Asda fined £7,500 for polluting river

Conor McGlone
04 Dec 2019

Asda has been fined for polluting a river in Northern Ireland, following an investigation by the environment agency.

The supermarket was fined £7,500 at Belfast Magistrates' Court after pleading guilty to polluting the County Antrim river.

The court heard that in February 2019 Northern Ireland Environment Agency (NIEA) investigators found evidence of a spill of red diesel in the delivery yard of the Asda Ballyclare Superstore site.

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The Water and Sewerage Services (Northern Ireland) Order 2006 (SI 2006/3336) (NI 21)

In force/
Current
Legislation
Northern Ireland
Published
10 May 2016

Commentary

13/04/2014 Amending Act Environmental Better Regulation Act (Northern Ireland) 2016 published.
08/12/2016 Amending Regulations (SR 2016/422) published., 27/01/2017 Amending Regulations (SR 2017/33) published.

Compliance Dates

01/01/2007 Part 1;article 201(11) to (13);Part X (together with Schedule 11) and articles 300, 302, 306 and 307 come into force
01/04/2007 The transfer date mentioned in the Article 270(2), 16/06/2010 Articles 70, 71 and 72 concerning water resources management plans come into force (see SR 2010/216)

Legal Status

This Order transfers responsibility for delivery of water and sewerage services on 1 April 2007 from the Northern Ireland Department of the Environment (DOENI) to a government-owned company (GoCo), who is appointed as (initially the sole) water undertaker and sewerage undertaker for the whole of Northern Ireland. The Order, among other things, places general and specific duties on the GoCo as a water and sewerage undertaker and provide detailed statutory powers to enable water and sewerage undertakers to carry out their duties, with suitable safeguards for customers. Certain provisions of this Order come into force on 1 January 2007, while the remainder come into force in accordance with Commencement Orders (see ELCM Legal Outline). The Order has been subsequently amended by the Environmental Better Regulation Act (Northern Ireland) 2016 and the Water Meters Regulations (Northern Ireland) 2016 (SR 2016/422).

Legal Outline

This Order:
  • establishes a regulatory regime, including a system of regulatory controls in relation to supply obligations, drinking water quality standards, trade effluent and sewage disposal, charges and customer levels of service;
  • sets out a framework for making charges and provides for appropriate mechanisms to deal with customer complaints; and
  • includes provisions on private water supplies, for which DOENI will continue to have regulatory responsibility.

This Order amends:

  • the Water (Northern Ireland) Order 1999 (SI 1999/662), so as to update and expand DOENI's functions relating to environmental regulation.

This Order is amended by:

Commencement:

Date

Provisions brought into force

Statutory Instrument

1 January 2007

·               Part 1,

·               Article 201(11) to (13);

·               Part X (together with Schedule 11);

·               Articles 300, 302, 306 and 307; and

·               so much of any other provision of this Order as confers power on a Northern Ireland department to make Regulations or Orders or makes provision with respect to the exercise of any such power.

Water and Sewerage Services (Northern Ireland) Order 2006 (SI 2006/3336) (NI 21)

 

22 March 2007

·               Article 13 (partially);

·               Article 18;

·               Article 19 (partially); and

·               Article 288, (partially).

The Water and Sewerage Services (2006 Order) (Commencement No. 1 and Transitional Provisions) Order (Northern Ireland) 2007 (SR 2007/194)

1 April 2007

·               Part II (partially);

·               Part III Chapter I (partially);

·               Part III Chapter II and Schedule 1 (partially);

·               Part III Chapter III;

·               Part III Chapter IV;

·               Part IV Chapter I (partially);

·               Part IV Chapter II and Schedules 2 and 3 (partially);

·               Part IV Chapter III and Schedule 4 (partially);

·               Part IV Chapter V;

·               Part V Chapter I and Schedules 5 and 6

·               Part V Chapter II

·               Part VI Chapter I

·               Part VI Chapter II (partially)

·               Part VI Chapter III

·               Part VII Chapter I (partially)

·               Part VII Chapter II

·               Part VIII and Schedule 4, (partially)

·               Part IX (partially)

·               Part XI (partially)

·               Part XII (partially)

The Water and Sewerage Services (2006 Order) (Commencement No. 1 and Transitional Provisions) Order (Northern Ireland) 2007 (SR 2007/194)

25 May 2007

·               Article 280 (Pollution of water);

·               Article 290 (Discharge consents);

·               Article 291 (Minor amendments);

·               Article 308(1) and Schedule 12 (Amendments); and

·               Article 308(2) and Schedule 13 (Repeals).

The Water and Sewerage Services (2006 Order) (Commencement No. 2) Order (Northern Ireland) 2007 (SR 2007/282)

16 June 2010

·               Article 70 (Water resources management plans: preparation and review);

·               Article 71 (Water resource management plans: publication and representations); and

·               Article 72 (Water resource management plans: supplementary).

The Water and Sewerage Services (2006 Order) (Commencement No. 3) Order (Northern Ireland) 2010 (SR 2010/216)

 

Characteristics

Subject

Land and development Waste Water

Source

OPSI (Office of Public Sector Information)

Affected Sectors

Cross-sector Water Waste and Cleaning
ECM

The Water and Sewerage Services (Northern Ireland) Order 2006 (SI 2006/3336) (NI 21)

Document Status: In force/Current

Scope: Northern Ireland

Key Dates SHOW

Commentary:

13/04/2014 Amending Act Environmental Better Regulation Act (Northern Ireland) 2016 published.
08/12/2016 Amending Regulations (SR 2016/422) published., 27/01/2017 Amending Regulations (SR 2017/33) published.

Compliance:

01/01/2007 Part 1;article 201(11) to (13);Part X (together with Schedule 11) and articles 300, 302, 306 and 307 come into force
01/04/2007 The transfer date mentioned in the Article 270(2), 16/06/2010 Articles 70, 71 and 72 concerning water resources management plans come into force (see SR 2010/216)
Legal Status SHOW

Legal Status

This Order transfers responsibility for delivery of water and sewerage services on 1 April 2007 from the Northern Ireland Department of the Environment (DOENI) to a government-owned company (GoCo), who is appointed as (initially the sole) water undertaker and sewerage undertaker for the whole of Northern Ireland. The Order, among other things, places general and specific duties on the GoCo as a water and sewerage undertaker and provide detailed statutory powers to enable water and sewerage undertakers to carry out their duties, with suitable safeguards for customers. Certain provisions of this Order come into force on 1 January 2007, while the remainder come into force in accordance with Commencement Orders (see ELCM Legal Outline). The Order has been subsequently amended by the Environmental Better Regulation Act (Northern Ireland) 2016 and the Water Meters Regulations (Northern Ireland) 2016 (SR 2016/422).

Legal Outline

This Order:
  • establishes a regulatory regime, including a system of regulatory controls in relation to supply obligations, drinking water quality standards, trade effluent and sewage disposal, charges and customer levels of service;
  • sets out a framework for making charges and provides for appropriate mechanisms to deal with customer complaints; and
  • includes provisions on private water supplies, for which DOENI will continue to have regulatory responsibility.

This Order amends:

  • the Water (Northern Ireland) Order 1999 (SI 1999/662), so as to update and expand DOENI's functions relating to environmental regulation.

This Order is amended by:

Commencement:

Date

Provisions brought into force

Statutory Instrument

1 January 2007

·               Part 1,

·               Article 201(11) to (13);

·               Part X (together with Schedule 11);

·               Articles 300, 302, 306 and 307; and

·               so much of any other provision of this Order as confers power on a Northern Ireland department to make Regulations or Orders or makes provision with respect to the exercise of any such power.

Water and Sewerage Services (Northern Ireland) Order 2006 (SI 2006/3336) (NI 21)

 

22 March 2007

·               Article 13 (partially);

·               Article 18;

·               Article 19 (partially); and

·               Article 288, (partially).

The Water and Sewerage Services (2006 Order) (Commencement No. 1 and Transitional Provisions) Order (Northern Ireland) 2007 (SR 2007/194)

1 April 2007

·               Part II (partially);

·               Part III Chapter I (partially);

·               Part III Chapter II and Schedule 1 (partially);

·               Part III Chapter III;

·               Part III Chapter IV;

·               Part IV Chapter I (partially);

·               Part IV Chapter II and Schedules 2 and 3 (partially);

·               Part IV Chapter III and Schedule 4 (partially);

·               Part IV Chapter V;

·               Part V Chapter I and Schedules 5 and 6

·               Part V Chapter II

·               Part VI Chapter I

·               Part VI Chapter II (partially)

·               Part VI Chapter III

·               Part VII Chapter I (partially)

·               Part VII Chapter II

·               Part VIII and Schedule 4, (partially)

·               Part IX (partially)

·               Part XI (partially)

·               Part XII (partially)

The Water and Sewerage Services (2006 Order) (Commencement No. 1 and Transitional Provisions) Order (Northern Ireland) 2007 (SR 2007/194)

25 May 2007

·               Article 280 (Pollution of water);

·               Article 290 (Discharge consents);

·               Article 291 (Minor amendments);

·               Article 308(1) and Schedule 12 (Amendments); and

·               Article 308(2) and Schedule 13 (Repeals).

The Water and Sewerage Services (2006 Order) (Commencement No. 2) Order (Northern Ireland) 2007 (SR 2007/282)

16 June 2010

·               Article 70 (Water resources management plans: preparation and review);

·               Article 71 (Water resource management plans: publication and representations); and

·               Article 72 (Water resource management plans: supplementary).

The Water and Sewerage Services (2006 Order) (Commencement No. 3) Order (Northern Ireland) 2010 (SR 2010/216)

 

For a complete overview:

View ENDS Summary

The investigators followed the pollution to a culvert discharge to the nearby Sixmilewater where they observed red diesel actively discharging into the river.

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