Water Services National Training Group

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Water Services National Training Group

• 11th Annual Conference
• 6th September 2007

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Urban Waste Water Discharges Licensing
Regulations

• Sheila McMahon
• Assistant Principal
• D/Environment, Heritage Local Government

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WASTE WATER DISCHARGE(AUTHORISATION) REGULATIONS
2007

• Regulations not yet made due to revision requests
  still being received
• Following based on current draft so when made
  actual text should be consulted

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Regulations will provide for an authorisation
  system for discharges to waters from LA sewerage
  systems/waste water works
• ECJ judgment of 2/6/2005 in Case C-282/02
  Ireland failed to comply with its obligations
  under the Dangerous Substances Directive

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Judgment was -
• wide-ranging
• about aspects affecting other Govt Depts also
• Ireland had breached obligations of Article 7(2)
  of 1976 Directive by failing to make LA
  discharges (e.g. drainage SWOs) subject to
  authorisation by a competent authority

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Purpose of the Regulations is to address latter
  aspect of the judgment
• Extensive consultations took place with EU
  Commission re content
• Commission has indicated general approval to
  content

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Regulations will -
• require, by specified date, discharges to waters
  from a LA waste water works to be in accordance
  with EPA authorisation
• satisfy outstanding shortcomings re A.7(2) of DSD
  obligations
• give effect to A.11(3)(g) of WFD requirements re
  urban waste water discharges

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Specified Dates

• For sewerage works serving agglomerations gt 500
  p.e., LA must apply for a licence in the 6 months
  before the specified date
• Dates relate to size of agglomeration served
  14/12/07 gt 10,000 PE, 22/9/08 gt 2,000 PE, 28/2/09
  gt 1,000 PE and 22/6/09 gt 500 PE
• If agglomeration lt 500 PE, LAs must apply for a
  certificate between 22/6/09 and 22/12/09 and,
  w.e.f. 22/6/10, must not allow or cause discharge
  without one

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Regulations are intended to prevent and reduce
  pollution of waters by pollutants listed in Annex
  VIII of WFD contained in waste water discharges
  and to give effect to measures required under
  proposed Directive on priority substances.
• In granting an authorisation, EPA must aim to
  achieve, within the prescribed timeframes, the
  environmental objectives of A.4 of WFD.
• EPA may not issue an authorisation that would
  cause a deterioration in surface water or
  groundwater status or compromise the achievement
  of the objectives for protected areas established
  under Community law.

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Authorisation will -
• lay down conditions relating to all discharges
  from the waste water works, including the setting
  of emission limits for pollutants discharged
• be required for waste water discharges to all
  waters incl. surface waters (rivers/
  canals/lakes), estuaries, coastal waters
  groundwater

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• "waste water" means domestic waste water or the
  mixture of domestic waste water with industrial
  waste water
• "domestic waste water" means waste water from
  residential settlements and services that
  originates predominantly from human metabolism
  and from household activities

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Waste water works is defined as
• sewers and their accessories (or any part
  thereof) and all other associated structural
  devices, including waste water treatment plants,
  which are owned by, vested in, controlled or used
  by a water services authority for the collection,
  storage, treatment or discharge of waste water

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• The Authorisation system will apply to
• waste water discharges from all sewers and their
  accessories,
• waste water discharges from all other associated
  physical elements used for the collection,
  storage or treatment of waste water, and
• storm water overflows in sewerage systems.

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Shared waste water works
• application is to be made by the LA that is
  agreed between the sharing authorities or, if no
  agreement, by the LA where primary discharge
  point is located.
• 2 months prior, LA must submit inventory of
  elements ownership to EPA to decide what should
  comprise single application

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Application must contain details of e.g.
• - location of discharge points,
• content and extent of discharge,
• level of treatment,
• receiving water body,
• monitoring points,
• drinking water abstraction points,
• assessment of effects on environment,
• compliance with applicable monitoring and
  treatment standards,
• proposed works and timeframe
• EIS (if relevant when treatment plant built)

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Licence applications prior requirements for
  newspaper site notices providing public
  opportunity to make submissions to EPA, who must
  also consult specified bodies
• Licences certificates before deciding EPA may
  require LA to confirm that works necessary for
  compliance are prioritised for funding

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Timeframe for deciding applications
• gt I month lt 4 months generally
• Longer if additional data sought or extra time
  allowed for missing or additional data or LA
  consents to 2 month EPA extension request
• EPA may opt to refuse to consider or to decide on
  incomplete applications at any stage

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Licence Reviews
• By LA at any time
• By EPA after 3 yrs and at least every 6 yrs,
• at any time if
• - LA consents
• - change in discharge,
• - LA seems not to be compliant,
• new info becomes available
• new EU standards apply
• Certificate reviews at least every 8 yrs and by
  LA at any time at own instigation or on direction
  of EPA

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Offences
• Failure to comply with conditions of
  authorisation
• Failure to apply for authorisation or cause/allow
  unauthorised discharge
• Failure to respond to EPA licence review
• Providing false/misleading data, obstructing
  authorised person, etc.
• Penalties
• summary conviction fine up to 5,000
• conviction on indictment fine of up to 500,000

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Planning
• In dealing with planning applications, planning
  authorities Bord Pleanála must refuse
  permission/impose conditions to prevent the
  pollution of receiving waters if of opinion that
  the proposed discharge from the development, in
  conjunction with existing discharges, would cause
  pollution of receiving waters.
• EPA may be consulted re planning applications

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• LA may seek judicial review of EPA decisions on
  applications if initiated within 28 days
• EPA can apply to the High Court for injunctive
  relief where it believes LA non- compliant with
  an authorisation condition
• Authorised persons will have power to enter works
  take evidence re discharges

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WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS
2007

• Schedule 3 lists fees to accompany applications
  (based on agglomeration size)
• 30k 3k (initial) 22.5k 2k (review)
• EPA may seek to defray additional expenses not
  covered enforcement costs
• EPA must maintain a register of all licences
  certificates granted
• DEHLG to fund necessary capital expenditure
  required for compliance

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Water Services National Training Group

• 11th Annual Conference
• 6th September 2007