Environment Protection (Water Quality) Policy 2015, stormwater pollution prevention & dewatering guidance

Transcription

1 South Australia s Environment Protection Authority Environment Protection (Water Quality) Policy 2015, stormwater pollution prevention & dewatering guidance Clive Jenkins, Ruth Ward and Lara Settimio

2 Outline 1. Key water quality policy change: Clive Jenkins 2. Stormwater management: Ruth Ward 3. Draft dewatering guideline: Lara Settimio

3 Key WQEPP change Remove clause 13. Requirement to not cause pollutant concentrations to exceed specific criteria - Mandatory with an offence provision but no link to environmental harm (not based on risk) Add clause 9. General environmental duty - Non-mandatory (no offence provision) and an clear links to environmental harm and risk management.

4 The previous WQEPP clause Obligation not to contravene water quality criteria (Schedule 2) (1) A person must not, by discharging or depositing a pollutant into any waters, cause any of the water quality criteria applicable (see Schedule 2) to those waters (a) to be exceeded or, if already exceeded (whether through natural causes, the discharge or deposit of a pollutant or a combination of both), further exceeded; or (b) in the case of a minimum level specified in Schedule 2 in relation to a characteristic of water to be decreased or, if already decreased (whether through natural causes, the discharge or deposit of a pollutant or a combination of both), further decreased. Mandatory provision: Category B offence.

5 Clause 9: General Environmental Duty Requirements that demonstrate application of the GED Apply the Waste Management Hierarchy Follow EPA Guidelines and Codes Protect environmental values by reference to National Water Quality Guidelines Implications if a person fails to comply Failure to comply with the duty indicates that environmental harm may be occurring. Failure to comply with the duty does not constitute an offence however the EPA may apply a regulatory response consistent with the level of environmental risk EPA responsibilities Promote and encourage changes which achieve improved environmental outcomes. Risk-based regulatory decision making to investigate environmental harm and/or seek compliance by issuing Environment Protection Orders or by application of other regulation options and tools.

6 Stormwater - Clause 10 and 11 - replace Clause 17 and 19 Mandatory offence provisions Clause 10 requires Class 1 pollutants (Schedule 2) of the policy are not discharged into waters or onto land where they are likely to enter waters, includes many pollutants relevant to civil construction Clause 11 requires that class 2 pollutants (Schedule 3) of the policy are not discharged to waters, includes soil, clay, gravel or sand The definition of waters includes the stormwater system

7 Still guided by the waste management Hierarchy Stormwater - Clause 10 and 11 Avoid and minimise pollutants entering the stormwater system and other waters Reuse and recycle, can water be collected and used as an alternative water supply e.g. dust suppression Treatment and disposal is the least preferable and may be costly, better to stop the pollutants entering the system

8 Stormwater Pollution Prevention Code of Practice Stormwater pollution prevention code of practice for the building and construction industry prescribed code linked to Clause 9 Mandatory measures must be complied with A Soil Erosion Drainage Management Plan (SEDMP) must be prepared SEDMP a tool to outline how pollutants from the activity will be minimised and managed Follow the waste management hierarchy Avoid and minimise the generation of soil and other pollutants by minimising erosion Capturing and treating to remove the sediment is less effective and more costly

9 Stormwater Pollution Prevention Code of Practice - changes ahead Codes of Practice to be replaced with a Stormwater Standard. This will have MUSTS supported by guideline material If undertaking construction activities there will be a requirement to develop, implement and maintain a soil erosion drainage management plan This a tool to demonstrate how to prevent pollutants discharging to waters and demonstrates how you intend to fulfil your obligations under Clause 9 general environmental duty and Clause 10 & 11 Guideline material will be web based with a tool that will allow you to create your own PDF document and be kept informed of any updates. Construction guidelines International Erosion Control Association (IECA) including the field guides which are free to download

10 Guidelines available on the EPA website, environmental information, stormwater management

11 South Australia s Environment Protection Authority DRAFT Guideline Environmental Management of Dewatering During Construction Activities

12 Purpose To provide guidance for the environmental management of dewatering during and after construction activities in accordance with the Environment Protection Act 1993 (i.e. the Act) For the purpose of this guideline dewatering is defined as the process of removal of any water that accumulates in earthwork excavations or below ground structures at or below the existing watertable as a result of intersecting aquifers, seepage of soil water / groundwater or storm events. Consider guidance provided for Construction Environmental Management Plans (CEMPs) This does not provide guidance to long term/on-going dewatering, acid sulfate soils or mine dewatering

13 What we think is happening. maybe we should have planned for this. I m calling the EPA, I need to turn on the pump to discharge this to stormwater.now!

14 What we want to happen. we need to consider groundwater in the area and either plan to dewater or contact the EPA before we start digging I d like to include a two-storey below ground basement in the design Let s collect some preliminary data

15 Legislative requirements The EP Act (2003) General Environment Duty Environment Protection (Water Quality) Policy (2015) Trigger Values, Environmental Value The Waste Management Hierarchy Earthworks Drainage the Act, declares this to be a prescribed activity of environmental significance if more than 100 kiloliters of waste water containing suspended solids in concentration exceeding 25 milligrams per litre is discharged directly or indirectly to marine waters or inland waters. Where that is the case, an environmental authorization (i.e. license) is required.

16 Waste Management Hierarchy (clause 4) Most preferable AVOID MINIMISE REUSE RECYCLE RECOVER TREAT DISPOSE Least preferable...a person must minimise waste that has been avoided to an extent that is reasonably practicable. then they must reuse the waste that has been minimised to an extent that is reasonably practicable then they must recycle the waste that has been reused to an extent that is reasonably practicable then they must recover energy from the waste that has been recycled to an extent that is reasonably practicable then they must treat waste that has had energy recovered to an extent that is reasonably practicable then they must dispose waste that has been treated to an extent that is reasonably practicable. Disposal must be done in a manner that causes least environmental harm.

17 Planning considerations Development Applications Ideally dewatering concerns should be raised here Site Contamination framework for the SA planning system will be considered CEMPs can be required at this point and can address dewatering management Desktop risk assessment Identify potential risks, potential for contaminated groundwater to be encountered on site e.g. if petrol stations are nearby Geotechnical assessment Depth and quality of groundwater to be discharged Dewatering volumes, rate, duration etc

18 Refer to EPA for consideration Groundwater prohibited areas (GPA) Known or suspected site contamination Potential for disturbance of acid sulfate soils (ASS) Earthworks drainage Activation of trigger values Foreseen long-term and ongoing dewatering

19 Dewatering Management Plan Issues to be addressed: 1. Purpose of dewatering (an explanation of why dewatering is necessary). 2. Description of dewatering technique to be employed. 3. Anticipated dewatering flow rate, duration and total volume. 4. Water collection and storage options (if applicable). 5. Assessment of water quality. 6. Water re-use options. 7. Water treatment options. 8. Proposed discharge disposal options. Other considerations (if applicable) Noise and odor considerations. People, property, water bodies that could be affected by the dewatering activity. Contingency plans. Maintenance Plans for equipment, & mitigation plans if equipment fails.

20 Draft available soon for public comment

21 Questions and further information Call and ask for Clive Jenkins, Ruth Ward or Lara Settimio