9 Protection of the Water Environment

9.1 Objective

9.1.1 To comply with relevant statutory provisions, including any consents required, in respect of the water environment, to protect both physical habitat and morphology and to avoid unacceptable adverse impacts including changes to flow volume, water levels and water quality due to construction

9.2 Surface Water and Groundwater Management Plan

9.2.1 As explained in Section 1.7 of this CoCP, the contractor’s EMP will include a Surface Water and Groundwater Management Plan which will include details of controls to prevent contamination of surface water and groundwater resources, together with monitoring systems to be employed during the construction works and emergency procedures to be implemented in the case of any pollution incidents.

9.2.2 The Surface Water and Groundwater Management Plan will include the following, as appropriate:

A description of watercourses, waterbodies and aquifers which could be affected during construction (including maps and schedules).
Maps showing all watercourses, waterbodies, groundwater, licensed abstractions and unlicensed abstractions within 1 km of the Project.
Maps identifying sources of potential pollution.
A description of the measures to be used to protect surface water and groundwater from pollution.
The precautions to be taken when working in the channels of or adjacent to existing watercourses; within, over or adjacent to the Firth of Forth; realigning watercourses; providing new culverts and extending culverts; and timing constraints with regard to in-channel works.
Procedures for monitoring groundwater levels and quality at abstraction boreholes and wells to enable adverse effects on quality or levels to be identified.
A description of the response procedures to be implemented in the event of works affecting groundwater levels or quality with subsequent adverse effects on abstractions, watercourses, waterbodies or springs.
Details, or reference to the Geology, Land Contamination and Waste Management Plan, for methods of dealing with works in areas of potentially contaminated land.
A method for dealing with intercepted groundwater containing elevated concentrations of contaminants.
Precautions to be taken to prevent damage to services and to avoid pollution during service diversions, excavation and ground penetration.
Measures to reduce flood risk due to construction works.
Water quality monitoring requirements.
Reference to the Pollution Incident Response Plan (refer to Section 14 of this CoCP) for emergency procedures to be implemented in the event of a pollution incident.

9.2.3 The Surface Water and Groundwater Management Plan will also set out the measures to be implemented in relation to construction associated with outfalls, including the following, as appropriate:

Programme restrictions on the construction of outfalls to reduce the risk of scour and erosion around the outfall structures or to the disturbed river bank.
Programme restrictions on the construction of outfalls in tidal areas and appropriate erosion protection measures to be provided to reduce the risk of scour and erosion during high tides.
Measures to be provided to prevent sediment being washed into the watercourses.
Restrictions or controls with regards to excavating within watercourses to limit distrubance to watercourse.

9.2.4 The contractor will appoint an Environmental Clerk of Works to be present on site during construction to supervise the implementation of appropriate environmental safeguards.

9.3 Waste Water and Groundwater

9.3.1 The contractor will consult with SEPA regarding the measures to be implemented to contain and manage surface water run-off from the construction site to prevent deterioration of the water environment and other adverse impacts including changes to flow volume, water levels and water quality. Measures to be implemented will include the following, as appropriate:

Provision of a suitable construction site drainage system including cut-off ditches or drains and sustainable drainage systems (SUDS), or equivalent, with suitably sized treatment facilities such as settlement or detention basins.
Use of oil interceptors, if required by SEPA, at site offices and works compounds.
Obtaining the necessary consents for any soakaway or filtration systems or to enable discharge of surface water run-off from the construction site to watercourses or foul sewers or disposal off-site.
Appropriate measures such as use of bunds of non-erodable material or silt or sediment fences adjacent to watercourses.
Implementing a surface water or groundwater monitoring plan, particularly in relation to works which may affect aquifers or drilling works.
Measures to comply with relevant Pollution Prevention Guidelines (PPG), SEPA’s Engineering in the Water Environment Good Practice Guide: Temporary Construction Methods and CIRIA publications (including C532, C648 and C649).

9.3.2 The measures set out in Section 6 of this CoCP to limit adverse dust and air pollution effects associated with construction works will apply equally in relation to limiting the likelihood of polluted surface water run-off being generated.

9.3.3 The contractor will comply with BS 6031 Code of Practice for Earthworks regarding the general control of site drainage including, for example, all washings, dewatering, abstractions and surface water run-off, unless otherwise agreed by the Employer’s Representative.

9.4 Storage and Control of Oils and Chemicals

9.4.1 The contractor will comply with the Water Environment (Oil Storage) (Scotland) Regulations 2006 which apply in relation to storage of any oil-based materials including petrol, diesel, waste and vegetable and plant oil, but excludes uncut bitumen. Above ground fuel and oil storage tanks will also comply with PPG 2: Above Ground Oil Storage Tanks which set out requirements including those relating to positioning, specification, capacity, secondary containment and ancillary equipment for storage tanks. Where below ground oil storage is proposed, this must comply with SEPA’s Code of Practice for Installers, Owners and Operators of Underground Storage Tanks (& Pipelines).

9.4.2 Stationary plant used by the contractor will be fitted with measures such as drip trays to retain any leakage of oil or fuel. The contractor will empty trays at regular intervals to prevent overflow.

9.4.3 Spillage kits will be stored at key locations on site as set out in the Pollution Incident Response Plan and in particular at refuelling areas. Where possible, spillage kits will also be kept with mobile bowsers.

9.4.4 The contractor will comply with PPG 26 Storage and handling of drums and intermediate bulk containers (IBCs) in relation to chemical storage, handling and use.

9.4.5 The contractor will consult with the relevant local authorities and SEPA regarding specific requirements in relation to establishing and operating concrete and road surfacing material batching plants on site. Wash water from any batching plants will not be discharged to the water environment without the approval of the relevant authority.

9.5 Control and Management of Foul Drainage

9.5.1 The contractor will manage and dispose of foul water and sewage effluents from site facilities complying with PPG 4 Treatment and disposal of sewage and the following measures, as appropriate:

Containment by temporary foul drainage facilities and disposed off-site by a licensed contractor.
Connection to the local foul water and sewage system as agreed with the relevant authorities.
Where a foul sewer is not present, appropriate treatment and discharge to a watercourse or soakaway with prior authorisation from SEPA. Any foul drainage discharge outwith the public sewer will require authorisation from SEPA.

9.6 Water Environment (Controlled Activities) (Scotland) Regulations 2005

9.6.1 The contractor will comply with the Water Environment (Controlled Activities) (Scotland) Regulations 2005. The regulations apply to:

activities liable to cause pollution of the water environment;
abstraction of water from bodies of surface water or groundwater;
the construction, alteration or operation of impounding works in bodies of surface water;
building, engineering or other works in, or in the vicinity of, any body of inland surface water;
activities connected with any of the activities specified above;
the direct or indirect discharge, and any activity likely to cause a direct or indirect discharge, into groundwater of the substances listed in Schedule 2 to the regulations; and
any other activity which directly or indirectly has or is likely to have a significant adverse impact on the water environment.

9.6.2 The regulations do not apply to any activity for which a licence is needed under Part II of the Food and Environment Protection Act 1985 (FEPA). FEPA licences are covered in Section 9.7 and paragraph 8.3.5 of this CoCP.

9.6.3 Applications made by the contractor in accordance with the regulations will require information to be provided regarding construction methods and mitigation measures to be implemented. Where works are required in or adjacent to watercourses, the contractor will provide information regarding the following, as appropriate and as agreed with SEPA:

Measures to protect fish.
Measures to deal with flowing water appropriately e.g. temporary diversions, over-pumping.
Measures to reduce the risk of mobilisation of sediments to an acceptable level.
Measures to protect banks where they are particularly vulnerable to erosion.
Measures to undertake diversion of flow back into a channel in a manner that reduces the risk of erosion, with temporary bank stabilisation incorporated if necessary.
Measures to avoid unnecessary in-stream working.
measures to comply with SEPA’s Good Practice Guide: Temporary Construction Methods.

9.7 Food and Environment Protection Act 1985

9.7.1 The contractor will comply with Part II of the Food and Environment Protection Act 1985. The Act applies in relation to:

the deposit of substances or articles either in the sea or under the sea-bed; and
the loading of a vessel, hovercraft, marine structure or floating container with substances or articles for deposit anywhere in the sea or under the sea-bed.

9.7.2 Applications made by the contractor in accordance with the Act will include appropriate information regarding construction methods and mitigation measures to be implemented. Where works are required in or adjacent to the Firth of Forth the contractor will provide appropriate information as agreed with Marine Scotland, such as:

measures to be implemented to reduce the risk of pollution to the marine environment including compliance with PPG 14 Marinas and Craft;
procedures and plant to be used for the excavation or dredging of sediment within the Firth of Forth;
information regarding proposed disposal or deposition of sediment within the Firth of Forth;
procedures plant and materials to be used for the construction of the foundations of the main crossing and approach viaducts within the Firth of Forth;
information as may be necessary to demonstrate compliance with the Environmental Statement, the RIAAs referred to in Sections 10.3 and 1.4 and the other provisions of this CoCP; and
any other information necessary for Marine Scotland to give consideration to the consent in relation to the protection of the marine environment and the prevention of interference with legitimate uses of the sea.

9.7.3 In relation to any dredging works, the contractor will comply with the Environmental Statement, RIAAs and the following provisions:

The contractor will consult with relevant authorities such as the Crown Estates, Forth Ports plc, SNH, SEPA and Marine Scotland, as appropriate, regarding dredging works and disposal of any arisings.
Disposal of dredgings will be undertaken in a an appropriate manner and at an appropriate location having regard to factors including the suitability of the disposal site, the volume and nature of the material to be disposed of.

9.8 Flood Risk

9.8.1 Construction activities will be undertaken having regard to the requirements to avoid increasing flood risk. Appropriate measures to prevent, so far as is reasonably practicable, the movement or damage of the works during potential flooding events will be implemented by the contractor.

9.8.2 The contractor will consult with SEPA and make appropriate use of SEPA’s Floodline Flood Watch service for works within river and tidal areas.

9.9 Monitoring

9.9.1 The contractor will consult with SEPA regarding water quality monitoring to be undertaken for watercourses that will be affected by construction works or discharge of surface water run-off, which will include the following, as appropriate:

Pre-construction monitoring to establish baseline water quality conditions for watercourses.
Monitoring during construction works to enable the effectiveness of mitigation measures to limit pollution risk to be monitored and any pollution incidents to be identified.
Monitoring of watercourses receiving surface water run during construction to enable the effectiveness of treatment and other SUDS measures to be determined.

9.9.2 The contractor will carry out appropriate monitoring to identify:

pollution risks that are unacceptably high;
spillages and leakages;
non-compliance with the CoCP; and
suspected pollution incidences.

9.9.3 The contractor will take appropriate actions where risks are unacceptably high, where there is noncompliance with the CoCP, where spillages and leakages are unacceptable or where there are any suspected pollution incidences. Please also refer to Section 14 of this CoCP regarding Pollution Incident Response Planning.

9.9.4 The contractor will undertake ground water monitoring at St Margaret’s Marsh, and any other ground water sensitive areas, as required, to inform the design of the Project and development of construction methods to mitigate potential impacts on the ground water regime at the marsh.

9.9.5 The contractor will describe the monitoring procedures in the Surface Water and Groundwater Management Plan. The contractor will also consult with SEPA regarding the Pollution Incident Response Plan which will set out the measures to be implemented to address any adverse findings from the monitoring procedures during and following completion of construction works set out above.

9.10 References

BS 6031:1981 Code of Practice for Earthworks, British Standards Institution
CIRIA C648 Control of water pollution from linear construction projects, 2006
CIRIA C532 Control of water pollution from construction sites. Guidance for consultants and contractors, 2001
CIRIA C697 The SUDS Manual, 2007
CIRIA C698 Site Handbook for the Construction of SUDS, 2007
Code of Practice for Installers, Owners and Operators of Underground Storage Tanks (& Pipelines), Scottish Environment Protection Agency, 2006
Engineering in the Water Environment Good Practice Guide: Temporary Construction Methods, Scottish Environment Protection Agency, 2009
Food and Environment Protection Act 1985
PPG 1: General Guide to prevention of pollution, Scottish Environment Protection Agency
PPG 2: Above ground oil storage tanks, Scottish Environment Protection Agency
PPG 3: Use and design of oil separators in surface water drainage systems, Scottish Environment Protection Agency
PPG 4: Treatment and disposal of sewage where no foul sewer is available, Scottish Environment Protection Agency
PPG 5: Works and maintenance in or near water, Scottish Environment Protection Agency
PPG 6: Working at construction and demolition sites, Scottish Environment Protection Agency
PPG 7: Refuelling facilities, Scottish Environment Protection Agency
PPG 8: Safe storage and disposal of used oils, Scottish Environment Protection Agency
PPG 13: Vehicle washing and cleaning, Scottish Environment Protection Agency
PPG 14: Marinas and craft, Scottish Environment Protection Agency
PPG 18: Managing fire water and major spillages, Scottish Environment Protection Agency
PPG 20: Dewatering underground ducts and chambers, Scottish Environment Protection Agency
PPG 21: Pollution Incident Response Planning, Scottish Environment Protection Agency
PPG 22: Dealing with spillages on highways, Scottish Environment Protection Agency
PPG 26: Storage and handling of drums and intermediate bulk containers, Scottish Environment Protection Agency
The Water Environment (Controlled Activities) (Scotland) Regulations 2005, as amended
The Water Environment (Controlled Activities) (Scotland) Regulations 2005: A Practical Guide, Scottish Environment Protection Agency
The Water Environment (Oil Storage) (Scotland) Regulations 2006
Water Environment and Water Services (Scotland) Act 2003