Implementation plan for the Council Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture IMPLEMENTATION PLAN FOR THE COUNCIL DIRECTIVE 86/278/EEC ON THE PROTECTION OF THE ENVIRONMENT, AND IN PARTICULAR OF THE SOIL, WHEN SEWAGE SLUDGE IS USED IN AGRICULTURE I. Responsible Ministry (division of responsibilities) Responsible Ministry: Ministry of Environment (ME) Co-operating Ministry: Ministry of Agriculture (MA) Ministry of Health (MH) Division of responsibilities (under the wording of the valid Jurisdictional act No. 2/1969, Coll.): ME and MA – implementation and enforcement of the Directive, independent revision of the content of hazardous substances in sewage sludge ME and MA – independent revision of the heavy metal content in soil MH – revision of sewage sludge pursuant to pathogenic micro organisms Responsibility for implementation: Mrs.Vlastimila Mikulová, Head of the Waste Management Department, ME (DWM) Expert responsible: Mrs. Pavla Červová II. Main objectives of the Directive to regulate the use of sewage sludge from the domestic or urban and similar wastewater treatment plants and of sewage sludge of similar composition in agriculture to prevent harmful effects on soil, vegetation, animals and man or harmful effects on environment encouraging the correct use of sewage sludge in agriculture (Article 1 of the Directive) It is necessary to mention simultaneously a benefit of the Directive for conditioning of soil and for enrichment of soils with nutrients, and indirectly a benefit pursuant to reducing demand on the disposal of waste. III. Plan for meeting the requirements of the Directive Pursuant to the Article 3 of the Directive it is necessary not to infringe directives 75/442/EEC and 91/689/EEC. Therefore it is necessary first of all to confront the plan for meeting the requirements of this Directive with the plans for meeting the requirements and for implementation of the above mentioned directives, particularly pursuant to the establishment of the authorities responsible for the implementation of the requirements of the Directive and to the ensuring of control of C6 1 Implementation plan for the Council Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture the hazardous substances content of sewage sludge and of soils, and to the obligation to keep records for the competent authorities, particularly according to the point I – responsible ministry. In Czech legislation this is linked to the meeting of the requirements of the Act on Waste No. 125/1997 Coll. or of the legislation intention of the new Act on Waste and of the Act No. 157/1998 Coll. on Chemical substances and chemical preparations and on Modifications of Some other Acts, concerning the content of hazardous elements in the soil and relevant inspection. In order to ensure the directive implementation it is necessary, immediately after the establishment of competences of the above mentioned ministries, to start preparation of measures to create an environment for mutual concern of the main stakeholders, i.e. sewage sludge producers at one side and farmers – customers, that use sludge, at the other side. A. Main requirements of the Directive 1. Regulation of the use of sewage sludge, i.e. an establishment of conditions for of use of sewage sludge from domestic or urban and similar WWTP (wastewater treatment plants) and of sewage sludge of similar composition after its pre - treatment or under unambiguous conditions (Article 3 and 6 of the Directive), the use of untreated sludge if it is injected or worked into the soil; pursuant to the needs of the plants, to the protection of surface and ground water and quality of soil (Article 5 and 8 of the Directive) 2. Establishment of values for concentrations of heavy metals in soil to which sludge is applied, concentrations of heavy metals in sludge and the maximum annual quantities of such heavy metals which may be introduced into soil intended for agriculture (are laid down in the Annexes IA, IB and IC – Article 4 of the Directive). 3. Prohibition of the use of sewage sludge a) on grassland or forage crops if the grassland is to be grazed or the forage crops to be harvested a certain period. This period shall under no circumstances be less than three weeks (Article 7 of the Directive) b) on soil in which fruit and vegetable crops are growing, with the exception of fruit trees (Article 7 of the Directive) c) on soil where the concentration of one or more heavy metals exceeds the limit values laid down in compliance with Annex IA (Article 5) d) on conditions, which would be in contrary with the other national legal regulations on the protection of the environment 4. Ensuring keeping records and data collection to meet needs of the competent state authorities (Article 10 of the Directive) 5. Ensuring that information are provided on the composition of sewage sludge to the users of sewage sludge (Article 6 and 11 and Annex IIA of the Directive) 6. Ensuring that analyses of sewage sludge and of soil where sewage sludge is applied to are made(Annex IIA and IIB), unifying the procedures of sampling, pretreatment and of analysis of sewage sludge and soil according to Annex IIC of the Directive (Article 9 of the Directive) 7. Ensuring revision of proposals of measures in compliance with technical and scientific progress (Article 13 of the Directive) 8. Laying down provisions which will lead to reduction of pathogen micro organism (specification and revision of decree in compliance with the requirement of the Directive in next stage) C6 2 Implementation plan for the Council Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture 9. Horizontal requirements: 9.1. Specifying competences of the CEI (Czech Environmental Inspection), CISTA (Central Institute for Supervising and Testing in Agriculture), following the competences of the ministries taking part in the process, it means mainly independent revision and issuing of authorizations for use of sewage sludge, authorization, accreditation of laboratories including a list of their activities following from the implementing decree 9.2. Representation of CR in the Commission for modifications of the Directive 9.3. Collecting data concerning the implementation of the Directive and reporting to the Commission B. Plan for implementation of the requirements 1. Requirements connected to the framework Directive a) Summary of the objective Sewage sludge coming from wastewater treatment plants is a useful source of nutrients and because of that its application on agricultural soils may be very advantageous. The sewage sludge may contain some hazardous substances, contingently some pathogen micro-organisms since wastewaters from other polluters come into the same drainage network as does waste from households. Legal and administrative arrangements to this problematic area on the basis of gradual development of an interest on use of sewage sludge in agriculture (including inspection) is a primary precondition for the implementation of the Directive. b) Identification of implementation steps 1. Laying down and dividing competences (responsibilities for use of the sewage sludge) among the ministries concerned ME is the body of state administration responsible for waste management under both current legislation and the newly adopted legislation intention of Act on Waste. ME, MH a MA are responsible for the implementation of the Directive under the prepared new Act on Waste, which was submitted to the government for approval in June 2000, and in cooperation with MH and MA it ME prepares an implementing decree 2. Adoption of an implementing decree to the new Act on waste In co-operation ME, MH and MA are preparing implementing decree, which will regulate use of sewage sludge from domestic or urban WWTP and also from similar WWTP Note: With regard to hitherto experiences a cooperation of the above-mentioned ministries is necessary during drawing up and finalising of pertinent implementing decrees to the new Act. Preparatory phase of the implementation Laying down and dividing competences Responsibility: ME Date: 06/2000 C6 3 Implementation plan for the Council Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture Other stages – see the framework Directive on Waste Meeting the requirements 1-8 of the Directive a) Summary of the objective It is necessary in case of regulation of use of sewage sludge from domestic or urban and similar wastewater treatment plants to draw up implementing decrees – decree to the new Act on Waste covering the mentioned requirements of the Directive The implementing decree shall contain: b) conditions for use of sewage sludge including the duties of producer to draw up a programme for use of sewage sludge on agricultural land requirement on monitoring of sewage sludge and soil preceding use of sewage sludge in agriculture permitted amount of sewage sludge per unit area of agricultural soil indicators for evaluation of soil upper boundaries for concentration of selected compounds in soil maximum admissible concentration of selected hazardous elements and substances in sewage sludge limits of amounts of hazardous substances that can be put into the soil in 10 years time period microbiological criteria for a sewage sludge application requirements on keeping of records Identification of implementation steps Preparatory phase of implementation Modification and finalising of the implementing decree on use of sewage sludge in agriculture Responsibility: ME Date: 10/2000 Analysis of the actual composition of sewage sludges in CR with respect to the amount of data and composition of sewage sludge; analysis and evaluation of ability of producers to use the sewage sludge in agriculture from the point of technological processing of sewage sludge 1. Evaluation of current composition of sewage sludge in regions with regard to the amount of sewage sludge produced and evaluation of possibility of agricultural use from the technical-economical point of view 2. Checking the technologies for sewage sludge treatment in big wastewater treatment plants in stages according to the size and regions 3.Determining economic impacts connected with the implementation of the requirements of the Directive (06/2000) Responsibility: ME (WRI - Water Research Institute T.G.M.) in cooperation with MA Date: 11/2001 C6 4 Implementation plan for the Council Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture Implementation phase specification of the implementing decree on the basis of analysis of the current state of sewage sludge problem with regard to the stage of monitoring, recording and archiving of necessary data, either for competent authorities or for users of sewage sludge. Analysis should be updated regularly in the initial phase Responsibility: ME Date: 12/2002 to state the initial possibilities for use of all the sewage sludge in agriculture in both the plan for waste management on national level and regional level to create such conditions as to encourage interest for use of sewage sludge in agriculture to create conditions to support construction or reconstruction of technological process of sewage sludge processing from wastewater treatment plants so that the quality of such treated sewage sludge, that is used in agriculture, improves. Revision phase Periodical revision of the objectives – in the first phase annually Responsibility: ME in cooperation with MA Date: systematic all the time Periodical providing of data (collection, storage, assessment) Responsibility: ME in cooperation with MA Date: systematic all the time Revision of the proposed decree on use of sewage sludge in agriculture on the basis of finished research projects NAZV (National Agency for Agricultural Research) – stabilisation and sanitation of sewage sludge, CUA (Czech University of Agriculture Prague) - possibilities of immobilisation and transformation of hazardous elements in soil and the intake by plants, and on the basis of other study research works according to the Article 13 of the Directive. Responsibility: ME Date: 12/2002 Enforcement Laying down and implementing inspection and enforcement system – amendment of the implementing decree to the proposal of Act on Waste – the respective subjects shall be sanctioned under the law for exceeding the limits laid down by the decree Responsibility: ME in co-operation with MA Date: 01/2003 Laying down economic tools to support the implementation objectives Responsibility: MA, ME Training and information activity, awareness Responsibility: ME (WRI), MA, universities, research institutes Date: all the time C6 5 Implementation plan for the Council Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture Reporting Reporting to the Czech competent authorities Responsibility: ME Date: 01/2002 Reporting to the European Commission (EC) Responsibility: ME Date: after accession to EU 9. Horizontal requirements 9.1. Defining competencies of Czech Environmental Inspectorate, CISTA, following from the competences of the ministry taking part in the process, necessity of authorisation, accreditation of laboratories Responsibility: ME Date: 01/2002 9.2. 9.3. Representation of CR in the Commission for modifying the Directives Collecting data concerning the implementation of the Directive and reporting to the Commission Responsibility: ME Date: after accession to EU IV. Requirements to the date of accession Considering the mutual linkages between aspects of the implemented Directive it is necessary for its successful application to meet the following requirements: transposition of the Directive on protection of environment and especially of soil during use of sewage sludge in agriculture, into the national legislation adoption of new Act on Waste and of pertinent implementing decrees adoption of new Act on water supplies and sewerage systems adoption of new Act on Waters submission of the report to the Commission V. Current state Problem area of sewage sludge from wastewater treatment plants is currently covered only generally in the Act on Waste No. 125/1997 Coll. (section 3/4 of this act). In the current Act, sewage sludge, its treatment and definition of its use in agriculture is not exclusively defined. Problem area of use of sewage sludge on agricultural soil is partially covered by the Act on Protection of Agricultural Land Resources No. 334/1992 Coll. In the Czech Republic sewage sludge from wastewater treatment plants is stored (35-45%), then follows recycling with major uses in agriculture or for re-cultivation (50-60%), and incineration (5-10%). C6 6 Implementation plan for the Council Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture 1. Content of sewage sludge Content of sewage sludge and further necessary data from wastewater treatment plants for evaluation of economic application of sewage sludge in agriculture are not systematically observed and data are not archived, available are only some data and only from larger municipal wastewater treatment plants, similarly there are no available data on technological equipment for mechanised draining of sewage sludge of some wastewater treatment plants 2. Use of sewage sludge Use of sewage sludge from wastewater treatment plants at present – a very uncoordinated and uncontrolled activity, which is harmful to the environment 3. Heavy metals Limit values for input of heavy metals into soil are not yet laid down by any decree VI. Identification of problem areas, proposed measures 1. Content of sewage sludge proposed solutions: adoption of above mentioned legal regulations on the basis of which the necessary data shall be obtained 2. Use of sewage sludge proposed solutions: see above mentioned further it shall be necessary to lay down economic tools for use of sewage sludge in agriculture offer financial support to the producers in order to fully equip wastewater treatment plants to the respective level for sewage sludge treatment 3. Heavy metals proposed solutions: proceed with revision and amendment of implementing decrees in 2nd stage on the basis of the analysis of collected data VII. Identification of stakeholders and their involvement in the approximation process Stakeholder 1 In 1st stage only wastewater treatment plants (WWTP) larger than 5000 PE (population equivalent) are concerned – are obliged to proceed with monitoring of sewage sludge content at own expenses (hazardous compounds and pathogen organisms), to keep records on the doses and uses of sewage sludge and to submit the necessary information to the users of sewage sludge, to provide information on the quality of soil on which they intend to apply sewage sludge Stakeholder 2 concerns farmers who intend to use sewage sludge at their plots of land Stakeholder 3 economic subjects who are using sewage sludge for construction and for re-cultivations C6 7 Implementation plan for the Council Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture VIII. Institutional, material and personnel needs Presumed requirements on the state budget resulting from implementation if this Directive are covered in the Implementation plan of the Directive on Waste 75/442/EC. More specific solution shall be covered in the project PHARE CZ 9811-02-02 Implementation/Investment Strategies for EC Waste Directives. IX. Costs and financial resources Presumed requirements on state budget coming from the personnel strengthening are covered in the Implementation plan of the Directive on Waste 75/442/EC. c) Table of other financial requirements on state budget Purpose Proceeding with analysis, monitoring d) Time period Allocation date Yearly 01/2002 Justification of the values Estimate Table of requirements on investment into private sectors Purpose Analysis, monitoring X. Amount (mil. CZK) 15 Amount (mil. CZK) 15 Time period Allocation date Yearly from 01/2002 Justification of the values Estimate Economic impacts Are not specified, narrower specification of economic and investment impacts shall be covered in PHARE CZ 9811-02-02 Implementation/Investment Strategies for EC Waste Directives XI. Project identification A. Existing / Approved projects: Phare CZ 9811-02-02 Implementation/Investment Strategies for EC Waste Directives B. Planned projects: Phare 2000 – Waste Management Centre C6 8 Implementation plan for the Council Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture List of Acronyms CEI CISTA CR CUA CZK DWM MA MH ME NAZV PE WRI WWTP C6 Czech Environmental Inspection Central Institute for Supervising and Testing in Agriculture Czech Republic Czech University of Agriculture Prague Czech crown Department of Waste Management of ME Ministry of Agriculture Ministry of Health Ministry of Environment National Agency for Agricultural Research Population Equivalent Water Research Institute Wastewater Treatment Plant 9