The Environmental Permitting (England and Wales) Regulations 2010

PART 3 Exempt groundwater activities: descriptions and conditions

Interpretation of Part 3

1.  In this Part—

“groundwater tracer test” means a study of—

(a)

the behaviour or movement of water, or

(b)

a contaminant below ground,

which involves the addition to groundwater of a distinguishable material which has nearly identical properties to the contaminant or water being studied;

“small quantity of substance” is to be construed in accordance with the final paragraph of Article 11(3)(j) of the Water Framework Directive;

“specified groundwater remediation scheme” means a remediation scheme which involves the addition of a substance or preparation to groundwater which enhances the rate of remediation of groundwater contaminants;

“water features” includes boreholes, wells, adits, springs, seepage and wetland areas, ponds, lakes and watercourses; and

“water features survey” means a survey of all water features within 1 kilometre of the proposed activity that may be affected by it.

Discharge of small quantities of substances for scientific purposes

2.—(1) For the purpose of paragraph 5(a)(i) of Schedule 2, the description is the discharge of small quantities of substances for scientific purposes as part of—

(a) a specified groundwater remediation scheme; or

(b) a groundwater tracer test.

(2) For the purpose of paragraph 5(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are—

(a) that a water features survey has demonstrated that the discharge will not cause pollution;

(b) that the prior consent of every person having a right to abstract water in the vicinity of the discharge has been obtained;

(c) that the exemption registration authority is notified before the commencement of the discharge;

(d) that in the case of discharges as part of a specified groundwater remediation scheme, monitoring of the discharge, to determine whether pollution has been caused, is undertaken.

Small discharges of sewage effluent

3.—(1) For the purpose of paragraph 5(a)(i) of Schedule 2, the description is a discharge from a septic tank or sewage treatment plant of 2 cubic metres per day or less of sewage effluent that results in the input of pollutants to groundwater.

(2) For the purpose of paragraph 5(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are—

(a) that all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in guidance issued by the appropriate authority in relation to—

(i) design and manufacturing standards,

(ii) construction, installation and operation specifications, and

(iii) siting and installation of infiltration systems;

(b) that the discharge cannot reasonably, at the time it is first made, be made to the foul sewer;

(c) that the discharge does not contain trade effluent;

(d) that the discharge does not result in an input of pollutants to groundwater—

(i) within 50 metres of a point at which water is abstracted from underground strata, or

(ii) within a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction point that is used to supply water for domestic or food production purposes;

(e) that all works and equipment used for the treatment of sewage effluent and its discharge are maintained in accordance with the manufacturer’s specification;

(f) that records of maintenance work are kept by the person who is the occupier of the land on which the discharge is made (“the occupier”) for at least 5 years after the work is carried out;

(g) that the occupier must notify the exemption registration authority if an exempt groundwater activity ceases to be in operation;

(h) that the occupier must ensure that all works and equipment for the treatment of sewage effluent and its discharge are appropriately decommissioned when the exempt facility ceases to be in operation so that there is no risk of pollutants entering groundwater;

(i) that before an occupier ceases to be in occupation of land on which an exempt groundwater activity is carried on, the occupier must give to the person who will next be in occupation of the land a written notice—

(i) stating that an exempt groundwater activity is being carried on on the land;

(ii) containing a description of the exempt facility;

(iii) stating the conditions that must be satisfied in relation to the exempt facility; and

(iv) accompanied by any records of maintenance mentioned in paragraph (f).