South Australia’s Environment Protection Authority

Environment Protection (Water

Quality) Policy 2015, stormwater

pollution prevention & dewatering

guidance

Clive Jenkins, Ruth Ward and Lara Settimio

Outline

1. Key water quality policy change: Clive Jenkins

2. Stormwater management: Ruth Ward

3. Draft dewatering guideline: Lara Settimio

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.

The previous WQEPP clause 13…

13—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.

• Apply the Waste Management Hierarchy

• Follow EPA Guidelines and Codes

• Protect “environmental values” by reference to National Water Quality Guidelines

• 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.

• 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

Requirements that demonstrate application of the GED

EPA responsibilities

Implications if a person fails to comply

Clause 9: General Environmental Duty

Stormwater - Clause 10 and 11

- replace Clause 17 and 19

• 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

• 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

Stormwater - Clause 10 and 11

• Still guided by the waste

management Hierarchy

• 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

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

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

Guidelines available on the EPA

website, environmental information,

stormwater management

South Australia’s Environment Protection Authority

DRAFT Guideline Environmental Management of

Dewatering During Construction Activities

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

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!

What we want to happen….

I’d like to include

a two-storey

below ground

basement in the

design…

…we need to

consider

groundwater in the

area and either plan

to dewater or

contact the EPA

before we start

digging…

Let’s

collect some

preliminary

data…

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.

Waste Management Hierarchy (clause 4)

AVOID

MINIMISE

REUSE

RECYCLE

RECOVER

TREAT

DISPOSE

Most preferable

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.

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

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

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.

Draft available soon for public comment…

Questions and further information

• Call 8204 2004 and ask

for Clive Jenkins, Ruth

Ward or Lara Settimio

• Email epainfo@sa.gov.au