Updated: Added a new de minimis exclusion (section 2.7). It explains when you can discharge groundwater that meets drinking water quality standards onto ground.
Use this publication to find out about groundwater activity exclusions for:
Updated: 1. You will need to do a risk assessment for on-going environmental management, for example grey water disposal.
2. If you dispose of water at a human burial site then you must check if you need an environmental permit for that activity.
You need to follow this guidance if you are examining the potential or current effect of burials in a cemetery or individually, as part of a risk assessment. You will need to undertake a risk assessment, for example:
These principles also apply to pet cemeteries and the emergency burial of animal carcasses.
You need to submit your risk assessment to the Environment Agency or your local authority, depending on who has requested it. Your assessment will need to be approved before you begin or continue your activity.
Human burials are not currently controlled through the permitting system under the Environmental Permitting (England and Wales) Regulations 2016. However, you should use the principles for a groundwater risk assessment to ensure you do not cause pollution. You may still need a permit if you dispose of any water from the site. Check the guidance Discharges to surface water and groundwater: environmental permits.
You need to check if you are in a sensitive location for groundwater and what restrictions apply. Use the interactive groundwater maps to find out if you’re in a sensitive location. You must also find out about private water supplies by contacting your local council.
Read the restrictions in the Environment Agency’s groundwater position statements for more information:
You should use a source-pathway-receptor approach to follow this guide’s principles.
For groundwater risk assessments relating to burials the:
Groundwater receptors can include:
To assess the risk at a site you will need a realistic estimate of the yearly maximum number of burials that take place or will take place, and whether these involve human or animal remains.
You must ensure any subsurface investigation of the soil and rock is at least 1 metre below the base of the grave.
You should use site specific hydrogeological data.
You must not pollute groundwater and you need to carry out a risk assessment to show that:
You should use a tiered approach for risk assessments. The cost, time and effort in undertaking an assessment is proportional to the effort or measures required to make the risks from the activity acceptable.
For all tiers you need to develop a conceptual model.
For a tier 1 assessment, you need to do a desk study and a qualitative risk assessment. Each risk is ranked using a scoring system to prioritise those of most concern. The overall risk of the proposal can then be assessed as low, medium or high. For high and medium risks you need to do a more detailed tier 2 or 3 risk assessment.
For tier 2 and 3 assessments you need to build on the information you gathered in your tier 1 assessment and refine your conceptual model.
If your risk assessment shows pollution or a risk of pollution you need to work with your local authority and the Environment Agency on how to address this. At existing cemeteries you will have to stop burials until you have an agreed plan of action.
For tier 2 and 3 assessments you need to supply the following minimum information.
Your risk assessment must show for:
Your risk assessment must show for:
Your risk assessment must show for:
Your risk assessment must show for:
For tier 2, you must show geological and hydrogeological maps and histories. You may also need to include:
For tier 3, you need to provide the tier 2 information, plus:
Boreholes must be at least 10 metres below the minimum groundwater level. Gather data and carry out investigations (for example, to estimate permeability based on falling head test, bailing test, tracer tests).
A minimum of 3 investigation boreholes are required – 1 on the up-gradient side of the site and 2 close to the down-gradient boundary.
Your risk assessment must show:
Your risk assessment must show for:
The area of the water features survey will depend on the size of the site, proposed abstraction rate and the aquifer type. The Environment Agency will determine the radius of the survey.
Your risk assessment must show for:
Tier 2 and 3 risk assessments must check local, regional or national planning authority for potential:
You don’t need to monitor sites where the risk assessment shows that the risk to groundwater is low. You will need to monitor other sites, with the frequency depending on the degree of risk.
Follow the groundwater monitoring principles and the technical guidance for monitoring groundwater.
You may also need to carry out monitoring outside the burial boundary. For example, if burials are close to the perimeter of cemetery grounds.
You need to carry out monitoring to:
If monitoring identifies groundwater pollution, you must stop burials and carry out further investigations to find out the cause. You must also contact the Environment Agency who may require you to take action to sort out the pollution before burials can start again. Remember this applies to human and pet cemeteries.
You may need to consider what parameters you’re monitoring on a site-specific basis. For example, you may need to include formaldehyde, organics, hazardous substances and bacterial indicators.
Where you need to monitor groundwater, you must meet the following minimum requirements for pre-development and ongoing burials.
You should have at least 1 borehole up-gradient of the boundary of the site and 2 boreholes down-gradient of the boundary of the site. The down-gradient boreholes should be spaced no more than 100 metres apart. You should work out the groundwater flow direction from your monitoring boreholes.
You should monitor:
For higher risk sites, the Environment Agency may require an increase in the frequency of monitoring, both prior to development and longer term. This will depend on the sensitivity of the site and the results of the monitoring and can be reviewed accordingly.
For surface waters that are at risk you should have 1 monitoring point upstream and 1 downstream. These should be monitored on a monthly basis.
The minimum frequency for monitoring of baseline conditions and the monitoring suite (the determinands) prior to development is either quarterly or 6 monthly.
| Minimum frequency | Suite of determinands |
|---|---|
| Quarterly | water level, pH, temperature, electrical conductivity, dissolved oxygen, ammonium, nitrogen, chlorine |
| 6 monthly | sulphate, total oxidised nitrogen (nitrate and nitrite), total organic carbon, biological oxygen demand, chemical oxygen demand, alkalinity, sodium, potassium, calcium, magnesium, iron, manganese, cadmium, chromium, copper, nickel, lead, zinc, phosphorus |
The frequency of monitoring and suite of determinands for long-term monitoring once the site is in use (indicators of pollution) is 6 monthly.
| Minimum frequency | Suite of determinands |
|---|---|
| 6 monthly | water level, pH, temperature, electrical conductivity, dissolved oxygen, total oxidised nitrogen (nitrate and nitrite), total organic carbon, biological oxygen demand, chemical oxygen demand, ammonium, sulphate, chlorine, sodium, potassium, calcium, magnesium, iron, phosphorus |
You may also need to increase the frequency of monitoring for higher risk sites or decrease it to annual monitoring if monitoring shows stable conditions.
You can use the following information to calculate the potential release of pollutants from your site.
Composition of the human body:
| Composition | % weight |
|---|---|
| Water | 64 |
| Protein | 20 |
| Carbohydrate | 1 |
| Mineral Salts | 5 |
| Fat | 10 |
Element components:
| Elemental Component | % dry weight |
|---|---|
| Carbon | 80.6 |
| Nitrogen | 9.2 |
| Calcium | 5.6 |
| Magnesium | 0.1 |
| Sodium | 0.3 |
| Potassium | 0.7 |
| Phosphorus | 2.5 |
| Sulphur | 0.7 |
| Chloride | 0.3 |
| Iron | «0.01 |
| Heavy Metals | Trace |
Micro-organisms are mainly responsible for the breakdown of human remains. The rate of decay depends on the extent of microbial growth and activity. The proportions of degradable matter in a human body are:
The slowly degradable and inert rates assume that mineral salts (ashes) form a final stable residue. The slowly degradable component of bones may be considered for practical purposes.
The rate of microbial activity is influenced by the:
Pathogens (mainly micro-organisms such as a virus or bacteria that cause disease) may also be present. They will die off naturally and rapidly reduce in concentration with increasing distance from the grave. Physical conditions like temperature, moisture content, organic content and soil pH will also affect their survival time.
There is also the potential, depending on the natural soil characteristics, for an increased soil pH resulting from a high proportion of calcium. This may impact upon degradation rates and micro-organism activity.
A buried human body normally decays to skeleton within 10 to 20 years. Pollutants from human remains come from dissolved and gaseous organic compounds and dissolved nitrogenous forms, especially ammoniacal nitrogen.
Estimates suggest that more than half the pollutant total leaches within the first year and halves year-on-year after that. Less than 0.1% of the original pollutant total may remain after 10 years.
| Year | Total organic carbon | Ammonium | Calcium | Magnesium | Sodium |
|---|---|---|---|---|---|
| 1 | 6.00 | 0.87 | 0.56 | 0.010 | 0.050 |
| 2 | 3.00 | 0.44 | 0.28 | 0.005 | 0.025 |
| 3 | 1.50 | 0.22 | 0.14 | 0.003 | 0.013 |
| 10 | 0.01 | <0.01 | <0.01 | <0.001 | <0.001 |
| Year | Potassium | Phosphorus | Sulphate | Chloride | Iron |
|---|---|---|---|---|---|
| 1 | 0.070 | 0.250 | 0.210 | 0.048 | 0.020 |
| 2 | 0.035 | 0.125 | 0.110 | 0.024 | 0.010 |
| 3 | 0.018 | 0.063 | 0.054 | 0.012 | 0.005 |
| 10 | <0.001 | <0.001 | <0.001 | <0.001 | <0.001 |
The time it takes to flush pollutants from the buried body relates directly to effective rainfall and the infiltration rate through the soil and grave.
Estimate the possible average composition of effluent reaching the water table beneath the burial ground by dividing the pollutant release by the total annual infiltration.
This table gives an estimate of water infiltration (litres per year) through a typical grave plot.
| Surface cover | Infiltration from grass surrounds | Infiltration from surface | Total annual infiltration |
|---|---|---|---|
| Chippings | 2,000 | 750 | 2,750 |
| Grass | 2,000 | 500 | 2,500 |
| Tress/shrubs (green burial) | 2,600 | 250 | 2,850 |
This table is based on a mean annual rainfall of 650mm and typical evapotranspiration losses. Each grave and surrounding area is considered to be centred on:
Green burial sites usually have more rapid decay rates compared with conventional cemeteries because of:
You will need to consider infiltration rates, and adjust your calculations accordingly when carrying out your risk assessment. Infiltration rates may be lower on such sites due to increased evapotranspiration by trees and shrubs.
You should tailor the monitoring to suit products of aerobic decay processes such as nitrate and sulphate. This is because green burials are less polluting than anaerobic decay and for example, don’t usually include formaldehyde.
Pollutants from a burial site may migrate into the:
Where there are shallow soil zones or deep graves, burials will affect the unsaturated zone directly.
Following burial the breakdown by the main processes of attenuation are summarised as:
Soils have complex content, with the potential for intense biochemical reactions, meaning contaminants may change while passing through them. Unless there is waterlogging, air access is generally good and this encourages rapid oxidation of pollutants.
Below the soil, in the unsaturated zone, less chemical and biological activity takes place. Oxygen diffusion from the surface is low and low oxygen (anoxic) conditions may develop. However, chemical and biochemical reactions may continue to attenuate pollutants. Filtration and sorption may continue to de-mobilise particulates and some dissolved pollutants.
The potential for the aquifer matrix to remove micro-organisms and pathogens by filtration depends on the nature of the matrix. Where the major route for groundwater flow is through a porous intergranular matrix, like sandstone aquifers, there is a high filtration potential.
Conversely, aquifers where fractures are the main flow route, like chalk aquifers, offer limited potential for filtration.
The transport of micro-organisms and pathogens in groundwater depends on their size, shape and their means of being transported through the aquifer.
Water abstracted from a shallow depth has a shorter travel time within the aquifer. Therefore it is more likely to be at risk of transporting micro-organisms and pathogens than water abstracted from a greater depth, which has a longer residence time.
Because of the short travel time, many springs and shallow wells are more vulnerable to microbial pollution problems than deep wells or boreholes.
Updated: Added ‘unaltered or unweathered’ to make it clear that graves must not be dug in unaltered or unweathered bedrock.
Burials must not pollute groundwater. Groundwater can be at risk of pollution from burials where the numbers are sufficient and if the site is in a sensitive or vulnerable area. Measures to prevent or limit pollution must be appropriately considered, given the sensitivity and risks posed.
The Environment Agency’s groundwater position statements explain government policy on the burial of human and animal remains.
A burial site must be:
Different rules apply for:
All graves must:
Always allow for any potential rise in the water table, including seasonal variations and extreme rainfall.
The Environment Agency can take action if large numbers of burials, either as a single event or over a period of time, affect or could affect groundwater quality.
Burials can result in the discharge of hazardous substances and non-hazardous pollutants to groundwater. They are therefore covered by the requirements of the Groundwater Daughter Directive 2006/118/EC as implemented by the Environmental Permitting Regulations.
The Environment Agency may serve a works notice under section 161A of the Water Resources Act 1991 and the Anti-Pollution Works Regulations 1999 to prevent or seek remedial action for pollution of controlled waters.
In addition to the requirements set out in this guide, you may need to monitor groundwater before burying animal or human remains. Find out what you need to monitor in the cemeteries and burials groundwater risk assessment guidance.
Burials must not cause pollution and therefore shouldn’t take place below the water table. Burials below the water table limit the capacity for attenuation and there must be no direct input of hazardous substances to groundwater. Therefore, some sites with existing planning permission, such as existing cemeteries, may need some form of intervention to control groundwater levels. For example, artificial drainage and abstraction for removal.
You must collect any artificially drained groundwater, treat it as contaminated, and dispose of it as foul water. You’ll need an environmental permit to carry out these actions unless you have permission to discharge to mains foul drainage. Contact your local sewerage provider in these cases.
Until there is more information about the effect of any new method for managing burials close to, or below, the water table, the Environment Agency will want to see:
For human burials, this includes the use of sealed caskets.
You don’t need permission to scatter ashes from a single cremation on your own land, or make any formal record of doing so. You should seek permission from the landowner if you want to scatter ashes on someone else’s land.
If you’re spreading ashes across surface water you should avoid casting wreaths or other memorabilia – they may harm the environment, including wildlife.
Crematoria owners and managers must carry out a site-specific risk assessment if ash is scattered at their sites.
Find out if you need a permit to bury or spread ash at pet cemeteries.
If you want to bury individual human remains at home, you must:
You should also make a clear, detailed plan showing where the burial took place, and keep this with the deeds of the property or land.
Green burial sites are often in areas such as woodlands, nature reserves and gardens.
Site managers and owners must follow minimum groundwater protection requirements.
Contact the Natural Death Centre to find out how to arrange a green funeral.
Manage existing cemeteries to limit environmental impact. For example, use methods such as artificial drainage to reduce the risk and meet the minimum requirements where possible.
Any extension to an existing site must comply with the requirements for new cemeteries and extensions. All existing sites should have an appropriate risk assessment.
Any new cemetery or extension to an existing site, including grave plot reuse and ‘lift and deepen’ methods, must:
As a minimum you must do a tier 1 risk assessment to evaluate the potential harm to groundwater from pollution.
Local councils control new cemetery and extension applications through planning laws, and the Environment Agency is a statutory consultee for potential groundwater pollution.
The Town and Country Planning Act and Regulations (various dates) have provisions allowing the control of development and land use, including cemeteries. Planning conditions may be set to protect groundwater.
The Environment Agency considers sites with the potential for 100 burials a year or more to be high risk. These sites will need detailed evidence to show both:
You may also have to carry out regular monitoring to ensure the risk of groundwater pollution stays acceptable. How often, and what checks, depends on:
The Environment Agency expects you to limit your cemetery’s environmental impact, such as phasing burials to reduce the concentration of substances and organisms.
During an emergency situation, such as a health epidemic or disaster, it’s a priority to keep sources of drinking water safe from contamination.
Emergency planners should always try to use alternatives to burial for body disposal, such as cremation. Plans for using existing cemeteries, or land reserved for new cemeteries, must not affect the quality or safety of groundwater or any other water supplies.
Any temporary morgue or mortuary must be able to contain bodily fluids, microbes, substances and chemicals. This may involve sealing drains for safe collection of liquids for later removal by a specialist contractor.
During such emergency situations, if groundwater is at risk, then the minimum groundwater protection requirement of being outside an SPZ1 may be extended to SPZ2.
Different rules apply for:
If you’re burying wild animals (except wild game) you must follow the minimum groundwater protection requirements.
You don’t need permission to bury domestic pets.
You can bury small domestic pet animals such as a dog or a cat on your own land, for example in your back garden. There are no minimum groundwater protection requirements.
If you want to bury a larger pet animal such as a pet horse follow the minimum groundwater protection requirements.
For these larger pet burials contact your local council’s animal health office. Your local council may ask for a map marking the burial place or they may have additional requirements .
Owners and managers of pet cemeteries should comply with:
You must also register your pet cemetery with the Animal and Plant Health Authority. Find out where you can build pet cemeteries and how to register them.
You must not bury on-site any animal kept as livestock or that’s wild game. This includes animals at farms, zoos and similar places. You can dispose of them by:
Under normal circumstances, the burial of fallen stock is prohibited by the Animal By-products (Enforcement) (England) Regulations 2013. A relaxation from this rule (a ‘derogation’) applies in the Isles of Scilly.
Find out the rules on burying or burning fallen stock so you can safely dispose of dead animals.
The government may relax the laws preventing on-site burials of animals kept as livestock and wild game during extreme events. For example, during a widespread outbreak of foot and mouth disease. You must consider the risk to groundwater – the minimum groundwater protection measures still apply.
Emergency conditions and time pressures mean only quick, simple risk assessments are possible. This limits burial permissions. Farm managers must have no other means available for disposal before considering burial.
The potential for disease transmission may mean the burial exclusion zone applies to both SPZ1 and SPZ2. The risk of pollution is site-specific and depends on a number of issues.
Large volumes of carcasses pose a greater hazard, especially in areas close to principal aquifers. These may have to go to existing landfill sites with permits to handle animal waste.
If this is a concern then you’ll need to limit use of groundwater for drinking water, food production purposes and livestock watering.
Burial in unlined pits under emergency conditions will affect groundwater quality.
Areas with permeable deposits may result in a greater risk to the underlying groundwater. Areas of low permeability present a higher risk that contaminated water will build up and present a hazard to surface water.
You should allow for any potential rise in the water table. There must be no direct input of hazardous substances to groundwater and non-hazardous pollutants must be limited to avoid pollution.
As well as the risk to any current use of groundwater, over time the burial is likely to remain an active source of contamination so this may limit future use of groundwater. You need to avoid causing pollution to groundwater resources in future.
There are different requirements for the emergency burial of animal carcasses based on the animals’ weight.
You don’t need permission from the Environment Agency for burials of less than 2 tonnes, but you should follow the minimum groundwater protection requirements.
You can carry out more than 1 burial a year, providing:
Contact your local Environment Agency office for burials between 2 and 8 tonnes. It will work with you to:
You must have an environmental permit before burying animal carcasses over 8 tonnes. Contact your local Environment Agency office for further information for burials over 8 tonnes.
If the burials exceed 50 tonnes you will also need to show comprehensive plans for engineered containment and site management during and after burial.
For more information on emergency burials read Section M of the groundwater protection position statements.
You may have to follow the groundwater monitoring rules for animal carcass burials.
Updated: Updated The Environment Agency’s approach to groundwater protection.
These position statements describe the Environment Agency’s approach to managing and protecting groundwater. They update Groundwater protection: principles and practice (GP3).
This document helps anyone whose current or proposed activities have an impact on, or are affected by groundwater such as:
Many of the approaches set out in the position statements are not statutory but may be included in, or referenced by, statutory guidance and legislation.
Environment Agency staff use these position statements as a framework to make decisions on activities that could impact on groundwater. This clear approach aims to remove uncertainty and potentially inconsistent decision-making.
This document is the Advisory Committee on Releases to the Environment (ACRE’s) advice to government in considering a request from Imperial College London (16/R49/01). The application is for a deliberate release of genetically modified virus (the vaccine) based on Adenovirus 4.
ACRE is satisfied that the trial will not have an adverse effect on human health or the environment.