Common use of Key Commitments Clause in Contracts

Key Commitments. The Parties have agreed to work together to develop and implement policy and best practice to protect surface water and groundwater and reduce the risk of flooding on the existing road network and new road projects. To do so, the Parties will work together (along with Agents and Contractors) in the following areas: The Parties have agreed the following commitments: Highway Schemes 1) The Parties will consult at an early stage about proposals for highway schemes, so that they can agree requirements for: The Environment Agency will respond to requests for information and comment on submissions within agreed timescales. 2) On major schemes, the Highways Agency will determine the need to carry out an environmental impact assessment (EIA) for all highways schemes, including maintenance schemes, as required under Sections 105A and 105B of the Highways Act 1980 as inserted by the Highways (Assessment of Environmental Effects) Regulations 1999 (SI 1999 No.369) and consider whether it is necessary to publish an environmental statement for which the Environment Agency is a statutory consultee. The Environment Agency will co-operate by providing data that could reasonably be requested by the Highways Agency or its agents engaged in preparation of an EIA, within reasonable timescales. Likely details required for assessing a major highway scheme requiring an Environmental Statement are in Appendix D. 3) On smaller schemes, including maintenance schemes, the Highways Agency will consult the Environment Agency about its proposed protection measures for any works where there is a potential adverse impact on the water environment and the need for any necessary consents or permits (refer to Chapter 3). The Parties will work together to agree protection measures commensurate with identified risks within reasonable timescales. 4) The Highways Agency will, upon request, and where appropriate, include in any contract documents for works it undertakes directly, the “Special Requirements in Relation to the Environment Agency”. The Parties will agree in advance the level of detail to be submitted with any proposals. Surface and Groundwater Protection 5) The Highways Agency will, wherever possible, assist with identifying its assets within any river catchment and will make available to the Environment Agency, wherever possible, drainage plans of the road network in support of WFD related activities. 6) The Environment Agency will consult with the Highways Agency on developing River Basin Management Plans (RBMPs) and the wider programme of implementing the WFD. 7) Environment Agency named contacts in each of its Regions will be responsible for identifying areas that require protection and controls on specific herbicides and/or application methods. These contacts will review these areas each year, removing those that no longer require protection, and/or adding new areas that require protection (e.g. the closure or commissioning of a water supply source). The Highways Agency or its maintaining agents will agree with the contact active ingredients and application methods for herbicides used in each control area. 8) The Highways Agency and/or its agents will consult the Environment Agency when using de-icing products other than road salt. De-icing materials containing agricultural by-products need to be assessed for their potential to pollute. Early discussions on their use in certain areas will protect public safety and the environment. Permits 9) The Parties have reached a common position on which permits are required and under which legislation to make applications. These are set out in Chapter 3, Table 1. The Highways Agency will liaise with the Environment Agency at an early stage of a road project to identify and understand any requirements for consents and/or permits. The Environment Agency will respond within an agreed time limit. Various permissions may be required for: The Highways Agency, (along with its agents, consultants or contractors), will seek advice from the Environment Agency on any activity related to water quality, flooding and abstraction regardless of the need for a consent. Flood Defences 10) The Parties will work together to identify any Highways Agency assets that provide some/any flood defence function. 11) The Parties will work together to identify areas vulnerable to flooding on the road network and where necessary minimise the impact of flooding in accordance with the principles and commitments set out in Annex 3 (ref: Incident Management Annex). Information Exchange and Research & Development 12) The Parties will continue to explore opportunities for collaborative research to reduce costs, protect the environment and maximise benefits for both Parties, including the exchange of information. The Parties agree to keep confidential any information disclosed by either Party unless either Party is obliged by law to make the information publicly available. Further details on the agreed arrangements between the Parties when exchanging information are in Annex 4 (ref: Information Exchange). The use of Sustainable Drainage Systems (SUDS) 13) The Highways Agency is committed to using appropriate SUDS measures on the strategic road network e.g. wetlands, balancing ponds, detention ponds (dry ponds) and filter drains. The Highways Agency will use SUDS, wherever possible and appropriate, in construction sites and within its highway design. Guidance on the use and maintenance of these systems is in the Design Manual for Roads and Bridges, Volume 4 Section 2, Part 1 HA103: Vegetated Drainage Systems for Highway Run-off (many of these drainage systems are referred to elsewhere as SUDS). Climate Change 14) When required, the Highways Agency will consult with the Environment Agency to identify and confirm the requirements for climate change. The Parties will work together to implement the principles of sustainable development and continually review policy in line with government policy on climate change. Guidance documents 15) The Parties will consult one another on revisions to key policy and guidance notes on the water environment.