TITLE: TRADE WASTE NON-COMPLIANCE PROCEDURE
R EFERENCE N UMBER :
R ESPONSIBLE D EPARTMENT :
A PPLICABLE L EGISLATION :
Health & Public Safety
SA Public Health Act 2011
Water Industry Act 2012
Local Government Act 1999
S TRATEGIC P LAN : Strategic Imperatives: Urban Growth
Shared Aspirations: Human Settlements
Trade Waste Discharge Policy R ELATED P OLICIES / C ORPORATE
G UIDELINE :
A PPROVED : <<Insert Date>>
N EXT R EVIEW D ATE : <Insert Date>>
1. PURPOSE
This procedure outlines the legislation relating to management and enforcement of trade waste discharges, and provides a guide to the course of action to be taken in instances of non-compliance.
2. PROCEDURE
2.1 Legislation
The legislation used to implement and enforce the Council’s Trade Waste
Management Program is:

South Australian Public Health Act 2011 (‘the SAPH Act’);

South Australian Public Health (Wastewater) Regulations 2013 ( ‘the
Regulations ’);

Water Industry Act 2012 (‘the WI Act’); and

Water Industry Regulations 2012 (‘ the WI Regulations’)
The above legislation operates on a complimentary basis. This is reinforced by section 65 of the WI Act, which expressly recognises that nothing in the WI Act
“ affects the exercise of any power, or the obligation of a water industry entity to comply with any direction, order or requirement, under the South Australian
Public Health Act 2011”.
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The SAPH Act and the Regulations
The relevant sections of the SAPH Act and the Regulations pertaining to compliance and enforcement are:
Section 92:

The Council may issue a notice to the owner/operator of a trade waste wastewater system to secure compliance with the requirements of the
Regulations or as may be necessary to avert, eliminate or prevent a risk or perceived risk to public health.

Failure to comply with the requirements of a section 92 notice is an offence in respect of which a maximum penalty of $25,000 and an expiation fee of
$750 applies,
Regulation 12:

Requires the operator of a wastewater system to ensure that the system is maintained in accordance with approval wastewater works approval issued by the Council and any prescribed codes; the same requirement also governs any person who maintains or services a wastewater system.

Failure to comply is an offence to which a maximum penalty of $5,000 attaches. If the offence is as a result of a contravention of a prescribed expiable condition of a wastewater works approval, an expiation fee of $315 applies.
Regulation 13:

Sets out the requirements for operators and persons maintaining wastewater systems not to use or discharge wastewater except in accordance with the conditions of a wastewater works approval issued by the Council and any prescribed codes

Failure to comply is an offence to which a maximum penalty of $5,000 attaches. If the offence is as a result of a contravention of a prescribed expiable condition of a wastewater works approval, an expiation fee of $315 applies.
Regulation 24:

Enables the Council to refuse a wastewater works application.
Regulation 25 :

Enables the Council to approve a wastewater works application subject to any conditions that the Council sees fit to impose and that fall within the scope of section 25 of the Regulations.

The Council may vary or impose additional conditions upon an existing wastewater approval as it sees fit by way of written notice to the operator of a wastewater system. Where this occurs, the variation or imposition of the addition condition will take effect in accordance with regulation 25(7) of the
Regulations.
Regulation 28:
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
Gives Authorised Officers the power to enter premises and inspect, examine or test a wastewater system, including (but not limited to) for the purposes of determining whether the system is operating as required under the Regulations or whether it is necessary vary a condition of approval.
Regulation 29:

Allows the Council to issue a written notice to the operator of a wastewater system to obtain and provide the Council with an expert report addressing any matters specified in the Order, if the Council considers that the system may adversely affect or threaten public or environmental health.

Failure to comply with a notice is an offence to which a maximum penalty of
$5,000 applies. Further, in the event of non-compliance, the Council may obtain the required report (and the person authorised to do so may enter onto the land and inspect the system for these purposes) and recover the costs and expenses reasonably incurred.
The WI Act
The relevant sections of the WI Act and the WI Regulations pertaining to compliance and enforcement are:
Section 56:

Pursuant to this section, a person must not, without authorisation from the
Council, discharge any solid, liquid or gaseous material or any other item or thing into the Council’s CWMS that is likely to damage the CWMS discharge. Any trade waste discharges have the potential to damage the
Council’s CWMS system and for this reason, a section 6 authorisation is required to discharge trade waste into the Council’s CWMS. Further information is contained in the Council’s Trade Waste Discharge Policy the
Council may authorise a person to discharge trade waste into its CWMS infrastructure subject to any conditions it sees fit to impose.

The council may vary or revoke a section 56 authorisation at any time.

Failure to comply with a section 56 authorisation or the discharge of unauthorised trade waste into the Council’s CWMS is an offence in respect of which a maximum penalty of $25,000 and an expiation fee of $750 applies.

Allows the Council to recover costs and expenses incurred in rectifying any damage or loss caused to its CWMS infrastructure due to a contravention of section 56 from the person responsible for the contravention.
Section 58 provides the power for Council to:

Enables the Council to disconnect drains or restrict sewerage services to land if unauthorised material has been discharged into CWMS infrastructure or has been discharged in contravention of a section 56 authorisation.
Before taking such action the Council must comply with the requirements under the Regulations.
Section 62:
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
Co nfers power upon a council’s water industry officer to, at any reasonable time, enter and remain on private land comprising a trade waste system connected to the Council’s CWMS for any of the purposes prescribed under section 62(1) of the Act. This includes for the purposes of investigating whether there has been a breach of section 56 of the WI Act.
Regulation 41:

Prescribes the expiation fees for alleged offences against the WI Act, which council may impose for an alleged contravention of the WI Act.
Enforcement Options
The following options may be pursued by the Council where the operator of a trade waste wastewater system has failed to comply with his/her legislative obligations in respect of the operation of the system:

informal action by way of verbal discussion with the occupier/owner to rectify the problem via negotiation and cooperation. Records of all such discussions will be made by Council officers;

letter requesting necessary works or action be taken, and a suitable time frame allocated to complete the works. Relevant legislation should be referred to as well as the consequences of non-compliance (which may include the issue of expiation, statutory notice or prosecution proceedings);

the issue of a statutory notice or order requiring action to be taken. For example, the issue of a notice under section 92 of the SAPH Act to secure compliance with a requirements of the Regulations. If the requirements of a statutory notice or order are not complied with, the Council may exercise its powers to take action in default and recover the associated costs from the person who failed to comply.

the issue of an expiation fee for any expiable offence arising from the noncompliance. This may include an expiation notice for: o a breach of prescribed expiable condition attaching to a wastewater works approval under the Regulations; o a failure to comply with the requirements of a notice issued under section 92 of the SAPH Act; or o for an offence under the WI Act, including for a breach of a condition of a Section 56 Authorisation;.

w here unauthorised discharge results in damage to council’s infrastructure, the Council may recover reasonable costs and expenses incurred in addressing the damage or loss caused under the WI Act as a debt from the person responsible for the damage;

Council has the power to close off or disconnect drains from the sewerage infrastructure, or restrict the provision of any sewerage service to the land
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under section 58 of the WI Act. This may be applicable for high risk incidents to the CWMS such as toxic or damaging trade waste discharges;

Prosecuting an offence. A prosecution will only be pursued where there is a likely prospect of securing a conviction in respect of the offence and where such action is in the public interest. Ordinarily a prosecution will occur as a last resort if alternative enforcement options have not achieved the desired outcome or, if the breach is so serious that it warrants such action being taken. By way of example the following circumstances may warrant a prosecution: o where there has been a blatant and deliberate breach of the law that has placed public health or public safety at risk or has caused a person to suffer significant loss or damage; o the alleged breach is too serious to be dealt with by means of an expiation; or o where the alleged offender has an established and recorded history of committing the same or similar offences.
Council officers will have regard to the following considerations when determining which enforcement option is appropriate to address any breach of trade waste requirements:

the seriousness of the breach and whether it gives rise to an offence at law;

the degree of wilfulness involved on the person responsible for the breach;

past history of non-compliance and whether the breach is a once-off;

the consequence of non-compliance;

the likely effectiveness of the proposed enforcement option;

the need for general and specific deterrence to avoid further breaches;

the effect of the breach upon the community;

the need to ensure a consistent approach to enforcing similar breaches; and

the cost of
3. REVIEW
This Standard Operating Procedure will be every four (4) years or earlier in the event of changes to legislation or related Policies and Procedures or if deemed necessary by the Health & Public Safety Department.
4. ACCESS TO THE PROCEDURE
The Standard Operating Procedure is available to staff via the Policies &
Operating Guidelines section of the Intranet.
5. FURTHER INFORMATION
For further information on this Standard Operating Procedure, please contact:
Title:
Phone:
The Manager
XXX
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