90 /?220

Programme For Implementation of the
Dangerous Substances Directive

In accordance with Article 6 of Directive 2006/11/EC

December 2008

  

Comhshaol, Oidhreacht agus Rialtas Aitidil
Environment, Heritage and Local Government

Water and Natural Heritage Division
Department of the Environment, Heritage and Local Government.

Contents

To be written upon completion of document.

Chapter 1

4General Introduction Ha. Be )
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Si _ _
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1.1 Context

The European Court-of Justice/ (ECJ) has, found that Ireland has failed to comply with its
obligations under Council Dirggtive,76/464/EEC, on pollution caused by certain dangerous
substances.discharged-i e aquatic)environrhent, in particular the requirement under Article
7 to establish\programmes to redlice pollution gE waters by ‘List II’ substances (Case C-282/02,
Court Judgement of 2 June 2005). Directiw® 76/464/EEC was codified in 2006 and is now
Directive 2006/11

  
    
 
  
 

Article 6 of Directive<2006/1A/EC requires Member States to establish pollution reduction
programmes the implementati ich must provide for the setting of quality objectives for
waters as well as a system,6öf prior duthorisation in- which emission limits are set down in the

authorisations granted. ä ur i xw7 ig) Laflq Sul Cu

The ECJ has separately ruled on the content df.the"pollutio üetıon programmes required
under the Directive (Case C-207/97-Commission v ium [1999] ECR 1-275). The
programmes to be established must be\specifi must encompass a comprehensive and
coherent approach; they must cover the”Entire national territory, and_ they must provide
practical and co-ordinated arrangements for the reduction of tion by any-efthe substances
in ‘List II’ which is relevant in the particular er en Member States concerned, in
accordance with the quality objectives fixed by those programmes for the affected waters.
EL iROmyS Wrukeaie vr Tue

he judgment against Ireland was wide-ranging and impacts eher ofsectors, including
industry, agriculture, forestry and aquaculture. Signifigant”progress has been made in
responding to the judgment. Three new comprehensive measures have been put in place to
address agricultural pollution (Nitrates Regulations), local authority waste water discharges
((Waste Water (Diseharge) Authöfisation Regulations), and aerial spraying of phosphorus
(European Communities (Aerial Fertilisation) (Forestry) Regulations).

BE En ng. ai

The Department of the Environment, Heritage and Local Government and the Department of
Agriculture, Fisheries and Food are currently finalising four-three further sets of draft
Regulations dealing with environmental objectives and environmental quality standards for a

range of dangerous substances, marine-Finfish-aguaeulture-installations; quality objectives for

the freshwater pearl mussel and strengthened_enforcement measures to _tackle_agricultural
pollution. Tt is expected that each of these legislative measures will be enacted by end

September —/-early-OeteberDecember 2008.

  

 
 
  
  

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The draft European Communities Environmental Objectives (Surface Waters) Regulations,
include a requirement to be placed on the Minister for the Environment, Heritage and Local
Government to prepare or cause to be prepared programmes for the examination and review, as
appropriate, of existing authorisations to discharge to water, as well as a requirement to

examine farm installations liable to give rise to water pollution—This document presents an
overview of the legislative controls and authorisation syste As in placex It then outlines current
inspection and enforcement regimes and incorporates a National Enforcement Plan for the
implementation of the Dangerous Substances Directive.

‚1.2 Environmental Objectives Regulations and the Water Framework
ü Directive

| The draft European Communities Environmental Objectives (Surface Waters) Regulations

\ referred to-above are central to tbi programming document and address a number of issues.
, Firstly, by.establishi em of quality objectives, they respond to a key aspect of the ECJ

' judgement of June 2005 that found Ireland had’failed to comply with its obligations under the
Dangerous Substances Directive (DSD). hat judgement, the Court found, inter alia, that
| because of the absence_ of a cohe general system of quality objectives for Irish surface
‚waters, Ireland could not comply with the requirements of the DSD to issue discharge licences
‚that included emission standards based on qualit$ objectives established in a programme under

/ Article 7 ofthe DSD. N )

/ Secondly, they give legal status to.the criteria and standards to be used for classifying surface

| waters in accordance with the/ecological objectives approach of the Water Framework
Directive. The classification of waters & a key_step-in the river basin management planning
process and is central to the setting-ef. objectives and thg/development of programmes of
measures. Waters classified as ‘high’”\or ‘goo not be allowed deteriorate. Waters
classified as less than good must be restÖöred to at-least good status_\ within a prescribed
timeframe. | ' —
Thirdiy, as a horizontal instrument, the quality standards proposed will provide a benchmark
for all new authorisations issuing under relevant legislation and also for revi@ws of existing
authorisations. —

 
     

 
 

In summary, the environmental quality standards proposed will provide a more coherent and
comprehensive system of quality objectives for Irish surface waters than has existed to-date.
The standards will apply to all surface waters i.e. to rivers, lakes, transitional, coastal and
artificial water bodies. The EPA, local authorities and other agencies involved in authorising
discharges to water need these standards to determine the amount and concentration of a
substance that may be allowed in the discharge without causing damage to aquatic biological
communities or failure of the environmental objectives of the Directive.

1.3 Water Quality in Ireland

The latest water quality report from the EPA is Water Quality in Ireland 2006-2006. Published
in November 2008, the report assessed the quality of rivers, lakes, canals, coastal areas and
groundwater over the three-year period.

Overall, the report found evidence of a slight improvement in Ireland’s water quality,
particularly surface waters. Nutrient enrichment remains the biggest threat to water quality and
the primary sources are municipal waste water treatment plants and agriculture.

a

 

  
 
 

  

Dangerous Substances Directive and certain pesticides. A further 13 syöstances were added in
2001 by Regulations. Surveys showed that mosf of these compound$ were either absent or
present at very low concentrations.

As part of the implementation ofthe Water Framework Directive, a project team identified 161
nationally relevant pollutants, including the 41 priority substances specified in the WFD. A
survey on a range of water sites between May 2005 and May 2006 found that 31 ofthe 41
priority substances and 89.ofthe 161 chosen target compounds were detected in one or more
samples, often-attrace levels. The most commonly detected compounds were metals and
polycyclie aromatic hydr \

  
 
 

Arising out ofthe survey, atotäl of 28 compophds were added to the 41 WFD priority
substances and ineluded in the Surveil onitoring Programme which commenced in July
2007. The first cycle 6 ing is due for completion in 2009.

In summary, the results ofthe EPA ty mo itoring programme suggest that a high
and increasing percentage is EA said ürkrekami is in a satisfactory condition. However,
a significant number of waterbodies are impacted to varying degrees by pollution and this
situation is, for the most part, the result of nutrient,enrichment.

SL

 
 
  
     

1.4 Overview of existing ä
Environment — Fe _ Rasa nn
— De

Within Ireland there are three main players involved in the regulation of discharges tothe

water environment:

Environmental Protection Agency: The EPA licenses _diseharges to waters via its IPPC
licensing, Waste licensing and Urban Waste Water licensing regimes.

Local Authorities: Local authorities license discharges to waters and to sewers of trade
effluents where these discharges are not licensed under the EPA’s licensing regimes. Other
local authority controls include implementation of the Nitrates Action Plan including
inspections of farms; implementation of programmes of measures under the phosphorous
regulations and dangerous substances regulations; and the making of byelaws to regulate
certain agricultural activities. In addition the local authorities inspect facilities subject to a
wide range of water related regulations (see list in appendix 2).

Department of Agriculture, Fisheries and Food: The Department licenses aquaculture
installations and via its Forest Service controls the aerial fertilisation of forests.

In addition to these main players, the Department of Communications, s, Energy and Natural
Rzesources controls ı marine installations.

Section 2 outlines further details on the authorisations and other controls that are implemented
by the competent authorities. Section 3 gives details on inspections and enforcement activities
and Section 4 provides details of the planned review of authorisations.

Chapter 2

2Authorisations and other controls in Ireland

2.1 Environmentat-Pföfection Agency

2.1.1 IPPC Licences

  

In 1996, Directive (96/61/EC) on integrated pollytion prevention and control was adopted. The
purpose of the IPPC Directive is_to ine measures necessary to implement integrated
prevention and control of ren from-alrange of industrial activities, in order to
achieve a high level of protection for the environment-as a whole. The Directive includes an
indicative list of the main polluting substances\to_be taken into account for the fixing of
emission limit values, and is inclusive of&he-18 List I substances of the *daughter’ Directives.

Annex 1 of the IPPC Directive sets.out the types of activitie$, which require an IPPC permit
(licence), and the First schedule of the EPA Acts re the- requirements for these same
activity types to apply for an IPPC Licenc € disposal and recovery activities are dealt
with under Waste Management Acts. — N

   
 

 

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—

Transposition of the IPPC Directive (96/61/EC) a tunen the amendment of the
Environmental Protection Agency Act, 1992 and the Waste Management Act“4+996. The
amended legislation was known as the Protection of’ the el Act, 3 (POE Act,
2003). These enactments and supporting licensing regulations‘specifically address and are for
the purpose of giving effect not only to the requiremerff$ of the Dangerous Substances
Directive but also to a significant number of other EU Directives (e.g. Drinking Water,

Groundwater, Waste (Landfill/Incineration), Habitats, Bathing Water, Urban Waste Water and
Birds.

 

 

The EPA is the competent authority for the issue and enforcement of Integrated Pollution
Prevention Control (IPPC) licences for specified industrial, waste and agriculture activities. An
IPPC licence is a single integrated licence dealing with emissions to all environmental media
including water. The Acts also provide for the regular review and amendment of licences.

 

The application of Best Available Technology (BAT) to discharges under the IPPC-and-Waste
licensing systems requires the prevention of releases of prescribed substances or, if that is not
practicable, to minimise and render them harmless to the environment.

In summary the categories of industry coming within the scope of IPPC licensing are:

e Minerals and Other Materials.

e Energy.

e Metals.

e Mineral Fibres and Glass.

e Chemicals.

e Intensive Agriculture (poultry and pigs).
e Food and Drink.

e Wood, Paper, Textiles and Leather.

e Fossil Fuels.

e Cement. BR
°e  Waste (recovery or disposal in\a facility connected or associated with an IPPC
activity):

e Surface \
Other Activities (includes testing of ehgines, manufacture of printed circuit boards,

production of limeinakiln and manufacture of ceramic products).

There were 5486 IPPC-licences in operation as of October 2008. The EPA has
carried out an assessment and review of licences to confirm compliance with requirements of
the IPPC Directive, which as disc ove, ineludes the requirements of the Dangerous
Substances Directive.

 
 

 

    

 

In accordance with the draft European Communities Environmental Objectives (Surface
Water) Regulations 2008. the EPA will, rtake’an urgent desk top review of IPPC Licences
on a risk-based approach with a view to-reviewing licencgs where amendments might be

 

   
 

 

 
 

2.1.2 Waste Licensing

Waste eisposgand recovery wre in Ireland are required to hold an arfthorisation in
accordance with the Waste Manägement Acts, 1996-2008. W nage tctivities listed

 

in Paragraph 5 of Annex 1.01 the IPPC Directive are subject to the licensing requirements of
these Acts and subject to’a waste licence. If the waste activity is carried on and is associated
withan EPA Act First-Schedule activity the IPPC licence will cover all activities carried out on
the site.-

 

 

 

A four-tier syStem of authorisation rin for the regulation of such activities at a
facility. A waste recovery or disposäl activity at a facility is either:

ö
e an exempted activity (no authorisation required); or

e requiresa Waste (or IPPC) licence; or /

e requiresa Waste Facility Permit; or L.

° requires aWaste Certificate of Regist ation / Registration Certificate.

Depending on the authorisation required these activities are again either by the
Environmental Protection Agency (EPA) or by local authoritieswithin their own areas. The
EPA regulates all non-exempted local authority waste facility activities.

A waste licence is also a single integrated licence dealing with emissions to all environmental
media including water, and the environmental management of the facility. All related waste

operations connected to the activity are considered in determining a licence application. The
application of Best Available Technology (BAT) to discharges under the Waste licensing
systems requires the prevention of releases of prescribed substances or, if that_is not
practicable, to minimise and render them harmless to the environment. Provisions_for_the
regular review and amendment of licences are also provided within the Acts. Annex 1_Waste
activity licences thhave been subject to assessment and review where necessary to comply with
the requirements of the IPPC Directive, which as discussed above. includes the requirements of
the Dangerous Substances Directive.

There were 1943 {OEE to-cheekfWaste licences in operation as of October 2008.

  
 

In accordance. with _the-draft European Cofnmunities Environmental Objectives (Surface
Water) Regulations 2008, the EPA wi ertake an urgent desk top review of IPPC Licences
on a risk-based approä ä view-to reviewing licences where amendments might be

necessary_to ensure compliance with the Environmental Quality Standards. The review, and

any subsequent amendment to licensgs-wHl.be baseyl on the combined approach.

2.1.3 Urban Wastewater Treatment Plant discharge licensing
A system for licensing and certificätion of wastewater disc
authority sewer networks was brought into effec September 2007 through newly
introduced regulations. The licensing andeflification-authorisation process was introduced
on a phased basis commencing on 14" December 2007 in accordance with the requirements of
the Waste Water Discharge (Authorisation) Regulati . Adiedischarges.to the aquatic
environment from sewerage systems owned,” managed and_operated by water, service
authorities will require a waste water discharge licence-or certificate of authorisäfion from the
EPA. The authorities are required to apply to the \Agency Ära Ticenge-er certificate of
authorisation by specified dates depending on the population gquivalent of the area served by

the sewer network. The Regulations governing the licensing process address and implement the
requirements of the Dangerous Substances Directive as well as a number of other Directives

(e.g. Drinking Water, Habitats, Bathing Water, Urban Waste Water and Water Birds).

   

  

rges from areas served by local

 

The dates by which licence applications must be made to the Agency are as follows:

Population Equivalent of Agglomeration Prescribed Date

Discharges from agglomerations with a p.e.* of>10,000

* population equivalent

Discharges from agglomerations with a population equivalent of <500 must apply to the
Agency for a certificate of authorisation. The certification process is not due to commence
until 2009.

2048 licence applications have been received (Oct 2008), which relate to discharges from
agglomerations with population equivalents of more than 2,000.

The next specified date is 28" February 2009 and applies to agglomerations with populations
equivalents of greater than 1,000.

 

 

of the Licensing Unit of the EPA to ex edit processin of these a lications without 2 an

  

undue delay. Given-the-eomplexity.af-seme-of-the-applieatie antieipated-that-beis

7 Licences have been issued to date. for N Mullingar, Ennis, Ballincollie. Roscrea
Longford and Nenaeh. Each of these agglomerati have a population equivalent of greater
than 10.000. Details on these licences ailable oh wwwepa.ie.

 

 

    
  

 

 

timeframe-of-6-years: \ ee —_ j
The licensing philosophy for Urban Waste Water“Treatment Plants i is a programme of.

incremental improvement, setting emission limits for ollutants likel to be present the
waste water concerned and the timeframe or timeframes within : be achieved

with the aim of achieving g00d surface water status and good groundwater status by no later
than 22” December 2015. 4

The assessment of Licence Applications includes an assessment of the existing situation within
the agglomeration, considerations in relation to the receiving water, existing and proposed
future discharges. monitoring data and programmes of improvements to ensure compliance
with the Water Framework Directive. Limits specified in the Licences are determined with the
aim of achieving good water quality status by 2015. Compliance with other EU Directives is
also assessed including the Urban Waste Water Treatment Directive (91/271/EEC), Dangerous
Substances Directive (2006/11/EC), the Habitats Directive (92/43/EC) and the Environmental

Liabilities Directive (2004/35/EC).

Conditions within the Licences include a requirement that the Licensee shall take such
measures as are necessary to ensure that no deterioration in the quality of the receiving waters
shall occur as a result ofthe discharge, with programmes of improvements, where necessary to
ensure compliance with the required emission limit values by a specified date.

All licences granted are subject to statutory review and amendment within a specified
timeframe of 6 years.

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2.2 Local Authorities

2.2.1 Single Media licences for discharges.to waters and sewers

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Activities other than IPPC and-Waste Ticence activities and municipal wastewater discharges
that discharge trade or sewage effluents to waters-or.sewers requires a single media effluent
discharge licence from the Local Authority.”A Section 4 licence is required for the discharge of
effluent to waters or aquifers and a Section 16 licence is required for discharge of effluent to
sewers. Such discharge licences are ee the provisions of the Local Government
(Water Pollution) Acts, 1977 and 1990.

   

The conditions attached to single media lic@nces for discharge to both waters and sewers must

be in accordance with the following: ee |
.

any relevant Water Quality Management Plans; or

aa
any relevant quality standards prescribed under the (Wetzz Bokytion) cts 1977 and
1990;

e the Water Services Act, 2007; and Bl
e the Water Framework Directive.

Information from local authority inspection plans on water discharge licensing is outlined in
the table below. There were 3,113 Water Pollution Licences (to sewer & waters) in place at
the end of 2007, with a total of 472 Water Pollution Licences issued or reviewed during 2007.

 
    
 
  
   
    

Water Pollution Licences (non IPPC/ Waste / non-municipal)

Discharges to Waters Licenses

Issued or reviewed during 2007 248
Revoked or lapsed during 2007 35
Total in force at end of 2007 1,565

Discharges to Sewer Licenses

Issued or reviewed during 2007