Water Pollution. Water Framework Directive 2000Water Framework Directive entered into force 2003...

Water Pollution

Water Framework Directive• 2000Water Framework Directive entered into force • 2003• Transpose requirements to national legislation • Define River Basin Districts and Authorities

• 2004• Characterise river basins: pressures, impact and economic

analysis2005Identify significant trends in groundwater pollution

• 2006• Establish environmental monitoring programmes • Publish and consult on a work programme for the production of the

first River Basin Management Plans (RBMPs) • Establish environmental quality standards (EQSs) for surface

water

• 2007• Report monitoring programmes to the EC • Publish and consult on summary of significant water

management issues (SWMI) for each River Basin District

• 2008• Publish and consult on drafts of the RBMPs2009• Publish the first RBMP for each River Basin District • Establish programmes of measures

(PoMs) in each River Basin Districtin order to deliver environmentalobjectives 

• 2010• Report RBMPs, including PoMs to the EC • Introduce water pricing policies •  2012• Ensure all POMs are fully operational • Report progress in implementing the first RBMPs •  2013• Review progress of the first RBMP cycle2015Main environmental

objectives specified in the first RBMPs met?2015Review and update first RBMPs

• 2021• Main environmental objectives specified in the second RBMPs met? • Review and update second RBMPs • 2027• Main environmental objectives specified in the third RBMPs met? • Review and update third RBMPs

The criminal offences

• A person shall not cause or permit the entry of pollution matter to enter waters

• Cause• Permit• Entry• Polluting matter• Waters

EU water directives•  GENERAL FRAMEWORK

– Water protection and management (Water Framework Directive)– Pricing and long-term management of water– Flood management and evaluation– Water scarcity and droughts in the European Union

•  SPECIFIC USES OF WATER– Quality of drinking water– Bathing water– Bathing water quality– Urban waste water treatment– Water suitable for fish-breeding– Quality of shellfish waters

•  MARINE POLLUTION– Strategy for the marine environment– Maritime safety: compensation fund for oil pollution damage– Maritime safety: prevention of pollution from ships– Ship-source pollution and criminal penalties– Maritime safety: prohibition of organotin compounds on ships– Maritime safety: Bunkers Convention

DISCHARGES OF SUBSTANCES

– Integrated pollution prevention and control (IPPC Directive)– quality standards applicable to surface water– Protection of groundwater against pollution– Detergents– Elimination and minimisation of production, use and release of p

ersistent organic pollutants (POPs)– Pollution caused by nitrates from agricultural sources– Maximum concentrations of certain industrial Mercury discharge

s– Community strategy concerning mercury– Protection of the aquatic environment against discharges of dan

gerous substances (until 2013)– Other substances: protection of groundwater

Overall structure

• Civil and Criminal Offences• WQMPs/RBMPs• Environmental Standards• Special controls for drinking, salmonid,

shellfish, groundwaters• Nitrates and Phosphates directives

To find implementing regs

• Use BALII, Irish Regulations and input Directive 2000/60/EC and you will get all water regs after 2000.

How do we know it is polluting?

• Definition- injury to beneficial uses or fish or fish food

• Emission and quality standards in Irish and EU legislation and codes of practice

• Biological testing

What is “causing”? • Giving rise to a state of affairs without which the

polluting incident could not have occurred• Maguire – operating a pig farm• Shannon Fisheries v Cavan – operating a

sewage treatment plant• Fenton v Wicklow Co Co – operating a landfill • Doesn’t matter if operator morally innocent or if

vandals etc were the main cause• Operator doesn’t have to be the sole or main

cause.

What is permitting?

• Allowing something to happen• Turning a blind eye• Not taking reasonable care to ensure that

the entry does not happen

Prosecutions under Fisheries Act

• Are an alternative to prosecuting under s.3 of the Water Pollution Act and there is no defence of reasonable care.

Defences• Reasonable care - if Water Pollution Act

prosecution. No such defence under Fisheries Act.

• For agriculture sector: compliance with a code of practice

• Common law (Act of God/didn’t cause or permit)• Statutory defences• (i)compliance with licence (ii) compliance with

standards (iii) exception under Act• Difference for Fisheries (Consolidation) Act 1959

Licences required

• Section 4 - for discharging trade or sewage effluents to waters

• Section 16 - trade or sewage effluents to sewers• (to be replaced by Water Services Act)• Exemptions• S. 4 • (i) marine discharges• (ii) by regulations (septic tanks) • (iii) discharges to or from sewers• EPA licenses LA wwtps

Water Quality Management Plans

• WFD• Reasons for• Procedure for making• Importance of• Is the plan binding like a development

plan?• Plans on a water catchment basis for WFD

are now in force.

Agricultural Pollution

• Byelaws• Good Agricultural Practice Regulations • Phosphates Regulations

Enforcement

• Section 12 – Notices requiring action• Sections 10 – actions in any court • Section 11- actions in HC for potential

pollution• Section 13 –measures necessary to

prevent/clean up• Section 20 – civil liability • Anyone can enforce all of these except

12/13.

Civil Liability for water pollution

any person who has suffered injury ,loss or damage to person or property may recover damages from:

1. the occupier of the premises from which the pollution emanated unless it was caused by:

act of Godby the act or omission of a third party over whose conduct

the occupier had no control and which the occupier could not reasonably have foreseen and guarded against.

• 2. Any person whose act or omission constitutes in the opinion of the court, a contravention of any provision of the WPA

Personal responsibilities

• Directors and managers liable (even in local authorities!)