Environmental Update (November 2009)
New Groundwater (England and Wales) Regulations 2010
The new Groundwater (England and Wales) Regulations 2009 revoke
and replace the Groundwater Regulations 1998 and implement an EU
Directive which requires the prevention or limitation of certain
substances into groundwater.
The main changes as a result of the new Regulations include the
replacing of 'List I' and 'List II' dangerous substances under the
1998 Regulations by definitions of "hazardous substances"
and "non-hazardous pollutants".
A hazardous substance is defined as any substance or group of
substances that are toxic, persistent and liable to
bio-accumulate. A non-hazardous pollutant is defined as any
pollutant other than a hazardous substance.
The Regulations require inputs of hazardous substances to
groundwater to be prevented and inputs of non-hazardous substances
to be limited so as not to cause pollution.
The replacement of the prescriptive lists of specific
substances with a general definition opens the door for a broader
range of pollutants to be brought within the groundwater protection
regime.
Previously exempt discharges of radioactive substances and
domestic discharges of less than 2m3 per day from
isolated dwellings not connected to the sewage system (i.e. septic
tanks) have been brought within the groundwater protection
regime.
The Environment Agency is to provide guidance on the obligation
to prevent discharges of hazardous substances to groundwater, since
complete prevention is rarely feasible. The regulations may
allow the Environment Agency to grant an exemption from the need
for a permit for inputs of pollutants that cannot, for technical
reasons, be prevented or limited without disproportionate cost, or
using measures which would increase risks to human health or the
environment as a whole.