This regulatory position statement (RPS) does not change your legal requirement to get a water discharge activity permit when you discharge uncontaminated water (wholly or mainly rainwater) from site excavations to surface water. It does not apply to discharges to ground or groundwater. You usually need an environmental permit if you discharge liquid wastewater into surface water.
However, the Environment Agency will not normally take enforcement action when you do this without a water discharge activity permit if you comply with all the requirements in this RPS.
This enforcement position does not apply to any other legal requirements.
Published 7 February 2018 Last updated 6 January 2023 +show all updates
Updated this regulatory position statement (RPS) to clarify when it applies and how to comply with it. Updated the next review date for this RPS to 30 April 2024.
We have extended the review date of this RPS to 30 April 2022.
We have extended the review date of this RPS to April 2021. We have also added the text: 'This RPS does not apply to any other activity, even if it is under the same legislation. You may still need other permits or licences for other activities you carry out.' And 'You must keep records for 2 years that show you have complied with this RPS. You must make these records available to the Environment Agency on request.'
New information on abstracting water from excavations following the the Water Abstraction and Impounding (Exemptions) Regulations 2017. We have also asked you to consider the available dilution when receiving water flows are low.
Clarified that you need to apply for a bespoke permit if your water discharge is from pump and treat (pumping out contaminated groundwater or water from contaminated land so it can be treated).
