PART 4Discharge of a hazardous substance or non-hazardous pollutant

Discharge of a hazardous substance or non-hazardous pollutantI119

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

F1paragraph (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 197813;

c

a licence granted under Part II of the Food and Environment Protection Act 198514;

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 200215;

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 199316.