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12. Before 1st January 2012, a person who, other than under and in accordance with an environmental permit, uses a septic tank or sewage treatment plant with a discharge of 2 cubic metres per day or less of sewage effluent that results in the input of pollutants to groundwater is not guilty of an offence under regulation 38(1) unless—
(a)the regulator has served a notice on that person under paragraph 10 of this Schedule; and
(b)the notice has taken effect.
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