Transcript Dangerous Substance Usage (Bottom Up Study)

River Basin Management Planning
Guidance – A practical guide for local
authorities
SERBD – River Basin Management Group
October 2007
WFD Timetable (SI 722, 2003)
RBMP - A Practical Guide for Public Authorities
Under Article 4(3) of the Water Policy Regulations, 2003 the Minister for the
Environment, Heritage and Local Government may issue guidance and general
policy directions in relation to the implementation of the Regulations
Who is the guidance directed at?
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The guidance is particularly directed at local authorities, EPA and other public
authorities with the aim of providing practical steps to be taken to work towards
effective delivery of the objectives in a co-ordinated way within individual river basin
districts.
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In particular the steps needed to be taken by local authorities, EPA and other public
authorities to align the objectives of regional guidance, county development plans
(and their constituent Local Area Plans), Water Services Strategic Plans, other
pollution reduction and/or control programmes (e.g. forestry programmes, farm
inspections, review of IPPC licenses etc) with the stated objectives of river basin
management plans are outlined.
RBMP - A Practical Guide for Public Authorities
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The Purpose of River Basin Planning
The River Basin Planning Process - in Summary
Classifying the status of waters – the Starting Point
Establishing the Environmental Objectives for Waters – the improvements to be
achieved
Determining the cause of failed objectives – risk assessments
Implementing existing legislation and introducing new basic measures – getting the
basics right
Integrating Plans and Programmes – the need to coordinate related policy areas
Implementing Additional Supplementary Measures – where basic measures don’t go
far enough
Circumstances where exemptions may be necessary
Carrying out a Strategic Environmental Assessment (SEA) on Plans and
Programmes – assessing their broader environmental effects
The contents of the River Basin Management Plan – Details to be included
Miscellaneous issue
RBMP - Timelines
Draft plans by December 2008 (Amend regulations SI 722, 2003)
• Next draft of guidance by October 2007
• Final guidance by December 2007
• First draft template of (I)RBMP by December 2007
– IRBDs (“Roof Plan” / IRBD Coordination Strategy document)
– Summary (I)RBMP built around EU 2010 reporting sheets
– Detailed database at water body level for each RBD (Role of EMS)
• Final template of (I)RBMP by March 2008
• Populate template by June 2008
• Completed and verified template by August 2008 – present to public
authorities, RBDACs, etc.
• Publish draft RBMPs by December 2008
RBMP - Timelines
Provisional status classification, objective setting & PoMs design
• EPA provisionally classifies status for all groundwater and surface waters March 2008
• Local authorities define the Default objectives - April 2008
• Design the “Perfect” POMs to fully meet default objectives - May 2008
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using existing and new Plans and Programmes (e.g. NAP, WSIP, etc.)
Assume no restrictions on resources
Estimate resources needed by public authorities to fully implement
Assign restoration priorities for shortlisting later on when considering need for
exemptions
– Are there any expected shortfalls in meeting default objectives due to lack of appropriate
plans/programmes? Candidates for supplementary measures
• Define alternative Objectives – June 2008
– “Weed out” WBs where default objectives are technically infeasible
– Use prioritised list of water bodies needing restoration to shortlist under
plans/programmes
RBMP - A Practical Guide for Public Authorities
Local authority roles
• producing the River Basin Plan,
• securing the implementation of measures such as the provision of adequate
wastewater infrastructure,
• checking compliance with the Nitrates Action Programme,
• reviewing and revising discharge licences under the Water Pollution Act
(1977) to take account of the EQS contained within the surface water
classification regulations (SI XX, 2007),
• realigning planning policy in line with water policy within the provisions of
the Planning and Development Act (2000).
RBMP - A Practical Guide for Public Authorities
Environmental Protection Agency roles
• coordination to ensure RBMPs and POMS are consistent with the WFD and
across RBDs,
• formal reporting on river basin management planning to the Commission,
• review and revise discharge licences under IPPC regulations,
• authorising urban wastewater discharge licences to water services
authorities.
(Both IPPC and urban wastewater discharge licences will have to take
account of the EQS contained within the surface water classification
regulations (SI XX, 2007)).
River Basin Management Process
Prevent deterioration
Maintain high status
Monitor water bodies
Protected area objectives
Most stringent applies !
Classify their “status”
This is a complex process !
What objectives apply ?
Which pressures ?
Default Objectives
Restoration to at least good
status by 2015
Set Objectives
What are key risk factors ?
What are technical options ?
What are the most cost
effective measures ?
What is a realistic
timeframe for
implementation ?
Source: Dr C Byrne DEHLG
Programmes of Measures
Implement
Review performance
Classifying the Status of Waters
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The status of all surface waters will be provisionally classified by the EPA
according to the surface water classification regulation (SI XXXI, 2007) by
March 2008 using initial monitoring results to be published in the draft RBMP.
Updated classification will be reported in the RBMP in June 2009.
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The status of groundwater bodies will be classified by the EPA in accordance
with groundwater classification regulations to be made in 2008, based on
conductivity and concentration of pollutants for determining ‘chemical status’;
and groundwater level regime for determining ‘quantitative status’.
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Uncertainty in the groundwater and surface water classification process will
arise, firstly because many of the classification tools are new and may require
further refinement, and secondly because the volume and precision of
monitoring data will be lacking, particularly in the first River Basin Planning
cycle. Consequently, a weight of evidence approach will be used, based on
available monitoring data complemented by risk assessment.
Action: Collate local authority physico-chemical data and perform trial
application for draft environmental quality standards
Environmental Objectives
The default objectives for surface waterbodies are:
• prevent deterioration,
• maintain high and good status where they exist,
• achieve the objectives of protected areas where they are more stringent and
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restore waters, where necessary, to at least good status by 2015.
The default objectives for groundwater waterbodies are:
• achieve good quantitative and chemical status
• no negative trend over time.
Environmental Objectives for protected areas
Example of Freshwater Pearl Mussel (FPM)
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Recent discussion with the EU Commission regarding ecological quality
targets for the protection and conservation of FPM at designated sites in Irish
rivers.
The approach includes a technical mechanism for classifying FPM SAC rivers
as less than good status, where the population is not adequately recruiting.
(Combine EPA biological assessments with NPWS surveys).
The assignment of less than good status in this manner imposes clear legal
obligation on Ireland to report these rivers as failing to meet the objectives of
the Directive.
This imposes an obligation to implement the necessary corrective measures to
restore the rivers to at least 'good status'; in the case of FPM rivers this also
involves restoring favourable conservation status for the FPM populations
The recovery of these rivers following implementation of the programmes of
measures will be measured against a variety of biological and physical targets.
In addition to basic measures catchment specific programmes of measures will
be established within the FPM SAC sub-basin management plans, under the
umbrella of the relevant river basin management plan.
Determining the cause of failed objectives – risk
assessments
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Classification only tells us what quality elements have been failed. Risk
assessment is critical to identifying the cause and the potential solutions.
Action: Collate updated risk assessments from POMS study outputs for 8
national SWMI and local topics
Implementing basic measures – getting the basics right
Provision for strategic plans and programmes are already in place to give effect to the
11 WFD directives (eg Water Services Investment Programme, Nitrates Action
Programme):
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The Bathing Water Directive (76/160/EEC);
The Birds Directive (79/409/EEC) ;
The Drinking Water Directive (80/778/EEC) as amended by Directive (98/83/EC);
The Major Accidents (Seveso) Directive (96/82/EC);
The Environmental Impact Assessment Directive (85/337/EEC);
The Sewage Sludge Directive (86/278/EEC);
The Urban Waste-water Treatment Directive (91/271/EEC);
The Plant Protection Products Directive (91/414/EEC);
The Nitrates Directive (91/676/EEC);
The Habitats Directive (92/43/EEC) ;
The Integrated Pollution Prevention Control Directive (96/61/EC).
Implementing basic measures – getting the basics right
These plans are to be reviewed/realigned to ensure default objectives are delivered
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Section 4 & 16 discharge licences (Water Pollution Act, Local authorities) – to reflect
Surface Water Classification Regulations, 2007
IPPC licensing (EPA) – to reflect Surface Water Classification Regulations, 2007
Forestry Regulations (Forest service) and Forestry Action Plans
County Development Plans – modified to address issue of one-off housing and septic
tanks. The planning code will be critical to safeguarding protecting areas and
preventing deterioration. Potential use of safeguard zones for DWPAs
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The WFD prescribes a number of additional new regulations such as controls on
dangerous substances, abstractions and physical modifications, which will contribute
further towards full achievement of objectives.
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Provision is also made for additional voluntary supplementary measures (e.g.
fiscal instrument, rehabilitation projects)
Such measures will be limited and will likely be focused on sensitive/protected areas
(where confidence is high that additional measures will deliver objectives)
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Implementing basic measures – getting the basics right
Focussed
supplementary
measures
where basic
measures not
enough
Other
prescribed
basic measures
e.g. New
controls on
dangerous
substance
discharges,
abstractions
and physical
modifications
Action:
Basic measures –
Confirm various authority
roles under 11 directives,
Collate information on
existing plans
DEHLG to advise on new
legislation
Supplementary measures SWMI consultations
POMS study outputs
Source: Dr C Byrne DEHLG
Implementing basic measures – getting the basics right
Paramount - Protected areas and protection of
good/high status waters must be addressed.
Thereafter, critical factors should be taken into
account in prioritising waterbodies for restoration
under the various programmes and plans;
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The current status of water body (Distance to
target)
Critical risk factors (e.g. current scale of
pressure, performance of wastewater treatment
facilities, pollution pathway factors such as
surface water run-off risk, groundwater
vulnerability)
The predicted trend in pressures causing failure
by 2015
The technical challenge of implementing the
necessary work on the ground in time for 2015.
Costs ?
Review application of POMS studies to set priorities in SERBD
Integrating Plans and Programmes
– the need to coordinate related policy areas
Integration is critical - The objectives can only be achieved if plans and programmes in
other relevant policy areas are coordinated and integrated. This includes;
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River Basin Management Plans
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Habitat Protection Plans
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Nitrates Action Plan
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Water Services Strategic Plans
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Regional Planning guidance, County Development Plans and related Local Area
Plans
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Flood plans
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Forestry Action Plan
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Groundwater Protection Plans
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Etc……
The timing and objectives of plans and programmes are being assessed with a view to
coordinating
Supplementary Measures
– where basic measures don’t go far enough
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Under development – programmes for protected areas
Circumstances where exemptions may be necessary
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There may be certain circumstances where it is technically infeasible,
disproportionately expensive to achieve the default objectives by 2015.
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The WFD allows for such technical, socio-economic and natural factors to be
considered when setting objectives by way of specified exemptions in certain
prescribed circumstances ( considered on a case-by-case basis).
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Three plan cycles – derogations, LSOs
Temporary deterioration
New sustainable developments
Carrying out a Strategic Environmental
Assessment (SEA) on Plans and Programmes
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Assessing the RBMP’s broader environmental effects - SEA to be carried out in
parallel with drafting of RBMPs
The contents of the River Basin Management Plan
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Under development – see also reporting sheet requirements
Miscellaneous issue
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Public participation – initiatives to implement a national ”Water Awareness”
campaign
Longer term RBD management structures
Data management and reporting
Use of EDEN
Use of EMS for classification, risk assessment results, objective, prioritisation, etc.
Investigative monitoring tools
CIS 2010 Reporting Sheets
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RBMP CIS reporting sheets (final draft) – May 2007
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Agreed in principle by Water Directors – Dresden June 2007
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RBMP 1 - Summary description of river basin management plan
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POM 1 - Summary of steps and measures taken to meet the requirements of Article 11
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SWM 3 - Results of surface water monitoring programmes (status of surface water bodies)
SWO 1 - System for classification for surface waters
SWO 2 - Use of exemptions in surface waters
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GWM 2 - Results of groundwater monitoring programmes (status of groundwater bodies)
GWO 1 - Classification systems established for groundwaters
GWO 2 - Use of exemptions in groundwaters
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Reporting sheets define general reporting content
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Detailed description and specifications will be part of technical implementation
(shemas – due mid-2008)
Comments on Guidance and Reporting Sheets
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The timetable for plan preparation should be adjusted.
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Linking existing plans and programmes to WFD plans - new fora may have to be
developed to progress integration issues.
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Clarification of the roles of various government parties in the implementation of the
11 listed EU directives under the WFD umbrella.
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The outputs of the POMS studies need to feed into the prioritisation process ASAP.
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Need structures for debating the rules for prioritisation / objective setting &
programme of measures design using the “weight of evidence approach” between
status and risk.
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Economics and objective setting need to be progressed – economic data is needed
and the roles and responsibility for justifying exemptions are not clear.
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A vision of the actual plan is needed - the Commission requires the submission of
the actual plan as well as the 2010 Reporting sheets summary data.
Comments on Guidance and Reporting Sheets
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The trialling of classification schemes and presentation of monitoring status results
should be progressed to tease out issues and clarify level of reporting detail.
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The SEA process needs to be progressed.
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The National Public Participation Strategy needs to be progressed.
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The RBDAC role in the development of the programme of measures needs clarified.
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There are some other open issues for Ireland – climate change, alien species,
aquaculture – how will these issues be addressed in the RBMP.
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It might be useful to review the pilot implementation of the reporting sheets from
Germany and England if they are available.
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The technical reporting mechanisms through WISE / the State of Environment /
EMS need to be clarified.
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The inter linkages and co-ordination of the plan / plans in the international basins
needs to be clarified.
RBMP – Interim Actions
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MIR - New national licensing system for WWTS & licence reviews
LAs will be required to obtain licenses for treatment plants, secure WSIP resources for
upgrades and undertake review of all Section 4 and 16 industry discharge licenses and
undertake enforcement regarding the industrial licences
Other Points - Controls adequate. Compliance + enforcement critical
LAs will be required to complete registration and risk assessment of these facilities,
where necessary secure resources for remedial measures and to undertake
enforcement activities
Agriculture - NAP adequate. But review in 2009. Sensitive areas
LAs will be required to undertake SSRS investigations in at risk/impacted catchments to
assess NAP compliance, with follow-up farm surveys and where necessary to
undertake pollution enforcement activities
Septic Tanks - Guidance. Identify high risk areas + modify development plans
LAs will be required to align land use policy, secure resources for sewering priority
areas and where necessary to undertake pollution enforcement activities
Forestry - Guidance. Prohibit afforestation in high risk areas
LAs will be required to align land use policy and where necessary to undertake pollution
enforcement activities
RBMP – Interim Actions
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Dangerous Substance - New water quality standards + inclusion in discharge
licences
As MIR - LAs will be required to undertake review of all Section 4 and 16 industry
discharge licenses and undertake enforcement regarding the industrial licences – further
LA activities are likely to become licensed in future for example CSO’s weed spraying etc
Morphology - New national registration & licensing system + guidance
Likely lead role to EPA however LAs may be required to include morphology
considerations in the planning approvals processes and in priority areas secure resources
for restoration measures, LAs may be required to apply for morphology licenses for their
own schemes
Abstractions - New national registration & licensing system + guidance
Likely lead role to EPA however LAs may be required to apply for abstraction licenses
Protected areas – Enforcement of Plans and where necessary land use control
LAs will be required to align land use policy and where necessary to assess development
applications in designated catchments
Additional activities
Educational awareness programmes – in support of all significant issues
Response to the local issues eg alien species as identified in the SWMI.