2.4Controls on Discharges to the Water Environment

2.4Controls on Discharges to the Water Environment

Overview:

In this section you will learn about Controls on Discharges to the Water Environment.

We will start with an introduction into the environmental impacts relating to water and a few key definitions, before examining the principal agreements and protocols relating to water. We shall then identify the legislation affecting the management of natural water resources and the controls on discharges. Finally we shall review the operational implications of the above.

Learning Aims:

At the end of this section you should be able to:

Explain in general terms the key agreements, protocols, EC directives/ regulation, UK controls/policies, and understand the role of the regulators.
Explain the operational implications of key controls e.g. water quality standards, cost implications of discharges to sewers, issues relating to site drainage.
Demonstrate an awareness of likely future developments.

Expected study duration:

4 hours.

Index:

1.Environmental Impacts Relating to Water

2.Definitions relating to Water

3.Agreements and Protocols

3.1Maropol Convention

3.2European Strategy on Water

4.EC Directives and Regulations

4.1Water Framework Directive (WFD)

4.1.1UK Technical Advisory Group (UKTAG)

4.1.2The Implementation of the WFD in the UK

4.2Groundwater Directive (2006/118/EC)

4.3Other Directives

5.UK Policies and Controls

5.1UK Water Strategy

6.Water Legislation in the UK

6.1England and Wales

6.2Scotland

6.3Northern Ireland

7.Role of the Regulator

8.Water Quality Standards

9.Operational Implications of Water

9.1Water Discharges to Controlled Waters

9.2Discharges to Sewers:

9.3Water Abstraction

9.4Works Near Watercourses

10Future Developments

1.Environmental Impacts Relating to Water

Without food a person can live for weeks, but without water you can expect to live only a few days.

Water is essential to sustain life and therefore we must protect out natural water resources.

Water environments, including rivers, lakes and the sea are a natural resource of significant importance, in terms of social, economic and natural heritage.

Water Pollution

Less than 1% of the world's fresh water is available to humans. That’s 0.007% of all water on earth!

All of our natural water environments are affected by human activity, including atmospheric deposition, diffuse non-point sources, direct point-source discharges and accidents. Some waters are used for the disposal of sewage, agricultural and industrial wastes, which must be controlled.

Almost any solid, liquid or gaseous substance entering surface waters or ground waters could cause pollution. This includes chemicals, waste process water, trade effluents, fuels, hot water, rainwater run-off from construction sites and oils.

According to the Environment Agency, in 2007 there were 522 pollution incidents that had a serious impact on water quality.

Water as a Scarce Resource

In the developed world, it is common for each person to use 160 litres of water every day. In the developing world, 10 litres is more usual, with people having to walk many miles each day to carry water home.

Population growth, rapid urbanisation, changing lifestyles and economic development has led to increasing pressure on water resources everywhere. Today over 1 billion people lack access to safe drinking water, over 2.4 billion people do not have adequate sanitation, and 2.2 million people in developing countries, most of them children, die every year from preventable diseases associated with lack of access to safe drinking water, inadequate sanitation and poor hygiene.

We use about 100,000 litres of water in our homes each year:

A bath uses about 80 litres of water.
Washing machines use an average of 100 litres a cycle.
Watering the garden with a sprinkler uses 1,000 litres an hour.

River Quality

The quality of water is a key indicator of how we look after our environment. Poor water quality can have a negative impact on human health, biodiversity and the recreational value and usage of watercourses. River Quality has significantly improved since 1990, as demonstrated by the graphs below:

Source: http://www.environment-agency.gov.uk/research/library/data/58818.aspx

Source: http://www.environment-agency.gov.uk/research/library/data/58820.aspx

The ecological status of surface waters and quantitative status of groundwater in England and Wales, 2007:

Source: http://www.environment-agency.gov.uk/research/library/data/58821.aspx

Bottled Water

According to a 2001 report of the World Wide Fund for Nature (WWF), roughly 1.5 million tons of plastic are used in the bottling of 89 billion liters of water each year. The energy required to manufacture and transport these bottles is considerable.

It takes 5,680 litres (1,500 gallons) of water to process one barrel of beer.
It takes 450 litres (120 gallons) of water to produce one egg.
To process one chicken we need 44 litres (11.6 gallons) of water.
To process one can of fruit or vegetables we need 35 litres (9.3 gallons) of water.
About 25,700 litres (6,800 gallons) of water are required to grow a day's food for a family of four.
It takes 7,000 litres (1,850 gallons) of water to refine one barrel of crude oil.
To manufacture new cars 148,000 litres (39,000 gallons) of water are used per car.

Source:

2.Definitions relating to Water

Between 70 and 75 percent of the earth’s surface is covered with water.

Controlled Waters

Controlled Waters are defined in Section 30A of the Control of Pollution Act 1974 and in Section 104 of the Water Resources Act 1991, as:

Relevant territorial waters - the waters which extend seaward for three miles.
Coastal waters - any waters which are within the area which extends landward from those baselines as far as:
the limit of the highest tide
in the case of the waters of a river - the fresh-water limit of the river or watercourse together with the waters of any enclosed dock which adjoins waters within that area
Inland freshwaters - the waters of any relevant lake or pond or of so much of any relevant river or watercourse as is above the fresh-water limit.
Ground waters - any waters contained in underground strata.

In Scotland, Section 3 of the Contaminated Land (Scotland) Regulations 2005 [SI no. 658] have replaced the term Controlled Waters with "water environment".

Watercourse:

A watercourse is defined in the Land Drainage Act 1991 as including “all rivers and streams and all ditches drains, cuts, culverts, dikes, sewers (other than public sewers within the meaning of the Water Industry Act 1991) and passages, through which water flows”.

The Act does not state that water must flow through the watercourse at all times to be a watercourse.

Main River:

Main rivers are usually larger streams and rivers. However, they do include smaller watercourses of local significance. A main river is a watercourse marked as such on a main river map, as determined by DEFRA (Department of Environment, Food & Rural Affairs). This is an official document.

Ordinary Watercourse:

An ordinary watercourse is every river, stream, ditch, drain, cut, dyke, sluice, sewer (other than a public sewer) and passage through which water flows and which does not form part of a main river.

The Local Authority, or Internal Drainage Board where relevant, has powers for ordinary watercourses that are similar to those that the Environment Agency has for main rivers.

Surface Water:

Surface waters include rivers, lakes, lochs, loughs, reservoirs, ponds, streams, canals, ditches, coastal waters and estuaries.

Groundwater:

Groundwater is the top level of water that is stored underground, in the saturated zone.

More fresh water is stored under the ground in aquifers than on the earth’s surface.

Groundwaters:

Ground waters include groundwater as well as water above the saturated zone. This is all water contained underground.

The following definitions are contained in the Groundwater Regulations 1998 [SI No. 2746]:

Direct Discharge:

“The introduction into groundwater of any substance in list I or II without percolation through the ground or subsoil.”

Groundwater:

“All water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.”

Highway Drain:

"A drain which a highway authority or other person is entitled to keep open by virtue of section 100 of the Highways Act 1980[10].”

Road Drain:

A drain which a roads authority is obliged or entitled to keep open by virtue of section 31 of the Roads (Scotland) Act 1984[11].”

Indirect Discharge:

“The introduction into groundwater of any substance in list I or II after percolation through the ground or subsoil.”

Pollution:

“The discharge by man, directly or indirectly, of substances or energy into groundwater, the results of which are such as to endanger human health or water supplies, harm living resources and the aquatic ecosystem or interfere with other legitimate uses of water.”

List I Substances:

Substances listed in Schedule 1 of the Groundwater Regulations. A substance is in list I if it belongs to one of the following families or groups of substances:

(a) Organohalogen compounds and substances which may form such compounds in the aquatic environment.

(b) Organophosphorus compounds.

(d) Substances which possess carcinogenic, mutagenic or teratogenic properties in or via the aquatic environment (including substances which have those properties which would otherwise be in list II).

(e) Mercury and its compounds.

(f) Cadmium and its compounds.

(g) Mineral oils and hydrocarbons.

(h) Cyanides.

A substance is not in list I if it has been determined by the Agency to be inappropriate to list I on the basis of a low risk of toxicity, persistence and bioaccumulation.

List II Substances:

Substances listed in Schedule 2 of the Groundwater regulations. A substance is in list II if it could have a harmful effect on groundwater and it belongs to one of the following families or groups of substances:

a) the following metalloids and metals and their compounds:

Zinc / Chromium / Tin
Copper / Lead / Barium
Nickel / Selenium / Beryllium
Boron / Arsenic / Cobalt
Uranium / Antimony / Thallium
Vanadium / Molybdenum / Tellurium
Titanium / Silver

b) Biocides and their derivatives not appearing in list I.

c) Substances which have a deleterious effect on the taste or odour of groundwater, and compounds liable to cause the formation of such substances in such water and to render it unfit for human consumption.

d) Toxic or persistent organic compounds of silicon, and substances which may cause the formation of such compounds in water, excluding those which are biologically harmless or are rapidly converted in water into harmless substances.

e) Inorganic compounds of phosphorus and elemental phosphorus.

f) Fluorides.

g) Ammonia and nitrites.

A substance is also in list II if it has been determined by the Agency to be inappropriate to list I and it has been determined by the Agency to be appropriate to list II having regard to toxicity, persistence and bioaccumulation.

3.Agreements and Protocols

The oceans hold 97% of the world's water while 2% of it is frozen in the polar ice caps.

3.1Maropol Convention

The MARPOL Convention is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. It is a combination of two treaties adopted in 1973 and 1978 respectively and updated by amendments through the years.

The International Convention for the Prevention of Pollution from Ships (MARPOL) was adopted on 2 November 1973 at IMO and covered pollution by oil, chemicals, harmful substances in packaged form, sewage and garbage. The Protocol of 1978 relating to the 1973 International Convention for the Prevention of Pollution from Ships (1978 MARPOL Protocol) was adopted at a Conference on Tanker Safety and Pollution Prevention in February 1978 held in response to a spate of tanker accidents in 1976-1977. (Measures relating to tanker design and operation were also incorporated into a Protocol of 1978 relating to the 1974 Convention on the Safety of Life at Sea, 1974).

As the 1973 MARPOL Convention had not yet entered into force, the 1978 MARPOL Protocol absorbed the parent Convention. The combined instrument is referred to as the International Convention for the Prevention of Marine Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), and it entered into force on 2 October 1983 (Annexes I and II).

The Convention includes regulations aimed at preventing and minimizing pollution from ships - both accidental pollution and that from routine operations - and currently includes six technical Annexes:

Annex IRegulations for the Prevention of Pollution by Oil.

Annex IIRegulations for the Control of Pollution by Noxious Liquid Substances in Bulk.

Annex IIIPrevention of Pollution by Harmful Substances Carried by Sea in Packaged Form.

Annex IV Prevention of Pollution by Sewage from Ships.

Annex VPrevention of Pollution by Garbage from Ships.

Annex VIPrevention of Air Pollution from Ships (entry into force 19 May 2005).

States Parties must accept Annexes I and II, but the other Annexes are voluntary.

Source:

The total amount of water on the earth is about 326 million cubic miles of water.

3.2European Strategy on Water

The earth is a closed system - it rarely loses or gains extra matter. The same water that existed on the earth millions of years ago is still present today.

At the 2002 World Summit for Sustainable Development in Johannesburg (WSSD), the EU launched a Water Initiative (EUWI) designed to contribute to the achievement of the Millennium Development Goals and WSSD targets for drinking water and sanitation, within the context of an integrated approach to water resources management.

EUWI state that policies for sustainable development must address the need for equitable and sustainable management of water resources in the interests of society as a whole. The EU is committed to contribute to achieving the following international goals:

To halve by 2015 the proportion of people who are unable to reach or afford safe drinking water and the proportion of people who do not have access to adequate sanitation.
To establish national water resource management plans by 2005.

The EUWI is based on a participative multi-stakeholder approach. Various strategic partnerships in specific regions draw together government, civil society, private sector and other stakeholders. A number of working groups has been established. Working groups have either a regional/thematic focus (e.g. Water Supply and Sanitation in Africa) or they concentrate on cross-cutting issues (e.g. Research, Finance). An advisory board and a steering group ensure coherence of all EUWI activities.

The main focus of the Water Initiative is to:

Reinforce political will and commitment to action.
Promote improved water governance, capacity-building and awareness.
Improve the efficiency and effectiveness of water management through multi-stakeholder dialogue and coordination.
Strengthen coordination through promoting river basin approaches.
Identify additional financial resources and mechanisms to ensure sustainable financing.

The EUWI is an innovative attempt to focus increased attention on water-related issues, embracing a broad selection of stakeholder interests and concerns, for purposes of social and economic development and protection of the environment.

Further information is available on the following website:

4.EC Directives and Regulations

Usable water is found in groundwater aquifers, rivers, and freshwater lakes.

4.1Water Framework Directive (WFD)

The WFD came into force on 22 December 2000, and was put into UK law (transposed) in 2003. It is considered to be the most substantial piece of EC water legislation to date. The WFD has replaced several different pieces of water legislation:

Replaced by the end of 2007

Surface Water Abstraction Directive - 75/440/EEC
Exchange of Information on Surface Water Decision - 77/795/EEC
Surface Water Abstraction Measurement / Analysis Directive - 79/869/EEC

To be replaced by the end of 2013

Freshwater Fish Directive - 78/659/EEC
Shellfish Waters Directive - 79/923/EEC
Groundwater Directive - 80/68/EEC
Dangerous Substances Directive - 76/464/EEC

The aims of the WFD are to:

Enhance the status (and prevent further deterioration) of aquatic ecosystems and associated wetlands.
Promote the sustainable use of water.
Reduce pollution of water, especially by ‘priority’ and ‘priority hazardous’ substances.
Reduce groundwater pollution.

The European Commission state that the WFD will result in a healthy water environment achieved by taking due account of environmental, economic and social considerations. In addition, compliance with the Directive will help prevent further deterioration in the quality of inland and coastal waters and will promote sustainable water consumption.

The WFD requires that all inland and coastal waters within defined river basin districts must reach at least good status by 2015. This includes both surface waters, such as rivers, lakes and coastal waters, and groundwater, that is all water below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil. The WFD defines how this should be achieved through the establishment of environmental objectives and ecological targets for surface. The WFD requires that for each river basin district, the relevant competent authority:

Defines what is meant by ‘good’ status by setting environmental quality objectives for surface water and groundwater.
Identifies in detail the characteristics of the river basin district, including the environmental impact of human activity.
Assesses the present water quality in the river basin district.
Undertakes an analysis of the significant water quality management issues.
Identifies the pollution control measures required to achieve the environmental objectives.

An important feature of the Directive is that it encourages active public consultation and involvement in the decision-making process. Interested parties must be consulted about the pollution control measures, the costs involved and the benefits arising.

The WFD has a timetable for its implementation, as demonstrated in the table below:

Water Framework Directive’s implementation timetable:
Date / Action
22 December 2000 / Directive entered into force (article 22)
22 December 2003 / bring into force the laws, regulations and administrative provisions necessary to comply with the Directive (article 24)
identify competent authority (article 3)
22 June 2004 / provide Commission with list of competent authorities (article 3)
22 December 2004 / for each district, complete analysis of characteristics of the surface and groundwaters, review the environmental impact of human activity (industry, farming etc) and prepare economic analysis of water use (article 5)
establish register or registers of protected areas (articles 6 and 7)
22 December 2005 / In the absence of agreement at Community level, of criteria for identifying significant and sustained upward trends in groundwater pollution and for the definition of starting points for trend reversals, Member States to establish appropriate criteria (Article 17(4)) In the absence of criteria at national level, trend reversal is to start at 75% of quality standards applicable to groundwater in existing Community legislation (Article 17, 5)
22 December 2006 / make operational monitoring programmes to ensure comprehensive view of water quality status within each river basin district (article 8)
publish and consult on a timetable and work programmes for the production of river basin management plans for each river basin district (article 14)
in the absence of agreement at Community level, for substances included on the first priority list (see article 16), member states to establish environmental quality standards for all surface water affected by discharges of those substances and controls on principal sources of discharges (same obligation to apply 5 years after subsequent inclusion of a priority substance in the list, in the absence of Community agreement) (article 16)
22 December 2007 / publish and consult on an interim overview of significant water management issues for each river basin district (article 14)
22 December 2008 / publish and consult on drafts of the river basin management plans (at least 6 months to be allowed for comments in all the above cases) (article 14)
22 December 2009 / establish programmes of measures in each river basin district in order to deliver environmental objectives (article 11)
publish first river basin management plan for each river basin district, including environmental objectives for each body of surface or groundwater and summaries of programmes of measures (article 13)
2010 / ensure proper water pricing policies are in place (article 9)
22 December 2012 / make operational programmes of measures in each river basin district to deliver environmental objectives (article 11)
interim progress reports to be prepared on progress in implementing planned programmes of measures (article 15)
22 December 2015 / main environmental objectives to be met (article 4)
22 December 2015 and every six years thereafter / review and update plans (with same consultation and interim reporting arrangements described above) (articles13,14 and 15)
Source: http://www.defra.gov.uk/environment/water/wfd/pdf/wfdtimetable.pdf
© Crown Copyright

The following have been designated competent authorities for the UK: