Point Source Pollution
June Graham, Policy Development Officer,
SEPA
Polluting Discharges
Unlike the other regulatory regimes the point
source regime will not be entirely new as it will
replace/subsume controls currently in place under Part
II of the Control of Pollution Act 1974 (CoPA) and the
Groundwater Regulations (1998). At present, discharges
of trade and sewage effluent to controlled waters
require consent. Other discharges, such as
uncontaminated surface water, are exempt, unless
specifically prohibited by SEPA.
Proposed Transition Arrangements
1.1
Existing Licensed Activities
It is anticipated that the
majority of dischargers with COPA consents and Groundwater
authorisations would have to apply to transfer their
consents/authorisations to a WEWS licence.
Any controlled activities that are not
covered by a licence would have to apply for a WEWSA
authorisation.
Current proposals are that all licences
would have to be transferred between the period April 2005
and September 2005.
It is proposed that the existing conditions and
limits would apply without modification unless current
operational practice was not compliant. Provided there
was no unacceptable environmental impact the WEWS
licence would reflect current practice. Otherwise,
pre-existing conditions would be retained.
Transferred authorisations not complying with their
existing conditions would have to be reviewed as soon as
possible to identify any investment required by 2012.
Time-limited licences authorising continued operation might
be needed for the interim period. .
1.2
Other Existing Controlled
Activities
SEPA will work with dischargers to progressively
review those transferred authorisations where mitigation
measures would be required to deliver WFD
requirements. The reviews would not constrain
existing discharge performance but will provide dischargers
with the advanced warning of requirements for December
2012.
1.3
Priority Substances
The WFD requires the cessation or phasing-out of
discharges, losses and emissions of Priority Hazardous
Substances within 20 years of the Commission submitting
proposals for the control of priority substances. It is
anticipated that a Priority Substances Daughter
Directive will be adopted in 2004. This means that
Priority Hazardous Substances will not be permitted in
any authorised discharge from 2024, irrespective of the
legislative regime, i.e. IPC authorisation, PPC permit,
Waste Management licence or WES authorisation.
D ischarges, losses and emissions of less hazardous Priority Substances have
to be progressively reduced which means that all water-use
activities currently contributing an environmental load of
a Priority Substance will be required to investigate and
incorporate means of minimising its presence in waste
streams.
Regulatory Controls
The point source regime will have the generic
hierarchy of authorisation; licence for high risk
discharges/activities, GBR for medium risk and
Registration for low risk.
Of particular challenge in developing the new
regime is identifying;
i.
low-risk activities where standard industry practice
predominates and which therefore can be adequately and
effectively regulated by means of a GBR; and low-risk activities where standard industry practice
predominates and which therefore can be adequately and
effectively regulated by means of a GBR; and low-risk activities where standard industry practice
predominates and which therefore can be adequately and
effectively regulated by means of a GBR; and
ii.
low-risk activities which although currently
consented under CoPA could be regulated by means of a GBR
or Registration. low-risk activities which although currently
consented under CoPA could be regulated by means of a GBR
or Registration. low-risk activities which although currently
consented under CoPA could be regulated by means of a GBR
or Registration.
In order for the development of a GBR to be
worthwhile the activity has to be simple, subject to common
practice and sufficiently widespread to achieve efficiency
savings, both to the regulator and the
industry/user.
Some discharges which are being considered for
authorisation by GBR or Registration are:
i.
Septic tank and soakaway systems serving small
populations; Septic tank and soakaway systems serving small
populations; Septic tank and soakaway systems serving small
populations;
ii.
Fish hatcheries; Fish hatcheries; Fish hatcheries;
iii.
Scour valve discharges; Scour valve discharges; Scour valve discharges;
iv.
Sustainable Urban Drainage Systems. Sustainable Urban Drainage Systems. Sustainable Urban Drainage Systems.
However, where site-specific sensitivities apply
an activity normally authorised by a GBR or simple
Registration might require a licence, for example where
there was a public health risk from a discharge liable
to impact a bathing water or shellfish water.
Conversely, where water users considered that the
risk from a controlled activity had diminished they
could apply for review, e.g. from a licence to a
GBR.
Regulatory mechanisms comparable to a GBR already
exist in Scotland . The Control of Pollution (Silage, Slurry, and
Agricultural Fuel Oil) ( Scotland ) Regulations 1991 define statutory standards for
collection and storage and include a requirement to notify
SEPA. Similarly, Part M of the Building Standards Regulations which sets out
requirements for the design and construction of septic tank
soakaways could be considered to be GBRs.
Issues for Discussion
The principal issues for discussion are:
1. Whether there are particular issues that need to be
considered as part of the transitional arrangements from
COPA consents/groundwater authorisations to WEWS
authorisations Whether there are particular issues that need to be
considered as part of the transitional arrangements from
COPA consents/groundwater authorisations to WEWS
authorisations
2. How do you think the authorisation hierarchy,
specifically Registration and GBRs, may be applied to point
source discharges to facilitate minimal regulatory
burden? How do you think the authorisation hierarchy,
specifically Registration and GBRs, may be applied to point
source discharges to facilitate minimal regulatory
burden?
3. Whether you consider there are specific opportunities
for your respective industry/activity that would benefit
from authorisation by GBR. Whether you consider there are specific opportunities
for your respective industry/activity that would benefit
from authorisation by GBR.
Note on legal basis
The Water Environment and Water Services ( Scotland ) Act 2003 provides for Scottish Ministers to
make regulations for the control of activities liable
to cause pollution of the water environment.
The Act defines -
""pollution", in relation to the water environment,
means the direct or indirect introduction, as a result
of human activity, of substances or heat into the water
environment, or any part of it, which may give rise to
any harm.
"Harm" means -
(a)harm to the health of human beings or other
living organisms;
(b)harm to the quality of the water environment
taken as a whole;
i.
harm to the health of human beings or
other living organisms;
ii.
other impairment of, or interference with, the
quality of aquatic ecosystems or terrestrial ecosystems
directly depending on aquatic ecosystems;
(c)offence to the senses of human beings;
(d)damage to property; or
(e)impairment of, or interference with, amenities or
other legitimate uses of the water environment."