Water Seminar – 14 April 2010, Athlone
European Communities environmental
objectives (Groundwater) Regulations 2010
S.I. 9. of 2010
Colin Byrne
Water Inspector
Department of the Environment Heritage and Local
Government
Why new Groundwater Regulations ?
• Framework for an Integrated European Water Policy
• Water Framework Directive (2000/60/EC)
+ “Daughter” Groundwater Directive (2006/118/EC)
• 1990’s – EU recognised need for further action to protect all
freshwater resources
• Old Groundwater Directive (80/68/EEC)
• limited in scope
• focussed on the control of emissions of substances from
industrial and urban sources
Integrated water protection policy
• For the first time •Groundwater and surface water management integrated
•Groundwater is to be protected for;
• its environmental value
• as a valuable resource with multiple uses
•Groundwaters must be:
• characterised
• monitored
• classified
• have objectives established
• protected and, where necessary, improved
Preparation of the new Groundwater Regulations
• Public consultation (July-August 2009)
• 17 submissions
• Generally positive
• Introduction of dates for delivery, issues beyond scope, some errors
• Key issue – concept and application of Threshold Values
• Groundwater Regulations signed by Minister in January 2010
The new Groundwater Regulations (SI 9 of 2010)
• The purpose of the regulations is to;
• establish a new strengthened regime for the protection of
groundwater, by:
1. Establishing clear environmental objectives to be achieved
within specified timeframes, and
2. Introducing the legal basis for a more flexible, proportionate
and risk-based approach to implementing the legal obligation to
prevent or limit inputs of pollutants into groundwater.
• Technically complex
Content of Groundwater Regulations
• Environmental objectives for groundwater
• General duties on public authorities and other persons
• Duty on the EPA to classify groundwater bodies
• The assessment of groundwater quantitative status and chemical
status
• The identification of upward trends in pollution and the definition of
starting points for trend reversal
• Report to be prepared by the EPA and information to be contained in
river basin management plans
• Miscellaneous provisions
Environmental objectives for groundwater
Groundwater objectives
Good Status
Protect & restore
Quantitative
Groundwater
level regime
Reverse trends
of increasing pollution
Chemical
Concentration of
pollutants
Conductivity
Take account of water uses
Drinking water
Surface waters
Natura 2000 - Wetlands
Prevent or Limit
pollutant inputs
to prevent pollution
Classification of groundwater quantitative status
Classification of groundwater chemical status
Impacts on groundwater body
Impacts on dependent receptors
How is groundwater chemical status assessed ?
• Standards – Nitrate and Pesticides (EU wide)
• Threshold Values (TVs) – established for Ireland
•Pollutants causing risk
(18 inorganics and metals, 14 pesticides, 7 organics)
•TVs are trigger values that prompt further investigation
•Exceedance of TVs alone do not cause water bodies to fail
•TVs take account of receptors
• Drinking waters, surface waters, Natura 2000 wetlands
•TVs subject to review and change (EPA role to recommend to
Minister)
Test 1. No Saline Intrusions
• Key concept: Trends in Electrical Conductivity
(EC) or Chloride.
Note: Intrusion must be caused by abstraction
• Threshold Values: Set at the upper limit of the
natural background range (EC – 800 µS/cm,
Chloride – 24 mg/l)
• The conditions for good chemical status are
not met when:
• TVs are exceeded and
• there is either a significant and sustained rising trend
at relevant monitoring points or abstractions rendered
unsuitable for use
Test 2. No significant impact on surface water objectives
• Key concept: Assessing whether the chemical
inputs from groundwater are significantly
contributing to failing SW bodies
• Threshold Values: Surface water quality
standards (SI 272 of 2009)
• The conditions for good chemical status are
not met when:
• SW Body “less than good” status, and
• TVs exceeded in GW, and
• GW contribution to SW ≥ 50% surface water EQS
Test 3. No significant impact on Natura 2000 wetlands
• Key concept: Is the concentration of pollutants in
a groundwater body causing significant damage to
a terrestrial ecosystem that is directly dependent
on the groundwater body?
• Threshold Values: No TVs developed to date.
• The conditions for good chemical status are
not met when:
• There is evidence of significant damage to a Natura
2000 wetland caused by pollution and
• the pollutants responsible for that damage are judged
to have reached the wetland via groundwater.
Test 4. Quality of untreated groundwater sources of drinking water
• Key concept: Assessed at the point of abstraction.
Is there a deterioration in GW Quality that could lead
to a need for increased purification/treatment ?
• Threshold Values: 75 % of DW Standards.
• Example: Nitrate TV = 37.5mg/l (Note: The TV is a
mean concentration)
• The conditions for good chemical status are not
met when:
• A threshold value is exceeded and
• there is a significant and sustained rising trend in one
or more key parameters at the point of abstraction
Test 4. Quality of untreated groundwater sources of drinking water
Example: Nitrate in groundwater (TV = 37.5 mg/l NO3, mean)
Trend over time
Variation within one year
70
100.00
60
Durrow PWS
80.00
60.00
40.00
20.00
0.00
1995
Data
Sen's estimate
50
99 % conf. min
99 % conf. max
40
95 % conf. min
95 % conf. max
30
Residual
20
10
2000
2005
2010
-20.00
2015
2020
2025
0
Jan Feb Mar Apr May Jun
Jul
Aug Sep Oct
Year
Annual mean = 48 mg/l NO3
Nov Dec
Test 5. Ability of water body to support human uses
• Key concept: Assessment of wide scale problems
• Assess the magnitude and areal extent of problem
• Only for nitrates, pesticides & other pollutants related to
risk
• Threshold Values: % of the EU prescribed standards
for nitrates and pesticides or a use-related standard
that is appropriate for existing or planned use of the
GW body
• The conditions for good chemical status are not
met when:
• The aggregated average concentration of a
representative group of Monitoring Points exceeds a TV,
and
• Evidence confirms that there is a significant impairment
to the ability of the groundwater to support human uses
Identify and reverse increasing pollution trends
• EPA to identify significant and sustained upward trends in
pollutant concentrations and define starting point for reversing
• EPA may issue a direction to a public authority on measures to
be taken to reverse upward trends
Prevent and limit pollutant inputs
• All point source discharges and diffuse sources liable to cause pollution
must be controlled by prior authorisation, in order to;
• Prevent inputs of Hazardous substances
• Limit inputs of other pollutants so as to avoid pollution impacts
• All direct discharges (i.e. without percolation) are prohibited. Some
limited exceptions where subject to prior authorisation and conditions
Prevent and limit pollutant inputs
• Some pollutant inputs may be exempted from prevent and limit
requirement and need for control under a prior authorisation;
• Insignificant quantities
• Inputs where it is technically not possible to prevent/limit without;
• causing increased risks to human health or the environment, or
• in the case of contaminated land, it would be disproportionately costly
• Accidents and natural events that could not be foreseen
• EPA to establish rules under which these categories may be exempted
• EPA to keep an inventory of exemptions
Prevention and control of groundwater pollution
• Existing authorised inputs to be reviewed by December 2012
• Water Pollution Acts
• Environmental Protection Agency Acts
• Waste Management Act
• Waste Water Authorisation Regulations 2007
• EPA may issue advice and/or give directions to a public authority or
authorities concerned on the measures to be taken
• EPA may review and update existing systems of pollution control; direct
a public authority to do so; identify other areas/activities requiring new
system of pollution control and prepare where necessary
• Revised pollution prevention and control regime by Dec. 2013
Conclusions
• Regulations technically complex
• Assessment of groundwater status more complex than in
the past but more relevant and accurate
• Obligations on public authorities to comply with regulations
• EPA central to;
• classifying groundwater
• identifying risks to groundwater
• reviewing existing groundwater pollution prevention and control regimes,
identifying necessary changes and bringing about changes
Thank you