Spoil and Water. Irish Ports Association Conference Ciaran Callan Dublin Port Company. 26 th September 2008

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1 Spoil and Water Ciaran Callan Dublin Port Company Irish Ports Association Conference th September 2008

2 Disposal of Dredge Material: Regulation and Process of Application Requirement for disposal of dredge material at sea Responsibilities of Ports/Harbours Existing Legislative Process -DAFF -Coastal Zone Admin Division -Dumping at Sea Acts (OSPAR Convention) -Foreshore Acts -Harbour Act -MLVC -Marine Institute Consideration of Alternatives Sampling -Granulometry -Archaeological survey -Chemical testing as per existing Dumping at Sea criteria -Toxicity testing -Radiological testing Benthic impact study Bathymetric study Modelling short and long-term morphology Current velocities study 2009: Water Framework Directive: River Basin Management Plan -Existing Ecological Status/Potential -Existing Chemical Status -EQSs -Programme of Measures ~ 2010/2011: Waste Directive: -Non-hazardous sediments excluded from Directive Reporting -Dredge Management Plan 2

3 Disposal of Dredge Material: Regulation and Process of Application 3

4 Key Port Elements of the WFD Article Content 4(1) Sets out objectives to prevent deterioration and protect, enhance and restore all bodies of surface water by 2015; introduces concepts of good ecological status and good ecological potential 4(3) Deals with the designation of artificial water bodies (AWB) and heavily modified water bodies (HMWB) 4(4) Enables deadlines for achieving objectives to be extended under certain scenarios 4(5) Acknowledges that less stringent objectives may need to be set for certain water bodies where achieving the required objectives would be technically infeasible or disproportionately expensive, subject to meeting a number of criteria 4(6) Accepts temporary deterioration in water quality only where the cause is natural or due to force majeure, or as a result of an unforeseen accident 4(7) Makes provision for deterioration associated with new physical modifications or new sustainable human development activities, but only if certain criteria are met (adequate mitigation, no alternatives, overriding public interest, etc.) 5 Sets out requirements for characterisation of river basins, review of human impacts on the status of waters, and economic analysis of water use 6 Provides for a register of aquatic protected areas, including habitats or species directly depending on water (Completed by the EPA) 8 Establishes monitoring programmes covering physical, biological and chemical parameters (by end 2006). Marine monitoring yet to commence. 9 Sets out recovery of costs for water services in accordance with the polluter pays principle 11 Provides for a wide-ranging programme of protection and restoration measures designed to ensure the necessary improvements in water quality, including measures to ensure that the hydromorphological conditions of water bodies are consistent with the achievement of the required ecological status or ecological potential (the programme of measures to be established by June 2009, operational by 2012 and monitored thereafter) 13 Introduces a statutory system of planning and management for river catchments including estuaries and coastal waters out to a minimum of one nautical mile (published by June 2009) 14 Encourages consultation and active involvement of all interested parties in WFD implementation 4

5 Port Operations of relevance to the WFD Maintenance Dredging navigational fairways & berths Safe shipping 1 Year Dredge Plan: Volume = approximately 300,000m 3 5 Year Dredge Plan: Volume = approximately 1,000,000m 3 Dredging and dumping occurring at 18 month intervals Operations Surface water run-off Foul sewer operation Ship discharges / ballast water exchange Fuelling and bunkering Handling, interim storage and disposal of non-hazardous and hazardous materials Handling, interim storage and disposal of non-hazardous and hazardous wastes 5

6 Port Operations of relevance to the WFD Legacy Issues Historic land claim Historic contamination Local: type of fill for reclamation projects e.g. municipal waste Poor historical practices External: Influxes from upstream Established communities of alien species DPC recognise that the WFD does not allow for review of consents Unclear at present if ports will be required to bear the costs for restoration/mitigation that may be required to achieve the WFD objectives. However, It is DPC s understanding that this will be covered by the Environmental Liability Directive (2004/35/EC) 6

7 Port Operations of relevance to the WFD Future port operations Economic Growth: Department of Transport Study 2006 (Fisher Associates) regarding capacity constraints on National Lo-Lo and Ro-Ro Increased navigational activity (incl larger vessels) Reclamation Repair/construction of shoreline reinforcement structures Capital dredging 7

8 Water Framework Directive Objectives Good Status (surface waters) by 2015 = Good Ecological Status (GES) + Good Chemical Status Good Ecological Status = Thresholds/criteria for biological quality elements, supporting physico-chemical and hydromorphological elements. Includes National standards for specific relevant pollutants Good Chemical Status = EU-wide Environmental Quality Standards (EQSs) for priority substances Heavily Modified Water Bodies (HMWB) = Good Ecological Potential (GEP) + Good Chemical Status 8

9 Heavily Modified Water Bodies Presence of significant morphological pressures = driver for identifying a water body as a Heavily Modified Water Body (HMWB) HMWBs to achieve the less stringent objective of at least GEP and Good Chemical Status by 2015 GEP is set relative to the Maximum Ecological Potential (MEP) MEP represents the maximum ecological quality that could be achieved for a HMWB or AWB once all mitigation measures, that do not have significant adverse effects on its specified use (including ports/navigation) or on the wider environment, have been applied. The GEP is defined as the state where there are slight changes in the values of the relevant biological elements as compared to the values found at MEP. 9

10 Heavily Modified Water Bodies Issues currently unresolved / of concern: Ports/Harbours designated as HMWBs classified as Moderate Ecological Potential will need to implement PoMS to achieve GEP by 2015 PoMS defined by the River Basin Districts and outlined the RBMP Incorporation of planned and funded activities/development in the definition of GEP Were those projects planned and funded for within the first River Basin Cycle considered when defining Ecological Potential for HMWBs? How will unforeseen projects be managed in the RBMPs? Is there potential for the detail, or lack thereof, specified in the RBMPs to restrict the execution of projects not identified in a Plan? Variation of measures for operations/development crossing HMWB boundaries 10

11 Water Framework Directive Process Monitoring programmes completed will inform classification systems Classification systems will determine water body Status / Potential (interim status required of the EPA by 14 th Oct 2008) Environmental objectives can then be set: Protect existing Status / Potential Restore water body conditions to achieve required Status / Potential (at least GES / GEP by 2015) Identify and prioritise Programme of Measures to achieve the objectives set Technical feasibility and cost Exemptions River Basin Management Plans (RBMPs) 11

Water Framework Directive - Implementation Europe Water Framework Directive WFD Daughter Directive - Environmental Quality Standards Ireland S.I. No.

12 Water Framework Directive - Implementation Europe Water Framework Directive WFD Daughter Directive - Environmental Quality Standards Ireland S.I. No. 722 of 2003 & S.I. No. 219 of 2008 European Communities (Water Policy) Regulations Draft Surface Water Regulations 2008 Transposed WFD Measures to give effect to the objectives of the WFD Legal status to criteria and standards to be used to classify waters 12

13 Daughter Directive Environmental Quality Objectives EU Level Aims at phasing out sources of pollution by establishing standards to be monitored by inventories of discharges, emissions and losses Will propose EU-wide Environmental Quality Standards (EQSs) for water, sediment and biota Resisted by European Sea Ports Organisation (ESPO): sediment standards can only be set on a local level EQSs for surface water agreed; EQSs for sediment and biota to be determined Revised text adopted by the European Parliament 17 June 08; Still under discussion between Parliament and Council Expected to enter force in 2010 (at the earliest) Final piece of legislation required to support the implementation of the WFD 13

14 Daughter Directive Environmental Quality Objectives Environmental Quality Standards Annex X of the WFD - priority substances (reduction required) and priority hazardous substances (to be ceased / phases out) Annex IX of the WFD relating to the Dangerous Substances 76/464/EEC Daughter Directives Annual average concentrations (protection against long-term and chronic effects) Maximum allowable concentrations (short-term, direct and acute ecotoxic effects) 14

15 Daughter Directive Environmental Quality Objectives Inventory of emissions, discharges and losses: Required for compliance checking: Reduction of discharges, emissions and losses for priority substances Cessation or phase out of discharges, emissions and losses for priority hazardous substances (year 2025) Potential Risk: Sediment re-suspended during dredging operations is considered as Losses, and therefore required to comply with EU-wide EQSs Amendment added for losses which may be caused by dredging and/or navigation. Priority substances and pollutants released from sediments as the result of shipping, navigation or natural phenomena shall not be regarded as losses. Can potentially help prevent seaports from being financially liable for the clean-up of historic contamination Amendment stating that discharges, emissions and losses of priority substances can take place provided that the conditions for exemptions stated in Article 4 WFD are met also added. 15

16 Water Framework Directive Implementation in Ireland Draft European Communities Environmental Objectives (Surface Waters) Regulations 2008: Proposed Regulations to transpose into Irish law the measures needed to give effect to the environmental objectives of the WFD Gives legal status to the criteria and standards to be used to classify surface waters Includes EU-wide EQSs for surface waters (those agreed between the Council and Parliament on 17 th June 08) and EQSs for Irish Specific Relevant Pollutants Consultation Paper published by the Department of Environment, Heritage and Local Government for comment by 30 th Sept

17 Draft Surface Water Regulations - Comments Dredging / navigation can lead to temporary re-suspension to the water column of historic contamination Does not introduce new pollution Recognised that this may not be considered as losses by the Daughter Directive Confirmation that re-suspension will not be considered as a discharge required If this is a discharge do transitional areas of exceedance / mixing zones apply? If not considered as discharge or losses assumed that EQSs will not apply Estuarine and coastal waters are subject to natural fluctuations in suspended matter concentrations, and that caused by dredging or navigation can be a fraction compare with its natural deviation. EQSs are expressed as concentrations in the water both as Average Annual EQS (AA-EQS) and Maximum Allowable Concentration (MAC-EQS). EQSs should be on long term ecological and chemical quality of the water body i.e. the chronic effects of contamination Suspended matter and hence concentrations of certain contaminants in total water samples can vary significantly over the tidal cycle Is there scope within the first monitoring programme to provide adequate baseline data of a water body's natural processes? Marine Institute to take a leading role in practical harmonisation of the proposed EQSs (water, sediment and biota) and existing guidelines 17

18 Initiatives Underway to Highlight & Resolve Concerns PIANC-led Navigation Task Group Aim to address the implications of the WFD for ports, harbours, navigation and dredging SedNet European network aimed at incorporating sediment issues and knowledge into European strategies ESPO & EuDA position papers and proposals for amendments submitted to the European Parliament Directive.aspx 18

19 Initiatives Underway to Highlight & Resolve Concerns Water Framework Directive - Ireland UK Technical Advisory Group UK and Ireland Technical Groups including the Marine Task Team (EPA and the Marine Institute) Methods designed in partnership with Ireland: Classification tools Criteria and Guidance Principles for the designation of HMWBs DEFRA Maintenance Dredging & The Habitats Regulations

20 Preparation for WFD Implementation Important for Ports & Harbours to become involved and facilitated in the River Basin Management Plans Important to recognise the contribution of ports in driving sustainable economic Ports carry 99% by volume of the island s foreign trade 20

21 Dublin Port Company ISO

An Introduction to the EU legislation on water. Title

An Introduction to the EU legislation on water Subtitle Title Daniel Fernández Gómez Environmental Implementation Unit - E2 DG Environment, European Commission ASSOCIATION OF EUROPEAN ADMINISTRATIVE JUDGES