Water Seminar – 14 April 2010, Athlone

1. Water Seminar – 14 April 2010, Athlone European Communities environmental objectives (Groundwater) Regulations 2010 S.I. 9. of 2010 Colin Byrne Water Inspector Department of the Environment Heritage and Local Government

2. Why new Groundwater Regulations ? • Framework for an Integrated European Water Policy • Water Framework Directive (2000/60/EC) • + “Daughter” Groundwater Directive (2006/118/EC) • 1990’s – EU recognised need for further action to protect all freshwater resources • Old Groundwater Directive (80/68/EEC) • limited in scope • focussed on the control of emissions of substances from industrial and urban sources

3. Integrated water protection policy • For the first time - • Groundwater and surface water management integrated • Groundwater is to be protected for; • its environmental value • as a valuable resource with multiple uses • Groundwaters must be: • characterised • monitored • classified • have objectives established • protected and, where necessary, improved

4. Preparation of the new Groundwater Regulations • Public consultation (July-August 2009) • 17 submissions • Generally positive • Introduction of dates for delivery, issues beyond scope, some errors • Key issue – concept and application of Threshold Values • Groundwater Regulations signed by Minister in January 2010

5. The new Groundwater Regulations (SI 9 of 2010) • The purpose of the regulations is to; • establish a new strengthened regime for the protection of groundwater, by: • 1. Establishing clear environmental objectives to be achieved within specified timeframes, and • 2. Introducing the legal basis for a more flexible, proportionate and risk-based approach to implementing the legal obligation to prevent or limit inputs of pollutants into groundwater. • Technically complex

6. Content of Groundwater Regulations • Environmental objectives for groundwater • General duties on public authorities and other persons • Duty on the EPA to classify groundwater bodies • The assessment of groundwater quantitative status and chemical status • The identification of upward trends in pollution and the definition of starting points for trend reversal • Report to be prepared by the EPA and information to be contained in river basin management plans • Miscellaneous provisions

7. Take account of water uses Drinking water Surface waters Natura 2000 - Wetlands Environmental objectives for groundwater

8. Classification of groundwater quantitative status

9. Impacts on groundwater body Impacts on dependent receptors Classification of groundwater chemical status

10. How is groundwater chemical status assessed ? • Standards – Nitrate and Pesticides (EU wide) • Threshold Values (TVs) – established for Ireland • Pollutants causing risk • (18 inorganics and metals, 14 pesticides, 7 organics) • TVs are trigger values that prompt further investigation • Exceedance of TVs alone do not cause water bodies to fail • TVs take account of receptors • Drinking waters, surface waters, Natura 2000 wetlands • TVs subject to review and change (EPA role to recommend to Minister)

11. Test 1. No Saline Intrusions • Key concept: Trends in Electrical Conductivity (EC) or Chloride. • Note: Intrusion must be caused by abstraction • Threshold Values: Set at the upper limit of the natural background range (EC – 800 µS/cm, Chloride – 24 mg/l) • The conditions for good chemical status are not met when: • TVs are exceeded and • there is either a significant and sustained rising trend at relevant monitoring points or abstractions rendered unsuitable for use

12. Test 2. No significant impact on surface water objectives • Key concept: Assessing whether the chemical inputs from groundwater are significantly contributing to failing SW bodies • Threshold Values: Surface water quality standards (SI 272 of 2009) • The conditions for good chemical status are not met when: • SW Body “less than good” status, and • TVs exceeded in GW, and • GW contribution to SW ≥ 50% surface water EQS

13. Test 3. No significant impact on Natura 2000 wetlands • Key concept: Is the concentration of pollutants in a groundwater body causing significant damage to a terrestrial ecosystem that is directly dependent on the groundwater body? • Threshold Values: No TVs developed to date. • The conditions for good chemical status are not met when: • There is evidence of significant damage to a Natura 2000 wetland caused by pollution and • the pollutants responsible for that damage are judged to have reached the wetland via groundwater.

14. Test 4. Quality of untreated groundwater sources of drinking water • Key concept: Assessed at the point of abstraction. Is there a deterioration in GW Quality that could lead to a need for increased purification/treatment ? • Threshold Values: 75 % of DW Standards. • Example: Nitrate TV = 37.5mg/l (Note: The TV is a mean concentration) • The conditions for good chemical status are not met when: • A threshold value is exceeded and • there is a significant and sustained rising trend in one or more key parameters at the point of abstraction

15. Test 4. Quality of untreated groundwater sources of drinking water • Example: Nitrate in groundwater (TV = 37.5 mg/l NO3, mean) Trend over time Variation within one year Annual mean = 48 mg/l NO3

16. Test 5. Ability of water body to support human uses • Key concept: Assessment of wide scale problems • Assess the magnitude and areal extent of problem • Only for nitrates, pesticides & other pollutants related to risk • Threshold Values: % of the EU prescribed standards for nitrates and pesticides or a use-related standard that is appropriate for existing or planned use of the GW body • The conditions for good chemical status are not met when: • The aggregated average concentration of a representative group of Monitoring Points exceeds a TV, and • Evidence confirms that there is a significant impairment to the ability of the groundwater to support human uses

17. Identify and reverse increasing pollution trends • EPA to identify significant and sustained upward trends in pollutant concentrations and define starting point for reversing • EPA may issue a direction to a public authority on measures to be taken to reverse upward trends

18. Prevent and limit pollutant inputs • All point source discharges and diffuse sources liable to cause pollution must be controlled by prior authorisation, in order to; • Prevent inputs of Hazardous substances • Limit inputs of other pollutants so as to avoid pollution impacts • All direct discharges (i.e. without percolation) are prohibited. Some limited exceptions where subject to prior authorisation and conditions

19. Prevent and limit pollutant inputs • Some pollutant inputs may be exempted from prevent and limit requirement and need for control under a prior authorisation; • Insignificant quantities • Inputs where it is technically not possible to prevent/limit without; • causing increased risks to human health or the environment, or • in the case of contaminated land, it would be disproportionately costly • Accidents and natural events that could not be foreseen • EPA to establish rules under which these categories may be exempted • EPA to keep an inventory of exemptions

20. Prevention and control of groundwater pollution • Existing authorised inputs to be reviewed by December 2012 • Water Pollution Acts • Environmental Protection Agency Acts • Waste Management Act • Waste Water Authorisation Regulations 2007 • EPA may issue advice and/or give directions to a public authority or authorities concerned on the measures to be taken • EPA may review and update existing systems of pollution control; direct a public authority to do so; identify other areas/activities requiring new system of pollution control and prepare where necessary • Revised pollution prevention and control regime by Dec. 2013

21. Conclusions • Regulations technically complex • Assessment of groundwater status more complex than in the past but more relevant and accurate • Obligations on public authorities to comply with regulations • EPA central to; • classifying groundwater • identifying risks to groundwater • reviewing existing groundwater pollution prevention and control regimes, identifying necessary changes and bringing about changes

22. Thank you