WATER QUALITY PROTECTION OF SURFACE WATERS IN SLOVAKIA AND MEASURES TO REDUCE IMPACT OF INCIDENTS IN WHICH WATERS COULD BE ACCIDENTALLY POLLUTED

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1 WATER QUALITY PROTECTION OF SURFACE WATERS IN SLOVAKIA AND MEASURES TO REDUCE IMPACT OF INCIDENTS IN WHICH WATERS COULD BE ACCIDENTALLY POLLUTED Pavel Hucko HUSK 0801/072 Project Developing of Institution Connections in the Spirit of the Cross-Border Waters Agreement Michalovce, 20 September

2 CONTENT OF PRESENTATION The legislative framework for the protection of surface waters Surface water quality protection Status of accidental water pollution in Slovakia Measures to reduce accidental water pollution 2

3 THE LEGISLATIVE FRAMEWORK FOR THE PROTECTION OF SURFACE WATERS Water Act No. 364/2004 and on amendments to the Act of the Slovak National Council No. 372/1990 on offences as amended in later regulations (Water Act) and Act No. 384/2009, which amends Act no. 364/2004 Act No. 261/2002 on the prevention of major industrial accidents Act No. 245/2003 on integrated pollution prevention and control of the environment Act No. 163/2001 on chemical substances and chemical preparations Act No. 359/2007 on preventing and remedying environmental damage Decree of the Ministry of Environment of the Slovak Republic No. 100/2005 laying down details on the handling of hazardous substances, the contents of the emergency plan and how to resolve the significant degradation of water 3

4 THE LEGISLATIVE FRAMEWORK FOR THE PROTECTION OF SURFACE WATERS Decree of the Ministry of Environment of the Slovak Republic No. 391/2003, implementing Act No. 245/2003 concerning integrated prevention and control environment pollution Decree of the Ministry of Environment of the Slovak Republic No. 63/2008 amending Decree of the Ministry of Environment of the Slovak Republic No. 391/2003 code for the implementation of Law No. 245/2003 the integrated pollution prevention and control pollution of the environment Decree of the Ministry of Environment of the Slovak Republic No. 489/2002, which implements certain provisions of the Act (261/2002) on prevention of major industrial accidents 4

5 SURFACE WATER QUALITY PROTECTION Water Act No. 364/2004 Protection of water conditions and water resources ( 30) Anyone who performs an activity which may affect the status of surface water and groundwater and water conditions is to make the necessary effort to preserve and Protection Protected Water Management Areas ( 31) The area to its natural conditions is an important natural water accumulation, the government may declare a protected area of the water. In the protected water area can plan and carry out work only where it is all-round protection of surface water and groundwater and protection the conditions of their formation, occurrence, natural accumulation of water and recovery plan. 5

6 SURFACE WATER QUALITY PROTECTION Water Act No. 364/2004 Protection zones of water supply resources ( 32) To protect the yield and hygienic quality of water of water sources, which are used, a state water authorities determine the buffer zones on the basis of assessment for body health. Sensitive areas ( 33) WATER RESEARCH INSTITUTE BRATISLAVA Sensitive areas are water bodies of surface waters a) which occurs or may occur as a result of increased nutrient concentration to an undesirable state of water quality b) are used as water resources or be used as water resources c) requiring the enhanced protection to a higher level of water treatment discharges. 6

7 Vulnerable areas ( 34) WATER RESEARCH INSTITUTE BRATISLAVA SURFACE WATER QUALITY PROTECTION Water Act No. 364/2004 Vulnerable areas are used for agricultural areas, which drain water from precipitation to surface waters or into groundwater, however, where the nitrate concentration higher than 50 mg.l -1, or may be exceeded in the near future. Protection of waters against pollution caused by nitrates from agricultural sources ( 35) Protection of waters against pollution caused by nitrates from agricultural sources is provided for agricultural land use in particular the measures necessary for the storage, handling and application of natural manure and fertilizers and appropriate ways of farming. Discharge of sewage waters and separate waters into surface waters ( 36) Municipal waste water generated in metropolitan areas can be levied only by public sewerage. 7

8 SURFACE WATER QUALITY PROTECTION Water Act No. 364/2004 Discharge of sewage waters and separate waters into public sewers ( 38) The discharge of industrial wastewater and specific water content harmful substances into the public sewer system is necessary authorization from the state water management. Handling of hazardous substances ( 39) For the usage of hazardous substances for the purposes of this Act is considered the manufacturing process or other activity in which these substances are produced, processed, used, transported, stored or handled in another way. 8

9 STATUS OF ACCIDENTAL WATER POLLUTION IN SLOVAKIA Emergency Water Quality Deterioration The audit by the Water Protection Inspection (WPI) on behalf of Environmental Inspectorates, which falls under the Water Act, was focused primarily on inspection and adoption of preventive measures plans to prevent hazardous substances to be released into environment, and the procedure in case of escape emergency plan. 554 inspections were done within the assessment of completeness and topicality of emergency plans. Inspection with hazardous substances was done in 214 cases. In relation to the emergency water deterioration 242 inspections have been done and 199 inspections were focused on water management, operation and effectiveness. 379 (28.2 %) cases of law violation was reported from the total number of 1,341 inspections in An overview of number of inspections carried out in the years , when a violation of the law was reported, is indicated in next table. 9

10 STATUS OF ACCIDENTAL WATER POLLUTION IN SLOVAKIA Emergency Water Quality Deterioration An overview of number of inspections carried out in the years Water Protection Inspection in Year WATER RESEARCH INSTITUTE BRATISLAVA Act 364/2004 Coll. Act 261/2002 Coll. Act 163/2001 Coll. Total Number of inspections Law violation Number of inspections Source: Report on Water Management in the Slovak Republic in 2008 Published by: Ministry of Environment of the Slovak Republic Elaborated by: Water Research Institute Bratislava Law violation Number of inspections Law violation Number of inspections Law violation , , , , , , , ,

11 STATUS OF ACCIDENTAL WATER POLLUTION IN SLOVAKIA Emergency Water Quality Deterioration In 2008 year 102 cases of emergency water quality deterioration were reported by the Slovak Environmental Inspection (SEI). Overview of reported cases emergency water quality deterioration in the years Year WATER RESEARCH INSTITUTE BRATISLAVA Number of reported cases Total Number Source: Report on Water Management in the Slovak Republic in 2008 Published by: Ministry of Environment of the Slovak Republic Elaborated by: Water Research Institute Bratislava Emergency water quality deterioration Surface Rivers and reservoirs Boundary rivers Groundwater Total number Pollution At risk

12 STATUS OF ACCIDENTAL WATER POLLUTION IN SLOVAKIA Emergency Water Quality Deterioration Summary of significant degradation of water under the causes for the years lack of maintenance and spare parts inappropriate technical solutions lack of capacity storage facility fire explosion transport transport of substances harmful to the waters Year Emergency deterioration of water (MZV) under the cause Poor state of equipment due Incident Traffic and Transportation The human factor Weather conditions MZV was established outside the territory of Slovakia Unknown Other

13 STATUS OF ACCIDENTAL WATER POLLUTION IN SLOVAKIA Emergency Water Quality Deterioration The most frequent cause of emergency water deterioration was transport, where: oil substances were used in 65 cases (63.7 %) waste waters in 15 cases (14.7 %) and agricultural fertilisers in 7 cases (6.8 %) a pollutant was not identified in 6 cases (5.8 %) Based on emergency water quality deterioration the Communication Unit of the Basic International Warning Centre Slovakia (PIAC 04) within the System of Early Warning in the Danube River was not activated. In 2008, it held two times the functional testing of communication units PIAC receive, validate and send all types of messages used in the Rapid Alert System in the Danube Basin, which launched the Secretariat of the International Commission for the Protection of the Danube in Vienna. The operation of the Communication Unit of the Basic International Warning Centre (PIAC 04) Slovakia was activated 5 times within the System of Early Warning in the Danube River Basin. 13

14 MEASURES TO REDUCE ACCIDENTAL WATER POLLUTION Water Act No. 364/2004 Program for reducing water pollution by harmful substances and especially Harmful substances ( 40) Anyone who is discharging sewage containing harmful substances and especially harmful substances and specific water containing harmful substances, harmful substances and who handles hazardous substances is to progressively reduce the pollution discharged into surface waters and groundwater by water pollution reduction program harmful substances and especially harmful substances and especially approved by the Government. Program for reducing water pollution by harmful substances and especially harmful substances, particularly developing Ministry and submit to the government for approval. Program for reducing water pollution by harmful substances and especially harmful substances is updated every six years. 14

15 MEASURES TO REDUCE ACCIDENTAL WATER POLLUTION The program includes WATER RESEARCH INSTITUTE BRATISLAVA Water Act No. 364/2004 a) The list of sources of water pollution, from which the waste water discharge and the specific water containing harmful substances and especially pollutants and which are treated with particularly harmful substances, and inventory of these substances b) quality objectives and deadlines to achieve them c) determining the type and method of monitoring quality objectives in surface waters and area pollution groundwater pollution by hazardous substances d) methods and procedures for reduction of harmful substances contained in discharges and prevent gradual discharge harmful substances in the effluent from existing industrial sources e) assessing the results of monitoring surface water quality objectives and broad-based groundwater pollution by hazardous substances f) measures aimed at reducing harmful substances and especially harmful pollutants contained in discharges and to protect surface water and groundwater in the handling of dangerous substances 15

16 MEASURES TO REDUCE ACCIDENTAL WATER POLLUTION Water Act No. 364/2004 Emergency water quality deterioration and extraordinary threat to water quality ( 41) Emergency water quality deterioration and extraordinary threat to water quality ( the extra aggravation of water") is sudden, unexpected and serious deterioration or serious threat to water quality due to discharges without a permit or in contravention of it, or due to uncontrollable leakage of hazardous substances are found in staining or Odour of water, fat coating, creating foam, the occurrence of dead fish on the water or the presence of hazardous substances in the environment associated with surface water or groundwater. A producer of significant degradation of water is considered the person who operated the device at a time when extra water was worsening and it demonstrated a causal connection with its operation. 16

17 MEASURES TO REDUCE ACCIDENTAL WATER POLLUTION Water Act No. 364/2004 Emergency water quality deterioration and extraordinary threat to water quality ( 41) Inventor significant degradation of water is required to take immediate measures to eradicate significant degradation of water, as well as measures to eliminate its harmful effects. The immediate measures of significant degradation of water are a) immediate notification of significant degradation of waters of the inspection and the administrator of the watercourse or the district office environment b) as possible eliminate the causes significant degradation of water c) implement urgent measures to prevent further pollution and the spread of pollution and measures to prevent harmful effects or mitigate the adverse effects were minimal. 17

18 MEASURES TO REDUCE ACCIDENTAL WATER POLLUTION Water Act No. 364/2004 Measures to eliminate the harmful consequences of significant degradation of water are a) disposal of spillage of hazardous substances b) to monitor groundwater quality at risk if the risk of penetration of hazardous substances into the ground, c) an indication of the affected site, where possible, the original state. Measures for remediation ( 42) Anyone who causes damage to surface water or groundwater or the environment related to ( the agent of harm ) is to make corrective action or pay the associated costs. 18

19 MEASURES TO REDUCE ACCIDENTAL WATER POLLUTION Act No. 261/2002 on the prevention of major industrial accidents The subject of regulation under this Act is to establish the conditions and procedure for preventing major industrial accidents in enterprises involving hazardous substances and selected in readiness to address them and limiting their consequences for human life and health, the environment and property in case of their occurrence. ( 1) The operator shall take all measures necessary to prevent major industrial accidents in the case of such an accident or imminent threat of measures needed to overcome a limitation of their consequences for human life and health, environment and property. ( 3) 19

20 MEASURES TO REDUCE ACCIDENTAL WATER POLLUTION Act No. 261/2002 on the prevention of major industrial accidents The operator must ensure a risk assessment. ( 6) Risk assessment includes, in particular a) identification of hazards (hazards) and events that can cause a serious industrial accident, b) quantify the probability or frequency of potentially serious industrial accidents; c) assessment of the extent and severity of possible consequences of major industrial accidents, d) defining the risk to life and health, environment and property e) assess the acceptability of risk. The operator must establish a program to prevent major industrial accidents (hereinafter "program") and ensure its implementation. ( 7) 20

21 MEASURES TO REDUCE ACCIDENTAL WATER POLLUTION Act No. 261/2002 on the prevention of major industrial accidents The operator must have or provide the means, instruments and apparatus (the equipment) necessary for the early detection of emergency situations to alert and warning notification and the convening of the relevant bodies to combat the major accidents and limiting their consequences. ( 20) The Ministry keeps a register of major Accidents (hereinafter "the Register"). The register contains brief details of major accidents. ( 25) 21

22 MEASURES TO REDUCE ACCIDENTAL WATER POLLUTION Act No. 163/2001 on chemical substances and chemical preparations Hazardous chemicals and hazardous chemical products for life and human health and the environment are i) corrosive substances and preparations j) irritant substances and preparations k) sensitizing substances and preparations l) carcinogenic substances and preparations m) mutagenic substances and preparations n) substances and preparations which are toxic to reproduction o) substances and preparations dangerous for the environment 22

23 MEASURES TO REDUCE ACCIDENTAL WATER POLLUTION Act No. 245/2003 on integrated pollution prevention and control of the environment This Act regulates ( 1) a) the integrated prevention and control of environment pollution ( the pollution ) b) the rights and responsibilities operators of operations of the industrial activities ( the operator ) and WATER RESEARCH INSTITUTE BRATISLAVA c) the role of public authorities in integrated pollution prevention and control d) the information system of integrated pollution prevention and control e) the conditions of professional competence to provide expert advice on integrated pollution prevention and control. 23

24 MEASURES TO REDUCE ACCIDENTAL WATER POLLUTION Act No. 245/2003 on integrated pollution prevention and control of the environment Integrated pollution prevention and control is a set of measures to prevent pollution, to reduce emissions to air, water and soil, to reduce waste production and the recovery and disposal in order to achieve a high overall level of environmental protection. ( 2) An information system for integrated pollution prevention and control ("system") to ensure comprehensive data collection and information on integrated pollution prevention and control. The information system is part of a national information system. ( 6) 24

25 Thank you for your attention 25