of the effluent and shall immediately take such steps as are necessary or as may be ordered by the Board to overcome the emergency and, so far as may be possible, to avoid a repetition thereof.

(3) Before the permit holder is heard, he has to cease discharge of the effluent or otherwise comply with the order of the Board.

Special powers of the Minister

68. (1) Without limiting the general powers under this Act, the Minister may on the recommendation of the Authority, order such steps to be taken by such person or persons in a specified time as may be necessary or as appear to be necessary to avoid any pollution, stop pollution from occurring or to clean up a polluted condition whether or not the person has been charged under this Act.

(2) In carrying out his power under subsection (1), the Minister may -

(a) suspend an effluent permit;

(b) stop or shut down any industrial undertaking or activity which is the source of pollution;

(c) submit a plan to remedy the contravention;

(d) minimize or remedy the adverse affects on the -

(i) aquatic environment;

(ii) human health, safety or property;

(e) restore or reclaim an area satisfactory to the Minister; or

(f) specify the period of time when the order must be complied with.

(3) If such order of the Minister is not obeyed within the specified time, the Minister may out of revenues and funds of Swaziland take any steps to avoid the pollution or to clean up a polluted condition and may recover the costs in any court of competent jurisdiction from the person or persons who were ordered to perform the work or who caused the polluted condition.

Transfer of effluent control permit

69. (1 ) The proprietor of an industrial undertaking for which an effluent control permit has been issued and who proposes to acquire this undertaking shall apply to the Board for the transfer of that permit, specifying in that application the identity of the person who proposes to acquire the undertaking.

(2) The Board may approve the transfer upon such terms and condition, if any as the Board may consider appropriate.

(3) In the alternative the Board may refuse to consider such application until the applicant has taken such steps as the Board may consider necessary to clean up any polluted conditions or has given such security as the Board may require to guarantee such clean up.

(4) Subject to subsections (2) and (3) the Board upon receipt of evidence of the transfer of the proprietorship and upon payment of the prescribed fee, if any, shall issue a new effluent control permit in the name of the new proprietor and shall cancel the prior effluent control permit.

(5) The new effluent control permit may contain additional or different terms and conditions to the existing one.

Exemptions under repealed Act

70. The holder of an exemption order under the repealed Act shall apply for an effluent control permit within six months of the coming into force of this Act.