Common use of Surface Waters Clause in Contracts

Surface Waters. Highway surface run-off discharges may contain soluble and insoluble pollutants that have accumulated on the carriageway following periods of dry weather. In storm events, these pollutants may be transported via the highway surface water drainage system and discharged to a receiving watercourse. In some circumstances, the pollutants in highway run-off may exert an acute and/or chronic impact on the chemical quality and ecological status of the receiving water. Although the Highways Agency has a right to discharge highway run-off, it has no right to pollute. The Environment Agency has a duty under the Water Resources Act 1991 to achieve water quality objectives in waters. There are powers to serve anti-pollution works notices to prevent or remedy pollution of controlled waters. To prevent pollution, the potential impact of discharges of run-off from the highways network must be properly assessed and appropriate pollution prevention measures put in place where unacceptable risk of pollution is identified. For existing trunk roads and motorways the Highways Agency has implemented a priority outfalls programme to consider existing discharges where a risk of pollution has been identified and will work with the Environment Agency to agree appropriate pollution prevention measures. For proposed new highway schemes, the Parties will work together to identify and gain an appreciation of the key constraints and potential consequences on the quality of surface waters and, where a risk of pollution is identified, agree reasonable mitigation measures which, on major highway schemes, will form part of the Environmental Impact Assessment. Key Commitments 1, 2, 3 and 14 Key Reference: