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Urban Waste Water Directive

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Urban Waste Water Treatment Directive
Council Directive 91/271/EEC of 21-05-1991, as amended by
Commission Directive 98/15/EC of 27-02-1998
Agenda Point 2.
Marco Gasparinetti, EC Lawyer
Bucharest, 21 April 2008
http://ec.europa.eu/comm/environment/water
Slide 1
Overview of the presentation
1.
2.
3.
4.
5.
6.
UWWTD : Main objectives and principles
Collection and treatment of domestic wastewater and
mixture of wastewater
Treatment of industrial waste water
Reporting obligations
Enforcement – Infringement & complaints
Conclusions
Bucharest, 21 April 2008
Slide 2
1- One Coherent Management Frame
Drinking Water
Directive
Seveso
Directive
Bathing Water
Directive
Pesticides
Directive
IPPC
Directive
WFD
objectives
and
programme of
measures
Birds Protection
Directive
Env.
Impact
Assessment
Directive
Bucharest, 21 April 2008
Habitats
Directive
Urban Waste
Water Directive
Nitrates
Directive
Sewage Sludge
Directive
Slide 3
1. UWWTD
 Objectives: to protect human health and the
environment from the adverse effects of urban waste
water discharges & discharges from waste water
from certain industrial (agro-food) sectors
 concerns the collection, treatment and discharge of
– domestic waste water
– mixture of waste water
– certain industrial sectors (Annex III)
Bucharest, 21 April 2008
Slide 4
1- UWWTD : Scope
• Domestic/urban waste water: collection and
treatment of waste water in all settlements areas
and areas of economic activity (� agglomerations ’)
of >2000 inhabitants
• Industrial waste water: a) pre-treatment (where
necessary) of industrial waste water discharged into
urban waste water systems; b) treatment of
biodegradable waste water from the agro-food
industry directly discharging into waters
Bucharest, 21 April 2008
Slide 5
1- Articles of the directive










1. Scope
2. Definitions
3. Obligation to provide sewerage
systems > 2000 p.e.
4. Obligations to provide waste water
treatment > 2000 p.e.
5. Sensitive areas > 10000 p.e.
6. Less sensitive areas
7. Waste water treatment < 2000 p.e.
8. Derogation options
9. Water pollution from/to other MS
10. Design, construction, operation
and maintenance of treatment plants
Bucharest, 21 April 2008
11. Industrial waste water discharges to
urban systems
12. Permit procedure for plants/
discharges
13. Industrial waste water discharges to
waters
14. Phasing out of sludge dumping
15. Monitoring
16. Situation reports by MS
17. Implementation programmes
18. Committee
19. Transposition
20. Annexes (I, II, III)
Slide 6
1- Transitional periods for Romania:
Art 3, 4 and 5(2)

1) by December 2013, compliance with Article 3 in agglomerations with
a population equivalent of more than 10 000;

2) by 31 December 2013, compliance with Article 5 (2) in
agglomerations with a population equivalent of more than 10 000;

3) Gradual increase of Article 3 collecting systems in accordance with
the following minimum overall population equivalent rates:
- 61% by 31 December 2010,
- 69% by 31 December 2013,
- 80% by 31 December 2015.

4) Gradual increase of Articles 4 and 5 (2) waste water treatment in
accordance with the following minimum overall population equivalent
rates:
-51% by 31 December 2010,
-61% by 31 December 2013,
-77% by 31 December 2015.

5) Full compliance with Articles 3, 4 and 5(2) by 31
Bucharest, 21 April 2008
December 2018
Slide 7
Urban Waste Water Treatment Directive
Deadlines for new Member States
Member State
Transition period
Bulgaria
2010 / 2014
Czech Republic
2006 / 2010
Cyprus
2008 / 2009 / 2011 / 2012
Estonia
2009 / 2010
Hungary
2008 / 2010 / 2015
Latvia
2008 / 2011 / 2015
Lithuania
2007 / 2009
Malta
2006 / 2007
Poland
2005 / 2010 / 2013 / 2015
Romania
2010 / 2013 / 2015 / 2018
Slovak Republic
Slovenia
Bucharest, 21 April 2008
2010 / 2015
2008 / 2010 / 2015
Slide 8
1 - Agglomeration
Art.2(4):
В« Agglomeration means sufficiently concentrated area where
the population and/or economic activities are sufficiently
concentrated for urban waste water to be collected and
conducted to an urban waste water treatment plant or to the
final discharge point В»
 Pragmatic term, not linked to political-administrative structure
 Flexibility whether one or more treatment plants are designed
and operated (however, no � salami tactics ’ of splitting
agglomerations with regard to treatment objectives or
deadlines)
 Open to alternatives in terms of new treatment technologies
or alternatives to sewerage systems, provided environmental
objective is achieved
Bucharest, 21 April 2008
Slide 9
1- Sensitive areas
Water body (WB) must be identified as a sensitive area if
it falls into one of the following groups:
a)
Natural freshwater lakes and other freshwater bodies, estuaries and
coastal waters that are eutrophic or which in the near future may
become eutrophic if protective action is not taken
b)
Surface freshwaters intended for abstraction of drinking water which
could contain more than 50 mg/l concentration of nitrate
(75/440/EEC)
c)
Areas where further treatment than secondary is necessary to fulfil
Council Directives
–
Delineation of Catchment areas of sensitive areas (CAofSA)
Bucharest, 21 April 2008
Annex II,
Art.5
Slide 10
1- Sensitive areas - EU-27
EU-15
Entire territory as SA
(or applies Art.5(8))
(15+1=16 of 27)
Belgium, Denmark,
Finland, Sweden, The
Netherlands, Austria,
Luxemburg
EU-10 + 2
Estonia, Latvia,
Lithuania, Poland,
The Czech Republic,
Slovakia, Bulgaria,
Romania
Almost entire territory
as SA
Germany
-
Parts of territory as SA
France, Greece, Ireland,
Italy, Portugal, Spain, UK
Hungary, Slovenia,
Cyprus
(10 of 27)
No SA designated
-
Malta
Art. 5
(1 of 27)
Bucharest, 21 April 2008
Slide 11
2- Sewerage (“collecting systems”)
 MS shall ensure that all agglomerations > 2 000 p.e. are
provided with collecting systems for urban waste water
 Waste water treatment to be taken into account in design,
construction and maintenance of collecting systems
 Design, construction and maintenance in accordance with
best technical knowledge and cost-benefit considerations,
notably regarding
 volume and characteristics of wastewater
 prevention leaks in collecting systems
 pollution from stormwater overflows
Bucharest, 21 April 2008
Art.3
Annex IA
Slide 12
2- Treatment objectives
 Basically “secondary treatment” (i.e. biological treatment
involving organic carbon removal), however
 Additional N and P removal (“more stringent treatment”) in socalled sensitive areas, i.e. basically water bodies being
eutrophic or tending to be eutrophic
 Romania designated whole country as sensitive area (for
eutrophication)
Art.4,5
Bucharest, 21 April 2008
Slide 13
2- Secondary treatment - NA
Concentration
Efficiency (% of reduction)
BOD5
25 mg/l
70-90%
COD
125 mg/l
75%
SS (optional)
35 mg/l
90%
 Either the concentration or the percentage of reduction shall apply
 24-hours samples (Annex I D)
 Minimum annual number of samples depending on size of treatment plant,
plus maximum number of non-complying samples (table 3)
 Maximum deviation of single sample 100% (BOD, COD) and 150% (SS)
 Deadlines: 2010, 2013, 2015 and 2018
Art.4
Bucharest, 21 April 2008
Slide 14
2- More stringent treatment - SA
Concentration
Efficiency (% of reduction)
Tot P
[10 000 - 100 000] p.e. 2 mg/l
> 100 000 p.e.
1 mg/l
80%
80%
Tot N
[10 000 - 100 000] p.e. 15 mg/l
> 100 000 p.e.
10 mg/l
70-80%
70-80%
 Either concentration or the percentage of reduction shall apply. One or
both parameters are to be applied depending on local conditions
 Total N = org.N + NH3/NH4-N + NO2-N + NO3-N
 Annual mean of samples to comply
Art.5
Bucharest, 21 April 2008
Slide 15
3- Industrial waste water:
discharges to urban waste water collecting systems
 Prior regulation and/or specific authorisation
 Pre-treatment as is required (Annex I, C)
– to protect health of maintenance personnel in sewerage systems and
treatment plant
– to avoid damage to collecting systems and treatment plants
– to avoid treatment plant operation and sludge treatment being impeded
– to avoid adverse impacts of discharges to the environment, and not
prevent receiving waters from complying with other Community Directives
– to ensure a safe disposal of sewerage sludge in an environmentally
acceptable manner
Deadline: Date of accession – 01/01/2007
Bucharest, 21 April 2008
Art. 11
Annex I C
Slide 16
3. Industrial waste water:
discharges to water bodies
 Applying only to certain industries (agro-food ind.) above a threshold of
4 000 p.e.
 Subject to prior regulation and/or specific authorisation
 Setting of appropriate requirements by Member States in permits
 Comparison of MS’s requirements by the Commission
Art.13,
Annex III
Bucharest, 21 April 2008
Slide 17
3- Industrial waste water discharges to
water bodies: industrial sectors
1.
2.
3.
4.
5.
6.
Milk-processing
Fruit and vegetable products
Soft drinks
Potato-processing
Meat industry
Breweries
Deadlines: Date of accession
Bucharest, 21 April 2008
7.
Alcohol and alcoholic
beverages
8. Animal feed from plant products
9. Gelatine, glue from hides, skin
and bones
10. Malt-houses
11. Fish-processing
Annex III,
Art.13
Slide 18
4. Reporting (Art 15, 16, 17)
European Commission
Information request
(Art 15 Questionnaire
Ministry of Environment
6 months)
Information
(in due time)
Regions, Provinces, Municipalities,…
Bucharest, 21 April 2008
Slide 19
5. Enforcement
THE HANDLING OF
INFRINGEMENTS
&
COMPLAINTS
Bucharest, 21 April 2008
Slide 20
EC TREATY
 COMMISSION OBLIGATIONS AND POWERS
- Guardian of the Treaty
- Ensure compliance of Member States with EC law
- Infringement proceedings according to Articles 226 and
228 of the EC Treaty
 MEMBER STATE
- Timely transposition of EC Directives
- Conformity with the requirements of EC Directives
- Compliance with secondary obligations (monitoring
programmes, limit values, monitoring, remedial
actions, information, reporting)
- Proper application of transposing national legislation
on the ground
Bucharest, 21 April 2008
Slide 21
INSTANCES OF INFRINGMENTS
1.
NON-COMMUNICATION
MS fails to adopt and communicate within the
deadlines national laws transposing a directive
2.
NON-CONFORMITY
MS’s national laws transposing a directive are not in
conformity with its provisions
3.
BAD APPLICATION OF EC LAW
MS fails to apply or to enforce one or several
provisions of the EC legislation on the ground
Bucharest, 21 April 2008
Slide 22
THE INFRINGEMENT PROCEEDINGS
ARTICLES 226 & 228 OF THE EC TREATY
Court application
3
Reasoned Opinion
2
Letter of Formal Notice
Bucharest, 21 April 2008
1
Slide 23
European Court of Justice
. . . . . Case C-387/97
.to. .pay
. . Case
C-…..
2. Orders the Hellenic
to the
. . .Republic
. . Case C-304/02
Commission of the European Communities,
4. …France has failed to comply with a 2001
3.
Orders
the
Republic
of France to pay to the
into the account EC own resources,
penalty
Courta of
Justice judgment for infringement of
of
the
Communities,
payment of EUR 20 Commission
000 for eachthe
day
ofEuropean
delay rules
Community
on the quality of
into
the
account
European
Community
own
. . . . . Case
C-278/01
in implementing the measures
necessary
to
drinking
water...
resources,
a lump
sum of
comply with the judgement
in Case
C-45/91
2.
Orders
the
Kingdom
of of
Spain
to paythe
to the
Under
Article
228
EC
Treaty
EUR
20
000
000
and
from delivery of the present
judgement
until
Commission
ofEUR
the European
Communities,
Commission
proposes
to250
askfor
the Court to
penalty
payment
of
EUR
57 761
the judgement in Case C-45/91
has
been
theimpose
account
European
ownof over
on
France
lump-sum
eachinto
period
of
six months
fromaCommunity
delivery
of fine
complied with;
resources,
penalty
payment
EURthe
624
150 of
€28 amillion
a
daily
penalty
payment
the present
judgment
atand
the
end
of of
which
per year
and 882...
per
1% ofCommission
bathing areas
judgment
in €117
Case
C-64/88
v in
Spanish
inshore
waters
havewith
been
France
has not
yet been
fullywhich
complied
…; found not to conform to the limit values laid
down under Directive 76/160 …;
Bucharest, 21 April 2008
Slide 24
COMPLAINTS

They can be lodged with the Commission by any
citizen, NGO etc.

The complainant alleges that Community law has not
been complied with by a Member State
INFO: http://ec.europa.eu/comm/secretariat_general/sgb/lexcomm/index_en.htm
Bucharest, 21 April 2008
Slide 25
6. Conclusions
 The UWWTD defines clear legal obligations
and sets clear deadlines
 Flexibility on how to achieve these obligations
 It represents the most cost intensive piece of
environmental legislation
 High priority for the European Commission
Bucharest, 21 April 2008
Slide 26
6- Conclusions
 Considerable improvements in waste water
treatment: Commission Report March 2007
 Several countries as examples of successful
implementation of UWWD
 Waste water infrastructure as major task for new
Member States, with staged transition periods and
underpinned by considerable financial support
 Long-term planning basis for technical, financial
and political decisions at all levels, from the local
and regional to the national and EU level
Bucharest, 21 April 2008
Slide 27
Thank you for your attention
Bucharest, 21 April 2008
Slide 28
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