Regulations for the protection of groundwater against pollution caused by certain dangerous substances, 2002 (L.N. No. 203 of 2002)

B 3068 lntetptt1adoft, L.N. 203 of 2002 MALTA RESOURCFS AUTHORITY ACT, 2000 (ACT NO. XXV OF 2000) Regulations for the Protection of Groundwater against Pollution caused by Certain Dangerous Substances, 2002 BY virtue of 1he powers conferred by article 28(1) of the, Malta Resources Authority Act, 2002, hereinafler referred lo as "the Act'', the Mmister for Kesources and lnfrastruclUre, in consullation wilh lhe Malta Resources Aulhority, has made 1he following regulations: 1. (I) The title or 1bese regulations is Regulations for the Protection of Groundwater against Pollution caused by Certain Dangerous Substances, 2002. (2) (a) These regulations sh;ll come into force on such date as the Minister may by ootice in the Gazette appoint and different dales may be so appointed for different provisions and different purposes of these regulations. (b) A notice under paragraph (a) of this sub-regulation may make such transitional provisions as appear to the Minister to be necessary or expedient in connection with the provisions thereby brought into force. (3) These regulations are aimed at the prevention of the pollution of g;roundwater by substaneos belonging to the families and groups of subslances in lislS I or Il in lhe Schedule, hereinafter referred to as "substances in lists I or II", and as far as possible to check or eliminate the consequences of pollution which bas already occurred. 2. (I) Io lhese regulations, unless the con1ext otherwise requires: "competentaulhority" means theMallaResourcesAulbority; "direct discharge" means the introduction into groundwater of substances in lists I or II without percolation through lhe ground or subsoil; "groundwater" means all water which is below the surface of the ground in lhe saturation zone and in direct cootacl with the eround or subsoil: "indirect discharge" means the introduction into groundwater of substanees in lists I or Il afler percolation lb.rough the ground or subsoil; "Minister" means the Minister responsible for resources; "pollution" means the discharge by man, directly or indirectly, of substances or energy into groundwater, the results of which are such as to endanger human health or water supplies, harm living resources and the aquatic ecosystem or interfere with other legitimate uses of water. 3. These ~gulations shall not apply 10: (a) discharges of domestic effluents from isolated dwellings not connected to a sewerage system and situated outside areas protected for the abstraction of water for human consumption; (b) discharges which are found by the competent authority concerned to contain substances in lists I or ll in a quantity and concentration so small as to obviate any present or futu,e danger of deterioration in the quality of the receiving groundwater; (c) discharges of matter containing radioactive substances. B 3069 App&,l,ilioy. 4, (I) In virtue of th~e regulations all direct discharge of ~-' substances in list I shall be prohibiled. :=:: (2) Furthermore tho competent authority shaU: (a) subject to prior investigation any disposal or tipping for the purpose of dispos,il of these subslllnces which might lead to indirect discharge. In the light of that investigation, !he competent authority shall prohibit such activity or shall grant authorisation provided that all the technical precautions necessary to prevent such discharge are observed, (b) take all appropriate measures it deems ncc-.e.«ary to prevent any indirect discharge of substances in list I due to activities on or in the ground other than !hose mentioned in paragraph (a): Provided !hat should prior investigation reveal that the groundwater into which the discharge of substances in list I is envisaged is permanently unsuitahle for other uses. especially domestic or agricultural, the competent authority ma,y authorise !he discharge of these substances provided that their presence does not impede exploitation of ground resources. These authorisations may be granted B 3070 Dispooals and di5Cbor&ef ,1.1bject to prlc,r lnv~dpdun. Ar1irteial rcehart;.cs for the putS>09C of pound....., m3tl-ctnctll. Add.itioial examinatiom. Requisite or wrveillaoco, only if all technical precautions have been taken to ensure that these substances cannot reach other aquatic systems or harni other ecosystems. (3) The competent authority may, after prior investigation, authorise discharges due to re-injection into the same aquifer of water used for geothennal purposes, water pumped out of mines and quarries or water pumped out for civil engineering works. 5. {I) ThecompetentauthorityshaJI maketbefollowiogsubject to prior investigation: (a) the direct discharge of substances in list TI, (b) the disposal or tipping for the pnrpose of disposal of said substances, which disposal might lead to indirect discharge. Iu vit::w of suclJ p1io1 investigation, the competent authority may grant an aul11orisation, provided that all the technical precautions for preventing groundwater pollution by these substances are observed. (2) The competent authority jball take tbe appropriate measures it deems necessary to limit all indirect discharge of substances in listll, due to activities on or in the ground other than those mentioned in the sub-regulation (l) of this article. 6. Notwithstanding articles 4 and 5 of these regulations, artificial recharges for the purpose of groundwater management shall be subject to a special authorisation issued by the competent authority on a case by case basis. Such aud,orisation sball be granted only if th~.,., is no risk of polluting the groundwater. 7. The prior investig.tions referred to in articles 4 and 5 of these regulations, shall include examination of the hydro geological conditions of the area concerned, the possible purifying powers of the soil and snhsoil and the risk of pollution and alteration of the quality of the groundwater from the discharge and shall establish whether the discharge of substances into groundwater is a satisfactory solution from the point of view of the environment. 8. The authorisations referred to in articles 4, 5 and 6 of these regulations. may not be issued by the competent authority until it has been checked that the groundwater, and in particular ilS qua! icy, will undergo the requisite surveillance. 9. When direct discharge is authorised in accordance with regulation 4(2) and (3) or regulation 5 of these regulations, or when waste water disposal which inevitably causes indirect discharge is authorized in accordance with regulation 5, the authorisation sball specify in particular: (a) the place of discharge, (b) the method of discharge, (c) essential precautions, particular attention being paid to the nature and concentration of the substances present in the effluents, the characteristics of the receiving environment and the proximity ofwatercatcbment areas, in particular those fordrlnking, themial and mineral water, (d) the maximum quantity of a substance permissible in an effluent during one or more specified periods of time and the appropriate requirementS as to the concentration of these substances, (e) the arrangements enabling effluents discharged into groumlwatcr Lu 1"' monitored, (f) where necessary, the measures for monitoring groundwater, and in particular its quality. 10. When disposal or tipping for the purpose of disposal which might lead to indirect (lisohru-ge is authorised in accordance with regulations 4 or 5 of these regulations, aulhorisation shall specify in particular: (a) the place where such disposal or tipping is done, (b) tbe methods of disposal or tipping used. (c) essential precautions, particular attention being paid [O the nature and concenrrnlion of the substances present in the matter to be tipped or disposed of, the characteristics of the receiving environment and lhe proJtimity of water catchment areas, in particular tbose for drinking. thermal and mineral water, (d) lhe maximum quantity permissible, during one or more ,pecified periods of time. of the matter containing substances in lists I or II aod, where possible, of tbQse substances themselves, to be tipped or disposed of and the appropriate requirements as to the concentration of !hose substances, B 3071 Ocwbcobc J?Kimd (or particvlar di;cbarges. Oct,l1$ IO I» ,poarte.1 it1 I.be case or disposal ltlll. migl,11...,., iodircc:c diKho~. B 3072 Dltlllboo of autboris3tioos. ,..,.,,., ... wii.lmrn~I or •utfloris~io11. Monlloring of complia .... Tronsitory j)(OVision. Lnvemory. No p0Uudo11 of gru11Dd11i.·atct. OJT-,uodu tbcsc regubiioos. (e) in the cases referred to in article 4 (I) and article 5 (1) of these regulations, the technical precautions to be implemented to prevent any discharge into groundwater of substances in list I and any pollution of such water by substances in list II, (f) if necessary, the measures for monitoring the groundwater, and in particular its quality. 11. The authorisations referred to in regulations 4 and 5 of these regulations, may be granted for a limited period only, and shall be reviewed at least every four years. They may be renewed, amended or withdrawn. 12. (1) If the person requesting an authorisation as referred to in regulations 4 or 5 of these regulations, states that he is unable to comply with the conditions laid down, or if this situation is evident to the competent authority, authorisation shall be refused. (2) Should the conditions laid down in an authorisation not be complied with, the Authority sl'lall take appropriate steps to ensure that these conditions are fulfilled and if neaessary, it shall withdraw the authorisation. 13. The competent authority shall monitor compliance with the conditions laid down in the authorisations and the effects of discharges on groundwater. l4. As regards discharges of the substances in lists I or II already occurring at I.he time or the entry into fur1.-., ur lbcse rci;ulations, the competent authority may stipulate a period on the expiry of which the discharges in question must comply with these regulations, 15. The competent authority shall keep an inventory of the authorisations, referred to in regulation 4 of these regulations, of di$Chargcs of substances in list I.. of the authorisations, referred to in regulation 5, of direct discharges of substances in list Il, and of the authorisations referred to in regulation 6 of these regulations. 16. The application of the measures taken pursuant to these regulations may on no account lead, either directly or indirectly, to pollution of groundwater. 17. Any person shall be guilty of an offence under these regulations if: (a) he fails to comply with any provision of these regulations or with any order lawfully given in reans of any provision of these regulations; or (b) he contravenes uny restriction, prohibition or requirement imposed by or under these regulations: or (c) be acts in cuntntventiuu of any ofU1e vroYisiousof Ulese regulations; or (d) be conspire.s or attempts, or aids, or abets, any other person by whatever means, including advertising, counselling or procurement to contr,1vene the provisions of these regulations or to fail to comply with any socb proYisions, including any order lawfully given in terms of any of the provision of these regulations, or LO contravene any restriction, prohibition or requirement imposed by or under the said regulations. B 3073 18. Any person who commits an offence against these regulations f<ru,J<ies. shnll, on conviction, be liable: (a) on a first conviction LO a fine (mu/ta) of not less than Cive hundred lifi but not exceeding one thousand liri; (b) on a second or subsequent convictions, to a fine (mulla) of not less 1Jrnn one thousand liri hut not exceeding two thousand liri, or to imprisonment for a term not exceeding two years, or lO both such fine and imprisonment Provided that whenever any person is found guilty of committing an offence under these regulations by means of a vehicle. the owner of the said vehicle, where applicable, is held liable in the same maner and degree. Provided further that the court shall order any person who has been found guilty of committing an offence against these regulations to pay for the expenses incurred by the competent authority as a result of the said offence, the revocation of the peanit issued by the competent authority and the confiscation of the corpus delicti, including the vehicle, where applicable. 19. ( I) The provisions of article 23 and sub-article (I) ofarticle Applicabm1y or."' 30 of the Criminal Code shall, mutatis mutandis, apply to proceedings, CmunaJ Code, in respect of offences against these regulations, so however that the C.p.9. disqualification from holding or obtain a licence, permit or authority shall in no case be for less than one year. B 3074 (2) Nolwitbstanding lhe provisions of article 370 of the Criminal Code, proceedings for an offence against lhese regulations shall be taken before tl1e Court of Magistrates (Maita) or lhe Court of Magistrates (Gozo), as the case may be, and shall be in accordance wilh lhe provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature. (3) Nolwilhstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given by the Court of Magistrates (Malta) or the Court of Magistrates (Gow) in respect of proceedings for any offence against these regulations. B 3075 Schedule LIST I OF FAMILIES AND GROUPS OF SUBSTANCES List 1 contains the individual substances which belong to the families and groups of substances enumerated below, with the exception of those which are considered inappropriate to list I on the basis of a low risk of toxicity, persistence and bioaccu mu lation. Such substances which with regard to toxicity, persistence and bioaccu.mulation ace appropriate to list II are to be classed in list ll. I. Organohalogen compounds and substances which may form such compounds in the aquatic environment 2. Organophosphorus compounds 3. Organotin compounds 4. Substances which possess =cinogenic mutagcnic or teratogenic, propc,rties in or via the aquatic environment 1 S. Mercury and its compounds 6. Cadmium and its compounds 7. Mineral oils and hydrocarbons 8. Cyanides. UST TT OF FAMTLTES AND GROUPS OF SUBSTANCES List [I contains the individual substances and the categories of substances belonging ro the families and groups of substances listed below which could have a harmful effect on groundwater. 1. The following metalloids and metals and their compounds: a) Zinc b) Copper c) Nickel d) Chrome e) Lead f) Selenium ' Whcst ccr1al.n u11)s1a.oocs in list If a.re caruinog eaic. ml.ll.a.gtnieot ccratogcnlc, they care ioclOOCd in en.it-gory 4 of 1his lbt B 3076 g) Arsenic b) Antimony i) Molybdenum j) Titanium k) Tm I) Barium m) Beryllium n) Boron o) Uranium p) Vanadium q) Cobalt r) Thallium s) Tellurium t) Silver. 2. Biocides and their derivatives not appearing in list I . 3. Substances which have a deleterious effect on the taste and/or odour of groundwater, and compounds liable to cause the foonation of such subsiaoces in such water and to render it unfit for human consumption. 4. Toxic or persistent organic compounds of silicon, and substances which may c.au.')~•thc furrnatiun uf such l:ompounds iu wat.i;:r, c:.xcluiling. I.hose which arc biologically hannless or are rapidly converted in water into harmless substances. 5. Inorganic compounds of phosphorus and clemcn,al phosphorus. 6. Fluorides. 7. Ammonia and nitrites.