Environmental Law

1

W A T E R P O L L U T I O N A N D W A T E R Q U A L I T Y I E U L A W ; O V E R V I E W ; W A T E R I N D U S T R Y A C T 1 9 9 1 ; W A T E R S U P P L Y ( W A T E R Q U A L I T Y ) R E G U L A T I O N S 2 0 0 0 ; W A T E R R E S O U R C E S A C T 1 9 9 1

Water Pollution/Quality

2        Water as a Resource Problems Water Pollution Over Abstraction Water Efficiency Resource Management Whose responsibility?

Water Pollution/Quality

3 European Union Water Protection Law Old Directives: Obligation of result Edinburgh European Council 1992: Deregulation EU Water Policy COM (96) 59: Objectives:  secure supply of drinking water;    sufficient quality and quantity of water resources protect and sustain good ecological state and functioning of aquatic environment + meet needs of wetland and terrestrial eco systems and habitats Water management to prevent/reduce flood impacts and droughts

EU Water Protection Laws

4     Two approaches: Environmental quality objectives approach; Emission limit values approach Abandonment of precise provisions   Directive 2000/60 establishing a framework for Community action in the field of water policy Surface waters; groundwaters; coastal waters protection aims

EU Water Protection Laws

5      River Basin organisation/coordination Article 4 fixes environmental objectives for surface waters, groundwater and protected areas; Objective to reach ‘good’ ecological and ‘good’ water chemical status MS’s ‘not in breach of this Directive’ when certain new sustainable human development activities or new modifications of water body occur (4(7)).

Objectives to be achieved ‘at the latest’ by 2015, (may be prolonged until 2027 by MSs).

EU Water Protection Laws

6      Repealed: End 2007 Existing EU Surface waters Directive; End 2013 Existing EU shellfish, freshwater fish, and groundwater Directives.

Problems with MS transposition Full cost recovery pricing for water is required (2010)

EU Water Protection Laws

7      Directive 98/83 on the Quality of Water intended for Human Consumption Directive 2006/7 concerning the Quality of Bathing Water Directive 2006/118 Quality Standards for Groundwater Directive 91/676 Nitrates in Water Directive 91/271 Urban Waste Water Treatment

Water Pollution/Quality

8     How water pollution is defined and controlled Role of Environment Agency Water pollutants and water standards understanding Criminal offences for water pollution

Water Pollution/Quality

9      Drinking Water Quality Water Industries Act 1991 imposes a requirement in s67 that domestic water must be ‘wholesome’ Defined in Water Supply (Water Quality) Regulations 2000 – which implement revised EU 1998 Drinking Water Quality Directive Regulations require water quality information to be available to public Enforcement through enforcement orders issued by Secretary of State – require undertakings to be entered into for shortest possible time + no reasble alternatives

Water Pollution/Quality

10     Offence under s70 Water Industry Act 1991 to supply water that is ‘unfit for human consumption’ Prosecution may only be brought by Secretary of State/DPP (Delegated to Drinking Water Inspectorate under Water Act 2003 in practice)

R v Yorkshire Water Services Ltd (2001)

Offence = discolouration; no bacteriological contamination. Water ‘unfit’ if it would be likely to cause injury or if, due to its smell or appearance a ‘reasonable customer of firm character’ would refuse to drink it/reject its use in food preparation

Water Pollution/Quality

11   Water quality control system operated in accordance with discharge consent / now environmental permit = licence to pollute The Environment Agency exercises control, over discharges into ‘controlled waters’ as defined in s 104 WRA 1991

Water Pollution/Quality

12  R v Dovermoss (1995) CA ‘controlled waters’ ‘waters of any watercourse’  S104 WRA 1991 controlled waters: relevant territorial waters, coastal waters, inland waters, groundwaters  Includes a man-made ditch, if it drains into controlled waters Environment Agency v Brock (1998)

Water Pollution/Quality

13      Factors of relevance in determining whether to issue discharge consent and attached conditions Water Classifications Water quality objectives S 82 and s83 WRA 1991 policy goals for EA S84 WRA 1991 EA under legal duty to exercise functions including environmental permit grants to achieve and maintain water quality objectives.

Water Pollution/Water Quality

14   Applications for Environmental Permits to discharge into controlled waters must be made in accordance with the Environmental Permitting (England and Wales) Regulations 2010 The 2010 Regulations have now repealed and replaced sections 85-91 (offences and defences)of the Water Resources Act 1991 and Schedule 10 (conditions)