Irish Statutory Instruments

S.I. No. 48 of 2010

URBAN WASTE WATER TREATMENT (AMENDMENT) REGULATIONS 2010

Notice of the making of this Statutory Instrument was published in

-�Iris Oifigiúil-� of 19th February, 2010.

I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by sections 6 and 59 of the Environmental Agency Protection Act, 1992 (No. 7 of 1992), 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 ¹ and to Council Directive 91/271/EEC of 21 May 1991 ² as amended by Commission Directive 98/15/EC of 27 February 1998 ³ , hereby make the following Regulations:

Citation

1. These Regulations may be cited as the Urban Waste Water Treatment (Amendment) Regulations, 2010.

Definitions

2. In these Regulations-

-�the 2001 Regulations-� means the Urban Waste Water Treatment Regulations, 2001 ( S.I. No. 254 of 2001 ) as amended;

-�the 2004 Regulations-� means the Urban Waste Water Treatment (Amendment) Regulations, 2004 ( S.I. No. 440 of 2004 );

-�the Directive-� means Council Directive 91/271/EEC of the European Council of 21 May 1991 concerning urban waste water treatment ⁴ ;

-�river basin district-� has the same meaning as in the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ).

-�water services authority-�-� has the same meaning as in the Water Services Act 2007 (No. 30 of 2007)

General Amendment of the 2001 Regulations

3. The 2001 Regulations are hereby amended by the deletion of the word -�sanitary-� in Regulations 3, 4, 7, 8, 9, 10 and in the Fifth Schedule and the substitution therefore of the words -�water services-�.

Amendment of Third Schedule of the 2001 Regulations

4. The Third Schedule of the Urban Waste Water Treatment Regulations 2001 ( S.I. No. 254 of 2001 ) is hereby replaced by Schedule 1 of these Regulations.

5. For the purposes of Article 5 of the Directive, Part 3 of Schedule 1 of these Regulations shall be identified as sensitive areas from the date of enactment of these Regulations.

Amendment of Regulation 2 of the 2004 Regulations

6. The 2004 Regulations are hereby amended by the deletion of Regulation 2 paragraph (c) thereof.

Amendment of Regulation 4 of the 2001 Regulations

7. Regulation 4 of the 2001 Regulations is hereby amended by the deletion of paragraph (2)(b)(ii) and by the insertion of the following after paragraph (2)(b)(i):

-�(ii) by 31 May 2008 in the case of a sensitive area specified in Part 2 of the Third Schedule and

(iii) by 22 December 2012 in the case of the River Fergus as specified in Part 3 of the Third Schedule, and

(iv) by 22 December 2016 in the case of Clonakilty Harbour and the Boyne Estuary as specified in Part 3 of the Third Schedule.-�.

8. Regulation 4(3) is hereby amended by the insertion of the following after the word -�Schedule.-�:

-�The Environmental Protection Agency shall determine which parameter or parameters, depending on the local situation, shall apply for the purpose of Part 2 of the Second Schedule and shall take this into account when authorising a waste water discharge for the purpose of the Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007).-�.

SCHEDULE 1 Sensitive Areas

Part 1

Rivers

Eastern River Basin District

River Boyne, County Meath - 6.5 km section downstream of sewage treatment works outfall at Blackcastle, Navan, County Meath. ( Map 1 insert A, of Part 4 to this schedule)

River Liffey - downstream of Osberstown sewage treatment works to Leixlip reservoir, County Kildare. ( Map 1 , insert D, of Part 4 to this schedule)

Shannon International River Basin District

River Camlin, County Longford - from sewage treatment works at Longford to entry into the River Shannon. ( Map 2 , insert H of Part 4 to this schedule,)

River Nenagh, County Tipperary - downstream of sewage treatment works outfall in Nenagh to entry into Lough Derg. ( Map 2 , insert E, of Part 4 to this schedule)

River Tullamore, County Offaly - 0.5 km section downstream of sewage treatment works outfall in Tullamore. ( Map 2 , insert F, of Part 4 to this schedule)

Western River Basin District

River Castlebar, County Mayo - downstream of sewage treatment works at Knockthomas to entry into Lough Cullin ( Map 3 , insert A, of Part 4 to this schedule)

Lakes

Shannon International River Basin District

Lough Derg and Lough Ree on the River Shannon. ( Map 2 , inserts E and H, of Part 4 to this schedule)

South Western River Basin District

Lough Leane, County Kerry. ( Map 4 , insert E, of Part 4 to this schedule)

North Western International River Basin District

Lough Oughter, County Cavan. ( Map 5 , insert B, of Part 4 to this schedule)

Part 2

Rivers

Shannon International River Basin District

River Brosna - downstream of Mullingar sewage outfall (opposite intersection of regional road (R400) with N52 south of Mullingar), to Lough Ennell. ( Map 2 , insert G, of Part 4 to this schedule)

River Hind - downstream of Roscommon Town sewage outfall, to Lough Ree. ( Map 2 , insert H, of Part 4 to this schedule)

Little Brosna River - downstream of Roscrea sewage outfall below its confluence with the Bunow River, to the bridge near Brosna House ( Map 2 , insert D, of Part 4 to this schedule)

South Western River Basin District

River Blackwater (Munster) - downstream of Mallow railway bridge, to Ballyduff Bridge ( Map 4 , insert A of Part 4 to this schedule,)

North Western International River Basin District

River Cavan - from the bridge at Lisdarn downstream of Cavan Town to the Annalee River confluence. ( Map 5 , insert C, of Part 4 to this schedule)

South Eastern River Basin District

River Barrow - downstream of Portarlington sewage outfall, to Graiguenamanagh Bridge. ( Map 6 , insert B, of Part 4 to this schedule)

River Triogue - downstream of Portlaoise sewage outfall, to confluence with the River Barrow. ( Map 6 , insert A, of Part 4 to this schedule)

River Nore - downstream of Kilkenny sewage outfall, to Inistioge Bridge. ( Map 6 , insert E, of Part 4 to this schedule)

River Suir - downstream of Thurles sewage outfall, to Twoford Bridge. ( Map 6 , insert D, of Part 4 to this schedule)

River Suir - downstream of Clonmel sewage outfall, to Coolnamuck Weir. ( Map 6 , insert G, of Part 4 to this schedule)

Neagh Bann International River Basin District

River Blackwater (Monaghan) - from the confluence of the River Shambles to Newmills Bridge. ( Map 7 , insert A, of Part 4 to this schedule)

River Proules - downstream of Carrickmacross sewage outfall, to confluence with the River Glyde. ( Map 7 , insert C, of Part 4 to this schedule)

Lakes

Shannon International River Basin District

Lough Ennell, County Westmeath. ( Map 2 , insert G, of Part 4 to this schedule)

Neagh Bann International River Basin District

Lough Muckno, County Monaghan. ( Map 7 , insert B, of Part 4 to this schedule)

Lough Monalty, County Monaghan. ( Map 7 , insert C, of Part 4 to this schedule)

Estuaries and Bays

Eastern River Basin District

Broadmeadow Estuary (Inner) - from the bridge west of Lissenhall (Broadmeadow River) to the railway viaduct. ( Map 1 , insert G, of Part 4 to this schedule)

Liffey Estuary - from Islandbridge weir to Poolbeg Lighthouse, including the River Tolka basin and South Bull Lagoon. ( Map 1 , insert F, of Part 4 to this schedule)

South Eastern River Basin District

Slaney Estuary (Upper) - from Enniscorthy railway bridge to Macmine. ( Map 6 , insert C, of Part 4 to this schedule)

Slaney Estuary (Lower) - from Macmine to Drinagh / Big Island ( Map 6 , insert C, of Part 4 to this schedule)

Barrow Estuary - from the weir at Bahana Wood to New Ross Bridge. ( Map 6 , insert F, of Part 4 to this schedule)

Suir Estuary (Upper) - from Coolnamuck Weir to Newtown. ( Map 6 , insert G, of Part 4 to this schedule)

South Western River Basin District

Bandon Estuary Upper - from Inishannon Bridge to 1 km downstream of Knockroe. ( Map 4 , insert C, of Part 4 to this schedule)

Bandon Estuary Lower - from 1 km downstream of Knockroe to Money Point. (SWRBD Map 4 , insert C, of Part 4 to this schedule)

Blackwater Estuary Upper - from Bullsod Island (1 km downstream Lismore Bridge) to Dromana Ferry. ( Map 4 , insert A, of Part 4 to this schedule)

Blackwater Estuary Lower - downstream of Dromana Ferry, to near East Point, Youghal Harbour. ( Map 4 , insert A, of Part 4 to this schedule)

Lee Estuary / Lough Mahon - from the salmon weir (downstream of waterworks intake) to Monkstown (excluding North Channel and Great Island) ( Map 4 , insert B, of Part 4 to this schedule)

Owennacurra Estuary / North Channel - from North Channel (Great Island) upstream of Marloag Point including Owennacurra Estuary upstream to Dungourney river confluence. ( Map 4 , insert B, of Part 4 to this schedule)

Shannon International River Basin District

Lee Estuary Upper (Tralee) - from Ballymullin Bridge to 1.2 km from the seaward end of Tralee Ship Canal / Annagh Island. ( Map 2 , insert A, of Part 4 to this schedule)

Feale Estuary Upper - downstream of Finuge Bridge, to Poulnahaha Old Railway Bridge. ( Map 2 , insert B, of Part 4 to this schedule)

Cashen / Feale Estuary - downstream of Poulnahaha Old Railway Bridge, to Moneycashen. ( Map 2 , insert B, of Part 4 to this schedule)

North Western International River Basin District

Killybegs Harbour - Killybegs Harbour inside Kanes Rock / Carntullagh Head. ( Map 5 , insert A, of Part 4 to this schedule)

Neagh Bann International River Basin District

Castletown Estuary - from the weir 130 m downstream St. Johns Bridge (Castletown River) to Giles Quay / Lurgangreen. ( Map 7 , insert D, of Part 4 to this schedule)

Part 3

Rivers

Eastern River Basin District

River Boyne - from the point 6.5 km downstream of the sewage works outfall at Blackcastle, Navan to Marry-�s Weir upstream of Grove Island. ( Map 1 , insert B, of Part 4 to this schedule.)

River Liffey - from the Leixlip reservoir, County Kildare, to Islandbridge Weir. ( Map 1 , insert E, of Part 4 to this schedule.)

South Eastern River Basin District

River Barrow - from its confluence with the River Triogue to the point downstream of Portarlington sewage treatment outfall. ( Map 6 , insert A, of Part 4 to this schedule.)

Shannon International River Basin District

River Shannon (Upper) - from its confluence with the Camlin River to Lough Ree and from its outflow at Lough Ree to Clonmacnoise. ( Map 2 , insert H, of Part 4 to this schedule.)

River Fergus - from the sewage outfall at Clonroadmore, Ennis, County Clare, to the freshwater limit of the Fergus Estuary. ( Map 2 , insert C, of Part 4 to this schedule.)

River Brosna - from its outfall at Lough Ennell, County Westmeath, to its confluence with the River Shannon. ( Map 2 , insert G, of Part 4 to this schedule.)

Tullamore River - from the point 0.5 km downstream of the sewage treatment works outfall Tullamore to its confluence with the River Clodiagh (Tullamore). ( Map 2 , insert F, of Part 4 to this schedule.)

Estuaries and Bays

Eastern River Basin District

Boyne Estuary - from Marry-�s Weir upstream of Grove Island to Boyne Bar. ( Map 1 , insert C, of Part 4 to this schedule.)

South Western River Basin District

Clonakilty Harbour - from Clonakilty to Ring Harbour / Inchydoney Island. ( Map 4 , insert D, of Part 4 to this schedule.)

South Eastern River Basin District

Wexford Harbour - from Drinagh / Big Island to Rosslare Point / Raven Point. ( Map 6 , insert C, of Part 4 to this schedule.)

GIVEN under my Official Seal,

11 February 2010.

JOHN GORMLEY,

Minister for the Environment, Heritage and Local Government.

Eastern River Basin District

Shannon International River Basin District

Western River Basin District

South Western River Basin District

North Western International River Basin District

South Eastern River Basin District

Neagh Bann International River Basin District

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations amend the Urban Waste Water Treatment Regulations, 2001 by-

(a) designating ten additional areas (in River Boyne, River Liffey, River Barrow, River Shannon, River Fergus, River Brosna, Tullamore River, Boyne Estuary, Clonakilty Harbour and Wexford Harbour) as sensitive areas, and

(b) making some minor technical amendments.

The Urban Waste Water Treatment Regulations, 2001 (as amended) impose requirements in relation to discharges from urban waste water treatment facilities and give effect to Directive No. 91/271/EEC (the Urban Waste Water Treatment Directive) and Directive No. 2000/60/EC (the Water Framework Directive).

1 O.J. No. L327/1, 22.12.2000

2 O.J. No. L135/40, 30.05.91

3 O.J. No. L67/29, 07.03.98

4 O.J. No. L135/40, 30.05.91