Environment: Fines/Penalites in respect of Ground Water Pollution

To ask the Minister for Environment, Community and Local Government the extent to which this country has incurred fines or penalties imposed by the European Union in respect of ground or other water pollution; the steps taken to prevent any such penalties in the future; and if he will make a statement on the matter. Deputy Bernard J. Durkan [22845/15]

REPLY: Minister Alan Kelly:

The implementation of the EU Water Framework Ground Directive s requires the extensive monitoring of groundwater quality and the inclusion of programmes of measures in each river basin management plan to ensure continuing improvement in the quality of groundwater. The European Communities Environmental Objectives (Groundwater) Regulations 2010, as amended, give legal effect to measures for the protection of groundwater.

On-going monitoring of groundwater quality is carried out by the EPA.   The monitoring includes substances such as ammonium, nitrate and phosphate as well as faecal coliforms and pesticides.   In the report Water Quality in Ireland 2007-2009, the EPA found that overall, in comparison to previous reporting periods, pollution of groundwater decreased over the period, with reductions in nitrate and phosphate concentrations.   The EPA’s next report on Water Quality is due to be published very shortly, but I understand that this decreasing trend has continued in the period 2010-2012.

The EU have not imposed any fines or penalties in respect of groundwater or other water pollution. However, on the 29 October 2009, the European Court of Justice (ECJ) ruled against Ireland in relation to septic tanks and other on-site wastewater treatment systems. The Court found that by failing to adopt the necessary legislation to comply with Articles 4 and 8 of the Waste Directive (75/442/EEC), Ireland had failed to fulfil its obligations as regards domestic waste waters disposed of in the countryside through septic tanks and other individual waste water treatment systems. On 19 December 2012, the ECJ ruled that Ireland should pay fines totalling € 2.756 million, made up of a lump sum penalty of €2 million plus daily fines of €0.756m.

The ECJ ruling highlighted deficiencies in the then existing Irish legislation. These deficits were addressed through enactment of the Water Services (Amendment) Act 2012 and associated regulations, which introduced registration and inspection systems for domestic waste water treatment systems. Publication of the EPA’s National Inspection Plan on 19 February 2013 was the final measure required to ensure full compliance with the Court’s ruling. The case is now closed.