Clause 12

No person shall discharge, or cause or permit to be discharged, any dangerous or hazardous substance or any trade effluent containing any dangerous or hazardous substance into any public sewerage system or any drain-line or sewer communicating with a public sewerage system, except —

with the prior written approval of the Board; and

in accordance with the conditions of that approval, if any, and any regulations under this Act providing for the control of such discharge.(2) Where any dangerous or hazardous substance or any trade effluent containing any dangerous or hazardous substance has been discharged from any premises into any public sewerage system or any drain-line or sewer communicating with a public sewerage system in contravention of subsection (1), it shall be presumed, until the contrary is proved, that the occupier of the premises has discharged, or caused or permitted to be discharged, the substance or trade effluent.(3) The presumption under subsection (2) shall not be rebutted unless the occupier of the premises proves that he had taken all reasonable precautions and exercised due diligence to prevent the contravention of subsection (1).(4) Where, in any proceedings for an offence under subsection (5) or (6), it is proved that the accused had committed any act referred to in subsection (1), it shall be presumed, unless the contrary is proved, that the accused knew that the substance discharged was a dangerous or hazardous substance or that the trade effluent discharged contained a dangerous or hazardous substance, as the case may be.(5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable —

on the first conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part thereof during which the offence continues after conviction; and

on a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part thereof during which the offence continues after conviction.(6) Any person who contravenes subsection (1) and thereby causes —

injury or death to any person;

damage to any public sewerage system which renders the sewerage system inoperable; or

severe disruption to the process of treating sewage or trade effluent or the process of water reclamation,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.(7) The court may order any person who is convicted of an offence under this section to pay the cost incurred by the Board, or by the owner or occupier of any premises, in carrying out any work —

to restore the public sewerage system to its original condition;

to resume the process of treating sewage or trade effluent or the process of water reclamation; or

to clear the public sewerage system of the dangerous or hazardous substance or the trade effluent containing the dangerous or hazardous substance so discharged.(8) The Board may, with the approval of the Minister, by regulations provide for the control or prohibition of the discharge of dangerous or hazardous substances or trade effluent containing dangerous or hazardous substances into any public sewerage system or any drain-line or sewer communicating with a public sewerage system.(9) For the purposes of this section and section 17, a substance is a dangerous or hazardous substance if —

it is of a nature that is likely, either alone or in combination with or by interaction with another substance —

to pose a health hazard to or cause danger to the safety and health of any person at work at, on or in any part of any public sewerage system;

to cause a fire or an explosion in any public sewerage system;

to damage any public sewerage system to the extent that would render the sewerage system inoperable; or

to severely disrupt —

the proper working of any public sewerage system, or any facility, machinery or equipment related or connected to the sewerage system;

any process of treating trade effluent, sewage or other waste for reuse;

any process of water reclamation; or

the proper working of any facility, machinery or equipment used for any process referred to in sub-paragraph (B) or (C); or

it is prescribed as a dangerous or hazardous substance.”.