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You need to follow this guidance if you are examining the potential or current effect of burials in a cemetery, or individually, as part of a risk assessment.

You may need to do a risk assessment, for example:

• as part of a planning application or condition
• as part of an environmental permit application
• when altering existing facilities
• following a pollution incident
• when ongoing environmental management of the site is needed, for example disposal of grey water

These principles also apply to pet cemeteries and the emergency burial of animal carcasses.

The Environment Agency has a tiered approach to risk assessment. Sites with the highest risk need a more detailed risk assessment than those with the lowest risk.

You need to send your risk assessment to the Environment Agency or your local council, depending on who has requested it. Your assessment will need to be approved before you begin or continue your activity.

On 2 October 2023, the Environment Agency introduced a revised approach to the regulation of new cemetery developments under the Environmental Permitting (England and Wales) Regulations 2016. This approach is set out in Protecting groundwater from human burials.

You should use the principles for a groundwater risk assessment to make sure you do not cause pollution. You may need a permit if you dispose of any potentially contaminated waters from the site. Check the guidance Discharges to surface water and groundwater: environmental permits.

You need to check if you are in a sensitive location for groundwater and what restrictions apply. Use the interactive groundwater maps to find out if you are in a sensitive location. You must also find out about private water supplies by contacting your local council.

Read the restrictions in the Environment Agencys groundwater position statements for more information:

• section L on the development of new cemeteries or the extension or redevelopment of existing cemeteries
• section M for emergency disposal either on-farm or in similar locations and circumstances

These position statements are being reviewed and updated due to changes to 2016 regulations which come into effect in October 2023.

In your risk assessment you will need to make different calculations for green burial sites. You must give green burials additional environmental and sustainability considerations over more traditional burials. Examples include:

• using a shroud or coffin made from materials that are locally or sustainably sourced and degrade more easily than a wooden coffin
• using a natural burial ground that is managed in an environmentally or ecologically responsible way, for example meadow or woodland sites
• not using preservatives in body embalming or coffin construction

Source, pathway and receptor

You should use a source-pathway-receptor approach to follow this guides principles.

For groundwater risk assessments relating to burials, the:

• source is the buried human or animal remains
• pathway is the subsoil or other medium through which substances from the source permeate and travel
• receptor is the groundwater

Groundwater receptors can include:

• the groundwater itself
• any boreholes, wells and springs used for drinking water supplies
• groundwater-dependent ecosystems (such as wetland habitats) or other identified conservation sites that may be at risk (such as Sites of Special Scientific Interest)

To assess the risk at a site you will need a realistic estimate of the yearly maximum number of burials that take place or will take place, and whether these involve human or animal remains.

You must make sure any subsurface investigation of the soil and rock is at least 1 metre below the deepest grave.

You should use site specific hydrogeological data and, if necessary, seek specialist hydrogeological help to use this data in your risk assessment.

Tiered approach to risk assessment

You must not pollute groundwater. You need to carry out a risk assessment to show that:

• hazardous substances have been, or will be, prevented from entering groundwater
• any non-hazardous pollutants entering groundwater will be limited so you do not cause pollution
• microbiological contaminants will not endanger water resources or drinking water supplies

You should use a tiered approach for risk assessments. The cost, time and effort of doing an assessment is proportional to the effort or measures required to make the risks from the activity acceptable.

For all tiers you need to develop a conceptual model.

Tier 1 assessment: risk screening

For a tier 1 assessment, you need to do a desk study and a qualitative risk assessment. You can then assess the overall risk of the proposal as low, medium or high. For high and medium risks you need to do a more detailed tier 2 or 3 risk assessment. You will need to do a tier 3 risk assessment for the highest risk cemeteries.

Tier 2 and 3 assessments: detailed risk assessments

For tier 2 and 3 assessments you need to build on the information you gathered in your tier 1 assessment and refine your conceptual model.

If your risk assessment shows there will be pollution or even a risk of pollution, you need to work with your local council and the Environment Agency on how to address this. You may need to apply for an environmental permit for your site.

Tier 2 and 3 minimum risk assessment requirements

For tier 2 and 3 assessments you need to supply the following minimum information.

Site description

Your risk assessment must show for:

• tier 2, a local survey to supplement Ordnance Survey maps
• tier 3, an accurate site survey based on location, area and topography mark any landscaping included in the proposal

Number, type and sequence of burials

Your risk assessment must show for:

• tier 2, projections on which annual numbers are based provide supporting data and explanations
• tier 3, the tier 2 projections and a plan of the proposed sequence of burial area use indicate the expected progression over time

Meteorological factors

For tier 2, your risk assessment must show both the:

• long-term average data on local rainfall
• Met Office Rainfall and Evaporation Calculation System soil moisture data

For tier 3, your risk assessment must show an analysis of available data to find out all of the following:

• monthly mean, maximum and minimum effective rainfall
• soil moisture data for bare soil, short-rooted vegetation and deep-rooted vegetation

Soil and subsoil characteristics

Your risk assessment must show for:

• tier 2, soil survey maps and possible site investigation and percolation tests
• tier 3, site survey with augering and trial pits

Geology (including superficial) and hydrogeology

For tier 2, you must show geological and hydrogeological maps and histories. You may also need to include:

• limited site investigation (like trial pits and drilling)
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