Water Services National Training Group

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

2. Urban Waste Water Discharges – Licensing Regulations Sheila McMahon Assistant Principal D/Environment, Heritage & Local Government

3. 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

4. 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

5. 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

6. 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

7. 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

8. Specified Dates • For sewerage works serving agglomerations > 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 > 10,000 PE, 22/9/08 > 2,000 PE, 28/2/09 > 1,000 PE and 22/6/09 > 500 PE • If agglomeration < 500 PE, LA’s 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

9. 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.

10. 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

11. 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;

12. 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“

13. 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.

14. 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

15. 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)

16. 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

17. WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS 2007 Timeframe for deciding applications: > I month < 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

18. 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 reviewsat least every 8 yrs and by LA at any time at own instigation or on direction of EPA

19. 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

20. 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

21. 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

22. 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

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