T N E M U C 6.6.1-6.6.8 O D Water Resources and Flood Risk The Yorkshire and Humber (CCS Cross Country Pipeline) Development Consent Order Under Regulation 5(2)(a) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Document 6.6.1 Relevant Legislation Document 6.6.2 Relevant Planning Policy Document 6.6.3 Watercourse Crossing Schedule Document 6.6.4 Water Framework Directive (WFD) Classification Information Document 6.6.5 Water Quality Baseline Data Document 6.6.6 Proposed Mitigation Measures for WFD Water Bodies Document 6.6.7 Water Framework Directive Assessment Document 6.6.8 Relevant Consultation Responses Application Reference: EN070001 June 2014 T N E M U C O D 6.6.1 Relevant Legislation The Yorkshire and Humber (CCS Cross Country Pipeline) Development Consent Order Under Regulation 5(2)(a) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Application Reference: EN070001 June 2014 Environmental Statement Volume 6: Ch. 6 Water Resources and Flood Risk 1 Environmental Statement Document 6.6.1 Appendix 6.6.1: Relevant Legislation Legislation Objective European The primary objective of the WFD is to maintain the “high EC Directive status” of water bodies where it exists, prevent deterioration 2000/60/EC The in existing status of waters and to achieve at least “good ‘Water Framework status” in relation to all waters by 2015 (unless there are Directive‘ certain exceptional conditions). EC Directive The Priority Substances Directive (2008/105/EC), a daughter 2008/105/EC The directive of the WFD (see above) sets out ‘priority’ ‘Priority Substances substances that threaten the environment and has the aim of Directive’ reducing the pollution of water from these sources. EC Directive Sets outs standards of water quality for the protection of 2006/44/EC The coarse game and fisheries together with monitoring ‘Freshwater Fish requirements. There are two categories for designated (Consolidated) watercourses, ‘Salmonid’ (those suitable for salmon and trout) Directive’1 and ‘Cyprinid’ (those suitable for coarse fish). The Revised Bathing Water Directive (2006) has the purpose to preserve, protect and improve the quality of the environment and to protect human health. The directive EC Directive introduces a new classification system with more stringent 2006/7/EC The water quality standards and puts an emphasis on providing ‘Revised Bathing information to the public. The new directive classifies bathing Water Directive’ waters as either excellent, good, sufficient or poor. The water quality standards for the new classifications are much higher than those of the original bathing waters directive. This sets out a regime for the prevention and remedying of EC Directive environmental damage including from land contamination 2004/35/EC The which presents a threat to human health. Strict liability would ‘Environmental apply in respect of damage to land, water and biodiversity Liability Directive’ from activities regulated by specified EU legislation. This Directive seeks to reduce or prevent the pollution of water caused by the application and storage (i.e. from leaks EC Directive and spills etc.) of inorganic fertiliser and manure on farmland. 91/676/EEC The It is intended to safeguard drinking water supplies and ‘Nitrates Directive’ prevent wider ecological damage in the form of eutrophication of freshwater and marine waters generally. 1 The Freshwater Fish Directive was fully repealed by the Water Framework Directive in December 2013. It is considered that the classification of a watercourse as a Salmonid or Cyprinid fishery under the Freshwater Fish Directive still provides valuable information on the quality of a water feature and thus it will continue to be included within the determination of importance. The Yorkshire and Humber CCS Cross Country Pipeline Environmental Statement Volume 6: Ch. 6 Water Resources and Flood Risk 2 Environmental Statement Document 6.6.1 Legislation Objective European EC Directive Adopted by the European Union in 2008, this Directive seeks 2008/56/EC The to protect and improve the quality of the marine environments ‘Marine Strategy managed by Member States. Framework Directive’ National The Flood and Water Management Act 2010 intends to provide better, more comprehensive management of flood risk for people, homes and businesses. It will also tackle bad The Flood and Water debt, improve the affordability of water bills, and help ensure Management Act continuity of water supplies. In particular, it encourages the 2010 uptake of sustainable drainage systems by removing the automatic right to connect to sewers and providing for unitary and county councils to adopt SUDS for new developments and redevelopments. The Water Environment (Water Implements the requirements of the WFD in England and Framework Directive) Wales. (England and Wales) Regulations 2003 Eels (England and The Eels (England and Wales) Regulations 2009 set out Wales) Regulations measures for the protection of the European Eel in England 2009 and Wales. Under the Water Resources Act 1991 it is an offence to cause The Water or knowingly permit poisonous, noxious, or polluting matter, Resources Act 1991, or any solid waste matter to enter controlled waters (which as amended by The include rivers). The Water Act 2003 is being progressively Water Act 2003) implemented and controls the use of water including abstraction and discharge consents to water bodies. The Land Drainage Act 1991 places responsibility for maintaining flows in watercourses on landowners. Classified watercourses maintained by the Environment The Land Drainage Agency (EA) are termed “Main Rivers.” The EA has powers to Act 1991 (as control works in, over, under, on the banks of, within 7 to 10m amended) of the top of the bank of the river, and of all floodplain areas under the Land Drainage Act 1991 (as amended) and Water Resources Act 1991 through the issuing of Land Drainage Consents. The Control of These regulations require anyone in England who stores Pollution (Oil more than 200 litres of oil, to provide more secure Storage) (England) containment facilities for tanks, drums, Intermediate Bulk The Yorkshire and Humber CCS Cross Country Pipeline Environmental Statement Volume 6: Ch. 6 Water Resources and Flood Risk 3 Environmental Statement Document 6.6.1 Legislation Objective European Regulations 2001 Containers (IBCs) and mobile bowsers. This is to prevent oil escaping into the environment. The Environmental The Environmental Permitting (England and Wales) (England and Wales) Regulations 2010 extend the permitting regime introduced in Permitting 2008, to include water discharge consents, groundwater Regulations 2010 (as permits and radioactive substances regulations. amended 2012) These regulations implement the Environmental Liability The Environmental Directive in England. There is liability for activities requiring Damage (Prevention Environmental Permits; discharges to water; groundwater and Remediation) discharges; water abstraction or impoundment, amongst (Amendment) others. ‘Environmental damage’ in relation to water quality Regulations 2010 refers to adverse effects on surface water or groundwater consistent with deterioration in the water’s status (WFD term). The Bathing Water Regulations implements the Revised The Bathing Water Bathing Water Directive in England and Wales. It sets out the Regulations 2008 management of bathing water quality. Marine Strategy The Marine Strategy Framework Directive was implemented Regulations 2010 in England by the Marine Strategy Regulations. The Wildlife and Countryside Act has a number of schedules Wildlife and listing species that are afforded enhanced legal protection: Countryside Act 1981 bird species requiring special protection are listed in Schedule 1, animal species requiring special protection are listed in (as amended) Schedule 5 and plant species requiring special protection are listed in Schedule 8. The Yorkshire and Humber CCS Cross Country Pipeline T N E M U C O D 6.6.2 Relevant Planning Policy The Yorkshire and Humber (CCS Cross Country Pipeline) Development Consent Order Under Regulation 5(2)(a) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Application Reference: EN070001 June 2014 Environmental Statement Volume 6: Ch. 6 Water Resources and Flood Risk 1 Environmental Statement Document 6.6.2 Appendix 6.6.2: Relevant Planning Policy Planning Policy Additional Information Overarching Sets out policy considerations for energy infrastructure Planning Policy projects. This includes reference to assessing surface water Statement for Energy receptors and flood risk (see Table 6.4 in the Chapter 6 (EN-1) (July 2011) Water Resources and Flood Risk for further information). The Government’s planning policies for England are set out National Planning in the NPPF (and associated Planning Practice Guidance). It Policy Framework includes considerations relating to the surface water (March 2012) environment and flood risk that should be covered in the assessment of developments. The MPS provides the high level planning framework for decision making in the marine environment (which includes Marine Policy the intertidal area), policy objectives for key offshore Statement (MPS) activities, and the context and considerations that should be (September 2011) taken into account in the next stage of marine planning East Inshore Marine (regional level inshore and offshore Marine Plans). The Plan (expected