B4.9.5 Environmental Permitting Continued (2)
Groundwater Activities
The definition of ‘groundwater’ is the same as in the Groundwater Directive, the 1998 and 2009 Groundwater Regulations and the Water Framework Directive. Water in the unsaturated zone is not groundwater but does come within the scope of the term “ground waters” as used and defined in the Water Resources Act 1991.
In summary, a groundwater activity is:
- The discharge of a pollutant that results in or might lead to a direct or indirect input to groundwater.
- Any other discharge that might lead to a direct or indirect input of a pollutant to groundwater.
- An activity in respect of which a notice under Schedule 22 has taken effect.
- An activity that might lead to a discharge mentioned above where that activity is carried on as part of the operation of a regulated facility of another class.
It is an offence to cause or knowingly permit a groundwater activity unless authorised by a permit or registered as exempt.
A groundwater activity may be carried on as part of the operation of a regulated facility of another class, for example a Part A installation, or it may be a stand-alone groundwater activity. Where it is part of the operation of a regulated facility of another class, such as a non-hazardous landfill, any such requirements must at least comply with the requirements for permitted groundwater activities.
It may be operated by an individual (for example, the person causing a polluting discharge or entry, whether accidental or intended), or an organisation or company occupying a site and operating a treatment system.
The DEFRA Guidance document “Environmental Permitting Guidance, Groundwater Activities, For the Environmental Permitting (England and Wales) Regulations 2010, December 2010, Version 1.0” is available here: DEFRA EP Guidance 2010 – Groundwater.
When a Permit is Required:
Discharges from activities in general
The regulator can serve a notice specifying that, from a date specified on the notice, some activities not ordinarily regulated as groundwater activities (e.g. storage tanks leaking pollutants to ground) are groundwater activities, and therefore cannot be operated unless authorised by a permit or unless exempt. Special conditions apply to discharges arising from highway drains and the operation of septic tanks and sewage treatment plants.
Discharge from a highway drain
The regulator can serve a notice specifying that the operation of a highway drain (where that activity might lead to a discharge) is a groundwater activity from the specified date. This means the activity cannot be carried on without being authorised by an environmental permit. Such a notice may be served on a highway authority, or any other person entitled to keep open a drain under Section 100 of the Highways Act 1980. A notice specifies the date from which it takes effect, which will be not less than six months after being served.
Discharge from septic tanks and sewage treatment plant
Before 1st January 2012, it is not an offence to use a septic tank or sewage treatment plant with a discharge of 2 cubic metres per day or less to groundwater without an environmental permit, unless a notice has been served by the regulator on the person making the discharge to indicate that a permit is required (paragraph 12 of Schedule 22 to EP Regulations). The Environment Agency should only make use of this power where there is, or there is a reasonable expectation that there will be, pollution as a consequence of an unregulated discharge operating over this period.
After 1st January 2012 such a discharge cannot be carried on without either being authorised by an environmental permit or registered as an exempt groundwater activity.
Such notices must specify the date from which they take effect, which will be not less than three months after being served.
Exemptions
Groundwater activities that meet certain conditions can be exempted from the requirement for a permit. These are described briefly below. Any exempt groundwater activity must be registered with the regulator, and the regulator must be notified if the exempt groundwater activity ceases to be in operation. At this time, the works and equipment for treating and discharging must be appropriately decommissioned to reduce the risk of further pollution.
Discharge of sewage effluent
A discharge from a small sewage treatment plant, i.e. discharging two cubic metres per day or less of sewage effluent that results in the input of pollutants to groundwater, may be registered as an exempt groundwater activity, provided it meets certain conditions. These are that:
- All works and equipment used for the treatment and discharge of sewage effluent must meet certain requirements. These cover the standards for design and manufacture; construction, installation, operation and maintenance specifications; siting and installation.
- The discharge could not reasonably have been made to the foul sewer at the time it was first made; that the discharge does not contain trade effluent; and that all works and equipment for the treatment and discharge of the sewage effluent are maintained as specified by the manufacturer. Records of maintenance work must be kept for at least five years after the work has been done.
Discharge of small quantities of substances for scientific purposes
An exemption from permitting is available for those seeking to discharge small quantities of substances to ground as part of a specified groundwater remediation scheme or a groundwater tracer test.