River Dee Water Protection Zone

A CONSULTATION DOCUMENT

NRA National Rivers Authority Welsh Region INTRODUCTION LEGAL BACKGROUND AND The River Dee is a critically important river PROCEDURES providing drinking water to more than two million One of the most important functions of the people in north east , and National Rivers Authority is the control of water Merseyside. Many industries are located in the pollution. This role includes a requirement under catchment and these have been the source of Section 15 of the Water Resources Act 1991 (WRA) numerous pollution incidents, some affecting the to protect the quality of rivers used for drinking drinking water supply. water supply so that the water companies are able By far the most serious of these incidents occurred to supply “wholesome” drinking water (Section in January 1984 when a phenolic chemical entered 68, Water Industries Act 1991). the river seriously affecting domestic water The WRA (Section 93) empowers the NRA to supplies and industrial processes for several days. apply to Secretary of State for an Order (or Orders) In circumstances where the potential exists for such designating areas as “Water Protection Zones”. A risk to public health through water pollution, the WPZ Order is therefore a legal mechanism aimed law allows for additional protection measures to be at anticipating and preventing water pollution promoted including those associated with the arising from activities which are unsuited to designation of an area as a “Water Protection Zone” control by licensing of direct discharges. (WPZ). A WPZ is a defined area within which An application by the NRA for the designation of a additional controls are introduced, prohibiting or WPZ would be the first use of the legislation restricting certain activities (in this case the storage although similar powers have been in place since or use of designated substances) in order to reduce 1974. It will be the Secretaries of State for the the risk of pollution affecting water quality. Environment and Wales, in consultation with the Previous initiatives to establish a WPZ were Minister of Agriculture, Fisheries and Food, who delayed by the privatisation of the water industry. will decide whether an Order is necessary and may, Since the National Rivers Authority came into in reaching a decision, call a public local inquiry to being in 1989, a comprehensive research and examine all the issues. development programme on risk assessment at industrial sites has been completed. WHY THE NRA WANTS THE DEE The purpose of this document is: CATCHMENT TO BE A WPZ to explain why the NRA will be applying to The Dee is one of the biggest lowland rivers used the Secretaries of State for the Environment for public water supplies in England and Wales. It and Wales for the freshwater River Dee is particularly vulnerable because of the large number catchment to be designated as a WPZ. of industries using chemicals located upstream of to describe briefly the essential features of a the abstractions and the lack of bankside storage WPZ and what its impact would be on for some abstractions. Bankside storage can be industries based in the catchment. used to avoid disruption to supply when the abstraction is temporarily closed and for keeping # to outline the alternatives to a WPZ which polluted water out of the supply pipelines. have been considered. The number of pollution incidents, resulting from to seek the views and comments of those who the accidental release of chemicals by industry, would be affected if the River Dee catchment remains high in the Dee compared with other rivers. were to be designated as a WPZ. The NRA has developed a sophisticated and comprehensive water quality monitoring system in WHAT IS A WATER PROTECTION ZONE? conjunction with some companies who have implemented pollution control measures. However A WPZ is an area, which can be a part or the the NRA believes that it can only be a matter of time whole of a river catchment, where additional before an incident as serious as that in 1984 recurs. controls apply which seek to anticipate and prevent water pollution. In practical terms a WPZ would Whilst a number of other existing controls may be control or, if necessary, prohibit the storage and used to deal with and anticipate pollution use of chemicals within the designated area in incidents, Section 93 of the WRA allows a more order to provide a safer environment and protect comprehensive, long term and proactive approach the purity of water supplies. to pollution prevention by the NRA. RIVER DEE CATCHMENT

MAIN DRINKING WATER ABSTRACTIONS % MAIN INDUSTRIES •

RIVER DEE CATCHMENT BOUNDARY ——

WATER PROTECTION ZONE

TOWN LOCATIONS pfhe Bee Estuary ha$ not been included }n fhe WPZ proposal because tidal waters give rise to different5 < considerations and ihemain purpose istoproteddrinking water supplies. AHihedrinkmg water abstraction - \ points areabove tfeweir at and, therefore, ateve the effective tidatrarige, ^ ' > ' < ^ AVA<# , a.a.'/a.avw w a,^ *AW • * r . vvil.w VAVVVV*V W/.wW.V.V.V^.V.V.V^VvNVWv*^.>-.V. SUBSTANCES COVERED The substances to be controlled include the following: • a dangerous substance; a lubricant, industrial spirit or solvent • a medicinal product; a liquid food or feeding stuff • an inorganic fertilizer; a cosmetic product • or a substance identified by its manufacturer as being toxic, harmful, corrosive or irritant THE NEXT STEPS Final preparations are underway for the NRA to apply in the near future to the Secretaries of State for the Environment and Wales for an Order designating the WPZ. The application for an Order will be accompanied by a draft of the Order applied for and notices of the application will be published in one or more local newspapers and in the London Gazette. Copies of the newspaper notice will be served on every local authority and water undertaker within the proposed zone. The draft Order will also be available for public inspection. Objections to the making of the Order may be made within 28 days of the first publication of the newspaper notice. The Secretaries of State may hold a local public inquiry before deciding on the application.

NRA glc/1/94 Welsh Region UPDATE...UPDATE...UPDATE...UPDATE...UPDATE...UPDATE...U]

RIVER DEE WATER PROTECTION ZONE

PROPOSAL As a result of feedback from the recently-completed public consultation exercise on the River Dee WPZ proposal, the National Rivers Authority has decided to make the following changes to the draft Order being prepared for submission to the Secretaries of State for the Environment and Wales: • gases to be exempt • only liquid foods and feeding stuffs (not solids and powders) to be included • areas within a site covered by an Integrated Pollution Control authorisation to be exempt SOME POINTS TO NOTE: The following will be exempt:, • Agricultural units - other powers exist for their control which are more appropriate • Petrol filling stations • Construction sites AAC • Fuels - if kept on site solely for heating or power • Substances present on site for 24 hours or less while in transit

See over.... NRA Welsh Region INDUSTRIAL ESTATES: MAIN POTABLE ABSTRACTIONS: MOLD (Ref. No.) (NAME) (No. of Units) (Ref. No.) 1 Bromfield 20 1 Dee Bridge, Chester 2 Brancoed 5 2 Chester Waterworks, Barrelwell Hill 3 North West Water, Heronbridge 4 North West Water, Huntington 3 Uay 53 5 Welsh Water, Poulton 4 Uay Hall 8 6 WEDWC0, Bangor-ls-Y-Coed 10 miles 5 Gresford 8 6 Rhosddu 20 7 Southsea 2 POTABLE ABSTRACTIONS: 4 - 8 Five Crosses 19 9 Wrexham Technology Park 6 AGRICULTURAL ABSTRACTIONS: 10 Cambrian 7 11 Whitegate 19 INDUSTRIAL ABSTRACTIONS: 4* 12 Queensway 6 13 Red Wither 50 14 Wrexham 120 RIVER DEE CATCHMENT BOUNDARY: 15 Felin Puleston 6 16 Bersham 27 WATER PROTECTION ZONE BOUNDARY: 17 Coppi 4 18 Gardden 11 WALES-ENGLAND BOUNDARY:------20 Wynstay Technology Park . 11 21 Lightwood Green 7 22 Penley Hall 15 CHIRK 23 Acorn Trading Estate 6 24 Canal Wood 8 25 Ty'n Llidiart 5 26 Station Yard 5

MAJOR INDUSTRIES: (Ref. No.) 1 Synthite Ltd., Mold 2 Monsanto PLC., Ruabon 3 Kronospan Ltd., Chirk

MAIN SEWAGE DISCHARGES: (Ref. No.) 1 Mold 2 Five Fords 3 Chirk 4 5 Corwen

TOWNS:

TRUNK ROADS:

MAIN ROADS: -

National Rivers Authority-Welsh Region RIVER DEE CATCHMENT PROPOSED ORDER FOR WATER PROTECTION ZONE Water Resources Act 1991-Section 93(1 )(a) PROPOSED PROTECTION ZONE AREA Risk Assessment allows the proactive prevention of pollution. It involves the identification of any The Dee has a wide ranging industrial base which industrial chemicals in the catchment which are is spread throughout the catchment. Some of the capable of causing unacceptable pollution of the most significant industries are sited above all the river. The NRA would then be able to require major abstraction points. To ensure that significant industry to introduce precautions to: industries are not excluded from control, the whole of the non-tidal catchment above Chester Weir (the 0 reduce the risk of an accident occurring (such abstraction point for Chester Water Company) as revised operating procedures), or needs to be included. This is because chemicals diminish the consequences if one occurs (such released at the top of the catchment can easily flow as improved bunding or drainage systems). down to the sea at toxic concentrations (see map). The project has produced a personal computer software tool, PRAIRIE (Pollution Risk from WHAT WOULD HAPPEN IF THE WPZ Accidental Influxes into Rivers and Estuaries) APPLICATION IS SUCCESSFUL? which assesses the consequences of spillages of chemicals into river systems. The proposed Water Protection Zone (River Dee Catchment) Designation Order 1993 would cover PRAIRIE is used in the first stage of the process, as all the procedural aspects of managing the a screening exercise for companies holding protection zone. significant stocks of chemicals. There are more than 1,000 companies in the Dee catchment but The main features would be: only about a quarter of these would require the requirement for the NRA’s consent before protection zone consent and only these would the storage or use of particular chemical therefore need to carry out the assessment. substances within certain, broadly industrial The next two stages involve increasingly-complex sites, and risk assessment procedures. These consider the the demonstration of a satisfactory risk probability of a spillage occurring because of some assessment for both the operation and storage unplanned event and the ability of in-site systems of the substances concerned. to contain the spillage. Industries requiring a WPZ consent would be identified through a preliminary screening exercise. WHAT OTHER OPTIONS APART FROM The charge for this consent is thought likely to be AWPZ ARETHERE? around £50 for a straightforward situation with very few chemicals rising to about £250 for more “Do Nothing”: This would be unacceptable complex sites. having regard to the history of pollution incidents and, in any event, could still involve considerable During the transitional period when the risk potential costs arising from: assessment procedures would take place, authorisations or “consents” would be granted to £ cleaning up after pollution incidents and existing industries but they would be subject to possible heavy fines and compensation review after two years. Authorisations granted to payments; new or changed industrial processes would also be poorly targeted improvements; reviewed after two years. # intensive and expensive monitoring If there was a change in land control or ownership, requirements. an application for continuation of the consent would be required. New/Additional bankside storage: The provision of new or additional bankside storage facilities for An appeals mechanism, allowing for various the four water companies to allow them to matters to be referred to the Secretary of State, maintain supplies while intakes are closed until the would be available. polluted water has flowed past could amount to £20 million. However, as this would not prevent pollution it would not be a solution addressing the CONTROLLING INDUSTRIAL HAZARDS real problem. Piping water direct from existing A risk assessment project, co-fundcd by the reservoirs within the catchment would be even National Rivers Authority, the Department of more expensive and could potentially result in Environment and the Health and Safety Executive, ecological damage. and undertaken by acknowledged experts in the field has been developed to underpin promotion of the Order for a Water Protection Zone.. Voluntary scheme: A voluntary scheme for THE NEXT STEPS protecting the river from industrial pollution would not cost any less than the formal approach The NRA will hold meetings with special groups providing it was uniformly adopted but it is very and organisations as well as individual companies doubtful that any voluntary scheme would be fully to discuss its proposals for a WPZ. Public meetings supported. will be held at Wrexham, Mold and Chester - the dates and venues of these will be advertised locally. Water Protection Zone costs would be of the same order as those associated with a voluntary scheme When the NRA has considered the responses to but would ensure that the “polluter pays” principle this consultation paper, and if it remains convinced is followed. of the need for an Order it will make a formal application to the Secretaries of State for the More generally, companies operating in the Dee Environment and Wales for an Order designating catchment would have to respond positively to the the WPZ. The application for an Order must be challenge of protecting a relatively high risk accompanied by a draft of the Order applied for environment whilst maintaining and developing and notices of the application will be published in their productive enterprises. one or more local newspapers and in the London Gazette. Copies of the newspaper notice will be served on every local authority and water A VIEW FROM INDUSTRY undertaker within the proposed zone. The draft “While planning the installation of a new waste Order will also be available for public inspection water treatment plant in 1987, we voluntarily and sale. Objections to the making of the Order carried out a risk assessment at our site to may be made within 28 days of the first publication identify the most vulnerable areas for surface of the newspaper notice. The Secretaries of State water pollution. Consequently, we were able to may hold a local public inquiry before deciding introduce a number of projects which upon the application. significantly reduced the risks to the River Dee It is the NRA’s wish that a Water Protection Zone from a site incident by providing adequate for the River Dee should be established as soon as containment systems and procedures without possible and it is presently intended for the an unacceptable impact on site overheads. application to be made in January 1994. Whilst our actions have already brought the same significant benefits locally as would be achieved generally by a Water Protection Zone, WHAT YOU SHOULD DO we understand the wider concerns of the NRA and we support this worthwhile initiative.” The NRA wants to hear your views and comments. HOWARD BOWLES It would be most helpful if you give your thoughts Environmental Manager, Monsanto pic, Wrexham to an organisation to which you belong so that it can represent the collective views of its members. If this is not possible we would be pleased to hear SOME KEY ISSUES from you directly and try to answer some of your Some of the key issues which you may wish questions. Of course, this in no way prejudices the to consider and comment upon are: rights of consultees in formally making their views known to the Secretaries of State. If you have any the need for such additional controls in the queries before making your response, then please Dee catchment call our Mold Helpline on 0352 758877 between how successful they are likely to be 0900 and 1630 hours Monday to Friday (an answer phone service will be available outside these the costs to industry hours). The Helpline will be available from 1 the use of alternative measures including November to 23 December this year. the voluntary approach. The closing date for comments is 31 December 1993. Responses marked “S.93 Consultation Paper” should be sent to: Hilary Smith District Pollution Control Manager National Rivers Authority PO Box 550 Shire Hall Mold CH7 6FA