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LOCAL GOVERNMENT ACT 2009 - SECT 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.
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