This year’s State of Rivers Report from the Rivers Trust highlights some concerning trends. Healthy waterways are essential for humans and numerous species, yet very few river stretches in England are currently in good health.
With increasing public pressure to maintain clean waterways and the implementation of higher financial penalties for violations, it’s crucial to understand our collective responsibilities during the construction phase of any development. In this article, we will focus on the legal requirements for managing water, both on and offsite, during construction.
The importance of sustainable water management in construction
At Naturally Compliant, we prioritise water issues, especially pollution, because statistics show that construction sites are the leading cause of water-related environmental incidents. Our research shows that during the construction of a large onshore wind farm, water pollution events made up 76% of all environmental incidents. Similarly, during the development of a converter/substation, 65% of all incidents were related to water pollution.
From managing excess water to utilising it water, is used in many construction processes including: dust suppression, mixing concrete and drilling fluids, cleaning equipment and vehicles, and for human needs in site offices. Additionally, making way for new developments often involves diverting or culverting waterways and dewatering.
If we want to improve environmental performance during construction, sustainable water use and preventing waterborne pollution feels like a good place to start.
Navigating water management regulations in the UK
Whilst similar the UK construction sector must adhere to various regulations and standards designed to protect water quality, manage resources sustainably, and ensure that activities do not harm the environment or public health under various devolved regimes. Compliance with these regulations often requires construction companies to obtain permits and follow specific procedures when working near water to prevent adverse impacts on the water environment or increased flooding risks.
Key activities requiring permits or regulatory compliance include:
Abstraction of water: Any abstraction of water from rivers, lakes, or groundwater exceeding 20 cubic meters per day requires an abstraction license from the Environment Agency (in Scotland the limit is 10 cubic meters per day).
Discharges to surface and ground water: Discharging any treated or untreated water, such as site runoff or process water, into surface waters or groundwater necessitates a discharge consent or permit.
Construction near floodplains: Projects within floodplain areas require flood risk activity permits to ensure that they do not increase flood risk or impede water flow. Note: From summer 2024, the Environment Agency will change the processing of flood risk activity permits. Applications will be handled by the National Permitting Service (NPS), which will serve as the central point for applications, liaising with customers and processing and issuing permits.
Works affecting watercourses: Any alterations to watercourses, including culverting, diverting, or working within 8 meters of a main river, require land drainage consent. For work on or near other watercourses, you must apply for Ordinary Watercourse Consent from the Internal Drainage Board (IDB) or the Lead Local Flood Authority (LLFA). For Scotland, the Scottish Environment Protection Agency, SEPAs CAR a Practical Guide provides information on the relevant regulations.
Understanding environmental permits and regulations for water management
Under UK legislation, any polluting discharge to surface waters or groundwater requires an environmental permit. It is an offence to cause or knowingly permit a polluting discharge without one, and your permit will set pollution thresholds that the project must comply with. Failing to adequately manage surface water can breach planning conditions and, in some cases, a pollution incident can violate other laws related to protected species or habitats.
In Scotland, the Water Environment (Controlled Activities) (Scotland) Regulations 2011, commonly known as the Controlled Activity Regulations (CAR), regulate activities that may affect Scotland’s water environment. These regulations cover rivers, lochs, transitional waters (estuaries), coastal waters groundwater, and groundwater dependant wetlands.
In Scotland, SEPA uses the term 'water environment' to encompass all surface and groundwater, rather than 'watercourse'. From an engineering perspective, notification to SEPA is not necessary if the surface water does not appear on a 1:50,000 scale map. However, you must still adhere to the General Binding Rules for that activity. If the surface water is on the map, certain activities require registration or a simple or complex licence.
Achieving sustainable water management in construction
Managing construction activities in and around water is a complex challenge that requires balancing operational efficiency, environmental responsibility, and legal compliance. This goes far beyond simply tightening a leaky tap, encompassing water-saving technologies, recycling, and rigorous quality control and monitoring.
Effective water management is vital for the successful completion of projects, minimising environmental impacts, and ensuring legal compliance. By adhering to legislative frameworks and adopting sustainable practices, the construction sector can significantly contribute to the preservation and enhancement of the UK's water resources, leading to long-term ecological and community benefits.
If you need more information or advice on your legal obligations regarding the sustainable management of on and offsite water, please don't hesitate to get in touch.