The Water Framework Directive (2000/60/EC) and the Directive on the protection of groundwater against pollution and deterioration
(2006/118/EC)
[DRAFT]
Proposal for Regulations establishing Environmental Objectives, Groundwater Quality Standards and Threshold Values for the classification of groundwater and the protection of groundwater against pollution and deterioration
The Draft European Communities
Environmental Objectives (Groundwater) Regulations
Consultation Paper
July 2009
5
Table of Contents
1. Purpose of consultation 4
Freedom of Information 4
2. Introduction and background 5
3. The groundwater resource in Ireland 6
4. Scope of proposed Regulations 8
5. Assessment of groundwater status 8
Groundwater quantitative status 9
Groundwater chemical status 12
6. Identification of significant and sustained upward pollution trends and their reversal 17
7. Measures to prevent or limit pollutant inputs to groundwater bodies 17
8. Outline of the proposed Regulations 22
Part I – General 22
Part II - Environmental Objectives For Groundwater And Duty On Public Authorities 22
Part III - General duties on public authorities and other persons under these Regulations 23
Part IV - Duty on the Environmental Protection Agency to classify groundwater bodies and to make recommendations and give directions regarding measures to be taken to achieve objectives 24
Part V - The assessment of groundwater quantitative status and chemical status 25
Part VI - The identification of significant and sustained upward trends in pollution and the definition of starting points for trend reversal 25
Part VII - Prevention and control of pollution of groundwater 26
Part VIII - Report to be prepared by the Environmental Protection Agency and information to be provided in River Basin Management Plans 28
Part IX – Miscellaneous provisions 29
9. Regulatory Impact Analysis 30
Appendix A – Proposed European Communities Environmental Objectives (Groundwater) Regulations 32
DRAFT EUROPEAN COMMUNITIES ENVIRONMENTAL OBJECTIVES (GROUNDWATER) REGULATIONS 33
PART I 33
GENERAL 33
Citation and commencement 34
Purpose and scope of the Regulations 34
Interpretation 36
PART II 41
ENVIRONMENTAL OBJECTIVES FOR GROUNDWATER 41
Environmental objectives and duty on public authorities 41
Extended deadlines 42
Less stringent environmental objectives 42
Temporary deterioration in groundwater status 43
New alterations to groundwater levels 44
Application of exemption provisions 44
PART III 45
GENERAL DUTIES ON PUBLIC AUTHORITIES AND OTHER PERSONS UNDER THESE REGULATIONS 45
Prosecution of offences and performance of statutory functions by public authorities 45
Performance of functions and duties under these Regulations 46
Application to the courts 47
Powers, duties and functions assigned to public authorities 47
PART IV 48
DUTY ON THE ENVIRONMENTAL PROTECTION AGENCY TO CLASSIFY GROUNDWATER BODIES AND TO MAKE RECOMMENDATIONS AND GIVE DIRECTIONS REGARDING MEASURES TO BE TAKEN TO ACHIEVE OBJECTIVES 48
PART V 50
THE ASSESSMENT OF GROUNDWATER QUANTITATIVE STATUS AND CHEMICAL STATUS 50
The assessment of groundwater quantitative status 50
The assessment of chemical status 52
Interim classification of groundwater bodies for the first river basin planning cycle 54
Duty on the Environmental Protection Agency to keep threshold values for the assessment of groundwater chemical status updated 54
PART VI 56
THE IDENTIFICATION OF SIGNIFICANT AND SUSTAINED UPWARD TRENDS IN POLLUTION AND THE DEFINITION OF STARTING POINTS FOR TREND REVERSAL 56
Identification of significant and sustained upward trends and the definition of starting points for trend reversals 56
PART VII 58
PREVENTION AND CONTROL OF POLLUTION OF GROUNDWATER 58
Direct discharges of pollutants into groundwater 58
Measures to prevent or limit inputs of pollutants into groundwater 59
PART VIII 63
REPORT TO BE PREPARED BY THE ENVIRONMENTAL PROTECTION AGENCY AND INFORMATION TO BE PROVIDED IN RIVER BASIN MANAGEMENT PLANS 63
Report to be prepared by the Environmental Protection Agency 63
Information to be provided in river basin management plans 64
PART IX 65
MISCELLANEOUS PROVISIONS 65
Transitional provisions 65
Revocation 65
APPENDIX 1 66
SCHEDULE 1 66
Relevant public authorities 66
SCHEDULE 2 67
Test procedures to confirm whether or not the conditions for Good Groundwater Quantitative Status are met 67
SCHEDULE 3 69
Groundwater Quality Standards 69
SCHEDULE 4 70
Groundwater Threshold Values 70
SCHEDULE 5 72
Rules for establishing threshold values for groundwater pollutants and indicators of pollution 72
SCHEDULE 6 75
Test procedures to confirm whether or not the conditions for Good Groundwater Chemical Status are met 75
SCHEDULE 7 77
Identification and reversal of significant and sustained upward trends 77
SCHEDULE 8 80
Indicative list of the main pollutants 80
1. Purpose of consultation
The purpose of this consultation paper is to describe proposals to establish a new strengthened regime for the protection of groundwater in line with the requirements of the Water Framework Directive (2000/60/EC) and it’s daughter Groundwater Directive (2006/118/EC) through regulations and to invite views from interested stakeholders. The Minister will consider submissions and, where necessary, may amend the proposed regulations before being finalised.
Written submissions in response to this consultation should be sent by 31 August 2009 to;
Ms Tracey O’Connor,
Department of Environment, Heritage and Local Government,
Johnstown Castle Estate,
Wexford.
Tel 053 – 9163400 ext 3027
Fax 053 - 9165594
or by E-mail to: tracey.o’
Further copies of the consultation paper are available in electronic and hard- copy format on request to the person named above. The paper can also be accessed through the website www.environ.ie
Freedom of Information
Please note that, in the event of a request being made by any person under the Freedom of Information Acts 1997 and 2003, it may be necessary for a Department to disclose any or all comments received. A Department may refuse to disclose information only in exceptional circumstances. The comments received in response to this consultation paper might also be published by the Department of the Environment, Heritage and Local Government.
2. Introduction and background
Efforts to protect the valuable groundwater resource in Europe began in the 1970’s resulting in the adoption of the first Groundwater Directive (80/68/EEC). However this early directive was limited in scope, focussing on the control of emissions of substances from industrial and urban sources. Despite additional directives aimed at controlling diffuse pollution from agricultural and industrial sources it became increasingly clear during the 1990’s to the European Union that there was a need for further action to avoid long-term deterioration of quality and quantity of all freshwater resources, including groundwater across Europe. This led to a Framework for an Integrated European Water Policy and resulted in the adoption of the Water Framework Directive (2000/60/EC). For the first time groundwater became part of an integrated water management system. The WFD includes groundwater in its river basin management planning, and sets clear milestones for groundwater bodies in terms of delineation, economic analysis, characterisation (analysis of pressures and impacts), monitoring, and the design of programmes of measures to ensure that, by the end of 2015, there is a sufficient quantity of groundwater of good chemical status.
This was later complemented by the adoption in 2006 of a daughter directive (Directive 2006/118/EC) laying down additional technical specifications on the protection of groundwater against pollution and deterioration.
In Ireland the original Groundwater Directive (80/68/EEC) was primarily transposed into National legislation through;
o The Local Government (Water Pollution) Act, 1977 to 1990.
o The Local Government (Water Pollution) Regulations, 1978 (SI No 108 of 1978).
o The Protection of Groundwater Regulations, 1999 (SI No 41 of 1999). This is due to be repealed and replaced by the Waste Water Discharge (Authorisation) Regulations, 2007 (SI 684 of 2007) in 2013.
o The Local Government (Water Pollution) (Amendment) Regulations, 1999 (SI No 42 of 1999).
The old Groundwater Directive (80/68/EEC) will be repealed by 2013 under the WFD but remains in force for preventing or limiting pollution from List I and List II substances until then. It is to be replaced by the requirements of the Water Framework Directive (2000/60/EC) and new Groundwater Directive (2006/118/EC). The purpose of the proposed regulations is to transpose the requirements of the two latter directives into National legislation and provide for transitional arrangements from the old Groundwater Directive (80/68/EEC).
3. The groundwater resource in Ireland
Groundwater is a valuable natural resource in Ireland, used in food and industrial processing, as well as being an important source of drinking water. Groundwater flows through and is stored in the pore spaces and fractures in bedrock geological deposits. If the geological deposit can yield enough water for a significant water supply then it is referred to as an aquifer.
The interaction between groundwater and surface water is complex. Groundwater chemical composition is often uncertain and its contributions to surface water flow vary; often the contribution is less than 10 per cent in the low yielding ‘poorly productive’ aquifers, but it may be up to 80 or 90 per cent in the more productive aquifers, e.g. karstified limestone or sand and gravel aquifers[1].
In contrast with most other EU countries, the bedrock aquifers in Ireland have fissure permeability only. Therefore, water flow is predominantly through fissures or fractures and not through pore spaces in the rock itself; thus, any contaminants present in the groundwater undergo minimum attenuation.
The sand and gravel aquifers that underlie approximately 2 per cent of the country are the only aquifers with intergranular permeability. Aquifers are protected by the overlying soil and subsoil, where some attenuation of contaminants may occur; therefore variation in soil and subsoil type, and thickness, is important in characterising the vulnerability of aquifers to contamination from pollutants.
A large proportion of the productive aquifers in Ireland are karstified limestone. Karst landscapes develop in rocks that are readily dissolved by water, e.g. limestone (composed of calcium carbonate), and typically conduit, fissure and cave systems develop underground.
In Ireland approximately 25% of the population depend on groundwater for their water supply compared to 75% of the population in other European Union Member States. However, the environmental value of groundwater, as well as its value as a water supply reservoir, has been recognised by the ecological objectives of the WFD. Groundwater plays an essential role in the hydrological cycle and is critical for maintaining wetlands, river flows and surface water ecosystems. In most rivers in Ireland, more than 30% of the annual average flow is derived from groundwater. In low flow periods, this figure can rise to more than 90%. Therefore, reductions in groundwater input, particularly in dry weather periods, or deterioration in groundwater quality may directly affect related surface water and terrestrial ecosystems. For instance, since surface waters receive inflowing groundwater, groundwater quality will ultimately be reflected in the quality of surface waters. Therefore, the effect of human activity on groundwater quality will eventually impact on the quality of associated aquatic ecosystems and directly dependent terrestrial ecosystems if natural attenuation reactions such as biodegradation and adsorption in the subsurface are not sufficient to remove the contaminants.
The risk assessment of groundwater bodies in Ireland, completed as part of the characterisation process required under Article 5 of the WFD, indicated that groundwater underlying approximately 26.7% of the land area of Ireland was identified as at risk of failing good status [2]. However, there are negative patterns of concern, which will need to be addressed[3]. The National monitoring programme showed that there were slight increases in nitrate and phosphate concentrations between 1995 and 2006, with elevated nitrate concentrations observed in the east and southeast of the country and elevated phosphate concentrations in the west. The presence of intensive agricultural practices in the southeast suggests that diffuse agricultural sources are the cause of the elevated nitrate concentrations; the vulnerable nature of the Karst limestone aquifers in the west may explain the elevated phosphate concentrations in groundwater, and groundwater may be contributing to eutrophication in rivers and lakes in these areas. Microbiological problems are also observed in the more vulnerable aquifers (particularly at spring monitoring locations) because they have little natural protection from organic wastes, such as septic tank effluent or farmyard manure.
The purpose of the proposed regulations is primarily, to provide a legal basis for classifying the quantitative and chemical status of all groundwater bodies and identifying significantly increasing pollution trends so that objectives may be established for each groundwater body and included in river basin management plans. Groundwater objectives are to be achieved through programmes of measures established to support the implementation of river basin plans.
4. Scope of proposed Regulations
The proposed regulations (Appendix 1) are intended to give legal effect to groundwater protection measures required under the Water Framework Directive (2000/60/EC) and it’s daughter Groundwater Directive (2006/118/EC). The proposed regulations establish environmental objectives to be achieved for all groundwater bodies, criteria and procedures for classifying groundwater quantitative status and chemical status, and procedures for identifying significant and sustained upward trends in groundwater pollution. Various duties are assigned to public authorities and other persons. The regulations require measures to be implemented to prevent and control pollution inputs to groundwater bodies.
5. Assessment of groundwater status
The regulations provide the basis for classifying the status of groundwater bodies.
- The Environmental Protection Agency (“The Agency”) is assigned responsibility for classifying groundwater bodies.
- The process of classifying groundwater bodies follows logically from the risk assessments and the characterisations of groundwater bodies carried out for Article 5 of the Water Framework Directive, 2000/60/EC. The risk assessment process was initially applied to water bodies in late 2004. The risk assessments have been further refined based on improved information and reapplied in late 2008. As a result of these, groundwater bodies have been grouped as "at risk" or "not at risk" of failing to achieve good groundwater status.
Classification is based on the results of the WFD Article 5 risk assessment and the Article 8 monitoring programme.
Groundwater bodies that are judged to be "not at risk” of failing good status may be classed as good status on the basis of the risk assessment alone when the Agency is satisfied that this is the case. For other groundwater bodies that are identified as "at risk" of failing good status they must go through additional assessment steps, taking into account water quality standards, to confirm their status.