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4. Meeting the water quality challenges - compliance through other means
4.0.1 This marks the end of the consultation paper regarding the Regulations themselves. But as we said earlier in the paper, these Regulations transpose only certain parts of the Directive. Member States are required to ensure that by 2015 all bathing waters are of at least sufficient standard and while these Regulations (Regulation 10) set the appropriate standards, they do not establish the measures by which we hope this will be achieved. It is our intention that compliance will be attained through existing legislative and other means.
4.0.2 As was illustrated in Table 1 previously, compliance with the existing Directive is by no means guaranteed and with the tighter standards that the revised Directive brings, we are aware of the challenges ahead. Indeed, by comparing data from recent years against the revised Directive's criteria, SEPA has determined that up to one-third of currently designated bathing waters in Scotland could be at risk of being classified as poor where no discounting of samples occurs. Even allowing for the maximum number of disregarded samples, it is still possible that almost one in ten of Scotland's bathing waters would fail to reach sufficient standard. This is why it is important that we maximise the use of measures and mechanisms which are either already in place or are currently being developed to combat the risks to compliance. These are explained below. Fortunately, most bathing waters which currently meet the guideline standards of the existing Directive are expected to meet the criteria for classification as excellent under the revised Directive. SEPA has also predicted that a third of all current sites would achieve this highest classification were discounting to be applied.
4.1 Identifying risks to compliance
4.1.1 Although required to identify the risks to compliance at bathing waters within the bathing water profile by 2011, SEPA will need to ensure that possible pollution impacts are taken account of earlier than this (and generally do already through their existing Pollution Reduction Plans). Under the Water Framework Directive, the issues affecting bathing waters, as protected areas, will need to be considered in the first River Basin Management Plan. This is due to be published in December 2009.
4.1.2 Risks to bathing waters can come from either point or diffuse sources, the latter exacerbated by heavy rain. Point source discharges, in that they come from an identifiable location, are generally easier to control than diffuse. With the improvements to the sewerage system, the impact of point source pollution has lessened, while that of diffuse pollution has become more apparent. Of the majority of Scottish bathing waters at risk of non-compliance with the revised Directive, most potential poor results would be attributable to diffuse pollution, particularly from agriculture, although intermittent sewage discharges after a period of heavy rain are also a factor.
4.2 Controlling point source pollution
4.2.1 Point source discharges to the water environment are controlled through the Water Environment (Controlled Activities) (Scotland) Regulations 2005 ( CAR). These are the primary means by which activities that may influence water quality are now authorised. Bathing waters are recognised as protected areas under the CAR regime, and therefore SEPA will need to consider the risks to compliance when determining applications for authorisations of any point sources of pollution.
4.2.2 Included in the wide range of point sources which SEPA regulates are those discharges owned and operated by Scottish Water. In 2005, Scottish Ministers announced the objectives they require Scottish Water to meet in their current investment programme, Quality and Standards 3 (Q&S 3). This programme is running from 2006 to 2014, continuing the work of modernising and improving water and sewerage services in Scotland. Within those objectives, improvements to some 64 km of bathing waters to meet the microbiological standards of the current Directive were announced. Q&S 3 did not take account of the requirements of the revised Directive as the Directive did not come into force until 2006. It is important that the implications of the revised Directive for the water industry are properly considered, and where necessary, changes are made to Ministers' objectives for the second part of the Q&S 3 programme post-2010.
4.2.3 A significant threat to compliance at bathing waters in urban areas is from the impact of excess rainfall causing combined foul and surface water drainage sewers to overflow. Investment requirements arising from the revised Directive to mitigate the risk of overflow will be considered as one of the changes required to Ministers' Objectives for the second part of the Q&S 3 programme.
4.3 Controlling diffuse pollution
4.3.1 Diffuse pollution, by its very nature, is a difficult issue to deal with, but significant steps are already being taken across Scotland to address the problem. Under the Water Environment and Water Services (Scotland) Act 2003, General Binding Rules are planned on diffuse pollution from agriculture, to be introduced early in 2008. These will form part of the CAR regime and set out basic activities that should be undertaken in order to prevent pollution from occurring. The Scottish Government recently concluded its consultation on these proposals. 38 These General Binding Rules will be mainly drawn from existing guidelines, and so should prove to be a 'light touch' form of regulation, especially for those farmers who have already adopted this good practice. In addition, farmers will continue to be encouraged to adopt other good practice, as outlined in documents such as the 4 Point Plan 39, the Farm Soils Plan 40 (both of which were published as a result of a project instigated by the Government to improve bathing water quality) and the Prevention of Environmental Pollution From Agricultural Activity ( PEPFAA) Code. 41
4.3.2 If the national GBRs prove to be insufficiently effective at reducing diffuse pollution at bathing waters, there is scope for further targeted and more specific rules. Measures may also be taken by requiring higher levels of authorisation under the CAR regime, such as licensing.
4.3.3 However, measures to reduce diffuse pollution will not just take the form of regulation. The Government's proposed Scottish Rural Development Programme, when finalised, should contain scope to encourage farmers to invest in measures designed to reduce diffuse pollution, particularly where this impacts on bathing waters. The results of recent Government farm-based research projects will be valuable here in informing us as to which measures will be most effective in improving bathing water quality. 42 They could include such options as the anaerobic digestion of slurry, as piloted in one such innovative project. 43 However, it is likely that the funds available for such schemes will be limited.
Q: We believe that it makes more sense to use the outcomes of other processes, such as CAR licensing and Scottish Rural Development Programme, rather than specify additional measures in the draft Regulations to protect bathing waters. Do you agree with this approach?
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