Water Services National Training Group

1. Water Services National Training Group 11th Annual Conference 6th September 2007

2. Significant Water Management Issues Colin Byrne Water Inspector Department of Environment, Heritage and Local Government

3. WFD Implementation –Timetable in Irish Regulations (SI 722, 2003)

4. EU Commission Implementation Report (2007) Communication ‘Towards Sustainable Water Management in the European Union’ (COM(2007) 128 final) • Supported by Annexes 1) WFD 1st Implementation Report (SEC(2007) 362) • Snap-shot of the situation reported in 2004-2006 • Based on reports from Member States • Assesses 3 components: • Legal transposition into national law (Art. 24) • Administrative arrangements (Art. 3) • Environmental/economic analysis (Art. 5)

5. Implementation Results • Legal Transposition:- 19 MS with major shortcomings • Administrative Arrangements: • 110 different RBDs, 40 are international • >60 % of EU territory is international • RBD size between 1,000 and 800,000 km2 • Economic analysis: • Low level of information on cost-recovery in different sectors

6. TITLE

7. “Good practices” EU27 average “Distance from minimum target” * * Preliminary assessment Implementation Results Article 3 arrangements Results of performance assessment

8. range between different national RBDs Implementation Results Article 5 analysis Overall performance Article 5 * *

9. water matters “Have your say!”

10. “Water Matters” Significant Water Management Issues Report Required by SI 722 of 2003 and Article 14.1 (b) of Water Framework Directive Public consultation document No format set down by regulations or EU Opportunity to address the public in language they understand Gives information and invites comment

11. “Water Matters” Common template and timetable for NI and RoI Each RBD produced their own report; format and 80% of content are common Length About 50 pages How many issues? 8 national issues 2 or 3 local issues

12. Format of how issues are presented How does the issue affect water quality? What existing controls are in place? Are these controls adequate to meet the new targets set by the Water Framework Directive? What additional actions are proposed?

13. Groundwater

14. Rivers

15. 8 Significant Water Management Issues of national concern • Wastewater and industrial discharges • Other point sources • Agriculture • Unsewered properties • Forest and Water • Use and discharge of dangerous substances • Physical modifications • Abstractions

16. Wastewater and industrial discharges

17. Wastewater and industrial discharges • Background – • 540 sewerage systems serving populations of 500 – 1.7 million • 600 IPPC licenses granted by EPA • 1,090 discharge licenses to sewer & 1,120 to water granted by local authorities • €2.3 billion invested (NDP 2000-2006) meeting 90% of infrastructure needs • €2.5 billion estimated (NDP 2007-2013) • Potential impact on waters – • Inadequate treatment – organic load, nutrients and toxic substances • Pollution from urban wastewater – Serious (1%) – 60%; 33% P, 10% N

18. Wastewater and industrial discharges • Existing controls – • Urban wastewater – Urban wastewater treatment Regulations (1994-2004), Planning and Development Act (2000), Foreshore Act (1933) • Industrial and commercial – IPPC Regulations (1994-2004) and Water Pollution Acts (1977, 1990) • Are existing controls adequate to meet WFD objectives ? – • UWWT– Controls focussed on infrastructure, not discharges. No prior authorisation system for discharges. Monitoring inadequate in places. New water quality standards are to be met • Industrial and commercial – prior authorisation in place, but new emission limits, including dangerous substances. Need to be included in review of licence conditions to meet new water quality standards

19. Wastewater and industrial discharges • What additional controls are proposed? • New regulations creating single national licensing system for urban wastewater discharges • Administered by EPA • Licences will set mandatory emission limits to achieve new water quality standards • Licences will set compulsory monitoring requirements • Review and revision of IPPC and Water Pollution discharge licences to meet new water quality standards • Stakeholders affected: Local authorities + industries discharging to sewer or water

20. Other point sources

21. Other point sources • Background – • EPA identified 86 contaminated sites (industrial sites, gasworks and illegal landfills) • 100 mines • 500 quarries • Incomplete knowledge about these sites • Potential impact on waters – • Potential leakage of contaminants – toxic substances such metals and fuel • Long term pollution of both groundwaters and surface waters

22. Other point sources • Existing controls – • Waste disposal sites - Waste management act – EPA licenses • Mines – mining lease/license - DCENR, planning permission – Local authority, IPPC licenses – EPA • Quarries – Planning and development act registration with local authority • Contaminated sites – EPA and water pollution acts • Are existing controls adequate to meet WFD objectives ? – • Controls adequate • Compliance and enforcement are the challenge – e.g. recent actions to control illegal landfilling and cross border waste movement

23. Other point sources • What additional controls are proposed? • Unregulated waste disposal sites – application of code of practice • Developed by EPA • Local authorities identifying and assessing sites • Quarries – application of best practice • Developed by EPA • Local authorities identifying and assessing sites • Contaminated sites – application of same best practice • Stakeholders affected: Local authorities + industries commercial enterprises and landowners on whose land such activities have taken place

24. Agriculture

25. Agriculture • Background – • Two-thirds of Ireland’s land area - 90% grassland & 10% tillage • 6% of workforce • 2% of total added value • Beef, sheep and milk main exports – 1.3 lu/ha average stocking density • Intensification of farm systems, less farmers, larger herd sizes, intensive agricultural enterprises • Potential impact on waters – • Enrichment of waters – nutrients • Organic pollution – animal manure, silage and slurry • Also dangerous substances e.g. pesticides, oils • Pollution from agriculture – Serious (14%), Moderate (33%), Slight (35%)

26. Agriculture • Existing measures – • European reform – single farm payments / cross compliance – DAF lead controls • Good agricultural practice regulations (2006) – Nitrates Action Plan (NAP) and mini catchment programmes • REPS • Grant schemes for manure management (storage and spreading) • Also Water Pollution Acts, Phosphorus Regulations (Bye-laws etc) – Local authority role • IPPC licenses – intensive agricultural enterprises – EPA role • Are existing controls adequate to meet WFD objectives ? – • Controls are adequate to protect most waters subject to full compliance. More stringent and focussed measures may be needed in sensitive areas

27. Agriculture • What additional controls are proposed? • NAP will be reviewed in 2009 to ensure water quality improvements • Control and reporting of nutrient surplus (animal numbers, feedstuff and chemical fertilizers) • Observed reduction in animal numbers and fertilizer sales • Agri-environmental technologies and schemes are being considered. E.g. Digestors in intensive agricultural areas and riparian zone restoration in sensitive catchments • Stakeholders affected: Agricultural sector

28. Unsewered properties

29. Unsewered properties • Background – • 30% of the population are currently unsewered • Single dwellings, clusters of houses, commercial premises and light industries • One in five properties built since 1991 have septic tanks = 100,000 homes • Galway, Roscommon, Donegal and Monaghan - highest rate of unsewered property development • One third of facilities inspected in Cavan in 2002 were defective • Potential impact on waters – • Nutrients, chemicals and microrganisms can seep into both groundwater and surface water • Contamination of drinking water sources (wells, rivers , lakes)if tanks and percolation systems are not working properly • Reduction of quality of bathing waters and shellfish waters

30. Unsewered properties • Existing controls – • Planning system is the key control • DEHLG guidance on best practice to Planning Authorities • Guidance manuals published by the EPA which explain the investigation and design requirements for systems serving individual premises • Bye-Laws under the Water Pollution Acts • Are existing controls adequate to meet WFD objectives ? – • Water quality problems where septic tanks or proprietary systems are not sited, managed and operated properly • EPA Guidance in draft (being updated)

31. Unsewered properties • What additional controls are proposed? • Updated EPA Guidance manuals for single houses and small scale developments. • Restrict development in areas vulnerable to groundwater pollution and significant flood risk. • Modify development plans. • Improve septic tank maintenance requirements • Provision of collection systems in areas of high septic tank density • Stakeholders affected: Local Authorities, light industries, householders on single house systems or in clusters and practitioners

32. Forest and Water

33. Forest and Water • Background – • 10% of Ireland’s land area – to rise to 17% in next 30 years • Timber production – mainly sawlogs, stakes, wood chip • 77% coniferous • 57% state owned – managed by Coillte • Newer private forests - higher broadleaf proportions, harvesting in 20 years • Potential impact on waters • Acidification • Nutrient enrichment • Sedimentation • Flow pattern changes • Acute toxic events if pesticides not applied in controlled manner • Damage to sensitive protected habitats/wildlife

34. Forest and Water • Existing controls – • Tree felling is subject to Licence under the 1946 Forestry Act, • Forest Service is implementing Sustainable Forest Management (SFM) • Integrated Package of measures for practitioners • Irish National Forest Standard • Code of Best Forest Practice sets out best practice in all stages of the forest management cycle • Environmental Guidelines • Pesticides controlled by the Pesticide Control Unit of DAF • Are existing controls adequate to meet WFD objectives ? – • Existing legislation, binding environmental codes of practice and guidelines play a major role in protecting water quality in forested areas • Revision of Forestry Act may be required • New Acid sensitive areas protocol required

35. Forest and Water • What additional controls are proposed? • The key is to ensure implementation of guidelines and codes of practice. • Introduce more stringent actions, established by scientific evaluation, in the most sensitive areas • (e.g. phased felling to limit sediment input, prior establishment of buffer zones) • For new forest plantations key action – Avoid aforestation of sensitive areas + Strict adherence to statutory regulations, water protection guidelines and codes of practice. • Stakeholders affected: forestry sector – both publicly and privately owned as well as the associated saw-milling and processing industries

36. Use and discharge of dangerous substances

37. Use and discharge of dangerous substances • Background – • Used across all sectors of society • Households, industry, forestry, agriculture, small businesses, mines, construction sites, water treatment, run-off from roads and paved areas and engine exhausts • Increased usage • Register of these substances incomplete (Commission has identified candidate list of 2,042 substances! ) • Potential impact on waters – • Direct toxicity • Some are persistent and bioaccumulate

38. Use and discharge of dangerous substances • Existing controls – • Water quality standards (15 – metals, pesticides, solvents, P) • Monitoring programmes • Emission controls - IPPC licenses, EPER (European Pollution Emission Register), Seveso Directive, Water Pollution Act, Dangerous Substances & Phosphorus Regulations, Pesticides Authorisations, Aquaculture Licenses • Are existing controls adequate to meet WFD objectives ? – • Increased range of substances to be controlled at European and Member State level + new water quality standards to be established • Licensing, authorisation and monitoring systems will require updating to address the new water standards

39. Use and discharge of dangerous substances • What additional controls are proposed? • New water quality standards in WFD classification Regs. (Dec. 2007) • Proposed Directive for Priority Substances (initial 41 substances) • EPA proposed new standards in July 2007 (18 substances) • New regulations licencing WWTP discharges • Review and revision of IPPC and Water Pollution discharge licences • REACH (Registration, Evaluation and Authorisation of Chemicals) • Pesticides strategy • Stakeholders affected: Local authorities, industries and commercial activities producing, using, handling, storing or discharging to sewer or water

40. Physical modifications

41. Physical modifications • Background – • Water supply, navigation, shipping, flood protection, hydropower and land drainage • 95,000 culverts and bridges • 900 km of river flood embankments • 19 large reservoirs • 10 large ports • 200 km of coastal defences • Potential impact on waters – • Direct impact on habitat – drained rivers – loss of spawning habitat, physical barriers – obstacles to migration, hard structures – loss of habitat • Damage to protected areas (e.g. habitats/wildlife)

42. Physical modifications • Existing controls – • Statutory roles – OPW arterial drainage, DCENR coastal defences • Planning and development act – Local authorities • Foreshore act & disposal of dredge spoil permits - DCENR • Are existing controls adequate to meet WFD objectives ? – • No single comprehensive control system for surface water modifications • Registration and authorisation system is needed • New monitoring programmes required to identify impacts and sites requiring restoration

43. Physical modifications • What additional controls are proposed? • New regulations for prior authorisation (licensing regime) / registration systems are being considered for significant modifications • WFD provides for exemptions where a water is a Heavily Modified Water Body (HMWB). Only if benefits outweigh impact + no other alternatives • Stakeholders affected: Developers + operators proposing engineered modifications to surface waters

44. Abstractions

45. Abstractions • Background – • Household, agriculture, recreation, industry • 1.7 million cubic metres of water used per day • 85% of the population is supplied by public schemes • 550 surface water schemes and 2,000 groundwater wells (>10m3/day) • Potential impact on waters – • Over-abstraction – reduced flow rates and levels, saline intrusion • Resulting impact on aquatic wildlife • fringing wetland protected habitats • Fish populations and their migration

46. Abstractions • Existing controls – • Water Supplies Act 1942 –sanitary authorities may abstract water from surface water sources (subject to approval from An Bord Pleanala) • Approvals: • Historical water rights agreements for individual water supply schemes • Local planning approval systems for new schemes • S.I. No. 93 of 1999 EC Regs (EIA) • >2 Million m3/yr • EPA Act 1992 • IPPC industries “can be required” to submit details of any impacts • Exempted - S.I. No. 86 of 1994 LG (planning & dev) regs: • Class 40 - boreholes for domestic supplies • Class 41 – temporary boreholes (except for mineral prospecting)

47. Abstractions • Are existing controls adequate to meet WFD objectives ? – • Abstraction registers need to be completed and brought up-to-date • Consistencyin granting of licenses is lacking • Additional monitoring needed • Approval process needs to include new environmental objectives • What additional controls are proposed? • New regulations for single national licensing / registration systems are being considered for significant abstractions • Inventory of abstractions • Licence consents based on water resource impact • Abstraction limits (quantity and timing) • Monitoring requirements • Stakeholders affected: Local authorities, industrial and commercial enterprises, the agricultural sector and developers proposing abstractions

48. Monitor water bodies Classify their “status” This is a complex process ! What objectives apply ? Which pressures ? What are key risk factors ? What are technical options ? What are the most cost effective measures ? What is a realistic timeframe for implementation ? Default Objectives Set Objectives Programmes of Measures Implement Review performance River Basin Management Process Prevent deterioration At least good status by 2015 Protected area objectives Most stringent applies !

49. Guidance on setting Objectives • DEHLG will specify methods and criteria for setting objectives within the rules of the WFD • The Guidance will recommend how the improved risk assessments currently being updated by the RBD projects are to be used to assist in the setting of objectives • This will result in planned improvements through POMs where we are confident that : • An EQS supporting good status or a protected area objective is not being achieved, or • Trend analysis indicates that deterioration of status will occur unless action is taken

50. Nitrates Urban wastewater IPPC Etc………… First step – fully implement existing 11 Directives