SCHEDULE 3Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

PART 3Exempt groundwater activities: descriptions and conditions

F1Closed-loop ground source heating and cooling systems: England6

1

For the purpose of paragraph 8(a)(i) of Schedule 2, the description is a closed-loop ground source heating or cooling system—

a

which is fully sealed and does not take water from, or discharge water or fluids into, the environment, and

b

where any borehole is used, the borehole is fully sealed and does not take water from the environment.

2

For the purpose of paragraph 8(a)(ii) of Schedule 2, the conditions in relation to a groundwater activity of that description are that an operator of the system ensures that—

a

the system is a closed-loop system only and that there is no discharge of pollutants other than the transfer of heat to the environment,

b

the system does not cause pollution of surface water or groundwater,

c

no part of the system is within a groundwater Source Protection Zone 1,

d

no part of the system is within 50m of a well, spring or borehole used to supply water for domestic or food production purposes,

e

no part of the system is within the following distance of a protected site or an ancient woodland—

i

20m, where the system supplies only residential premises and the maximum output of the system is 45kW or less,

ii

50m, where the system supplies—

aa

only a single community building,

bb

only residential premises and the maximum output of the system is more than 45kW,

cc

only a single building that is not a community building or residential premises and which has a floor space of less than 1000m2, or

dd

subject to sub-paragraph (i), more than one building where the total floor space within those buildings combined is less than 1000m2, or

iii

250m in any other case,

f

the installation of the system does not mobilise any contaminants present in the subsurface to the extent that the pollution of groundwater occurs,

g

no part of the system is adjacent to a septic tank or cesspit, including the infiltration system,

h

all equipment installed in relation to the system complies with the relevant design and manufacturing standards set down in—

i

the relevant British Standards, and

ii

the relevant Ground Source Heat Pump Association standards, and

i

the system is appropriately decommissioned when it ceases to be in operation so that there is no risk of pollutants or polluting matter entering groundwater.

3

In this regulation—

  • “community building” includes a building used as a place of worship;

  • “relevant British Standards” means—

    1. a

      BS EN 378-1:2016+A1:2020 entitled “Refrigerating systems and heat pumps — Safety and environmental requirements, Part 1: Basic requirements, definitions, classification and selection criteria” published by the British Standards Institution on 30th November 2020,

    2. b

      BS EN 378-2:2016 entitled “Refrigerating systems and heat pumps — Safety and environmental requirements, Part 2: Design, construction, testing, marking and documentation” published by the British Standards Institution on 31st December 2016,

    3. c

      BS EN 378-3:2016+A1:2020 entitled “Refrigerating systems and heat pumps — Safety and environmental requirements, Part 3: Installation site and personal protection” published by the British Standards Institution on 30th November 2020,

    4. d

      BS EN 378-4:2016+A1:2019 entitled “Refrigerating systems and heat pumps — Safety and environmental requirements, Part 4: Operation, maintenance, repair and recovery” published by the British Standards Institution on 31st October 2019,

    5. e

      BS EN 805:2000 entitled “Water supply — Requirements for systems and components outside buildings” published by the British Standards Institution and coming into effect on 15th September 2000, and

    6. f

      BS 5930:2015+A1:2020 entitled “Code of practice for ground investigations” published by the British Standards Institution on 31st May 2020;

  • “relevant Ground Source Heat Pump Association standards” means—

    1. a

      the Closed-loop Vertical Borehole Design, Installation and Materials Standards, issue 1.0, dated 2020 and published by the Ground Source Heat Pump Association,

    2. b

      the Shallow Ground Source Standard, Version 2, dated January 2018 and published by the Ground Source Heat Pump Association, and

    3. c

      the Thermal Pile Design, Installation and Materials Standards, Version 2, dated September 2018 and published by the Ground Source Heat Pump Association.