S.L. 549.155 Art. 3Offences and punishments. S.L. 549.100.

(1) Any person who undertakes, or causes to be undertaken, any activity which consists of or results in a direct discharge of pollutants to groundwater shall be guilty of an offence and shall on conviction, be liable to a fine (multa) not exceeding one thousand euro (€1,000).

(2) Any person who undertakes, or causes to be undertaken,any activity of disposal or tipping for the purpose of disposal, which activity consists of, or results in, or may lead to, the indirect discharge to groundwater of pollutants shall, unless the activity has been expressly authorised or permitted, be guilty of an offence and shall, on conviction be liable to a fine (multa) not exceeding seven hundred and fifty euro (€750).

(3) Any person who commits any illegal activity referred to in sub-regulations (1) or (2) where the discharge to groundwater occurs within a groundwater safeguard zone, shall on conviction, be liable to a fine (multa) of not less than five thousand euro (€5,000) and not exceeding ten thousand euro (€10,000).

(4) The Court may, notwithstanding any punishment to which it may impose on the offender under sub-regulations (1) to (3), order the decommissioning and, or sealing of any structure or infrastructure located above or underground used in carrying out the activity to be undertaken at the offender’s expense, and may further order the confiscation of any equipment used in the carrying out of said activity: Provided that where the activity described in sub-regulation (2) takes place at ground surface, the Court shall, notwithstanding any punishment to which it may impose on the offender, order any necessary environmental remediation including any required removal and disposal to be carried out at the offender’s expense.

(5) Notwithstanding the provisions of sub-regulations (1) to

(3) any activity directed at artificial recharge or augmentation of bodies of groundwater in accordance with paragraph (f) of sub-regulation (3) of regulation 12 of the Water Policy Framework

Regulations for which prior authorisation has been obtained, shall not constitute an offence.