Pollution of Surface Waters and Groundwater
What are ìsurface waters and groundwaterî?
Surface waters include rivers, lakes, lochs, loughs, reservoirs, ponds, streams, canals, ditches, coastal waters and estuaries. Groundwater is all water which is below the surface of the ground in the saturation zone (that is, below the water table) and in direct contact with the ground or subsoil.
In England, Wales and Scotland surface waters and groundwater are collectively known as Controlled Waters. However, this term has not been used in this guideline as it has no meaning in Northern Ireland.
Pollution of surface waters and groundwater
It is an offence for anyone to cause or knowingly permit:
or
It is not an offence to discharge clean surface water run-off (rain run-off from roofs and yards) to surface waters or groundwater. If there is any risk of run-off being contaminated (for example by oil drips from cars or roofs contaminated by chimney emissions), then it is an offence to discharge the water without a Discharge Consent.
In England and Wales you will require a Discharge Consent for all discharges of trade effluent into land and all discharges of treated sewage into land of >2m3/day.
In Scotland, discharges of trade or sewage effluent to land will either be exempt from control, be regulated through a prohibition notice or will require a discharge consent depending on the scale of the discharge and local circumstances. If in doubt, contact SEPA.
In Scotland, The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (CAR) will come into force on 1 April 2006. CAR introduces controls to replace the existing point source pollution control regime (Control of Pollution Act 1974 or CoPA), and new controls over abstractions, impoundments and engineering work in or near inland waters. CAR also provides for transitional arrangements for the transfer of existing activities into the new regimes. Except where activities are covered by, and need to comply with, General Binding Rules, CAR will require an Authorisation for all discharges to land, groundwater and surface waters which may cause pollution (controlled activities). For more information use the links below.
Scottish Executive - Water Framework Directive Information
SEPA Water Framework Directive Website
Scotlandís New Regulatory Regime for the Water Environment
Water Legislation
In Northern Ireland you will require a Discharge Consent for all discharges to land.
You will also need a Consent from your Environmental Regulator to remove dam, weir or sluice deposits from inland waters and to remove substantial amounts of vegetation from inland waters or their banks.
What causes pollution of surface waters and groundwater?
Almost any solid, liquid or gaseous substance entering surface waters or groundwater could be classified as a pollutant. This includes chemicals, salt, wash waters, waste products, trade effluents, and fuels. Rainwater that runs across your land/site/premises can also be classed as a pollutant if it becomes contaminated by substances from your land/site/premises.
Almost all substances used and disposed of by businesses are unsuitable for discharge to surface waters or groundwater without prior treatment. Even hot water can be classified as a pollutant in some circumstances.
Does this apply to me?
This guideline applies to you if:
or
If you discharge trade effluent to foul sewer, you should refer to the Trade Effluent Management Guideline.
Trade Effluent
If this guideline applies to you, click on the links below for further information:
What do I need to do?
How can I minimise pollution of surface waters and groundwater?
Works Notices and Enforcement Notices
The following Management Guidelines may also be relevant to you:
Trade Effluent
Water Abstraction and Use
Hazardous/Special Waste
Legislation
Click on the link below to view the legislation that is relevant to the pollution of surface waters and groundwater:
Pollution of Surface Waters and Groundwater Legislation
IMPORTANT LEGAL NOTE
NetRegs contains simplified guidance based on complex and changing legislation, and does not constitute legal advice. Whilst we endeavour to keep it up to date, we cannot be held liable for errors and omissions; compliance with the law remains the user's responsibility. If you have concerns over compliance, you must seek professional advice, or contact your regulator or local authority.
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