Groundwater Regulations (Northern Ireland) 2009

Discharge of a hazardous substance or non-hazardous pollutant

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) Sub 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(1);

(c) a licence granted under Part II of the Food and Environment Protection Act 1985(2);

(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(3);

(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(4).

(1)

S.I. 1978/1049 (N.I.19)

(2)

1985 c.48

(3)

S.I. 2002/3153 (N.I.7)

(4)

S.I. 1993/3160 (N.I.15)