ago pa /

DI
epa

Office of

Environmental
Enforcement

National Enforcement Plan
to reduce pollution from
Dangerous Substances

Submission to EU Commission
10" December 2008

Environmental Protection Agency

Dangerous Substances Regulations, 2001 - EPA Guidance on Report Preparation

Table of Contents

Introduction „een TEEN 3
Implementation :.:=....:=....uunu0002 00000 nun nn TEE TEE EEE ET EEE 3
1.1  Ministerial Direction ...............:.ussssesssennseenneeenennnennsnnnnnnnsnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnenn 3
1.2 The role ofthe Environmental Protection Agency .....uuuececeeeesaseeesnnsennnennnennnennnnnnnn 4
1.3 The role of Public, Authorities............................ iin 4
1.4 Timeframe for implementation ...............22200022unneeessnnnnnessnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnennnnnnn 4
Enforcement plans .....uuussssnnnnsnnnnnnnnnnnnnnnnnnnnnnnannnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnsnnnnnnnsnnsnnnnnernnnnnnnnnenen 4
1.5 The Scope of enforcement plans ..............uuuu2unnseeennnnennennnnnnennnnnnnnnnnnnnnnnnnnnnnnnenennn 5
1.6 Risk based approaches .............uuuueeeeseeesnnneennnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnennnnnnnnennnnnnn 6
1.7. Monitoring for Dangerous substances .............ueeesnssssnessnnnnnenanenesennnnnnnnnnennnnnnnnn 6
1.8  Educational measures ... au. aan auceneen ana near TETTEETE 7
Enforcement activities to be carried oOut........unssennanenennnunnnnnunnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnannnnnnnnnnnnn 7
1.9 _ Enforcement actions to be taken by Public Authorities................uneeeeeeeenennnnn 9
Delivery of the enforcement effort.......unnssssnnnssnnnnnnnnennnnnnnnnnnnnn Error! Bookmark not defined.
1.10 Annual reporting on implementation of Dangerous substance Regulations....... 10
1.11 Evaluation by the EPA of Enforcement plans ...............20002022uneeseneennnennnenennnennnn 11
1.12 Standards to be achieved.....................uu....n. Error! Bookmark not defined.
1.13 Training..........uusrsnnersneenneenesnensnnennnnnennnnnnnnnnnnnnnanssnennnnnnnnennnenennnnsannnennnnnnnenenen 11
ANNEX A - Inspection Templates ..........uu...2222202@000000000000000000000000000000nnnnnnnnnnnnannennnnnan nn 12

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Dangerous Substances Regulations, 2001 - EPA Guidance on Report Preparation

Introduction

The European Court of Justice (ECJ) has found that Ireland has failed to comply with
its obligations under Council Directive 76/464/EEC on pollution caused by certain
dangerous substances discharged into the aquatic environment, in particular the
requirement under Article 7 to establish programmes to reduce pollution of waters by
“List II” substances

In subsequent interactions with tne Commission the following issues were highlighted
as being of particular concern.

1. Ireland needs to present co-ordinated, integrated and comprehensive measures
for the control of dangerous substances. In particular a greater effort is is
required in relation to monitoring and enforcement of local authority discharge
licenses, and in addressing unlicensed discharges.

2. Ireland needs to develop an inspection and enforcement regime that
demonstrates a clear duty on the enforcement agencies to ensure that standards
are upheld.

3. More stringent measures are required to substitute for the authorisation regime
for farms or installations required by the Directive.

4. Ireland has to demonstrate that pollution from farms or installations will inevitably
be detected and made the subject of enforcement action. Furthermore that local
authorities must take effective action where polluting farms or installations are
found.

This document sets out the process for full implementation of the findings of the
Court Judgement referred to above. This process requires that Authorities with
responsibility for regulating farms or installations subject to the Dangerous
Substances Directive undertake co-ordinated, integrated and comprehensive
measures and that these measures are established through their enforcement plans.
These plans will include compliance assessment through inspections (such as site
visits and monitoring) followed by appropriate enforcement activities.

Implementation

1.1 Ministerial direction

To provide a co-ordinated, integrated and comprehensive monitoring and
enforcement response the Minister will direct that all public authorities with
responsibility for regulating farms or installations subject to the Dangerous _
Substances Directive to: % Br
e _Prepare an enforcement plan setting out the activities that will constitute more Zu
stringent measures to control dangerous substances from such installations. e Rev?
e Take effective measures to reduce pollution from Dangerous substances /7, \
particularly emissions licensed by public authorities and unauthorised (Far PM /
discharges. en it nn E
e Take effective action in the event of detecting polluting from farms and RT a

installations. “

  
  

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Dangerous Substances Regulations, 2001 - EPA Guidance on Report Preparation

e The Minister will specify timeframes for complying with the Direction
e The Minister will Direct the EPA to provide guidance to Public Authorities in
preparing their enforcement plans.

1.2 The role of the Environmental Protection Agency

The EPA will comply with the Ministerial Direction by:

Preparing guidance to public authorities on enforcement plans
Preparing an enforcement plan

Carry out activities outlined in the Enforcement plan

Report the planned Enforcement activities nationally

Report on completed enforcement activities

Report on compliance with the Environmental Quality standards for
dangerous substances EEE TEE

1.3 The role of Public Authorities
Public authorities will comply with the Ministerial Direction by:
e _Complying guidance to public authorities on enforcement plans
Preparing an enforcement plan
Carrying out activities outlined in the Enforcement plan
Reporting to the EPA or on planned enforcement activities
Reporting on completed enforcement activities
Reporting on compliance with the Environmental Quality standards for
dangerous substances rn FE

1.4 Timeframe for implementation

Ministerial Direction January 2009
Enforcement plan guidance June 2009
Enforcem&hnt Plans submitted September 2009
Synopsis of planned enforcement to EU Commission December 2009
Indicator report of delivery of enforcement plans March 2011

Enforcement plans

Enforcement plans produced by the relevant public authorities will give effect to co-
ordinated, integrated and comprehensive enforcement of farms or installations
subject to the Dangerous Substances Directive. „The plan will relate to the
environmental inspection of all farm or installations arld’enterprises whose emissions
are subject to the Dangerous Substance Directive. This includes not only those
currently being regulated but also those that are not currently subject to regulation
(l.e. unauthorised activities). Enforcement plans produced by the relevant public
authorities must:

1. Define the time period and geographical area to which the plan relates;

2. Define specific sites or types of farms or installations (authorised and not
authorised) covered by the plan;

3. Include a programme for routine environmental inspections and monitoring of
discharges;

4. Include procedures for dealing with complaints, accidents and incidents;

5. Provide a means to coordinate actions with other Public Authorities; and

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Dangerous Substances Regulations, 2001 - EPA Guidance on Report Preparation

6. Define the effective enforcement actions to be taken if polluting farms or
installations are found.
7. The reporting to be undertaken to demonstrate that standards are upheld.

Inspection reports prepared by regulatory authorities will provide findings as to the
compliance status of the farm or installation being visited and draw conclusions as to
further actions required on foot of the visit. These conclusions may include
enforcement proceedings, a requirement for new infrastructure new or revised
licences or a requirement for additional inspections.

Each authority will have to explicitiy state a high level commitment to the
implementation of the plan. As the responsibilities for undertaking environmental
protection will be distributed among a number of local authorities, Directors of
Service from each local authority within a catchment will meet and agree collective
priorities and targets and reflect these in their enforcement plan

These enforcement plans should set out the enforcement activities to implement the
Dangerous Substance Directive through the Draft EC Environmental Objectives
(Surface Waters) Regulations but will also add to the enforcement of the following
regulations:

The Good Agricultural Practice Regulations.
Water Policy Regulations

Drinking Water Regulations.

Wastewater Discharge Authorisation Regulations.
Wäater Pollution Act discharge authorisations and
Integrated Pollution Prevention Control licences.

1.5 The Scope of enforcement plans

In order to ensure that inspections are undertaken in an effective manner, the
enforcement plans will define the geographical area that it covers and the time period
for which the plan is in operation. The plans will set out the types and numbers of
active controlled (and unauthorised) facilities. A full listing of activities with potential
to discharge Dangerous substances is provided in Annex A Table 2. However, the
following the facilities should be included as a minimum within the enforcement plan:
Discharges from farms or installations

Unauthorised Discharges

Landfills and Mine sites

Harbours

Contaminated site

Outfalls änd overflows

Sheep Dip Tanks

Risk based approaches will be adopted for inspection activities, priority will be
assigned to the most environmentally significant issues. In practice this generally
means that a greater proportion of resources will be directed at the environmental
priorities.

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Dangerous Substances Regulations, 2001 - EPA Guidance on Report Preparation

1.6 Risk based approaches

Guidance to be prepared by the EPA will include a risk based approach to planning
inspections, particularly the regulation of farm installätions. According to the 2007
farm income survey report by Teagasc there are \111,993 farms nationally. An
estimated 45% of farms received REPS payments in , over 75% of farms which
participate in REPS. The survey has recorded that gross on-farm investment in
buildings, machinery and other assets was estimated at 1.4 billion euros in 2007 —
the highest annual level of investment ever recorded on Irish farms. The average
investment on specialist dairy farms increased from €11,796 per farm in 2006 to
€23,524 in 2007 i.e. by 100% resulting mainly from investment to comply with
environmental regulations and slurry control and storage.

Full-time farms therefore represent the larger more commercial sector of farming and
in 2007 accounted for just fewer than 32.5% (or 36,400) of all farms represented.
Fifty eight per cent of full-time farms were in the two dairying systems, with a further
9% in the Mainly Tillage System and the remaining 33% in the drystock systems. A
full-time farm in the National Farm Survey is defined as requiring at least 0.75
standard labour units to operate calculated on the basis of standard man day (SMD)
requirements, whilst part-time farms require less than 0.75 labour units.

  
 
 
 

 
 
 
  

Typical size of farms in Ireland

Farm System
69.5 23.3
91.5 25.9

     
 
  

  
 
   
  

   

It is anticipated that any risk based approach will be based on the number and size of
full time farms in the catchment area. Additional risk factors to be taken into account
will be the location of the farm and the farm activity Detailed risk assessment will be
based on factors included in the following table.

Proposed Risk factors for inspection of Farm installations

Location

Proximity to groundwater and/or surface | Farm infrastructure
water abstraction point
Proximity of Housing to surface water Nature and size for farming activities

Proximity to degraded/at risk surface Maize cultivation

water

Water quality in the Catchment Receipt of Sewage sludge or pig slurr
Ambient detection of dangerous Management practices, NMP, REPS
substance

     

    
     
   
         
   
 

 

1.7. Monitoring for dangerous substances

In Ireland a national dangerous substances expert group was established in 2003 to
assist in developing lists of priority action, candidate relevant pollutants and

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Dangerous Substances Regulations, 2001 - EPA Guidance on Report Preparation

candidate general components for surface waters in Ireland and to design a
substances screening monitoring programme. The screening monitoring programme
was the first of its kind in Ireland. The screening programme highlighted 28
substances of concern and further monitoring of these substances is taking place
under a comprehensive surveillance-monitoring programme that commenced in
2007.

There are approximately 250 rivers & lakes in Ireland’s surveillance programme;
priority action substance and the relevant pollutants monitoring is being carried out
over a three year cycle with 90 sites nationally being tested in 2007.

In addition a Dangerous Substance Usage study is nearing completion. The focus of
the Dangerous Substance Usage Study is on manufacturing and processing
industry’s use of dangerous substances. Investigations are also being carried out on
dangerous substances in forestry, agriculture and aquaculture. The key objectives
are:
«e To establish the dangerous substances likely to arise in Irish water bodies
due to particular human activities.
e To provide tools for the ongoing collation of the pressures and sources of
dangerous substances in Irish waters.
«e To establish a framework for the licensing and control of dangerous
substance discharges.
+ To optimise the design of the facility and status monitoring programmes.

An additional further characterisation programme “setting chemical water quality
standards’ was completed in 2007. This programme proposed Irish Quality
Standards (EQS’s) for a range of substances, which are included in the surveillance-
monitoring programme. These EQS’s will be used in the surveillance-monitoring
programme to help determine the status of each waterbody.

Enforcement plans will take into account the monitoring outlined above and the
installations identified in the Usage study.

1.8 Educational measures
The plan will include any education programme on dangerous substances that will be
implemented by the Local Authority using print and visual media. These
programmes may include the following:

«e Public Education Campaigns

e Provision of Technical Advice and Assistance

e Publicity campaigns such as use of TV, radio, newspapers and other
media
Schools education programmes
Promotion of Catchment Planning through public signs, leaflets etc.
Development of sectoral education programmes
Appointment of environmental education officer

Types of Enforcement activities
Environmental Inspections will check on compliance with the Dangerous

Substance Directive Requirements and monitoring of the impact of the farm or
installation on the environment through site visits or an assessment of relevant

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Dangerous Substances Regulations, 2001 - EPA Guidance on Report Preparation

returns maintained by the farm or installation. Environmental inspection
encompasses a range of activities outlined in the following table:
Table 1

Site visits;
Assessing the activities being carried out and checking that the operations are
adequately managed from an environmental perspective;

Checking the relevant records kept by the operators of a facility;

Consideration of monitoring reports and records of a facility;

Monitoring the achievement of environmental quality standards including
emission limit values as set out in licences or permits;

Verifying the self monitoring carried out by or on behalf of facility operators; and

Considering audit reports and statements arising from a facility environmental
management system

 

Site Visit will assess the environmental impact of the farm or installation and its
conformance with legal requirements. A site visit should reinforce the operator’s
knowledge and understanding of the environmental impact of their operations and
their responsibilities under the law. The visit should also determine if there have
been any significant changes to the operations on site and if the existing
licence/permit/authorisation needs to be revised.

Non-Routine Inspections will be carried out to investigate environmental
complaints, incidents and the use of unauthorised discharges by farms or
installations, as soon as possible after these come to the notice of the public
authority. These inspections will be scheduled to fit in with other planned inspections

Planning Enforcement will involve undertaking inspections to consider the
environmental impacts of developments with planning permission or prior to granting
planning permission.

Inspection activities for farms or installations will include:
e Farm Inspections:
o Measures to minimise soiled water

o Measures taken to avoid pollution

o Bund integrity and leak detection measures

o Use of pesticides.

o Potential for run-off from farmland into surface waters either directly,
or through groundwater movement,

o Use of sheep dip, silage additives and animal medicines.

o Use and storage of herbicides and other dangerous substances on

farms

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o Use of atrazine (i.e. maize growers)
o Pig slurry spread lands
o Storage of spent mushroom compost

e Discharge Licences to waters/sewers:
o Taking samples of effluent,
o Check on the implementation of works required under the conditions
of a licence.
®e Urban Wastewater Plants:
o Monitoring required under the terms of the Urban Waste Water
Treatment Plant Discharge Authorisation (UWVVTPDA)
o Monitoring required under the UWWT Directive and associated
regulations.

e Monitoring under the Dangerous Substance Monitoring Programme:

Enforcement planning will be carried out by each Public Authorities responsible for
implementing the Dangerous Substances Directive. These activities will include:

An Enforcement Policy will be prepared by each Public Authority, which
details how it will enforce the legislation in a consistent and transparent
manner. The enforcement policy will guide staff involved in enforcement
matters on the appropriate response to non-compliance so that a high degree
of consistency is maintained. The policy will make it clear that the authorities
do not have an option of remaining inactive in the face of detected breaches
of the standard.

An inspection plan will describe the objectives, statutory tasks, obligations
and policies to be implemented. The plan will also give general information on
inspection targets, strategies, procedures and the planned inspection
activities themselves.

The inspection schedule will describe what, where, when and by whom the
different types of inspection activities will be executed.

1.9 Enforcement actions to be taken by Public Authorities

The enforcement plan will set out the expected enforcement actions to be taken in
the event of anon-compliant or unauthorised discharge of Dangerous substances to
the environment. These will include the following:

For point-source discharges within catchments:

Inspection Activities i af like nm

e Use of SSR tool auun bi 7 IIL_——

e Notification of Cross compliance failure

e Catchment surveys for point source pollution from licensed/unlicensed
discharges.

e Issuing and enforcing licenses under section 4 of the Water Pollution Act

to control point source dischärges.

Analysis of commercial activities against discharges licensed

Survey of surface water and foul.sewer/drainage systems

Assess water abstractions

Leak Detection

Assess Recycling / disposal of wastes

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Dangerous Substances Reqgulations, 2001 - EPA Guidance on Report Preparation

e Assess storage facilities

Licence review activities

e Review of existing licences in light of the requirements of the Dangerous
Substances Regulations

e Issuing of licenses to control discharges discharge directly or indirectly to
waters

Infrastructure upgrades

e Upgrade urban wastewater discharges to reduce dangerous substances
inputs.

e Planning control on sewer inputs, septic tanks and other small-scale

sewage treatment systems.

Leak repair.

Control storm water overflows and urban runoff.

Upgrade surface water and foul sewer/drainage systems.

Upgrade of landfills

Enforcement Activities

e Warning letter and section notices for non-compliances.

e Prosecution for non-compliance with licences

e Prosecutions for other contraventions of relevant legislation.

For non point-source discharges within catchments
Inspection Activities
e Use ofSSR tool
e Notification of Cross compliance failure
e Farm surveys
e Catchment surveys
e Making of bye-laws
e Pesticide use surveys
e Assessment of landspreading practices
e Assess forestry Controls
Enforcement Activities
e Prosecution for non-compliance with licences
e Prosecutions for other contraventions of relevant legislation.

Reporting

1.10 Reporting on implementation of dangerous substance regulations

Public authorities responsible for the implementation of the Dangerous Substance
Regulations will be required to maintain a register of farm and other inspections and
will provide information on their enforcement activities on an annual basis to the EPA.
The information to be provided is outlined in Annex A.

Such information is considered essential for two purposes. Firstly it is used to
demonstrate the enforcement activities that are taking place in compliance with the
Dangerous Substance Directive and contributes to informing and determining
national enforcement priorities and policies. Secondly, it will allow the LA itself to
manage its multiple enforcement obligations in a transparent and structured manner.

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