Evaluation of the Impact of the First Phase of the FWMA- 2010 Reservoir Provisions in Relation to Large Raised Reservoirs FD2701 – Objective 1 March 2020 Joint Flood and Coastal Erosion Risk Management Research and Development Programme Title Applying a Risk-based Approach and Improving the Evidence Base Related to Small Raised Reservoirs Evaluation of the Impact of the First Phase of the FWMA-2010 Reservoir Provisions in Relation to Large Raised Reservoirs Objective 1 report - FD2701 Produced: March 2020 Funded by the joint Flood and Coastal Erosion Risk Management Research and Development Programme (FCERM R&D). The joint FCERM R&D programme comprises Defra, Environment Agency, Natural Resources Wales and Welsh Government. The programme conducts, manages and promotes flood and coastal erosion risk management research and development. This is a report of research carried out by Mott Macdonald, on behalf of the Department for Environment, Food and Rural Affairs Research contractor: Mott Macdonald Authors: Peter Brinded, Carrie Eller, Simon Golds, James Penman, Omar Raja, Alan Warren Publishing organisation Department for Environment, Food and Rural Affairs Flood & Coastal Erosion Risk Management, 2 Marsham Street Seacole Building London SW1P 4DF © Crown copyright 2018 Copyright in the typographical arrangement and design rests with the Crown. This publication (excluding the logo) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright with the title and source of the publication specified. The views expressed in this document are not necessarily those of Defra. Its officers, servants or agents accept no liability whatsoever for any loss or damage arising from the interpretation or use of the information, or reliance on views contained herein. Mott MacDonald | FD2701 – Contract for Applying a Risk-based Approach and Improving the Evidence Base Related to Small Raised Reservoirs Objective 1: Evaluation of the Impact of the First Phase of the FWMA 2010 Reservoir Provisions in Relation to Large Raised Reservoirs Contents Executive Summary 1 1 Introduction 2 1.1 Project Background 2 1.2 Post Implementation Review 2 1.2.1 Aim 2 1.2.2 Objective 2 1.2.3 Research questions 2 1.3 Methodology 3 2 Reservoirs Act 1975 4 2.1 Introduction 4 2.2 Summary of the 1975 Act 4 2.3 Water Act 2003 5 2.4 Discussion 5 3 The Need for Change 6 3.1 Introduction 6 3.2 Environment Agency Biennial Report (2005 to 2007) 6 3.3 Pitt Review 2008 6 3.4 Environment Agency Proposals to Defra for Legislative Change 2008 7 3.5 Discussion 9 4 Flood and Water Management Act 2010 10 4.1 Introduction 10 4.2 Summary of FWMA 2010 10 4.3 Statutory Instruments 11 4.4 Consultation with Industry 12 4.5 Discussion 12 5 Impact Assessment 13 5.1 Introduction 13 5.2 Scope of IA 13 5.3 Calculation of Costs 13 5.3.1 Reference Case 13 5.3.2 One-Off Costs 13 5.3.3 Annual Costs 14 5.3.4 Dam Category 14 5.4 Calculation of Benefits 16 FD2701 - Objective 1 | 06 March 2020 PIMS/380648 Mott MacDonald | FD2701 – Contract for Applying a Risk-based Approach and Improving the Evidence Base Related to Small Raised Reservoirs Objective 1: Evaluation of the Impact of the First Phase of the FWMA 2010 Reservoir Provisions in Relation to Large Raised Reservoirs 5.5 Discussion 16 6 Implementation of FWMA 2010 18 6.1 Introduction 18 6.2 Risk designation 18 6.2.1 Context 18 6.2.2 Industry Consultation 18 6.2.3 Published Guidance 19 6.2.4 Risk Designation Process 21 6.2.5 Undertaker Rights of Representation and Appeal 22 6.2.6 First Tier Tribunals 22 6.2.7 Updated Flood Maps 23 6.2.8 Implications of ‘Not High Risk’ Designation 23 6.3 Other changes to the 1975 Act 24 6.3.1 Inspections and Supervisions 24 6.3.2 Reporting 25 6.4 Discussion 25 7 Data Analysis of LRRs 27 7.1 Introduction 27 7.2 Risk Designation of LRRs 27 7.2.1 General 27 7.2.2 LRRs by Dam Category 27 7.2.3 LRRs by Undertaker Type 28 7.2.4 Geographic Location of ‘Not High Risk’ 30 7.3 Basis of ‘High risk’ Designation 31 7.4 Discussion 31 8 Stakeholder Interviews – Methodology 33 8.1 Introduction 33 8.2 Interview Sample 33 8.2.1 Membership Organisations 33 8.2.2 Water Companies 34 8.2.3 Individual Undertakers 34 8.2.4 Small Business Owners 35 8.2.5 Emergency Planners 35 8.2.6 Enforcement Authority 35 8.3 Interview Topics 35 9 Stakeholder Interviews – Results 37 9.1 Introduction 37 9.2 Membership Organisations 37 9.2.1 Effect on the organisation 37 FD2701 - Objective 1 | 06 March 2020 PIMS/380648 Mott MacDonald | FD2701 – Contract for Applying a Risk-based Approach and Improving the Evidence Base Related to Small Raised Reservoirs Objective 1: Evaluation of the Impact of the First Phase of the FWMA 2010 Reservoir Provisions in Relation to Large Raised Reservoirs 9.2.2 Effect on reservoir undertakers 38 9.2.3 Costs 38 9.2.4 Risk designation process 38 9.2.5 Other 38 9.3 Water Companies 39 9.3.1 General overview 39 9.3.2 Management of partially deregulated reservoirs / changes in behaviour 39 9.3.3 Costs 39 9.3.4 Risk designation 40 9.3.5 Other comments 40 9.4 Individual Undertakers 40 9.4.1 General overview 40 9.4.2 Risk designation process 41 9.4.3 Management of partially deregulated reservoirs 42 9.4.4 Costs 42 9.4.5 Reservoir legislation 43 9.4.6 Other comments 43 9.5 Small Business Owners 43 9.5.1 General overview 43 9.5.2 Risk designation process 43 9.5.3 Reservoir management of partially deregulated reservoirs 44 9.5.4 Costs 44 9.5.5 Reservoir legislation 44 9.6 Emergency Planners 44 9.6.1 General overview 44 9.6.2 Emergency response to reservoir incidents 45 9.6.3 Response to changes in legislation 45 9.7 Enforcement Authority 46 9.7.1 Impact on the Environment Agency 46 9.7.2 Impact on reservoir undertakers 47 9.7.3 Risk designation 47 9.7.4 Costs 48 9.7.5 Other 48 9.8 Conclusions 49 9.8.1 Membership organisations, water companies, individual undertakers and SBOs 49 9.8.2 Emergency planners 49 9.8.3 Enforcement Authority 50 10 Implementation Review 51 10.1 Anticipated Benefits (Impact Assessment) 51 10.2 Actual Benefits (Impact Assessment) 51 10.3 Other Impacts 53 FD2701 - Objective 1 | 06 March 2020 PIMS/380648 Mott MacDonald | FD2701 – Contract for Applying a Risk-based Approach and Improving the Evidence Base Related to Small Raised Reservoirs Objective 1: Evaluation of the Impact of the First Phase of the FWMA 2010 Reservoir Provisions in Relation to Large Raised Reservoirs 11 Conclusions 55 11.1 Main Conclusions 55 11.2 Research Questions 57 Appendices 63 A. Environment Agency LRR Database 64 B. Interview Documents 65 Tables Table 1: Roles and Responsibilities under the Reservoirs Act 1975 4 Table 2: Summary of EA's proposals to Defra for legislative change 7 Table 3: Amendments to the 1975 Act by FWMA 2010 (ICE; 2014a) (ICE; 2014b) (ICE; 2014c) 10 Table 4: Statutory Instruments of the FWMA 2010 11 Table 5: LRRs by dam category and risk designation 28 Table 6: LRRs by undertaker type and risk designation 28 Table 7: Primary receptor for ‘High risk’ designation of Category C and D reservoirs 31 Table 8: Proposed interviews 33 Table 9: Interviews undertaken 37 Table 10: Simplicity of risk designation process 41 Table 11: Reassessed IA for 2017 52 Table 12: Comparison of IAs 53 Table 13: Responses to research questions 57 Table 14: Document summary 59 Figures Figure 1: Risk designations of LRRs 27 Figure 2: Category C LRRs 28 Figure 3: Category D LRRs 28 Figure 4: LRRs by undertaker type and risk designation 29 Figure 5: Location of ‘not high risk’ reservoirs 30 FD2701 - Objective 1 | 06 March 2020 PIMS/380648 Mott MacDonald | FD2701 – Contract for Applying a Risk-based Approach and Improving the Evidence Base Related to Small Raised Reservoirs 1 Objective 1: Evaluation of the Impact of the First Phase of the FWMA 2010 Reservoir Provisions in Relation to Large Raised Reservoirs Executive Summary Following the floods of 2007 and the subsequent Pitt Review, changes were implemented to the Reservoirs Act 1975 by the Flood and Water Management Act (FWMA) 2010. This report has been prepared to provide evidence to feed into a Post Implementation Review of the changes in legislation. One of the main changes to reservoir safety management was the introduction of a risk designation process for all Large Raised Reservoirs in England. The process would permit the partial deregulation of reservoirs which were not considered to be high risk. The criteria for a reservoir being ‘high risk’ was prescribed in the FWMA 2010 as where “in the event of an uncontrolled release of water from the reservoir human life could be endangered”. Other changes to reservoir safety management included mandatory submission of reports, statutory incident reporting, provisions for statutory maintenance and enhanced powers for the Supervising Engineer. An Impact Assessment of the changes to the legislation was undertaken by the Department for Environment, Food & Rural Affairs (Defra) in 2011. One of the impacts identified was the substantial potential savings through partial deregulation based on the assumption that around 55% of Large Raised Reservoirs would be partially deregulated.