The Groundwater Regulations 1998

Measures to prevent the introduction into groundwater of list I substances

4.—(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 following powers shall be exercised if it is necessary to do so for the purpose of preventing the introduction into groundwater of substances in list I–

(a) 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);

(b) 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.

(5) 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 used for geothermal purposes, water pumped out of mines and quarries or water pumped out for civil engineering works.