Groundwater Regulations 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/2746 |
| Year | 1998 |
in the case of this regulation and regulation 16(1) , on 2nd December 1998;in the case of regulation 23, on 1st January 1999;in the case of all other provisions, on 1st April 1999.(2) These Regulations do not extend to Northern Ireland.(3) In these Regulations–The Agency and the Secretary of State shall for the purposes of implementing the Groundwater Directive discharge their respective functions under these Regulations, Part II of the Control of Pollution Act 1974 (control of water pollution—Scotland) , Part III of the Water Resources Act 1991 (control of water pollution—England and Wales) and Part I of the Environmental Protection Act 1990 (integrated pollution control) in accordance with the following provisions of these Regulations. (1) An authorisation shall not be granted if it would permit the direct discharge of any substance in list I.the disposal, or tipping for the purpose of disposal, of any substance in list I which might lead to an indirect discharge of that substance; orany other activity on or in the ground which might lead to an indirect discharge of any substance in list I, unless that activity has been subjected to prior investigation.an authorisation shall not be granted if it would permit the indirect discharge of any substance in list I; andany authorisation granted must include conditions which require that all necessary technical precautions are observed to prevent an indirect discharge of any substance in list I.in the case of any discharge from a highway drain or road drain which contains any such substance, the powers conferred by section 86(1) of the Water Resources Act 1991 or section 30G(1) of the Control of Pollution Act 1974 (prohibition of certain discharges by notice) ;in the case of any activity falling within paragraph (2) (b) above and not falling within sub-paragraph (a) above, the powers conferred by regulation 19.the investigation reveals that the groundwater is permanently unsuitable for other uses (especially domestic or agricultural uses) , presence of that substance does not impede exploitation of ground resources and conditions are imposed which require that all technical precautions are observed to prevent that substance from reaching other aquatic systems or harming other ecosystems; orthe discharge is due to the re-injection into the same aquifer of water used for geothermal purposes, water pumped out of mines and quarries or water pumped out for civil engineering works.any direct discharge of any substance in list II;any disposal or tipping for the purpose of disposal of any substance in list II which might lead to an indirect discharge of that substance;any other activity on or in the ground which might lead to an indirect discharge of any substance in list II, unless that activity has been subjected to prior investigation.(2) An authorisation may only be granted if, in the light of any such investigation, it includes conditions which require that all necessary technical precautions are observed to prevent groundwater pollution by any substance in list II.in the case of any discharge from a highway drain or road drain which contains such substances, the powers conferred by section 86(1) of the Water Resources Act 1991 or section 30G(1) of the Control of Pollution Act 1974 (prohibition of certain discharges by notice) ;in the case of any activity falling within paragraph (1) (c) above and not falling within sub-paragraph (a) above, the powers conferred by regulation 19.Artificial...
- “the Groundwater Directive” means Council Directive 80/68/EEC;
- “the Agency”–
- (a) in relation to England and Wales, means the Environment Agency;
- (b) in relation to Scotland, means the Scottish Environment Protection Agency;
- “authorisation” means–
- (a) an authorisation under regulation 18 or 19;
- (b) a discharge consent within the meaning of section 91(8) of the Water Resources Act 1991;
- (c) a discharge consent under Part II of the Control of Pollution Act 1974; and
- (d) an authorisation under Part I of the Environmental Protection Act 1990 in relation to a process designated for central control under section 2 of that Act;
- “direct discharge” means the introduction into groundwater of any substance in list I or II without percolation through the ground or subsoil;
- “groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;
- “highway drain” means a drain which a highway authority or other person is entitled to keep open by virtue of section 100 of the Highways Act 1980 ;
- “indirect discharge” means the introduction into groundwater of any substance in list I or II after percolation through the ground or subsoil;
- “pollution” means the discharge by man, directly or indirectly, of substances or energy into groundwater, the results of which are such as to endanger human health or water supplies, harm living resources and the aquatic ecosystem or interfere with other legitimate uses of water;
- “road drain” means a drain which a roads authority is obliged or entitled to keep open by virtue of section 31 of the Roads (Scotland) Act 1984 ;
- “substance in list I” and “substance in list II” shall have the meaning given by paragraphs 1 and 2 of the Schedule to these Regulations (and paragraphs 3 and 4 of that Schedule shall have effect) ; and other expressions used in these Regulations which are also used in the Groundwater Directive shall have the same meaning as in that Directive.
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