Water pollution—remediation
Water pollution—remediation

The following Environment practice note provides comprehensive and up to date legal information covering:

  • Water pollution—remediation
  • Brexit impact
  • Environmental Permitting Regulations
  • What is a water discharge activity?
  • What is a groundwater activity?
  • Notices
  • Enforcement Notice
  • Prohibition Notice
  • Suspension Notice
  • Anti-pollution works
  • More...

Water pollution—remediation

Water pollution from contaminated sites, discharges from industrial processes or sewage treatment works or accidental spillages can result in criminal liabilities, civil claims and significant clean up costs. This Practice Note sets out the key regimes for the remediation of water pollution and the different types of notices that can be served.

Brexit impact

11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

Environmental Permitting Regulations

The Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675 repealed the main water pollution offence contained in section 85 of Water Resources Act 1991 (WRA 1991) and revoked the Groundwater (England and Wales) Regulations 2009, SI 2009/2902.

EPR 2010 was repealed and replaced on 1 January 2017 by the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154.

It is an offence under SI 2016/1154, reg 38, to contravene regulation 12(1)—'cause or knowing permit' a water discharge activity or

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