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Advances in Water Treatment and Enviromental Management

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44 WATER TREATMENTframework for controls <strong>and</strong> gives the Secretary of State for the Environmentthe power to issue orders giv<strong>in</strong>g <strong>in</strong>structions for the implementation of thelegislation. The orders are issued as commencement orders or ‘statutory<strong>in</strong>struments’. The procedure for chang<strong>in</strong>g laws <strong>in</strong> the UK is to repeal certa<strong>in</strong>sections of exist<strong>in</strong>g legislation <strong>and</strong> to issue new legislation <strong>in</strong> Acts ofParliament. Thus some sections of the Public Health Act 1875 whichcontrolled discharges to surface waters are still <strong>in</strong> force whereas mostsections have been superseded by new Acts, the most important of whichare the Control of Pollution Act 1974 <strong>and</strong> the <strong>Water</strong> Act 1989. Similarly,although the control of discharges to sewers refers back to the Public HealthAct of 1936, most of the provisions <strong>in</strong> the Act have been superseded by theControl of Pollution Act 1974 <strong>and</strong> the <strong>Water</strong> Act 1989.The Control of Pollution Act 1974 strengthened the provisions for the controlof pollution, <strong>in</strong> particular the control of discharges to estuar<strong>in</strong>e <strong>and</strong> coastalwaters. The consent conditions for discharges to surface waters <strong>and</strong> themonitor<strong>in</strong>g data were made available for public scrut<strong>in</strong>y. The data can beused by the public to <strong>in</strong>itiate prosecutions. Applications for new consentsneed to be advertised allow<strong>in</strong>g objections to be raised to the consentconditions proposed.The <strong>Water</strong> Act 1989 set up the National Rivers Authority <strong>in</strong> Engl<strong>and</strong> <strong>and</strong>Wales which now has the responsibility for the monitor<strong>in</strong>g of discharges tosurface waters, both those from the newly privatised water companies <strong>and</strong><strong>in</strong>dustry (previously the treatment of wastewaters <strong>and</strong> the monitor<strong>in</strong>gfunctions were carried out <strong>in</strong> Engl<strong>and</strong> <strong>and</strong> Wales by the same organisation,the <strong>Water</strong> Authorities). The <strong>Water</strong> Act 1989 also requires the National RiversAuthority to def<strong>in</strong>e statutory quality objectives for all surface waters. InScotl<strong>and</strong> the treatment <strong>and</strong> monitor<strong>in</strong>g functions have been separate s<strong>in</strong>ce1951 with the Regional Councils be<strong>in</strong>g responsible for treatment <strong>and</strong> theRiver Purification Boards for the monitor<strong>in</strong>g.The use-related EC directives, eg for the abstraction for dr<strong>in</strong>k<strong>in</strong>g water (75/440/EEC) (CEC 1975), were implemented <strong>in</strong> the UK by adm<strong>in</strong>istrative actionwhich <strong>in</strong>volved the Department of the Environment (<strong>and</strong>/or the Welsh Office<strong>and</strong> the Scottish Development Department) writ<strong>in</strong>g to the responsible bodies(at the time <strong>Water</strong> Authorities <strong>in</strong> Engl<strong>and</strong> <strong>and</strong> Wales <strong>and</strong> River PurificationBoards <strong>in</strong> Scotl<strong>and</strong>) advis<strong>in</strong>g them on the contents of the directives <strong>and</strong> theactions necessary to comply with them. In Northern Irel<strong>and</strong>, the Departmentof Environment for Northern Irel<strong>and</strong> is itself the responsible body.As the Dangerous Substances Directive (CEC 1976) is essentially an enabl<strong>in</strong>gdirective, no immediate requirements to comply were needed. However,follow<strong>in</strong>g the publication of several ‘daughter’ directives for <strong>in</strong>dividualsubstances <strong>and</strong> the sett<strong>in</strong>g of environmental quality st<strong>and</strong>ards (EQSs) <strong>in</strong>the UK for several List II substances, the Department of the Environment<strong>and</strong> the Welsh Office published <strong>in</strong> 1985 a circular (DoE 1985) which advised

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