This memo has been deared for submisson to the Director, Mr Dara Lpott, by Senior Imp Karen Creed.

INSPECTORS REPORT ON A WASTE WATER DISCHARGE LICENCE APPLICATION

I To: Directors

I From: Ewa Babiarczyk Environmental Licensing Programme

1 Date: 15 December 2011

Application for a Waste Water Discharge Licence from Carlow County Council, for the agglomeration named HackeWmn, Reg. No. DO243-01 I RE:

i Rppliation oetails i

Ahedule of discharge licensed: /Discharges from agglomerations with a 1 population equivalent of 1,001 to 2,000 I

I i- application received: No& under Regulation 18(3)(b) issued:

27 February 2009

29 July 2009

[nfonnation under Regulation 18(3)(b) e i v e d : E 23 November 2009

Udiional information received: 27 May 2011, 20 September 2011, 6 October 2011,lO Wober 2011,ll October 2011 and 11 November 2011

ite notice check: 1 18 March 2009 One submission rec'd 8 July 2009 Receivled: -

1. Aggkmeration The agglomeration of Hackebtown is situated 28 km northeast of Carlow Town and is served by the Hacketrtown waste water treatment plant (WWTP). The HackeWown Wwrp discharges to the Derreen River. The plant is designed to tmt a population equivalent (p.e.) of 600. However, the estimated p.e. of the agglomeration currently sewed by the plant is 1,100. The plant was built in 1947 and comprises an Imhoff tank, percolating filters, humus tank and sludge drying beds. The.plant is severely overloaded. The plant is perfonning very poorly and, consequently, the final effluent is of a very p r quality.

Carlow County Council plan construction of a new 1,400 p.e. Wwrp on the site of the existing plant. The p r o m Wwrp Is Included in the Water Services Investment Programme 2010 to 2012.

It Is anticipated that the proposed plant will be complete by the end of 2013 and the construction works will include the following:

inlet works consisting of screens and a grit classifier, forward feed pumps,

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balancing &nk, sequence batch reactor,

0 storm water holding tank with a capacity of 3 times dry weather flow (3DW9 for 2 hours, sludge holding lank, ferric dosing system, tertiary treatment consisting of sand filtration, and; outfall chamber.

The licence appllcatfan states thar the new VVWW will &e designed b meet the following specifications for the discharged effluent:

BOD-25mg/l 0 Suspended Solids - 35 mg/l

Ammonia - 2.5 mg/l Total Phosphorous - 0.5 mg/l

Carlow County Council antidpates litde increase in p.e. up to 2012. However, an estimated future organic loading to the plant of 3,200 p.e. is envisaged by 2031. Condiibion 1.7of the Recommended Licence (RL) requires the local authority to notiQ the Agency and seek a licence review where the licensee determines that the remaining capacity will be exceeded within the ensuing three year period.

I 2, Discharges to waters The final treated effluent from the Hacketstown plant discharges through the primary discharge point (SW1) to the Derreen River. The discharge is via a 300 mm pipe. The estimated current maximum dlscharge flow from the Wwrp is 0.021 rn3/s. There are no secondary discharges within the Hack-wn agglomeratbn.

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There is one storm water overnow (SW2) from the wastewater works. The stom water does not receive any form of treatment before discharging through SW1.lhe proposed Wwrp will allow for flows in excess of 30WF to be diverted to a storm water holding tank. The volume of the storm water holding tank will be 3DWF for 2 hours. Flow In excess of this will be discharging to the river via SW1. Currently, SW2 is not compliant with the DoKLG ‘ M u t ~ s and CH&& in Relation t~ Stom Water overflowsl, 1995 The proposed upgrade works will bring the stom water overflow into compliance with this dmment. The upgrade of the existing SW2 is requested in Scf&u/e C.2 I m p w m m t ~ n t n m e fbr stwrn Water OvenTom of the RL.

There are no pumping stations within the Hacketstown agglomeration. Carlow County Council sbtd that no pumping M o n s or additional storm water overflows will be constructed as part of the proposed waste water works. There are no existing or proposed emergency overtlows on the waste water nmork within the agglomeration. Also, there are no proposals to upgrade the collection network as part of the planned impmvement works.

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3. Receiving w a b s and impact

The following table summarises the main considerations in relation to the river downstream of the primary discharge.

Table 3.1 Receiving waters

name and t y p

Resource use

Amenity value

Applicable Regulations

Designations

Classlficatlon Derreen River

Drinking water abstractions

Fishing

UWWT Regutattons Note

Surface Water Regulations Note2

Freshwater Pearl Mussel Regulations w 3

Station No. 120010300 EPA monitoring stations

Station No. 120010400 I Biological quality Q4 rating (Q value)

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I ~5 Target Q WFD status Mderate

Category WFD p m d areas Area of conSewaffon

WFD Risk la m4

Staney Rlver Valley Special

(SAC) (site code: 000781)

Comment Tributary of the S l a w River. Approximately 36 km long river. WFD Code: IE-SE-12-2405.

The nearest downsbeam SurFace water abstraction is on the Slaney River approxfmately 57 km downsbeam of SW1: Clonhasten Intake for the Ennixorthy Regional Water Supply Scheme (Register code: PA1 3300PUB1304). Trout and occasionally salmon.

See information relating to the U&n w m watev rmmtmtm? [91/27~EK](pagc 7 of this report).

Non-compliance.

The Derreen River is designated in these Regulations as a habitat of the Freshwater Pearl Mussel population.

Located on the Derreen River approximaMy 550 m upstream of SWl.

Lmted on the D e m n River approximately 3 km downsham of SWI. Approximately 550 m u-m of SW1 (most merit biological quality monitoring at thfs Imtion conducted in 2010).

Approximately 3 km downstream of SW1 (most recent bidogical quality monitoring conducted in 2010). High status required under the Mwtw R?adMW Rmuhms Objective is to &re by 2021. NDte4 At risk of not achieving g d status by 2021. The loation of SW1 is within this SAC.

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N m 1: Urban Waste Water Treatment Regulations 2001, as amended (SI. No. 254 of

Note 2: European Communities Environmental Objectives (Surface waters) Regulations,

Note 3: European Communities Environmental Objectives (Freshwater Pearl Mussel)

Nota 4: Information based on the Full Report for Waterbody Derreen for the purposes

2001, s.1, 440 of 2004, S.I. 48 of 2010).

2009 (S.I. No. 272 of 2009).

Regulations, 2009 (S.T. No. 296 of 2009).

of the Water Framework Directive (WFD) reported to Europe in July 2010.

The Derreen River rises on the slopes of Lugnaquilla Mountain In County Wicklow and flows in a southerly direction until it enters County Carlow, where it flows in a generatly south- westerly direction, passing Hack-wn, and eventually flowing into the Slaney River. The Derreen River discharges to the Slaney River approximately 23 km downstream of the primary discharge from the Hadtetstown WWTP. The location of the primary discharge is induded within an area of the Derreen River which has an unpolluted water quality.

The Agency's most recent biological quality monitoring of the Derreen River was conducted in 2010. The results of this monitoring show that the water was unpolluted (Q4) at the upstream monitoring station (Station No. 120010300) approximately 550 m upstream of the primary discharge. The Same Q value for the water quality was also m r d e d at this station in 2007. The results of the biological quality monitoring at the downstream monitoring location (Station No. 12W1woO) approximately 3 km downstream of the primary discharge show that that the water quality a t that location improved from slightly polluted (43-4) in 2007 to unpolluted (Q4) in 2010.

The Derreen River is induded within the Slaney River Valley SAC (site code: 000781). The final effluent from the Hackelstown WWrP discharges into the designated catchment of the Freshwater Pearl Mussel (Margadfffkm maqaritika) concentrated in the D e m n River. Consequently, the objective for the receiving water is to achieve hlgh status as set out in the European Cmmunt8es Environmental Ub$xt/ves (Reshwa& pearl M&) Regulatims Zm9. The Sxwd Drat'? of SUb-Basn MMagement plan fbr F&water Pead M u d , March 2010, s h k s that the key improvements needed for the Derreen Catchment in relation to the freshwater pearl mussel populations are to restore juvenile habitats to appropriate condition by simultaneously reducing nutrient and sitt inputs to the river.

The main channel of the River Slaney is designated as Salmonid Water under the €u#pean Communillb (Quabty of % f m i d Waters) R e g d a m uf 1988 (SI. No. 293 of I=). The appropriate assessment.states that the egg and juvenile stages of the salmon life cycle are very vulnerable to deteriorations in water quality. Therefore, a drop in water quality would negatively affect adult salmon. The report states also that freshwater pearl mussels need pristine conditions for succesful reproduction and any deterioration in water quality has a negative impact on the pearl mussels.

The AssimilatWe Capaclty calculations in Table 3.2 indude the main parameters in the discharge from the Hacketstown Wwrp and their proposed emission limit values (ELVs) which are reflected in M u l e A.1: PrJinarY Waste Water D&ge of the RL. The calculated figures are based on the estimated by the applicant average volume (0.005 m3/s) which will be discharged from the Wwrp at the organic loading of 1,400 p.e., the 95%ile flow rate in the Derreen River at the primary discharge (0.26 m3/s) and the average background concentrations for Biological Oxygen Demand (BOO), Total Ammonia (as N) and Orthophosphate (as P).

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BOD

Nub 1:

52.73

43.33

0.032 28.89 0.40

The background c o n m t b n s for Orthophosphate (as P) are k e d on

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0.452 1 1.492 I 12.2

50.090

50.045

BOD, Total Ammonia (as N) and the chemical monitoring at the EPA

Monitoring Station No. 120010300 (approximately 550 rn u p k m of SW1) conducbed in 2030 and 2011.

Nob 2: European Communities Emrimmental Objective (Surface waters) Regulations, 2009 (SI . No. 272 of 2003). The standard is based on the high stakrs and 95%k flow.

The results of the chemicat monibnng conducted by the Agency in 2010 and 2011 at the monituring station (Station No. 12D010400) locat& on the Derreen River approximately 3 km downstream of SW1 show that concentrations of BOD and Orthophosphate (as P) are within the relevant high status standards for these paramekrs. However, the monitoring results show also that the concentrations of Total Ammonia (as N) at this station exceeded on a few monitoring events the limit of 0.090 mg/l. The appropriate assessment, when referring to the Carlow County Council's and Agencj's chemial monitoring conducted in 2008 and 2009, states that on most monltoring events, Orthophosphate and Nitrate levels at locations downstream of the discharge from the plant were elevated.

The E u v n Cmmunibks EnwiOnmentf ObyiztSves (hshwatw FWd Mus@) Regula* 2009 require that the water quality of waterbdies identified as habitats of the Freshwater Pearl Mussel populations under the First Schedule of these Regulations must be of a high status. Accordingly, the proposed ELVs set out in Table 3.2 aim at achieving a high status of the water quality and ensuring a high level of -on for the receiving waterbody. Schedule A.1: Pninary Wasbe Water Dlschaqe of the RL, recommends ELVs which comply with the requirements for the high status In the E u w n Communities Envrionmenta/ 0b-m (Si- waters) RegUatim~ 2 W (SI. No. 272 of 2 m ) and shall apply once the new plant is complete. As currently the discharged effluent receives primary treatment only, h e RL requim, in accordance with Article 2 of the UMan W&e Water Tibnent D w 91/271/E& percentage reductions of cSOD and Suspended Sollds until the new Wwrp Is complete. The proposed ELVs for BOD, Total Ammonia (as N) and Orthophosphate (as P) are based on the assimilative capacity calculations in Table 3.2 above and aim for achieving the 'high status' standards for these parameters in the receiving watedmly as set out in the €U-# Cummuniti'es Eh~mmenbl oblectri/es (surfaae warn) R q u h m , 2009 (5.L Nu. 272 of Zm). Even though the k m n River is not dedgnated as salmonid water, this river sewes as prime satrnon spawning trfbutary of the Slaney River. Therefore, the proposed ELV for

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Suspended Solids of 25 mg/l reflects the requirements of the EC M w & r Rsb DhxBve [2006/44/2FCl. Additionally, Ond76m 51 of the RL requires the licensee to reduce Total Phosphorous and Total Nitrogen loadings in the discharge to the maximum practicable extent. The ELVs set in -&#/e A.1 of the RL are considered appropriately stringent and aim at ensuring a high level of protection for the receiving waterbody.

4. Ambient Monitnring Sched#/e B.3; Ambient MontuHiy of the RL includes monitoring of the receiving water upstream and downstream of the primary discharge. The ambient monitoring will ensure that there is no deterioration in the status of the receiving water as a result of the discharge.

5. Combined Appnwdr The Waste Water m e r g e AuObtf3Mon Rqula~m, 2007 (SI. No. &74 of2m7), as amended, specify that a ‘combined approach’ in relation to licensing of waste water works must be taken, whereby the emission limits for the disharge are established on the basis of the stricter of either or both, the limits and controls required under the Urban W& Water T iment R&guIabm (SI. Nu. 29 of 2001) 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 waterbody into which the discharge is made. The RL as drafted gives effect: to the principle of the Combined Approach as defined in the Waste Water Dikharp A~%hation R&pWims,. 2w17 (SI. Nu. 684 of2007), as amended.

6. Pmgrrrmme of fmprovemsnts

The Hackekbwn Wwrp is included in the Water Services Investment Programme 2010 to 2012 and Carlow County Coundl is currently awaiting approval from the Department of Environment, Community and Local Government (DoECLG) to caw out an Advanced Works Contract at the plant. Carlow County Council sated that it is expectd that the proposed upgrade works will be complete in 2013. The proposed works are listed in Section 1 on this report.

7. Complianem with €U Directives In considering the licence application, regard was held to the requirements of Regulation 6(2) of the Waste Water @kcham) A u W m W , RquWm~2007(S.I. No. 6&4 of 2007,J as amended, notably:

Ec Frwhwater-ve rtQD6/4WCl The Derreen River is not designated as salmonid water. Homer, the Derreen River is a prime salmon spawning tn’butary of the Slaney River which is designated as a salmonid river. Therefore, the proposed ELVs in W u / e A; --of the RL reflect the requirements of me Directive.

tal 0-m fF- mmmm2w9 The D e m n River contains Freshwater Pearl Mussel populations. As per requirements of the European Cmmunitis Environmen&/ O b W w (mhwater FWd M M ) Rgdations Z W , the ELVs specified in ScMu/e A; Dkubtges of the RL aim to achieve the high sbtus of the receiving water.

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The nearest downstream drinking water abstraction is located on the Slaney Rlver approximately 57 km downstream of SW1 at Clonhasten Intake for the Enniscorthy Regional Water Supply Scheme (Register code: PA1 3300PUB1304). Due to the dlution factors of the Derreen and Slaney Rivers, and the distance invoked, the effects on this abstraction point from the Wwrp are considered negligible. - The k m e n River is not classified as sensitive water under the U&an Wwte Water Tmbnenf Regulatiis 2001, as amended.

r F-rk Directive r20001601FCl The RL, as drafted, transposes the requirements of the Wafer Rmewmk DkczYve. In particular, Cdi t ion 3; Dtkhatges provides conditions regulating discharges to waters, while S&edu/e A: Dkhatges specifies limit values for those substances contained within the waste water discharge.

J Cditim 5: m t a m m & of I m p m e n k and the ELVs set in schedule AS: Pnmw Waste Water Dischawe of the RL satisfy the requirements of the above regulations, in particular, Article 7 and the relevant parameters listed in Schedule 5 of said regutations.

The p.e. of the agglomeration is below the 2,000 p.e. threshold at which the ELVs specified in Part I of the Second Schedule of the UWWl Regidations (SI. No. 2% of ZOUI), as amended apply. For agglomerations under this threshold, "appropriate treatment" is required as specified in Article 7 of the Regulations. UWWT DPtxIYve defines the appropriate treatment as: "treatment of unlxan waste watw by any- awor d!sp& system Mich after d3charge allows & meiwhg watws to meet fhe relevant quaky obpectlves and &e relevantpwMns of Mt3 and ofher Cammunity Directives': The RL aims for implementation of the appropriate treatment at the Hackebtown WWTP,

The licence application included sampling results from four monitoring events in 2008. The sampling results were submitted for all of the 19 dangerous substances in the primaw dixharge and show acedances of the relevant standards for Tributyltin, Chromium, Copper, Cyanide, Lead, Zinc, Cadmium and Mercury given in the E u m n Cbmmunitits EnWmnmenbI & ~ v t % (Surface warn) Reyufatim, 2009 (SI. No. 272 of 2W).

ConuWun 4.11 of the RL requires an investigation of the sources of priority substances detected during the monitoring of the primary discharge and measures to reduce or eliminate these substances in the discharge from the plant.

The Hacketsbwn WWrP discharges into the Derreen River which is a prime salmon spawning tn'butary of the Slaney River and is a part of the Slaney River Valley SAC (Site Code: 000781). This SAC contains several important habitats such as alluvial wet woodlands, floating river vegetation, estuaries, tidal mudflats and old oak woodlands tisted on Annex I of

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the EU. MWtb Mhxhk. AdcHblonatly, this sits has been seleckd as the Slaney W v e r supporb populations of the following spedes llsted In Annat TI of this Directive: Sea Lamprey, River Lamprey, Bmk Lamprey, Freshwater Pearl Mussel, T w a b Shad, Adantic Satmon and Otter.

The appmp&te -nt s b k s that the relevant mservatlon objeebive pertaining bo the discharge fmm the HackeWmvn Wwrp must be to m i d impact of high BOD, Suspended Sorids and nutrient by proper tmatment of the effluent Wore d i d r g e tm the river. The appmptiate n m e n t also states that the 2009 'North south Share 2 h j e d blologiml quality monbriq mb for the k m e n Rlver and b trlbutarles i n d m a widespread problem of low-lewl point soum and d l W pollution thmghout the cabehment. The appropriate assessment that this must have a cumulative negathre Impact on the freshwater pearl mussel and salmon In the river as i n d i a by serious dedine in the pearl mussel population.

Additionally, the appropriate -t sbbw that while It would be very diiRult to ascerhin the exact degree bo which the f luent from the H x k e W x ~ Wwrp adds the cumulative impacts on the Natura 2000 s ib and its answation objectives, there Is an indimtjon of some impact from the plant. The appmpriak merit highlights the need for measureS for improvement of the quallty of dkharged effluent and SMES that the WotJCs at the plant are necesary. The appro- aSSeSSment furtkr sbte that the most important measure, in addition b the standard treatment by d-on and sedimentation, would be the mml of phosphorous. The ELVs as set out in -A1 Mhwy W e Wa& LBukq~ of the RL alm for a hlgh quality of the dkcharged effluent. Therefare, no significant impact from the p r o m Haekebbw~ plant on the t.lecelving w k r Is envisaged. The new plant will act as a mitigation facbor against the polkrblon In the k m e n River.

An EnvironmetW Impact Assessment (EIS) was not submltkd wlth the Iknce applimtion. Carlow County Council sabed that the propsal wrlcs at the H-n Wwrp do not require the EIS. However, should one be required as part of any fubrre programme of improvements, itwilt bedealtwithasper Cmd&bn1.8ofthe RL.

Z2ofthe RL sabisfies the requirements of the E n - W W M P1nxitwin particular those requirements outlined In Artlde 3(1) and Annex II of

8. c m O l T k ualm The Agency moniwng data on the recelvlng wakr was obtained fmm Ms, Jean Smith, the SdentSflc mcer of the Ofke of Envimmental Assessment (OEA).

Advice and guldam Issued by the Technlml Worldng Grwp (WG) was fdlowed in my assessment of this appllcatlon. Advice and guldam;e issued by the lWG is prepared through a detailed m 4 c e mpra th re process, wit31 W m m s of all sides t a h Inln account. The Board of the Agency has endorsed the advice and guidance issued by the TWG

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for use by licensing Inspectors in the assessment of wastewater discharge licence applications.

9. Submlsslons One submission in relation to this licence apptication was received from the Inland Fisheries Ireland, formerly known as Eastern Regional Fisheries Board, on the 8 July 2009. The concerns of the Inland Fisheries Ireland are summarized below:

1. The Inland Fisheries Ireland requests that the cumulative impacts of all discharges to the Derreen River, and in particular, an impact of an installation referred to in the submission as Wpak Mea& dMatgilrg to the Derteen undkrIPFCI&nce h m P A ' :

Response The assimilative capacity calculations take into account the concentrations of parameters in the Oerreen River upstream of the primary discharge from the Hackdstown WWW. Also, the assimilative capacity calculations take into account the volume of water in the river upstream of the primary discharge and the volume of the discharged effluent from the WWTP. The ELVs as set out in -#/e A A primary Waste Water DLsdage of the RL aim for achieving a high status for water quality in the Derreen River.

It is noted that the only licensed Kepak installation discharging to the D e m n River is Kepak Hacketstown (IPPC Licence Reg. No. W166-01) located approximately 650 m upstream of the Hackebbwn WWTP. The current licence for Kepak Hacketstown (Reg. No. W166-01) is being reviewed by the Agency in order to bring it in into compliance with the E u w n COmmUntiks En~mmental Obyidws (&&e W a h ) R ~ L J ~ ~ s 2lW3 European Cmmunitie Envimrnm2l O b j i d v s (Groundwater) R@uJaiims 2010 and the Europsan Cbmmunltiks EnMmmental @@cl7vt? (Freswatier pearl M W ) RWufaHms 2UO9. The ELVs set out in the reviewed licence will also aim for a high status for the receiving waterbody.

2. The Inland Fisheries Ireland requests the Agency to take into account the predictions of significant decreases in low flows asociated with global warming when assessing this licence application. The Inland Fisheries Ireland is concerned that, under low flow conditions, the discharga from the H ay result in serious pollution of

This matter has been addressed by the Agency before in a letter to Mr. Pat Doherty of the Inland Fisheries Ireland, from Ms. Laura Burke, dated 18'" November 2009. In her letter, Ms. Burke stated: '...it 13 conshkd ihappmpfhte at ~ t 3 @nt b place spxific regu,iemenfs A a to addm #mretfd dimate change im-. The final limn e..... doRs however provide a number of m&nims &r & pment and future protecffor, of the m * w h g warn, in& alia, stringent EL Vs undev SkhduIle A. 1 ~~~, monitoring of a &vhg water fix a wide m y e of phpib&m/wl paam- under M u l e 6.3 R&/np Water M n M n g ... and a range of spedffc Cormitions H g n & to ensum the appropn'ate dlecOun, cvnmnce and &ament of waste Waw generated W m a n the aggiOmmti#7. It I3 msi-dm?d that lkie measures wether wit4 the requiiremen& of Regulatim M(1) of S.I. 6&4 of 2007, Le, &?e sbjxdatim that b5e A- &I/ rewi?w eau? lkwm 'at a finre not exceeding 6 yeam t7vm the date on Whidt the Iktmce.. was gmn- prow'de fhe n m s a y proteciive measurn against t h e m w e future im@ of dimate drange. Given the

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IO. Charges

The R t sets an annual charge for the agglomeration at C5,704 and is reflective of the monitoring and enforcement regime being proposed for the agglomeration.

11. Recommendation I recommend that a Final Licence be issued subject to the conditions and for the r e a m s as set out in the attached Recommended Licence.

Signed

Ewa Sabiarcryk Inspector m c e of Climate, Licensing and Resource Use

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