Attention is drawn to section 128 of the Urban Councils Act[Chapter 214] which deals with the protection of public sewers and public drains. This section is published in this chapter for guidance purposes and in the case of any doubt the local authority should be consulted.

Section 128 of the Urban Councils Act [Chapter 214]

128. (1)No person shall, except with the consent of the council and subject to such conditions as it may impose-

a) construct any building or other structure over a public sewer or public drain or in such a position or in such a manner as to be likely to interfere with or endanger a public sewer or public drain; or

b) excavate, open up or remove the ground above, next to, under or near a public sewer or public drain; or

c) discharge or put into or permit to enter a public sewer or public drain any solid, liquid or gaseous substance which the council, by notice in writing to the person concerned, has prohibited from being discharged into that sewer or drain on the grounds that it is likely to injure or damage that sewer or drain, interfere with the free flow of sewage or drain, interfere with the free flow of sewage or storm-water or cause a nuisance or involve danger to the health of persons entering that sewer or drain or employed at the sewage works or to endanger, destroy or be injurious to the structure of any public sewer, public drain, sewage works or land or to the process used therein or thereon; or

d) discharge or put into or permit to enter a public sewer any storm-water; or

e) discharge or put into or permit to enter a public drain any sewage; or

f) make any opening into a public sewer or public drain; or

g) take any action which might injure, endanger or destroy a public sewer or public drain.

(2) The council may-

a) demolish, alter or otherwise deal with any building or other structure constructed in contravention of the provisions of subsection(1);

b) fill in or make good any ground excavated or removed in contravention of the provisions of subsection(1);

c) repair and make good any damage done in contravention of, or occasioned as a result of a contravention of, the provisions of subsection(1);

d) remove anything discharged or put into public sewer or public drain in contravention of the provisions of subsection(1) or which is injuring or endangering or likely to injure or endanger or destroy the public sewer or public drain;
and recover the expenses incurred by the council from the person guilty of such contravention.

(3) Where any person discharges or puts into or permits to enter a public sewer or public drain any solid, liquid or gaseous substance which is prohibited in by-laws, the council may recover the expenses incurred in-

a) removing; and

b) repairing and making good any damage done by; anything so discharged or put into permitted to enter a public sewer or public drain.