European Communities (Quality of Shellfish Waters) Regulations 2006 S.I. No. 268 of 2006 Regulation 6 Action Programme Inner Bantry Bay, Co. Cork. Date Designated: 1994 under the Quality of Shellfish Waters Regulations (S.I. No. 200 of 1994, as amended by S.I No. 459 of 2001). These Regulations have now been replaced by the European Communities (Quality of Shellfish Waters) Regulations, 2006 (S.I. No. 268 of 2006). Boundaries: The designated shellfish area of Inner Bantry Bay at the head of the bay covers the area of approximately 1100ha, east of an imaginary line due south from Ardnamanagh South on the mainland to Whiddy Point East on Whiddy Island, and from Cusroe on Whiddy Island due south to the mainland near Dromclough, to the high water mark, with the exclusion of Bantry Harbour. The attached map shows boundaries, discharge points, and aquaculture licensed sites. The area shown on the attached map corresponds to the area shown on the Map of Record associated with S.I. No. 268 of 2006. Sampling and Analysis: Sampling point is within a 50m radius of 098 110E 049 380N (Lat. 51 41 17 N, Long. 09 28 26.7 W). Bord Iascaigh Mhara (BIM) has been tasked by the Minister for Communications, Marine and Natural Resources (CMNR) with undertaking the sampling and monitoring regime required under the Directive and the Regulations. This is carried out in conjunction with the Marine Institute (MI). Responsibilities of Public Authorities: The Minister for CMNR is primarily responsible for ensuring implementation of the terms of the Directive and the implementing Regulations. For this purpose the Shellfish Waters Management Committee (SWMC) has been established by the Minister for CMNR (see section on “Review of Programme” below). Regulation 4 of S.I. No. 268 of 2006, inter alia, places an obligation on every public authority that has functions, the performance of which may effect shellfish waters, to perform its functions in a manner that promotes compliance with the Directive and the Regulations, and to take such actions that will secure compliance with the Directive and the Regulations and with this action programme. The “prescribed public authorities” are those listed in Schedule 1 to S.I. No. 268 of 2006 and are consulted by the Minister for CMNR in establishing and reviewing this action programme, and in investigating any instances where the designated waters fail to comply with mandatory standards. Some of the “prescribed public authorities” are also represented on the SWMC. Description of Area: Bantry Bay in the South West of Ireland is approximately rectangular with a longitudinal axis aligned in a 30˚ - 210˚ direction. The entrance lies at the south western end and has direct exposure to the Atlantic. It is 34km long and its width varies from 8 to 0.5 km. Depths at the northern end of the bay are up to 25 metres, but on the whole average 10 metres, with a tidal range of 1.4 – 3 metres. The catchment is dominated by parts of the Caha and Sheehy mountain ranges, and covers approximately 23,900ha. The bedrock is Old Red Sandstone, often exposed in places, and there are a number of boulder and pebble beaches along the shore. There are three main rivers entering the designated area, the Coomhola, the Owvane and the Mealagh. Together they make up approximately 50% input to the freshwater entering the entire bay. Water quality in each is moderately good to good, according to EPA monitoring. Tourism, aquaculture and agriculture are among the larger commercial activities in the area. There is also an oil terminal on Whiddy and a quarry in Adrigole, as well as house building and redevelopment associated with this thriving area. Population: The population of the catchment is approximately 5,300. There are 3,150 people living in Bantry town. The remainder (approximately 2,150), lives in the rural areas of the catchment. Sewage Collection Systems: The sewage from Bantry Town is collected near the town square, macerated and pumped out 100m west of main pier, within the designated area. There is also an older sewage system which collects from some of the older buildings in the town and this is piped out 100 meters east of the main pier; this is a relatively small flow in comparison. The DEHLG is awaiting revised contract documents from Cork County Council for the treatment plant under the Bantry Sewerage Scheme. It is likely that tenders will be invited in late 2006, with the plant being commissioned in late 2008. Septic Tanks: The population of the remainder of the catchment is approximately 2,150. These use standalone septic tank systems, not connected to the town sewers. The village of Ballickey (population <200) is due to install a secondary wastewater treatment with disinfection system. The Electoral Districts that border the designated area of Bantry Bay cover an area of 9,149 hectares. The population of these Districts is 5,006, of which 3,150 live in areas serviced by centralised sewage systems. The remaining 1,856 which lives in the Electoral Districts adjacent to the designated area represent a population density of 0.2 per hectare. The geology of the catchment is a mix of sandstone and volcanic rocks. Neither is a good aquifer. Development: Bantry town is a thriving business and tourist town, and as such there is sustained pressure for housing, tourist accommodation and for premises for light industry. To have planning permission granted for one-off housing, it is necessary to show that the soil conditions on the site are suitable for the purpose. There must be adequate percolation to make the use of a septic tank efficient, and these tanks must be sited an adequate distance from water courses to minimise the risk of contamination of water bodies. Agriculture: Farming in the area is mostly small scale, low density sheep and cattle farming, and forestry. Sheep numbers in the South west region have been reduced by 16% between 1995 and 2004, reducing their potential impact on water quality. Cattle numbers have decreased by 2% in the same interval. With the advent of decoupling of headage payments this number is expected to fall further in the immediate future. More generally, S.I. No. 788 of 2005 (European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2005) will significantly enhance measures for the protection of waters from potential pollution from agriculture. Whiddy Oil Terminal: The oil terminal on Whiddy Island, within 1km of the designated area, is operated by Bantry Terminals Limited, part of the multinational Phillips Group. It continues to provide storage facilities for the Irish strategic oil reserve and for output from offshore oil fields in Irish coastal waters, and is developing a commercially viable oil storage/ transhipment operation. The oil is stored in large tanks held on the Terminal's 350 acre site on the island, where there is capacity to hold 1 million tonnes. The Single Point Mooring on the north side of Whiddy is capable of handling tankers of between 35,000 and 320,000 tonnes. Smaller vessels of up to 4,500 tonnes can be berthed at the jetty in the Small Craft Harbour to the south-west of the island and this is generally used for the loading of refined products. There is an ongoing programme of environmental sampling and monitoring by the Environmental Protection Agency and Bantry Terminals Ltd., to ensure that activity at the Terminal does not pose a significant threat to the environment Adrigole Quarry: One of the largest quarries in Ireland is located on the north side of the Bay at Leahill, close to Adrigole, approximately 10km from the designated area. This coastal quarry, which is operated by Tarmac Fleming, has estimated mineral reserves of up to 120 million tonnes. It began operations in 1991, and produces quartzitic sandstone used principally in construction of road surfaces. It has a quarry licence issued by Cork Co. Council, but no emissions to water or sewer are allowed under the licence. In 2002 production was approx. 600,000 tonnes. Shellfish Activity: Longline mussel culture was adopted locally in the 1970’s, and now covers 200 ha. Average production between 2000 and 2004 was 2479 tonnes per annum. Most of this production is processed in two factories further up the Bay, greatly enhancing its value and providing further employment. In addition to this a few small boats fish for shellfish in the Inner harbour landing approximately 50 tonnes annually, the main species include shrimp, prawns, scallops, crabs and periwinkles. Classification: Sites within Bantry Bay are variously classified ‘A’ and ‘B’ for mussels and sea urchins in accordance with the European Communities (Live Bivalve Molluscs) (Health Conditions for Production and Placing on the Market) Regulations, 1996 (S.I. No. 147 of 1996). Summary of Total Discharges (all types) in relevant catchment area relating to Designated Shellfish Area. Discharge Type No. Discharging directly into area No. Discharging in a 5km radius No. Discharging in a 5-10Km radius No. Discharging in a 10-20Km radius 1 Nil 1 Nil 3 Nil Nil Nil Nil 1 1 Nil 1 Nil Nil Nil 1 Nil 3 Nil 2 Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Untreated Sewage IPPC Section 4 Section 16 Treatment Plant CSO Drainage Other Assessment of Compliance Results from sampling over the past 12 months shows that the area is in compliance for parameters 1-9. Organohalogen levels have been below the limit of detection. The level of faecal coliforms recorded exceeded the Guide value in the Directive in 50% of samples over the past 12 months. The waters do not therefore meet the Guide value. Risks /Actions regarding Discharges Type: Untreated Sewage Discharge Ref. Bantry Level of treatment Untreated Pop. Equ. /Volume Not known Responsible Authority Cork County Council Risks/Actions and Timescale Action: In WSIP to commence construction of a secondary treatment plant in 2007. Indicative timeframe for completion and the plant becoming operational is 2008. Issues: A revision of the Contract Documents is awaited by DEHLG as well as the additional Local authority documentation, Marginal Cost Report etc. Foreshore licence application being processed by DCMNR. Type: IPPC Discharge Ref. Bantry Terminals Ltd. IPC No. 419 Level of treatment Not Applicable Pop. Equ. /Volume No licensed volumetric flow limit Responsible Authority Environmental Protection Agency Risks/Actions and Timescale Issue: Ongoing Risk of Hydrocarbon pollution needs to be monitored. Oil Spill Contingency Plan is in place to deal with any pollution incidents. No specific action required at this time. Type: Section 4 Discharge Licence Discharge Ref. Westlodge Hotel Marino Hostels Ltd. Level of treatment Biocycle Sewpac SAM system Pop. Equ. /Volume Not known 12 m3/day Responsible Authority Cork County Council Cork County Council Risks/Actions and Timescale Issue: Licence is under review by Cork Co. Co. due to changes to treatment (possibly to cater for expanded capacity). Action: BIM has requested copy of reviewed licence. BIM to liaise with Cork Co Co on ongoing monitoring data. Issue: Cork Co. Co. currently reviewing monitoring and compliance with licence conditions. Action: BIM to liaise with Cork Co Co on licence review and ongoing monitoring data. Type: Waste Water Treatment Plant Discharge Ref. Bantry Bantry Terminals WWTP Level of treatment Preliminary Secondary Pop. Equ. /Volume 3150 inc hospital 50 Responsible Authority Cork County Council Cork County Council Risks/Actions and Timescale Action: In WSIP to commence construction of a secondary treatment plant in 2007. Indicative timeframe for completion and the plant becoming operational is 2008. Issues: A revision of the Contract Documents is awaited by DEHLG as well as the additional Local authority documentation, Marginal Cost Report etc. Foreshore licence application being processed by DCMNR. No specific action called for. BIM to liaise with Cork Co Council regarding ongoing monitoring data. Discharges assessed as not having an impact on water quality in designated area Discharge ref. Glengarriff housing Scheme Garinish Island Visitors centre Fastnet Mussels Bantry Bay Seafoods Glengarriff Eagle Point Caravan Park Dowlings Caravan Park O’Sheas Caravan Park Type Untreated Sewage Section 4 Section 4 Section 4 WWTP Septic Tank Secondary Treatment Secondary Treatment Secondary Treatment Reason for Discounting Distance from Designated Area Distance from Designated Area Distance from Designated Area Distance from Designated Area Distance from Designated Area Distance from Designated Area Distance from Designated Area Distance from Designated Area Other Actions: ● Ballylickey is mainly served by septic tanks at present. The village has been included in the WSIP to commence construction of a secondary treatment plant in 2007, with the plant becoming operational in 2008. Foreshore licence application from Cork County for ballylickey Sewerage Scheme being processed in DCMNR. This application needs to be processed as a matter of urgency to ensure that it does not delay delivery of scheme. Continued monitoring of water quality within the designated area. Continued liaising between all relevant agencies to ensure that information is up to date, accurate and available to all interested parties. Review of Programme This action programme will be managed by the SWMC consisting of representatives of the Minister for Communications, Marine and Natural Resources, the Minister for the Environment, Heritage and Local Government, the Minister for Agriculture and Food, BIM, the Environmental Protection Agency (EPA) and the M.I. Other public authorities, as relevant to the particular geographical area encompassed by the programme, may also be represented. This programme will be reviewed every six months. Comments, suggestions etc. can be relayed to the Coastal Zone Management Division, Department of Communications Marine and Natural Resources, Leeson Lane, Dublin 2, tel: 6782000, fax: 6782159, or e-mail foreshore@dcmnr.gov.ie. Key: IPPC – Integrated Pollution Prevention and Control Licence issued by the Environmental Protection Agency under the Environmental Protection Agency Act, 1992. Section 4 – a licence issued by the relevant local authority under Section 4 of the Local Government (Water Pollution Act), 1977 for the discharge of trade effluent or sewage effluent to waters. Section 16 - a licence issued by the relevant local authority under Section 16 of the Local Government (Water Pollution Act), 1977 for the discharge of any trade effluent or other matter (other than domestic sewage or storm water) to a sewer. CSO – Combined Storm Overflow. WSIP – Water Services Investment Programme. DEHLG – Department of the Environment, Heritage and Local Government. DCMNR – Department of Communications, Marine and Natural Resources. 26 May 2006