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Annex 4 SMR 2: Groundwater Regulations 1998
Requirement | Definition - Description and
Measurement of the extent of non-compliance | Extent -
On farm/Off farm | Severity -
Minimum/Medium/High | Permanence -
Rectifiable (minor)/ Rectifiable/Permanent |
|---|
Under the Groundwater Regulations 1998 in Scotland the farmer or their contractor must: Ensure that an authorisation is in place to allow or carry out a disposal of List I or List II substances, such as waste sheep dip and/or pesticide washings to land; Comply with the conditions of any authorisation granted under the Regulations by SEPA. Prevent an indirect discharge of List I or pollution of groundwater by an indirect discharge of List II substances from any non-disposal activity carried in or on the ground. Comply with the conditions of any Notice served under the Regulations. | The farmer has carried out or permitted unauthorised disposal of waste sheep dip or pesticide washings or other list I substances. | Can have an on-farm or off-farm effect. | Minimum - site would have been authorised as suitable. Medium - site suitability uncertain. High - site unsuitable for disposal. | In most cases: Rectifiable In extreme cases: Permanent |
The farmer has carried out or permitted unauthorised disposal of other List II substances. | Can have an on-farm or off-farm effect | Minimum ( WL) - SEPA determine that the risk of pollution of groundwater is low. Minimum - SEPA determine that the risk of pollution to groundwater is likely. | Low risk of pollution: Rectifiable (Minor) In most cases: Rectifiable In extreme cases: Permanent |
The farmer has failed to comply with the conditions of a groundwater authorisation. | Can have an on-farm or off-farm effect | Minimum - SEPA description of minor pollution incident or discrepancies in record keeping, a technical issue ( e.g. non-payment of fee) or breach can be accommodated in a variation to the groundwater authorisation. Medium - SEPA description of significant pollution incident. High - SEPA description of major pollution incident. | Discrepancies in record keeping. Technical issue ( e.g. non-payment of fee). Breach can be accommodated in a variation to the groundwater authorisation: Rectifiable (minor). In most other cases: Rectifiable. In extreme cases: Permanent |
The farmer has carried out or permitted an activity that causes entry of List I or pollution by indirect discharge of List II substance. | Can have an on-farm or off-farm effect | Minimum - SEPA description of minor pollution. Medium - SEPA description of signifcant pollution. High - SEPA description of major pollution | In most cases: Rectifiable. In extreme cases: Permanent. |
The farmer has failed to comply with the conditions of a Notice served under the Groundwater Regulations for List I and/or List II substances. | Can have an on-farm or off-farm effect | Minimum - SEPA description of minor pollution. Medium - SEPA description of signifcant pollution. High - SEPA description of major pollution | In most cases: Rectifiable. In extreme cases: Permanent |
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