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Module 1:Module 1:Building a Legal Foundation Building a Legal Foundation for Good Water Governance for Good Water Governance

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DiscussionDiscussion

What water protection and What water protection and management issues management issues

are you facing?are you facing?

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Good Governance is Essential for Good Governance is Essential for Sustainable DevelopmentSustainable Development

At the domestic level, sound environmental, social, At the domestic level, sound environmental, social, and economic policies, democratic institutions and economic policies, democratic institutions

responsive to the needs of the people, the rule of responsive to the needs of the people, the rule of law, anti-corruption measures, gender equality, and law, anti-corruption measures, gender equality, and

an enabling environment for investment are the an enabling environment for investment are the basis for sustainable development.basis for sustainable development.

Johannesburg Plan of Implementation, Para. 4Johannesburg Plan of Implementation, Para. 4

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Good Water Governance is Essential Good Water Governance is Essential for Sustainable Water Resources for Sustainable Water Resources Development and ManagementDevelopment and Management

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Implementing Environmental Policy Implementing Environmental Policy through Legal Requirementsthrough Legal Requirements

Mont-Orford National Park, Quebec. Source: Bodin, Marie-Aude/UNESCO.

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Drivers for Environmental GoalsDrivers for Environmental Goals

Public HealthPublic Health Environmental QualityEnvironmental Quality Conservation of Natural ResourcesConservation of Natural Resources Economics Economics Sustainable Development Goals, including Sustainable Development Goals, including

Poverty Reduction and Gender EquityPoverty Reduction and Gender Equity

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Mandates for Environmental ProtectionMandates for Environmental Protection

Constitution Constitution Legislation and Sub-legislationLegislation and Sub-legislation Judicial DecisionsJudicial Decisions TreatiesTreaties Public DemandPublic Demand Enforceable SettlementsEnforceable Settlements

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Sources of Environmental Sources of Environmental RequirementsRequirements

Laws & Statutes

Legislative

Rules, Regs, & Binding Instruments

Executive

Judicial Decisions

Judicial

Constitution

International Treaties International Treaties and Non-binding and Non-binding

DeclarationsDeclarationsPermits and Permits and Licenses Licenses

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Cascading the RequirementsCascading the Requirements

National StandardsNational Standards

Provincial or Local Provincial or Local StandardsStandards

Facility-specific Application Facility-specific Application via Permits/Licenses via Permits/Licenses

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Responses to Water Management Responses to Water Management Issues: Behavioral Change Issues: Behavioral Change

Drivers of behaviorDrivers of behavior Economic incentives Economic incentives Social normsSocial norms

Strategies to bring about behavioral changeStrategies to bring about behavioral change Public education and awareness raisingPublic education and awareness raising Compliance assistanceCompliance assistance Enforcement / DeterrenceEnforcement / Deterrence

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Methods for Achieving Methods for Achieving Environmental GoalsEnvironmental Goals

Aerial view of the Brazilian Amazon. Source: UNESCO; Luis Alberto.

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Communication StrategiesCommunication Strategies

Environmental Impact AssessmentEnvironmental Impact Assessment Introduces possible alternatives for considerationIntroduces possible alternatives for consideration Raises awareness among public and responsible officialsRaises awareness among public and responsible officials Works best with meaningful public participationWorks best with meaningful public participation

Community Right-to-Know Community Right-to-Know Empowers communities by providing knowledgeEmpowers communities by providing knowledge Provides information to public watchdogsProvides information to public watchdogs Enables better targeting of enforcement actionsEnables better targeting of enforcement actions

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Incentive StrategiesIncentive Strategies

Measures aimed at motivating action toward environmental Measures aimed at motivating action toward environmental goals by harnessing economic, social, and other drivers of goals by harnessing economic, social, and other drivers of behavior.behavior.

Tax IncentivesTax Incentives Subsidies or other Financial SupportSubsidies or other Financial Support Recognition/Awards for Meeting Higher StandardsRecognition/Awards for Meeting Higher Standards

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Market-Based ApproachesMarket-Based Approaches Effluent Trading – market-based mechanism for water pollution controlEffluent Trading – market-based mechanism for water pollution control

Firms with lower control costs reduce effluent more and are able to sell Firms with lower control costs reduce effluent more and are able to sell effluent credits to firms with higher control costs within the same river basineffluent credits to firms with higher control costs within the same river basin

E.g.E.g.: Australia Salinity Trading Program: Australia Salinity Trading Program

Benefits of using a market-based approachBenefits of using a market-based approach Brings economic forces to bear on environmental protection effortsBrings economic forces to bear on environmental protection efforts Provides greater flexibility to industry to achieve environmental goalsProvides greater flexibility to industry to achieve environmental goals Generates continual incentive to reduce pollutionGenerates continual incentive to reduce pollution Potentially requires fewer regulatory resources Potentially requires fewer regulatory resources

Enforcement is required to provide confidence in the marketEnforcement is required to provide confidence in the market

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DiscussionDiscussion

Types of StandardsTypes of Standards

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Defining Defining WhatWhat, , WhereWhere, & , & WhenWhen::Environmental StandardsEnvironmental Standards

Ambient StandardsAmbient Standards Set goals for the quality of a water body (or bodies)Set goals for the quality of a water body (or bodies) Arsenic concentrations in any protected water body shall not exceed 50 Arsenic concentrations in any protected water body shall not exceed 50

ppbppb

Performance StandardsPerformance Standards Limit the rate or amount of discharges that a facility can release into the Limit the rate or amount of discharges that a facility can release into the

environmentenvironment No facility shall discharge effluent containing arsenic in concentrations greater No facility shall discharge effluent containing arsenic in concentrations greater

than 50 ppbthan 50 ppb

Technology StandardsTechnology Standards Require the regulated community to use a particular type of technology Require the regulated community to use a particular type of technology Farms with more than 100 livestock must have runoff holding pondsFarms with more than 100 livestock must have runoff holding ponds

Practice StandardsPractice Standards Require or prohibit certain activitiesRequire or prohibit certain activities Aerial spraying shall be conducted at a distance not less than 300 meters from Aerial spraying shall be conducted at a distance not less than 300 meters from

any protected water sourceany protected water source

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Discussion: Discussion: Is This An Enforceable Requirement?Is This An Enforceable Requirement?

““No facility shall discharge too much No facility shall discharge too much pollution into the rivers.”pollution into the rivers.”

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Elements of Enforceable Elements of Enforceable RequirementsRequirements

Who:Who: Who does the requirement cover? (e.g. owners or operators of a Who does the requirement cover? (e.g. owners or operators of a

facility)facility) What:What:

What can’t they do? What must they do? (e.g. shall not What can’t they do? What must they do? (e.g. shall not discharge more than a certain amount of a pollutant)discharge more than a certain amount of a pollutant)

Where:Where: Specific locations where regulations apply (e.g. to protected Specific locations where regulations apply (e.g. to protected

waters)waters) When:When:

Give any temporal restrictions or exceptions (e.g. except at start-Give any temporal restrictions or exceptions (e.g. except at start-up or shut-down)up or shut-down)

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Sample RequirementSample Requirement

The owner or operator of a The owner or operator of a registered sewage treatment plant registered sewage treatment plant

shall not discharge more than 90 mg/l of shall not discharge more than 90 mg/l of suspended solids suspended solids

to a protected waterto a protected water from its permitted discharge pipe from its permitted discharge pipe

except during cleaning of the surge tank.except during cleaning of the surge tank.

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Other Things to Consider:Other Things to Consider:Developing Enforceable LanguageDeveloping Enforceable Language

To ensure that the requirement has taken all To ensure that the requirement has taken all appropriate factors into account:appropriate factors into account:

Engage the regulated communityEngage the regulated community Ensure public participation through comment Ensure public participation through comment periodsperiods Compare with similar requirements in other Compare with similar requirements in other contexts or countriescontexts or countries

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Other Things to Consider:Other Things to Consider:Beyond Enforceable LanguageBeyond Enforceable Language

Well-written standards are enforceable, but that Well-written standards are enforceable, but that does not necessarily mean they will be enforceddoes not necessarily mean they will be enforced

Factors:Factors: CostCost Technical & human resourcesTechnical & human resources Feasibility for the regulated communityFeasibility for the regulated community Political will Political will Lack of public attention to issueLack of public attention to issue

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Other Things to Consider: Other Things to Consider: Environmental Impact AssessmentEnvironmental Impact Assessment

EIAs can be used as an information toolEIAs can be used as an information tool

EIAs may provide guidance when setting site-EIAs may provide guidance when setting site-specific standardsspecific standards

EIAs may be used as or become an enforceable EIAs may be used as or become an enforceable requirementrequirement

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Other Things to Consider:Other Things to Consider:Cross-Issue ConnectionsCross-Issue Connections

Consider the impact of water regulation on all Consider the impact of water regulation on all sectorssectors e.g., a water distribution plan affects forestry, mining, e.g., a water distribution plan affects forestry, mining,

agriculture, and other land usesagriculture, and other land uses

Consider regulating other issues that may Consider regulating other issues that may indirectly affect water qualityindirectly affect water quality e.g., Large-scale construction projects may dramatically e.g., Large-scale construction projects may dramatically

increase sedimentation, leading to decreases in water increase sedimentation, leading to decreases in water qualityquality

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ExerciseExercise

Writing the RequirementWriting the Requirement

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Coming Up NextComing Up Next

Module 1:Module 1: Building a Legal Foundation for Good Water Building a Legal Foundation for Good Water GovernanceGovernance

Module 2:Module 2: Promoting Compliance with Environmental Promoting Compliance with Environmental LawsLaws

Module 3:Module 3: Responding to Violations of Environmental Responding to Violations of Environmental LawsLaws

Module 4:Module 4: Designing Performance Indicators for Designing Performance Indicators for Environmental Compliance and Enforcement ProgramsEnvironmental Compliance and Enforcement Programs