An Introduction to CAR Construction Site Licencing 13 th September 2018

1. An Introduction to CAR Construction Site Licencing 13th September 2018

2. Welcome The 'Controlled Activities Regulations' regulate engineering activities in, near, or over the water environment in Scotland and they were amended on 1st January 2018. As a result, the discharge of water runoff to the water environment from all large construction sites which commenced construction on, or after, 1st September 2018, require a CAR Construction Site Licence (CSL). This webinar aims to inform those performing the ECoW role of how this may impact on them.

3. Welcome The panel members involved in todays presentation are – • Phil Leeks – Senior Water Policy Officer, SEPA • Rebecca Passmore – AEECoW Management Committee • Simon Knott – AEECoW Management Committee

4. The role of the Association • To act as a qualifying body, raising professional standards amongst those who fulfil the ECoW role; • To promote a working partnership between professionals in the construction industry and environmental industries; and • To provide a forum for closer working between developers and those involved in protecting the natural environment.

5. What is an ECoW? AEECoW defines an Environmental Clerk of Works as; “An environmental or construction professional with direct responsibility for monitoring compliance with environmental legislation, policy or mitigation.”

6. Our Vision For the ECoW role to become standard practice on construction and engineering projects where significant risks to the environment exist. Our Mission To develop and promote the role of ECoW through the establishment of good practice and knowledge sharing for the benefit of the environment.

7. SEPA Scottish Environment Protection Agency Phil Leeks

8. Surface water management & construction SUDS: Impacts of silt pollution Poor practice. Release of fine sediments during the construction phase can pollute watercourses leading to loss of, or damage to, protected species and habitats such as fish spawning areas

9. General Binding Rule 10b (CAR) • GBR10(b) - Discharge of water run-off from construction site where the site: • Does not exceed 4 hectares; • Does not exceed 5km; • Does not include any area more than 1 hectare or length more than 500 metres on ground with a slope in excess of 25 degrees • Construction SUDS Licence • Site exceeds the threshold of GBR10(b) • Application to SEPA • Write a Pollution Prevention Plan (WAT-SG-75) • Keep the Pollution Prevention Plan up-to-date • Work on site as described in the Pollution Prevention Plan

10. Single site – separate authorisations Developments constructed on area-based phases, the GBR threshold may apply to each separate area provided that: • construction work in the phased area is complete before any construction work commences on any other areas of the site, including any land preparation on those other areas; and • once work starts on other areas of the site, no water run-off from those other areas drains to, or via, an area in which construction is complete.

11. Construction SUDS Licence • The discharge must not result; in pollution of the water environment, discolouration, iridescence or foaming, growth of sewage fungus or contain X mg/l of suspended solids. • Run-off from re-fuelling areas must be kept separate, from water run-off from other parts of the site, and treated before discharge to the water environment. • The discharge must be made via a SUDS, or equivalent, equipped to avoid pollution of the water environment. • Construction work can only start work once the Pollution Prevention Plan has been agreed. A separate PPP is needed for each phase. Revisions must be agreed by SEPA. • All work must be carried out in accordance with the PPP. • The discharge must be at the locations specified in the PPP. • Notify SEPA of incidents. • Report submission detailing reasons and action of the incident. • Licence & PPP must be kept on site. All who work or visit the site must be made aware of what is expected of them. • The RP must secure compliance with the authorisation.

12. Pollution Prevention Plan (PPP) • Aim – Protection of the water environment. • Evidence and assessment of: operation length, rainfall; and SUDS sized accordingly • Operator determine how they wish to operate their site considering all factors in WAT-SG-75 (receptors/ appropriate SUDS design/ maintenance/ monitoring etc.) • PPP does not have to be submitted at time of licence application • PPP agreed prior to starting work on site • PPP submitted to SEPA if substantial changes • PPP should be a bespoke document, that is version and date controlled. Any updated drawing or maps should be controlled via version or date • PPP can include alternative measures/options, allowing operator flexibility (i.e. for wet weather) • An agreed PPP does not negate SEPA from taking action against the site operator if the plan does not work

13. Pollution Prevention Plan (PPP) • What land? • What construction activity? • Point of Contact • Identify pollution risks • How are you preventing pollution? • Managing the water run-off • What if something goes wrong? • How do you know your Pollution Prevention Plan is effective and being adhered to? • Who is in charge of making the plan work?

14. Surface water management & construction SUDS • Different elements in combination: • silt fences (terram) • V ditches • check dams • straw bales • Siltbusters • catch pits • lagoons • Good practice: • Separate clean water from dirty water (e.g. cut off ditches) to minimise dirty water volumes • Keep soil on land! • Don’t use permanent SUDs during construction phase • Avoid using flocculants (if possible)

15. In the event of an incident call -

16. Liability • AEECoW have been working hard behind the scenes to reduce the amount of times “ensure” is stated in either contracts or planning conditions. It is very difficult for an ECoW to ensure anything on a construction site given their contractual status. • The new CSL’s require a named individual or company that has responsibility for overseeing compliance to the CSL. • It is therefore the named individual/company that is liable should anything go wrong.

17. What is the water environment? • The CSL requires that all water environment receptors are identified as part of the PPP. It is therefore important to know what constitutes the water environment in relation to diffuse pollution.

18. Treatment Systems and Drainage Plans • As discussed the PPP’s should contain detailed drainage designs and associated treatment systems. • As the ECoW on the ground, it is likely that you will be responsible for auditing/advising on correct installation/minor amendments and micrositing. • It is important to understand the designs and what they have been designed to deal with.

19. Pollution Thresholds • The PPP’s will have agreed pollution thresholds with SEPA. It is likely that the ECoW will be involved in the sampling for and advising on threshold breaches. • The named individual/company and ECoW will have to understand how to measure the parameters, however it is understood that for suspended solids visible discolouration is still the key parameter. • Some parameters will require specific equipment, make sure your contracts reflect this.

20. Reporting Procedures • The CSL’s and PPP’s will have agreed reporting procedures so it is important that the ECoW recognise what is required to be reported, the time frames and to whom. • It may be worth checking that any contracts you have reflect the reporting requirements in the CSL.

21. Questions