New EA Regulatory Position Statement 368 (RPS 368)
The Environment Agency has published Regulatory Position Statement 368 (RPS 368) for small scale construction dewatering abstractions.
This is a practical and welcome step for the construction and infrastructure sector in England, providing a pragmatic route for lower-risk dewatering operations to proceed without a formal Abstraction Licence.
Where a project qualifies, groundwater may be abstracted for construction dewatering without a licence, provided: the Environment Agency is notified in advance, a Hydrogeological Impact Assessment is completed, and all RPS conditions are met throughout.
Key conditions and Limits:
➞ Applies to active groundwater pumping for construction dewatering up to 270 days in duration.
➞ A Hydrogeological Impact Assessment is required before abstraction begins.
➞ 100% of abstracted water must be returned to the same aquifer or nearest watercourse (greater than 50m away), without intervening use.
➞ Return to watercourse is limited to 400m³/day (first 30 days) and 100m³/day (subsequent 240 days); reduced limits apply near sensitive receptors.
➞ The RPS cannot be used within 500m of a European or Ramsar designated site, or within 50m of any watercourse.
➞ EA notification is required before abstraction begins; records must be retained for two years.
➞ The RPS does not apply where abstracted water is used for dust suppression, wheel washing, or any other on-site purpose.
The Hydrogeological Impact Assessment requirement is a key technical element of RPS 368 and will need to be addressed early in project planning.
OGI Groundwater Specialists Limited supports clients throughout the full dewatering lifecycle, from RPS 368 applicability and Environment Agency engagement through to the design and implementation of construction dewatering and temporary works water management systems.
OGI services include:
✔ Hydrogeological Impact Assessment
✔ Groundwater Flow Modelling
✔ Surface Water Management
✔ Environment Agency Permitting and Regulatory Liaison
✔ Groundwater Control System Design
✔ Groundwater Recharge System Design