| Statutory Instruments 1998 No. 2746 The Groundwater Regulations 1998 - continued |
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Amendment of the Waste Management Licensing Regulations
(b) by notice in writing served on the applicant, refuse the application and the notice shall state the Agency's reasons for refusal.
(4) The Agency may, by notice in writing served on the person holding an authorisation under this regulation, at any time vary or revoke the authorisation and a notice of variation or revocation shall state the Agency's reasons.
(b) that activity might lead to an indirect discharge of any substance in list I or pollution of groundwater as a result of an indirect discharge of any substance in list II,
the Agency may serve notice in writing on that person prohibiting him from carrying on that activity or authorising him to carry on that activity subject to such conditions as are specified in the notice and which are necessary to prevent an indirect discharge of any substance in list I or pollution of groundwater as a result of an indirect discharge of any substance in list II.
(b) in the case of a decision under regulation 19, within a period of 21 days,
beginning in either case with the date on which he was notified of the Agency's decision, or within such longer period as the Secretary of State may allow.
(b) the Agency has not notified the applicant of its decision in relation to that application within-
(ii) if the Agency and the applicant agree in writing to a longer period,
that period, the applicant may for the purposes of this regulation treat this as a refusal by the Agency of the application and appeal to the Secretary of State.
(3) An appeal under this regulation shall be made by the appellant serving notice in writing on the Secretary of State and the notice shall state the appellant's grounds of appeal.
(b) if requested to do so by the appellant or the Agency, afford them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(5) On determining an appeal under this regulation the Secretary of State shall have power to dismiss the appeal or to direct the Agency to take such steps in exercise of its powers under regulation 18 or 19 as the Secretary of State considers appropriate to give effect to his decision on the appeal.
(b) make such arrangements as they consider appropriate for publicising their approval or, as the case may be, its withdrawal.
(4) The Agency shall make appropriate arrangements for bringing each code of practice for the time being approved under paragraph (1) above to the attention of persons engaged in the relevant activity.
(b) any application for such an authorisation; (c) any variation or revocation of such an authorisation; (d) any notice under regulation 19; (e) any variation or revocation of any such notice; (f) any information furnished to the Agency for the purposes of regulation 18 or 19; (g) any monitoring information provided in connection with any authorisation under regulation 18 or 19; (h) any conviction for an offence under section 85 of the Water Resources Act 1991 or section 30F of the Control of Pollution Act 1974 by virtue of regulation 14(1); (i) any finding of the Agency under regulation 2(1)(c), any determination of the Agency under paragraph 1(2) or 2(2) of the Schedule to these Regulations, any notification by the Secretary of State under paragraph 3(2) of that Schedule and any summary published under regulation 2(2) or paragraph 4 of that Schedule; and (j) any code of practice for the time being approved under regulation 21 above.
(2) Nothing in paragraph (1) above shall require the Agency to keep on a register-
(b) other information which has been superseded by later information more than four years after that later information was entered on the register; or (c) information relating to an application for an authorisation under regulation 18 after the application has been withdrawn.
Transitional provisions
(b) an authorisation issued before 1st April 1999 in relation to the application shall have effect on and after that date as an authorisation under regulation 18.
(3) Where-
(b) the application relates to an activity which is substantially the same as an activity carried on by the applicant or his predecessor before that date at the place to which the application relates; the Agency shall be deemed to have given the authorisation applied for and the deemed authorisation shall continue in force until the application is finally disposed of or, if before that date a notice under regulation 19 is served on the applicant in relation to the activity in question, until the date of service of that notice.
(4) An application shall be treated as finally disposed of for the purposes of paragraph (1)(3) above on-
(b) if the Agency gives or refuses its authorisation, the expiration (without an appeal being made) of the time limit for appealing against that decision; or (c) if an appeal is duly made against the Agency's decision, the date on which that appeal is determined or withdrawn.
1. - (1) Subject to sub-paragraph (2) below, a substance is in list I if it belongs to one of the following families or groups of substances-
(b) organophosphorus compounds; (c) organotin compounds; (d) substances which possess carcinogenic, mutagenic or teratogenic properties in or via the aquatic environment (including substances which have those properties which would otherwise be in list II); (e) mercury and its compounds; (f) cadmium and its compounds; (g) mineral oils and hydrocarbons; (h) cyanides.
(2) A substance is not in list I if it has been determined by the Agency to be inappropriate to list I on the basis of a low risk of toxicity, persistence and bioaccumulation. 2. - (1) A substance is in list II if it could have a harmful effect on groundwater and it belongs to one of the following families or groups of substances-
(b) biocides and their derivatives not appearing in list I; (c) substances which have a deleterious effect on the taste or odour of groundwater, and compounds liable to cause the formation of such substances in such water and to render it unfit for human consumption; (d) toxic or persistent organic compounds of silicon, and substances which may cause the formation of such compounds in water, excluding those which are biologically harmless or are rapidly converted in water into harmless substances; (e) inorganic compounds of phosphorus and elemental phosphorus; (f) fluorides; (g) ammonia and nitrites.
(2) A substance is also in list II if-
(b) it has been determined by the Agency to be inappropriate to list I under paragraph 1(2); and (c) it has been determined by the Agency to be appropriate to list II having regard to toxicity, persistence and bioaccumulation.
3.
- (1) The Secretary of State may review any decision of the Agency in relation to the exercise of its powers under paragraph 1(2) or 2(2). (This note is not part of the Regulations) These Regulations complete the implementation of the Groundwater Directive (Council Directive 80/68/EEC) for England, Wales and Scotland. They supplement regulation 15 of the Waste Management Licensing Regulations 1994 and existing water pollution legislation. The Regulations require the Environment Agency, the Scottish Environment Protection Agency and the Secretary of State to use their new powers under the Regulations and their existing powers under Part II of the Control of Pollution Act 1974, Part III of the Water Resources Act 1991 and Part I of the Environmental Protection Act 1990 to prevent the direct or indirect discharge of list I substances to groundwater and to control pollution resulting from the direct or indirect discharge of list II substances (regulations 3 to 13). The new powers are conferred by regulations 14 and 18 to 21 which introduce-
(b) a new procedure for prohibiting or regulating by notice other activities in or on land which pose an indirect threat to groundwater from list I or II substances.
There are exclusions from the Regulations in relation to radioactive substances, domestic effluent from isolated dwellings, small quantities and concentrations of list I or II substances, and activities for which a waste management licence is required (regulation 2). There are also exceptions from the main controls (subject to certain safeguards) in relation to-
(b) water used for geothermal purposes or pumped out of mines, quarries or civil engineering works; and (c) artificial recharges of groundwater for management purposes (regulation 4(5) and 12).
The Regulations apply with modifications certain provisions of the Control of Pollution Act 1974, the Water Resources Act 1991, the Environmental Protection Act 1990 and the Environment Act 1995 and amend the Waste Management Licensing Regulations 1994 in connection with the new controls (regulations 14 to 17). Notes: [18] S.I. 1994/1056, to which there are amendments not relevant to these Regulations.back
ISBN 0 11 079799 X
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