Regulation 41 Amendment of the 2013 Regulations

(1)

The 2013 Regulations are amended in accordance with this regulation.

(2)

In regulation 2(1) (interpretation)—

(a)

for the definition of “hazardous substance” substitute—

““groundwater hazardous substance” means a substance identified in accordance with regulation 24A,”,

(b)

for the definition of “pollutant” substitute—

““pollutant” means any substance or heat liable to cause pollution to the water environment, including those listed in the schedule,”,

(c)

after the definition of “SEPA”, insert—

““substance” includes any chemical element and its compounds (including bacteria and other pathogens),”,

(3)

After regulation 24 (measures to prevent or limit inputs of pollutants into groundwater), insert—

“Identification of groundwater hazardous substances

24A.

(1)

SEPA must identify—

(a)

substances or groups of substances which are toxic, persistent and liable to bio-accumulate, and other substances or groups of substances which give rise to an equivalent level of concern, and

(b)

substances or groups of substances which are entering, or liable to enter groundwater.

(2)

In identifying the substances referred to in paragraph (1), SEPA must take particular account of substances belonging to the families or groups of pollutants referred to in paragraphs 1 to 6 of the schedule as well as substances belonging to the families or groups of pollutants referred to in paragraphs 7 to 9 of the schedule, if those are considered to be hazardous.

(3)

SEPA must publish and maintain a list of the substances identified in accordance with paragraph (1).”,

(4)

Schedule 20 of these Regulations is inserted as the schedule to the 2013 Regulations.