Guidelines to Statutory Order on the Licensing Of Waste Water Discharges

10. Prohibition of the direct discharge of certain substances to the ground water

10.1 Prohibition of the direct discharge of certain substances  
10.2  Exemption  
10.3  Supervision
10.4  Right of appeal

10.1 Prohibition of the direct discharge of certain substances

Section 24 of the Statutory Order prohibits the discharge of certain substances directly into the ground water, except by percolation through the ground surface or subsoil.

The substances covered by this prohibition are specified in Schedule 1 to the Statutory Order.

This provision is an implementation of Council Directive 80/68/EC on the protection of groundwater against pollution caused by certain dangerous substances. The list of substances provided in Schedule 1 to the Statutory Order is identical with the list provided in Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community ("the Aquatic Environment Directive").

10.2 Exemption

Section 24(2) of the Statutory Order empowers the regional council to licence the discharge of the substances listed in Schedule 1 in certain circumstances. Exemption may only be granted for scientific purposes related to the characterisation, protection or rehabilitation of waters, and provided that the quantities in which these substances are discharged are strictly limited to those necessary to the scientific purposes concerned and are too small to affect the quality of the receiving ground water.

Thus, such licences may only be issued after an examination of the overall aquatic environment into which the substances are to be discharged, including an assessment of the polluting effect of the discharge on the ground water resource.

10.3 Supervision

It is a condition for exemption that the regional authorities check that the conditions stipulated in the licence are complied with. In addition, the regional authorities should monitor the effects of the discharge on the ground water on a regular basis.

10. 4 Right of appeal

Refusal by the regional authority to grant a discharge licence or an exemption therefrom may be brought before the Environmental Protection Agency in accordance with the general rules set out in the Environmental Protection Act, cf. section 91 of the said Act.