What are the Groundwater Regulations?
The Groundwater Regulations control the disposal of List I and List II substances to groundwater.
-
List I substances are the most damaging and toxic, and must be prevented from directly or indirectly entering groundwater. They include:
- many pesticides and herbicides
- many solvents
- mineral oils and hydrocarbons
- cadmium and mercury.
Activities resulting in indirect discharges may be authorised, following prior investigation.
-
List II substances are less harmful, but must be controlled to prevent pollution of groundwater. They include:
- many metals, such as zinc, lead, copper
- many biocides
- phosphorus
- fluorides
- ammonia and nitrates
- anything that will make groundwater unfit to drink.
The regulators have further information on listed substances and detailed lists of designations.
In Scotland the requirements of the Groundwater Regulations have been included in the Water Environment (Controlled Activities) (Scotland) Regulations 2005 – also known as 'Controlled Activities Regulations' or 'CAR'.
How do these regulations affect me?
Deliberate disposals to groundwater
If you intend to dispose of listed substances in a way that might cause a discharge into groundwater you need an authorisation. This authorisation might be:
- a groundwater authorisation
- a discharge consent
- an environmental permit (England and Wales)
- an integrated pollution control (IPC) authorisation or pollution prevention and control (PPC) permit (Northern Ireland and Scotland)
- an authorisation under CAR (Scotland).
The type of authorisation will depend on the circumstances of the disposal.
Are any activities excluded from these regulations?
These regulations may not apply to the following activities:
- any discharge containing radioactive substances
- any discharge of domestic effluent from an isolated dwelling which is not connected to a sewerage system and which is situated outside any area protected for the abstraction of water for human consumption
- any activity for which a waste management licence is required
- any discharge deemed by your environmental regulator to contain insignificant quantities and concentrations of substances in List I or II.
You should contact your environmental regulator if you need advice.
Accidental discharges to groundwater
If you carry on, or propose to carry on, an activity on or in the ground, you must take all necessary measures to prevent an accidental discharge of listed substances to groundwater. The range of listed substances is very wide, therefore, many activities will potentially be affected.
Activities that can lead to pollution of groundwater as a result of an indirect discharge of listed substance include:
- storage or use of sheep dip or other agricultural pesticides
- storage or use of industrial chemicals
- storage of hydrocarbons such as oil
- operation of a dirty water drainage system
- operation of an oil pipeline, or underground oil-filled cable.
Your environmental regulator can serve a notice on you if you carry out such activities. The notice can prohibit you from carrying on the activity, or can permit you to continue, subject to conditions aimed at preventing harm to groundwater.
In this guideline:
