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Ground Conditions and Water Quality Portland Energy Recovery Facility (ERF) ES Powerfuel Portland Limited Chapter 8: Ground Conditions and Water Quality

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Ground Conditions and Water Quality Portland Energy Recovery Facility (ERF) ES Powerfuel Portland Limited Chapter 8: Ground Conditions and Water Quality Portland energy recovery facility Environmental statement 8 8 Ground conditions and water quality Portland Energy Recovery Facility (ERF) ES Powerfuel Portland Limited Chapter 8: Ground conditions and water quality 8 Ground conditions and water quality Introduction 8.1 Arup was appointed to undertake the assessments of the potential for effects on ground conditions and water quality. Effects on flood risk were scoped out of the EIA and are addressed in the stand alone flood risk assessment submitted in support of the application. The findings of the assessments are summarised in this chapter and the full reports are included as technical appendices I1 (ground conditions) and I2 (water quality). The data sources and references used in the assessments are shown in table 8.1. British Geological Survey, 2000, 1:50,000 geological map series sheet 341 and part of 342, West Fleet and Weymouth. Solid and Drift British Standards Institute, 2019, BS 8485:2015+A1:2019 Code of practice for the design of protective measures for methane and carbon dioxide ground gases for new buildings British Standards Institute, 2017, BS 10175:2011+A2:2017 Investigation of potentially contaminated sites – code of practice Building Research Establishment, 2005, Special Digest 1: Concrete in aggressive ground, 3rd edition Building Research Establishment, 2004, Report 465: Cover systems for land regeneration: thickness of cover systems for contaminated land Building Research Establishment, 2003, Report 456: Control of dust from construction and demolition activities CIRIA, 2016, C750: Groundwater control: design and practice (second edition) CIRIA, 2014, C733: Asbestos in soil and made ground: a guide to understanding and managing risks CIRIA, 2010, C692: Environmental good practice on-site CIRIA, 2007, C665: Assessing risks posed by hazardous ground gases to buildings CIRIA, 2002, SP156: Control of water pollution from construction sites – guide to good practice CIRIA, 2001, C532: Control of water pollution from construction sites – guidance for consultants and contractors Defra and Environment Agency, 2015, South West River Basin Management Plan Environment Agency, 2019, Land contamination: risk management Environment Agency, 2017, Check if you need permission to do work on a river, flood defence or sea defence Environment Agency, 2016, Pollution prevention for businesses Environment Agency, 2015, Manage water on land: guidance for land managers Environment Agency, 2009, Updated technical background to the CLEA model. Science Report SC050021 Environment Agency, 2006, Remedial Targets Methodology: Hydrogeological Risk Assessment for Land Contamination Environment Agency, 2004, CLR 11 Model Procedures for the Management of Land Contamination Environment Agency, 2002, National Groundwater and Contaminated Land Centre: Piling into contaminated Sites Environment Agency, 2001, Piling and Penetrative Ground Improvement Methods on Land Affected by Contamination: Guidance on Pollution Prevention. NC/99/73 Environment Agency ecology and fish data explorer: https://environment.data.gov.uk/ecology-fish/ Environment Agency catchment explorer: https://environment.data.gov.uk/catchment-planning/ Groundsure, 2020, Street Record, Balaclava Road, Portland, DT5 1PA. Report GS-6721979 Highways England, Transport Scotland, Welsh Government and Department for Infrastructure, 2020, Design Manual for Roads and Bridges LA 113 Road drainage and the water environment International Maritime Organisation, 2015, MSC.1/Circ. 1453/Rev.1 Lloyd’s Register, 2016, Carrying solid bulk cargoes safely Magic website: https://magic.defra.gov.uk/MagicMap.aspx Maritime and Coastguard Agency, 2018, Control and management of ballast water Planning Inspectorate, 2017, The Water Framework Directive Powerfuel Portland Ltd, 2019, Powerfuel Research Document Portland Port Ground Conditions RPS, 2009, Port of Portland Phase 2 Site Investigation Report RPS, 2009, Port of Portland, Castletown, Isle of Portland, Initial Asbestos Screening Assessment Report Zetica, 2020, Portland Port UXO Desk Study & Risk Assessment Table 8.1: References and data sources Terence O’Rourke Ltd 262701 September 2020 8-1 Portland Energy Recovery Facility (ERF) ES Powerfuel Portland Limited Chapter 8: Ground conditions and water quality Legislation and policy Legislation 8.2 Environmental risks are assessed in accordance with the Contaminated Land (England) Regulations 2006 (as amended), which consolidated previous regulations that addressed contaminated land, including Part IIA of the Environmental Protection Act 1990 (as introduced by the Environment Act 1995). Part IIA defines contaminated land as: “land which appears to the local authority in whose area it is situated to be in such a condition that, by reasons of substances in, on or under the land that significant harm is being caused, or there is a significant possibility of such harm being caused, or significant pollution of controlled waters is being caused, or there is a significant possibility of such pollution being caused.” 8.3 The Water Framework Directive (2000/60/EC) was published in December 2000 and transposed into English law in December 2003 through the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003, which were subsequently updated in 2015 and 2017. The intention of the directive is to provide a more holistic approach to protection of the water environment by addressing a wide range of aspects, including physico-chemical, chemical, hydromorphological and ecological. 8.4 The Groundwater Directive (2006/118/EC) established a framework to prevent the input of hazardous substances and manage the input of non-hazardous pollutants into groundwater. It was transposed into English law by the Groundwater (England and Wales) Regulations 2009, which were subsequently revoked by the Environmental Permitting (England and Wales) (Amendment) Regulations 2010 and onwards. The latter require an environmental permit or registered exemption to be obtained from the Environment Agency to discharge anything other than clean, uncontaminated water into inland freshwaters, groundwater, estuaries and coastal waters. 8.5 The Environmental Quality Standards Directive (2008/105/EC, as amended by 2013/39/EU) sets out standards for certain priority and priority hazardous substances considered to be of concern, with the aim of reducing or phasing out their presence in the water environment. The directive was transposed into English law by the Water Environment (WFD) (England and Wales) (Amendment) Regulations 2015. Policy 8.6 Paragraph 170 of the National Planning Policy Framework (NPPF; 2019) notes that planning decisions should prevent new development from contributing to unacceptable levels of soil or water pollution. Paragraph 178 states, in relation to contamination, that planning policies and decisions should ensure that: “A site is suitable for its proposed use, taking account of ground conditions and any risks arising from land instability and contamination. This includes risks arising from natural hazards or former activities such as mining, and any proposals for mitigation, including land remediation (as well as potential impacts on the natural environment arising from that remediation).” Terence O’Rourke Ltd 262701 September 2020 8-2 Portland Energy Recovery Facility (ERF) ES Powerfuel Portland Limited Chapter 8: Ground conditions and water quality 8.7 The Environment Agency’s online Land Contamination: Risk Management guidance provides the technical framework for structured decision-making about land contamination. It advocates a phased approach to risk assessment. 8.8 Policy 16 of the adopted Bournemouth, Christchurch, Poole and Dorset Waste Plan (2019) states that proposals for waste management facilities will be permitted where all of the following criteria are met: • It can be demonstrated that the quality and quantity of water resources (including ground, surface, transitional and coastal waters) would not be adversely impacted and / or would be adequately mitigated • Ground conditions are shown to be suitable • Site soils would be adequately protected, re-used and / or improved as required • There would not be a loss of best and most versatile agricultural land unless the environmental, social and / or economic benefits of the proposal outweigh this loss and it can be demonstrated that the proposals have avoided the highest grades of land wherever possible 8.9 Policy ENV9 of the adopted West Dorset, Weymouth & Portland Local Plan 2015 states that development will not be permitted that would result in an unacceptable risk of pollution to groundwater, surface waterbodies and tidal waters. Planning permission for development on or adjoining land that is suspected to be contaminated will not be granted unless it can be demonstrated that there is no unacceptable risk to future occupiers of the development, neighbouring uses and the environment from the contamination. Methodology Ground conditions Background 8.10 Within the current regulatory framework, the assessment of contaminated land uses a risk-based approach. Under the risk assessment procedure, for harm to the non-aquatic environment or pollution of controlled waters to occur, there must be a ‘pollutant linkage’. A pollutant linkage is based on the characterisation of the following, all of which must be present for a pollutant linkage to occur: • Source (a substance that is a potential contaminant) • Pathways for the contaminant to move from source to receptor • Receptor (such as
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