1 / 19

Water Protection and 500,000 Septic Tanks The New Regulatory Framework

Water Protection and 500,000 Septic Tanks The New Regulatory Framework. Rachel Minch, Barry Doyle and Company. Outline of Presentation. Background Water protection objectives ECJ judgments Challenges on the ground Legislation Registration Maintenance Inspection Enforcement

zulema
Télécharger la présentation

Water Protection and 500,000 Septic Tanks The New Regulatory Framework

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Water Protection and 500,000 Septic TanksThe New Regulatory Framework Rachel Minch, Barry Doyle and Company

  2. Outline of Presentation Background Water protection objectives ECJ judgments Challenges on the ground Legislation Registration Maintenance Inspection Enforcement Implementation

  3. Objectives Community legislation Water Framework Directive River basin districts Management plans Programme of measures Environmental objectives Irish challenges: diffuse sources Agriculture Individual waste water treatment systems

  4. ECJ: Commission v Ireland 2002: Drinking Water Directive 80/778/EEC Microbiological standards for drinking water 2004: Nitrates Directive 91/676/EEC Identification of waters affected by pollution Designation of vulnerable zones Establishment of action programmes 2007: Groundwater Directive 80/68/EEC insufficient causal link between septic tanks and microbiological contamination no evidence of systemic failure to implement

  5. 2009 Commission v Ireland: Waste FD Commission case: failure to comply with Article 4: no risk to human health and environment Article 8: holder to collector or operator or recovered/disposed of in accordance with Directive No management of waste waters from IWWTS Defence: Directive does not apply Not waste Covered by other national legislation Decision No satisfactory system of inspection (except Cavan)

  6. Compliance October 2009: Judgment November 2010: Commission formal notice May 2011: Commission refers matter back to ECJ requesting a lump sum fine of €2.7 million and a daily penalty payment of €26,173 February 2012: Water Services (Amendment) Act 2012 June 2012: Regulations S.I. 220 and 223 October 2012: Regulations S.I. 384

  7. Challenges On (and in) the Ground • Number: 497,281 connected dwellings • Effluent: 250,000,000 litres daily • Pollutants: pathogens, phosphates, nitrates • Risks: • Human health • Environment • Causes

  8. Photos from A Goggin, Limerick Co Co

  9. Dye test showing effluent in a watercourse from a septic tank. (photo by A. Goggin, Limerick Co. Co.)

  10. Regulatory Framework Registration Maintenance Inspections Key players Environmental Protection Agency Water service authorities (WSA) Inspectors Owners

  11. Registration and Register: S.70B WSA establishes public register Owners to register by 1 February 2013 All DWWTS unless S.4 WPA licence WSA issues certificate of registration Valid for 5 years Produce on request

  12. Maintenance: S.70, 70C, S.I. 223 General duty: no risk to environment or human health (Article 4) Comply with Regulations Domestic waste water discharges Maintenance De-sludged by contractor and retain evidence Agricultural use exception Take remedial measures

  13. Inspections: S.70E to G Inspectors appointed by EPA Inspections at direction of WSA (and EPA) Powers Enter and inspector premises as directed Monitoring, samples, photos, excavations Request information Advise owner and WSA of findings Due to commence in February 2013

  14. National Inspection Plan: S.70K EPA must make NIP by 30 December 2012 with regard to: risks to human health and the environment types and location of DWWTS qualitative and quantitative criteria, targets and indicators for inspections any incidental or ancillary matters or matters prescribed by Minister WSA implement NIP under supervision of EPA Inspectors have regard to NIP when carrying out inspections

  15. Enforcement (1): Advisory Notices WSA must issue an Advisory Notice where inspection identifies that the system: Contravenes Regulations (i.e. 70L) Contravenes Article 4. The Advisory Notice must: State the contravention and reasons for opinion Direct the owner to remedy the matters specified in the notice by a specified date Second inspection: amend, revoke, notify Notice Appeal to District Court Notice of Compliance

  16. Enforcement (2): Other Options Prosecution registration, maintenance, advisory notice, regulations prosecutor: WSA summary fine €5,000/carry out works Injunctive Relief WSA can apply to High Court for injunctive relief Failure to comply with requirement of Act and risk to human health or environment Directions Other legislation??

  17. Implementation • Finalisation of National Inspection Plan • Proportionate, objective risk-based approach (RBM) • Site selection criteria • Standards: compliance with regulations • Multi strategy approach: incentives, engagement • Discussion document • Working groups • Inspections start • Financing, grants • Will it be enough?

  18. Conclusion

More Related