REPRESENTATION PERMANENTE
DE L'’IRLANDE

AVENUE GALILEE 6 (BrTeE 22
1030 BRUXELLES
TEL. 218 O6 05

AUPRES DES

COMMUNAUTES EUROPEENNES

 

Secretary-General

Commission of the European Union
Avenue d’Auderghem 45

B-1040 Bruxelles

nn ULEB,

BE (22) No 29973

| 0 in tr an
Ines: |

/ö December, 1993.

Dear Director-General,

My authorities have asked me to refer further to Commission
letter (SG(92)D/19207) of the 23 December, 1992 in regard to
legal and implementation issues in relation to a number of
Directives and related complaints received by the Commission.
This letter addresses the matters raised concerning the River
Anner.

My authorities have already informed the Commission of its
general approach to the implementation of the Bathing Water
Directive- (vide letter of 30/7/1993 attached). As regards the
application of the Directive to the River Anner, the local
authority, Tipperary (S.R.) County Council, has again reviewed
the position as to bathing usage. The Council has indicated
that, in general, only a small number of persons - about 10 or
so - traditionally use the River Anner for bathing purposes in
summer. The Directive's statutory criteria in regard to numbers
of bathers are considered not to be met in the circumstances.
Previous reviews of the application of this Directive to Irish
waters by the Council have not led to this particular bathing
water being put forward for inclusion in national Regulations
and, in the absence of anything clearly unreasonable in the local
authority assessments, my authorities consider that this is an
area to which the principle of subsidiarity can be well applied.
It is understood that the National Safety Council no longer holds
classes at this particular venue and has not done so since 1989.

Reference was made to the fact that. there is no suitable bathing
area closer than 10 miles from the town of Clonmel. This is not

the case. For example the Ferryhouse Sports Complex, which is
located approximately 1 mile from Redmondstown, provides indoor
swimming facilities, and the town of Clonmel, which would be
within 2 miles of Redmondstown, is served by Clonmel Corporation
Municipal Swimming Pool.

As regards water quality, water quality conditions in the River
Anner are monitored both upstream (Station No. 1,000) and
downstream (Station No. 1,100) of the Medite discharge and an
analysis of the results of samples taken from the period 1989 to
1992 by the Regional Water Laboratory in Kilkenny do not show any
significant deterioration downstream of the Medite discharge.
A copy of these results marked A together with a copy of a map
showing the two stations referred to marked B are enclosed for
your information. It should be noted that the information
contained in enclosure A is a physical/chemical analysis.
Enclosed also for your information is an extract from biological
assessment carried out at 11 sampling Stations by the
Environmental Research Unit marked C. This covers the period
1988 to 1992 and includes the 2 sampling Stations on the River
Anner referred to above. This sets out the biological quality
of the water above and below the Medite discharge point for the
period in question.

A Report on River Water Quality, entitled An Analysis of Trends
for the Period 1987 to 1991, was prepared by the Regional Water
Laboratory in Kilkenny in March 1992 for the counties involved
in the South East Regional Water Laboratory area. An extract
from this Report entitled Assessment of River Water Quality Data
1987 to 1991 in respect of the River Anner is also enclosed
herewith for your information. This extract (marked D) shows the
overall water quality for the period 1987 to 1991.

Reference is made by the Commission to the effluent discharge
licence granted to Medite at Redmondstown, Clonmel and a copy of
this licence as reviewed by the local authority, dated 11th June,
1991 and marked E, is enclosed herewith for your information.
Copy licences issued by the local authority under the provisions
of the Air Pollution Act 1987 are also enclosed for your
information (marked H).

In relation to compliance by Medite with the conditions of the
Water Pollution Acts licence, the attached form F sets out
results of analyses of Medite effluent for the three year period
1990, 1991 and 1992 prepared by the Regional Water Laboratory in
Kilkenny together with an analysis of the local authority

monitoring for the year 1992 as contained on form G.

As can be seen from this documentation there have been some
breaches of the effluent discharge licence. However, the local
authority has had ongoing discussions and consultations with the
Company in relation to these breaches with a view to ensuring
full compliance with the terms of the licence. Legal proceedings
were issued against the Company in July, 1993 ‘for noncompliance
with the terms of their effluent licence. However, these
proceedings were postponed pending an appropriate response from
the Company in the matter. The company indicated that action
is being taken to improve company controls with a view to full
compliance with the terms of licences issued. These include the
installation of continuous monitoring equipment on boiler plants
and the commissioning of a report from :- consultants on the
entire effluent treatment system so as to make recommendations
to improve performance. The company has also recently recruited
an Environmental” Officer with ” .„ qualifications in
Environmental Resource Management and in Environmental Science
and Technology. The Council is satisfied with the assurances
given to the effect that the Company is effectively addressing
the matter so as to ensure compliance with licence requirements
with regard to both air and effluent emissions. The situation
is being kept under review by the Council and further action will
be taken by the Council, if necessary.

My authorities trust that the foregoing information clarifies the

position on the matters raised in your letter under reply with
regard to the Anner River.

99
>

RB

!