The Scottish Government

Draft General Binding Rules - November 04

Summary of Contents

1. Abstraction and Impoundment page 1

2. Engineering page 3

3. Point Source page 6

1. Abstraction and Impoundment

Activity 1.1

All abstractions < 10m3/day

Rules

a) the water abstracted shall be used efficiently. In particular, the volume of water abstracted shall be no more than that which is required for purpose(s) for which the abstraction is serving;

b) there should be no significant leakage of water from any associated pipe work, storage tanks or other equipment. Any bursts or leaks should be repaired immediately;

c) the rate of abstraction must be capable of being measured.

Activity 1.2

A passive weir or cauld that:-

• is not associated with an abstraction;
• is not capable of being operated to control the water level upstream of the weir;
• does not result in the raising or lowering of the upstream and downstream water levels by more than one metre from its natural or pre-modified level;
• was constructed before 1st April 2006.

Definitions:

• 'fish pass' means any fish pass, ladder, fish way or lift or other device which facilitates the free passage, upstream or downstream, of migratory fish around, over or through any impoundment;
• 'natural reasons' means any reason which is not related to the operation of the passive weir or cauld.

Rules

a) The passive weir or cauld shall provide a fish pass which facilitates the free passage of migratory fish and fauna at all times except during any period within which, for natural reasons, the flow of the river at the point at which the dam is located is at a level at which migratory fish or other fauna would not reasonably be expected to seek passage.

Activity 1.3

Drilling of a borehole:

• which is not intended for abstraction;
• where the abstraction will be less than 10m3 per day;
• where the sole purpose of the abstraction is either to test for borehole/well yield or hydraulic properties of the aquifer, or to sample the water quality; and where the total volume abstracted is less than 150 m3 per annum.

and

small scale abstractions from boreholes where the sole purpose of the abstraction is either (a) to test for borehole/well yield or hydraulic properties of the aquifer or (b) to sample the water quality; and where the total volume abstracted is less than 150 m3 per annum.

Rules

a) The drilling, abstraction or discharge of water resulting from the drilling or testing activity must follow relevant codes of good practice and must not result in an alteration to the groundwater flow direction which has or will result in intrusions of water of a different chemical composition into the body of groundwater

b) Where it is necessary to introduce water to the borehole for drilling or testing purposes, this must be of potable quality

c) The borehole must not result in the long term loss of groundwater resource from an aquifer. Where the creation of a borehole results in such a loss then the borehole must be backfilled or sealed to prevent this loss.

Technical Standards

BS 10175 Investigation of potentially contaminated sites - codes of practice 2001

BS 5930 Code of practice for site investigations. 1999

BS 6316 Code of practice for test pumping of water wells. 1992

2. Engineering

Activities 2.1 - 2.6

2.1 Desilting, dredging or clearing of any watercourse that:

o is less than 1 metre in width, measured at the bottom of the channel;

o has been straightened, canalised or ditched along the length to be worked;

o does not support fish spawning or migration; and

o is represented on the 1:50,000 scale Ordnance Survey Map.

2.2 The construction of a minor bridge.

2.3 The construction of a temporary bridge over a watercourse with an active channel width of less than 5 metres.

2.4 The laying of a pipeline or cable by boring beneath the bed or banks of a watercourse.

2.5 The small-scale reinforcement of a bank or banks of a watercourse:

• using loose rock (which may include boulders and rip-rap but shall not include any gabion basket or placed stone block-work); and
• of a length which is shorter than one active channel width or 10 metres, whichever is the lesser.

2.6 Other engineering or building works for which a licence is not required under the Controlled Activities (Scotland) Regulations but which may have an impact on bank form or stability, the riparian habitat or associated ecosystem.

Definitions

• 'Watercourse' means a river, stream, ditch, drain, cut, culvert, dyke, sluice or passage through which water flows but does not include canals.
• 'Minor bridge' means a bridge lacking in-river supports and constructed for the purpose of supporting a footpath, cycle route or single-track road.
• 'Temporary bridge' means any bridge which will be removed within 12 months of construction.
• 'Active channel width' means the width of the river channel covered by surface water and including exposed riverine deposits, measured at its widest point in the immediate vicinity of the works
• 'Rip-rap' means un-cemented blockstone or boulders compacted into the bank with vegetated soil.
• 'Gabion basket' means stones in a wire basket.
• 'Placed stone block-work' means ???
• 'Oil' means any kind of oil and includes petrol, diesel, waste oil and hydraulic oil.
• 'Suspended solids' means any kind of matter in aqueous suspension.

Rules

(a) Removal or modification of vegetation on the bank(s) of a watercourse shall be restricted to no more than is necessary to carry out the required works. Vegetation may be removed from one side of the watercourse only or from either side alternately, but may not be removed from both sides of the banks which are directly opposite each other.

(b) The works shall not result in narrowing of the active channel width or heightening of the bank(s).

(c) The width of any culvert across the channel shall not be less than the active channel width.

(d) The length of any culvert along the channel shall not exceed 10 metres.

(e) The bed and banks of a watercourse shall be reinstated within 12 months completion of the works to their condition prior to commencement of the works.

(f) No bridge or construction works shall prevent the free passage of migratory fish or other fauna.

(g) No part of a permanent structure shall be constructed within the active channel width.

(h) Bank reinforcement shall not be within 5 active channel widths or 50 metres (whichever is the lesser) of other reinforcement undertaken within the last 5 years.

(i) The works shall not destabilise the bank(s) of a watercourse. Without prejudice to the foregoing, steps shall be taken, as soon as practicable, to remedy any erosion which occurs as a result of the works.

Pollution Prevention

(j) Work must begin at the upstream limit of the river stretch and proceed downstream of that point.

(k) Vehicles, plant and other equipment shall be operated in a watercourse only where operation on dry land is impracticable.

(l) The refuelling of vehicles, plant and other equipment must be undertaken at least 10 metres from any surface waters.

(m) Any static plant or equipment used within 10 metres of surface waters shall be positioned on a suitably sized and maintained impervious drip tray with a capacity equal to 110% of the capacity of the fuel tank supplying the plant or equipment.

(n) Any vehicle, plant and other equipment used in or near surface water shall not leak oil.

(o) The washing of plant, vehicles and other equipment shall be undertaken at least 10 metres from any surface water. Wash waters must not enter any surface water.

(p) The pollution of the watercourse by suspended solids is not permitted.

3. Point Source

Activity 3.1

Surface Water Outfalls

Definitions

• In this context 'surface water' refers to surface water runoff from the built environment
• 'surface water drainage system' includes surface water sewers and associated inlets, gullys, manholes, oil interceptors and silt traps, as well as all types of SUD system including infiltration systems and end of pipe features, such as ponds and wetlands.
• 'SUD system' means a sustainable urban drainage system which facilitates attenuation and treatment of surface water and which may include one or more of the following: permeable surfacing, infiltration / filter trenches, soakaways, swales, detention basins, constructed wetlands, and constructed ponds.
• 'trade effluent' means any liquid, including particles of matter and other substances in suspension of the liquid which is discharged from premises (whether on land or not) used for carrying on any trade or industry (whether for profit or not)(other than surface water and domestic sewage).
• 'built environment' means any man made structure, whether of a permanent or temporary structure.

3.1.1Discharge of surface water from the built environment into the water environment.

Rules

(a) The discharge shall be of surface water run off only;

(b) The discharge shall not cause visible discoloration, iridescence, foaming, or growth of sewage fungus in the water environment;

(c) The discharge shall not contain any trade effluent;

(d) The discharge shall not contain sewage;

(e) The discharge shall not destabilise the bank(s) of a watercourse. Without prejudice to the foregoing, where erosion has occurred as a result of the works, immediate steps shall be taken to remedy the erosion.

(f) Any existing treatment facilities on the surface water drainage system, including oil interceptors, silt traps and all types of SUD system shall be regularly maintained to a standard that meets the requirements of paragraphs (a) to (e).

3.1.2Discharges into a surface water drainage system:

Rules

(a) The commercial washing of vehicles, plant and equipment shall not be undertaken on any area draining to the surface water drainage system;

(b) Oil, paint, paint thinners, pesticides, detergents, disinfectants and any other potentially polluting chemicals shall not be disposed of into the surface water drainage system;

(c) Any matter liable to block, obstruct, or otherwise impair the functioning of the surface water drainage system shall not be allowed to enter that drainage system;

Foul drainage shall not be connected to the surface water drainage system

3.1.3Discharge of surface water into the water environment from premises constructed after1st April 2006

Rules

(a) All rules pertaining to Activity (3.1.1) and Activity (3.1.2) shall also apply to Activity (3.1.3);

(b) Anything other than a single dwelling shall be drained by a SUD system.

(c) Infiltration/filter trenches, soakaways or swales installed as 'end of system' facilities prior to discharge will only be acceptable if their purpose is solely for flow attenuation only. As source control and conveyance systems their value is recognised;

(d) Infiltration systems shall not be used for commercial or industrial estate drainage, unless approved after prior investigation carried out in accordance with the Groundwater Regulations or any other relevant enactment.

(e) The following shall not drain to the surface water drainage system:

• Fuel delivery areas and areas where vehicles, plant and equipment are refuelled;

• Vehicle loading or unloading bays where potentially polluting matter is handled;
• Oil and chemical storage, handling and delivery areas;

(f) Prior to the construction phase a method statement specifying measures for preventing pollution of the water environment shall be produced and adhered to during construction. It shall be kept and made available to SEPA on request;

(g) Where SUD systems are used during the construction phase these must be blocked off after construction and replacements constructed, or they must be re-instated for the finished development;

(h) Inlet and outlet structures shall be adequate to prevent erosion within the surface water drainage system.

(i) In accordance with PAN61 and SPP7, when designing the SUDS proposals, the developer must consult with SEPA, the Planning Authority and where appropriate, Scottish Water.

(j) The developer must check for and rectify any wrong connections of foul drainage to the surface water drainage system.

Activity 3.2

Potable water discharges

• The intermittent discharge of treated potable water arising from outlets serving the public drinking water supply distribution network and storage reservoirs to the water environment

Definitions

• 'Intermittent' means anticipated but infrequent discharges, including necessary system management overflows not due to a failure to manage and maintain the system appropriately*
• 'Distribution network' means any line of pipe associated with the transport and supply of treated potable water.
• 'Storage reservoirs' means treated potable water stores connected to the distribution network, out with Water Treatment Works
• The 'water environment' has the meaning given in 'the Act'.

*Caveat: and not due to discharges allowed by Water Scotland Act 1980

Rules

a) The outlet shall be constructed and maintained so as to maximise the dispersion of effluent.

b) The discharge;

• Shall not cause pollution of the water environment
• Shall not cause significant visible discolouration of the receiving waters by the effluent plume.
• Shall not cause physical damage to the bed and banks of the receiving waters or flooding.