WATER POLLUTION AND WATER QUALITY IEU LAW; OVERVIEW; WATER INDUSTRY ACT 1991; WATER SUPPLY (WATER QUALITY) REGULATIONS

2000; WATER RESOURCES ACT 1991

1

Environmental Law

Water Pollution/Quality2

Water as a ResourceProblemsWater PollutionOver AbstractionWater EfficiencyResource ManagementWhose responsibility?

Water Pollution/Quality3

European Union Water Protection LawOld Directives: Obligation of resultEdinburgh European Council 1992: DeregulationEU Water Policy COM (96) 59: Objectives:secure supply of drinking water;sufficient quality and quantity of water resourcesprotect and sustain good ecological state and

functioning of aquatic environment + meet needs of wetland and terrestrial eco systems and habitats

Water management to prevent/reduce flood impacts and droughts

EU Water Protection Laws4

Two approaches:Environmental quality objectives approach;Emission limit values approachAbandonment of precise provisions

Directive 2000/60 establishing a framework for Community action in the field of water policy

Surface waters; groundwaters; coastal waters protection aims

EU Water Protection Laws5

River Basin organisation/coordinationArticle 4 fixes environmental objectives for surface

waters, groundwater and protected areas;Objective to reach ‘good’ ecological and ‘good’

water chemical status MS’s ‘not in breach of this Directive’ when certain

new sustainable human development activities or new modifications of water body occur (4(7)).

Objectives to be achieved ‘at the latest’ by 2015, (may be prolonged until 2027 by MSs).

EU Water Protection Laws6

Repealed:End 2007 Existing EU Surface waters

Directive;End 2013 Existing EU shellfish, freshwater

fish, and groundwater Directives.Problems with MS transpositionFull cost recovery pricing for water is

required (2010)

EU Water Protection Laws7

Directive 98/83 on the Quality of Water intended for Human Consumption

Directive 2006/7 concerning the Quality of Bathing Water

Directive 2006/118 Quality Standards for Groundwater

Directive 91/676 Nitrates in WaterDirective 91/271 Urban Waste Water

Treatment

Water Pollution/Quality8

How water pollution is defined and controlledRole of Environment AgencyWater pollutants and water standards

understandingCriminal offences for water pollution

Water Pollution/Quality9

Drinking Water QualityWater Industries Act 1991 imposes a requirement

in s67 that domestic water must be ‘wholesome’Defined in Water Supply (Water Quality)

Regulations 2000 – which implement revised EU 1998 Drinking Water Quality Directive

Regulations require water quality information to be available to public

Enforcement through enforcement orders issued by Secretary of State – require undertakings to be entered into for shortest possible time + no reasble alternatives

Water Pollution/Quality10

Offence under s70 Water Industry Act 1991 to supply water that is ‘unfit for human consumption’

Prosecution may only be brought by Secretary of State/DPP (Delegated to Drinking Water Inspectorate under Water Act 2003 in practice)

R v Yorkshire Water Services Ltd (2001) Offence = discolouration; no bacteriological

contamination. Water ‘unfit’ if it would be likely to cause injury or if, due to its smell or appearance a ‘reasonable customer of firm character’ would refuse to drink it/reject its use in food preparation

Water Pollution/Quality11

Water quality control system operated in accordance with discharge consent / now environmental permit = licence to pollute

The Environment Agency exercises control,over discharges into ‘controlledwaters’ as defined in s 104 WRA 1991

Water Pollution/Quality12

R v Dovermoss (1995) CA ‘controlled waters’‘waters of any watercourse’

S104 WRA 1991 controlled waters: relevant territorial waters, coastal waters, inland waters, groundwaters

Includes a man-made ditch, if it drains into controlled waters Environment Agency v Brock (1998)

Water Pollution/Quality13

Factors of relevance in determining whether to issue discharge consent and attached conditions

Water ClassificationsWater quality objectivesS 82 and s83 WRA 1991 policy goals for EAS84 WRA 1991 EA under legal duty to

exercise functions including environmental permit grants to achieve and maintain water quality objectives.

Water Pollution/Water Quality14

Applications for Environmental Permits to discharge into controlled waters must be made in accordance with the Environmental Permitting (England and Wales) Regulations 2010

The 2010 Regulations have now repealed and replaced sections 85-91 (offences and defences)of the Water Resources Act 1991 and Schedule 10 (conditions)