Article 4
1. To comply with the obligation referred to in Article 3 (a),
Member States:
- shall prohibit all direct discharge of substances in list I,
- shall subject to prior investigation any disposal or tipping
for the purpose of disposal of these substances which might lead to
indirect discharge. In the light of that investigation, Member States
shall prohibit such activity or shall grant authorization provided
that all the technical precautions necessary to prevent such discharge
are observed,
- shall take all appropriate measures they deem necessary to
prevent any indirect discharge of substances in list I due to
activities on or in the ground other than those mentioned in the
second indent. They shall notify such measures to the Commission,
which, in the light of this information, may submit proposals to the
Council for revision of this Directive.
2. However, should prior investigation reveal that the
groundwater into which the discharge of substances in list I is
envisaged is permanently unsuitable for other uses, especially
domestic or agricultural, the Member States may authorize the
discharge of these substances provided that their presence does not
impede exploitation of ground resources.
These authorizations may be granted only if all technical
precautions have been taken to ensure that these substances cannot
reach other aquatic systems or harm other ecosystems.
3. Member States may, after prior investigation, authorize
discharges due to re-injection into the same aquifer of water used for
geothermal purposes, water pumped out of mines and quarries or water
pumped out for civil engineering works.
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