Perth Illicit Discharge Bylaws for Businesses
Introduction
Perth, Western Australia businesses must prevent unauthorised discharges to stormwater and the environment. Local councils and state agencies regulate spills, trade waste, and unlawful connections; understanding obligations reduces pollution risk and enforcement exposure. This guide explains the applicable enforcement roles, common breaches, practical compliance steps and how to report incidents.
Scope and Key Rules
Illicit discharges include any wastewater, chemicals, oils, soil, detergents or debris entering the stormwater system or natural waterways from a business premises without authorisation. Controls arise from council local laws, the Environmental Protection Act and approvals such as trade waste agreements for premises discharging to sewer.
Penalties & Enforcement
Who enforces unlawful discharges depends on the pathway and harm. Local government (by-law enforcement and environmental health officers) handle local drains and site-based offences, while the Department of Water and Environmental Regulation enforces state environmental law for pollution to land and waters.
Fine amounts and monetary penalties: not specified on the cited page for local council bylaws or state guidance; see official enforcement pages for particulars.[1]
Escalation and continuing offences: escalation steps (warnings, infringement notices, higher fines for repeat or continuing offences) are used by regulators, but exact ranges are not specified on the cited enforcement guidance.[1]
Non-monetary sanctions: regulators may issue clean-up or abatement notices, require remediation works, suspend business activities, seize pollutant materials or pursue court orders under state environmental laws.
Inspection, complaint and reporting pathways: businesses and members of the public must report spills and pollution to the state regulator online or phone; councils accept local reports and enforce local laws. To report pollution to the state regulator use the official report page. Report pollution[1]
Applications & Forms
Some businesses require formal approvals:
- Trade waste approval from Water Corporation for discharges to sewer; application details, fees and forms are published by the Water Corporation. Trade waste information[2]
- Local planning or building approvals if works affect drainage lines or require new connections; check council planning pages for application forms.
Compliance and Typical Actions
Practical steps for businesses to comply and reduce enforcement risk:
- Conduct a site audit of drainage, waste storage and washdown areas to identify discharge points.
- Install diversion, bunding and appropriate grease/oil interceptors on business premises to prevent pollutants reaching drains.
- Keep records of maintenance, inspections and staff training to show due diligence.
- Report any accidental release immediately to the council and state regulator using official contacts.
Common Violations
- Discharging oils, fuels or chemicals to the stormwater system.
- Allowing sediment and washwater from construction or vehicle cleaning to enter drains.
- Unauthorised connections of process drains to stormwater.
Defences and Discretion
Defences or reduced penalties can apply if a business demonstrates a reasonable excuse, immediate remediation, or that a permit or approval covers the activity. Specific permit types (for example trade waste approvals) can lawfully regulate certain discharges; check permit conditions carefully and retain documentation. Trade waste guidance[2]
Action Steps for Businesses
- Audit site and drainage within 30 days and document findings.
- Apply for any required trade waste approvals before discharging to sewer.
- Report spills immediately using official channels and keep incident records.
- If served with a notice, note appeal time limits and seek review promptly.
FAQ
- What is an illicit discharge?
- An illicit discharge is any unauthorised release of pollutants such as oil, chemicals, sediment or wastewater into stormwater drains or waterways from business premises.
- Who enforces illicit discharge rules in Perth?
- Local councils enforce local laws for drains and site compliance, while the Department of Water and Environmental Regulation enforces state pollution laws and responds to reported spills.
- How do I report a pollution incident?
- Report pollution to the state regulator using the official report pollution page, and notify your local council for local issues.
How-To
How to respond to an accidental discharge at your business:
- Stop the source of the release immediately if it is safe to do so.
- Contain the pollutant using absorbents, bunding or temporary barriers to prevent entry to drains.
- Report the incident to the state regulator and your local council and follow their instructions.
- Document the incident, clean-up actions and corrective measures for future prevention.
Key Takeaways
- Prevent discharges with physical controls and staff training.
- Keep thorough records to show compliance and prompt response to incidents.
Help and Support / Resources
- City of Perth main site
- City of Perth local laws and by-law enforcement
- City of Perth environmental health and compliance
- Water Corporation trade waste approvals