LOCAL GOVERNMENT ACT 2009 - SECT 79 No trade waste or prohibited substances in stormwater drain

LOCAL GOVERNMENT ACT 2009 - SECT 79

79 No trade waste or prohibited substances in stormwater drain

(1) A person must not put trade waste into a stormwater drain.

Penalty—

Maximum penalty—1,000 penalty units.

(2)
"Trade waste" is waterborne waste from business, trade or manufacturing property, other than—

(a) stormwater; and

(b) a prohibited substance.

(3) A person must not put a prohibited substance into a stormwater drain.

Penalty—

Maximum penalty—1,000 penalty units.

(4) A
"prohibited substance" is—

(a) a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, a stormwater drain; or

Examples for paragraph (a)—

• ash, cinders, sand, mud, straw and shavings

• metal, glass and plastics

• paper and plastic dishes, cups and milk containers

• rags, feathers, tar and wood

• whole blood, paunch manure, hair and entrails

• oil and grease

• cement-laden wastewater, including wash down from exposed aggregate concrete surfaces

(b) a flammable or explosive solid, liquid or gaseous substance; or

(c) sewage, including human waste; or

(d) a substance that, given its quantity, is capable alone, or by interaction with another substance put into a stormwater drain, of—

(i) inhibiting or interfering with the stormwater drain; or

(ii) causing damage or a hazard to the stormwater drain; or

(iii) causing a hazard for humans or animals; or

(iv) creating a public nuisance; or

(v) creating a hazard in waters; or

(vi) contaminating the environment in places where stormwater is discharged or reused; or

Example for paragraph (d)—

a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property

(e) a substance that has a temperature of more than—

(i) if the local government has approved a maximum temperature for the substance—the approved maximum temperature; or

(ii) otherwise—38ºC.

(5) If—

(a) a person puts a prohibited substance in a local government’s stormwater drain; and

(b) the prohibited substance causes damage to the stormwater drain;

the local government may perform work to fix the damage, and may recover the reasonable costs for the work from the person who put the prohibited substance in the stormwater drain.

(6) The costs for the work are in addition to any penalty imposed for the offence.