R iver B asin M anagement P lanning Guidance – A practical guide for local authorities

1. River Basin Management Planning Guidance– A practical guide for local authorities SERBD – River Basin Management Group October 2007

2. WFD Timetable (SI 722, 2003)

3. 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? • 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. • 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.

4. RBMP - A Practical Guide for Public Authorities • 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

5. 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

6. 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 • 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

7. 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).

8. 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)).

9. Monitor water bodies Classify their “status” This is a complex process ! What objectives apply ? Which pressures ? What are key risk factors ? What are technical options ? What are the most cost effective measures ? What is a realistic timeframe for implementation ? Default Objectives Set Objectives Programmes of Measures Implement Review performance River Basin Management Process Prevent deterioration Maintain high status Protected area objectives Most stringent applies ! Restoration to at least good status by 2015 Source: Dr C Byrne DEHLG

10. Classifying the Status of Waters • 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. • 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’. • 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

11. 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 • 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.

12. Environmental Objectives for protected areas Example of Freshwater Pearl Mussel (FPM) • 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.

13. Determining the cause of failed objectives – risk assessments • 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

14. 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): • 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).

15. Implementing basic measures – getting the basics right These plans are to be reviewed/realigned to ensure default objectives are delivered • 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 • 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. • 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)

16. Focussed supplementary measures where basic measures not enough Other prescribed basic measures e.g. New controls on dangerous substance discharges, abstractions and physical modifications Implementing basic measures – getting the basics right 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

17. 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; • 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

18. 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; • River Basin Management Plans • Habitat Protection Plans • Nitrates Action Plan • Water Services Strategic Plans • Regional Planning guidance, County Development Plans and related Local Area Plans • Flood plans • Forestry Action Plan • Groundwater Protection Plans • Etc…… The timing and objectives of plans and programmes are being assessed with a view to coordinating

19. Supplementary Measures – where basic measures don’t go far enough • Under development – programmes for protected areas Circumstances where exemptions may be necessary • There may be certain circumstances where it is technically infeasible, disproportionately expensive to achieve the default objectives by 2015. • 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). • Three plan cycles – derogations, LSOs • Temporary deterioration • New sustainable developments

20. Carrying out a Strategic Environmental Assessment (SEA) on Plans and Programmes • 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 • Under development – see also reporting sheet requirements Miscellaneous issue • 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

21. CIS 2010 Reporting Sheets • RBMP CIS reporting sheets (final draft) – May 2007 • Agreed in principle by Water Directors – Dresden June 2007 • RBMP 1 - Summary description of river basin management plan • POM 1 - Summary of steps and measures taken to meet the requirements of Article 11 • 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 • 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 • Reporting sheets define general reporting content • Detailed description and specifications will be part of technical implementation (shemas – due mid-2008)

22. Comments on Guidance and Reporting Sheets • The timetable for plan preparation should be adjusted. • Linking existing plans and programmes to WFD plans - new fora may have to be developed to progress integration issues. • Clarification of the roles of various government parties in the implementation of the 11 listed EU directives under the WFD umbrella. • The outputs of the POMS studies need to feed into the prioritisation process ASAP. • Need structures for debating the rules for prioritisation / objective setting & programme of measures design using the “weight of evidence approach” between status and risk. • Economics and objective setting need to be progressed – economic data is needed and the roles and responsibility for justifying exemptions are not clear. • 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. • The terminology for programmes of measures needs to be firmed up.

23. Comments on Guidance and Reporting Sheets • The trialling of classification schemes and presentation of monitoring status results should be progressed to tease out issues and clarify level of reporting detail. • The SEA process needs to be progressed. • The National Public Participation Strategy needs to be progressed. • The RBDAC role in the development of the programme of measures needs clarified. • There are some other open issues for Ireland – climate change, alien species, aquaculture – how will these issues be addressed in the RBMP. • It might be useful to review the pilot implementation of the reporting sheets from Germany and England if they are available. • The technical reporting mechanisms through WISE / the State of Environment / EMS need to be clarified. • The inter linkages and co-ordination of the plan / plans in the international basins needs to be clarified.

24. RBMP – Interim Actions • 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

25. RBMP – Interim Actions • 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.