Implications of the Water Quality Regulations for Local Authorities

Louis Duffy, Director of Service Environmental Protection and Emergency Services Cork County Council 14 th April 2010 Water Quality Regulations Seminar

Background – The Speaker

 Not a lawyer

Background – The Speaker

 Not a lawyer  A Civil & Environmental Engineer

Background – The Speaker

 Not a lawyer  A Civil & Environmental Engineer  Local Authority Director of Services

What is a Local Authority

   Ireland was divided into administrative counties following the Norman invasion Originally administered by Grand Juries “The Local Government Act 2001 is the first comprehensive Act since the Local Government (Ireland) Act 1898 to set out in one Act the structure of Local Government in Ireland, to detail the powers functions and duties of Local Authorities…..” ( Keane on Local Government Second Edition)  Part 9 of the 2001 Act sets out the functions of a Local Authority

Functions of a Local Authority

     Provide a forum for the democratic representation of the local community, Provide civic leadership for that community, Carry out such functions as may at any material time stand conferred on the relevant authority by or under any enactment Carry out any ancillary functions under

section 65

, Take such action as it considers necessary or desirable to promote the community interest in accordance with

section 66

.

 Subject to law, a local authority is independent in the performance of its functions.

Functions of Local Authorities: Acts

                                   Air Pollution Act, 1987 Building Control Act, 1990 Control of Dogs Acts, 1986 and 1992 Derelict Sites Act, 1990 Dublin Docklands Development Authority Act, 1997 Dublin Transport Authority (Dissolution) Act, 1987 Electoral Acts, 1992 to 1999 Environmental Protection Agency Act, 1992 Fire Services Act, 1981 Housing Acts, 1966 to 1998 Housing (Private Rented Dwellings) Acts, 1982 and 1983 Litter Pollution Act, 1997 Local Authorities (Miscellaneous Provisions) Act, 1936 Local Authorities (Mutual Assurance) Acts, 1926 to 1935 Local Authorities (Officers and Employees) Acts, 1926 to 1983 Local Authorities (Traffic Wardens) Acts, 1975 and 1987 Local Authorities (Works) Act, 1949

Local Elections Acts, 1974 to 2001 Local Government Acts, 1925 to 2001

Local Government (Collection of Rates) Act, 1924 Local Government (Multi-Storey Buildings) Act, 1988 Local Government (Planning and Development) Acts, 1963 to 1999 Local Government (Rates) Act, 1970

Local Government (Sanitary Services) Acts, 1878 to 2001

Local Government (Superannuation) Act, 1980 Local Government (Water Pollution) Acts, 1977 and 1990

Planning and Development Acts, 2000 and 2001

Presidential Elections Act, 1993

Roads Acts, 1993 to 2001

Road Traffic Acts, 1961 to 1995 Seanad Electoral (Panel Members) Acts, 1947 and 1954 Town Renewal Act, 2000 Urban Renewal Act, 1986 Urban Renewal Act, 1998 Waste Management Act, 1996                               Abattoirs Act, 1988 Air-raid Precautions Acts, 1939 and 1946 Arterial Drainage Acts, 1945 and 1995 Arts Acts, 1951 and 1973 Canals Act, 1986 Casual Trading Act, 1995 Coast Protection Act, 1963 Control of Horses Act, 1996 Coroners Act, 1962 Dangerous Substances Acts, 1972 and 1979 Finance (Excise Duties) (Vehicles) Act, 1952 Food Safety Authority of Ireland Act, 1998 Foreshore Acts, 1933 to 1998 Gaming and Lotteries Act, 1956 Harbours Act, 1996 Harbours Acts, 1946 to 1976 Health Acts, 1947 to 2001 Health (Fluoridation of Water Supplies) Act, 1960 Industrial Development Act, 1986 Local Authorities (Higher Education Grants) Acts, 1968 to 1992 Malicious Injuries Acts, 1981 and 1986 National Monuments Acts, 1930 to 1994 Pounds (Provision and Maintenance) Act, 1935 Safety, Health and Welfare at Work Act, 1989 School Attendance Acts, 1926 to 1967 Social Welfare (Consolidation) Act, 1981 Udaras na Gaeltachta Acts, 1979 to 1999 Universities Act, 1997 Valuation Acts Vocational Education Acts, 1930 to 1999

Local Authorities have regard to

a) b) c) d) e) f) g) the resources, wherever originating, that are available

or likely to be available to it for the purpose of such performance and the need to secure the most beneficial, effective and efficient use of such resources,

the need to maintain adequately those services provided by it

between its functional programmes, which it considers to be essential and, in so far as practicable, to ensure that a reasonable balance is achieved, taking account of all relevant factors,

the need for co-operation with

, and the co-ordination of its activities with those of

other local authorities, public authorities and bodies

whose money is provided (directly or indirectly) either wholly or partly by a Minister of the Government the performance of whose functions affect or may affect the performance of those of the authority so as to ensure efficiency and economy in the performance of its functions,

the need for consultation

with other local authorities, public authorities and bodies referred to in

paragraph (c)

in appropriate cases,

policies and objectives of the Government

or any Minister of the Government in so far as they may affect or relate to its functions,

the need for a high standard of environmental and heritage protection

and

the need to promote sustainable development the need to promote social inclusion

Water Legislation - Statutebook Search



149

documents found for query (Water).  Acts: – Water Supplies Act, 1942 – Health (Fluoridation of Water Supplies) Act, 1960 – Local Government (Water Pollution) Acts, 1977 & 90 – Environment Protection Agency Act, 1992 – Water Services Act 2007

The new regulations

 Surface Water and Ground Water Regulations similar in presentation and content  General application compared to previous legislation where intended use was protected   Response to objectives in Directive 2000/60/EC Environmental Quality Standards   Water Status being the lesser of Ecological and Chemical through complex relationships Responsibility for water status lies with listed public authorities

Purpose and Scope – Surface Water

       Protection of surface waters Establishment of Environmental Quality Objectives for priority substances and others Progressive Reduction of Pollution by priority substances Establishing Environmental Quality Standards and measures to calculate ecological status Laying down rules for presentation and reporting of water monitoring results Measures to give further effect to the Dangerous Substances Directive Establishment and operation of programmes to achieve objectives

Part II Duties of Public Authorities

        Responsibility for Water Quality is now statutorily assigned to 23 listed public authorities and 34 local authorities.

All Public Bodies must not cause or allow deterioration in water status Each Public Authority must establish measures appropriate to its functions Requirement for all point and diffuse discharges to be authorized and comply with Epa guidance, ELV’s, BAT, UWWT Regs, GAP, Dangerous substance controls and Pollution Reduction Plans Programmes for examination of authorizations to be prepared by the Minister Programmes for inspection of farms to be prepared by the Minister Assessment and mapping of Water Status on a River Basin District level to be carried out by the agency, indicating cause of failures Additional powers to (All) Public Authorities under Section 27

Part III Environmental objectives

 Covers the requirement to protect and improve waters – the basis of RBD Plans  Deals with the issue of extending deadlines  Deals with the setting of less stringent objectives  Provides for temporary deterioration under force majeure or exceptional circumstances  Provides for new physical modifications

Part IV Calculation of Status

 Primarily a function of the Epa     Somewhat subjective, until all methods are agreed Requirement for the Agency to identify trends indicating future non compliance Further development required to close knowledge Gaps Provides for undetermined and interim status assignments  Provides for exemption from EQS in Mixing Zones

Part V Preparation of Inventories

        General duty of the Agency, in Consultation with co-ordinating local authorities to prepare inventories of priority substances Agency power to direct public authorities to collect and transmit data Agency to prepare guidance on data to be collected Agency to determine reference periods Agency to send summary of inventories Agency to arrange for monitoring of dangerous substances in sediment and/or biota Agency may direct a public authority to undertake monitoring Coordinating local authorities to prepare pollution reduction plans

Groundwater Regs Purpose and Scope

 Prevent or limit input of pollutants  Protect , enhance and restore; ensure balance between abstraction and recharge  Reverse upward trends in pollutant concentrations  Provide measures and criteria for status assessment and identification of trends  Provide for reporting

Part II Environment Objectives

        Duties on Public Authorities Prohibition on Direct Discharges Power of the Agency to issue advice or give directions Power of the agency to review codes of practice Requirement to review authorizations Power of the agency to prepare lists of exempted pollutants Extended Deadlines Less Stringent Objectives 

Alteration to Groundwater levels

Parts III, IV, V and VI

     Part III: Similar in thrust to Surface water, covering Offences, advice, support, directions and court applications Part IV, Duty on Agency to classify groundwater bodies Part V provides for quantitative assessment for groundwater related to recharge capacity Part VI provides for the Agency to assess and give direction on trends and trend reversal, setting starting points.

Agency to examine plumes from contaminated sites.

Part VII, Reports and RBD Plans

 EPA to produce a report on Groundwater setting out – assessment methods – threshold values – Methods for trend assessment – – Reasons for trend reversal starting points Results of Plume monitoring  Information to be contained in RBM Plans

Local Authorities

 Local Authorities can be: – Coordinating Authorities for RBD – – Service Providers    Delivering clean water and treating waste water Providing for urban drainage Conflicting demands Regulators  Planning Authorities providing for economic and social development of community  Regulators of third party activities that depend on water or impact on water  Local Authorities – Democratic entities linked to central government through the Department of the Environment – – Delivering additional services with considerably reduced staffing (37,000 staff reduced to 32,000) Regional coordination through regional authorities and now RBDs

Local Authorities – Role and resources

        Increase in Environmental Legislation _Kevin referred to 30 directives since 1970’s SW & GW regulations extend statutory powers to all listed public authorities – uncertainty as to who is responsible Coordinating authority function assigned by the 2003 regulations and reinforced by these regulations Considerable additional duties in a challenging environment where staffing has decreased very significantly General power of the Agency to issue directions although EPA Act states:

“The Agency shall not give a direction under paragraph (a) unless the local authority, with due regard to its other statutory functions, has the necessary funds to comply with the direction or those funds can reasonably be made available by it.”

The capacity of all listed public authorities to resource their new obligations The resources required to carry out reviews of all authorizations and other duties as may be assigned to Local Authorities.

The liability that the regulations place on Local Authorities both as service providers and regulators

Issues for Local Authorities – Water Status

       The extent of uncertainty in Status and the time taken to update water quality assessments Extent of unmonitored waters especially coastal The length of the monitoring cycle and the recovery time of waters Additional parameters of concern such as Virus Reclassification of water in protected areas – link between silt on bed of surface water and quality Groundwater levels as status Temporary non compliance through force majeure events – flooding and drought, increased variability of water quantity

Issues for Local Authorities – Discharges

         Authorization of point and diffuse discharges Need to comply with Epa guidance, ELV’s, BAT, UWWT Regs, GAP, Dangerous substance controls and Pollution Reduction Plans Resources for reviews The science of mixing zones How to deal with tighter standards where there is inadequate assimilative capacity How to assign assimilative capacity for conflicting demands How to deal with discharges to waters where the status is less than good upstream The conflict between Economic Development demands, legacy infrastructural deficits, the polluter pays principle, Water Services Investment Programmes and user charges (Did this add up to bad decisions in the past??) Force Majeure

Issues for LAs – Monitoring and inspection

      The Information Gaps that remain in methods, guidance and programmes The capacity of all listed public authorities to resource their new obligations The need for clear understanding and delineation of responsibilities among public authorities The link between resources in public authorities and their sponsoring government departments The requirement to revisit legacy issues such as septic tanks The setting down of programmes (Discharges and farms) by the minister. Will resources be provided?

Conclusion

   Local Authorities are working in challenging circumstances to deliver on all of their statutory obligations.

These Regulations introduce demands and constraints that must be assessed and resourced effectively through all public authorities.

Their implementation requires extensive and careful coordination to achieve the required results without overlap of the functions of all relevant public authorities.