EPA ups the ante

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Rural Water News Autumn 2007 Benefits Apart from financial savings, the benefits of an effective management strategy were witnessed when unforeseen problems arose after the treatment plant was switched in April this year. An unprecedented algal bloom hit Garty lough, the scheme’s source in June and again in August. The treatment plant hadn’t been designed to deal with this problem and there was no option but to shut it down temporarily on both occasions. The manager’s task was to address the public health issues involved, ensure a flow of information to the committee and the wider membership, organise the scouring of lines after the events, as well as working with the service provider (EPS) to find a solution. The treatment system is now being expanded to cope with algae, should the problem re-occur, but Mairéad Sheridan told delegates that her objective as manager will be to get to the cause of the problem and to recommend the introduction of appropriate source protection measures. Information Consumer education is clearly high on her agenda. Besides issuing bills detailing the volume of water through the meter, all members will receive a newsletter in advance of the AGM. Mairéad Sheridan accepted that her role requires positive support from a range of people, not least the water services section of Cavan County Council. She concluded by paying tribute to the committee of Erne Valley GWS and to John Masterson, for ensuring that the scheme is on its way to achieving quality water and a quality service through effective management. 8
Rural Water News Autumn 2007 Explaining the legislative context This year’s conference broke new ground when a representative of the Environmental Protection Agency addressed delegates. Darragh Page, an Inspector with the environmental watchdog outlined the implications for the rural water sector of the European Communities (Drinking Water) Regulations, 2007. Explaining that local authorities are to be Water Supervisory Authorities for group schemes, he said that under the regulations, they have strengthened powers of enforcement, new powers of direction and the ability to impose sanctions. A Water Supervisory Authority (WSA) can now direct a water supplier to keep and submit records relating to : • Management and treatment of water • Monitoring results • Corrective actions • Disinfection • Information for inclusion on the Register Risk to health Where there is a risk to health the WSA (in consultation with the Health Service Executive) can now direct a water supplier to take appropriate measures to prevent, limit, eliminate or abate that risk. Where it considers it approprivate, a Water Supervisory Authority can also issue directions in relation to water treatment. The regulations also require an ‘immediate investigation’ into the cause of a problem where remedial action is called for and a strict timescale is laid down for the preparation by the group scheme of an ‘action plan’. This plan may then be amended. Offences Mr Page detailed a series of offences under the regulations. Amongst these, it is an offence ‘to fail to carry out a direction to prevent, limit, eliminate or abate a risk to health’. Similarly, failure to prepare and implement an action programme, inform consumers about remedial action, maintain records of incidents, or to make records available to supervisory authorities, are all deemed an offence. Under Regulation 19, it is an offence to: • refuse access to an authorised person • obstruct/impede an authorised person. • give false or misleading information to an authorised person. • fail to comply with a direction from an authorised person. All of the above offences carry financial penalties. Oppsite page (from top) Alex McDonell of Mayo was one of many delgates to participate in question & answer sessions; Members of Townawully GWS with Donegal Rural Water Liaison Officer, Mary McDermott; Delegates used breaks in the conference to renew old acquaintances and to share information; NFGWS Chairperson, Brendan O’Mahony in conversation with Professor Tom Collins. This page: (left) Darragh Page, the first EPA representative to address an annual rural water services conference; (right) Pat Keane, DoEHLG. Water Services Act In recent years, Pat Keane of the Water Services Policy Section of the DoEHLG has become a familiar face to rural water activists. A key figure in drafting the Water Service Bill as it appeared before the Houses of the Oireachtas (and in redrafting it on its tortuous route towards enactment), he returned this September to explain the measure as it was finally enacted and signed into law on 14 May. Operational Amongst its operational provisions, the Act allows a local authority (WSA) to close, or order remediation, of polluted drinking water sources. Where there is a temporary interruption of supply that exceeds 24 hours, an alternative source of domestic drinking water must be provided. A WSA has strengthened acquisition powers under the Act. This includes power to acquire a waterworks where two-thirds of the members of a GWS agree. ‘Orphan’ schemes (where there is no active committee) can be taken-in-charge, while a WSA has power to take over management of a scheme on a temporary basis, and to charge the costs involved to the scheme. Under the Act, it an offence to damage pipes or tamper with meters. Those wishing to build over pipes will require consent to do so. The full enforcement of the provisions of the Act in tersm of the licensing of group water schemes will follow production of appropriate guidelines, Mr Keane said. Habitats & Heritage A legislative area that has not figured largely in the minds of rural water activists, but has presented major challenges to GWS upgrades in some areas, is the protection afforded to designated areas and heritage sites. Oliver Fogarty, a senior advisor in the DoEHLG, addressed the sometimes conflicting claims of public health and the legal protection afforded to particular designated sites and species, and outlined a protocol that should applied in such cases. Apart from 60 different habitats, including turloughs, raised bogs, blanket bogs, clean lakes and limestone pavement, protection is given to 25 endangered species, including otters, bats, salmon and freshwater pearl mussels. International conventions (signed up to by Ireland) mean that, when planning development, special consideration must be given to these and to archaeological sites. A water service provider, for example, would have to demonstrate conclusively that no alternative existed when carrying out an essential upgrade that might impact on any of the above. Continued on page 11 9
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EPA ups the ante

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