A.1.f EA Special Requirements
A.1.f EA Special Requirements
A.1.f EA Special Requirements
These guidelines have been drawn up to assist all those who may have cause to work in or near watercourses. They
have been jointly produced by the Scottish Environment Protection Agency, the Envionment Ageny for England and
Wales and the Environment and Heritage Service in Northern Ireland, referred to as the Agency or Agencies in these
guidelines. Compliance with this guidance should minimise the risk of pollution occurring. Every site is different and will
need to be considered individually. Consultation with your local Agency office is advisable before any work is started.
Contact details can be found at the end of these guidelines.
1. LEGAL FRAMEWORK
a. The Agencies are responsible for the protection of “controlled waters” from pollution
under the Water Resources Act 1991 in England and Wales, the Control of Pollution Act
1974 (as amended) in Scotland and the Water Act 1972 in Northern Ireland. With the
exception of Northern Ireland they are also responsible for the prevention of pollution of
the environment and harm to human health by waste management activities under the
Environment Protection Act 1990.
b. Discharges to public foul sewer require authorization by the sewerage undertaker and
may be subject to the terms and conditions of a trade effluent consent.
c. Any other waste produced on a site will be subject to the Duty of Care (Reference 1) under
the Environment Protection Act 1990 and may also be subject to control under the Waste
Management Licensing Regulations 1994. In addition, certain hazardous wastes are
subject to the Special Waste Regulations 1996 (Reference 2). Advice is available from the
Agency.
d. In England and Wales, the Environment Agency also has powers and responsibilities for
flood defence. Under the Water Resources Act 1991, prior consent must be obtained for
any structure in, over or under a ‘main’ river (defined in the Water Resources Act 1991).
Under the Land Drainage Act 1991, consent is also required for the erection of mill dams,
weirs, and similar obstructions and for culverts in ‘ordinary’ watercourses (defined by the
Land Drainage Act 1991).
These controls are supplemented by regional byelaws which regulate certain other activities
on and in the vicinity of main rivers. The extent of the area of land subject to this control
Appendix 1
varies from region to region and also depends on the type of facility being protected. For
example, the area of land subject to byelaw control will usually be greater in the vicinity of
sea defences than in the vicinity of main rivers. Seek advice from your local Agency office
about local byelaw distances and other specific areas subject to byelaw control.
In addition, the Environment Agency must be given 7 days written notice of any intention
to temporarily divert flow of any watercourse, carry out works within the river channel or
commence any operations in the river channel so that suitable arrangements can be made
concerning fishery interests.
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In Scotland, new powers are due to be introduced which will require that any person
proposing to carry out drainage works will have to consult with SEPA beforehand on the
precautions to be taken to prevent pollution.
2. INTRODUCTION
Most pollution incidents are avoidable. Careful planning can reduce the risk of pollution.
Most of the measures needed to prevent pollution cost very little, especially if they are
included at the planning stage of any scheme or project. In contrast, the costs of cleaning up
a pollution incident can be very high. There are also serious consequences of a prosecution
for environmental offences. Any work carried out in or near watercourses must be regarded
as high risk with significant potential to cause pollution. Potential pollutants of concern
include silt, cement, concrete, fuel, lubricating and shutter release oils, petrol, sewage,
bridge cleaning debris and other waste materials.
The Agency has produced specific guidance for pollution prevention at construction and
demolition sites (Reference 3) which should be followed in conjunction with this guidance
if applicable.
3. GENERAL PRECAUTIONS
In planning and carrying out any work in or near rivers, streams, ditches and other
watercourses, precautions must be taken to ensure their complete protection against
pollution, silting and erosion. Any work on or near foul sewers, (especially trunk sewers),
underground oil/chemical pipelines or fluid filled electricity cables poses a major threat of
pollution if damage occurs. At least 7 days prior notification of an intention to work on these
structures should be given to the Agency, enabling appropriate pollution prevention
measures and emergency procedures to be agreed.
The use of industrial by-products at locations where drainage from the material could
directly or indirectly enter surface or groundwater must be discussed with the Agency. Such
materials must be suitable for the purpose, well weathered and must not pose a leachate
problem.
4 . S I LT
Silt causes lasting damage to river life such as fish, insects and plants and can also build up
to cause flooding. Water containing silt should never be allowed to flow or pumped directly
into a river, stream or surface water drain. Silty water can arise from dewatering
excavations, exposed ground, stockpiles, plant and wheel washing, site roads and
disturbance of the river bed. Where possible, silty water should be disposed of to the foul
sewer with the prior agreement of the sewerage undertaker (see Section I b). Discharges to
streams, watercourses or soakaways must have Agency approval which should be obtained
well in advance. Suitable treatment will be required, such as the use of a lagoon, tank or
grassed area to settle solids. For fine silts, flocculants may be required to aid settlement,
although these should be used with care because of their potential for pollution.
a . P u m p in g
Care should be taken with the discharge of any pumped clean water, such as
dewatering or overpumping, to the watercourse. If it is carried out with a powerful
pump and/or at a high rate, then the river bed and bank could be disturbed and
eroded, producing silty river water. Therefore all pumped discharges must be made
using a pump of a suitable size for the situation and at a rate which will not cause
river bed disturbance.
b. E x c a v a tio n s
Where possible prevent water from entering excavations. Use cut off ditches to prevent
entry of surface water and well point dewatering or cut-off walls for groundwater. Use
the corner of the excavation as a pump sump and avoid disturbing that corner. Do not
allow personnel or plant to disturb water in the excavation. For work in river channels, the
use of coffer dams is recommended to keep river water out of the working area.
c . E x p o s ed g ro u n d a n d s to c k p ile s
Minimise the amount of exposed ground and soil stockpiles. Seeding or covering
stockpiles and constructing silt fences from a suitable geotextile may be useful in reducing
silt levels in run-off water.
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d. Si te ro a d s a n d r iv er cro s s in g s
Site roads and approaches to river crossings must be regularly brushed or scraped and
kept free from dust and mud deposits. The inclusion of small dams in roadside ditches may
assist silt retention, especially on steep slopes. If river crossing is frequently required, a
permanent bridge or pipe crossing should be constructed. This would make fording of the
river and the consequent disturbance of the bed unnecessary.
e . B a n k res to ra tio n
Where possible, bank restoration should be carried out by vehicles operating from the
bank rather than the river.
For long term projects involving on-site concrete production, careful initial siting of concrete
mixing facilities is vital. A settlement and recirculation system for water reuse should be
considered. This will minimise the risk of pollution and reduce water usage. Washing out
and cleaning of concrete batching plant or ready mix lorries should be carried out in a
contained area as far from the watercourse as practical.
c . Re fu e llin g
The risk of spilling fuel is at its greatest during refuelling of plant. Where possible, refuel
mobile plant in a designated area, preferably on an impermeable surface well away from
any drains or watercourses. Keep a spill kit available and use a bunded bowser. Never
leave a vehicle unattended during refuelling or jam open a delivery valve. Check hoses and
valves regularly for signs of wear, and ensure that they are turned off and securely locked
when not in use. Diesel pumps and similar equipment should be placed on drip trays to
collect minor spillages or leaks. These should be checked regularly and any accumulated
oil removed for appropriate disposal.
7 . B R I D G E C L E A N I N G A N D R E PA I N T I N G
Where bridges or other structures over, or adjacent to, rivers are being cleaned or repainted,
debris should be prevented from failing into the watercourse or onto the embankment.
Provision for the collection of solid debris, including spent abrasive materials and waste
Appendix 1
paint, should be incorporated into working methods. Where possible physical cleaning
methods should be adopted in preference to the use of liquid chemicals such as caustic and
acid solutions. If such liquids are used the effluent must be fully contained. The Agency can
advise on the required pollution prevention measures.
8. EMERGENCIES
If it is unavoidable that oil and chemicals have to be used within close proximity of a stream,
river or any other watercourse, then it is recommended that a suitable spill kit or absorbent
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materials are held in the vicinity and that an appropriate temporary bund is put in place. In
the event of any spillage, the spilt material should be contained (using absorbents such as
sand, soil or commercially available booms or pads) and the Agency notified immediately
using the emergency hotline number listed at the end of this guidance.
9. REFERENCES
1. Waste Management - The Duty of Care - A code of practice:
The Stationery Office ISBN: 0 11 753210
4 Use of industrial by-products in road construction - water quality effects, Report 167: CIRIA
(Construction Industry Research and Information Association) ISBN: 0 86017 475 1.
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