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Another approach to water pollution prevention and control is by factoring in the water utilization permit process concern for the polluting impact of (a) "return flows" - i.e. the waste water or effluent which results from a permitted water utilization - on the water body into which the effluent is discharged, and (b) well drilling, on the quality of groundwater formations. This approach is evidenced in subsidiary legislation by a variety of techniques. These include specific requirements as to the documentary evidence to be submitted by applicants for a water utilization permit (I); standard obligations applicable to all water utilization permit holders in respect of the level and type of treatment required of the effluent resulting from a permitted use (II); procedural and substantive prescriptions which reflect specific concern for water pollution in the process of reviewing and deciding on permit applications for the use of water (III and IV), requirements to the effect that, in the formatting of water abstraction and use permits, terms and conditions be entered with specific regard to water pollution prevention and control (V and VI); and the grant of authority to curtail a water abstraction and use permit in the specific case of disregard by the permit holder of the permit's anti-pollution clauses (VII).

I - KENYA - Water (General) Rules

48. Whenever water is used, or proposed to be used, in any works or in any process whatsoever which, in the opinion of the Water Apportionment Board, may cause pollution or any of the things forbidden in rule 72 of these Rules, there shall be submitted, when so required by the Water Apportionment Board, a plan showing:

(a) the proposed or existing works for the disposal or purification of the effluent;

(b) a detailed description or specification of the works, methods or processes used or to be used in the purification of the effluent.

II - KENYA - Water (General) Rules

72. (1) The effluent from any works in which water is used in any process or for any purpose shall be returned to the body of water from which it is diverted or abstracted, or to such other body of water as may be authorized by the Water Apportionment Board, in such a degree of purity as will satisfy the Board, and the effluent shall contain no matter poisonous or otherwise likely to be injurious directly or indirectly to public health, to livestock or to crops or to orchards or gardens irrigated with such water, or to any product for which such water is used in any process whatsoever, and it shall not contain a burden of silt, gravel or boulders in excess of that normally at that time carried by the body of water from which it is diverted or abstracted.

(2) Any person the effluent from whose works does not comply with the provisions of this rule shall be guilty of an offence.

73. (1) When water s used in ore washing, hydraulic mining or similar processes which give rise to the harmful accumulation of silt, sand, stones or drift, efficient precautions, to the satisfaction of the Water Apportionment Board, shall be taken by the operator from time to time to keep such silt, sand, stones or drift from at any time entering into any body of water or into any watercourse or from encroaching upon any property other than that of the operator.

(2) Any operator who is aggrieved by the refusal of the Water Apportionment Board to approve such precautions as satisfactory may appeal from such refusal to the Water Resources Authority.

74. When water is used for the pulping, hulling or washing of coffee:

(a) the effluent shall be efficiently screened or separated in such manner that no coffee berry or portion thereof shall be returned to any body of water or into any watercourse, and the residue obtained by means of such screening or separation shall daily be removed to such place as may be approved from time to time by the Water Apportionment Board, so that there shall be no possibility of such residue at any time being washed into or, from any cause whatsoever, entering into or upon any watercourse or body of water; and, unless the contrary is specifically stated in the licence, sanction or permit, the place to which such residue shall be removed shall not be nearer to any obvious body of water or watercourse than fifty yards;

(b) the pulp separator or screen shall not be further away from the pulper than 100 feet, unless the contrary is specifically endorsed on the licence, sanction or permit;

(c) there shall be no surface flow or drainage from pulp dumps into any body of water or watercourse;

(d) there shall be constructed along the channel conveying the water from the pulp separator or screen to the body of water or watercourse several pits of such size as to reduce the velocity of the water to enable any solid matter in it to settle, and the sediment collected in such pits shall be removed daily to such place that there shall be no possibility of the sediment at any time being washed into or, from any cause whatsoever, entering into or upon any watercourse or body of water;

(e) the effluent from the first and second washings of the pulped coffee and effluent from the main tank shall be diverted into seepage pits, and such seepage pits shall be of sufficient capacity to deal with peak flow, and there shall be no direct flow from the seepage pits into any body of water or watercourse:

Provided that nothing in this rule shall relieve the operator of the necessity of complying with rule 72 of these Rules.

75. The Water Apportionment Board shall have authority to determine whether or not any sawdust, tailings, gravel, refuse, sewage, effluent from any works or any other material or substance of any kind being put, or proposed to be put, into any body of water or watercourse is prejudicing or will prejudice the beneficial use for any purpose of the water of such body of water or watercourse, or is impeding or interfering or may impede or interfere, with the natural flow of any body of water, and the Board may at any time and from time to time order any person not to put any such thing into or adjacent to such body of water or watercourse, and further may order the removal of any such matter from, or from any site adjacent to, any body of water or watercourse, and any person who refuses to obey such order shall be guilty of an offence.

III - PHILIPPINES - Water Rules and Regulations

4. All applications shall be filed in the prescribed form, sworn to by the applicant and supported by the following:

... (B) For a Water Permit for Hydraulic Power Development and Industrial Purposes, or for a Permit to Dump Mine Tailings or Wastes:

... 2) Brief description of project, including among others, how water will be used, amount of water needed for purpose, power expected to be generated if applicable, amount of water to be discharged back to the source and measures to be taken to insure that such waters are not polluted, other relevant information;...

9. (A) Investigation and Studies.

After seven (7) days from the first day of posting of notice at the office where the application is filed, the office concerned shall determine:

... 5) Environmental effects;..

10.... (C). Investigation and Studies - Upon receipt of the report on drilling operations, the investigating office shall consider the proposed withdrawal of ground water in relation to the following:

... 5) Danger of contamination of aquifers, deterioration of water quality or salt water intrusion;...

11. The Council shall approve or disapprove applications for water permits, within sixty (60) days after recept of recommendation of its deputized agent and other agencies requested to comment, unless a longer period is needed for the disposition of protests filed with the Council. In cases of application for industrial use or in cases of such other use where waters may become polluted, the Council shall refer the application to the National Pollution Control Commission for comment and recommendation. If deemed necessary, the Council shall refer the application to other agencies concerned as the case may be.

IV - TANZANIA - Water Utilization (General) Regulations, 1975

Form A - Application for Water Right - See Appendix I, page 283 (in particular, item No. 5 on the Form).

V - PHILIPPINES - Water Rules and Regulations

13. Water Permits issued by the Council shall be subject to such terms, restrictions and limitations as it may deem proper to impose, and to any, or all of the following conditions:

... (f) The Council shall revoke or suspend the permit if the permittee violates effluent/water quality standards as determined by the National Pollution Control Commission....

(i) Any person in control of a well shall prevent water containing mineral or other substances injurious to the health of humans or animals or to agriculture and vegetation from flowing onto the surface of the land or into any surface or into any other aquifer or porous stratum.

VI - MALAWI - Water Regulations, 1969

3. (1) The following covenants on the part of the grantee shall, unless otherwise expressly stated therein, be implied in every grant:

... (c) not to discharge or allow to be discharged into the said river or stream:

(i) any water of less purity than or of a temperature sensibly differing from the water in the said river or stream, or

(ii) any substance or matter which shall prejudicially affect the said river or stream or any fish contained therein which shall be or cause a nuisance;...

(2) For the purposes of this regulation "temperature sensibly differing" shall mean a difference in temperature which can be appreciated by the senses without the use of a thermometer.

4. The following conditions shall, unless expressly excluded therefrom be implied in every grant:

... (b) the water used under a grant and returned to any stream or body of water shall not be polluted with any matter derived from the course of the water to such an extent as to be liable to cause injury or damage whether directly or indirectly to the health of the public or to livestock animals, fish, crops, orchards or gardens by the use of consumption of or irrigation by such water or to any project in the processing of which such water is used;...

VII - LESOTHO - Water Resources Regulations, 1980

2. The Water Officer appointed under section 5(4) shall

... (c) Where water is used in contravention of the provisions of the Water Resources Act 1978 or where the user causes pollution, on the advice of the Minister, may revoke the permit, order corrective action or initiate prosecution. He shall then serve notice on the permit holder and offer him opportunity of being heard....

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