The Water Framework Directive (2000/60/EC) and the Directive on the protection of groundwater against pollution and deterioration

(2006/118/EC)

[DRAFT]

Proposal for Regulations establishing Environmental Objectives, Groundwater Quality Standards and Threshold Values for the

classification of groundwater and the protection of groundwater against pollution and deterioration

The Draft European CommunitiesEnvironmental Objectives (Groundwater) Regulations

Consultation Paper

July 2009

TABLE OF CONTENTS

1. PURPOSE OF CONSULTATION.....................................................................4

FREEDOM OF INFORMATION.......................................................................................4

2. INTRODUCTION AND BACKGROUND........................................................5

3. THE GROUNDWATER RESOURCE IN IRELAND.....................................6

4. SCOPE OF PROPOSED REGULATIONS.......................................................8

5. ASSESSMENT OF GROUNDWATER STATUS............................................8

GROUNDWATER QUANTITATIVE STATUS....................................................................9GROUNDWATER CHEMICAL STATUS.........................................................................12

6. IDENTIFICATION OF SIGNIFICANT AND SUSTAINED UPWARD POLLUTION TRENDS AND THEIR REVERSAL..............................................17

7. MEASURES TO PREVENT OR LIMIT POLLUTANT INPUTS TO GROUNDWATER BODIES.....................................................................................17

8. OUTLINE OF THE PROPOSED REGULATIONS......................................22

PART I – GENERAL...................................................................................................22PART II - ENVIRONMENTAL OBJECTIVES FOR GROUNDWATER AND DUTY ON PUBLIC AUTHORITIES...............................................................................................22PART III - GENERAL DUTIES ON PUBLIC AUTHORITIES AND OTHER PERSONS UNDER THESE REGULATIONS................................................................................................23PART IV - DUTY ON THE ENVIRONMENTAL PROTECTION AGENCY TO CLASSIFY GROUNDWATER BODIES AND TO MAKE RECOMMENDATIONS AND GIVE DIRECTIONS REGARDING MEASURES TO BE TAKEN TO ACHIEVE OBJECTIVES...............................24PART V - THE ASSESSMENT OF GROUNDWATER QUANTITATIVE STATUS AND CHEMICAL STATUS....................................................................................................25PART VI - THE IDENTIFICATION OF SIGNIFICANT AND SUSTAINED UPWARD TRENDS IN POLLUTION AND THE DEFINITION OF STARTING POINTS FOR TREND REVERSAL...25PART VII - PREVENTION AND CONTROL OF POLLUTION OF GROUNDWATER............26PART VIII - REPORT TO BE PREPARED BY THE ENVIRONMENTAL PROTECTION AGENCY AND INFORMATION TO BE PROVIDED IN RIVER BASIN MANAGEMENT PLANS.......................................................................................................................28PART IX – MISCELLANEOUS PROVISIONS.................................................................29

9. REGULATORY IMPACT ANALYSIS...............................................................30

APPENDIX A – PROPOSED EUROPEAN COMMUNITIES ENVIRONMENTAL OBJECTIVES (GROUNDWATER) REGULATIONS....32

DRAFT EUROPEAN COMMUNITIES ENVIRONMENTAL OBJECTIVES (GROUNDWATER) REGULATIONS...........................................................33

PART I.........................................................................................................33GENERAL...............................................................................................33

Citation and commencement................................................................34Purpose and scope of the Regulations..................................................34Interpretation........................................................................................36

PART II........................................................................................................41ENVIRONMENTAL OBJECTIVES FOR GROUNDWATER..............41

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Environmental objectives and duty on public authorities....................41Extended deadlines...............................................................................42Less stringent environmental objectives..............................................42Temporary deterioration in groundwater status...................................43New alterations to groundwater levels.................................................44Application of exemption provisions...................................................44

PART III.......................................................................................................45GENERAL DUTIES ON PUBLIC AUTHORITIES AND OTHER PERSONS UNDER THESE REGULATIONS.......................................45

Prosecution of offences and performance of statutory functions by public authorities..................................................................................45Performance of functions and duties under these Regulations............46Application to the courts......................................................................47Powers, duties and functions assigned to public authorities................47

PART IV......................................................................................................48DUTY ON THE ENVIRONMENTAL PROTECTION AGENCY TO CLASSIFY GROUNDWATER BODIES AND TO MAKE RECOMMENDATIONS AND GIVE DIRECTIONS REGARDING MEASURES TO BE TAKEN TO ACHIEVE OBJECTIVES................48

PART V........................................................................................................50THE ASSESSMENT OF GROUNDWATER QUANTITATIVE STATUS AND CHEMICAL STATUS...................................................50

The assessment of groundwater quantitative status.............................50The assessment of chemical status.......................................................52Interim classification of groundwater bodies for the first river basin planning cycle......................................................................................54Duty on the Environmental Protection Agency to keep threshold values for the assessment of groundwater chemical status updated................54

PART VI......................................................................................................56THE IDENTIFICATION OF SIGNIFICANT AND SUSTAINED UPWARD TRENDS IN POLLUTION AND THE DEFINITION OF STARTING POINTS FOR TREND REVERSAL..................................56

Identification of significant and sustained upward trends and the definition of starting points for trend reversals....................................56

PART VII.....................................................................................................58PREVENTION AND CONTROL OF POLLUTION OF GROUNDWATER...................................................................................58

Direct discharges of pollutants into groundwater................................58Measures to prevent or limit inputs of pollutants into groundwater....59

PART VIII....................................................................................................63REPORT TO BE PREPARED BY THE ENVIRONMENTAL PROTECTION AGENCY AND INFORMATION TO BE PROVIDED IN RIVER BASIN MANAGEMENT PLANS........................................63

Report to be prepared by the Environmental Protection Agency.........63Information to be provided in river basin management plans..............64

PART IX......................................................................................................65MISCELLANEOUS PROVISIONS........................................................65

Transitional provisions.........................................................................65Revocation............................................................................................65

APPENDIX 1..............................................................................................66SCHEDULE 1..........................................................................................66

Relevant public authorities...................................................................66

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SCHEDULE 2..........................................................................................67Test procedures to confirm whether or not the conditions for Good Groundwater Quantitative Status are met............................................67

SCHEDULE 3..........................................................................................69Groundwater Quality Standards...........................................................69

SCHEDULE 4..........................................................................................70Groundwater Threshold Values...........................................................70

SCHEDULE 5..........................................................................................72Rules for establishing threshold values for groundwater pollutants and indicators of pollution..........................................................................72

SCHEDULE 6..........................................................................................75Test procedures to confirm whether or not the conditions for Good Groundwater Chemical Status are met.................................................75

SCHEDULE 7..........................................................................................77Identification and reversal of significant and sustained upward trends..............................................................................................................77

SCHEDULE 8..........................................................................................80Indicative list of the main pollutants....................................................80

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1. Purpose of consultation

The purpose of this consultation paper is to describe proposals to establish a new strengthened regime for the protection of groundwater in line with the requirements of the Water Framework Directive (2000/60/EC) and it’s daughter Groundwater Directive (2006/118/EC) through regulations and to invite views from interested stakeholders. The Minister will consider submissions and, where necessary, may amend the proposed regulations before being finalised.

Written submissions in response to this consultation should be sent by 31 August 2009 to;

Ms Tracey O’Connor,

Department of Environment, Heritage and Local Government,

Johnstown Castle Estate,

Wexford.

Tel 053 – 9163400 ext 3027

Fax 053 - 9165594

or by E-mail to: tracey.o’connor@environ.ie

Further copies of the consultation paper are available in electronic and hard- copy format on request to the person named above. The paper can also be accessed through the website www.environ.ie

Freedom of Information

Please note that, in the event of a request being made by any person under the Freedom of Information Acts 1997 and 2003, it may be necessary for a Department to disclose any or all comments received. A Department may refuse to disclose information only in exceptional circumstances. The comments received in response to this consultation paper might also be published by the Department of the Environment, Heritage and Local Government.

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2. Introduction and background

Efforts to protect the valuable groundwater resource in Europe began in the 1970’s resulting in the adoption of the first Groundwater Directive (80/68/EEC). However this early directive was limited in scope, focussing on the control of emissions of substances from industrial and urban sources. Despite additional directives aimed at controlling diffuse pollution from agricultural and industrial sources it became increasingly clear during the 1990’s to the European Union that there was a need for further action to avoid long-term deterioration of quality and quantity of all freshwater resources, including groundwater across Europe. This led to a Framework for an Integrated European Water Policy and resulted in the adoption of the Water Framework Directive (2000/60/EC). For the first time groundwater became part of an integrated water management system. The WFD includes groundwater in its river basin management planning, and sets clear milestones for groundwater bodies in terms of delineation, economic analysis, characterisation (analysis of pressures and impacts), monitoring, and the design of programmes of measures to ensure that, by the end of 2015, there is a sufficient quantity of groundwater of good chemical status.

This was later complemented by the adoption in 2006 of a daughter directive (Directive 2006/118/EC) laying down additional technical specifications on the protection of groundwater against pollution and deterioration.

In Ireland the original Groundwater Directive (80/68/EEC) was primarily transposed into National legislation through;

o The Local Government (Water Pollution) Act, 1977 to 1990.o The Local Government (Water Pollution) Regulations, 1978 (SI No 108

of 1978).o The Protection of Groundwater Regulations, 1999 (SI No 41 of 1999).

This is due to be repealed and replaced by the Waste Water Discharge (Authorisation) Regulations, 2007 (SI 684 of 2007) in 2013.

o The Local Government (Water Pollution) (Amendment) Regulations, 1999 (SI No 42 of 1999).

The old Groundwater Directive (80/68/EEC) will be repealed by 2013 under the WFD but remains in force for preventing or limiting pollution from List I and List II substances until then. It is to be replaced by the requirements of the Water Framework Directive (2000/60/EC) and new Groundwater Directive (2006/118/EC). The purpose of the proposed regulations is to transpose the requirements of the two latter directives into National legislation and provide for transitional arrangements from the old Groundwater Directive (80/68/EEC).

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3. The groundwater resource in Ireland

Groundwater is a valuable natural resource in Ireland, used in food and industrial processing, as well as being an important source of drinking water. Groundwater flows through and is stored in the pore spaces and fractures in bedrock geological deposits. If the geological deposit can yield enough water for a significant water supply then it is referred to as an aquifer.

The interaction between groundwater and surface water is complex. Groundwater chemical composition is often uncertain and its contributions to surface water flow vary; often the contribution is less than 10 per cent in the low yielding ‘poorly productive’ aquifers, but it may be up to 80 or 90 per cent in the more productive aquifers, e.g. karstified limestone or sand and gravel aquifers1.

In contrast with most other EU countries, the bedrock aquifers in Ireland have fissure permeability only. Therefore, water flow is predominantly through fissures or fractures and not through pore spaces in the rock itself; thus, any contaminants present in the groundwater undergo minimum attenuation.

The sand and gravel aquifers that underlie approximately 2 per cent of the country are the only aquifers with intergranular permeability. Aquifers are protected by the overlying soil and subsoil, where some attenuation of contaminants may occur; therefore variation in soil and subsoil type, and thickness, is important in characterising the vulnerability of aquifers to contamination from pollutants.

A large proportion of the productive aquifers in Ireland are karstified limestone. Karst landscapes develop in rocks that are readily dissolved by water, e.g. limestone (composed of calcium carbonate), and typically conduit, fissure and cave systems develop underground.

In Ireland approximately 25% of the population depend on groundwater for their water supply compared to 75% of the population in other European Union Member States. However, the environmental value of groundwater, as well as its value as a water supply reservoir, has been recognised by the ecological objectives of the WFD. Groundwater plays an essential role in the hydrological cycle and is critical for maintaining wetlands, river flows and surface water ecosystems. In most rivers in Ireland, more than 30% of the annual average flow is derived from groundwater. In low flow periods, this figure can rise to more than 90%. Therefore, reductions in groundwater input, particularly in dry weather periods, or deterioration in groundwater quality may directly affect related surface water and terrestrial ecosystems. For instance, since surface waters receive inflowing groundwater, groundwater quality will ultimately be reflected in the quality of surface waters. Therefore, the effect of human activity on groundwater quality will eventually impact on the quality of associated aquatic ecosystems and directly dependent terrestrial ecosystems if natural attenuation reactions such as biodegradation and adsorption in the subsurface are not sufficient to remove the contaminants.

The risk assessment of groundwater bodies in Ireland, completed as part of the characterisation process required under Article 5 of the WFD, indicated

1 Ireland’s Environment 2008. Environmental Protection Agency 2008.

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that groundwater underlying approximately 26.7% of the land area of Ireland was identified as at risk of failing good status 1. However, there are negative patterns of concern, which will need to be addressed2. The National monitoring programme showed that there were slight increases in nitrate and phosphate concentrations between 1995 and 2006, with elevated nitrate concentrations observed in the east and southeast of the country and elevated phosphate concentrations in the west. The presence of intensive agricultural practices in the southeast suggests that diffuse agricultural sources are the cause of the elevated nitrate concentrations; the vulnerable nature of the Karst limestone aquifers in the west may explain the elevated phosphate concentrations in groundwater, and groundwater may be contributing to eutrophication in rivers and lakes in these areas. Microbiological problems are also observed in the more vulnerable aquifers (particularly at spring monitoring locations) because they have little natural protection from organic wastes, such as septic tank effluent or farmyard manure.

The purpose of the proposed regulations is primarily, to provide a legal basis for classifying the quantitative and chemical status of all groundwater bodies and identifying significantly increasing pollution trends so that objectives may be established for each groundwater body and included in river basin management plans. Groundwater objectives are to be achieved through programmes of measures established to support the implementation of river basin plans.

1 Daly, D. and Craig. M. 2009. Chemical And Quantitative Status Of Groundwater Bodies: A Measure Of The Present, A Signpost To The Future. Proceedings of IAH (Irish Group) Seminar, Tullamore.

2 Ireland’s Environment 2008. Environmental Protection Agency 2008

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4. Scope of proposed Regulations

The proposed regulations (Appendix 1) are intended to give legal effect to groundwater protection measures required under the Water Framework Directive (2000/60/EC) and it’s daughter Groundwater Directive (2006/118/EC). The proposed regulations establish environmental objectives to be achieved for all groundwater bodies, criteria and procedures for classifying groundwater quantitative status and chemical status, and procedures for identifying significant and sustained upward trends in groundwater pollution. Various duties are assigned to public authorities and other persons. The regulations require measures to be implemented to prevent and control pollution inputs to groundwater bodies.

5. Assessment of groundwater statusThe regulations provide the basis for classifying the status of groundwater bodies.

1. The Environmental Protection Agency (“The Agency”) is assigned responsibility for classifying groundwater bodies.

2. The process of classifying groundwater bodies follows logically from the risk assessments and the characterisations of groundwater bodies carried out for Article 5 of the Water Framework Directive, 2000/60/EC. The risk assessment process was initially applied to water bodies in late 2004. The risk assessments have been further refined based on improved information and reapplied in late 2008. As a result of these, groundwater bodies have been grouped as "at risk" or "not at risk" of failing to achieve good groundwater status.

Classification is based on the results of the WFD Article 5 risk assessment and the Article 8 monitoring programme.

Groundwater bodies that are judged to be "not at risk” of failing good status may be classed as good status on the basis of the risk assessment alone when the Agency is satisfied that this is the case. For other groundwater bodies that are identified as "at risk" of failing good status they must go through additional assessment steps, taking into account water quality standards, to confirm their status.

3. Groundwater bodies are to be classified as good or poor on the basis of quantitative status and chemical status. If either the chemical or the quantitative assessment is poor, then the overall class will be poor. Rules on how to report groundwater status are set out in the regulations.

4. Achieving ‘good status’ for groundwater involves meeting a series of conditions which are defined in Annex V of the Water Framework Directive, 2000/60/EC and applied to the groundwater body. Classification tests have been developed in line with guidance produced through the collaborative European Common Implementation

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Strategy (CIS)1. Tests translating the definitions of good groundwater quantitative and chemical status into an operational classification system are being prepared by the Agency. In the interest of transparency these test are to be described in a technical report to be prepared by the Agency.

5. The quantitative classification system is divided into four tests using the criteria for good quantitative status as set out in the Water Framework Directive, 2000/60/EC. The chemical classification system is divided into five tests using the criteria for good chemical status as set out in the Water Framework Directive, 2000/60/EC and the Groundwater Daughter Directive, 2006/118/EC. The Agency is required to determine which tests should apply to each groundwater body or group of groundwater bodies.

6. The worst-case classification from the relevant five chemical tests is reported as the overall chemical status of the groundwater body, and the worst case classification from the relevant four quantitative tests is reported as the overall quantitative status. This is the one-out all-out system, as required by the Water Framework Directive, 2000/60/EC. If any one of the tests results in poor status, then the overall classification of the body will be poor (Figure 1).

7. Groundwater status objectives set by the Water Framework Directive, 2000/60/EC rely in part on the protection of, or objectives for, other associated waters and dependent ecosystems. Therefore, the objectives for these must be known before groundwater classification can be fully completed. These associated waters and dependent ecosystems may have different sensitivities to water level and/or pollutants.

Groundwater quantitative status

8. Good quantitative status is to be assigned if abstractions are less than the available resource, other uses are not impacted by abstractions and there is no saltwater intrusion as a result. The rules for assessing quantitative status (specified in Annex V, section 2.1 of the Water Framework Directive, 2000/60/EC) are set out in the regulations.

No standards have been set for the quantitative aspects of groundwater status. The approach is to determine, based on weight of evidence, whether the abstractions cause measurable and unacceptable impacts either on the groundwater body, or on associated surface water bodies on a case-by-case basis.

1 Strategic document (May 2001): "Common Strategy on the Implementation of the Water Framework Directive” (available to download at http://ec.europa.eu/environment/water/water-framework/objectives/pdf/strategy.pdf ). The aim of this Common Implementation Strategy is to allow, as far as possible, a coherent and harmonious implementation of the framework directive.

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Figure 1: Overall procedure of classification tests for assessing groundwater status(Source: EU Common Implementation Strategy, Working Group C – Groundwater, Activity WGC-2, “Status Compliance & Trends”. Groundwater Chemical Status and Threshold Values. Draft 3.1, 27 June 2008)

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9. The four tests for determining quantitative status of a groundwater body on the basis of monitoring results are described below. The Agency will determine which tests should apply to each groundwater body or group of groundwater bodies;

(i) Test for saline intrusion caused by groundwater abstraction: Status, and the presence of an intrusion of poor quality water, is determined through an assessment of trends in conductivity or chloride. The test is designed to detect the presence of an intrusion that is induced by the pumping of groundwater.

The conditions for good quantitative status are not met when the threshold values for conductivity or chloride (derived from assessing the upper limits of natural background levels of these parameters1) are exceeded and there is either: a significant and sustained rising trend in one or more key parameters at relevant monitoring points; or an existing significant impact on a point of abstraction as a consequence of intrusion.

(ii) Test for impact on surface waters caused by groundwater abstraction: Status is determined through a combination of the results of the surface water classification based on river flows, and an assessment of the scale of the impact that groundwater abstractions have on river flows. The test determines whether the impacts of groundwater abstractions on river flows, or any consequent impact on surface water ecology, are sufficient to threaten the objectives of the Water Framework Directive.

Conditions for good groundwater quantitative status are not met when an associated surface water body does not meet its objectives because of groundwater abstraction impacts on river flows, and at least 50 per cent of the allowable surface water abstraction2 can be attributed to groundwater.

(iii) Test for impact on protected Natura 2000 groundwater dependent terrestrial ecosystems (wetlands) caused by groundwater abstraction: Status is determined through a combination of the assessment of the condition of the protected Natura 2000 wetlands and an assessment of the effects on wetlands of changes in levels within groundwater bodies. The test estimates whether the changes in the water levels or flows within the wetland are sufficient to cause significant damage.

Conditions for good quantitative status are not met when a dependent wetland is significantly damaged, and the water

1 ‘Establishing the natural background levels for groundwater in Ireland’ (2007).2 Allowable abstraction rates relate to flow standards, which may be established for rivers in the future. Currently there are none.

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abstraction pressures in the groundwater body give rise to significant proportion of the changes in water levels or flows. The test of significance is determined on a case-by-case basis, taking into account the functioning of the wetland and using principles that are similar to those for the surface water test (ii above).

(iv) Test whether groundwater abstractions exceed the available resource: Status is determined by an assessment of the available groundwater resource within a groundwater body. The test checks whether abstractions exceed the available resource, having determined the quantity of water needed to meet the flows required to support the ecology of a dependent river or protected Natura 2000 wetland.

Conditions for good quantitative status are not met when the total of the long-term annual average abstraction exceeds a certain percentage of the long-term annual volume of recharge.

Groundwater chemical status

10.The rules for assessing chemical status (specified in Annex V, section 2.3 of the Water Framework Directive, 2000/60/EC and further elaborated in Article 3 of the Groundwater Directive, 2006/118/EC) are set out in the schedules of these Regulations. The criteria include EU standards for nitrates and pesticides and threshold values established for natural groundwater characteristics in Ireland. The regulations give legal effect to the EU standards and threshold values.

11.Groundwater quality standards are a combination of standards set by the European Union and "threshold values". Threshold values are locally derived standards for other pollutants that have been identified as contributing to the characterisation of the groundwater bodies as being at risk of failing good chemical status. Threshold values are intended to take account of natural characteristics of groundwater bodies in Ireland. The Groundwater Daughter Directive, 2006/118/EC provides a minimum list of pollutants that Member States must consider when setting threshold values. These are;

(i) Substances or ions or indicators which may occur both naturally and/or as a result of human activities: Arsenic, cadmium, lead, mercury, ammonium, chloride, sulphate

(ii) Man-made synthetic substances: Trichloroethylene and Tetrachloroethylene

(iii) Parameters indicative of saline or other intrusions; conductivity or chloride and sulphate.

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In addition to the above other substances have been identified as contributing to the characterisation of the groundwater bodies as being at risk, particularly because of their potential to cause breaches of established surface water and drinking water standards. They include substances, which are present in significant amounts arising because of large-scale discharges which have impacted at a water body level or existing widespread pollution. The typical sources of these substances include point sources such as; contaminated lands, mines, waste water discharges, landfills and quarries and diffuse sources such as agricultural and urban land uses.

12.Threshold values are groundwater quality standards that are to be established by each Member State and can be set nationally, or on a local groundwater body scale, for the purpose of assessing groundwater chemical status. Threshold values are triggers, such that their exceedance prompts further investigation to determine whether the conditions for good status have been met, rather than representing the boundary between good and poor status. The groundwater quality standards prescribed for nitrate and pesticides are used in the assessment process in the same way. However, if all standards and thresholds are not exceeded at any of the representative monitoring points then, the groundwater body is considered to be at good status and no further investigation is necessary.

13. In Ireland threshold values have been derived for 18 metals and inorganic substances, 14 pesticides and 8 organic substances (Table below) for the purpose of assessing each of the tests for good chemical status. Once the individual substances of concern in a given water body (substances identified through the further characterisation process as potentially putting groundwater bodies “at risk”, section 2.2. of Annex V of the Water Framework Directive, 2000/60/EC) are assessed for exceedances they must then be assessed together, on a one-out all-out basis. Effectively, the most stringent threshold will apply as the final threshold.

Inorganic substances & metals

Pesticides Organic substances

Electrical Conductivity Atrazine 1,2-DichloroethaneMolybdate Reactive Phosphorus Simazine Vinyl Chloride

Ammonium MCPA TetrachloroetheneNitrite Lindane TrichloroetheneNitrate Diuron BenzeneChloride 4,4 - DDT Benzo(alpha)pyrene

Sulphate Dieldrin Total Polycyclic Aromatic Hydrocarbons

Sodium Cypermethrin Total TrihalomethanesBoron BentazoneChromium GlyphosateArsenic ChlortoluronLead MecopropNickel Isoproturon

Mercury 2,4 Dichlorophenoxyacetic acid

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CadmiumCopperAluminiumCyanide

14.The proposed threshold values have been derived in accordance with procedures specified in the proposed regulations. The proposed list of threshold values and their numeric values are listed in the Schedules of the proposed regulations (Appendix 1).

15. It is important to note that the threshold values for classifying the status of groundwater bodies at risk are not permanently fixed and may be subject to change, at the discretion of the Minister upon recommendations from the Agency whenever new information on pollutants, groups of pollutants, or indicators of pollution indicates that a threshold value should be set for an additional substance, that an existing threshold value should be amended, or that a threshold value previously removed from the list should be re-inserted, in order to protect human health and the environment.

Threshold values can be removed from the list when the body of groundwater concerned is no longer at risk from the particular substance.

Any such changes to the list of threshold values must be reported in the context of the periodic review of the river basin management plans.

16.The five tests for determining chemical status of a groundwater body on the basis of monitoring results are described below. The Agency will determine which tests should apply to each groundwater body or group of groundwater bodies;

(i) Test for saline intrusion into groundwater: Status is determined by detecting the presence of an intrusion of poor quality water and through an assessment of trends in conductivity or chloride. The test is designed to detect the presence of an intrusion that is induced by the pumping of groundwater.

The conditions for good chemical status are not met when the threshold values for conductivity or chloride are exceeded and there is either: a significant and sustained rising trend in one or more key parameters at relevant monitoring points; or an existing significant impact on a point of abstraction as a consequence of intrusion.

The threshold values for conductivity and chloride used in this test were derived by the Agency by examining the upper limit of the natural background range of these parameters observed in coastal groundwater bodies1.

1 ‘Establishing the natural background levels for groundwater in Ireland’ (2007).

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(ii) Test for impact on surface waters caused by groundwater pollutant input: Status is determined by combining the results of the surface water classification and an assessment of the chemical inputs from groundwater bodies into surface water bodies. There is a need to assess whether this contribution, or any consequent impact on surface water ecology, is sufficient to threaten the objectives of the Water Framework Directive.

Good chemical status is not achieved when an associated surface water body does not meet its objectives, pollutant threshold values are exceeded in the groundwater body and the pollutant inputs via groundwater contribute greater than 50% of the surface water standard in the surface water body.

Where a surface water body fails its objectives because of a failed pollutant standard and there is a significant flow contribution from groundwater the threshold value for the relevant pollutant used in this test is the surface water standard established in the surface water objectives regulations.

(iii) Test for impact on protected Natura 2000 groundwater dependent terrestrial ecosystems (wetlands) caused by groundwater pollutant input: Status is determined through a combination of the assessment of the condition of Natura 2000 wetlands and an assessment of the chemical inputs from groundwater bodies into wetlands. The contribution of chemicals from groundwater to the wetland must be considered sufficient to cause significant damage.

Conditions for good chemical status are not met when a Natura 2000 dependent wetland is (or is at risk of being) significantly damaged, threshold values are exceeded in the groundwater body and groundwater contributes a significant proportion of the inputs. The test of significance will be determined on a case-by-case basis, taking into account the functioning of the wetland using the surface water significance test as a guiding principle (ii above).

To-date no specific water quality standards, beyond the general standards established in the surface water environmental objectives regulations have been derived specifically for Natura 2000 groundwater dependent terrestrial ecosystems. Therefore, there are no additional proposed threshold values for the associated groundwater bodies in this test.

(iv) Test whether groundwater intended for human consumption in drinking water protected areas is impacted by pollutants and/or is showing a significant and sustained rise in pollutant levels: The assessment is carried out on the

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raw water at the point of abstraction (pre-treatment). In order to classify the whole water body based on the assessment the monitoring point(s) must be representative point(s) in the monitoring network for the water body. Good chemical status is met when, at the point of abstraction for water intended for human consumption, there is no deterioration in groundwater quality (pre-treatment) due to human influences that could lead to an increase in water treatment. This test also assesses whether there is a significant deterioration trend in the quality of raw water and whether the trend is likely to result in future breaches of drinking water standards. The Agency has proposed 2007 as the baseline year for this assessment. Where earlier time series data are available these are also to be used to increase confidence in the assessment.

Conditions for good chemical status are not met when there is a significant and sustained rising trend in a key parameter at the point of abstraction and the relevant threshold value is exceeded.

The threshold value for each drinking water parameter used in this test at the point of abstraction (pre-treatment) is 75% of the standard established in the drinking water regulations (SI 278 of 2007).

(v) Test for impact on an entire groundwater body caused by groundwater pollutant input: Status is determined through an assessment of the spatial extent of a groundwater body exceeding an EU Standard or exceeding a threshold value for a pollutant identified during characterisation as causing a risk to human uses of the groundwater. Pollution must not be of an extent that compromises either the prescribed standards or human uses of the body as a whole. The test is not intended to assess local pollution.

Conditions for good chemical status are not met when a threshold value or EU Standard is exceeded at any representative monitoring points, and a representative aggregation of the data at the groundwater body scale indicates a significant environmental risk or a significant impairment of human uses.

The threshold value for a pollutant causing risk to the groundwater body is the higher value of either; the upper limit of the natural background range1 (for a substance that occurs naturally) or 75% of the standard established for the relevant human use (e.g. standards in drinking water regulations, SI 278 of 2007).

1 ‘Establishing the natural background levels for groundwater in Ireland’ (2007).

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6. Identification of significant and sustained upward pollution trends and their reversal

17.The proposed regulations require the identification of any significant and sustained upward trends and the reversal of such trends where they are posing an environmental risk.

18.Rules for assessing significant and sustained upward trends in pollutant concentrations are defined in the schedules of the regulations. These include the baseline data to be used for trend assessment, monitoring network design requirements and procedures to be applied (laboratory quality control and statistical analysis). Rules are also set for defining the point in the upward pollution trend where measures must be applied to reverse the trend and prevent deterioration. There are additional trend monitoring requirements in relation to significant contaminated sites/point sources.

7. Measures to prevent or limit pollutant inputs to groundwater bodies

19.The proposed regulations require that pollution control measures implemented as part of the programme of measures required under Article 12 of the European Communities (Water policy) regulations of 2003 (SI 722 of 2003) aim to prevent the input of hazardous pollutants and limit the input of non-hazardous pollutants into groundwater.

20.Measures to prevent or limit the introduction of pollutants into groundwater are already provided for under the existing Groundwater Directive (80/68/EEC). It contains elements, which are now covered by other directives such as the Landfill Directive (99/31/EC) and the Integrated Pollution Prevention and Control (IPPC) Directive (99/31/EC), which makes it redundant in some aspects in relation to the WFD programme of measures. This is why it was decided to repeal Directive 80/68/EEC under the WFD in 2013 (i.e. one year after the programmes of measures are made operational). But some provisions would have been lost without an appropriate follow-up after the directive is repealed, especially the specific requirements on the prevention of inputs of hazardous substances into groundwater and the limitation of inputs of other pollutants. Consequently, the new directive (GWD) includes legal requirements to prevent or limit inputs of pollutants into groundwater that coincide with existing provisions under the old directive while being in line with the WFD.

21.The proposed regulations assign the duty of recommending to the Minister which pollutants listed in points 1 to 9 of Annex VIII to Directive 2000/60/EC are considered hazardous or non-hazardous. The Agency is required to take account of hazardous substances belonging to the

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families or groups of pollutants referred to in points 1 to 6 of Annex VIII to Directive 2000/60/EC, namely;

(i) Organohalogen compounds and substances, which may form such compounds in the aquatic environment.

(ii) Organophosphorous compounds.

(iii) Organotin compounds.

(iv) Substances and preparations, or the breakdown products of such, which have been proved to possess carcinogenic or mutagenic properties or properties which may affect steroidogenic, thyroid, reproduction or other endocrine-related functions in or via the aquatic environment.

(v) Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

(vi) Cyanides.

The Agency is also required to take account of substances belonging to the families or groups of pollutants referred to in points 7 to 9 of Annex VIII to Directive 2000/60/EC, where it considers them to be hazardous. These substances are:

(vii) Metals and their compounds.

(viii) Arsenic and its compounds.

(ix) Biocides and plant protection products.

The Agency may also consider other pollutants not listed in Annex VIII to Directive 2000/60/EC where it considers these pollutants to present an existing or potential risk of pollution.

Hazardous pollutants are defined in Directive 2000/60/EC as “substances or groups of substances that are toxic, persistent and liable to bio-accumulate, and other substances or groups of substances which give rise to an equivalent level of concern” (Article 2(29)). Directive 2006/118/EC requires that these substances should not be introduced into groundwater (Article 6(1)(a)). Harm is deemed to have occurred when hazardous substances are present in the discharge in amounts that are discernible over and above the naturally occurring background concentrations in the receiving groundwater. Article 6.3, however provides exemptions about inputs of pollutants in certain circumstances (see below). For new discharges (e.g. from a landfill or to a soakaway) it is not acceptable to take into account the dilution of these substances by the groundwater flow, nor is it acceptable to say that such substances can enter groundwater because it has previously been polluted. At sites where the land is historically contaminated and hazardous substances have already entered the groundwater, pollution will already be considered to have occurred.

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Pollutants which are considered by the Agency to be ‘non hazardous’ may still have the capacity to cause pollution and related harmful effects, depending on their concentration in groundwater. For these substances the mere entry into, or slight deterioration in quality of groundwater is not to be considered as pollution. Pollution will only result where the entry or deterioration is linked to a harmful effect at a receptor. In this respect, all receptors at the point of entry and ‘downstream’ along the groundwater flow have to be considered. The term ‘receptor’ must be taken in its widest context to include not only the existing uses of groundwater but all plausible future uses and functions to which the groundwater might be put, as well as groundwater itself. ‘Uses’ includes both the active abstraction of groundwater by pumping and passive recipients of groundwater such as springs, rivers or wetlands.

Prevention measures for hazardous pollutant inputs into groundwater means: taking all measures deemed necessary and reasonable to avoid the entry of hazardous substances into groundwater and to avoid any significant increase in concentration in the groundwater, even at a local scale. "Reasonable" means technically feasible without involving disproportionate costs. How to define "disproportionate costs" depends on the local circumstances.

Limit measures for non-hazardous pollutant inputs into groundwater means: To take all measures necessary to prevent pollution, which will ensure that:

(i) there is no deterioration in status;

(ii) there is no significant and sustained upward trend in the concentrations of pollutants in groundwater.

Limiting inputs to prevent pollution will ensure that the concentration of the substance remains below a level such that harm to a receptor does not occur, or that local maximum allowable concentrations and/or relevant groundwater quality standards are not exceeded. Such measures are required to take account of established best practice, including the Best Environmental Practice and Best Available Techniques specified in the relevant Community legislation, at least.

The term “input” refers to; “any entry of a substance into groundwater from an activity, whether accidental or deliberate, point source or a diffuse source, that causes a release of a pollutant into groundwater”.

The term “Input” is distinctly different from “discharge” (used in the 80/68/EEC Directive) in that it covers all pollutants that enter groundwater, and is not restricted to deliberate disposals. This means that the term input covers a broader range of scenarios/situations where substances are entering the subsurface than is covered by 80/68/EEC.

Inputs can be either point source from one single discharge/emission/installation, or diffuse sources resulting from many losses or emissions. The distinction between the two is the number of inputs and the scale over which they occur.

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Certain types of pollutant inputs to groundwater may be exempted by the local authorities from the requirement to prevent inputs of hazardous substances and limit inputs of non-hazardous substances as long as any more stringent requirements of other Community legislation is not compromised (e.g. the achievement of protected area objectives such as Natura 2000 sites).

Inputs of pollutants which may be exempted from the “measures to prevent and limit inputs into groundwater” include the following;

(i) While all “direct discharges” of pollutants into groundwater are prohibited, certain types of discharges are exempted where subject to prior authorisation and provided that the achievement of all relevant environmental objectives are not compromised. The types of direct discharges which may be permitted under a system of prior authorisation include;

reinjection of water used for geothermal purposes or pumped groundwater from mines, quarries or civil engineering works,

injection of water (containing substances) from the operations for exploration and extraction of hydrocarbons or mining activities into geological formations subject to strict conditions,

injection of natural gas or liquefied petroleum gas (LPG) for storage purposes into geological formations in certain limited circumstances,

inputs resulting from construction, civil engineering and building works or similar activities on, or in the ground which come into contact with groundwater as long as the activity is subject to a strict system of general binding rules designed to protect groundwater, or

the deliberate discharge of small quantities of substances for scientific purposes for characterisation, protection or remediation of water bodies.

(ii) Pollutant inputs which are considered too small to cause a risk of deterioration in groundwater quality;

(iii) Pollutant inputs resulting from accidents or natural causes which could not have been reasonably foreseen, avoided or mitigated;

(iv) Pollutant inputs resulting from artificial recharge or augmentation of bodies of groundwater subject to a system of prior authorisation, which aims to protect surface water and groundwater objectives;

(v) Pollutant inputs which cannot be prevented or limited for technical reasons without using measures which would increase risks to human health or the environment; or would be disproportionately expensive to implement;

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(vi) Pollutant inputs resulting from interventions in surface waters (including at international level) for the purposes of managing waters and waterways; for example, with the aim of mitigating the effects of floods and droughts. Such activities must be subject to a strict system of general binding rules designed to protect groundwater.

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8. Outline of the proposed Regulations

Part I – General

1. Article 2 outlines the purpose and scope of the proposed Regulations. The purpose of the regulations is to transpose into Irish law the measures needed to achieve the environmental objectives established for bodies of groundwater under Water Framework Directive (2000/60/EC) and it’s daughter Groundwater Directive (2006/118/EC),. These include, for example;

- the obligation to protect and restore waters - the need to establish environmental quality standards for pollutants

or indicators of pollution- the need to lay down rules and procedures for assessing

groundwater quantitative and chemical status, - the need to lay down procedures for identifying significant and

sustained upward trends in groundwater pollution - the requirement to prevent or limit inputs of pollutants into

groundwater- the need to lay down the rules and procedures for the presentation

and reporting of groundwater monitoring results and the classification of groundwater bodies, and

- the need to make operational the programmes to achieve these objectives.

Obligations under the Regulations apply to all groundwater bodies. 2. Article 3 provides a list of definitions for terms appearing in the

proposed regulations.

Part II - Environmental Objectives For Groundwater And Duty On Public Authorities

1. Article 4 requires public authorities listed in Schedule 1 of the Regulations to implement measures necessary to achieve the objectives for groundwater bodies.

The objectives for groundwater bodies are generally; to prevent or limit the input of pollutants into groundwater, to achieve ‘good quantitative status’ and ‘good chemical status’ in all bodies of groundwater by 2015, to achieve a balance between abstractions and recharge, and to reverse any significant and sustained upward pollution trends.

2. Articles 5 and 6 set out the general duties that apply to a public authority in carrying out its functions. A public authority must undertake its functions in a manner that will promote compliance with the requirements and objectives of the Regulations; it may not carry out a

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public function in a manner that will knowingly cause or allow deterioration in the status of a water body, it must ensure (in so far as its functions allow) that waters comply with the objectives contained in the Regulations and it must take all the necessary steps appropriate to its functions to achieve these objectives. Public authorities must consult, cooperate and liaise with other bodies, including authorities in Northern Ireland for the purpose of securing compliance with the regulations in the national and international river basin districts.

3. Articles 7 to 11 provide for exemptions, which are an integral part of environmental objectives under the WFD. These range from small-scale temporary exemptions to mid and long-term deviations from the rule of ‘good status by 2015’. The WFD provides for the following types of exemptions:

The possibility of extending the deadline by up to two further six-year river basin planning cycles; in other words, the achievement of good status may be deferred in certain individual cases until 2027 (article 4.4)

The setting of less stringent objectives under certain conditions (Article 4.5)

Allowing temporary deterioration in the case of natural causes or ‘force majeur’ (Article 4.6), and

Allowing certain flexibility in relation to new alterations to groundwater levels to accommodate new sustainable human development activities (Article 4.7)

4. Articles 7, 8, 9 and 10 make provision for the exemptions mentioned in paragraph 3. Strict conditions must be met in all individual cases and justification must be included in river basin management plans. Article 11 restricts the use of exemptions where application of the exemption would permanently exclude or compromise the achievement of the objective for another body of water in the same river basin district or would be inconsistent with other EU Community environmental legislation.

Part III - General duties on public authorities and other persons under these Regulations

1. Article 12 makes it an offence to not comply with a requirement of the Regulations. The penalties for non-compliance are set down in Article 13. Prosecution for an offence under the Regulations may be taken by a Minister of the Government, the Environmental Protection Agency, the co-ordinating local authority for the river basin district and, where appropriate, the relevant public authority (Article 16).

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2. Articles 17 to 20 deal with matters relating to the non-performance of functions under the Regulations by public authorities and other persons and provide for advice, assistance, direction, recovery of costs and application to the Courts.

3. Articles 17 and 18 allow the co-ordinating local authority for the river basin district, the EPA or the relevant public authority to request reports, issue advice and recommendations and to provide assistance or support where it is of the view that a function or duty under the Regulations is not being performed in a satisfactory manner. Article 19 provides for the issuing of directions in the event that the response to the advice and recommendations is inadequate. Article 20 provides for the recovery of costs in any court as a simple contract debt where a public authority carries out, or causes to have carried out, any work to address a failure to comply with a direction given.

4. Articles 21 and 22 provide for application by a Minister of Government, the EPA, the co-ordinating local authority for a river basin district or a public authority to the Courts where functions and duties under the Regulations are not being undertaken in a manner consistent with the achievement of the environmental objectives established, or with a direction issued under Article 19. The Court may issue direction to take such steps as are necessary to address the inconsistencies or other matters identified, and may make such provision, including costs, as the Court considers appropriate.

5. Articles 22 provides that the powers, duties and functions assigned to a public authority by the Regulations are additional to any others assigned under other legislation.

Part IV - Duty on the Environmental Protection Agency to classify groundwater bodies and to make recommendations and give directions regarding measures to be taken to achieve objectives

1. Articles 24 and 25 place a duty on the Environmental Protection Agency, to classify in accordance with the requirements of the Regulations each groundwater body according to its quantitative status and chemical status. The manner of presentation of the monitoring results and classifications is set out in Article 25.

2. Article 26 enables the Agency to issue advice and/or give directions, where it considers it necessary, to a public authority or authorities concerned on the measures to be taken for the purposes of achieving the objectives of these Regulations.

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Part V - The assessment of groundwater quantitative status and chemical status

1. The rules and procedures for classifying groundwater bodies have been described in detail in Section 5. The following briefly sets out the provisions in the relevant regulations.

2. Articles 27 to 32 lay down the rules and procedures for the classification of groundwater quantitative status. Where the Agency is not satisfied that the conditions for good quantitative status specified in the regulations are met it is required to classify the groundwater body as poor quantitative status.

3. Articles 33 to 38 lay down the rules and procedures for the classification of groundwater chemical status. Where the Agency is not satisfied that the conditions for good chemical status specified in the regulations are met it is required to classify the groundwater body as poor chemical status.

4. There is a need to provide for the early classification of groundwater bodies to allow preparation of the first river basin management plans and programmes of measures covering the period 2009 to 2015. Waters must either be protected or restored depending on the status assigned. Articles 39 to 41 require the Agency to assign an interim status to each groundwater body where it can reliably do so on the basis of available information. The Agency must take account of all relevant data including the results of monitoring, risk assessments, and monitoring and/or assessments undertaken for associated surface waters, Natura 2000 groundwater dependent terrestrial ecosystems and other protected areas.

5. Articles 42 to 46 places a duty on the Environmental Protection Agency to keep threshold values for the assessment of groundwater chemical status updated. Procedures for establishing additional threshold values are set out. These values may be set at any scale from national to water body level. In the case of shared water bodies in International River basin districts the establishment of threshold values must be coordinated with the authorities in Northern Ireland. The Agency is obliged to keep the list of threshold values under review and where it considers it necessary, for the purpose of protecting human health and the environment, due to new information it is required to make recommendations to the Minister to amend the regulations to modify, remove or add threshold values for substances. Such changes are to be reported in the subsequent river basin management plan.

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Part VI - The identification of significant and sustained upward trends in pollution and the definition of starting points for trend reversal

1. Articles 47 to 51 set out the procedures (technical and statistical analysis requirements) to be used by the Agency to identify significant and sustained upward trends in pollution in groundwater bodies. They also specify procedures for defining the starting point for reversing upward trends in pollution, where the trend presents a significant risk of harm to the quality of aquatic ecosystems or terrestrial ecosystems, to human health, or to actual or potential legitimate uses of the water environment.

In the case of existing plumes of pollution in bodies of groundwater, in particular, those plumes resulting from point sources and contaminated land, the Agency is required to carry out, or direct another relevant body or person to carry out additional trend assessments for identified pollutants in order to verify that plumes from contaminated sites do not expand, do not deteriorate the chemical status of the body or group of bodies of groundwater, and do not present a risk to human health and the environment. For the purpose of undertaking a trend assessment of existing plumes of pollution the Agency may direct a public authority or another body to undertake additional monitoring within a groundwater body. The direction may specify the location of sampling points, the frequency of sampling, the parameters to be monitored and any other conditions that the Agency considers necessary. It will be an offence not to comply with a direction.

Where significant pollution trends are identified, as described above, the relevant river basin district coordinating authorities, in consultation with the relevant public authorities, are required to reverse trends through the programme of measures in order to progressively reduce pollution and prevent deterioration of groundwater.

Part VII - Prevention and control of pollution of groundwater

1. Article 52 prohibits all direct discharges of pollutants into groundwater subject to certain exemptions, which have been described already in Section 7.

2. Articles 53 to 55 requires the Agency to make recommendations to the Minister identifying the circumstances under which the pollutants in Schedule 8 are to be considered hazardous or non-hazardous. The Minister may following consultations, amend these Regulations to include the lists of hazardous and non-hazardous pollutants.

3. Articles 56 requires that pollution control measures implemented as part of the programme of measures required under Article 12 of the European Communities (Water policy) regulations of 2003 (SI 722 of

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2003) include rules or conditions necessary to prevent the input of hazardous pollutants and limit the input of non-hazardous pollutants into groundwater.

4. In order that objective of preventing and limiting pollutant inputs is achieved Articles 56 enables the Agency, where it considers it necessary, review and, if appropriate, revise or direct another relevant body or person to revise existing codes of practice or general binding rules for activities discharging hazardous or non-hazardous substances either directly or indirectly into groundwater. The Agency may identify other activities discharging hazardous or non-hazardous substances and make recommendations to the Minister regarding General Binding Rules or Codes of Good Practice to be adopted. Where directed by the Minister, the Agency shall prepare and publish the appropriate General Binding Rules or Codes of Good Practice in relation to activities causing risk to groundwater. General Binding Rules or Codes of Good Practice should address diffuse sources of pollution where appropriate technically feasible.

5. Under Articles 59 and 60 the Agency may make recommendations regarding the detailed technical rules under which the certain categories of pollutant inputs may be exempted from the prevent and limit measures required by Article 56 as long as any more stringent requirements of other Community legislation is not compromised (e.g. the achievement of protected area objectives such as Natura 2000 sites).

The types of inputs of pollutants which may be exempted from the “measures to prevent and limit inputs into groundwater” include the following;

(i) While all “direct discharges” of pollutants into groundwater are prohibited, certain types of discharges are exempted where subject to prior authorisation and provided that the achievement of all relevant environmental objectives are not compromised. The types of direct discharges which may be permitted under a system of prior authorisation include;

reinjection of water used for geothermal purposes or pumped groundwater from mines, quarries or civil engineering works,

injection of water (containing substances) from the operations for exploration and extraction of hydrocarbons or mining activities into geological formations subject to strict conditions,

injection of natural gas or liquefied petroleum gas (LPG) for storage purposes into geological formations in certain limited circumstances,

inputs resulting from construction, civil engineering and building works or similar activities on, or in the ground which come into contact with groundwater as long as the

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activity is subject to a strict system of general binding rules designed to protect groundwater, or

the deliberate discharge of small quantities of substances for scientific purposes for characterisation, protection or remediation of water bodies.

(ii) Pollutant inputs which are considered too small to cause a risk of deterioration in groundwater quality;

(iii) Pollutant inputs resulting from accidents or natural causes which could not have been reasonably foreseen, avoided or mitigated;

(iv) Pollutant inputs resulting from artificial recharge or augmentation of bodies of groundwater subject to a system of prior authorisation, which aims to protect surface water and groundwater objectives;

(v) Pollutant inputs which cannot be prevented or limited for technical reasons without using measures which would increase risks to human health or the environment; or would be disproportionately expensive to implement;

(vi) Pollutant inputs resulting from interventions in surface waters (including at international level) for the purposes of managing waters and waterways; for example, with the aim of mitigating the effects of floods and droughts. Such activities must be subject to a strict system of general binding rules designed to protect groundwater.

The Agency is required to keep an inventory of the exemptions referred to in Article 59 for the purpose of notification, upon request, to the Minister and the Commission. The Agency may direct a public authority to provide information in relation to the location and nature of exempted inputs of pollutants, and any other information, which it considers necessary. The relevant public authority, must take the steps necessary to provide the information requested by the Agency and it shall be an offence not to comply with this requirement.

Part VIII - Report to be prepared by the Environmental Protection Agency and information to be provided in River Basin Management Plans

1. In the interests of transparency Article 61 requires the Agency to prepare and publish a detailed technical report as a background document supporting the river basin plan, containing the following;

(i) the methods and procedures used to assign groundwater quantitative status;

(ii) the methods and procedures used to assign groundwater chemical status;

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(iii) all threshold values established for all bodies or groups of bodies of groundwater together with a summary of how they were established;

(iv) The methods and procedures used to identify those bodies which are subject to a significant and sustained upward trend in concentration of any pollutant or which are showing a reversal of that trend and how trend assessment from individual monitoring points within a body or a group of bodies of groundwater has contributed to this identification and the reasons for the starting points chosen for pollution trend reversal;

(v) the results of the additional monitoring and trend assessments for identified pollutants used to verify that plumes from contaminated sites do not expand, do not deteriorate the chemical status of the body or group of bodies of groundwater, and do not present a risk for human health and the environment.

2. Article 62 requires the coordinating authorities in each river basin district to include the following information in the river basin management plans;

(i) A summary of the assessment of groundwater quantitative status;

(ii) A summary of the assessment of groundwater chemical status;

(iii) A summary of the way in which the trend assessment from individual monitoring points within a body or a group of bodies of groundwater has contributed to identifying those bodies which are subject to a significant and sustained upward trend in concentration of any pollutant or a reversal of that trend and the reasons for the choice of starting points;

(iv) the results of the additional monitoring and trend assessments for identified pollutants used to verify that plumes from contaminated sites do not expand, do not deteriorate the chemical status of the body or group of bodies of groundwater, and do not present a risk for human health and the environment.

Part IX – Miscellaneous provisions

1. Regulation 63 provides for transitional measures to apply during the period between the date of implementation of these Regulations and the date from which Directive 80/68/EEC is repealed.

2. Regulation 64 revokes the Local Government (Water Pollution) (Amendment) Regulations 1999 (S.I. No. 42 of 1999) with effect from 22 December 2013.

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9. Regulatory Impact Analysis

A screening Regulatory Impact Assessment (RIA)1 was completed in March 2005 on the Groundwater Directive as drafted in January 2005. The RIA was overseen by a cross-Departmental steering group chaired by the Environmental Protection Agency with the assistance of environmental consultants, ERM. The draft Groundwater Directive is a daughter Directive of the Water Framework Directive, therefore, the main focus of the RIA was to identify and analyse the additional requirements specifically arising from the transposition of the Groundwater Directive. Each additional requirement was examined in relation to its likely economic, environmental and social impact (both positive or negative).

The RIA was carried out at a stage preceding the final agreement of the text of the Directive and was used to inform Ireland’s participation in the negotiations on the draft Directive.

The RIA concluded that the impacts of the Groundwater Directive were not sufficiently significant to warrant a Full RIA, as the majority of potential impacts already arose from Article 17 of the Water Framework Directive. Therefore, it was not recommended to carry out a full RIA on the proposed Directive.

Key additional requirements of the Groundwater Directive which were identified and assessed included; the targeted monitoring of groundwater bodies “at risk”; the additional reporting requirements; detailed technical criteria and procedures for assessing groundwater status; the State’s responsibility with respect to assessment of contaminant plumes and the requirement to prevent inputs of hazardous substances.

Impacts identified include an overall positive impact on groundwater quality and hence on the quality of life for those in the population who obtain drinking water from a groundwater source. A number of other expected benefits for society as a whole were also noted including reduced water treatment requirements and costs, improved likelihood of future generations being able to source unpolluted water from local groundwater sources and improved farming practices and industrial practices that result in decreased pollution.

The potential environmental impacts identified during the RIA were found to be intrinsically linked to the groundwater requirements of the Water Framework Directive. 'The economic costs highlighted relate to the additional monitoring costs of key compounds, additional reporting and, depending on one's interpretation of the Directive, potentially more onerous measures to prevent the input of hazardous substances into groundwater. Sectoral effects were also referenced including effects in relation to mining, road construction and maintenance and agriculture.

A partial RIA was more recently carried out during the preparation of the proposed regulations in this consultation paper (available at www.environ.ie ). As the Water Framework Directive (2000/60/EC) and it’s daughter Groundwater Directive (2006/118/EC) have both been adopted, Ireland is

1 Screening Regulatory Impact Assessment of proposed Groundwater Directive (2005)

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already committed to implementing them in full. The RIA demonstrated that the proposed regulations will strengthen the protection of groundwater and it’s dependent uses (e.g. drinking water abstractions and Natura 2000 wetlands). The assessment of groundwater status will be more complex than in the past, however, it will be a more accurate reflection of human impacts on status. Realistic and achievable objectives will be established for groundwater bodies. The proposed protection regime is risk-based meaning that the effort and resources invested in investigating status failures and taking action to protect and remediate will be more focussed and cost effective.

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Appendix A – Proposed European Communities Environmental Objectives (Groundwater) Regulations

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S.I. No. of

DRAFT EUROPEAN COMMUNITIES ENVIRONMENTAL OBJECTIVES (GROUNDWATER) REGULATIONS

PART I

GENERAL

WHEREAS, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3(3) of the European Communities Act 1972 (No. 27 of 1972) as inserted by section 2 of the European Communities Act 2007 (No. 18 of 2007), consider it necessary for the purpose of giving further effect to Directive 2000/60/EC1 of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and giving effect to Directive 2006/118/EC 2 of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration to make provision for offences under the following Regulations to be prosecuted on indictment:

AND WHEREAS, I consider that it is necessary, having 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 provisions 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 (S.I. No. 18 of 2007) and for the purpose of giving further effect to 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 and giving effect to Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration herby make the following Regulations:

1 OJ No. L. 327, 22.12.2000, p.1.

2 OJ No. L. 372, 27.12.2006, p.19.

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Citation and commencement

1) (a) These Regulations may be cited as the European Communities Environmental Objectives (Groundwater) Regulations ……..

(b) These Regulations shall come into operation on ……..

Purpose and scope of the Regulations

2) These Regulations apply to all groundwater bodies and are made to give effect to the measures needed to achieve the environmental objectives established for bodies of groundwater by Article 4(1)(b) of Directive 2000/60/EC of the European Parliament and of the Council, hereinafter known as the Water Framework Directive and to give effect to the requirements of Directive 2006/118/EC2 of the European Parliament and of the Council, hereinafter known as the Groundwater Directive and include the following:

(i) measures necessary to prevent or limit the input of pollutants into groundwater and to prevent the deterioration of the status of all bodies of groundwater, in accordance with Article 4(1)(b)(i) of Directive 2000/60/EC;

(ii) measures to protect, enhance and restore all bodies of groundwater, ensure a balance between abstraction and recharge of groundwater, with the aim of achieving good groundwater status by not later than 22 December 2015, in accordance with Article 4(1)(b)(ii) of Directive 2000/60/EC;

(iii) measures to reverse any significant and sustained upward trend in the concentration of any pollutant resulting from the impact of human activity in order progressively to reduce pollution of groundwater, in accordance with Article 4(1)(b)(iii) of Directive 2000/60/EC, including criteria for assessing good groundwater chemical status and criteria for the identification of significant and sustained upward trends and for the definition of starting points for trend reversals;

(iv) measures for determining; groundwater quantitative status, in accordance with section 2.1 of Annex V of Directive 2000/60/EC and groundwater chemical status in accordance with section 2.3 of Annex V of Directive 2000/60/EC.

(v) measures establishing quality standards and threshold values and methodologies, in order to provide criteria for the assessment of the

2

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chemical status of bodies of groundwater, in accordance with Article 3(1) of Directive 2006/118/EC;

(vi) the laying down of rules for the presentation and reporting of groundwater monitoring results, trend assessments and the classification of quantitative status and chemical status of groundwater bodies in accordance with the requirements of Article 15, Annex V and Annex VII of Directive 2000/60/EC and Articles 4 and 5 of Directive 2006/118/EC;

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Interpretation

3) (1) In these Regulations, save where the context otherwise requires, —

"Act of 1972" means the European Communities Act of 1972 as amended by the European Communities Act 2007;

"Act of 1977" means the Local Government (Water Pollution) Act 1977 as amended by the Local Government (Water Pollution) (Amendment) Act 1990;

"Act of 1992" means the Environmental Protection Agency Acts 1992 as amended by the Protection of the Environment Act 2003 and the Water Services Act 2007;

"Act of 1996" means the Waste Management Act 1996 as amended by the Waste Management (Amendment) Act 2001, Part 3 of the Protection of the Environment Act 2003, Part 2 of the Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), Waste Management (Environmental Levy) (Plastic Bag) Order 2007 (S.I. No. 62 of 2007), Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008) and the Waste Management (Certification of Historic Unlicensed Waste Disposal and Recovery Activity) Regulations 2008 (S.I. No. 524 of 2008);

"Agency" means the Environmental Protection Agency;

“aquifer” means 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;

“available groundwater resource” means the long-term annual average rate of overall recharge of the body of groundwater less the long-term annual rate of flow required to achieve the ecological quality objectives for associated surface waters specified under Article 4 of Directive 2000/60/EC, to avoid any significant diminution in the ecological status of such waters and to avoid any significant damage to associated terrestrial ecosystems.

“background level” means the concentration of a substance or the value of an indicator in a body of groundwater corresponding to no, or only very minor, anthropogenic alterations to undisturbed conditions;

“baseline level” means the average value measured at least during the reference years 2007 and 2008 on the basis of monitoring programmes

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implemented under Article 8 of the Water Framework Directive or, in the case of substances identified after these reference years, during the first period for which a representative period of monitoring data is available;

“body of groundwater” means a distinct volume of groundwater within an aquifer or aquifers;

"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;

"co-ordinating local authority" has the same meaning as in the 2003 Regulations;

"Commission" means the Commission of the European Communities;

“Direct discharge to groundwater” means discharge of pollutants into groundwater without percolation throughout the soil or subsoil;

"Directive 80/68/EEC" means Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances (OJ No. L 20, 26.1.1980);

"Directive 91/414/EEC" means Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market;

"European site" means—

(a) a site (until the adoption, in respect of the site, of a decision by the European Commission under Article 21 of Council Directive 92/43/EEC for the purposes of the third paragraph of Article 4(2) of that Directive) —

(i) notified for the purposes of Regulation 4 of the European Communities (Natural Habitats) Regulations (S.I. No. 94 of 1997), subject to any amendments made to it by virtue of Regulation 5 of those Regulations,

(ii) details of which have been transmitted to the Commission in accordance with Regulation 5(4) of the said Regulations, or

(iii) added by virtue of Regulation 6 of the said Regulations to the list transmitted to the Commission in accordance with Regulation 5(4) of those Regulations,

(b) a site adopted by the European Commission as a site of Community importance for the purposes of Article 4(2)

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of Council Directive 92/43/EEC in accordance with the procedures laid down in Article 21 of that Directive,

(c) a special area of conservation within the meaning of the European Communities (Natural Habitats) Regulations, (S.I. No. 94 of 1997) or

(d) an area classified pursuant to Article 4(1) or 4(2) of Council Directive 79/409/EEC.

“good groundwater status” means the status achieved by a groundwater body when both its quantitative status and its chemical status are at least good.

"good groundwater chemical status" means the chemical status of a body of groundwater, which meets all the conditions for good chemical status set out in Article 33 to 37 of these Regulations;

“good groundwater quantitative status” means the quantitative status of a body of groundwater, which meets all the conditions for good quantitative status set out in Article 27 to 30 of these Regulations;

“groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

“groundwater quality standard” means an environmental quality standard expressed as the concentration of a particular pollutant, group of pollutants or indicator of pollution in groundwater, which should not be exceeded in order to protect human health and the environment;

“quantitative status” is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions;

"hazardous substance" means substances or groups of substances that are toxic, persistent and liable to bio-accumulate and other substances or groups of substances that give rise to an equivalent level of concern;

“Indirect discharge to groundwater” means discharge of pollutants into groundwater after percolation throughout the soil or subsoil;

‘input of pollutants into groundwater’ means the direct or indirect introduction of pollutants into groundwater as a result of human activity;

"Minister" means the Minister for the Environment, Heritage and Local Government unless otherwise indicated;

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"pollutant" means any substance liable to cause pollution, in particular those listed in Schedule 8 of these Regulations;

“pollution” means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, which result in damage to material property, or which impair or interfere with amenities and other legitimate uses of the environment.

"protected areas" means areas designated as requiring special protection under specific Community legislation for the protection of their surface water and groundwater or for the conservation of habitats and species of European sites directly dependent on water and listed in the register established by the Agency in accordance with Article 8 of the 2003 Regulations;

"public authority" means an authority or State Sponsored Body listed in Schedule 1 of these Regulations;

“Quantitative status” is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions.

"river" means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course;

"river basin district" has the same meaning as in the 2003 Regulations;

"river basin district co-ordinating authorities" means an authority designated as a co-ordinating authority for a river basin district in accordance with Article 6 of the 2003 Regulations;

"river basin management plan" means a river basin management plan, or updating of a river basin management plan, made in accordance with Article 13 of the 2003 Regulations;

‘significant and sustained upward trend’ means any statistically and environmentally significant increase of concentration of a pollutant, group of pollutants, or indicator of pollution in groundwater for which trend reversal is identified as being necessary in accordance with Part VI of these Regulations;

"surface water" means inland waters, except groundwater, transitional waters and coastal waters, except in respect of chemical status for which it shall also include territorial waters;

“threshold value” means a groundwater quality standard referred to in Article 36(b) of these Regulations;

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"Water Framework Directive" means 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;

“1999 Regulations” means the Local Government (Water Pollution) (Amendment) Regulations 1999 (S.I. No. 42 of 1999)

"2003 Regulations" means the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003) as amended;

"2006 Regulations" means the European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2006 (S.I. No. 378 of 2006) as amended.

“2007 Regulations” means the Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007).

“2008 Regulations” means the European Communities (Water Policy) (Amendment) Regulations 2008 (S.I. No. 219 of 2008).

“2009 Regulations” means the European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. XXX of 2009)

(2) A word or expression that is used in these Regulations and is also used in 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 and Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration has, unless the contrary intention appears, the same meaning in these Regulations as in the Directive concerned.

(3) In these Regulations, unless otherwise identified, a reference to - (a) a Part is a reference to a Part of these Regulations; (b) an Article is a reference to an Article of these Regulations; (c) a sub-article, paragraph or sub-paragraph is a reference to

a sub-article, paragraph or sub-paragraph of the Article, sub-article or paragraph in which the reference occurs.

(b) a Schedule is a reference to a Schedule of these Regulations;

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PART II

ENVIRONMENTAL OBJECTIVES FOR GROUNDWATER

Environmental objectives and duty on public authorities

4) A public authority listed in Schedule I shall, subject to the provisions and limitations listed elsewhere in these Regulations, implement the necessary measures appropriate to its functions in order to achieve the following objectives:

(a) to prevent the input of hazardous pollutants and limit the input of non-hazardous pollutants into groundwater and to prevent the deterioration of the status of all bodies of groundwater.

(b) to protect, enhance and restore all bodies of groundwater, ensure a balance between abstraction and recharge of groundwater, with the aim of achieving good groundwater quantitative status and good groundwater chemical status at the latest 15 years after the date of entry into force of this Directive, in accordance with the provisions laid down in Parts V and VI.

(c) to reverse any significant and sustained upward trend in the concentration of any pollutant resulting from the impact of human activity in order progressively to reduce pollution of groundwater.

Measures to achieve trend reversal shall be implemented in accordance with Articles 33 to 37 and Part VI, subject to the application of Articles 9 to 10 and without prejudice to Articles 11(a) of these Regulations;

5) A public authority shall not in the performance of its functions undertake those functions in a manner that knowingly causes or allows deterioration in the quantitative status or chemical status of a groundwater body.

6) Public authorities shall consult, cooperate and liaise with other public authorities within the river basin district and, where appropriate with the relevant competent authorities in Northern Ireland, in such a manner and to such extent as is necessary to coordinate compliance with these Regulations.

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Extended deadlines

7) The deadline established under Article 4(b) for the restoration of bodies of groundwater may be extended for the purpose of the phased achievement of good status provided that no deterioration occurs in the status of the affected body of water and all of the following conditions are met –

(a) it is demonstrated that the required improvements in status cannot reasonably be achieved within the timescales set out in Article 4(b) for at least one of the following reasons;

(i) the scale of improvements can only be achieved in phases exceeding the timescale for reasons of technical feasibility;

(ii) completing the improvements within the timescale would be disproportionately expensive;

(iii) natural conditions do not allow timely improvements in the status of the body of water;

(b) extension of the deadline, and the reasons for it, are set out and explained in the relevant river basin management plan prepared for the purposes of Article 13 of the 2003 Regulations;

(c) extensions shall be limited to a maximum of two further updates of the river basin management plan except in cases where the natural conditions are such that the objectives cannot be achieved within this period;

(d) a summary of the measures envisaged as necessary to bring the bodies of water progressively to the required status by the extended deadline, the reasons for any significant delay in making these measures operational, and the expected timetable for their implementation are set out in the river basin management plan. A review of the implementation of these measures and a summary of any additional measures shall be included in updates of the river basin management plan.

Less stringent environmental objectives

8) Less stringent environmental objectives may be applied in the case of groundwater bodies where the water bodies are so affected by human activity, as determined by the analysis of the characteristics of the river basin prepared for the purposes of Article 7 of the 2003 Regulations, or their natural condition is such that the achievement of the prescribed

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quality objectives would be infeasible or disproportionately expensive, and the following conditions are met

(a) the environmental and socio-economic needs served by such human activity cannot be achieved by other means, which are a significantly better environmental option not entailing disproportionate costs;

(b) in the case of groundwater, the least possible changes to good groundwater status, given impacts that could not reasonably have been avoided due to the nature of the human activity or pollution;

(c) no further deterioration occurs in the status of the affected body of water;

(d) the establishment of less stringent environmental objectives, and the reasons for it, are specifically mentioned in the river basin management plan referred to in Article 13 of the 2003 Regulations, and those objectives are reviewed every six years.

Temporary deterioration in groundwater status

9) Temporary deterioration in the status of bodies of groundwater shall not result in failure to meet the environmental objectives set out in these Regulations provided the deterioration is the result of circumstances of natural cause or force majeure which are exceptional and could not reasonably have been foreseen, in particular extreme floods or prolonged droughts or the results of circumstances due to accidents which could not reasonably have been foreseen, provided all of the following conditions are met –

(a) all practicable steps are taken to prevent further deterioration in status and to protect other water bodies not affected directly by the said circumstances;

(b) the conditions under which circumstances that are exceptional or could not reasonably have been foreseen are documented in the river basin management plan;

(c) the measures to be taken under such exceptional circumstances are included in the programme of measures and will not compromise the recovery of the quality of the body of water once the circumstances are over;

(d) the effects of the circumstances are reviewed annually and subject to consideration of scale, technical feasibility, cost and natural conditions, all practicable measures are taken to restore the body of

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water to the status that obtained prior to the effects of those circumstances as soon as reasonably practicable;

(e) a summary of the effects of the circumstances and of such measures taken or to be taken to restore the body of water to the status that obtained prior to the effects of those circumstances is included in the next update of the river basin management plan.

New alterations to groundwater levels

10) Failure to achieve good groundwater status, or to prevent deterioration in the status of a body of groundwater resulting from alterations to the level of bodies of groundwater, shall not be a breach of these Regulations when all the following conditions are met –

(a) All practicable steps are taken to mitigate the adverse impact on the status of the body of groundwater;

(b) The reasons for those alterations are specifically set out and explained in the river basin management plan required under Article 13 of the 2003 Regulations and the objectives are reviewed every six years;

(c) The reasons for those alterations are of overriding public interest and/or the benefits to the environment and to society of achieving the objectives established by Article 4 are outweighed by the benefits of the new alterations to human health, to the maintenance of human safety or to sustainable development, and

(d) The beneficial objectives served by these alterations of the water body cannot for reasons of technical feasibility or disproportionate cost be achieved by other means, which are a significantly better environmental option.

Application of exemption provisions

11) Application of the exemption provisions referred to in Articles 7, 8, 9 and 10 must ensure that –

(a) achievement of the environmental objectives is not permanently excluded or compromised in other bodies of water within the same river basin district and measures taken are consistent with the implementation of other Community environmental legislation.

(b) the same level of protection as is afforded by existing Community legislation is guaranteed.

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PART III

GENERAL DUTIES ON PUBLIC AUTHORITIES AND OTHER PERSONS UNDER THESE REGULATIONS

Prosecution of offences and performance of statutory functions by public authorities

12) It shall be an offence not to comply with a requirement of these Regulations.

13) A person, public authority, body corporate or unincorporated body guilty of an offence is liable,

(a) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both, or

(b) on conviction on indictment to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both.

14) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or of a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if that person was guilty of the first-mentioned offence.

15) Where the affairs of a body corporate or unincorporated body are managed by its members, Article 14 shall apply to the acts and defaults of a member in connection with that member’s functions of management as if that member was a director or manager of the body.

16) A prosecution for an offence under these Regulations may be taken by a Minister of the Government, the Agency, the co-ordinating local authority for the river basin district, and, where appropriate, the relevant public authority. A prosecution for an offence may be taken by a local authority within the river basin district whether or not the offence is committed in the functional area of the authority.

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Performance of functions and duties under these Regulations17) Where the Minister, the Agency, the co-ordinating local authority for the

river basin district, and, where appropriate, the relevant public authority, as appropriate, is of the opinion that a person, public authority or body corporate has failed to comply with a function or duty under these Regulations, or has performed that function or duty in an unsatisfactory manner, the co-ordinating local authority, the Agency, the Minister or the relevant public authority, as appropriate, may request a report within a specified period from the person, public authority or body corporate in relation to the matter and the person, public authority or body corporate shall comply with the request.

18) The co-ordinating local authority, the Agency, the Minister or the relevant public authority, as appropriate, having considered any report of the person, public authority or body corporate may, with a view to ensuring the satisfactory performance of the function or duty in question –

(a) Issue such advice and recommendations to the person, public authority or body corporate as it considers necessary, or

(b) Provide, on such terms and conditions as may be agreed, such assistance or support as the co-ordinating local authority, the Agency, the Minister or the relevant public authority considers, in consultation with the person, public authority or body corporate concerned, would be helpful.

19) Where the co-ordinating local authority for the river basin district, the Agency, the Minister or the relevant public authority is of the opinion that the response of the person, public authority or body corporate to advice or recommendations issued or assistance or support offered under Article 18 is inadequate for the purpose of complying with a duty or function under these Regulations it may, without prejudice to any powers under any other statute, direct the person, public authority or body corporate to carry out, cause to carry out, or arrange for, such action related to the function or duty in question as the co-ordinating local authority, the Agency, the Minister or the relevant public authority considers necessary within such period as may be specified.

20) Where a person, public authority or body corporate fails without reasonable cause to comply with a direction under Article 19, the co-ordinating local authority, the Agency, the Minister or the relevant public authority may carry out, cause to be carried out, or arrange for, such action related to the function or duty in question as it considers necessary to ensure compliance with the direction and the costs of such action may be recovered by the co-ordinating local authority, the Agency, the Minister or the relevant public authority, as appropriate, from the person, public authority or body corporate as a simple contract debt in any court of competent jurisdiction.

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Application to the courts

21) Where, on application by a Minister of the Government, the co-ordinating local authority for the river basin district, the Agency or the relevant public authority to the District Court, the Circuit Court or the High Court, the Court is satisfied that a person, public authority or body corporate is not undertaking, or does not intend to undertake, its functions or duties under these Regulations in a manner consistent with the achievement of the environmental objectives established, or with a direction issued by the co-ordinating local authority, the Agency or the Minister under Article 19, the Court may by order –

(a) Direct that person, body corporate or public authority to take such steps as are necessary to address the inconsistencies or other matters identified, and

(b) Make such other provision, including provision in relation to the payment of costs, as the court considers appropriate.

22) An application for an order under Article 21 shall be by motion and the court, when considering the matter, may make such interim or interlocutory order as it considers appropriate.

Powers, duties and functions assigned to public authorities

23) The powers, duties and functions assigned to a public authority by these Regulations are additional to, and not in substitution for, the powers, duties and functions assigned by any other statute.

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PART IV

DUTY ON THE ENVIRONMENTAL PROTECTION AGENCY TO CLASSIFY GROUNDWATER BODIES AND TO MAKE

RECOMMENDATIONS AND GIVE DIRECTIONS REGARDING MEASURES TO BE TAKEN TO ACHIEVE OBJECTIVES

24) The Agency shall classify in accordance with the requirements of Part V each groundwater body identified for the purposes of Article 7 of the 2003 Regulations according to its chemical status and quantitative status.

25) The Agency shall –

(a) provide a map of the resulting assessment of groundwater quantitative status, colour-coded as indicated below:

(i) Good: green

(ii) Poor: red

(b) provide a map of groundwater chemical status, colour-coded as indicated below:

(i) Good: green

(ii) Poor: red

(c) indicate by a black dot on the map specified in sub-section (b) above, those groundwater bodies which are subject to a significant and sustained upward trend in the concentrations of any pollutant resulting from the impact of human activity. Reversal of a trend shall be indicated by a blue dot on the map.

(d) Provide, for inclusion in the river basin management plan, a map showing for each groundwater body or groups of groundwater bodies both the quantitative status and the chemical status of that body or group of bodies, colour-coded in accordance with the requirements of sub-sections (a) and (b) above. The Agency may choose not to provide separate maps under sub-sections (a) and (b) above but shall in that case also provide an indication in accordance with the requirements of sub-sections (c) on the map required under this sub-section, of those bodies which are subject to a significant and sustained upward trend in the concentration of any pollutant or any reversal in such a trend.

(e) prepare the information specified in paragraphs (a) to (d) in a form which is available for introduction into a geographical information

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system (GIS) and/or the geographical information system of the European commission (GISCO).

26) The Agency may, where it considers it necessary, issue advice and/or give directions to a public authority or authorities concerned on the measures to be taken for the purposes of achieving the objectives of these Regulations.

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PART V

THE ASSESSMENT OF GROUNDWATER QUANTITATIVE STATUS AND CHEMICAL STATUS

The assessment of groundwater quantitative status27) The quantitative status of a body or bodies of groundwater shall be

assigned by the Agency and shall be based on the risk assessment carried out in accordance with Article 7 of the 2003 Regulations and, where relevant, the results of the quantitative monitoring programmes established by the Agency for the purposes of Article 10 of the 2003 Regulations. The procedures described in Articles 28 to 30 shall be used by the Agency to assign quantitative status.

28) The Agency may classify a body or a group of bodies of groundwater as being of good quantitative status if it is satisfied, on the basis of the characterisation and impact assessment undertaken for the purpose of Article 7 of the 2003 Regulations, that the body or a group of bodies of groundwater are not at risk of failing to achieve good groundwater quantitative status.

29) Where a body or a group of bodies of groundwater is characterised as being at risk of failing to achieve good groundwater quantitative status in accordance with Article 7 of the 2003 Regulations the Agency may classify that body or group of bodies of groundwater as being at good quantitative status if it is satisfied that the appropriate test procedures described in Article 30 and Schedule 2, confirm that the conditions for good quantitative status are met, namely;

(a) the level of groundwater in the groundwater body is such that the available groundwater resource is not exceeded by the long-term annual average rate of abstraction;

(b) the level of groundwater is not be subject to anthropogenic alterations such as would result in:

(i) Failure of one or both threshold values for conductivity or chloride listed in Column 1 of Schedule 4 indicative of a risk of saline intrusion;

(ii) Failure of a river flow standard in an associated surface water body due to groundwater abstractions;

(iii) Significant damage to terrestrial ecosystems which depend directly on the groundwater body and which is included in the register of protected areas established under Article 8 of the 2003 Regulations, resulting from insufficient water availability where alterations to groundwater levels are the major cause.

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30) The Agency shall determine which test procedures in Schedule 2 are appropriate to apply to each body or group of bodies of groundwater characterised as being at risk of failing to achieve good groundwater quantitative status in accordance with Article 7 of the 2003 Regulations and shall assign quantitative status on the basis of these test procedures, as follows;

(a) Where the Agency is satisfied that none of the conditions for applying any of the test procedures in Schedule 2 are met on the basis of the results of the monitoring programmes established by Agency for the purposes of Article 10 of the 2003 Regulations, then it shall classify a body or a group of bodies of groundwater as being at good quantitative status;

(b) Where the Agency is satisfied that one or more of the conditions for applying any of the test procedures in Schedule 2 are met on the basis of the results of the monitoring programmes established by Agency for the purposes of Article 10 of the 2003 Regulations, then it shall carry out an appropriate investigation, in accordance with the relevant test procedures set out in Schedule 2, to determine whether or not the criteria for poor quantitative status are met. On the basis of the appropriate investigation the Agency shall classify a body or a group of bodies of groundwater as follows;

(i) Where none of the criteria for poor quantitative status are met for any of the test procedures in Schedule 2, then the Agency shall classify a body or a group of bodies of groundwater as being at good quantitative status.

(ii) Where one or more of the criteria for poor quantitative status are met for any of the test procedures in Schedule 2, then the Agency shall classify a body or a group of bodies of groundwater as being at poor quantitative status.

31) To enable the Agency to estimate the long-term annual average rate of abstraction for each groundwater body referred to in Article 29(a) and Table 4 of Schedule 2, the Agency may direct a person, public authority, body corporate or unincorporated body, as appropriate, to provide information in relation to any groundwater abstraction for which it is responsible. Such information may include the location and rate of abstraction and any other information, which the Agency considers necessary for the purposes of these Regulations. The relevant person, public authority, body corporate or unincorporated body shall take the steps necessary to obtain the information requested by the Agency.

It shall be an offence not to comply with the requirement to provide information requested by the Agency under this Article.

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32) To enable the Agency to determine whether the level of groundwater in the groundwater body is such that the available groundwater resource is not exceeded by the long-term annual average rate of abstraction, as required under Article 29(a) of these Regulations, the Agency shall monitor levels in the national groundwater level monitoring network established for the purposes of Article 10 of the 2003 Regulations and shall keep water balance estimations updated using recharge and abstraction rates for each groundwater body characterised as being at risk of failing to achieve good groundwater quantitative status in accordance with Article 7 of the 2003 Regulations.

The assessment of chemical status

33) The chemical status of a body or bodies of groundwater shall be assigned by the Agency and shall be based on the risk assessment carried out in accordance with Article 7 of the 2003 Regulations and, where relevant, the results of the chemical monitoring programmes established by the Agency for the purposes of Article 10 of the 2003 Regulations. The procedures described in Articles 34 to 37 shall be used by the Agency to assign chemical status.

34) The Agency may classify a body or a group of bodies of groundwater as being of good chemical status if it is satisfied, on the basis of the characterisation and impact assessment undertaken for the purpose of Article 7 of the 2003 Regulations, that the body or a group of bodies of groundwater are not at risk of failing to achieve good groundwater chemical status.

35) Where a body or a group of bodies of groundwater is characterised as being at risk of failing to achieve good groundwater chemical status in accordance with Article 7 of the 2003 Regulations the Agency shall classify that body or group of bodies of groundwater in accordance with the procedures described in Articles 36 and 37.

36) For the purposes of assessing the chemical status of a body or a group of bodies of groundwater according to the procedures described in Article 37, the Agency shall use the following criteria:

(a) groundwater quality standards for nitrate and active substances in pesticides, as listed in Schedule 3;

(b) threshold values for pollutants or indicators of pollutants, as listed in Schedule 4 and established in accordance with the rules set out in Schedule 5.

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37) The Agency shall assign chemical status to each body or group of bodies of groundwater characterised as being at risk of failing to achieve good groundwater chemical status in accordance with Article 7 of the 2003 Regulations based on the following procedures;

a) Where the values for the groundwater quality standards listed in Schedule 3 and the relevant threshold values listed in Schedule 4 are not exceeded at any monitoring point in a body or group of bodies of groundwater, then the Agency shall classify that body or group of bodies of groundwater as being at good chemical status if it is satisfied, on the basis of monitoring results obtained for the purpose of Article 10 of the 2003 Regulations, that the body or group of bodies of groundwater are not at risk of failing to achieve good groundwater chemical status; or

b) Where the value of a groundwater quality standard listed in Schedule 3 or a relevant threshold value listed in Schedule 4 is exceeded at one or more monitoring points in a body or group of bodies of groundwater on the basis of the results of the monitoring programmes established by Agency for the purposes of Article 10 of the 2003 Regulations, then the Agency shall carry out an appropriate investigation, in accordance with the relevant test procedures described in Schedule 6, to determine whether or not the criteria for poor chemical status are met. On the basis of the appropriate investigation the Agency shall classify a body or a group of bodies of groundwater as follows;

(i) Where none of the criteria for poor chemical status are met for any of the test procedures in Schedule 6, then the Agency shall classify a body or a group of bodies of groundwater as being at good chemical status.

(ii) Where one or more of the criteria for poor chemical status are met for any of the test procedures in Schedule 6, then the Agency shall classify a body or a group of bodies of groundwater as being at poor chemical status.

38) If a body of groundwater is classified as being of good chemical status in accordance with Article 37(b)(i), the Agency may make recommendations or give directions to the relevant public authorities, in the context of their respective functions, regarding the measures it considers necessary, in accordance with Article 12(1)(b) of the 2003 Regulations, to protect aquatic ecosystems, terrestrial ecosystems and human uses of groundwater dependent on the part of the body of groundwater represented by the monitoring point or points at which the value for a groundwater quality standard or the threshold value has been exceeded.

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Interim classification of groundwater bodies for the first river basin planning cycle

39) For the purpose of the first river basin management plan, and pending full classification of groundwater bodies in accordance with the requirements of Articles 27 to 30 and Articles 33 to 37, the Agency shall assign an interim classification of groundwater quantitative status and groundwater chemical status to each body of groundwater where the Agency is satisfied that it can reliably do so on the basis of available information and/or expert knowledge. The Agency shall –

(a) as a minimum assign a status of ‘good’ or ‘poor’ to those bodies of groundwater where available data and knowledge allows, and

(b) assign ‘undetermined status’ to those remaining bodies of groundwater where the Agency is not, by that date, in a position to assign a reliable interim classification due to a lack of data or other reason, and

(c) periodically review the interim classifications and add to the list of bodies of water so classified as data availability and knowledge improves.

40) In assigning interim status, the Agency shall have regard to all relevant data relating to the body of groundwater in question, including the results of monitoring, the results of analyses undertaken for the purpose of Article 7 of the 2003 Regulations as well as monitoring and assessments undertaken in relation to associated surface waters and protected areas.

41) The interim classification of groundwater quantitative status and groundwater chemical status assigned by the Agency in accordance with Article 39, shall be a classification of status as if assigned by the Agency in accordance with the procedures set out in Articles 27 to 30 and Articles 33 to 37 and shall be deemed so for the purpose of these Regulations.

Duty on the Environmental Protection Agency to keep threshold values for the assessment of groundwater chemical status updated

42) The Agency may make recommendations to the Minister to amend the list of threshold values referred to in Schedule 4, where it considers it necessary due to new information on pollutants, groups of pollutants, or indicators of pollution that indicates that a threshold value should be set for an additional substance, that an existing threshold value should be amended, or that a threshold value previously removed from the list should be re-inserted, in order to protect human health and the environment.

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Threshold values can be removed from the list when the body of groundwater concerned is no longer at risk from the corresponding pollutants, groups of pollutants, or indicators of pollution.

Any such changes to the list of threshold values shall be reported in the context of the periodic review of the river basin management plans.

43) The Minister shall, if appropriate, on receipt of a recommendation or recommendations from the Agency arising from a requirement under Article 42, undertake consultation on the recommendation or recommendations made by the Agency and shall, as soon as may be practicable, amend these Regulations having regard to the advice given to the Minister by the Agency and any representation made by a Minister of Government or any other person or body.

44) When recommending additional threshold values the Agency shall ensure that the proposed threshold values are in accordance with the procedure set out in Part A of Schedule 5 for the pollutants, groups of pollutants and indicators of pollution which, within the territory of Ireland, have been identified as contributing to the characterisation of bodies or groups of bodies of groundwater as being at risk, taking into account at least the list contained in Part B of Schedule 5.

The proposed threshold values applicable to good chemical status shall be based on the protection of the body of groundwater in accordance with the guidelines for establishing threshold values set out in Part A, points 1, 2 and 3 of Schedule 5, having particular regard to its impact on, and interrelationship with, associated surface waters and directly dependent terrestrial ecosystems and wetlands and shall inter alia take into account human toxicology and ecotoxicology knowledge.

45) The Agency may propose additional threshold values at the national level, at the level of the river basin district or the part of the international river basin district falling within the territory of Ireland, or at the level of a body or a group of bodies of groundwater.

46) The Agency shall ensure that, for bodies of groundwater shared with Northern Ireland and for bodies of groundwater within which groundwater flows across the border between Ireland and Northern Ireland, the proposal of additional threshold values is subject to coordination with the relevant authorities in Northern Ireland, in accordance with Article 3(1)(c) of the 2003 Regulations.

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PART VI

THE IDENTIFICATION OF SIGNIFICANT AND SUSTAINED UPWARD TRENDS IN POLLUTION AND THE DEFINITION OF

STARTING POINTS FOR TREND REVERSAL

Identification of significant and sustained upward trends and the definition of starting points for trend reversals

47) The Agency shall identify any significant and sustained upward trend in concentrations of pollutants, groups of pollutants or indicators of pollution found in bodies or groups of bodies of groundwater identified as being at risk of failing to achieve good groundwater chemical status in accordance with Article 7 of the 2003 Regulations on the basis of the results obtained from the chemical monitoring programmes established by the Agency for the purposes of Article 10 of the 2003 Regulations. The Agency shall define the starting point for reversing that trend, in accordance with the procedures set out in Schedule 7.

48) The Agency may, where appropriate, issue advice to a public authority or authorities concerned on the measures to be taken to reverse upward pollution trends in accordance with Part B of Schedule 7, which present a significant risk of harm to the quality of aquatic ecosystems or terrestrial ecosystems, to human health, or to actual or potential legitimate uses of the water environment, in order progressively to reduce pollution and prevent deterioration of groundwater.

49) The Agency shall define the starting point for trend reversal as a percentage of the level of the groundwater quality standards set out in Schedule 3 and of the threshold values set out in Schedule 4, on the basis of the identified trend and the environmental risk associated therewith, in accordance with the criteria set out in Part B, point 1 of Schedule 7.

50) Where necessary to assess the impact of existing plumes of pollution in bodies of groundwater that may threaten the achievement of the objectives in Article 4 of Directive 2000/60/EC, and in particular, those plumes resulting from point sources and contaminated land, the Agency shall carry out, or shall cause to have carried out, additional trend assessments for identified pollutants in order to verify that plumes from contaminated sites do not expand, do not deteriorate the chemical status of the body or group of bodies of groundwater, and do not present a risk for human health and the environment.

51) For the purpose of undertaking a trend assessment of existing plumes of pollution referred to in Article 50 the Agency may direct a person, public authority, body corporate or unincorporated body, as appropriate, to provide the appropriate additional chemical monitoring within a

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groundwater body. The direction may specify the location of sampling points, the frequency of sampling, the parameters to be monitored and any other conditions that the Agency considers necessary for the purposes of Article 50. The relevant person, public authority, body corporate or unincorporated body shall take the steps necessary to provide the additional monitoring requested by the Agency. The results from the additional monitoring shall be provided to the Agency in a timely manner.

It shall be an offence not to comply with the requirement to put in place the additional monitoring and to provide the monitoring results requested by the Agency under this Article.

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PART VII

PREVENTION AND CONTROL OF POLLUTION OF GROUNDWATER

Direct discharges of pollutants into groundwater

52) Direct discharges of pollutants into groundwater are prohibited subject to the following provisions:

Reinjection of water used for geothermal purposes into the same aquifer may be permitted subject to a requirement for prior authorisation.

The following may also be permitted subject to a requirement for prior authorisation with specified conditions, provided such discharges do not compromise the achievement of the environmental objectives established for that body of groundwater;

(a) injection of water containing substances resulting from the operations for exploration and extraction of hydrocarbons or mining activities, and injection of water for technical reasons, into geological formations from which hydrocarbons or other substances have been extracted or into geological formations which for natural reasons are permanently unsuitable for other purposes. Such injections shall not contain substances other than those resulting from the above operations,

(b) reinjection of pumped groundwater from mines and quarries or associated with the construction or maintenance of civil engineering works,

(c) injection of natural gas or liquefied petroleum gas (LPG) for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes,

(d) injection of natural gas or liquefied petroleum gas (LPG) for storage purposes into other geological formations where there is an overriding need for security of gas supply, and where the injection is such as to prevent any present or future danger of deterioration in the quality of any receiving groundwater,

(e) construction, civil engineering and building works and similar activities on, or in the ground which come into contact with groundwater. Such activities may be treated as having been authorised provided that they are conducted in accordance with general binding rules which are pursuant of Article 57 and are applicable to such activities,

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(f) discharges of small quantities of substances for scientific purposes for characterisation, protection or remediation of water bodies limited to the amount strictly necessary for the purposes concerned.

Measures to prevent or limit inputs of pollutants into groundwater53) The Agency shall make recommendations to the Minister identifying the

circumstances under which the pollutants listed in Schedule 8, in particular essential metals and their compounds referred to in point 7 of Schedule 8, are to be considered hazardous or non-hazardous, following consultation with the relevant public authorities.

The Agency, when identifying hazardous substances, shall take particular account of hazardous substances belonging to the families or groups of pollutants referred to in points 1 to 6 of Schedule 8, as well as of substances belonging to the families or groups of pollutants referred to in points 7 to 9 of Schedule 8, where these are considered to be hazardous;

The Agency, when identifying non-hazardous substances, shall take particular account of pollutants listed in Schedule 8, and any other nonhazardous pollutants not listed in Schedule 8 considered by the Agency to present an existing or potential risk of pollution.

The Agency may review the list of hazardous or non-hazardous substances from time to time, as it considers necessary.

54) Pursuant of Article 53, the Agency shall prepare and publish a technical report identifying those pollutants considered to be hazardous or non-hazardous. The report shall be submitted to the Minister.

55) The Minister shall, if appropriate, on receipt of a recommendation or recommendations from the Agency arising from a requirement under Article 53, undertake consultation on the recommendation or recommendations made by the Agency and shall, as soon as may be practicable, amend these Regulations to include the lists of hazardous and non-hazardous pollutants, having regard to the advice given to the Minister by the Agency and any representation made by a Minister of Government or any other person or body.

56) Where measures are established in accordance with Article 12(1)(b) of the 2003 Regulations, in order to achieve the objective of preventing the input of hazardous pollutants and limiting the input of non-hazardous pollutants into groundwater established in accordance with Article 4(a) of these Regulations, such measures shall ensure that they include:

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(a) Rules or conditions necessary to prevent inputs into groundwater of any hazardous substances identified in accordance with Article 55, without prejudice to Articles 58 and 59, and,

(b) Rules or conditions necessary to limit inputs into groundwater of any non-hazardous substances identified in accordance with Article 55, so as to ensure that such inputs do not cause deterioration or significant and sustained upward trends in the concentrations of pollutants in groundwater. Such measures shall take account, at least, of established best practice, including the Best Environmental Practice and Best Available Techniques specified in the relevant Community legislation.

57) For the purpose of achieving the objectives of preventing the input of hazardous pollutants and limiting the input of non-hazardous pollutants into groundwater, established in accordance with Article 4(a) the Agency may;

(a) Where it considers it necessary, review and, if appropriate, revise, or cause to have revised, existing codes of practice or general binding rules for activities discharging hazardous or non-hazardous substances either directly or indirectly into groundwater, so as to comply with these Regulations;

(b) Identify other activities discharging hazardous or non-hazardous substances either directly or indirectly into groundwater posing a risk to good groundwater chemical status, for which either General Binding Rules or Codes of Good Practice, are considered necessary in order to comply with these Regulations;

(c) Where activities are identified according to (b) above, make recommendations to the Minister or any other body or person regarding General Binding Rules or Codes of Good Practice to be adopted;

58) Where considered appropriate and technically possible by the Agency, General Binding Rules or Codes of Good Practice arising out of Article 57, shall take into account inputs of pollutants from diffuse sources of pollution having an impact on the groundwater chemical status.

59) Without prejudice to any more stringent requirements in other Community legislation, the Agency may make recommendations regarding the detailed technical rules under which the following categories of pollutant inputs may be exempted from the prevent and limit measures required by Article 56:

(a) the result of direct discharges authorised in accordance with Article 52;

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(b) inputs considered to be of a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater;

(c) inputs the consequences of accidents or exceptional circumstances of natural cause that could not reasonably have been foreseen, avoided or mitigated;

(d) inputs the result of artificial recharge or augmentation of bodies of groundwater authorised in accordance with Article 11(3)(f) of Directive 2000/60/EC;

(e) inputs considered incapable, for technical reasons, of being prevented or limited without using:

(i) measures that would increase risks to human health or to the quality of the environment as a whole; or

(ii) disproportionately costly measures to remove quantities of pollutants from, or otherwise control their percolation in, contaminated ground or subsoil; or

(f) the result of interventions in surface waters for the purposes, amongst others, of mitigating the effects of floods and droughts, and for the management of waters and waterways, including at international level. Such activities, including cutting, dredging, relocation and deposition of sediments in surface water, shall be conducted in accordance with general binding rules, and, where applicable, with permits and authorisations issued on the basis of such rules, developed by the relevant authority for that purpose, provided that such inputs do not compromise the achievement of the environmental objectives established for the water bodies concerned in accordance with Articles 4.

The exemptions provided for in points (a) to (f) may be used only where the Agency is satisfied that efficient monitoring of the bodies of groundwater concerned, in accordance with point 2.4.2 of Annex V to Directive 2000/60/EC, or other appropriate monitoring, is being carried out.

60) The Agency shall keep an inventory of the exemptions referred to in Article 59 for the purpose of notification, upon request, to the Minister and the Commission. For this purpose the Agency may direct a public authority to provide information in relation to the location and nature of inputs of pollutants, and any other information, which it considers necessary. The relevant public authority, shall take the steps necessary to provide the information requested by the Agency. The information shall be provided to the Agency in a timely manner.

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It shall be an offence not to comply with the requirement to provide the information requested by the Agency under this Article.

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PART VIII

REPORT TO BE PREPARED BY THE ENVIRONMENTAL PROTECTION AGENCY AND INFORMATION TO BE PROVIDED

IN RIVER BASIN MANAGEMENT PLANS

Report to be prepared by the Environmental Protection Agency61) The Agency shall prepare and publish a detailed technical report

containing the following;

(a) the methods and procedures used to assign groundwater quantitative status referred to in Articles 27 to 30.

(b) the methods and procedures used to assign groundwater chemical status referred to in Articles 33 to 37.

(c) all threshold values established for all bodies or groups of bodies of groundwater together with a summary of the information regarding the relevant pollutants and their indicators as set out in Part C of Schedule 5 of these Regulations.

(d) The methods and procedures used to identify those bodies which are subject to a significant and sustained upward trend in concentration of any pollutant or which are showing a reversal of that trend in accordance with Article 25(d) and how trend assessment from individual monitoring points within a body or a group of bodies of groundwater has contributed to this identification.

(e) The reasons for the starting points for pollution trend reversal which have been defined pursuant of Article 49.

(f) Where undertaken by the Agency and other parties in accordance with Article 51, the results of the additional monitoring and trend assessments for identified pollutants used to verify that plumes from contaminated sites do not expand, do not deteriorate the chemical status of the body or group of bodies of groundwater, and do not present a risk for human health and the environment.

The technical report shall be published by the Agency as a background document supporting the river basin management plans to be submitted in accordance with Article 13 of the 2003 Regulations and shall be submitted to the Minister and the coordinating local authority of each River Basin District.

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Information to be provided in river basin management plans62) The coordinating authorities shall include the following in the river basin

management plans to be submitted in accordance with Article 13 of the 2003 Regulations.

(a) A summary of the assessment of groundwater quantitative status referred to in Articles 27 to 30.

(b) A summary of the assessment of groundwater chemical status referred to in Articles 33 to 37. This summary, established at the level of the river basin district or the part of the international river basin district falling within the territory of Ireland, shall also include an explanation as to the manner in which exceedances of groundwater quality standards or threshold values at individual monitoring points have been taken into account in the final assessment.

(c) A summary of;(i) the way in which the trend assessment from individual

monitoring points within a body or a group of bodies of groundwater has contributed to identifying, in accordance with Article 25(d) that those bodies are subject to a significant and sustained upward trend in concentration of any pollutant or a reversal of that trend; and

(ii) the reasons for the starting points defined pursuant to Article 49.

(d) Where undertaken by the Agency and other parties in accordance with Article 51, the results of the additional trend assessments for identified pollutants used to verify that plumes from contaminated sites do not expand, do not deteriorate the chemical status of the body or group of bodies of groundwater, and do not present a risk for human health and the environment.

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PART IX

MISCELLANEOUS PROVISIONS

Transitional provisions

63) In the period between the coming into operation of these Regulations and 22 December 2013, any new authorisation procedure pursuant to Articles 4 and 5 of Directive 80/68/EEC, in particular; authorisations granted under the Act of 1992, the Act of 1996, the Local Government (Water Pollution) Acts 1977 to 1990 made for such purpose under the European Communities Act of 1972 and the 2007 Regulations shall take into account the criteria for assessing groundwater chemical status set out in Article 36 of these Regulations, the procedure for assessing groundwater chemical status set out in Articles 33 to 37 of these Regulations and the procedures for identifying significant and sustained upward trends in pollution and defining the starting points for trend reversals set out in Part VI of these Regulations.

Revocation

64) With effect from 22 December 2013, the Local Government (Water Pollution) (Amendment) Regulations 1999 (S.I. No. 42 of 1999) are revoked.

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APPENDIX 1

SCHEDULE 1

Relevant public authorities

The public authorities to which these Regulations apply are –

The Environmental Protection AgencyThe relevant local authoritiesThe regional authorities in the areaThe regional fisheries boards in the areaThe Geological Survey of IrelandTeagascThe National Roads AuthorityThe Radiological Protection Institute of Ireland The Marine InstituteThe Central Fisheries BoardThe Electricity Supply BoardHarbour AuthoritiesWaterways IrelandAn Bord PleanalaBord Iascaigh MharaThe Health and Safety AuthorityThe Commissioners of Public WorksThe Minister for Enterprise, Trade and EmploymentThe Minister for Agriculture, Fisheries and FoodThe Minister for the Environment, Heritage and Local GovernmentThe Minister for Transport

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SCHEDULE 2

Test procedures to confirm whether or not the conditions for Good Groundwater Quantitative Status are met

The following four tests shall be applied, where applicable, to assess groundwater body quantitative status; these are summarised below.

Table 1: Assessment for the presence of saline or other intrusionsThis is a common assessment for groundwater chemical status and groundwater quantitative status.Conditions for applying test Criteria for poor groundwater quantitative

statusFailure of a threshold value indicative of a risk of saline intrusion; or

Indications of a significantrisk of other intrusions

(a) Significant and sustained upward trends in electrical conductivity indicating saline intrusion;

(b) Significant or sustained upward trend in the concentration of indicators of the risk of otherintrusions; or

(c) Evidence that abstractions have been rendered unsuitable for use without additional treatment as a result of an intrusion.

Table 2: Assessment of adverse impacts of groundwater abstraction on associated surface water bodies

Conditions for applying test Criteria for poor groundwater quantitative status

A river flow standard that is required to achieve 'good status' is failed in anassociated surface water body and there is reason to suspect that groundwater abstractions may be contributing to the failure

(a) An applic (a) An applicable river flow standard for 'good status' is failed in an associated river water body; and

(b) The total volume of groundwater abstractions in the surface water catchment associated with the failing river are greater than 50 % of the required surface water flow standard.

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Table 3: Assessment of adverse impacts of groundwater abstraction ongroundwater dependent terrestrial ecosystems (wetlands) included in the register of protected areas established under Article 8 of the 2003 RegulationsConditions for applying test Criteria for poor groundwater quantitative

statusIndications of significant damage to a wetland, included in the register of protected areas established under Article 8 of the 2003 Regulations, resulting from insufficient water availability where alterations to groundwater levels are suspected to be the major cause of the insufficient water availability

There is evidence of significant damage to a wetland, included in the register of protected areas established under Article 8 of the 2003 Regulations, caused by insufficient water availability and the major reason for the insufficient water availability is judged to be alterations to groundwater levels resulting from human activities.

Table 4: Assessment of water balance in a groundwater bodyConditions for applying test Criteria for poor groundwater quantitative

statusApply to all bodies where there are groundwater abstractions

(a) The annual average volume of water abstracted from the groundwater represents more than 80 % of the long-term annual volume of recharge (i.e. water that replenishes the groundwater); or

(b) The annual average volume of water abstracted from the groundwater represents more than 20 % of the long-term annual volume of recharge in bedrock groundwater bodies (30% in gravel bodies) and there is evidence of a long-term drop in groundwater levels in the body of groundwater; or

(c) A Groundwater dependent terrestrial ecosystem (GWDTE), included in the register of protected areas established under Article 8 of the 2003 Regulations, is damaged and the annual average volume of water abstracted from the groundwater represents more than 5% of the long-term annual volume of recharge in the groundwater body containing the GWDTE and there is evidence of a long-term drop in groundwater levels in the groundwater body.

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SCHEDULE 3

Groundwater Quality Standards

1. For the purposes of assessing groundwater chemical status in accordance with Articles 33 to 37, the following groundwater quality standards will be the quality standards referred to in Articles 36(a) and established in accordance with Article 17 of Directive 2000/60/EC.

Pollutant Quality standardsNitrates 50 mg/lActive substances in pesticides, including their relevant metabolites, degradation and reaction products (1)

0.1 g/l0.5 g/l (total) (2)

(1) ‘Pesticides’ means plant protection products and biocidal products as defined in Article 2 of Directive 91/414/EEC and in Article 2 of Directive 98/8/EC, respectively.(2) ‘Total’ means the sum of all individual pesticides detected and quantified in the monitoring procedure, including their relevant metabolites, degradation and reaction products.

2. The results of the application of the quality standards for pesticides in the manner specified for the purposes of this Directive will be without prejudice to the results of the risk assessment procedures required by Directive 91/414/EEC or Directive 98/8/EC.

3. Where, for a given body of groundwater, it is considered that the groundwater quality standards could result in failure to achieve the environmental objectives specified in the Article 4 of Directive 2000/60/EC, for associated bodies of surface water, or in any significant diminution of the ecological or chemical quality of such bodies, or in any significant damage to terrestrial ecosystems which depend directly on the body of groundwater, more stringent threshold values will be established in accordance with Articles 42 to 46 of these Regulations. Programmes and measures required in relation to such a threshold value will also apply to activities falling within the scope of the 2006 Regulations.

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SCHEDULE 4Groundwater Threshold Values

Parameter Units

Threshold Values for Chemical Status Tests (1)

Overall Threshold

Value Range

Column 1

Test: Assessment

for the presence of

saline or other

intrusions.

Column 2

Test: Assessment of

adverse impacts of chemical inputs from

groundwater on associated

surface water bodies 1,2

Column 3

Test: Assessment of whether groundwater intended for human

consumption in driniking water

protected areas is impacted by pollutants

and/or is showing a significant and sustained rise in pollutant levels.

Column 4

Test: Assessment of the general quality of groundwater in a

groundwater body in terms of whether its

ability to support human uses has been

significantly impaired by pollution.

Inorganic & MetalsElectrical Conductivity S/cm 800 - 1875 - 800 - 1875Molybdate Reactive Phosphorus g/l P - 35 - - 35

Ammonium g/l N - 65 175 175 65 – 175Nitrite g/l NO2 - - 375 - 375Nitrate mg/l NO3 - - 37.5 37.5 37.5Chloride mg/l Cl 24 - 187.5 - 24 – 187.5Sulphate mg/l SO4 - - 187.5 187.5 187.5Sodium mg/l Na - - 150 - 150Boron g/l B - - 750 750 750Chromium g/l Cr - - - 37.5 37.5Arsenic g/l As - - - 7.5 7.5Lead g/l Pb - - - 18.75 18.75Nickel g/l Ni - - - 15 15Mercury g/l Hg - - - 0.75 0.75Cadmium g/l Cd - - - 3.75 3.75Copper g/l Cu - - - 1500 1500Aluminium g/l Al - - - 150 150Cyanide g/l Cn - - - 37.5 37.5PesticidesAtrazine g/l - - 0.075 0.075 0.075Simazine g/l - - 0.075 0.075 0.075MCPA g/l - - 0.075 0.075 0.075Lindane g/l - - 0.075 0.075 0.075Diuron g/l - - 0.075 0.075 0.0754,4 - DDT g/l - - 0.075 0.075 0.075Dieldrin g/l - - 0.075 0.075 0.075Cypermethrin g/l - - 0.075 0.075 0.075Bentazone g/l - - 0.075 0.075 0.075Glyphosate g/l - - 0.075 0.075 0.075Chlortoluron g/l - - 0.075 0.075 0.075Mecoprop g/l - - 0.075 0.075 0.075Isoproturon g/l - - 0.075 0.075 0.0752,4 Dichlorophenoxyacetic acid g/l - - 0.075 0.075 0.075

Total Pesticides g/l - - 0.375 0.375 0.375Organics1,2-Dichloroethane g/l - - - 2.25 2.25Vinyl Chloride g/l - - - 0.375 0.375Total Tetrachloroethene & Trichloroethene g/l - - - 7.5 7.5

Benzene g/l - - - 0.75 0.75Benzo(alpha)pyrene ng/l - - - 7.5 7.5Total Polycyclic Aromatic Hydrocarbons

g/l - - - 0.075 0.075

Total Trihalomethanes g/l - - - 75 75

Notes

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1 No specific threshold values have been developed for the assessment of Groundwater Dependent Terrestrial Ecosystems.2 The surface water Environmental Quality Standards for metals in surface water allow natural

background concentrations to be considered when establishing a standard. Therefore, it has not been possible to derive a threshold value.

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SCHEDULE 5

Rules for establishing threshold values for groundwater pollutants and indicators of pollution

Part AGuidelines for the establishment of threshold values by Member States in accordance with Articles 42 to 46 of these Regulations

Where the Agency identifies additional pollutants and indicators of pollution which, pursuant to the characterisation performed in accordance with Article 5 of Directive 2000/60/EC, characterise bodies or groups of bodies of groundwater as being at risk of failing to achieve good groundwater chemical status, the Agency will establish additional threshold values for those additional pollutants and indicators of pollution.

Threshold values will be established in such a way that, should the monitoring results at a representative monitoring point exceed the thresholds, this will indicate a risk that one or more of the conditions for good groundwater chemical status referred to in Article 4(2)(c)(ii), (iii) and (iv) of Directive 2006/118/EC are not being met.

When establishing threshold values, the Agency will consider the following guidelines:

1) the determination of threshold values should be based on:

(a) the extent of interactions between groundwater and associated aquatic and dependent terrestrial ecosystems;

(b) the interference with actual or potential legitimate uses or functions of groundwater;

(c) all pollutants which characterise bodies of groundwater as being at risk, taking into account the minimum list set out in part B;

(d) hydro-geological characteristics including information on background levels and water balance;

2) the determination of threshold values should also take account of the origins of

the pollutants, their possible natural occurrence, their toxicology and dispersion tendency, their persistence and their bioaccumulation potential;

3) wherever elevated background levels of substances or ions or their indicators occur due to natural hydro-geological reasons, these background levels in the relevant body of groundwater shall be taken into account when establishing threshold values;

4) the determination of threshold values should be supported by a control mechanism for the data collected, based on an evaluation of data quality,

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analytical considerations, and background levels for substances which may occur both naturally and as a result of human activities.

Part BMinimum list of pollutants and their indicators for which the Agency must consider when establishing threshold values in accordance with Articles 42 to 46 of these Regulations

1) Substances or ions or indicators which may occur both naturally and/or as a result of human activities:

Arsenic

Cadmium

Lead

Mercury

Ammonium

Chloride

Sulphate

2) Man-made synthetic substances:

Trichloroethylene

Tetrachloroethylene

3) Parameters indicative of saline or other intrusions (1):

Conductivity

1 With regard to saline concentrations resulting from human activities, the Agency may decide to establish threshold values either for sulphate and chloride or for conductivity.

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Part CInformation to be provided by the Agency with regard to the pollutants and their indicators for which threshold values have been established

The Agency shall provide to the Minister and the coordinating local authority of each river basin district a summary of the way the procedure set out in Part A of this Schedule has been followed for inclusion in the river basin management plans to be submitted in accordance with Article 13 of the 2003 Regulations.

In particular, the Agency will provide, where feasible:

(a) information on the number of bodies or groups of bodies of groundwater characterised as being at risk and on the pollutants and indicators of pollution which contribute to this classification, including the observed concentrations/ values;

(b) information on each of the bodies of groundwater characterised as being at risk, in particular the size of the bodies, the relationship between the bodies of groundwater and the associated surface waters and directly dependent terrestrial ecosystems, and, in the case of naturally-occurring substances, the natural background levels in the bodies of groundwater;

(c) the threshold values, whether they apply at the national level, at the level of the river basin district or the part of the international river basin district falling within the territory of Ireland, or at the level of a body or a group of bodies of groundwater;

(d) the relationship between the threshold values and:

(i) in the case of naturally-occurring substances, the observed background levels,

(ii) the environmental quality objectives and other standards for water protection that exist at national, Community or international level, and

(iii) any relevant information concerning the toxicology, eco-toxicology, persistence, bioaccumulation potential, and dispersion tendency of the pollutants.

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SCHEDULE 6

Test procedures to confirm whether or not the conditions for Good Groundwater Chemical Status are met

The following five tests shall be applied, where applicable, to assess groundwater body chemical status; these are summarised below.

Table 1: Assessment for the presence of saline or other intrusionsThis is a common assessment for groundwater chemical status and groundwater quantitative status.Conditions for applying test Criteria for poor groundwater chemical statusFailure of a threshold value indicative of a risk of saline intrusion; or

Indications of a significantrisk of other intrusions

(a) Significant and sustained upward trends in electrical conductivity indicating saline intrusion;

(b) Significant or sustained upward trend in the concentration of indicators of the risk of other intrusions; or

(c) Evidence that abstractions have been rendered unsuitable for use without additional treatment as a result of an intrusion.

Table 2: Assessment of adverse impacts of the chemical inputs from groundwater on associated surface water bodiesConditions for applying test Criteria for poor groundwater chemical statusFailure of a groundwater threshold value that is indicative of a potential adverse impact on associated surface waters; or An associated surface body is at less than good status and there is reason to suspect that inputs of pollutants via groundwater are contributing to the failure

(a) An applicable chemical or physicochemical standard for 'good status' is failed in an associated surface water body; and

(b) The inputs via groundwater contribute greater than 50 % of the surface water standard in the surface water body

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Table 3: Assessment of adverse impacts of groundwater on groundwater dependent terrestrial ecosystems (wetlands) included in the register of protected areas established under Article 8 of the 2003 RegulationsConditions for applying test Criteria for poor groundwater chemical statusIndications of significant damage to a wetland included in the register of protected areas established under Article 8 of the 2003 Regulations resulting from pollution where the source of pollution is suspected to be from groundwater.

There is evidence of significant damage to a wetland included in the register of protected areas established under Article 8 of the 2003 Regulations caused by pollution and the pollutants responsible for that damage are judged to have reached the wetland via groundwater.

Table 4: Assessment of whether the quality of untreated groundwater satisfies the drinking water protected areas requirements

Conditions for applying test Criteria for poor groundwater chemical statusFailure of a threshold value indicative of potential risks to abstractions for human consumption;

Indications of a risk of failure of the drinking water protected area objective for the water body

(a) An applicable chemical or physicochemical threshold value has been exceeded for a drinking water protected area (or the threshold value is projected to be exceeded in the next RBMP cycle); and

(b) There are statistically significant or sustained upward trend in the concentration of this parameter.

Table 5: Assessment of the general quality of groundwater in the body in terms of whether its ability to support human uses has been significantly impaired by pollution

Conditions for applying test Criteria for poor groundwater chemical statusFailure of a threshold value indicative of a potential risk to the general quality of the water body.

(a) A chemical or physicochemical threshold value, that is applicable to human uses, has been exceeded at any representative monitoring point in a groundwater body or group of groundwater bodies; and

(b) The average of the monitoring results representative of the groundwater in the body exceeds the threshold value.

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SCHEDULE 7

Identification and reversal of significant and sustained upward trends

Part AIdentification of significant and sustained upward trends

The Agency will identify significant and sustained upward trends in all bodies or groups of bodies of groundwater that are characterised as being at risk in accordance with Article 7 of the 2003 Regulations, taking into account the following requirements:

1) in accordance with Article 10 of the 2003 Regulations, the monitoring programme will be so designed as to detect significant and sustained upward trends in concentrations of the pollutants identified pursuant to Article 36 of these Regulations;

2) the procedure for the identification of significant and sustained upward trends will be based on the following elements:

(a) monitoring frequencies and monitoring locations will be selected such as are sufficient to:

(i) provide the information necessary to ensure that such upward trends can be distinguished from natural variation with an adequate level of confidence and precision;

(ii) enable such upward trends to be identified in sufficient time to allow measures to be implemented in order to prevent, or at least mitigate as far as practicable, environmentally significant detrimental changes in groundwater quality. This identification will be carried out for the first time in 2009, if possible, and will take into account existing data, in the context of the report on trend identification within the first river basin management plan referred to in Article 13 of the 2003 Regulations, and at least every six years thereafter;

(iii) take into account the physical and chemical temporal characteristics of the body of groundwater, including groundwater flow conditions and recharge rates and percolation time through soil or subsoil;

(b) the methods of monitoring and analysis used will conform to international quality control principles, including, if relevant, CEN or national standardised methods, to ensure equivalent scientific quality and comparability of the data provided;

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(c) the assessment will be based on a statistical method, such as regression analysis, for trend analysis in time series of individual monitoring points;

(d) in order to avoid bias in trend identification, all measurements below the quantification limit will be set to half of the value of the highest quantification limit occurring in time series, except for total pesticides;

3) the identification of significant and sustained upward trends in the concentrations of substances which occur both naturally and as a result of human activities will consider the baseline levels and, where such data are available, the data collected before the start of the monitoring programme in order to report on trend identification within the first river basin management plan referred to in Article 13 of the 2003 Regulations.

Part BStarting points for trend reversals

The relevant public authorities, in the context of their functions, will reverse identified significant and sustained upward trends, in accordance with Articles 47 to 50 of these Regulations, taking into account the following requirements:

1) the starting point for implementing measures to reverse significant and sustained upward trends will be when the concentration of the pollutant reaches 75 % of the parametric values of the groundwater quality standards set out in Schedule 3 of these Regulations and of the threshold values set out in Schedule 4 of these Regulations, unless:

(a) an earlier starting point is required to enable trend reversal measures to prevent most cost-effectively, or at least mitigate as far as possible, any environmentally significant detrimental changes in groundwater quality;

(b) a different starting point is justified where the detection limit does not allow for establishing the presence of a trend at 75 % of the parametric values; or

(c) the rate of increase and the reversibility of the trend are such that a later starting point for trend reversal measures would still enable such measures to prevent most cost-effectively, or at least mitigate as far as possible, any environmentally significant detrimental changes in groundwater quality. Such later starting point may not lead to any delay in achieving the deadline for the environmental objectives.

For activities falling within the scope of the 2006 Regulations, the starting point for implementing measures to reverse significant and sustained upward trends will be established in accordance with those Regulations and with the 2003 Regulations and, in particular, adhering to environmental objectives for

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water protection as set out in Article 12 of the 2003 Regulations, and as amended by the 2008 Regulations;

2) once a starting point has been established for a body of groundwater characterised as being at risk in accordance with Article 7 of the 2003 Regulations and pursuant to point 1 above, it will not be changed during the six-year cycle of the river basin management plan required in accordance with Article 13 of the 2003 Regulations;

3) trend reversals will be demonstrated, taking into account relevant monitoring provisions contained in Part A, point 2.

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SCHEDULE 8

Indicative list of the main pollutants

1. Organohalogen compounds and substances, which may form such compounds in the aquatic environment.

2. Organophosphorous compounds.

3. Organotin compounds.

4. Substances and preparations, or the breakdown products of such, which have been proved to possess carcinogenic or mutagenic properties or properties, which may affect steroidogenic, thyroid, reproduction or other endocrine-related functions in or via the aquatic environment.

5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

6. Cyanides.

7. Metals and their compounds.

8. Arsenic and its compounds.

9. Biocides and plant protection products.

10. Materials in suspension.

11. Substances, which contribute to eutrophication (in particular, nitrates and phosphates).

12. Substances, which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.).

ENDS.

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