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STATUTORY INSTRUMENTS.
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S.I. No. 42
of 1999.
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LOCAL GOVERNMENT (WATER POLLUTION)
(AMENDMENT) REGULATIONS, 1999.
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S.I. No. 42 of 1999.
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LOCAL GOVERNMENT (WATER POLLUTION)
(AMENDMENT) REGULATIONS, 1999.
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In exercise of the powers conferred
on the Minister for the Environment and Local Government by section 26 of
the Local Government (Water Pollution) Act 1977 ( No. 1 of 1977 ), as
amended by sections 18 and 29 of the Local Government (Water Pollution)
(Amendment) Act, 1990 (No. 21 of 1990) and section 59 of the Environmental
Protection Agency Act, 1992 ( No. 7 of 1992 ), and by section 30 of the
Local Government (Water Pollution) Act, 1977 , which said powers are
delegated to me by the Environment and Local Government (Delegation of
Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), and for
the purpose of giving further effect to the provisions of Council Directive
80/68/EEC of 17 December 1979 on the protection of groundwater against
pollution caused by certain dangerous substances, I, Dan Wallace, Minister
of State at the Department of the Environment and Local Government, hereby
make the following Regulations:—
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1. These Regulations may
be cited as the Local Government (Water Pollution) (Amendment) Regulations,
1999.
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2. The Local Government
(Water Pollution) Regulations, 1992 ( S.I. No. 271 of 1992 ), as amended by
the Local Government (Water Pollution) (Amendment) Regulations, 1996 ( S.I. No.
184 of 1996 ), are hereby amended by the substitution for Part VI thereof of
the following Part:—
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PART VI
CONTROL OF
DISCHARGES TO AQUIFERS
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39. In this Part—
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any reference to a Schedule is a reference to
a Schedule of these Regulations;
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any reference to a section or subsection is a
reference to a section or subsection of the Principal Act;
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“harmful substance” means substances and groups
of substances specified in the First Schedule or in the Second Schedule,
except where otherwise provided;
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“licence” means a licence under section 4 in
respect of sewage effluent or trade effluent containing a harmful substance
which is discharged to an aquifer;
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“licence
application” means an application to a local authority for a licence.
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40. (1) Without prejudice
to the requirements of article 7 of the 1978 Regulations, a licence application
shall also be accompanied by the results of a prior investigation unless the
applicant can satisfy the local authority concerned that the harmful
substance in the sewage effluent or trade effluent is present in so small a
quantity and concentration as to obviate present or future danger of
deterioration in the quality of the water in the aquifer to which the
discharge is proposed to be made.
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(2) The prior
investigation referred to in sub-article (1) shall include—
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(a) an assessment of the environmental
impact of alternative methods of disposal of the harmful substance, and
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(b) an examination of the aquifer to
which the licence application relates in respect of the following—
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(i) the extent and estimated
volume of water therein,
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(ii) the quality of water therein,
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(iii) the estimated rate of recharge,
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(iv) the identification of any existing or
proposed uses of the water therein,
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(v) the hydrogeological
conditions of the area in which the aquifer is located,
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(vi) the nature and depth of overlying soil and
subsoil and its effectiveness in preventing or reducing the entry of the
harmful substance to water in the aquifer,
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(vii) the risk of deterioration in the quality
of the water therein due to the entry of the harmful substance,
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(viii) the risk of the water therein being
affected by the harmful substance so as to endanger human health or water
supplies, harm living resources and the aquatic ecosystem or interfere with
the use of the water for agricultural, commercial, domestic, fisheries,
industrial or recreational purposes, and
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(ix) such other matters as the local authority
may reasonably require
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for the purpose of
establishing whether the discharge of the harmful substance to the aquifer
is a satisfactory method of disposal having regard to its environmental
impact and the results of the assessment referred to in paragraph (a).
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(3) The local authority
shall take into account the results of the prior investigation obtained
under sub-article (2) before deciding to grant or refuse a licence.
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41. (1) Subject to article
47, a quality standard of 0 (zero) milligrams per litre is hereby prescribed
for sewage effluent and trade effluent discharged to an aquifer in respect
of a harmful substance specified in the First Schedule.
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(2) Subject to article 47,
a quality standard of 0 (zero) milligrams per litre is hereby prescribed for
water in an aquifer in respect of a harmful substance specified in the First
Schedule which might be caused or permitted to enter the water as a result
of any disposal or tipping of the substance or any material containing the
substance or any activities on or in the ground.
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42. In the light of a
prior investigation carried out in accordance with the requirements of article
40, a local authority may specify conditions in a licence requiring a
standard different from the quality standard prescribed in sub-article (1)
of article 41 in respect of a harmful substance specified in the Second
Schedule provided that all practical technical precautions are observed to
prevent water in an aquifer being affected by that harmful substance in the
manner set out in article 40 (2)(b)(viii).
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43. Where a local
authority grants a licence, and without prejudice to the generality of
section 4(5), it shall attach conditions relating to—
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(a) the location of the discharge,
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(b) the method of discharge,
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(c) requirements including, where appropriate,
methods of treatment to ensure that water in an aquifer is not affected by a
harmful substance in the manner set out in article 40 (2) (b)(viii),
taking into account the nature and concentration of the substance in the
effluent discharge, the characteristics of the aquifer and the proximity of
other water catchment areas, in particular those
used as sources of drinking water or thermal or mineral water,
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(d) the maximum quantity of a harmful substance
in the effluent discharged during one or more specified periods of time and
appropriate requirements as to the concentration of the substance,
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(e) arrangements for monitoring the
effluent discharge, and
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(f) arrangements,
where appropriate, for monitoring the quality of water in the aquifer.
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44. A licence shall be
reviewed by the local authority at intervals of not more than four years.
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45. A local authority shall
carry out, or cause to be carried out, such monitoring as it considers
necessary for the purpose of determining compliance with conditions attached
to a licence and the effects of a discharge on water in an aquifer.
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46. All such steps as may
be appropriate to secure compliance with the quality standards specified in
article 41 shall, subject to article 47, be taken by—
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(a) a local authority in the discharge of
its functions under the Principal Act and the Waste Management Act, 1996 (No.
10 of 1996) ,
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(b) An Bord Pleanala in the discharge of its functions under the
Principal Act, and
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(c) the
Environmental Protection Agency in the discharge of its functions under the
Principal Act, the Environmental Protection Agency Act, 1992 (No. 7 of 1992)
and the Waste Management Act, 1996 .
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47. (1) Article 41 shall
not apply in a case where a local authority, An Bord
Pleanala or the Environmental Protection Agency, as
the case may be, finds that the harmful substance is present in so small a
quantity and concentration as to obviate present or future danger of
deterioration of the quality of water in the aquifer.
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(2) A local authority, An Bord Pleanala or the
Environmental Protection Agency, as the case may be, may specify a standard
different from the standard specified in Article 41(1) in respect of the
discharge or entry to an aquifer of a harmful substance specified in the
First Schedule—
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(a) where the results of a prior
investigation show that the water in the aquifer is permanently unsuitable
for agricultural, commercial, domestic, fisheries, industrial or
recreational uses, and all practical technical precautions have been taken
to prevent the entry of the harmful substance to other waters so as to avoid
the risk set out in article 40(2)(b)(viii), or
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(b) in respect
of the re-injection into the same aquifer, following prior investigation, of
water used for geothermal purposes, water pumped out of mines or quarries or
water pumped out for civil engineering works.”.
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DATED this 12th day of February, 1999.
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DAN WALLACE,
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Minister of State at the Department of the Environment
and Local Government.
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EXPLANATORY NOTE.
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(This note is not part
of the Instrument and does not purport to be a legal interpretation.)
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These Regulations amend
Part VI of the Local Government (Water Pollution) Regulations, 1992. The purpose
is to extend the application of certain water quality standards under those
Regulations to a wider range of functions performed by local authorities,
the Environmental Protection Agency and An Bord Pleanala under the Local Government (Water Pollution)
Acts, the Environmental Protection Agency Act, 1992 and the Waste Management
Act, 1996 .
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