s 17 Order to stop discharge of dangerous or hazardous substance or trade effluent containing dangerous or hazardous substance
17.—(1) Where it appears to the Board that any dangerous or hazardous substance or any trade effluent containing any dangerous or hazardous substance is being or has been discharged into any public sewerage system or any drain‑line or sewer connected to a public sewerage system, the Board may, by order, direct the occupier of any premises from which the substance or trade effluent is being or has been discharged or any other person who, in the opinion of the Board, has caused or permitted the discharge —(a) to immediately cease the discharge of the substance or trade effluent into the public sewerage system or the drain‑line or sewer connected to a public sewerage system;[Act 38 of 2024 wef 01/03/2025] (b) to take such steps as may be specified in the order to treat the substance or trade effluent which is complained of; and (c) to immediately cease the carrying on of any process or work which produces the substance or trade effluent, either indefinitely or until such steps as are specified in the order have been taken to treat the substance or trade effluent before it is discharged into the public sewerage system or the drain‑line or sewer connected to a public sewerage system.[10/2012] [Act 38 of 2024 wef 01/03/2025] (2) Any person who is aggrieved by an order made by the Board under subsection (1) may, within 14 days from the date of service of the order, appeal in writing to the Minister, who may confirm, vary or rescind the order.[10/2012] (3) Even though an appeal has been made under subsection (2), an aggrieved person must comply with the order pending the outcome of the appeal to the Minister and the Board may exercise the powers conferred under subsection (5).[10/2012] (4) If any person to whom an order under subsection (1) is directed fails to comply with the order (called in this section the person in default), that person shall be guilty of an offence and shall be liable on conviction to a fine of at least $20,000 and not more than $100,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine of $2,000 for every day or part of a day during which the offence continues after conviction.[10/2012] [Act 38 of 2024 wef 01/03/2025] (5) Where the person in default fails to comply with the order made under subsection (1), an authorised officer may, at all reasonable hours in the day or night, or at such other time as may be agreed with the owner or occupier of the premises to which the order relates, enter the premises and take such measures and execute such work as may be necessary to secure compliance with the order but without affecting any proceedings that may be taken against the person in default under subsection (4).[10/2012] (6) Any expenses reasonably incurred by the Board under subsection (5) may be recovered from the person in default and section 48 and, if that person is the owner of the premises, section 50 applies in respect of those expenses. (7) Nothing in this section is deemed to prohibit the Board from carrying out any works specified in any such order at the request of a person who has been served with the order upon an undertaking by that person to pay the costs and expenses in executing the works.