Small Scale Abstractions for Construction Dewatering

Dewatering is Back!

The Environment Agency (EA) has changed regulations on groundwater abstractions for low-risk construction dewatering activities in England, with the introduction of a Regulatory Position Statement (RPS No: 368). Although the RPS doesn’t alter the fact that a groundwater abstraction permit or license is required, the RPS sets out conditions and a list of do's and don'ts that if complied with, would result in enforcement action not being undertaken.

The RPS will remove low-risk dewatering activities from the abstraction licencing process and better reflects the majority of small-scale dewatering activities. In addition, groundwater recharge and the unique ability dewatering can offer to sustainable construction is being recognised.

The RPS details full details and conditions can be found at https://www.gov.uk/government/publications/small-scale-abstractions-for-construction-dewatering-rps-368/small-scale-abstractions-for-construction-dewatering-rps-368, but in summary if you comply to the following conditions an abstraction licence will not be required:

Conditions

1. 100% of the abstracted groundwater is discharged without intervening use to either: a. the same aquifer as that from which it was abstracted, or b. the nearest part of any watercourse to the point of abstraction.

2. The abstraction period is no longer than 9 months beginning from the first day of abstraction. 

3. The abstraction is not within 50 metres of a watercourse.

4. Abstraction Rate must not exceed 400m³/day (4.63 l/s – 24/7) during the first month and does not exceed100m³/day (1.16 l/s – 24/7) during the subsequent 8 months.

5. The abstraction must not cause or be likely to cause damage, adverse effect or harm the environment, habitats or species, conservation sites, prevent the statutory authorities from carrying out their legal obligations.

6. The abstraction must not interfere with the operations of any drainage board for any internal drainage district, derogate an existing lawful abstraction that is a protected right, whether licensed or an abstraction activity exempt from licensing, or cause a deterioration in the status of a water body or compromise the delivery of any relevant environmental objectives.

7. Where some or all the abstracted groundwater is discharged to a watercourse and the abstraction is within 500 metres of a water dependent designated site or within 250 metres of a groundwater-fed wetland or river, or a spring, well or borehole used to supply water for any existing lawful abstraction, the discharge must not exceed 200m³/day (2.32 l/s – 24/7) during the first month and 50m³/day (0.58 l/s – 24/7) during the subsequent 8 months.

Obligations

As a condition of the RPS, you must:

1. Carry out a Hydrogeological Impact Assessment (HIA) to a standard equivalent to that set out in the published Environment Agency Guidance.

2. Produce a Groundwater Management Plan that identifies and minimises risks of pollution and adverse impacts on the environment or other water users and to ensures implementation during the operation of the dewatering.

3. Install and measure the quantity of any water discharged to a watercourse and take and record readings of the meter at the same time each day when abstraction is taking place.

4. Notify the EA by emailing enquiries@environment-agency.gov.uk with ‘temporary small-scale dewatering for construction’ in the subject, before you use this RPS.

5. You must keep records from the start of the works for a period of 2 years to show that you have complied with this RPS. Records must be available to the Environment Agency on request, and include abstraction records, reports and surveys (HIA), landowner and operator details and before and after photographs.

Currently the RPS applies to England only, with the understanding that Natural Resources Wales (NRW) will review after Senedd elections later this year. However, it is expected that NRW will in time incorporate a RPS similar to the EA. Scottish and Northern Ireland regulations on groundwater abstraction for small-scale dewatering activities remain the same. They already operate under the principle and process of general binding rules (GBR), with the new EA RPS position, broadly following the concept long established by SEPA.

Download Contractor Compliance Checklist

No Longer Compliant

If you are operating under the RPS but can no longer comply with it. You must stop the activity to which this RPS relates and tell the Environment Agency immediately by contacting enquiries@environment-agency.gov.uk.

If during the assessment stage, the dewatering activity is deemed not able to comply with the RPS conditions you need to apply for a full abstraction licence and follow the existing licence application process. The legal requirement is to have an abstraction license in place before any groundwater abstraction can commence.

Arrange A Meeting

Please contact Stuart Wells on, enquiries@stuartwells.co.uk or, call on 01953 454540 to arrange a teams meeting to discuss these new RPS conditions and the licencing regulations for groundwater abstraction and discharge.