Council Policy. This Policy assists in the implementation of the Council Plan Revised 2010, in particular Strategy 3.1.
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1 Council Policy Council Policy Title: Council Policy Ref No: Council Policy Owner: Adopted by: Discharge of Pumped Subterranean Water Associated with Basements or Below-Ground Structures C/POL/INF/024 Director Infrastructure Services Bayside City Council Date Adopted: 8 May 2012 / Item Scheduled Review: May Policy Intent This Policy has been developed to address issues associated with the discharge or flow of pumped subterranean water originating from sub-surface agricultural drainage systems and the discharge or flow of pumped subterranean water associated with the construction of basements and/or underground car parking or other below-ground structures within the municipality of the City of Bayside. This Policy establishes guiding principles for managing the discharge or flow of subterranean water from any building or land to any Council owned or controlled land, footpath, municipal reserve, road or street, and where appropriate, the conditions on which Council will accept a subterranean water discharge or flow into the Council s storm water drainage system. In particular, the intent of this Policy is to: reinforce that the point of discharge, as determined by the Council in accordance with regulation 610(2) of the Building Regulations 2006, is for the purposes of discharging storm water, as defined by this Policy, from the specified point of discharge on a property to an appropriate external point of connection in the Council s storm water drainage system; reinforce that Council is under no legal obligation to accept any subterranean water discharge or flow into the Council s storm water drainage system; and set out the circumstances, and the conditions, under which Council may accept any subterranean water discharge or flow into the Council s storm water drainage system. This Policy assists in the implementation of the Council Plan Revised 2010, in particular Strategy 3.1.5: We will provide sustainable infrastructure that is fit for purpose and provides high levels of community benefit. Adopted by Council 8 May 2012 Page 1
2 This Policy is consistent with the guiding principles for storm water quality management, as established in Council s Storm Water Quality Management Plan. 2. Purpose and Objective The purpose of this Policy is to: clarify the responsibilities of the Council, and others, with respect to the management of any subterranean water discharge or flow from any building or land to any Council owned or controlled land, footpath, municipal reserve, road or street; establish guidelines for the acceptance of subterranean water from any building or land into the Council s storm water drainage system; ensure that the acceptance by the Council of any subterranean water from any building or land will not adversely impact on the quality of storm water within the City of Bayside, and that the subsequent discharge or flow of any subterranean water into Port Phillip Bay will not impact upon the natural environment or human activities; and ensure that the acceptance by the Council of any subterranean water, having regard to its quantity or nature, from any building or land will: 3. Scope not be dangerous to public health, safety or wellbeing; will not constitute a nuisance; and will respect the proper care, management and control by the Council of the storm water drainage system. This Policy is applicable to all properties within the City of Bayside. While this Policy is largely applicable to privately-owned properties with basements and/or underground car parking or other below-ground structures, it also applies to properties owned by the Council and other Government Authorities. This Policy also applies to any other property for which there is a requirement to discharge any subterranean water from the site. The issue of subterranean water is not unique to the City of Bayside. In the past, the discharge of subterranean water has been accepted into the Council s surface and underground storm water drainage systems, and also into South East Water s sewerage system. In some instances, the discharge or flow of subterranean water has created problems, which this Policy purports to address. 4. Roles & Responsibilities The Manager Asset Management is responsible for ensuring Policy implementation, compliance, monitoring, evaluation and review and is also responsible for providing advice in relation to this Policy. South East Water, as the sewerage authority, is responsible for discharges into the sewerage system and is the relevant body for making a determination as to the acceptance of subterranean water from any building or land into the sewerage system. Adopted by Council 8 May 2012 Page 2
3 Property owners, under the Water Act 1989 and other legislation, are responsible for the management of subterranean water within their site. Property owners must obtain approval from either the Council or South East Water (whichever is the relevant authority) to discharge subterranean water from the site. 5. Monitoring, Evaluation & Review Compliance with this Policy will be monitored through existing procedures and processes including: the process for determining and reporting on property point of discharge applications in accordance with regulation 610(2) of the Building Regulations 2006; engineering and site analysis of drainage system proposals, prior to acceptance; inspection of all as-built connections into the Council s storm water drainage system; and investigation of complaints regarding any inappropriate discharge or flow into the Council s surface and/or underground storm water drainage systems. This Policy will be reviewed every three years. 6. The Difference Between Storm Water and Subterranean Water For the purposes of this Policy, storm water means: Naturally occurring water that results from rainfall falling on or around the surface of a site, or water flowing onto the surface of a site, but does not include any rainfall which does not form or become surface run-off from a site, and which has otherwise soaked, seeped or percolated into the subsurface of the ground or the soil of a site. For the purposes of this Policy, subterranean water means: Any water (including any matter dissolved or suspended in any such water) which (a) exists or occurs in or can be obtained from any geological structure or formation, any natural or artificial land fill or any soil beneath the surface of the land; and (b) arises (or has originated) from any surface or underground flow of water (including any discharge, release, escape, percolation, seepage or passage of such water). 7. Policy Statement Bayside City Council s Storm Water Quality Management Plan provides the guiding principle for Storm Water Quality Management in the City of Bayside: The quality of storm water within Bayside and discharging into Port Phillip Bay will not impact upon the natural environment or human activities. Adopted by Council 8 May 2012 Page 3
4 In the Council s management of its responsibilities with respect to the Council storm water drainage system and, in particular, when considering whether or not to accept a discharge of any subterranean water from any building or land to any Council owned or controlled land, footpath, municipal reserve, road or street, Council must act appropriately and reasonably, and will take into account the following considerations: i. Be cognisant of the purpose of the Bayside City Council s drainage network, which is to manage storm water run-off and drainage. Unless otherwise determined in accordance with this Policy, only storm water, as defined by this Policy, may be discharged from the point of discharge at, or within, a property allotment boundary to an appropriate external point of connection in the Council storm water drainage system; ii. iii. Recognise that, while the Council is under no legal obligation to accept any subterranean water discharge into the Council s storm water drainage system, in some instances this may be the only practical solution available to property owners; Require property owners to consider alternatives to discharging subterranean water on an ongoing basis. This can be achieved by: a. designing the basement taking the subterranean water level into account and constructing the basement to be water tight so that there would be no need to discharge any subterranean water; or b. discharging the subterranean water into a water storage facility and using it on site. iv. After considering the nature of any proposed development on a property require Engineering certification that subsurface water will not be discharged from the property if it appears that this may be a likely outcome and no application to discharge has been lodged. v. Only accept the discharge of subterranean water from properties into the stormwater system if the following criteria are met: a. That the owner demonstrates that the need to discharge subterranean water cannot practically be eliminated or be contained and used on site. b. That the owner demonstrates that the existing or treated subterranean water meets Councils quality standard for discharge into the stormwater drainage system. c. That on an ongoing basis, when requested by Council, the owner at their cost provides further evidence that quality standards are being met. d. discharges of subterranean water to the Legal Point of Discharge will only be considered if the Legal Point of Discharge is connected to a public underground drainage system with adequate capacity to handle the additional flows and that, where required, subterranean water is filtered to rainwater clarity or other standard approved by Council. Note: alternatively, property owners can enter into a trade waste agreement with the sewage authority (South East Water) to discharge the subterranean water into the sewage system. Adopted by Council 8 May 2012 Page 4
5 vi. vii. Require that where a public underground drainage system of adequate capacity is not available within the property or at the front boundary of the property, the subterranean water must be discharged into the nearest public underground drainage system at the cost of the owner unless otherwise determined by Council. Any drain between the Legal Point of Discharge and the public underground drainage system must be constructed to Council s satisfaction and this drain will be vested in Council upon completion. Council will contribute to the cost of the drain if: a. The size of the drain determined by Council exceeds minimum standards i.e. 225mm diameter, or b. Other properties are connected to the new drain as part of its construction. Where it is identified that a nuisance is created by subterranean water discharging from an existing property into kerb and channel, require the property owner to amend their drainage system to discharge that water into the nearest public underground drainage system, at the cost of the owner unless otherwise determined by Council. Council will contribute to the cost of the drain if: a. The criteria listed in 7(vi) for new approvals are met, or b. Specific approval has previously been given by Council to discharge subterranean water into the kerb and channel. viii. Indicate the implications of this policy to the applicant at the time of application for a Legal Point of Discharge ( point of discharge under the Building Regulations 2006 (s610 Stormwater Drainage)). 8. Related documents Policies N/A Strategies Drainage Asset Management Plan 2011 Storm Water Quality Management Plan 2001 Procedures Guidelines Application for Legal Point of Discharge Bayside City Council Standard Drawings Requirements for the Design of Council Drains, February 2010 Please note: This policy is current as at the date of approval. Refer to Council s website ( or staff intranet to ensure this is the latest version. Adopted by Council 8 May 2012 Page 5
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