Coal tip contingency plans: site-specific environmental considerations

1. Introduction

NRW is responsible for regulating several environmental regimes. 

This guidance brings together environmental regulatory advice from across these regimes to support landowners and/or tip managers when producing contingency plans for coal tips.

NRW is not required to assess or approve these contingency plans.

This document does not:

  • Provide detailed, complex guidance for all environmental regimes. It directs you to additional guidance for more detail.
  • Set out how to write a contingency plan. It is a checklist of potential regulatory considerations.
  • Cover advice relating to planning considerations. Your local planning authority (LPA) can provide this advice. NRW will be consulted on planning considerations as a statutory consultee to the LPA.

It may be possible to obtain additional advice and guidance on the regulatory requirements through engagement with local NRW operations teams, including discussion around potential regulatory statements. It may also be possible to obtain advice on completed contingency plans through NRW’s discretionary advice service.

2. Waste

During the production of a contingency plan, a waste management strategy should be developed to support compliance with the waste regulatory framework.

It is needed to address the potential waste issues arising at any historical coal tip.

The waste management strategy will help identify: 

  • what may be in the scope of waste regulation
  • where sampling and testing may be necessary
  • what authorisations may be required to undertake works 

The checklist below lists the potential considerations needed when developing a waste management strategy. You may want to speak to your local NRW waste regulatory team for:

  • technical advice on the definition of waste, waste classification, waste management activities and pre-application advice
  • guidance for authorisations which may be required.

Your local team can be contacted via enquiries@naturalresourceswales.gov.uk

NRW carry out functions delegated to us by the Welsh Revenue Authority (WRA) on the collection and administration of Landfill Disposals Tax. Where there is a disposal of waste on or in land in Wales without benefit of a disposal permit, the unauthorised rate of disposals tax may apply. Any decisions on how and when the tax is applied sit with WRA. Read more about Unauthorised disposals and Landfill Disposals Tax on GOV.WALES.

Identification of waste 

Assess the site and identify the volumes/quantities of waste at the site, considerations may include:

  • What stockpiles are on site (a map identifying stockpiles, including those most at risk of failure and requiring intervention, may be useful).
  • The quantities of waste within each stockpile
  • Confirm they are waste
  • Assess and classify the waste in line with waste classification technical guidance
  • Identification of hazardous hotspots/areas of potential legacy hazardous contamination

Hazardous Waste Regulations

Testing and analysis to identify and classify the waste may lead to hazardous waste being identified.

If hazardous waste is identified, specialist recovery/disposal may be required and this will need to be reviewed as part of the waste management strategy within contingency planning.

Compliance with the Hazardous Waste (Wales) Regulations 2005 includes:

Identify priorities and review potential options

Identify the priority and highest risk stockpiles, and any areas of concern. For example, any waste assessed and classified as hazardous during initial assessment.

Consider the waste management requirements for the stockpiles on site, for example:

  • What are the waste recovery or disposal options
  • Will any waste require treatment on site
  • Will waste need to be transported/moved from site
  • Will any temporary or intermediate storage of waste be required, and if so estimate the length of time required

Waste authorisations

Review the priorities and options against requirements under the Environmental Permitting (England and Wales) Regulations 2016 and consider what authorisations may be needed. For example:

  • What authorisations will be needed for recovery/disposal/storage/treatment/movement of waste
  • Will a standard rules or bespoke environmental permit be required, if so what type
  • Are there any exemptions or regulatory statements that could cover activities
  • What are the compliance conditions, application requirements, timescales for determination for any authorisations
  • Will on-site treatment be required. If so then authorisations (i.e. mobile plant deployments) may be needed for the pre-treatment activity
  • Locations of permitted sites and operators potentially able to accept/treat/recover/dispose of the identified wastes, including multiple options.
  • Could the waste be sustainably reused under the CL:AIRE Definition of Waste Code of Practice
  • How will compliance with requirements be met.

Read more about waste permitting and associated controls.

Duty of care

Where waste is identified and the contingency plan shows it will need to be moved, consider

  • how will it be moved
  • where will it be moved

Compliance with duty of care includes:

  • Documentation for waste movements
  • Authorisations for third parties used (including waste carriers licences for anyone transporting waste, relevant permits or exemptions for authorised receiving sites – these can be checked on NRW’s public registers)

Records of these will need to be kept to demonstrate compliance.

Read more about the waste duty of care.

Other considerations 

As part of the waste management strategy, it would be useful to identify:

  • key environmental receptors which may be impacted by any waste management activity
  • how the plan compliments/interacts with other aspects of the response (such as potential movement of waste and the impact that may have on water quality, biodiversity etc)
  • what additional measures or mitigation needs to be considered to ensure that any waste management activities do not lead to an impact on other environmental receptors (for example, dust management)
  • other relevant permissions needed/required, for example, landowner permission, planning permission

3. Water quality and resource

Landslides can lead to water pollution of streams and catchments. They also present a risk to drinking water quality which may mean temporary closure of water treatment works downstream, or the need for increased treatment.

A contingency plan should give early consideration to the implications of diverting or managing surface water flows. How surface water flows are managed can mitigate impacts on the water environment. Impacts can be in the receiving water and further downstream within the catchment. They can affect water quality, ecosystems, and protected sites.

Refer to the land contamination section which links to advice on how to manage risks to the water environment from land contamination.

The contingency plan should reference procedures in the case of an incident occurring, such as:

  • Notifying the water companies downstream - contingency plans should include contact details for the relevant water companies who may abstract water for water supply downstream
  • Notifying NRW if polluting materials have entered or could enter a watercourse or soak into the ground. Remember that any substance that’s not found naturally in an environment could cause pollution. Find out how to report an incident.

Other key priorities to address in a contingency plan are captured below. 

Take steps to minimise pollution of soils, water and groundwater

You must take steps to avoid causing pollution to prevent any substance that harms, or could harm people or the environment getting into the water or ground.

Prepare a pollution incident response plan to which you will adhere through an incident response, recovery and remediation; including, for example

  • plan for water containment measures
  • plan storage of excavated materials (including wastes) in a way which prevents entry into the watercourse
  • plan works to avoid vehicles tracking through watercourses, where possible

Understand the likely contaminants

Given the material which might be mobilised, determine the likely contaminants and risk to downstream water quality or drinking water supply

Understand the sensitivity of the receiving water

Contingency plans should identify the locations of aquatic and other protected site designations, immediately and further, downstream

Find out if you need a permit to discharge to surface water or groundwater

You may need an environmental permit if you discharge liquid effluent or waste water into surface waters (for example, rivers, streams, estuaries, lakes, canals or coastal waters) or into, or on, the ground. Find out if you need a permit for discharges to surface water and groundwater.

Find out if you need an abstraction or impoundment licence

You will need an abstraction licence if you take water from an inland water or from groundwater, unless it is exempt from licensing. You will need an impoundment licence if you construct, alter, repair or remove an impoundment structure, unless it is an exempt activity. Find out if you need a water abstraction or impoundment licence.

4. Protected sites

It is stated within Welsh Government’s Natural Resources Policy 2017 that protected sites form a core component of ecological networks. In order to build resilience, we must reduce and better manage the pressure on ecosystems and natural resources. A nature-based approach is a key component of climate change action.

The inclusion of appropriate environmental information and response strategies in a plan will help to deliver these requirements and ensure that biodiversity and geodiversity interests are adequately addressed.

There are two stages in contingency planning in relation to environmental sensitivity:

1. Identifying sensitive areas and sites

2. Planning of appropriate response strategies.

Stage 1 Spatial planning – identification of protected sites

Identify the locations of all protected sites within the geographical area relevant to the coal tip location, the following datasets can support when scoping for the contingency plan.

Downloadable GIS boundary information is available on DataMapWales - GOV.WALES for Sites of Special Scientific Interest (SSSIs), Special Areas of Conservation (SACs), Special Protection Areas (SPAs), Ramsar Sites and Marine Conservation Zones (MCZs).

Find statutory site designation documentation including SSSI Citations (description of the site and special features), SSSI Explanatory Geological Notes (where applicable), Site Management Statements for SSSIs and Core Management Plans for SACs and SPAs. This also includes an online map to search for protected areas by address, postcode, or name of a village, town or city. Note that activities which take place outside of protected site boundaries may potentially cause damage to the designated site features. Proposals need to take account of the NRW advice to (as far as is reasonably practicable), minimise damage to the site features and restore the site(s) to former condition if any damage does occur. For example, diverting or managing surface water flows may impact a wetland/marshy grassland SSSI near by (could be a positive or negative impact).

Contingency plans should be complementary to other published plans and programmes:

  • Area Statements
  • Nature Recovery Action Plans – national, local and organisational 
  • River Basin Management Plan Opportunity Catchments
  • River Restoration Plans
  • Welsh National Marine Plan
  • Future Wales National Natural Resources Map
  • Local Planning Authority Green Infrastructure Strategies
  • Other S6 authority published biodiversity strategy

Stage 2 Consideration of appropriate response strategies - Legal duties and policy requirements

Sites of Special Scientific Interest (SSSIs) – S.28G of Wildlife and Countryside Act 1981 sets out the duty of a statutory undertaker to take reasonable steps, consistent with the proper exercise of their functions, to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is of special scientific interest’. 

Find further guidance on seeking assent and responsibilities of public bodies and statutory undertakers.

We recommend that contingency plans should make reference to these requirements, alongside recognition that the legislation – the Wildlife and Countryside Act 1981 at section 28P(4)(b) – provides an exemption from seeking SSSI assent if works have been deemed an emergency operation. The legislation does not define the term “emergency” in this context, but NRW consider this to mean situations as defined under the Civil Contingencies Act. Contingency plans should recognise this and make note that if there is a need to carry out emergency works which may affect a SSSI, NRW must be informed as soon as possible after commencement by contacting NRW at the below details. Email SSSI.notices@cyfoethnaturiolcymru.gov.uk or call NRW’s incident hotline on 0300 065 3000 .

It should also be noted that if the SSSI is being damaged as a result of emergency works, NRW should be notified by contacting the incident hotline.

Habitats Regulation Assessment (HRA) is required for any plan or project that might have an impact on a European protected site (SAC, SPA or Ramsar site). The Welsh Government has published Habitats regulations assessments: protecting a European site - GOV.WALES guidance on undertaking HRA If you’re a public body, within the contingency plan you should demonstrate how you have fulfilled your duty under Section 6 of the Environment (Wales) Act, to “seek to maintain and enhance biodiversity in the exercise of functions in relation to Wales, and in doing so, promote the resilience of ecosystems, so far as consistent with the proper exercise of those functions”.

5. Protected species 

Species licensing

Where works will affect a protected species, a protected species licence may be required. As part of contingency planning identify

  • if any protected species are within the area of the coal tip, or within the areas where works may need to be carried out
  • if the identified protected species are likely to be affected by any required works
  • if any licences would be required to undertake the works

A licence is not required if works are organised in a way which will not disturb or harm the species or its habitat. Read more about how to apply for species licences and timescales for determination.

Bird licensing 

All species of wild birds in Wales are protected.

As part of contingency planning, you may want to consider if any urgent works will affect birds, their nests and their eggs, and identify if any birds, in the area requiring urgent works, fall under the rare birds listed in the Wildlife and Countryside Act 1981 (as amended).

NRW can grant licences for specific purposes. There are general licences available for certain situations, which can be downloaded from the NRW website without needing an application. If your situation is not covered by a general licence, consider the purpose of your licensing activities and complete the relevant application form. Read more about bird licensing including how to apply.

Invasive alien species

There are regulations to prevent and minimise the impact of the introduction and spread of non-native animals and plants. During contingency planning consider

  • whether any invasive species are within the coal tip area, or would be affected by any urgent works or tip failures
  • if invasive species are identified during the review, consider including steps to prevent the spread or release of them further into the environment

Read more about invasive alien species.

6. Woodlands and forests 

Many coal tips across Wales are located in areas near or in woodland and forests, which might need careful management in the event of tip failure or during the activities of urgent works.

NRW is responsible for issuing felling licences, approving forest management plans, forest resource plans and overseeing Environmental Impact Assessments for forestry.

Whilst contingency planning:

As per the advice in section 5, you may need to assess potential impacts on wildlife as a result of any tree felling. Check if you need a wildlife licence during forest operations.

Find information on how to apply for a felling licence.

7. Flood risk management 

An assessment will need to be made on any works that may impact on main rivers. This will help us to decide if any authorisations are required under the environmental permitting regulations.

The primary purposes of a flood risk activity permit under these regulations is to control any impact upon flood risk and to prevent environmental harm. Consideration will also be required for any works that may impact ordinary watercourses within an Internal Drainage District (IDD).

During contingency planning, you must consider if:

  • there are any NRW flood risk assets nearby
  • they would be affected by any potential works.

This includes, not only the assets themselves, but also if NRW’s ability to maintain the assets will be affected.

Assets would include defences, structures, gauges and monitoring equipment.

This guidance does not cover advice relating to flood risk assets owned by another Risk Management Authority or permissions for works in an Ordinary Watercourse (unless located within an IDD). Your Lead Local Flood Authority can provide this advice.

Flood risk assets

To identify if there are any flood risk assets nearby use the Flood Risk Assessment Wales map, which has a layer for flood defences.

Remember to consider that access is required to ensure that these assets can be maintained.

Gauges and monitoring equipment aren’t shown on the online maps. This information can be requested from NRW’s Hydrometry and Telemetry team by contacting enquiries@naturalresourceswales.gov.uk

Flood risk activity permit

When contingency planning, assess whether you are likely to require carrying out works in a main river. Works in a main river will require a Flood Risk Activity Permit (FRAP) under the Environmental Permitting (England and Wales) Regulations (2016).

On assessment of potential works required, check whether you will require a flood risk activity permit or if there is an exemption or exclusion that will apply to the identified activity.

We are able to undertake pre-application consultation ahead of a formal application being made. Please contact the relevant area team via the following:

DFR North and Mid - floodpermitting.northmid@naturalresourceswales.gov.uk 

DFR South – DFRSouthPermitting@naturalresoruceswales.gov.uk

Read more about the information needed for a flood risk activity permit application such as:

  • Location / site plans
  • Drawings of proposed works (plan and cross section)
  • Method statement if undertaking in river work
  • Relevant fee
  • Environmental assessments (in some cases)

Land drainage consent 

When contingency planning, assess whether you are likely to require carrying out works in an ordinary watercourse within an Internal Drainage District.

You may need to apply to us for a Land Drainage Consent under Section 23 of the Land Drainage Act (1991).

The Land Drainage Act specifies that only certain activities need a land drainage consent. These activities are:

  • Erecting, raising or altering any mill dam, weir or other obstruction to the flow of an ordinary watercourse
  • Erecting a culvert 
  • Altering a culvert in a manner that would affect the flow

When making your application, include the following elements:

  • plans showing the location of your works
  • detailed drawings showing what you wish to do, along with any calculations
  • a method statement for the works, including details of how the works will be carried out and any environmental protection/mitigation measures that will be put in place

We will grant or refuse applications within two months of receiving your application. If we fail to notify you of the determination of your applications, then it is deemed to have been consented.

8. Land contamination and stability 

Land contamination can have significant impacts on human health, property, ecosystems and water quality (for example, rivers, groundwater and lakes) and needs to be managed appropriately. The Local Authority will need to be consulted on human health risks from historic contamination.

During contingency planning, we will work with developers, their consultants and major landowners to provide generic and site-specific advice, particularly on water issues. We will do this prior to applications for planning permission or when voluntary remediation is being proposed or undertaken. We may need to charge for this pre-application service.

The key priorities to address in a contingency plan from a land contamination and stability perspective are below.

Land contamination

Read more on groundwater protection - GOV.UK.

Land stability

A stability risk assessment should be carried out prior to any proposed engineering works at the tip site and at any other receptor locations where material is moved, or stored temporarily, in line with the Land Stability planning guidance - GOV.UK.

If the transfer of material forms a new tip the landowner should add it to their spoil tip list and assign a hazard category. Where spoil remains at the site and is re-engineered, the hazard category of the spoil tip should be re-assessed.

The relevant central authority should be informed of a new tip or changes to an existing tip.

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