Environment law update: Water 7

United Kingdom

Nitrates

The Nitrate Vulnerable Zones (Additional Designations) (England) (No 2) Regulations 2002 (SI 2002 No 2614) came into force for the majority of provisions on 18 October 2002. They revoke and replace the Nitrate Vulnerable Zones (Additional Designations) (England) Regulations 2002 (SI 2002 No 2525) which contained an error to their commencement date. Otherwise, the new regulations are identical to those that they superseded. Regulation 11 came into force on 19 December 2002. The new Regulations designate additional nitrate vulnerable zones and make other provisions for the purpose of implementing the Directive on the protection of waters against pollution caused by nitrates from agricultural sources (91/676/EEC) and apply to England only. Digital maps designating the additional nitrate vulnerable zones, a description of the methodology used to identify those zones and a regulatory impact assessment are all available from DEFRA.
(SO, 15 October 2002)

Water Framework Directive

A second consultation paper on the implementation of the EU Water Framework Directive (2000/60/EC) has been issued by DEFRA. It is aimed at developing some of the issues raised during the first consultation, summarising the responses and providing the Government’s response. The Directive requires all inland and coastal waters to reach ‘good status’ by 2015. It will involve establishing river basin districts for which water quality and ecological targets will be set. The latest consultation covers a wide range of issues such as diffuse pollution, water abstraction, discharge consents and wetlands, and sets out how the Government plans to transpose the Directive. The EA is to be given a central role in implementing the Directive, including duties to co-ordinate the production of river basin management plans. Responses to the consultation were requested by 21 January 2003. There are plans for a third and final consultation to be conducted in 2003, which should contain draft regulations. The Directive has to be transposed by December 2003, with implementation deadlines up to 2015.
(DEFRA, October 2002)

Marine environment

DEFRA is gathering opinions on a strategy for the conservation of marine environments in a consultation paper entitled ‘Seas of Change’. It follows the publication of the Government’s first marine stewardship report ‘Safeguarding our Seas’, in May 2002. This report contained the outline of the strategy and details of new and ongoing initiatives. The consultation paper is now seeking views on how to develop a practical application of the ecosystem-based approach and how to involve stakeholders in the development of coastal and marine policy. All comments must reach DEFRA by 28 February 2003.
(DEFRA, 14 November 2002)

Water policy

A Government strategy for water policy over the next 20 years has been published. Entitled, ‘Directing the Flow-Priorities for Future Water Policy’, it is aimed at producing an integrated strategy for water. This includes integration with agriculture to reduce diffuse river and coastal pollution; better water management to alleviate flooding, recharge aquifers and increase flow rates of rivers to benefit biodiversity; improve recreational benefits such as swimming and boating; and to ensure that EU legislation on water takes into account the impacts on farming. The document identifies several challenges to be addressed such as pressure on water resources in the South East of England due to the growing population, the risk of shortages of water due to climate change and the need for the UK to play a part in achieving international targets for access to clean water and sanitation in developing countries.
(DEFRA, November 2002)

Urban waste water

A formal record and maps of all water bodies in the UK identified as sensitive areas, under the Urban Waste Water Treatment Directive (91/271/EEC) has been made available. It sets out the statutory requirements for identifying such waters, UK obligations under the legislation and what this means in terms of improving sewage treatment to protect these areas from adverse environment impacts. The Directive and the implementing legislation require that all significant discharges are treated to at least secondary treatment - a biological treatment process using bacteria to breakdown the biodegradable matter in waste water. The booklet, available from DEFRA, is the second in 2002 about sewerage treatment in the UK.
(DEFRA, October 2002)

OFWAT forward programme

A third draft forward programme for OFWAT covering the period 2003 – 04 to 2005 – 06 has been published by OFWAT. Over this period, OFWAT will be focusing on setting prices, and it recommends that the forward programme should be read in conjunction with the draft methodology paper ‘Setting Price Limits for 2005 – 10: Framework and Approach: A Consultation Paper’, published on 15 October 2002. OFWAT’s primary statutory duty is to ensure that companies can finance and carry out their functions, while protecting customers. The major issues which it intends to address over the coming year, apart from the possible Water Bill, include periodic review on its approach to price setting, competition proposals, strengthening customer representation and issues raised in relation to the structure of the water industry by mergers and takeovers.
(OFWAT, November 2002)

Underground storage tanks

‘Groundwater Protection Code: Petrol Stations and Other Fuel Dispensing Facilities involving Underground Storage Tanks’ has been published by DEFRA. Such codes can be approved under the Groundwater Regulations 1998 (SI 1998 No 2746) where a particular activity could result in the pollution of groundwater. The code is aimed at those involved in the design, construction, operation, management and decommissioning of underground storage tank facilities in retail and non retail situations. It will also be used by the EA to ensure compliance with the Groundwater Regulations. Although petrol retail stations are the main target of the code, it is also applicable to underground storage facilities at airports, farms, ports, railway depots, scrap yards, vehicle depots and other industrial, commercial and domestic premises. The storage of liquefied natural gas or liquefied petroleum gas is outside the scope of the code, as is the storage of hydrocarbons in above ground tanks.
(DEFRA, November 2002)

Solvents

DEFRA has published a consultation paper seeking views on a draft groundwater protection code of practice for the use of solvents. The Code is intended to provide advice to persons involved with facilities and processes where solvents are used to help ensure compliance with the Groundwater Regulations 1998 (SI 1998 No 2746) and for protecting groundwater. The Code gives advice on all aspects of the use of solvents relevant to groundwater protection, from process design and construction through to decommissioning and demolition, as well as operational matters such as site management, transportation, storage, use and disposal of solvents. It is not intended to cover health and safety issues or non-groundwater environment issues as these are covered by other regimes, codes and guidance. Any comments must reach DEFRA by 20 March 2003.
(DEFRA, 19 December 2002)

Competition

Watergrid, a commercial venture aimed at supplying water services to industrial, commercial and property development customers, has been launched. It brings together British Waterways, AWG, Bristol Water Holdings and Partnership’s UK, a public private partnership sponsored by the Government to take forward and expand the work of the treasury taskforce in developing PPPs. Watergrid is expected to invest £135 million over the next 10 years in developing the national water company. It will now work on combining British Waterways network of inland waterways with other water recourses around the country to supply customers with sustainable water solutions.
(HM Treasury Press Release, 25 November 2002)

Sewage works

Comments are being invited on options to control odours from sewage treatment works in a consultation paper issued by DEFRA. At present the resolution of problems due to smells relies on co-operation between the water company, the local authority, the EA, industry bodies and local groups to reach an agreement for action. However, when this does not happen, there is no means of enforcing compliance with standards. Odour from public treatment works cannot be dealt with by local authorities under the EPA 1990, as they are not deemed ‘premises’ under the Act, as determined by case law. The following four options are proposed in the consultation paper: introducing a voluntary code of practice providing guidance for all stakeholders to agree a resolution to odour problems; extending the statutory nuisance regime under the EPA 1990 to include odour and other nuisances from sewage treatment works; utilising LAPPC which would require sewage works to obtain a permit incorporating the use of best available technique (BAT); and extending the IPPC regime so that permits would contain conditions relating to odour control if odours were considered to be significant. Responses to the consultation are due by 28 March 2003.
(DEFRA, December 2002)

European Union

Bathing water

The European Commission has published its proposal for a new Bathing Water Directive to replace the existing Directive (1976/160/EEC). The new proposal is designed to be more flexible in allowing member states to implement improved health standards and to introduce more efficient management of bathing waters including actively involving the public. The main threat to human health is contact with and ingestion of faecal material either from discharged sewage or from animals. The most radical change in the new proposal involve replacing 19 tests for a variety of pollutants by just two measuring bacteria. Water quality will be classed as good if it contains less than 200 intestinal enterococci and 500 E.coli per 100 millilitres. If fewer than 100 intestinal enterococci and 250 E.coli are found, the water will be classed as excellent. These classifications correspond to the mandatory and guideline values of the current Directive. In addition, the proposed Directive advocates that an assessment should be made at each bathing site of any likely sources of contamination, and a management plan should be drawn up to minimise the risks to bathers. Where the risks are found to be significant then preventative measures could be taken to close the bathing site at certain times. It is proposed that the new measures should come into force two years after the adoption of the Directive.
(COM (2002) 581, 24 October 2002)

Figures on UK coastal bathing waters have shown that the microbiological quality of these waters is now better than ever. Almost 99% of the 482 bathing areas monitored reached the mandatory bathing water standard in 2002. Just over 78% of those areas surveyed complied with the more stringent guideline standards. The Government is now pledging to improve the quality of bathing water further, particularly by addressing diffuse pollution, especially from livestock and fertiliser applied to agricultural land.
(EA News, 11 November 2002)

Marine conservation

The European Commission has launched a strategy to protect and conserve the marine environment. It comes in a Communication addressed to the Council of Ministers and the European Parliament, and is part of the new sixth Environment Action Programme which stipulates the development of a thematic strategy for the protection and conservation of the marine environment. The strategy calls for an integrated approach to marine protection and reviews the current state of the marine environment and the legal framework for its protection. The Communication identifies the pressures on the marine environment as commercial fishing, oil and gas exploration, shipping, water borne and atmospheric deposition of dangerous substances and nutrients, waste dumping and physical degradation of habitat due to dredging and extraction of sand and gravel. Several measures are proposed to combat these threats and include development by 2005 of a new marine species and habitats protection programme to be integrated into the EU Habitats Directive (92/43/EEC). Eutrophication, caused by excessive inputs of nutrients, is also to be addressed. This is mainly from agricultural and urban sources though atmospheric deposition of NOx from sea going ships may also be significant. Several other proposed actions are also mentioned such as reviewing emissions of radioactive material and greater control of illegal oil discharges.
(COM (2002) 539, 2 October 2002)

International

Marine pollution

Regulations for the prevention of pollution from sewage discharged from ships will enter into force in September 2003. This follows the ratification by Norway of Annex IV of MARPOL 73/78 Convention on Marine Pollution. The requirements will apply from entry into force for most new ships but not until 2008 for most existing ones. The Annex sets out in detail how sewage should be treated and the circumstances in which discharge into the sea may be allowed. It requires parties to the Convention to provide adequate reception facilities for sewage and contains a model International Sewage Pollution Prevention Certificate to be issued by National Shipping Administrations to ships under their jurisdiction. The legislation will have no effect in the EU as a Directive on Port Reception Facilities for Ship Waste (2000/59/EC) was due to be implemented by member states on 28 December 2002. The Convention is administered by the International Maritime Organisation (IMO), which is the United Nations Agency with the responsibility for the safety of shipping and the prevention of marine pollution by ships.
(IMO News, October 2002)

For further information please contact Paul Sheridan on +44(0)20 7367 2186 or at [email protected]