{
  "url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2010/schedule-22/paragraph-3",
  "json_url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2010/schedule-22/paragraph-3.json",
  "legislation": "ukdsi/2010/9780111491423",
  "legislation_title": "The Environmental Permitting (England and Wales) Regulations 2010",
  "legislation_url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2010",
  "path": "schedule/22/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": "Meaning of “groundwater activity”",
  "text": "(1) Subject to sub-paragraphs (2) and (3), “groundwater activity” means any of the following—\n(a) the discharge of a pollutant that results in the direct input of that pollutant to groundwater;\n(b) the discharge of a pollutant in circumstances that might lead to an indirect input of that pollutant to groundwater;\n(c) any other discharge that might lead to the direct or indirect input of a pollutant to groundwater;\n(d) an activity in respect of which a notice under paragraph 10 has been served and has taken effect;\n(e) an activity that might lead to a discharge mentioned in paragraph (a), (b) or (c), where that activity is carried on as part of the operation of a regulated facility of another class.\n(2) A discharge or an activity that might lead to a discharge is not a “groundwater activity” if the discharge is—\n(a) made, or authorised to be made, by or under any prescribed statutory provision; or\n(b) of trade effluent or sewage effluent from a vessel.\n(3) The regulator may determine that a discharge, or an activity that might lead to a discharge, is not a groundwater activity if the input of the pollutant—\n(a) is the consequence of an accident or exceptional circumstances of natural cause that could not reasonably have been foreseen, avoided or mitigated;\n(b) is or would be of a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater; or\n(c) is or would be incapable, for technical reasons, of being prevented or limited without using—\n(i) measures that would increase risks to human health or to the quality of the environment as a whole, or\n(ii) disproportionately costly measures to remove quantities of pollutants from, or otherwise control their percolation in, contaminated ground or subsoil.\n(4) The regulator must keep a record of all determinations under sub-paragraph (3).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2010/9780111491423/schedule/22/paragraph/3",
    "retrieved_at": "2026-10-30T14:55:48.989463+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}