EU Water Requirements
Water Framework
The EU’s Water Framework Directive restated and updated measures at the EU level against water pollution. It seeks to protect water resources and promote their sustainable use.
The Directive takes a high-level approach. It provides for planning on the basis of river basins so as to ensure integrated management of water resources, including water in rivers, canals and groundwater.
The EU (Water Policy) Regulations identify the competent authorities. The State is divided into a number of regions on an all-Ireland basis. Provision is made for liaison with the correspondent Northern Ireland authorities. International conventions and EU law prescribed a range of standards for water pollution which are binding on states.
River Basin Management
River basin management plans must be established. The adoption of the plan is reserved for the elected members. However, there are measures to ensure that the plan is made. If the elected members refuse to make it, the local authority executive may make it.
Local authorities must report to the EPA on the plan. The EPA must report on progress to the EU Commission. A River Basin Advisory Council must be established for a five-yearly period comprising members of local authorities, nominees and representatives of interested parties and certain other appointed representatives.
Measures must be taken to prevent the deterioration of water resources and achieve certain objectives for their protection and improvement. Waters are to be classified. The legislation places positive obligations on the authorities to prevent and limit pollution and to prevent the deterioration of the status of groundwater, in accordance with certain categorisation.
Vulnerable are subject to more stringent controls and protection. States must identify the areas requiring greater protection. The areas must be registered and reviewed from time to time. Limited derogations only are permissible. Proper surveillance and monitoring must be undertaken to ensure the achievement of the objectives. In limited cases, the general deadline for achieving the objectives may be extended.
States must establish a program of measure for each river basin district in order to receive the requisite objective. There are provisions in order to ensure public participation. Interested parties are to be given the opportunity to make representations. States must report to the European Commission on the progress in achieving the objectives.
EU Directives provide standards for freshwater fish waters. They require prescribed standards to be met for salmonoid waters and shellfish waters. Sampling and monitoring are required.
Efficient Use
States are obliged to provide incentives to use water resources efficiently. They are to ensure an adequate contribution is made by different water users to the cost of water. States need not impose water charges, provided it does not compromise the objectives of the Directives.
It is an offence to cause or allow any water tap or other apparatus to be out of repair, so as to cause misuse or undue use or contamination of water. This is subject to a fine of up to €1,300 and six months imprisonment on summary conviction. Authorities may cut off the water supply of persons who fail to prevent it from becoming contaminated.
Urban Waste Water
EU Directives prescribe standards for urban wastewater treatment. The sanitary authorities in Ireland, which are generally the local authorities, were formerly responsible for the reception of sewage waste, treatment and disposal. This changed with the advent of Irish Water.
The EU standards prescribe methods and standards for the treatment and disposal of effluent. A minimum degree of treatment is required by law.
Higher standards apply to waters to be discharged into sensitive areas. Legislation designates areas as sensitive, requiring higher standards of treatment prior to disposal.
The Minister may make regulations empowering the EPA to regulate water authorities (Irish Water) in the relation to the discharge of effluent.
Bathing Waters
EU Directives prescribe standards for bathing waters. The water quality standards must be met in the identified bathing areas. Most public bathing waters are covered, except those frequented by insubstantial numbers.
There are limits and tolerances for the presence of certain substances. If the relevant limits are exceeded, steps must be taken to ensure they are brought back in conformity. The standards are relatively onerous.
Sampling and monitoring must be undertaken and the relevant limits values must be observed. The EPA may permit deviations from standards on an exceptional basis.
Nitrates and Agriculture
The Nitrates Directive seeks to protect the environment and waters, in particular, from nitrate-based pollution. Thresholds and limits are expressed for nitrates. This limits the quantum of livestock manure, which may be spread in certain vulnerable areas.
The State is obliged to identify the nitrates vulnerable zones. It must adopt action programs in order to reduce pollution. The Directive has required the alteration of certain farming practices.
The Directive applies to natural and artificial fertilisers. There are maximum levels of permitted manure spread, nationally and per area. States are obliged to undertake an effective action program in order to ensure that the specified level of nitrate concentration is not exceeded. Potentially vulnerable areas must be identified.
Standards for good farming practices have been published. The action program requires farmers to undertake good farming practices as prescribed and prepare nutrient management plans. These are required as a condition of qualification for various agricultural supports under EU schemes.
Groundwater Directive
The Groundwater Directive is aimed at preventing groundwater pollution and remediating the effects of pollution. States must take measures to protect groundwater and prevent the discharge of harmful substances into it. Certain substances may be discharged only following authorisation.
Environmental objectives are required to be achieved within defined timeframes. They may be subject to extension. Where the required objectives are not met because of historical human activity or natural conditions or where meeting the objectives would be disproportionately expensive or not feasible, less stringent obligations apply.
Even where these exemptions apply, the environmental objectives must not be compromised in water bodies within the river basin district. They must generally be consistent with the implementation of EU environmental legislation and ensure the same degree of protection.
The directive makes provision for measuring the status of water and procedures for the identification of adverse trends. Data must be collected and reported.
Groundwater Regulations
The Groundwater Regulations prescribed standards for sewage and other effluent discharged to an aquifer by a water authority (Irish Water), which contains prescribed harmful substances. Groundwater is subterranean water in the saturation zone and in direct contact with the ground or subsoil.
The EPA may grant licenses subject to conditions. The EPA licenses may be reviewed from time to time and subjected to amended conditions.
The discharge by other entities into aquifers requires licenses under the Water Pollution legislation. A licence application must be accompanied by the results of a prior investigation. In most cases, this is in the nature of an Environmental Impact Assessment. There are prescribed standards for discharges.
Dangerous Substances and Groundwater
Discharges of dangerous substances must be eliminated under EU Directives. The Directives categorise substances in accordance with their toxicity and other measures of danger to the environment.
List 1 substances must be eliminated. List 2 substances must be maintained within limits values. The discharge of dangerous substances must be subject to prior authorisation. States must draw up programs to reduce list 2 substances.
EU Directives seek to combat pollution by dangerous substances in ground waters. Water authorities are subject to legislation. They may not permit dangerous substances to discharge directly into aquifers. Certain discharges of effluent require licenses from the EPA.
Drinking Water Directive
EU Directives on drinking water prescribe standards which are internationally recognised. Authorities are obliged to monitor and analyse water in order to ensure that the standards are complied with.
The Environmental Protection Agency may require local authorities to supply monitoring information on drinking water. It has the function generally to ensure that local authorities comply with their obligations in relation to drinking war.
EU legislation sets out essential health and quality measures for drinking water. There is a measure of discretion to provide higher standards. The legislation provides a wide range of values with which the water must comply. These refer to the presence or absence and tolerance level of particular substances. Authorities have obligations to take remedial and enforcement action to ensure the required standards are complied with.
The EPA may permit authorities to depart from some of the parameters, provided there is no potential risk to public health. This should be for a limited period and be subject to conditions which must be reviewed.
Standards and Enforcement
The Drinking Water Directive provides standards for the quality of water for human consumption. There are duties on suppliers of drinking water to ensure that water meets the standards required. In particular, it must be wholesome clean and free from microorganisms, parasites and other substances which endanger health. The requirements are defined with reference to specified parameters and measures.
The Environmental Protection Agency has supervisory powers under the drinking water legislation. It can require Irish Water to upgrade water supplies. Irish Water must notify the EPA of non-compliance or instances of risk to public health and water supply. Steps must be taken to immediately investigate and determine the cause of non-compliance with standards.
Irish Water must notify the EPA of the presence of pathogenic microorganisms and parasites in the water supplies. Samples must meet the requisite requirements.
Radioactive substances in drinking water must be monitored, and maximum values must not be exceeded.
A person or authority may apply to the High Court for an order directing compliance where there are breaches of the regulations.
Natural Mineral Waters
EU Directives provide standards for natural mineral water for human consumption. Labelling obligations apply, similar to those applicable to food and drink generally.
There are restrictions on what may be labelled natural mineral water. The same broad rules and practices as apply to standards approval generally apply. The NSAI is the authority.