Non-Agricultural Diffuse Water Pollution Vicky Dawe

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1 Non-Agricultural Diffuse Water Pollution Vicky Dawe 26 February 2010

2 Key Areas of Work Policies: Sustainable Drainage Systems and new provisions in the Flood and Water Management Bill Sewer Misconnections Phosphates in Domestic Detergents The wider regulatory regime, and General Binding Rules Customer Research Interdependencies: Water Framework Directive Surface Water Management and implementing the Pitt Review of 2007 Floods

3 Flood and Water Management Bill To give the Environment Agency an overview of all flood and coastal erosion risk management and unitary and county councils the lead in managing the risk of all local floods. To introduce an improved risk based approach to reservoir safety. To encourage the uptake of sustainable drainage systems by removing the automatic right to connect to sewers and providing for unitary and county councils to adopt SUDS for new developments and redevelopments some debate about connection to the sewer and who should approve and adopt To widen the list of uses of water that water companies can control during periods of water shortage, and enable Government to add to and remove uses from the list - HTA are campaigning for a statutory code of conduct on hosepipe bans To enable water and sewerage companies to operate concessionary schemes for community groups on surface water drainage charges.

4 Flood and Water Management Bill Finished second reading in Lords on Wednesday, committee session likely Since Commons, have added new provisions to reduce bad debt in the water industry by amending the Water Industry Act 1991 to provide a named customer and clarify who is responsible for paying the water bill. And also provisions to make it easier for water and sewerage companies to develop and implement social tariffs where companies consider there is a good cause to do so, and in light of guidance that will be issued by the SoS following a full public consultation. That does not mean that we are cherry-picking or pre-judging Walker; Large projects provision has been changed to enable WASCs to do the lower risk parts of projects, that projects can be retendered if no acceptable bids are received and to clarify that the provisions should only apply anyway to projects of a significant enough scale or risk for there to be a threat to the financial viability of the company or its service to its customers

5 What are Sustainable Drainage Systems (SuDS)? SuDS: Help manage surface water (i.e. rainwater) by replicating natural drainage systems as closely as possible. Can be used in both urban and rural areas. Can significantly reduce localised flash-floods and flooding downstream, as well as slowing down rate at which areas begin to flood. Can improve water quality Have amenity, biodiversity and social space benefits. Examples of SuDS include swales, permeable paving, filter strips and balancing ponds.

6 SuDS and the Bill The Flood and Water Management Bill will: Establish a SuDS Approving Body (SAB) in county or unitary local authorities. Aligns with lead local flood authority role, highways, SWMPs Require SAB approval, before construction can commence, of drainage systems in new developments and redevelopments, although we would set out exemptions and thresholds. Joint application process where planning permission is required Amend S106 of Water Industry Act 1991 to make the right to connect surface water run-off to public sewers (surface water or combined, not foul) conditional on SAB approval of drainage plans implementing Pitt.

7 SUDS Require Minister to issue National Standards for SuDS design, construction, operation and maintenance, supported by statutory guidance Connection to the sewer is a last resort encourage infiltration and attenuation Require SAB to adopt SuDS serving more than one property, where constructed as approved. Highways authority to maintain SuDS in roads to National Standards. Protections for SuDS on private property. Make provisions for: Appeals approval and adoption Enforcement likely to mirror planning enforcement Timing, fees, non-performance bonds

8 National Standards Standards and Guidance being developed for Government by Ciria Expect Standards to take a three pronged approach: (i)a hierarchy of approaches for types of drainage solutions, with solutions at top preferred to solutions lower down; (ii) Criteria for moving down hierarchy so decisions can be made on what is reasonably practicable for a development at each level of the hierarchy; (iii) Performance requirements for construction and operation, including maintenance for LAs and property owners with SuDS. A National Standards Project Advisory Board, representing local authorities, developers, sewerage undertakers, EA and other key stakeholders.

9 SuDS and Water Quality Lamb Drove Development in Cambourne, with Cambridgeshire County Council. Defra and the EA contribute funding Showcase sustainable water management, and monitor the effectiveness of SuDS on a study site, compared to conventional drainage at an adjacent control site. Successfully incorporated and intergraded a comprehensive SUDS system within a residential environment, with positive reactions from both the residents and stakeholders. Demonstrates practical, innovative and cost effective drainage techniques, in both relatively low and high-density developments

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11 Preliminary Results Very positive: Significant attenuation in discharge following rainfall events compared to control site, with SuDS features delaying discharge from the site In higher intensity rainfall events, reduction is flow volumes SuDS treatment train is improving water quality reductions in concentrations in variety of pollutants (more on this later). Environmental benefits - habitats, biodiversity Improved amenity and social value through SuDS in public spaces Potential behavioural benefits through the use of water butts Lower construction costs about 11K, could also see lower carbon costs, although not measured Highlights the need to incorporate at earliest stages of site design

12 Water Quality Benefits There are significantly higher concentrations of hydrocarbons at the control site compared to the SuDs site There appears to be some reduction in metals as water progresses through the SuDs system but the most significant result is the reduction in zinc Suspended solids are generally below expected levels except where specific site conditions appear to have affected particular monitoring locations There is also quantitative evidence of benefit in relation to Phospherous, Nitrogen, Chemical Oxygen Demand (COD), Biological Oxygen Demand (BOD) and Amonia.

13 Phosphates in Detergents Changes to 2005 detergents regulations to limit phosphate to 0.4% (expressed as phosphorous) in domestic laundry cleaning products (DLCPs) Plan to implement regulations in 2010, with ban on sale of detergents containing phosphates to the domestic market by 1 st January 2015 Currently gathering further evidence to understand the impacts of a possible limitation of phosphates in auto-dishwasher detergents, both on water quality and the wider environmental impacts.

14 Misconnections Estimate that 0.6% to 2% of all households in England and Wales are misconnected. There are currently 300,000 misconnections. This number is predicted to increase to 447,000 by New proposal will make dealing with misconnections less bureaucratic and more efficient by amending section 106 of Water Industry Act The legislation already allows a water company to close a misconnection. The change allows a water company to rectify the misconnection closing it and then reconnecting it to the correct sewer. We are considering the outcome of the 2009 Bill consultation, and impact on householders. This change in legislation is part of a wider initiative to reduce the numbers of misconnections, including recently launched EA/Water UK Connect Right campaign.

15 General Binding Rules (GBRs) Considering introducing new, flexible, proportionate and risk-based enforcement sanctions to stop commercial and domestic activities that are likely to cause pollution of water bodies, either directly or indirectly, and which have a cumulative impact on the water environment. Working with the Environment Agency, to gather evidence on types of activities causing pollution, impacts on the environment, and current regulatory tools to help us decide if and where interventions are needed Will be seeking the views of trade associations and those that may be affected by the rules as our policy develops

16 Questions? Suggestions for tackling other areas of nonagricultural diffuse pollution?