Discharge of a hazardous substance or non-hazardous pollutantN.I.
This section has no associated Explanatory Memorandum
19.—(1) It is an offence to cause or knowingly permit the discharge of any hazardous substance or non-hazardous pollutant in circumstances that might lead to an indirect input of that hazardous substance or non-hazardous pollutant into groundwater unless it is carried out under and in accordance with an authorisation granted by the Department under this regulation.
(2) [paragraph] (1) does not apply to—
(a)a discharge that requires a discharge consent within the meaning of Article 7A of the Water (Northern Ireland) Order 1999;
(b)a disposal licence under Article 7 of the Pollution Control and Local Government (Northern Ireland) Order 1978();
(c)a licence granted under Part II of the Food and Environment Protection Act 1985();
(d)an authorisation granted under the Industrial Pollution Control (Northern Ireland) Order 1997;
(e)a waste management licence granted under the Waste and Contaminated Land (Northern Ireland) Order 1997;
(f)a permit granted under regulations under Article 4 of the Environment (Northern Ireland) Order 2002();
(g)Article 226 of the Water and Sewerage Services (Northern Ireland) Order 2006;
(h)any statutory order which expressly confers power to discharge effluent into water;
(i)any prescribed statutory provision;
(j)a disposal that requires an authorisation under section 13 of the Radioactive Substances Act 1993; or
(k)the keeping or use of mobile radioactive apparatus that requires a registration under section 10 of that Act.
(3) An operator of a road drain does not commit an offence under this regulation unless the Department has served a notice on that person under regulation 25 in relation to that discharge, and the person has failed to comply with that notice.
(4) In this regulation a “road drain” means a drain which the Department is entitled to keep open by virtue of Article 45 of the Roads (Northern Ireland) Order 1993().
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Commencement Information