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The Groundwater Regulations (Northern Ireland) 1998

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Measures to prevent the introduction into groundwater of list I substances

5.—(1) An authorisation shall not be granted if it would permit the direct discharge of any substance in list I.

(2) An authorisation shall not be granted in relation to–

(a)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; or

(b)any 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.

(3) In the light of any such investigation–

(a)an authorisation shall not be granted if it would permit the indirect discharge of any substance in list I; and

(b)any 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.

(4) The Department shall not grant its consent under Article 46(4) of the Roads (Northern Ireland) Order 1993 for the discharge of any substance in list I into a road drain if the discharge results in that substance entering into groundwater.

(5) The powers conferred by regulation 18 shall be exercised if it is necessary to do so in order to prevent an indirect discharge of any substance in list I due to activities mentioned in paragraph (2)(b).

(6) However, a discharge of any substance in list I into groundwater may be authorised after prior investigation if—

(a)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; or

(b)the discharge is due to the re-injection into the same aquifer of water use for geothermal purposes, water pumped out of mines and quarries or water pumped out for civil engineering works.

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