"1.0 Introduction 1.1 The Environment Agency is an executive non-departmental public body established under the Environment Act 1995. It is an adviser to Government with principal aims to protect and improve the environment, and to promote sustainable development. It plays a central role in delivering the environmental priorities of central government through its functions and roles. It is also an adviser to local decision makers in its role as a statutory consultee in respect of particular types of development, as listed in Schedule 4 of the Development Management Procedure Order 2015. For the purposes of this Development Consent Order (DCO) application, we are a statutory interested party. 1.2 The Environment Agency takes action to conserve and secure proper use of water resources, preserve and improve the quality of rivers, estuaries and coastal waters and groundwaters through pollution control powers and regulating discharge consents. We have a duty to implement the Water Framework Directive. 1.3 We have regulatory powers in respect of waste management and remediation of contaminated land designated as special sites. We also encourage remediation of land contamination through the planning process. 1.4 The Environment Agency is the principal flood risk management operating authority. It has the power (but not the legal obligation) to manage flood risk from designated main rivers and the sea. The Environment Agency is also responsible for increasing public awareness of flood risk, flood forecasting and warning and has a general supervisory duty for flood risk management. We also have a strategic overview role for all flood and coastal erosion risk management. 2.0 Scope of these representations 2.1 These Relevant Representations contain an overview of the project issues, which fall within our remit. They are given without prejudice to any future detailed representations that we may make throughout the examination process. We may also have further representations to make if supplementary information becomes available in relation to the project. 2.2 We have reviewed the DCO application, Environmental Statement (ES) and supporting documents submitted as part of the above mentioned application, which we received on 27 May 2020. Our comments are presented under topic headings. 3.0 Environmental Permit 3.1 This site is currently permitted to operate an existing power station and an energy from waste plant, which was granted planning permission under the Town and Country Planning Act 1990 – referred to as the ‘Consented Development’. The project under this application seeks to improve the efficiency of the Consented Development to a gross electrical capacity of up to 95MW. It is our view that changes to the design to achieve this have not significantly affected the air dispersion modelling. 3.2 The existing power station and Consented Development have the benefit of a joint operating permit issued by the Environment Agency. Discussions between the operator and our National Permitting Service are taking place. An approach to vary the existing permit to increase the electrical output for this development, alongside transferring it into a new separate permit, are being considered. 4.0 Flood risk 4.1 We have reviewed Chapter 14 in relation to flood risk together with Appendix 14A (Flood Risk Assessment (FRA)). Schedule 2, Requirement 22 of the DCO secures the mitigation proposed in respect of critical equipment assets and a place of safe refuge, both to be elevated to a level no lower than 4.60mAOD (above Ordnance Datum). 4.2 The Examining Authority will be aware that the Environment Agency released new guidance in respect of Tidal Climate Change Allowances in December 2019, which took account of UKCP18 projections. The submitted FRA makes use of Environment Agency breach modelling that was undertaken using UKCP09 projections. However, we can confirm that the hydraulic modelling outputs (hazard maps) used in the FRA are still considered fit for purpose. 4.3 We are currently finalising new baseline data in respect of water levels for the Humber Estuary, but this is not yet available for release. We note that Requirement 22 secures the submission of a scheme for the mitigation of flood risk during operation. We recommend that the applicant makes an enquiry to us before drafting this scheme to check if this new data is available for their use at that time. 4.4 The Environment Agency does not comment on or approve the adequacy of proposed flood emergency response procedures accompanying development proposals. However, we would advised that warning and emergency response is fundamental to managing flood risk for this development. As such, we welcome the inclusion of Requirement 23 for a flood emergency response and contingency plan to be submitted to, and approved by, the relevant planning authority. Our involvement with this development during an emergency will be limited to delivering flood warnings to occupant/user covered by our flood warning network. The Planning Practice Guidance (PPG) (Flood Risk and Coastal Change section, paragraphs 056-058) provides information on producing an evacuation plan for development and the role of the local authority in ensuring these are appropriate. 4.5 Please note that our advice relates to flood risk from fluvial and tidal sources only; we have not considered the risk of flooding from ground water, drainage systems, reservoirs, canals or ordinary watercourses. We recommend that further advice on these issues is sought from the relevant flood risk management authorities. 4.6 We can confirm that the submitted assessment of flood risk in relation to fluvial and tidal sources is in our view appropriate to the scale, nature and location of the proposed development. 5.0 Protection of groundwater and land contamination 5.1 We have reviewed Chapter 12 of the Environmental Statement Vol 1 (Geology, Hydrogeology and Land Contamination) in conjunction with the following reports found in Appendices 12A – 12C; • Phase 1 Geo-Environmental and Geotechnical Desk Study Report by AECOM, dated April 2020; • Ground Investigation Report Volume 1: Factual Report (ref: A9020-19/1) by Socotec, dated December 2019; and • Ground Investigation Report Volume 2: Interpretative Report (ref: A9020-19/2) by Socotec, dated December 2019. 5.2 A full controlled waters risk assessment has not been undertaken as part of the Socotec investigations, with no groundwater sampling having been undertaken. However, it is noted that the intrusive investigations undertaken by Socotec pre-date the AECOM Phase 1 Desk Study report. The AECOM report states that further ground investigation is being undertaken to obtain data on ground conditions and allow refinement of the risk assessment (as outlined in Section 8.2). 5.3 We are satisfied that Requirements 17-21 within Schedule 2 are appropriate to manage the risks posed to controlled waters from potential contamination at the site. Based on the available information at this time, we consider the risk posed to controlled waters from the site appears to be low. We welcome the additional site investigation work secured under these Requirements, to provide assurances that the risks are acceptable, and we look forward to reviewing these in due course. In order to secure consultation by the relevant planning authority on these matters (in accordance with Requirement 34(2)), we request that the Environment Agency is named as a consultee within Requirements 17, 19, 20 and 21. 6.0 Water Quality 6.1 We have reviewed the assessment of impacts on the water environment, which is included in Chapter 14. This has used the Institute of Environmental Management and Assessment (IEMA) (2011) approach and concludes that the development will only cause negligible or minor adverse impacts once all the mitigation measures including maintenance and use of an Environmental Management System are applied. 7.0 Foul water drainage 7.1 We note the information in respect of foul drainage options in Section 5 of Appendix 14B (Outline Drainage Strategy). Schedule 2, Requirement 14 secures the need to submit details of the permanent foul water drainage system, prior to development commencing. We are satisfied that an appropriate scheme can be approved post consent and we request that we are added as a named consultee for the discharge of Requirement 14(1), in order to secure further consultation with us on this issue. 8.0 Waste management & pollution prevention 8.1 We have reviewed Chapter 16 of the ES in respect of waste management and this highlights relevant legislation, which will be adhered to. The outline Construction Environmental Management Plan (CEMP) also includes proposals for the final CEMP, which are satisfactory. This is adequately secured with the inclusion of Requirement 15 in Schedule 2 of the DCO. We are satisfied that all aspects of waste management and pollution prevention have been adequately addressed in these documents. 9.0 Further Representations 9.1 In summary, we can confirm that we have no objection to the proposed development, as submitted. However, we reserve the right to add to or amend these representations, including requests for DCO Requirements and protective provisions should further information be forthcoming during the course of the examination on issues within our remit. If you have any questions regarding these representations, please contact me."