Groundwater Protection

• Groundwater Directive (80/68/EEC); aims to protect groundwater from pollution by controlling discharges and disposals of certain dangerous substances to groundwater.

The groundwater directive categorises polluting substances into two lists based on toxicity, persistence and potential for bioaccumulation. List 1 substances are considered to carry higher potential risks from pollution. Entry of List 1 substances to groundwater is prohibited. Entry of List II substances to groundwater should be limited to a level which will not result in pollution of groundwater.

NB: under the terms of the Water Framework Directive (see below) the groundwater directive will be repealed in 2013.

• Water Framework Directive (2000/60/EC) (WFD, 2000)

The WFD takes a holistic view of the protection of the water environment. It sets out a spatial categorisation of groundwater into groundwater management units and provides the framework for the classification of these units into either good or poor water quality status. The WFD also sets key targets in respect of the groundwater resource. These include:ensuring no deterioration in status; restoring poor status units to good status (where feasibly and economically possible); controlling entry of pollutants to groundwater; reversing existing upward trends of pollutants in groundwater and introducing control regimes for abstraction

• The Water Act (2003): brought in a licensing and regulatory regime to control discharges to the natural water environment, including groundwater resource.
• Water Environment and Water Services Act (Scotland) 2003 (WEWSA).Section 20 of WEWSA gave scottish ministers powers to introduce controls to protect and improve the water environment.

• Water Environment (Controlled Activities) (Scotland) Regulations 2005 (CAR) and as amended

These regulations provide SEPA with the authority to serve (an) enforcement notice(s) either to control or to stop an activity which poses a significant risk to the water environment and/or which may cause discharge to groundwater of any substances listed in the CAR Regulations (Schedules 1 or 2). Amendments increased the number of controlled activities which can be carried out under general binding rules.

• Pollution Prevention and Control (England and Wales) Regulations 2000 as amended
• Pollution Prevention and Control Regulations (Scotland) 2000
• Waste Management Licensing Regulations 1994 (as amended)
• The Planning (Hazardous Substances) Regulations 1992 (as amended)
• The Control of Pollution (Oil Storage) (England) Regulations 2001
• The Water Environment (Oil Storage) (Scotland) Regulations 2006:

In addition to these, the recently enacted Environmental Permitting (England and Wales) Regulations 2010 implements the Groundwater Directive in England and Wales and provides a consolidated system for environmental permits and exemptions for inter alia water discharge activities and groundwater activities.

These regulations aim to protect the water environment from accidental loss or spillage of oil.

• Building (Scotland) Regulations 2004:

These regulations set out the requirements for building control authorisation for the construction of soakaways for sewage discharges.

Advisory Groups for implementation of both the Groundwater Directives and the Water Framework Directive exist within the UK:

• Joint Agencies Groundwater Directive Advisory Group
• Water Framework Directive UK Technical Advisory Group (TAG)

The Environment Agency (EA) has statutory responsiblity to protect groundwater resources in England and Wales. Groundwater Protection: Policy and Practice (GP3) provides a framework to allow the EA to achieve this. The Policy works alongside defined Groundwater Source Protection Zones, in order to identify and protect sensitive groundwater resource. The licensing regime in England an Wales has most recently been updated by the Environmental Permitting Guidance: Core Guidance for the Environmental Permitting (England and Wales) Regulations 2010.

In Scotland the responsbility to protect the groundwater resource lies with SEPA. SEPA (2009): Groundwater Protection Policy for Scotland v3: Nov 2009 Env Pol No 19 provides the framework for SEPA to achieve this. Other guidance applicable within Scotland includes:

• The Water Environment (Controlled Activities) (Scotland) Regulations 2005 – A Practical Guide.
• SEPAs Pollution Prevention Guidance (PPG) Notes
  

Consents for storage and handling of chemicals, including hydrocarbons, will be required under the PPC Regime or under the Waste Management Licensing Regime. Conditions specifically relating to protection of groundwater may be set.

The CAR Regulations require discharges of industrial and commercial effluents to be authorised by SEPA.

The CAR Regulations also require all surface water discharges from developments constructed after 1st April 2006 to be drained to Sustainable Urban Drainage Systems (SUDS). Building Control Authorisation will also be required for construction of soakaway for sewage discharges.

In England, consent may be required under Part H of the Building Regulations 2010 for discharges to groundwater through the construction of Soakaway systems.

Further details are available through the links above

Further details are available through the links above

Various – see individual legislative requirements

EA and SEPA regulated activities will be subject to appropriate inspections and monitoring, the requirements of which are driven by the legislation under which the activity is regulated.

Guidance on How to comply with your environmental permitting requirements has been published by the EA

Various – see individual legislative requirements.

Various – see individual legislative requirements.

Various – see individual legislative requirements.

What to do if in Breach of Consent

Contact EA / SEPA in the first instance.

SEPA as Scotland's primary environmental regulator has a duty to ensure compliance with the various sets of legislation for which it has responsibility. Enforcement may take the form of:
• Discussion and promoting good practice;
• Formal advisory letters
• Final warning letters
• Final enforcement/prohibition notices;
• Enforcing compliance with environmental licences and permits;
• Seeking prosecution for breaches of environmental legislation through the Procurator Fiscal (Scotland)

Further details on SEPA's Policy on Enforcement are available through the SEPA website.

Guidance on EA approach to enforcement is also available through the EA website

None known at present