Groundwater
Groundwater resources are essential to many individuals, companies and communities to supply water for drinking, agriculture and industry. Groundwater also maintains wetlands and river flow during dry spells and is vital to the maintenance of their rich ecology and biodiversity.
We aim to provide a sustainable future for Scotland's groundwater resources by protecting the water environment and other legitimate uses of groundwater.
Groundwater can be adversely affected by a range of activities and there is specific legislation and guidance covering each activity.
Find out more about how your proposed activity may have an effect on groundwater and how to comply with regulations aimed at managing and protecting it:
Cemeteries
The burial of corpses and their subsequent degradation may pose a risk of pollution of groundwater.
While we recognise the sensitivity associated with burial sites, we also have a duty to ensure the protection of groundwater.
If you need further information in relation to cemeteries and groundwater please read the main legislation and policy guidance relating to groundwater and cemeteries:
- Water Framework Directive
- Town and Country Planning (Scotland) Act 1997
- Groundwater protection policy for Scotland V3, November 2009
- Guidance on Assessing the Impacts of Cemeteries on Groundwater
Chemical storage
The storage and transfer of chemicals carries a risk of spillages and leaks and groundwater is at risk of pollution if the chemical is mobile and if there is a route of entry.
The best way to protect groundwater is to prevent leaks and spills – however, should an incident take place, appropriate containment and collection can still prevent groundwater contamination.
If you need further information in relation to chemical storage and groundwater please read the main legislation and policy guidance relating to groundwater and chemical storage:
Legislation
- Town and Country Planning (Scotland) Act 1997
- Environmental Impact Assessment (Scotland) Regulations 1999
- Pollution Prevention and Control (Scotland) Regulations 2012
- Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993
- Control of Major Accident Hazard Regulations 1999
- Control of Pollution (silage, slurry and agricultural fuel oil) (Scotland) Regulations 2003 (as amended)
- Water Environment and Water Services (Scotland) Act 2003
- The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended)
Guidance
- Groundwater protection policy for Scotland V3, November 2009
- Guidance on groundwater and chemical storage can be found in Pollution Prevention Guidelines (PPG) notes 2, 8, 18, 22, 26, 27
- Netregs also contains practical guidance and information about oil storage specifically aimed at small businesses.
Discharges
Examples of discharges to groundwater include disposal of sewage, trade effluent and surface water (run-off from urban areas).
If you need further information in relation to discharges and groundwater please read the main legislation and policy guidance relating to discharges:
Legislation
- Water Framework Directive
- Water Environment and Water Services (Scotland) Act 2003
- The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended)
- Building (Scotland) Regulations 2004
Guidance
List of Hazardous Substances as determined in accordance with Schedule 2 of CAR
SEPA have updated the list of groundwater hazardous substances following a consultation by the Scottish Government in 2021. The revised list is based on recommendations from Joint Agencies Groundwater Directive Advisory Group (JAGDAG) in 2018 JAGDAG Hazardous Substances / Non-Hazardous Pollutants Consultation June 2018.
The list now includes arsenic, lead and chromium VI, which were not previously determined as “hazardous” to groundwater. It no longer includes a number of substances, including cadmium, 1,2-dichloroethene and naphthalene, which are now determined as non-hazardous. This list will be updated over time to take account of the scientific evidence.
Details of how to assess the risks to groundwater quality from both hazardous and non-hazardous substances are set out in SEPA’s existing guidance WAT-PS-10-01: Assigning Groundwater Assessment Criteria for Pollutant Inputs.
We have produced guidance on the application of the new list of groundwater standards to help with sites that are currently being assessed or are about to be assessed and sites that have previously been assessed using the previous list.
Guidance on the application of the new list of Groundwater Hazardous Substances
From 1 February 2025 the groundwater standards contained within the following directions come into force:
- The Scotland River Basin District (Standards) Directions 2024
- The Solway-Tweed River Basin District (Standards) Directions 2024
- The Scotland River Basin District (Status) Directions 2024
- The Solway-Tweed River Basin District (Standards) Directions 2024
Following a consultation in 2020 we have produced revised guidance to accompany these directions which will apply from 1 February 2025.
- WAT-PS-10-02: Assigning Groundwater Assessment Criteria for Pollutant Inputs
- List of Groundwater Standards
- Land Contamination and Impacts on the Water Environment
- Guidance on the Use of Groundwater Standards
Other relevant guidance
- Groundwater protection policy for Scotland V3, November 2009
- Scottish Building Standards technical handbooks
- WAT-PS-10-01: Assigning Groundwater Assessment Criteria for Pollutant Inputs
- WAT-RM-06: Regulation of Trade Effluent Discharges to Groundwater
- Sewage Guidance - Pollution control
Ground engineering works
If inappropriately located or inadequately controlled, engineering activities which take place on or below the ground, such as mining, quarrying, building activities and road construction can have an adverse impact on both the quality and quantity of groundwater and dependent wetlands and surface water features.
If you need further information in relation to ground engineering works and groundwater please read the main legislation and policy guidance relating to ground engineering works.
Legislation
- Water Framework Directive
- Town and Country Planning (Scotland) Act 1997
- Water Environment and Water Services (Scotland) Act 2003
- Environmental Impact Assessment (Scotland) Regulations 1999
- The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended)
Guidance
- Groundwater protection policy for Scotland V3, November 2009
- Planning Advice Note 50: Controlling the environmental effects of surface mineral workings
- Code of Practice for the Owners and Operators of Quarries and other Mineral Extraction Sites
Other information
A research and development project to assess the impact of opencast coal mining on water quality was undertaken on our direction in 2004: Evaluating the Potential Impact of Opencast Coal Mining on Water Quality (Groundwater Regulations 1998): An Assessment Framework for Scotland
Contact us
If you require any further help or advice on any aspect of how groundwater regulation may affect your activity, please contact us.