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Waste Water and Air Legislation (Legislators and Agencies (Oireachtas …
Waste Water and Air Legislation
Enforcement Policy
Air
Monitorisation, assessment and protection of air
quality in Ireland is controlled by the EPA and local authorities
Ireland proposed a National Emissions Reduction Plan
(NERP) under the Large Combustion Plants Directive
(2001/80/EC) regarding the limitation of emissions of certain
pollutants into the air to address emissions from
‘existing plant’.
Nitrogen Oxide
Carbon Dioxide
Sulphur Dioxide
Volatile Organic Compund
Greenhouse Gas Enforcement
The EU Emissions Trading Scheme (ETS) is a ‘cap and
trade’ scheme where participating installations are given
a free allocation of CO2 allowances each year and must either abate CO2 emissions to that level or purchase allowances to meet any exceedance
Water
'Local Government (Water Pollution) Acts 1977'
Effluent discharge licences
Prior to January 1st 2014, the local authorities (city and county councils) were responsible for issuing effluent discharge licences for effluents discharged to sewers, under the provisions of Section 16 of the (Water Pollution Act) 1977
A discharger may still however apply for an effluent discharge license issued under Section 16 of the (Water Pollution Act) 1977 as if granted by the licensing authorities.
The license obtained from the licensing authorities relates to the discharge of effluent to 'waters'.
'Waters' are comprised of the following
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Lakes
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Estuaries
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Streams
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Groundwaters
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Rivers
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'Water Services Act 2007 - 2013'
Effluent discharge licences
It is currently the responsibility of Irish Water to issue effluent discharge licences for effluents discharged to sewers under the provisions of Section 7 of the Water Services (No.2) Act 2013
A discharger must apply for a specific license relative to where they plan to discharge effluents
License to discharge to municipal sewers
License application
Discharger must specify volume, flow, main contaminants and levels in an application for a license, along with drawings of site with drainage systems and outflows.
An effluent discharge license outlines conditions which typically specify...
The monitorisation of the quality of wastewater and flow
The maximum volume permitted per day and per hour
The standard of wastewater discharge that is permitted
The record keeping and requirements for reporting
The pollution control equipment, operation and maintenance
The input of measurements for spill prevention
The annual charges that defray the local authority's cost for inspection and monitorisation
Any other conditions relevant to circumstances
A prescribed fee for the application is paid by the discharger
Waste Water and Air
Office of Environmental Enforcement
(OEE)
Establishes policy framework that the OEE uses when enforcing environmental legislation.
Principles of Enforcement
Transparency
Entails monitoring records and reports, site inspection reports, audit reports, warning letters, Statutory Notices or such other correspondences in relation to enforcement actions undertaken by the OEE which are then made available for inspection at the relevant office
The OEE actively communicate significant enforcement actions that are taken against polluters and will publish annually a report on the work carried out by the office
Targeting
Generally, the OEE focuses its direct actions on top priority issues and investigates the most offensive cases of pollution, though minor offenses do not go ignored
The OEE develops a system in order to gather information from members of the public regarding unauthorised environmental activities
Consistency
An aim of the OEE is to achieve consistency in its response to pollution and other environmental incidents by utilising its use of powers and decisions on whether or not to prosecute
Polluter Pays Principle
The OEE support the notion that activities or persons that inflict environmental damage are held financially accountable for their actions
The OEE petitions the courts in order to impose sanctions which ensure that offenders do not derive any economic benefit from violation of environmental law
Proportionality
An incident that breaches regulatory requirements that causes serious environmental damage or which interferes with people's enjoyment of the environment, results in an enforcement action taken by the OEE which will be proportionate to the risks posed to the environment
The OEE's priority is to prevent harm to the environment before it occurs or to stop it from continuing
The OEE is an Office within the Environmental Protection Agency (EPA) that is dedicated to the implementation and enforcement of environmental legislation all across Ireland
Office of Environmental Enforcement is responsible for...
Auditing and reporting the performance of the local authorities in their environmental protection roles, which include the enforcement in respect of breaches of waste permits, taking affirmative action on illegal dumping, implementing waste collection permits, and the enforcement of producer responsibility initiatives upon areas such as packaging waste
Taking appropriate action against local authorities who are not adequately discharging their environmental protection functions
Enforcing Integrated Pollution Prevention and Control licences, along with waste licences and Urban Waste Water Discharge licences
Prosecute, or assist local authorities in prosecution, significant breaches of environmental protection legislation in a time appropriate manner
Raising awareness on the importance of enforcement of environmental protection legislation.
Assisting local authorities in improving their environmental protection performance on a case by case basis, by establishing an enforcement network in order to promote information exchange and best practice, along with providing guidance.
Improving overall compliance with environmental protection legislation.
Licence Enforcement
The enforcement work carried out by the Office of Environmental Enforcement (OEE) comprises of auditing and inspecting licensed sites to assess compliance and environmental performance, the sampling and assessment of emissions, along with the provision of guidance and information on best practice.
Legislation
Waste Water
The Local Government (Water Pollution) Act, 1977.
The Local Government (Water Pollution Amendment) Act, 1990.
Amends and extends the 1977 Act
Improves water quality standards
Changes the legislation of provision of the waste water licences.
Used in cases where the Integrated Pollution Prevention Control cannot be applied. Thus, control of water pollution in Ireland is exercised through the city and county councils.
Dublin City Council
Various county councils
Affects
Fisheries
Farming / Agriculture
Industry
Each body discharging waste water must apply for a licence.
Waste water discharge to public waters include:
Estuaries
Lake
Streams
Ground water
River
Licences are only granted in situations of:
The presence of premises in the local authority's functional area that involves the discharge of waste water.
The discharge of waste water into the functional area of a local authority.
How do you apply for a licence?
An application is sent to the local authority.
A fee is paid
It is important to consult with the local authority pollution control officers before submitting an application for a licence. The local authority must determine if there is a large enough capacity to accept additional waste water in the functional area.
A local authority can also decline a licence to a body if they deemed the body unable to meet a water quality standard.
A licence is declined in situations of:
Discharge from marine structures or vessels
Discharge from a sewer
The subject of regulations under the subsection (10) of the Local Government Act 1977.
Licences are typically granted under the following conditions:
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A Waste water quality standard
Maximum volume allowance
Waste water and quality control and flow
Record keeping and report requirements
The body is properly equipped to operation and maintain its premises
Measures to prevent spills
Other relevant conditions depending on the circumstances at hand
Licences must be carefully scrutinized to identify any conditions as impractical or unreasonable to implemented by the body.
If the conditions are deemed to be unacceptable, changes can be made through an appeal with An Bord Pleanàla within a month of the receipt of the licence.
Local authorities must also respect any international agreements, such as the Paris Agreement, when authorizing licences.
Any costs incurred by the local authorities in treating any discharge by a body is then incurred as a fee to said body. These fees are implemented based on the conditions set out by licences provided by said local authorities.
Water Framework Directive of 2000
European Union law which aims to protect the quality of water as well as improve it throughout the European Union territories.
Waste Water Discharge (Authorisation) Regulations Act of 2007
Based on local authorization of which bodies requires a licence to discharge water into the sea.
Air
Air Pollution Act of 1987
It was originally conceived as a countermeasure to the smokeless coal problem in urbanized areas in The Republic of Ireland
Defines "air pollution" as a condition the atmosphere is in, in which the quantity of pollutant present is a danger to the public, as well as flora and fauna, and a liability to public amenities and the environment.
The Air Pollution Act is exercised by the local authorities, and The Minister for the Environment
Affects
Industry
Air quality
Pollutants involved in the legislation
Halogens
VOCs
Odour
Nitrogen oxides
Dust
Sulphur dioxide
Excessc ozone
Benzene
Lead
Various directives supplement the Air Pollution Act
Council Directive of 1999
Outlines the limits of the quantity of sulphur dioxide, nitrogen dioxide, and various nitrogen oxides, particulate matter, and lead present in the atmosphere.
Sets standards required to assess the level of pollution in the atmosphere needed to acquiesce the conditions set out by the Act.
Directive of 2000
Outlines the limits of the quantity of benzene and carbon monoxide in the atmosphere.
Directive was written up to control the levels of certain pollutants that have a very adverse effect on human health.
Directive of 2002
Outlines the long term targets and objectives relating to the level of ozone in the atmosphere.
The directive also relates to the level of volatile organic compounds nitrogen oxides present in the air.
Directive of 2004
Outlines the limits of arsenic, cadmium, mercury, nickel, and polycyclic aromatic hydrocarbons in the atmosphere.
The directive has target aims for the quantities of these pollutants in the air, and it is set as a concentration of benzopyerene.
Only monitoring requirements are outlined for mercury.
The various directives were compiled into the CAFE Directive aiming to improve air quality throughout the European territories.
The CAFE directive was transposed into Irish law.
Directives are set out by the Air Quality Standards Regulations of 2011.
The new directives did not change the air quality standards, although it did introduce new requirements for fine particulate matter present in the ambient air.
Legislators and Agencies
Oireachtas
Seanad
can initiate and revise legislation for some Bills
is a safeguard against legislation being enacted too quickly
revising of legislation sent to it by Dáil Éireann.
President
Dail
TDs
drafting amendments to and examining proposals for new legislation
making either oral or written representations on behalf of constituents to Ministers or Government Departments
contributing to debates on Bills and other important matters
DG Environment
500 staff members
Daniel Calleja Crespo: Director General of the Evironment
Karmenu Vella: Commissioner for Environment Maritime Affairs and Fisheries
This Commission urges policies and legislation that keep air and water clean and ensure proper waste disposal. The Commission also ensures that Member States comply with EU environmental law correctly.
Department of Public Health
The Departments of Public Health contributes expertise and aid on environment and health issues within Ireland. It also works alongside the EPA to contribute air quality in Ireland.
ECJ
The European Court of Justice is the judicial institution of the EU. The ECJ handles disputes between different parties. Another duty of the ECJ is to ensure the European law is interpreted and applied identically in each member state.
EPA
Air and Water
IPPC licensing, waste licensing, administering
the emissions trading scheme, environmental monitoring.
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Air Quality Index for Health
gives advice to people at risk of air pollution on how to protect their health
is based on a scale of 1-10; 10 being air of very poor quality
EEA
This is an agency of the European Union, the EEA’s task is to provide reliable, independent information on the environment for those involved in developing, adopting, implementing and evaluating environmental policy.
Local Authorities
The local authority has an important function in relation to pollution control and animal control. It issues licenses for waste disposal and for emissions into the air from plants. It collects or arranges for the collection of domestic and other waste and it monitors the environment for signs of pollution
They do this through regular testing, which ensures that pollution does not occur or is tackled where it does
The AIC works under the auspices of the local authorities
Companies must register with the competent authority
the company must ensure they have this certificate of compliance and renew it annually for a cost of 50 euro
the company must act in accordance with an annual certificate of compliance issued by the competent authority
