Veolia ES Staffordshire Limited Project W2R: Energy Recovery Facility 12 Water Resources 12.1 Introduction 12.1.1 This ES Chapter determines the potential impacts on surface water and groundwater receptors, together with the flood risk associated with the proposed development of the ERF. 12.1.2 This ES Chapter draws upon and reviews the assessment and conclusions of the ES chapter on water resources prepared by Enviros in 2008 for the consented EfW facility, together with comments received and consultation responses ahead of the planning determination and in response to the scoping of the current ERF planning submission. 12.1.3 Consideration is given to potential impacts on surface water and groundwater hydrology and water quality, flood risk and surface water drainage during construction and operation of the proposed development. The need for site specific mitigation measures to protect the water environment are also identified and described. The nature of any residual risks that remain after mitigation has are discussed. Overview of Potential Impacts 12.1.4 Impacts to the water environment resulting from the proposed ERF relate to four main issues: • Erosion and sediment transport. • Chemical / effluent pollution events. • Alteration / interruption of surface water flows. • Alteration / interruption of groundwater flows. Water Related Consultation Responses 12.1.5 The following stakeholders were consulted: • British Waterways (BW). • Environment Agency (EA). • Staffordshire County Council (SCC). • South Staffordshire Water (SSW). 12.1.6 The guidance and comments provided by the stakeholders above have been taken into account and addressed within this assessment. Key guidance includes the request for a Flood Risk Assessment (FRA) by the EA and SCC. Correspondence from the EA indicating they are satisfied that the proposed development satisfies the Sequential Test is included in Annex A of the FRA (Appendix 12.1). 12.1.7 The EA and SSW requested that the contamination in the underlying soils be considered. Therefore the results from both the Phase 2 Site Investigation undertaken by Enviros, and a subsequent site investigation undertaken by MLM Environmental in 2009, have been considered with regards to contamination onsite being mobilised during the construction phase. Environmental Statement August 2010 Volume 1: Main Text 12-1 Veolia ES Staffordshire Limited Project W2R: Energy Recovery Facility 12.2 Relevant Legislation and Policy Legislation 12.2.1 Guidance provided from the UK Technical Advisory Group (UKTAG) provides an overview of the environmental standards for water quality and hydromorphology arising from requirements set by the European Water Framework Directive (WFD), which was transposed into English and Welsh law in December 2003. 12.2.2 The activities associated with the construction of the proposed ERF will need to conform to existing water legislation in England, including the Environment Protection Act (1990), Environment Act (1995), Water Resources Act (1991), Land Drainage Act (1991) and the Water Act (2003). This is particularly relevant in relation to discharges to water and any engineering works or impoundments. These include the following requirements: • Any significant dewatering activity will be subject to licensing by the Environment Agency (EA), under the Water Act (2003). • Any works in, under, over or within 7m of a watercourse will require a land drainage consent (from the EA). • Assurance that riparian owners common law rights to receive water is undiminished in quantity or quality. Relevant Planning Policy National Policy 12.2.3 PPS23: Planning and Pollution Control advises that any consideration of the quality of land, air or water and potential impacts arising from development, possibly leading to impacts on health, is capable of being a material planning consideration, in so far as it arises, or may arise from, or may affect any land use. 12.2.4 PPS25: Development and Flood Risk aims to ensure that flood risk is taken into account at all stages in the planning process to avoid inappropriate development in areas at risk of flooding, and to direct development away from areas of highest risk. Where new development is, exceptionally, necessary in such areas, policy aims to make it safe, without increasing flood risk elsewhere, and, where possible, reducing overall flood risk. Regional Policy 12.2.5 In July 2010 the Secretary of State for Communities and Local Government informed councils and the Planning Inspectorate that the regional planning regime for England no longer forms part of the development plan for the purposes of the determination of planning applications. Guidance issued with the announcement advised that evidence that informed the preparation of the revoked Regional Strategies may still be a material consideration in planning decisions. Local Policy 12.2.6 The saved policies of the South Staffordshire Local Plan (adopted December 1996) provide general development control policies which are used in a determination of a planning application. Saved policies relevant to water include: Environmental Statement August 2010 Volume 1: Main Text 12-2 Veolia ES Staffordshire Limited Project W2R: Energy Recovery Facility 12.2.7 Policy BE25 which seeks to control the location of new development and advocates that: “new buildings shall be located so as to avoid, or at least keep to the minimum…any increase in water…pollution, any loss of potable water and any deterioration in the function of river washlands or other flow protection measures”. 12.2.8 Policy BE27 has regard to the importance of the protection of the natural watercourse system and advocates that it will be protected: “against adverse forms of development by seeking to prevent…drainage from development giving rise to substantial changes in the characteristic of surface water run-off unless adequate site works can be provided”. 12.2.9 Policy BE28 meanwhile relates specifically to the protection of groundwater resources and states that: “proposals for development which could damage ground water resources and prevent the use of those resources will not normally be allowed”. 12.2.10 The Local Development Framework (LDF) will replace the South Staffordshire Local Plan once adopted. The Core Strategy is a fundamental component of the LDF and will set out core policies to guide future development within the district. The draft Core Strategy document was published in January 2010 and has since undergone public consultation. The timetable for the adoption of the Core Strategy document is mid 2011. Guidance 12.2.11 With regard to hydrology, management of water-borne pollution and protection of ecologically sensitive areas, the EA has a statutory obligation to manage and control the pollution of water resources. Accordingly, it is reasonable to assume that the adoption of the EA’s Best Practice Guidelines and licensing of the plant under Environmental Permitting Regulations will prevent pollution to recognised standards and make any ‘significant’ impacts unlikely. The EA’s Pollution Prevention Guidelines (PPGs) are the principal documents used for guidance on preventing the contamination of surface waters from construction activities. 12.2.12 The PPGs relevant to this development include: • PPG1: General Guide to the Prevention of Pollution. • PPG2: Above Ground Oil Storage Tanks. • PPG5: Works In, Near or Liable to Affect Watercourses. • PPG6: Working at Construction and Demolition Sites. • PPG7: Refuelling Facilities. • PPG8: Storage and Disposal of Used Oils. • PPG21: Pollution Incident Response Planning. • PPG26: Storage and Handling of Drums and Intermediate Bulk Containers. 12.2.13 Other relevant guidance includes: Environmental Statement August 2010 Volume 1: Main Text 12-3 Veolia ES Staffordshire Limited Project W2R: Energy Recovery Facility • Environment Agency Groundwater Protection: Policy and Practice document (2007). • Control of Water Pollution from Construction Sites. Guidance for Consultants and Contractors C532 (CIRIA). • Environmental Good Practice on Site C650 (CIRIA). • Sustainable Drainage Systems C609 Hydraulic, Structural and Water Quality Advice (CIRIA). • Designing for Exceedance in Urban Drainage C635 - Good Practice (CIRIA). • The SUDS Manual C697 (CIRIA). • Control of Water Pollution from Linear Construction Projects: Technical Guidance C649 (CIRIA). 12.2.14 A number of other guidance documents have also been reviewed as outlined in the following sections. Waterways for Tomorrow (Defra 2000) 12.2.15 This document follows up the White Paper: A New Deal for Transport; Better for Everyone and sets out proposals for the future of inland waterways (the canals and navigable rivers of England and Wales). 12.2.16 The Government wants to promote the inland waterways, encouraging a modern, integrated and sustainable approach to their use. They want to encourage innovative uses such as water transfer and telecommunications. Transportation of waste by canal to the ERF has been considered but is not feasible (see ES Chapter 3). Waterways for Everyone: The Government’s Draft Strategy for the Inland Waterways of England and Wales (2010) 12.2.17 Waterways for Everyone sets out the development of a successor document to the Waterways for Tomorrow policy document. 12.2.18 The document intends to set out a vision for how waterways can contribute to a wide range of public policy objectives, including: • The natural environment – recognising the value of waterways as wildlife corridors and identifying the challenges to waterways