1. Prevent or Limit, and use of Environmental Permitting Regulations (2010)
Anna Hall
Senior Groundwater Advisor
Environment Agency, England and Wales
13th October 2011

2. Prevent or Limit Mechanisms
Permitting (Groundwater Directives/WFD compliant)
Environmental Permits
Exclusions
Exemptions
Powers to act
EPR notices (prohibition, “activity”, enforcement, suspension)
Anti-Pollution Works notices.
Water Protection Zones
Other mechanisms
Source (product authorisation) controls (e.g. pesticides);
Codes of Practice ( e.g. Code of Good Agricultural Practice, Solvents, Petrol retailing).
Development Planning
Part 2A (Contaminated Land)
We have a duty under EPR to take all necessary measures—
(a) to prevent the input of any hazardous substance to groundwater; and
(b) to limit the input of non-hazardous pollutants to groundwater so as to ensure that such
inputs do not cause pollution of groundwater.

3. Prevent or Limit
2006/118/EC delivered mainly in England and Wales though Environmental Permitting Regulations (EPR) 2010:
All activities that require permitting to protect groundwater classed as ‘groundwater activities.’
Those subject to exclusions not classed as ‘groundwater activities’
Environmental permitting guidance: Groundwater Activities:

4. Prevent Identify hazardous substances
JAGDAG (Joint Agencies Groundwater Directive Advisory Group)
Recently consulted on methodology, considering responses
Starting point –
all (old) List 1 substances = hazardous
all (old) List 2 substances = non hazardous
Currently reviewing prioritised list of substances inc. substances with new evidence or those not listed
Under EPR the EA is responsible for making determinations of what substances are hazardous and for publishing a list of these determinations. Government guidance to the EA indicates that :
“The identification of hazardous substances will be the responsibility of the Environment Agency on the recommendation of the Joint Agencies Groundwater Directive Advisory Group (JAGDAG).
Whilst JAGDAG can review determinations the responsibility for decisions and listing rests with the EA in England & Wales.
Hazardous substances are defined in the Water Framework Directive as “substances or groups of substances that are toxic, persistent and liable to bioaccumulate, and other substances or groups of substances which give rise to an equivalent level of concern”.
The criteria for identifying substances that are persistent, bioaccumulative and toxic are established in the Technical Guidance Document for Risk Assessment and the REACH Regulations (references below)
The Water Framework Directive also states that “the implementation of this Directive is to achieve a level of protection of waters at least equivalent to that provided in certain earlier acts”. Therefore it is essential to ensure that the new method will achieve a level of protection that is at least equivalent to that of the 1980 Groundwater Directive.
Technical Guidance Document
European Chemicals Bureau Technical Guidance Document on Risk Assessment in support of Commission Directive 93/67/EEC on Risk Assessment for new notified substances, Commission Regulation (EC) No 1488/94 on Risk Assessment for existing substances, Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market. 2003
reviewing a prioritised list in order:
1. substances that have been brought to an Agency or to JAGDAG
2. substances previously determined as List 1 but not consulted on
3. substances previously determined as List 2 but not consulted on
4. substances previously determined as neither List 1 or List 2 but not consulted on
REACH Regulation
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Regulation, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.

5. Prevent Prevent input of hazardous substances to groundwater
Activities which require a permit
No entry of hazardous substance to groundwater unless subject to an exclusion
Assess discernibility of input
Subject to practical considerations, a substance would be discernible if its concentration exceeds:
the natural background quality of the groundwater, or
a minimum reporting value (MRV), often around the limit of detection or other value prescribed by legislation

6. Limit
Ensure the entry of non-hazardous pollutants into groundwater is limited
Any substance which is capable of causing pollution – wider controls
Values applied to permit based on environmental receptors e.g.
Drinking water sources
Rivers/ lakes/ wetlands

7. Non-hazardous pollutants to ground
Non-hazardous pollutants to ground. Permit ensures receptors (river and water supply) protected (limit entry)
Permit ensures hazardous substances are prevented from entering groundwater
Water
supply
Monitoring - permit compliance

8. (4) A permit may not be granted—
(a) without examination of—
(i) the hydrogeological conditions of the area concerned,
(ii) the possible purifying powers of the soil and subsoil, and
(iii) the risk of pollution and alteration of the quality of the groundwater from the
discharge, and
(b) without establishing whether the input of pollutants to groundwater is a satisfactory
solution from the point of view of the environment.
(5) A permit may only be granted if the regulator has checked that the groundwater (and, in
particular, its quality) will undergo the requisite surveillance.

9. Env permit for sheep dip disposal e. g
Env permit for sheep dip disposal e.g permits for disposal of sheep dip and pesticide washings to ground - each permit was individually risk assessed to meet the prevent and limit requirements 
4) A permit may not be granted—
(a) without examination of—
(i) the hydrogeological conditions of the area concerned,
(ii) the possible purifying powers of the soil and subsoil, and
(iii) the risk of pollution and alteration of the quality of the groundwater from the
discharge, and
(b) without establishing whether the input of pollutants to groundwater is a satisfactory
solution from the point of view of the environment.
(5) A permit may only be granted if the regulator has checked that the groundwater (and, in
particular, its quality) will undergo the requisite surveillance.

10. Specific Guidance
Horizontal Guidance for Environmental Permitting: Annex J: Groundwater
Prevent
Limit
Necessary and reasonable measures

11. Activity specific guidance

12. EPR Exclusions
‘is the consequence of an accident or exceptional circumstances of natural causes that could not reasonably have been foreseen, avoided or mitigated’
“of a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater.”
“is or would be incapable, for technical reasons, of being prevented or limited without using measures that would increase risks to human health or to the quality of the environment as a whole”.
“is or would be incapable, for technical reasons, of being prevented or limited without using disproportionately costly measures to remove quantities of pollutants from, or otherwise control their percolation in, contaminated ground or subsoil.”
New exclusion for accidents or exceptional circumstances of natural cause……..;
De minimis (as existing);
Inputs where controls would increase risks to human health and the environment - NO NET DISBENEFIT;
Where contamination is already in the ground and it is disproportionately costly to remove or control it.
Technical determination by the Environment Agency

13. EPR Exemptions
Listed groundwater activities under EPR exempt from permitting subject to specific regulatory criteria
Discharge from a septic tank or sewage treatment plant of 2 cubic metres per day or less of sewage effluent
the discharge of small quantities of substances for scientific purposes as part of
(a) a specified groundwater remediation scheme; or
(b) a groundwater tracer test.
If don’t meet criteria, then require a permit

14. May be permitted All activities listed in WFD under Article 11 3 (j)
Mitigating effects of floods and drought
Artificial recharge or augmentation for purposes of groundwater management in 2006/118/EC
As long as doesn’t compromise WFD Article 4 objectives