The Water Environment (Miscellaneous) (Scotland) Regulations 2017

Publication Date:January 01, 2017
 
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2017No. 389

ENVIRONMENTAL PROTECTION

WATER

The Water Environment (Miscellaneous) (Scotland) Regulations 2017

Made7thNovember2017

Laid before the Scottish Parliament9thNovember2017

Coming into force1stJanuary2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20 and 36(2) and schedule 2 of the Water Environment and Water Services (Scotland) Act 2003( 1) (“the Act”) and section 2(2) of the European Communities Act 1972( 2) and of all other powers enabling them to do so.

In accordance with section 21(1) of the Act, they have consulted the persons required.

In accordance with section 21(2) of the Act, they have published a draft of the proposed general binding rules, publicised the opportunity to make representations, and made copies of the proposed rules available for public inspection.

In accordance with section 21(4) of the Act, they have had regard to the representations on the proposed rules received by them.

PART I

GENERAL

Citation and commencement

1. These Regulations may be cited as the Water Environment (Miscellaneous) (Scotland) Regulations 2017 and come into force on 1st January 2018.

Amendment of the Water Environment (Controlled Activities) (Scotland) Regulations 2011

2. The Water Environment (Controlled Activities) (Scotland) Regulations 2011( 3) are amended in accordance with regulations 3 to 7.

PART II

AMENDMENT TO GENERAL BINDING RULES

Amendment of schedule 3

3. In schedule 3 (general binding rules)—

(a) in Part 1, for the entry relating to activity 3, substitute—

3. The construction, extension or operation of any well, borehole or other works by which water may be abstracted, if such works are—

(a) not intended for the purpose of abstraction;

(b) intended for the abstraction of less than 10 m3 of water in any one day;

(c) intended for the abstraction of less than 150 m3 of water in any period of one year, and the purpose of the abstraction is either—

(i) to test for the yield of the borehole or well or the hydraulic properties of the aquifer; or

(ii) to sample the water quality;

(d) intended to dewater one or more excavations at—

(i) a construction site for roads, buildings, pipelines, or other built developments; or

(ii) a site at which the maintenance of such developments is being undertaken; or

(e) intended for the purpose of undertaking activity 17.”;

(a) The construction and operation of—

(i) subject to paragraphs (b) and (c), any well or borehole; and

(ii) any other works, must be such as to avoid the entry of pollutants or water of a different chemical composition into the water environment;

(b) drilling fluids may be introduced into a well or borehole if necessary to facilitate the drilling of the well or borehole, provided this does not result in pollution of the water environment;

(c) potable water may be introduced into a well or borehole to test the hydraulic properties of the aquifer;

(d) when any well or borehole is no longer required, it must be back-filled or sealed to the extent necessary to avoid loss of groundwater from any aquifer and to avoid the entry of pollutants or water of a different chemical composition into any body of groundwater; and

(e) the depth of any well or borehole beneath the surface of the ground must not exceed 200 metres.

(b) in Part 1, for the entries relating to activities 9 to 12, substitute—

9. Operating any vehicle, plant or other equipment in or near any surface water or wetland for the purpose of undertaking any other activity specified in this schedule or for the purpose of maintaining an existing man — made structure in or near any surface water or wetland.

(a) Any vehicles, plant or other equipment must only operate in water where it is impracticable for them to operate on dry land;

(b) the refuelling of vehicles, plant or other equipment must be undertaken at least 10 metres from any—

(i) river, burn, canal, ditch or loch, as measured from the top of the bank;

(ii) wetland; or

(iii) transitional water or coastal water, as measured from the shoreline;

(c) any static plant or equipment used within 10 metres of any—

(i) river, burn, canal, ditch or loch, as measured from the top of the bank;

(ii) wetland; or

(iii) transitional water or coastal water, as measured from the shoreline, must be positioned on a suitably sized and maintained impervious drip tray with a capacity equal to 110% of the capacity of the fuel tank which is supplying the tank or equipment;

(d) any vehicle, plant or other equipment used in or near surface water or wetland must not leak any oil;

(e) the washing of vehicles, plant or other equipment must be undertaken at least 10 metres away from any—

(i) river, burn, ditch or loch, as measured from the top of the bank;

(ii) wetland; or

(iii) transitional water or coastal water, as measured from the shoreline, and water from such washing must not enter any surface water or wetland;

(f) vehicles, plant or other equipment must not be operated in a river, burn or ditch during periods in which fish are likely to be spawning in the river, burn or ditch nor during the period between any such spawning and the subsequent emergence of the juvenile fish;

(g) vehicles, plant or equipment must not be operated in any part of a river, burn or ditch if there is a reasonable likelihood that, within 50 metres of such an operation, there are freshwater pearl mussels;

(h) during forestry operations the operator must not operate machinery in any surface water or wetland; and

(i) following the operation of the vehicle, plant or other machinery, any damage caused by the operation to the bed and banks of the surface water must be repaired, including reestablishing vegetation on any areas of bare earth on the banks resulting from the operation, either by covering the area with grass turfs or lining them with a biodegradable geotextile and seeding.

10. (a) Discharge of water run-off from a surface water drainage system to the water environment from:

(i) up to 60 hectares of land used for residential premises;

(ii) land used for non-residential premises or yards, except where the buildings or yards are in an industrial estate;

(iii) land used as a motorised vehicle parking area with up to 1,000 parking spaces;

(iv) metalled roads other than motorways and A roads;

(v) waterbound roads; or

(b) discharge of water run-off from a construction site to the water environment where the site, including any constructed access tracks, does not:

(i) exceed 4 hectares;

(ii) contain a road or track length in excess of 5km; or

(iii) include any area of more than 1 hectare or any length of more than 500 metres on ground with a slope in excess of 25°.

(a) All reasonable steps must be taken to ensure that the discharge does not result in pollution of the water environment;

(b) the discharge must not—

(i) contain any trade effluent or sewage; or

(ii) result in visible discolouration, iridescence, foaming or growth of sewage fungus in the water environment;

(c) the discharge must not result in the destabilisation of the banks or bed of the receiving surface water;

(d) the discharge must not contain any water run-off from any built developments, the construction of which is completed on or after 1st April 2007, or from construction sites operated on or after 1st April 2007, unless—

(i) during construction those developments are drained by a SUD system or equivalent systems equipped to avoid pollution of the water environment;

(ii) following construction those developments are drained by a SUD system equipped to avoid pollution of the water environment;

(iii) the run-off is from a development that is a single dwelling and its curtilage; or

(iv) the discharge is to coastal water;

(e) the discharge must not contain any water run-off from:

(i) any fuel delivery areas constructed on or after 1st April 2007, or any areas where vehicles, plant and equipment are refuelled constructed on or after 1st April 2007;

(ii) vehicle loading or unloading bays constructed on or after 1st April 2007 where potentially polluting matter is handled; or

(iii) oil and chemical storage, handling and delivery areas constructed on or after 1st April 2007;

(f) in relation only to activity 10(b), all parts of a construction site on which—

(i) operations first commenced on or after 1st June 2018; and

(ii) any works are to be undertaken, or any vehicles are to be operated or parked,

must be drained by a surface water drainage system with capacity to accommodate the maximum volume of run-off that would reasonably be expected to occur from that land during the period of construction;

(g) all facilities with which the surface water drainage system is equipped to avoid pollution, including oil interceptors silt traps and SUD system attenuation, settlement and treatment facilities, must be maintained in good order and repair; and

(h) all reasonable steps must be taken to ensure that any matter liable to block, obstruct, or otherwise impair the ability of the surface water drainage system to avoid pollution of the water environment is prevented from entering the drainage system.

11. Discharge into a surface water drainage system.

(a) Oil, paint, paint thinners, pesticides, detergents, disinfectants or other pollutants must not be disposed of into a surface water drainage system or onto any surface that drains into a surface water drainage system;

(b) any matter liable to block, obstruct, or otherwise impair the ability of the surface water drainage system to avoid pollution of the water environment must not be disposed of into a surface water drainage system or onto a surface that drains into a surface water drainage system;

(c) sewage or trade effluent must not be discharged into any surface water drainage system; and

(d) on construction sites, any area of exposed soil from which the discharge of water run-off to the water environment is authorised under activity 10, and the period of time during which such soil...

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