Under the terms of the Water (Northern Ireland) Order 1999, it is an offence to cause pollution of a waterway or groundwater. Where the source of pollution can be traced, it is the policy of the Environment and Heritage Service, where appropriate, to take action.
Article 7 (1) of the Order deals with the main pollution offence, which is 'a person commits an offence if, whether knowingly or otherwise he discharges or deposits any poisonous, noxious or polluting matter so that it enters a waterway or water contained in an underground strata'. A person guilty of an offence under this Article is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding £20,000 or to both.
Pollution incidents are investigated and then submitted to the Enforcement Team for a decision on the appropriate course of action to take. This can be the issuing of an enforcement warning letter or the instigation of prosecution proceedings. In cases where it is decided that prosecution is appropriate, EHS staff collect the necessary evidence and prepare a file which is submitted to the Office of the Director of Public Prosecutions.