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S.I. No. 440/2004 - Urban Waste Water Treatment (Amendment) Regulations, 2004

The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by sections 6 and 59 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) and for the purpose of giving further effect to the Directive of the European Parliament and of the Council of 23 October 2000 (No. 2000/60/EC) 1 and to the Council Directive of 21 May 1991 (No. 91/271/EEC)2 as amended by the Commission Directive of 27 February 1998 (No. 98/15/EC)3 , hereby makes the following Regulations:

1. These Regulations may be cited as the Urban Waste Water Treatment (Amendment) Regulations, 2004.

2. The Urban Waste Water Treatment Regulations, 2001 ( S.I. No. 254 of 2001 ) are hereby amended by—

(a) the deletion of sub-article 4(4)(b) thereof;

(b) the deletion of Part 2 of the Second Schedule thereto and the substitution therefor of the following:

“Part 2

Requirements for discharges from urban waste water treatment plants to sensitive areas. One or both parameters may be applied depending on the local situation. The values for concentration or for the percentage of reduction shall apply.

Parameters

Concentration

Minimum percentage of reduction(1)

Reference method of measurement

Total phosphorus

2 mg/l P (10,000 - 100,000 p.e.)

80

Molecular absorption spectrophotometry

1 mg/l P (more than 100,000 p.e.)

Total nitrogen(2)

15 mg/l N (10,000 - 100,000 p.e.)(3)

70-80

Molecular absorption spectrophotometry

10 mg/l N (more than 100,000 p.e.) (3)

(1) Reduction in relation to the load of the influent.

(2) Total nitrogen means the sum of total Kjeldahl nitrogen (organic and ammoniacal nitrogen), nitrate — nitrogen and nitrite — nitrogen.

(3) These values for concentration are annual means as referred to in paragraph 4 (c) of the Fifth Schedule. However, the requirements for nitrogen may be checked using daily averages when it is proven, in accordance with paragraph 1 of that Schedule, that the same level of protection is obtained. In this case, the daily average must not exceed 20 mg/l of total nitrogen for all the samples when the temperature of the effluent in the biological reactor is superior or equal to 12°C. The conditions concerning temperature can be replaced by a limitation on the time of operation to take account of regional climatic conditions.

and

(c) the insertion into Part 2 of the Third Schedule thereto under the heading “Estuaries” of the following:

“Lee Estuary/Lough Mahon — from the salmon weir (downstream of waterworks intake) to Monkstown (excluding North Channel at Great Island).

Owennacurra Estuary/North Channel — from North Channel (Great Island) upstream of Marloag Point including Owennacurra Estuary upstream to Dungourney river confluence.”.

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GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government, this 15th day of July, 2004.

MARTIN CULLEN,

Minister for the Environment, Heritage and Local Government.

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 two additional areas (in Cork Harbour) as sensitive areas, and

(b) making some minor technical amendments.

The Urban Waste Water Treatment Regulations, 2001 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. L 327/1 22.12.2000

2 O. J. No. L 135/40 30.05.1991

3 O. J. No. L 67/29 07.03.1998