Waste Water Discharge (Authorisation) Regulations, 2007

• Jurisdiction: Ireland
• Citation: IR SI 684/2007

INDEX

PART I

GENERAL

1. Citation and commencement

2. Purpose of regulations

3. Interpretation

4. Prosecution of offences

PART II

DUTIES ON WATER SERVICES AUTHORITIES AND THE AGENCY

5. Duties on a water services authority

6. Duties on the Agency

7. Alternative objectives

8. Prior requirement in relation to waste water works common between authorities

PART III

NOTICES AND REVIEW BY AGENCY OF LICENCES

9. Notice of intention to apply to the Agency for a licence or for the review of a licence

10. Notices in newspapers

11. Site notices

12. Further notice

13. Notice to the relevant authority

14. Review by the Agency of a licence

PART IV

APPLICATION FOR A LICENCE OR FOR THE REVIEW OF A LICENCE

15. Making of an application to the Agency

16. Contents of an application for a licence or for the review of a licence

17. Certain applications to be accompanied by an environmental impact statement

18. Procedure on receipt of an application

PART V

CONSIDERATION OF LICENCE APPLICATIONS BY AGENCY

19. Submissions to the Agency regarding applications

20. Further information

21. Notice to certain public authorities and bodies

22. Matters in an environmental impact statement to which the Agency shall have regard

23. Defrayal or contribution towards costs of investigations and enforcement

PART VI

APPLICATION FOR A CERTIFICATE OR FOR THE REVIEW OF A CERTIFICATE

24. Application for a certificate or for the review of a certificate

25. Procedure on receipt of an application

26. Review of a certificate

27. Defrayal or contribution towards cost of certificate functions of the Agency

PART VII

GRANTING OF LICENCES AND CERTIFICATES

28. Deciding on an application for a licence or a revised licence

29. Conditions attaching to licences, including those necessary to give effect to certain provisions of Community Acts

30. Deciding on an application for a certificate or a revised certificate.

31. Conditions attaching to certificates, including those necessary to give effect to certain provisions of Community Acts

32. Surrender or revocation of a certificate

33. Clerical or technical amendments to licences and certificates

34. Questioning of decision of Agency

35. False or misleading information or failure to provide information

36. Register

37. Injunctive relief

PART VIII

FEES AND MISCELLANEOUS

38. Fee for application for a licence or certificate

39. Fee for application for a review of a licence or of a certificate

40. Powers of authorised persons

41. Limitation of Act of 2000

42. Transitional provision

43. Consideration of proposals by planning authorities and An Bord Pleanála

44. Consultation by planning authorities and An Bord Pleanála

45. Discharges requiring licensing under Foreshore Acts

46. Funding of capital works

47. Revocation

S.I. No. 684 of 2007

WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th October, 2007.

WHEREAS, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, having regard to section 3 (3) of the European Communities Act 1972 (as inserted by section 2 of the European Communities Act 2007 ) (hereinafter referred to as the Act of 1972), consider it necessary for the purpose of giving full effect to Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community 1 and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy 2 to make provision for offences under the following regulations to be prosecuted on indictment:

AND WHEREAS, I consider that it is necessary, having further regard to section 3(3) of the Act of 1972, and for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following regulations are effective, proportionate and have a deterrent effect, having regard to the acts or omissions of which the offence consists, to make such provision in the following regulations:

NOW THEREFORE, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by the European Communities Act 2007 (No. 18 of 2007) and for the purpose of giving further effect to Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community1 and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy2, hereby make the following Regulations:

PART I GENERAL

Citation and commencement

1. (1) These Regulations may be cited as the Waste Water Discharge (Authorisation) Regulations 2007.

(2) These Regulations shall come into operation with immediate effect.

Purpose of the Regulations

2. (1) The purpose for which these Regulations are made is to prevent and reduce the pollution of waters by waste water discharges by giving effect to Article 6 of the Dangerous Substances Directive and includes the purpose of implementing the following measures required under the Water Framework Directive—

(a) measures required to achieve the environmental objectives established under Article 4(1)(a), 4(1)(b) and 4(1)(c) of that Directive in relation to surface waters, groundwater and protected areas;

(b) measures required in accordance with the requirements of Article 7(2) and 7(3) of that Directive to ensure the necessary protection of bodies of water used for the abstraction of drinking water;

(c) measures required in accordance with Article 16(1) and 16(8) of that Directive with the aim of progressively reducing pollution of surface waters by priority substances and the ceasing or phasing out of emissions, discharges and losses of priority hazardous substances;

(d) measures required in accordance with the requirements of Article 17(1) of that Directive to prevent and control pollution of groundwater; and

(e) measures adopted in accordance with the provisions of Article 22(3)(b) of that Directive applying, for the purpose of Article 6 of the Dangerous Substances Directive, the principles for the identification of pollution problems and the substances causing them, the establishment of quality standards and the adoption of measures laid down in the Water Framework Directive.

(2) The Regulations have the purpose of giving effect, in relation to discharges, losses and emissions of pollutants from waste water works, to the obligation under Article 11(3)(g) of the Water Framework Directive requiring prior regulation of point source discharges liable to cause pollution.

(3) These Regulations further include the purpose of giving effect to measures required under the following Directives—

(a) The Birds Directive 3 ;

(b) The Groundwater Directives 4 ;

(c) The Drinking Water Directive 5 ;

(d) The Urban Waste Water Treatment Directive 6 ;

(e) The Habitats Directive 7 ;

(f) The Bathing Water Directive 8 .

Interpretation

3. In these Regulations, save where the context otherwise requires,—

“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000) as amended;

“Agency” means the Environmental Protection Agency;

“agglomeration” means an area where the population or economic activities or both are sufficiently concentrated for a waste water works to have been put in place;

“application” means—

(a) in Parts III, IV and V an application by or on behalf of a water services authority for a licence or for the review of a licence and includes the furnishing of documentation and information to the Agency under Regulation 14(7)(a),

(b) in Part VI an application by or on behalf of a water services authority for a certificate or for the review of a certificate and includes the furnishing of documentation and information to the Agency under Regulation 24, and

(c) in Parts II, VII and VIII an application by or on behalf of a water services authority for a licence or certificate or for the review of a licence or certificate;

“authorisation” means, in the case of an agglomeration specified in column (1) of Schedule 2, a licence, and in all other cases, a certificate;

“authorised person” means a person who is appointed in writing by the Agency to be an authorised person for the purposes of Regulation 40;

“body of surface water” means a discrete and significant element of surface water such as a lake, reservoir, stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water;

“body of groundwater” means a distinct volume of groundwater within a subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater;

“certificate” means a certificate authorising a discharge by or on behalf of a water services authority from an agglomeration not specified in column (1) of Schedule 2;

“combined approach”, in relation to a waste water works, means the control of discharges and emissions to waters whereby the emission limits for the discharge are established on the basis of the stricter of either or both, the limits and controls required under the Urban Waste Water Regulations, and the limits determined under statute or Directive for the purpose of achieving the environmental objectives established for surface waters, groundwater or protected areas for the water body into which the discharge is made;

“Dangerous Substances Directive”...