The Environmental Permitting (England and Wales) Regulations 2016

PART 3 E+W Exempt groundwater activities: descriptions and conditions

Interpretation of Part 3 E+W

1.  In this Part—

[F1 “ancient woodland” means any area that has been wooded continuously since at least 1600 AD, including ancient semi-natural woodland and plantations on ancient woodland sites;]

“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;

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1 “protected site” means—

(a)

a wetland designated as a European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017),

(b)

a Ramsar site (which has the same meaning as in section 37A of the Wildlife and Countryside Act 1981),

(c)

a nature reserve established by a local authority under section 21 of the National Parks and Access to the Countryside Act 1949, or

(d)

a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981);]

“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;

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

Textual Amendments

F1 Words in Sch. 3 Pt. 3 para. 1 inserted (2.10.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023 (S.I. 2023/651), regs. 1(2), 5(b)(i)

F2 Words in Sch. 3 Pt. 3 para. 1 omitted (31.12.2020) by virtue of The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), regs. 1, 2(9)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

Discharge of small quantities of substances for scientific purposes E+W

2.—(1) For the purpose of paragraphs 7(a)(i) and 8(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,

[F3 limited to the amount strictly necessary for that purpose]

(2) For the purpose of paragraphs 7(a)(ii) and 8(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.

Textual Amendments

F3 Words in Sch. 3 Pt. 3 para. 2(1) inserted (31.12.2020) by The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), regs. 1, 2(9)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Small discharges of sewage effluent: Wales E+W

3.—(1) For the purpose of paragraph 7(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 7(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are—

(a) in the case of a discharge which takes place for the first time on or after the date on which these Regulations come into force, that all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in the document entitled “Guidance for the registration of small sewage effluent discharges”, issued by the NRBW and dated July 2011 and updated in September 2016, in relation to—

(i) design and manufacturing standards,

(ii) construction, installation and operation specifications,

(iii) siting and installation of infiltration systems, and

(iv) the capacity of the works and equipment;

(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).

Small discharges of sewage effluent: England E+W

4.—(1) For the purpose of paragraph 8(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 8(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are that an operator of the septic tank or sewage treatment plant ensures that—

(a) all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in the [F4 document entitled “General binding rules for small sewage discharges (SSDs) with effect from 2nd October 2023” published by the Agency on 23rd March 2023] in relation to—

(i) design and manufacturing standards,

(ii) construction, installation and operation specifications,

(iii) siting and installation of infiltration systems, and

(iv) the capacity of the works and equipment;

(b) in the case of a discharge which takes place for the first time on or after 1st January 2015, the discharge could not reasonably be made to the foul sewer;

(c) the discharge does not contain trade effluent;

[F5 (d) the discharge does not result in an input of pollutants to groundwater within a groundwater Source Protection Zone 1;]

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

(f) 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;

(g) before the land or part of the land on which the septic tank or sewage treatment plant is situated or being used is sold, an owner of the land or part of the land gives to the purchaser a written notice—

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

(ii) containing a description of the exempt facility.

(3) For the purposes of this paragraph, an operator is a person who has control over the operation of the septic tank or sewage treatment plant by reason of—

(a) being an owner of the land on which the septic tank or sewage treatment plant is situated or being used, or

(b) having entered into a written agreement with the owner of the land on which the septic tank or sewage treatment plant is situated or being used to be responsible for the maintenance of the septic tank or sewage treatment plant.

Textual Amendments

F4 Words in Sch. 3 Pt. 3 para. 4(2)(a) substituted (2.10.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023 (S.I. 2023/651), regs. 1(2), 5(b)(ii)(aa)

F5 Sch. 3 Pt. 3 para. 4(2)(d) substituted (2.10.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023 (S.I. 2023/651), regs. 1(2), 5(b)(ii)(bb)

Open-loop ground source heating and cooling systems E+W

5.—(1) For the purpose of paragraphs 7(a)(i) and 8(a)(i) of Schedule 2, the description is the discharge of water to groundwater from a heating or cooling system to which sub-paragraph (3) applies with altered temperature.

(2) For the purpose of paragraphs 7(a)(ii) and 8(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are—

(a) that nothing must be added to water discharged from the system;

(b) that the temperature of water discharged from the system—

(i) subject to sub-paragraph (ii), must not exceed 25^o C, and

(ii) must not vary by more than 10^o C compared to that in the aquifer from which it was abstracted;

(c) that the system must not be on a known contaminated site or have had a previous contaminative use;

(d) that water from the system must not be discharged less than 50 metres from a watercourse or groundwater-fed wetland;

(e) [F6 in relation to Wales,] that water from the system must not be discharged—

(i) less than 50 metres from 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;

[F7 (ea) in relation to England, that water from the system must not be discharged within a groundwater Source Protection Zone 1;]

(f) that the discharge of water from the system must be to the same aquifer as that from which it was abstracted;

(g) that water within the system must not be used for any other purpose.

(3) This sub-paragraph applies to a system—

(a) that involves—

(i) the abstraction of groundwater to obtain heating or (as the case may be) cooling, and

(ii) the subsequent discharge of that water, and

(b) that is—

(i) a cooled aquifer system with a volume of less than 1500 cubic metres per day,

(ii) a balanced system with a volume of less than 430 cubic metres per day, or

(iii) a heated aquifer system with a volume of less than 215 cubic metres per day.

(4) In this paragraph—

“balanced system” means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature is within the range 0.8 to 1.2;

“cooled aquifer system” means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature is less than 0.8;

“groundwater-fed wetland” means a terrestrial ecosystem directly depending on a body of groundwater (within the meaning of the Water Framework Directive) and includes—

(a)

a European site (which has the meaning given in regulation 8 of [F8 the Conservation of Habitats and Species Regulations 2017]);

(b)

a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981 M1 );

“heated aquifer system” means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature exceeds 1.2.

Textual Amendments

F6 Words in Sch. 3 Pt. 3 para. 5(2)(e) inserted (2.10.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023 (S.I. 2023/651), regs. 1(2), 5(b)(iii)(aa)

F7 Sch. 3 Pt. 3 para. 5(ea) inserted (2.10.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023 (S.I. 2023/651), regs. 1(2), 5(b)(iii)(bb)

F8 Words in Sch. 3 Pt. 3 para. 5(4) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 73(2)(b)

Marginal Citations

M1 1981 c. 69; the definition was inserted by paragraph 5(2) of Schedule 9 to the Countryside and Rights of Way Act 2000 (c. 37).

[F9 Closed-loop ground source heating and cooling systems: England E+W

6.— (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—

(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,

(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,

(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,

(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,

(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

(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—

(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,

(b)

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

(c)

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

Textual Amendments

F9 Sch. 3 Pt. 3 paras. 6, (7) inserted (2.10.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023 (S.I. 2023/651), regs. 1(2), 5(b)(iv)

Low-environmental-risk burials at new cemeteries or new extensions of cemeteries: England E+W

7.— (1) For the purpose of paragraph 8(a)(i) of Schedule 2, the description is any burial of human remains, other than a burial of human ashes from crematoria, within a new cemetery or new extension of a cemetery.

(2) In sub-paragraph (1), “new cemetery or new extension of a cemetery” means a development which, by virtue of section 57 of the Town and Country Planning Act 1990, required planning permission authorising a change of use of land to permit burials which was granted on or after 2nd October 2023.

(3) For the purpose of paragraph 8(a)(ii) of Schedule 2, the conditions in relation to a burial of that description are that the operator ensures that—

(a) any activity relating to the burial must not cause pollution of surface water or groundwater,

(b) the burial is not within 10m of any field drain, including any dry ditch,

(c) the grave has at least 1m clearance between the base of the grave and the top of the water table,

(d) the burial is not undertaken directly into groundwater,

(e) the grave is not dug in unaltered or unweathered bedrock,

(f) the grave is not dug in an area susceptible to groundwater flooding,

(g) the burial is not within 30m of any spring or watercourse,

(h) the burial is not in, or within 50m of, a protected site,

(i) the burial is not in an ancient woodland,

(j) the new cemetery or extension in question does not have more than 2500 burials per hectare, in proportion to the total area of the new cemetery or extension,

(k) no part of the new cemetery or extension in question is within a groundwater Source Protection Zone 1,

(l) no part of the new cemetery or extension in question is within 250m of any well, spring or borehole that is used to supply water for domestic drinking or food production purposes,

(m) the new cemetery or extension is located either—

(i) entirely on strata which are unproductive strata,

(ii) entirely on strata which are a secondary B aquifer or entirely on strata which are secondary undifferentiated rocks, where the number of burials is less than 100 burials per annum,

(iii) entirely on a secondary A aquifer, where the number of burials is less than 50 burials per annum,

(iv) entirely on a principal aquifer and not in a groundwater Source Protection Zone 2, where the number of burials is less than 30 burials per annum, or

(v) on any combination of strata mentioned in paragraphs (i) to (iv), subject to sub-paragraph (4), and

(n) the new cemetery or extension does not need ongoing active control measures to be in place to protect the environment.

(4) Where a new cemetery or extension is, pursuant to sub-paragraph (3)(m)(v), partly located on one of the strata mentioned in sub-paragraph (3)(m)(ii), (iii) or (iv), the restriction on the numbers of burials per annum in sub-paragraph (3)(m)(ii), (iii) or (iv) (as the case may be) applies to the area of the new cemetery or extension located on that strata.

(5) In sub-paragraph (3)—

“groundwater flooding” means flooding where the water table beneath the ground rises and causes water to seep out at ground level;

“groundwater Source Protection Zone 2” means a zone—

(a)

within—

(i)

250m of a point at which water is abstracted for domestic or food production purposes from underground strata where the maximum allowable annual volume as authorised by a licence under section 24 of the Water Resources Act 1991 or allowed by virtue of section 27 of that Act (as the case may be) divided by 365 is less than 2,000 m3 per day, or

(ii)

500m of a point at which water is abstracted for domestic or food production purposes from underground strata where the maximum allowable annual volume as authorised by a licence under section 24 of the Water Resources Act 1991 divided by 365 is equal to or greater than 2,000 m3 per day, or

(b)

defined by a 400-day travel time for groundwater to reach a groundwater abstraction point that is used to supply water for domestic or food production purposes,

whichever is larger;

“principal aquifer” means geological strata which—

(a)

exhibit a high intergranular or fracture permeability, and

(b)

provide a high level of water storage and support water supply or base flow to rivers, lakes and wetlands on a strategic scale;

“secondary A aquifer” means permeable strata capable of supporting water supplies at a local rather than strategic scale;

“secondary B aquifer” means predominantly lower permeability strata including where they have, in part, the ability to store and yield limited amounts of groundwater by virtue of localised features such as fissures, thin permeable horizons or weathering;

“secondary undifferentiated rocks” means rock deposits or strata with variable permeability and storage properties which are not consistently a secondary A aquifer or secondary B aquifer;

“unproductive strata” means geological strata which—

(a)

have a low permeability that has negligible significance for water supply or river base flow, and

(b)

consist of deposits that naturally offer protection to any aquifers that may be present beneath.]

Textual Amendments

F9 Sch. 3 Pt. 3 paras. 6, (7) inserted (2.10.2023) by The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023 (S.I. 2023/651), regs. 1(2), 5(b)(iv)