Regulation 19 Discharge of a hazardous substance or non-hazardous pollutantI1
Northern Ireland
It is an offence to cause or knowingly permit the discharge of any hazardous substance or non-hazardous pollutant in circumstances that might lead to an indirect input of that hazardous substance or non-hazardous pollutant into groundwater unless it is carried out under and in accordance with an authorisation granted by the Department under this regulation.
F1paragraph (1) does not apply to—
a discharge that requires a discharge consent within the meaning of Article 7A of the Water (Northern Ireland) Order 1999;
a disposal licence under Article 7 of the Pollution Control and Local Government (Northern Ireland) Order 1978f1;
a licence granted under Part II of the Food and Environment Protection Act 1985f2;
an authorisation granted under the Industrial Pollution Control (Northern Ireland) Order 1997;
a waste management licence granted under the Waste and Contaminated Land (Northern Ireland) Order 1997;
a permit granted under regulations under Article 4 of the Environment (Northern Ireland) Order 2002f3;
Article 226 of the Water and Sewerage Services (Northern Ireland) Order 2006;
any statutory order which expressly confers power to discharge effluent into water;
any prescribed statutory provision;
a disposal that requires an authorisation under section 13 of the Radioactive Substances Act 1993; or
the keeping or use of mobile radioactive apparatus that requires a registration under section 10 of that Act.
An operator of a road drain does not commit an offence under this regulation unless the Department has served a notice on that person under regulation 25 in relation to that discharge, and the person has failed to comply with that notice.
In this regulation a “road drain” means a drain which the Department is entitled to keep open by virtue of Article 45 of the Roads (Northern Ireland) Order 1993f4.
Annotations
Textual amendments
- F1
Word in reg. 19(2) substituted (with application in accordance with regs. 1(b), 4(1) of the amending Rule) by The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. 2017/81), reg. 1(a), Sch. 4 para. 4(10) (with reg. 37)