Waste discharge prohibitions, waste discharge permit requirements, and wastewater discharge requirements built in water utilization permits can be complementary to, or complemented by, other water pollution control mechanisms. The following such complementary mechanisms can be the subject of subsidiary legislation:
Subsidiary legislation provides procedural requirements for the implementation of water quality management planning mechanisms provided for by principal legislation. Requirements in the example below are aimed at providing opportunities for public review and comment on plans being formed, and public information of plans which have been made.
|
IRELAND - Local Government (Water Pollution) Regulations, 1978 39. In this Part: "plan" means a water quality management plan under section 15. 40. (1) Where a local authority proposes to make, revise or replace a plan it shall publish notice of such intention in at least one newspaper circulating in its functional area. (2) A notice under sub-article (1) shall indicate:
41. (1) Where a local authority makes, revises or replaces a plan, it shall publish notice to this effect in at least one newspaper circulating in its functional area. (2) A notice under sub-article (1) shall state that a copy of the plan is available for inspection at a stated place and at stated times. (3) Where the plan has been made, revised or replaced jointly by two or more local authorities the notice under sub-article (1) shall indicate that the plan has been so made, revised or replaced and shall specify those local authorities. 42. Where application is made to a local authority for a copy of a plan or part thereof, the local authority shall issue a copy to the applicant on payment by him to the local authority of a sum which shall not exceed the reasonable cost of making the copy. |
Inventories of the nature and extent of pollution, and of its causes can be viewed as a pre-requisite to a pollution control programme, and as the first step in water quality management planning. The example below clarifies the scope of the inventories and who can initiate an inventory. In addition, it conveys to the responsible government officials the powers which are needed for the necessary field investigations, most notably, the power to enter private property and take samples and inspect records. In this connection, it further clarifies the extent of the government's liability for damage resulting from the exercise of the said powers.
|
NEW ZEALAND - Waters Pollution Regulations, 1963 3. (1) The Council may from time to time carry out investigations for the purpose of ascertaining:
(2) Any such investigation may be carried out at the request of any person or authority having an interest in the mitigation of pollution of the waters affected or the Council may decide to carry out an investigation on its own motion. (3) Investigations shall be carried out in such order of priority as the Council thinks fit. 4. (1) For the purpose of carrying out any investigation under these regulations the Council, or any person authorised specially or generally in that behalf in writing by the Council, may make surveys, investigations, tests, and measurements in respect of waters pollution, and for that purpose may:
(2) Where practicable, reasonable notice of the intention to enter upon any land owned by another person shall be given to the owner and occupier thereof. (3) Every person who is authorised in writing as aforesaid shall produce his authority when so required by the owner or occupier of any land on which he intends to enter or has entered. (4) Every person having any estate or interest in land injuriously affected and every person suffering any damage whatever from the exercise of any power under this regulation shall be entitled to full compensation from the Council. Any such compensation may be claimed and may be determined in the manner provided by the Public Works Act 1928. |
Ambient water quality standards or objectives are generally fixed in relation to different categories of water. In the examples below, subsidiary legislation provides the procedure and criteria for the classification of waters (I), and for the establishment of water quality standards (II).
|
I - UNITED KINGDOM - The Surface Waters (River Ecosystem) (Classification) Regulations, 1994 2. Classification of waters (1) A system employing the classifications RE1, RE2, RE3, RE4 and RE5 is prescribed as a system of classification applying to inland freshwaters which are relevant rivers or watercourses. (2) The criteria for each of the classifications RE1 to RE5 are that the following requirements are satisfied by a series of samples of water taken and analysed in accordance with regulation 3, that is to say -
3. Sampling, analysis and compliance The following matters, that is to say --
shall be determined by the National Rivers Authority in accordance with the procedures, and by reference to the principles, set out in the document dated 30th March 1994 and entitled "Water Quality Objectives: Procedures used by the National Rivers Authority for the purpose of the Surface Waters (River Ecosystem) (Classification) Regulations 1994". Schedule - River ecosystem classifications (Omitted) ... Explanatory Note (This note is not part of the Regulations) These Regulations prescribe a system of classifying the general quality of inland freshwaters which are relevant rivers or watercourses (as defined in section 104 of the Water Resources Act 1991 ("the Act")). The system, which consists of five classes ranging in order of decreasing quality from RE1 to RE5, will be used for establishing quality objectives under section 83 of the Act. ... II - UNITED STATES OF AMERICA - Code of Federal Regulations - Title 40, Protection of Environment PART 131 - Water Quality Standards Subpart A - General Provisions §131.1 Scope. This part describes the requirements and procedures for developing, reviewing, revising, and approving water quality standards by the States as authorized by section 303(c) of the Clean Water Act. ... §131.2 Purpose. A water quality standard defines the water quality goals of a water body, or portion thereof, by designating the use or uses to be made of the water and by setting criteria necessary to protect the uses. States adopt water quality standards to protect public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act (the Act). "Serve the purposes of the Act" (as defined in sections 101(a)(2) and 303(c) of the Act) means that water quality standards should, wherever attainable, provide water quality for the protection and propagation of fish, shellfish and wildlife and for recreation in and on the water and take into consideration their use and value of public water supplies, propagation of fish, shellfish, and wildlife, recreation in and on the water, and agricultural, industrial, and other purposes including navigation. Such standards serve the dual purposes of establishing the water quality goals for a specific water body and serve as the regulatory basis for the establishment of water-quality-based treatment controls and strategies beyond the technology-based levels of treatment required by sections 301(b) and 306 of the Act. §131.6 Minimum requirements for water quality standards submission. The following elements must be included in each State's water quality standards submitted to EPA for review:
Subpart B - Establishment of Water Quality Standards §131.10 Designation of uses. (a) Each State must specify appropriate water uses to be achieved and protected. The classification of the waters of the State must take into consideration the use and value of water for public water supplies, protection and propagation of fish, shellfish and wildlife, recreation in and on the water, agricultural, industrial, and other purposes including navigation. In no case shall a State adopt waste transport or waste assimilation as a designated use for any waters of the United States. (b) In designating uses of a water body and the appropriate criteria for those uses, the State shall take into consideration the water quality standards of downstream waters and shall ensure that its water quality standards provide for the attainment and maintenance of the water quality standards of downstream waters. (c) States may adopt sub-categories of a use and set the appropriate criteria to reflect varying needs of such sub-categories of uses, for instance, to differentiate between cold water and warm water fisheries. (d) At a minimum, uses are deemed attainable if they can be achieved by the imposition of effluent limits required under sections 301(b) and 306 of the Act and cost-effective and reasonable best management practices for nonpoint source control. (e) Prior to adding or removing any use, or establishing sub-categories of a use, the State shall provide notice and an opportunity for a public hearing under §131.20(b) of this regulation. (f) States may adopt seasonal uses as an alternative to reclassifying a water body or segment thereof to uses requiring less stringent water quality criteria. If seasonal uses are adopted, water quality criteria should be adjusted to reflect the seasonal uses, however, such criteria shall not preclude the attainment and maintenance of a more protective use in another season. (g) States may remove a designated use which is not an existing use, as defined in §131.3, or establish sub-categories of a use if the State can demonstrate that attaining the designated use is not feasible because:
(h) States may not remove designated uses if:
(i) Where existing water quality standards specify designated uses less than those which are presently being attained, the State shall revise its standards to reflect the uses actually being attained. (j) A State must conduct a use attainability analysis as described in §131.3(g) whenever:
(k) A State is not required to conduct a use attainability analysis under this regulation whenever designating uses which include those specified in section 101(a)(2) of the Act. §131.11 Criteria. (a) Inclusion of pollutants: (1) States must adopt those water quality criteria that protect the designated use. Such criteria must be based on sound scientific rationale and must contain sufficient parameters or constituents to protect the designated use. For waters with multiple use designations, the criteria shall support the most sensitive use. (2) Toxic pollutants. States must review water quality data and information on discharges to identify specific water bodies where toxic pollutants may be adversely affecting water quality or the attainment of the designated water use or where the levels of toxic pollutants are at a level to warrant concern and must adopt criteria for such toxic pollutants applicable to the water body sufficient to protect the designated use. Where a State adopts narrative criteria for toxic pollutants to protect designated uses, the State must provide information identifying the method by which the State intends to regulate point source discharges of toxic pollutants on water quality limited segments based on such narrative criteria. Such information may be included as part of the standards or may be included in documents generated by the State in response to the Water Quality Planning and Management Regulations (40 CFR part 35). (b) Form of criteria: In establishing criteria, States should:
§131.12 Antidegradation policy. (a) The State shall develop and adopt a statewide antidegradation policy and identify the methods for implementing such policy pursuant to this subpart. The antidegradation policy and implementation methods shall, at a minimum, be consistent with the following:
§131.13 General policies. States may, at their discretion, include in their State standards, policies generally affecting their application and implementation, such as mixing zones, low flows and variances. Such policies are subject to EPA review and approval. Subpart C - Procedures for Review and Revision of Water Quality Standards §131.20 State review and revision of water quality standards. (a) State review. The State shall from time to time, but at least once every three years, hold public hearings for the purpose of reviewing applicable water quality standards and, as appropriate, modifying and adopting standards. Any water body segment with water quality standards that do not include the uses specified in section 101(a)(2) of the Act shall be re-examined every three years to determine if any new information has become available. If such new information indicates that the uses specified in section 101(a)(2) of the Act are attainable, the State shall revise its standards accordingly. Procedures States establish for identifying and reviewing water bodies for review should be incorporated into their Continuing Planning Process. (b) Public participation. The State shall hold a public hearing for the purpose of reviewing water quality standards, in accordance with provisions of State law, EPA's water quality management regulation (40 CFR 130.3(b)(6)) and public participation regulation (40 CFR part 25). The proposed water quality standards revision and supporting analyses shall be made available to the public prior to the hearing. (c) Submittal to EPA. The State shall submit the results of the review, any supporting analysis for the use attainability analysis, the methodologies used for site-specific criteria development, any general policies applicable to water quality standards and any revisions of the standards to the Regional Administrator for review and approval, within 30 days of the final State action to adopt and certify the revised standard, or if no revisions are made as a result of the review, within 30 days of the completion of the review. §131.21 EPA review and approval of water quality standards. (a) After the State submits its officially adopted revisions, the Regional Administrator shall either:
(b) The Regional Administrator's approval or disapproval of a State water quality standard shall be based on the requirements of the Act as described in §§131.5 and 131.6, and, with respect to Great Lakes States or Tribes (as defined in 40 CFR 132.2), 40 CFR part 132. ... §131.22 EPA promulgation of water quality standards. (a) If the State does not adopt the changes specified by the Regional Administrator within 90 days after notification of the Regional Administrator's disapproval, the Administrator shall promptly propose and promulgate such standard. (b) The Administrator may also propose and promulgate a regulation, applicable to one or more States, setting forth a new or revised standard upon determining such a standard is necessary to meet the requirements of the Act. (c) In promulgating water quality standards, the Administrator is subject to the same policies, procedures, analyses, and public participation requirements established for States in these regulations. |
Standards of effluent quality may be found in subsidiary legislation. In view of their highly technical nature, they have not been reproduced here. As the example below illustrates, effluent quality standards may be complemented by a grant of authority to responsible government officials to tailor to the circumstances particular to each case more or less stringent standards than those laid down in the legislation.
|
AUSTRALIA - QUEENSLAND - Clean Waters Regulations, 1973 26. (a) In any case where the Council considers that the observance of the general standard set out in Regulation 25(a) will not ensure that the receiving waters will be fit for some other water use, the Council shall determine such other standards for the waste discharge which, in its opinion, will ensure that such receiving waters will be fit for such water use. (b) In any case where the Council considers that the observance of a less stringent standard than the general standard set out in Regulation 25(a) will ensure that the receiving waters will be fit for all other water uses, the Council may determine other standards for the waste discharge which, in its opinion, will ensure that such receiving waters will be fit for such water uses and may determine the periods during which such less stringent standards shall apply. (c) In any case where the Council considers such action to be necessary or desirable, it may determine specific limits for the concentrations of any of the matters or organisms referred to in Regulation 25(b) and for any of the properties referred to in Regulation 25 (c). (d) In any case where Regulation 25 (a) does not apply, the Council shall determine specific standards for the waste discharge.... |
Sampling and testing of the waters where wastes are discharged are an essential complement to all the water pollution control mechanisms thus far reviewed insofar as sampling and testing are instrumental in (a) ascertaining the extent of pollution and (b) monitoring progress in general in the fight against pollution, and, more specifically, compliance with legal requirements. In the examples below, subsidiary legislation prescribes various matters related to sampling and testing - notably, procedures, standard methodologies and techniques, the circumstances which qualify a grant of authority to government officials to carry out sampling and testing, record-keeping, sampling methods and the effects which follow from the results of a test.
|
I - MALAYSIA - Environmental Quality (Sewage and Industrial Effluents) Regulations, 1979 7. For the purpose of these Regulations, the effluent discharged into any inland waters shall be analyzed in accordance with the latest edition of the methods specified in the Second Schedule[24], as amended from time to time, or in accordance with such other methods of analysis as the Director-General thinks fit. II - MALAWI - Water Resources (Water Pollution Control) Regulations, 1978 12.... (2) Any person authorized by the Board may, at any time and without prior notice to any person, enter upon any land for the purpose of testing, or taking samples of, the waste or effluent capable of being discharged by means of the works erected pursuant to paragraph (b) of sub-regulation (1), but no compensation shall be payable by such authorized person or the Board to any person in respect of any damage done to such land by reason of such entry. III - CAYMAN ISLANDS - Water Authority Regulations, 1985 21. (1) The Authority may from time to time, in pursuance of sub-paragraph (c) of sub-section (2) of section 44 of the Law, test the quality of an effluent being discharged under a permit. (2) If, as a result of a test made in pursuance of the last preceding sub-section, the effluent discharged fails to meet the minimum quality standard laid down in regulation 19 or 20 or these regulations, as the case may be, the provisions of sub-section (1) of section 21 of the Law shall apply, and the Authority will charge for the test made the fee prescribed in Schedule 2[25] to these regulations. (3) If, as a result of a test made in pursuance of sub-section (1) of this regulation, the conditions as to the quality of the effluent discharged which are contained in the relevant permit are shown to be met, no charge for the test will be made except where the test was requested by the holder of the relevant permit or by any other person, the prescribed fee being payable by one or the other, as the case may be. IV - CANADA - SASKATCHEWAN - The Water Regulations, 2002 19. Required testing of sewage works and industrial effluent works Every permittee shall:
38. Accredited laboratory (1) Subject to subsections (2) and (3), on and after March 31, 2004, an accredited laboratory must perform any analysis pursuant to this Division in accordance with the parameters for which it has been accredited. (2) For the purposes of this Division, if an accredited laboratory is not specifically accredited to perform an analysis required by this Division:
(3) If the minister approves any analytical protocols and procedures pursuant to subsection (2), the minister shall cause those protocols and procedures to be made available to the public in any manner that the minister considers likely to bring them to the public’s attention, including causing them to be posted on the department’s Internet website. 39. Testing, test results and notice of test results (1) Every permittee of a waterworks shall:
(2) A water sample taken for the purposes of analysis pursuant to subclause 32(1)(b)(i) may be submitted to an accredited laboratory or to any approved laboratory. (3) A permittee may perform tests on water samples taken for the purposes of analysis for on-site total chlorine residuals, free chlorine residuals or turbidity monitoring and need not submit those water samples for testing to an accredited laboratory. (4) If the results of any sample test taken pursuant to subsection (1) show that the level of any bacteria or any other constituent in the treated water exceeds the level or range set out in these regulations, the permittee shall:
(5) For the purposes of this section, the Bacteriological Follow-up Protocol for Waterworks Regulated by Saskatchewan Environment, EPB 205, dated November 2002 as issued by the department, as amended from time to time, is adopted. (6) If the minister considers it to be necessary, the minister may direct a permittee to conduct any further sampling and testing, in addition to that conducted pursuant to subsection (1), to monitor:
(7) Subject to subsection (8), any laboratory that conducts any analysis of water samples from a waterworks shall, within seven days after the date of completion of the analysis, report the results of the analysis to:
(8) If a sample submitted in accordance with subsection (1) or (6) shows the presence of total coliforms, fecal coliforms, Escherichia coli or 200 or more organisms per 100 millilitres as an overgrowth of background bacteria, the laboratory that conducted the analysis shall:
(9) On being notified pursuant to subsection (8), the permittee of the waterworks shall:
42. Operational records to be kept (1) Every permittee of a waterworks shall cause operational records or logs to be maintained, including records of the following:
(2) Every permittee of a waterworks shall cause the operational records or logs mentioned in subsection (1) to be recorded and maintained in the following manner:
V - UNITED KINGDOM - Surface Waters (Dangerous Substances) (Classification) Regulations (Northern Ireland) 1998 4. Sampling and analysis (1) The provisions of this regulation apply as respects the taking of samples of inland freshwaters, coastal waters and relevant territorial waters in relation to their classification in accordance with regulation 3. (2) Samples shall be taken under this regulation at a frequency sufficient to show any changes in the aquatic environment, having regard in particular to natural variations in hydrological conditions. (3) Where a discharge containing any substance listed in column (1) of any of the Schedules is made to waters mentioned in paragraph (1), samples shall be taken at a point sufficiently close to the discharge point to be representative of the quality of the aquatic environment in the area affected by the discharge, (4) Samples taken under this regulation in relation to relevant territorial waters, coastal waters or inland freshwaters to which the classification DS1, DS2 or DS3 is for the time being applied shall be analysed using the relevant reference method of measurement respectively specified in column (3) of Schedule 1, 2 or 3 or other methods which have limits of detection, precision and accuracy at least as good. |
|
[24] Omitted. [25] Omitted. |
