Water Standards

Groundwater

The European Communities (Environmental Objectives Groundwater) Regulations give effect to the Water Framework Directive and the groundwater directive. Public authorities must promote compliance with the regulations. This may include the implementation of measures to prevent pollution, protect and restore groundwater and achieve compliance with standards for protected areas.

Point source discharges and diffuse sources likely to enter groundwater must be controlled to prevent or limit the input of pollutants. The direct discharge of pollutants and hazardous substances into groundwater is prohibited.

• The regulations establish environmental objectives to be achieved. It promotes measures to prevent and limit input of pollutants into groundwater
• prevent deterioration of the status of bodies of groundwater
• protect enhance and restore all bodies of groundwater
• ensure a balance between abstraction and recharge of groundwater with the aim of achieving good groundwater within a particular timeframe
• reverse any significant and sustained upward trend in the concentration of any pollutant resulting from the impact of human activity in order to progressively reduce the pollution of groundwater.

Public authorities must examine the terms of authorisations granted by them and consider whether they need to be reviewed periodically. Less stringent environmental standards can be applied in the case of groundwater bodies which are so affected by human activity or their natural condition that the achievement of prescribed standards would be unfeasible or disproportionately expensive.

Protection of Groundwater

The Protection of Groundwater regulations regulate discharges of dangerous substances by sanitary authorities, which are exempted from licence obligations under the water pollution legislation. It prohibits those authorities from directly discharging certain dangerous substances causing or permitting the direct discharge to an aquifer of effluent containing harmful substances other than in accordance with the EPA licence. They do not apply to discharges which are subject to EPA licensing under other legislation. EPA may attach conditions to the licence.

The EPA was required to classify groundwater bodies according to quantitative and chemical status by 2011 and issue directions to public authorities and measures to be taken to reverse pollution. Breach of the regulations is an offence.

Where the coordinating local authority for the River Basin District, the EPA, the Minister or relevant public authority is of the opinion that a person or body has failed to comply with a function or a duty has been performed in an unsatisfactory manner, it may request a report within a specified period. The body concerned may issue advice and recommendations as it considers necessary or provide assistance and support.

Where it is of the opinion that the response is inadequate, it may direct the person body et cetera to carry out or arrange such action related to its function or duty as it considers necessary. Failure to comply with the direction without reasonable cause allows the EPA, minister or public authority body concerned to ensure compliance and recover the cost from the person concerned. An application may be made to the court directing the person in authority to take the absence to pay the cost if the court considers it appropriate to do so.

Drinking Water Standards

The Environmental Protection Agency can require local authorities and Irish water to provide it with specified monitoring information in relation to water. The Drinking Water Regulations have been made under this power. They are specified standards for quality requirements in relation to water for human consumption.

Essential health quality and health parameters apply with some element of discretion for member states. There are a number of parametric values that must be met. The EPA may grant consent for limited departures from the parametric values within certain bounds and uncertain conditions. .

The water authorities are obligated to take remedial action to restore water quality within time limits in the event of a breach of the parametric values where there is a risk to public health. Requirements may be made of private water suppliers.

The legislation provides more limited obligations for smaller-scale schemes with a supply of less than 10 square cubic metres a day and serving fewer than 50 persons unless it is supplied as part of a commercial or public activity.

There are exemptions where the water supply is for purposes where the water quality has no direct or indirect influence on the health of the consumer concerned.

A local authority must consult with the Minister for the Environment, the EPA, and the coordinating local authority in the relevant River Basin District and any other persons concerned. It must have regard to any recommendations that are made and comply with any directions by the EPA. They must furnish a report to the Department of Agriculture and such other persons as it considers appropriate where the inspection has been carried out and non-compliance has been detected. Local authorities must also furnish a report to the Department of Agriculture and such other persons as it considers appropriate.

Local authorities are required to regulate phosphorus by way of the water quality standards for phosphorus regulations.

Bathing Water

The directives prescribe standards for bathing water. There are certain microbiological and physicochemical parameters and corresponding values which must be met. Procedures and steps must be taken by states to ensure that they are met. If there is a deviation the state is obliged to take action to ensure the water is not back into conformity.

EU rules are implemented by national regulations setting national quality standards for identified bathing areas. The EPA enforce the regulations made by the Minister. Sampling and analysis are required. EPA may grant derogations from standards in certain circumstances where exceptional circumstances arise. Registers of samples must be made available to the public office of the authorities. The blue flag scheme is an indicator of compliance with bathing water standards

Surface Waters

The European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2012 (S.I. No.327 of 2012) set standards for certain priority hazardous substances found in surface water bodies and amend the date by which the first inventory of priority substances is established and the date by which pollution reduction programmes for surface water bodies must be prepared. This is December 22, 2013 and June 22, 2014, respectively.

The 2012 Regulations also include standards for certain priority hazardous substances, including mercury, hexachlorobutadiene, hexachlorobenzene and trifluralin in surface water bodies. The Regulations also revoked the European Communities (Quality of Surface Water Intended for the Abstraction of Drinking Water) Regulations 1989 (S.I. No.294 of 1989).

Other Examples

See also the European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 (S.I. No.296 of 2009), which were made for the purposes of responding to the decision in Commission of the European Communities v Ireland (C-282/02) [2005] E.C.R. I-04653. They set legally binding objectives for water quality in rivers inhabited by the freshwater pearl mussel (Margaritifera margaritifera) and require the Minister to prepare a programme of measures for the attainment of ecological objectives in the appropriate rivers and to publish a sub-basin management plan for each relevant river.

Public authorities which authorise discharges to any of the listed rivers must set down emission limit values that aim to achieve the prescribed ecological quality targets. They must also examine and review existing authorisations. The Regulations enable the Minister, a local authority or the EPA, as the case may be, to advise or direct a person or body to carry out necessary actions.

Marine Pollution

There is separate extensive legislation in relation to marine pollution. Generally, the Department of the Environment is responsible for land-based pollution. The Department of Communications Marine and Natural Resources is responsible for vessel source pollution, dumping at sea, pollution by offshore and foreshore development and aspects of radioactive pollution.

Fisheries

Fish farming requires a licence from the Department of the Marine under the Fisheries Act 1997. Forward conditions may apply to licences for fish farming. There is an appeal to the independent Aquaculture Licence Appeals Board. Regulations may be made requiring the authorisation to be submitted to the EPA for approval.

Environmental impact assessment may be required for fish farms.

Standards for fishing waters are prescribed under EU regulations. There are programs of samplings and analysis to ensure compliance with the standards. The EPA has powers to ensure that local authorities comply with their obligations.

The Fisheries Act and the Water Pollution Act also apply to land-based pollution of the sea.

International Standards

In addition to legislation, local authorities Irish Water, the EPA, and Inland Fisheries Ireland have regard to international standards evolved by bodies such as the World Health Organisation recommendations of the OSPAR Convection