I Environmental Protection Agency An Ghniornhoireocht urn Choornhnci Cornhshooil
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Headquarters P.O. Box 3000
a Johnstown Castle Estate County Wexford
Ireland
Waste Water Discharge Certificate of Authorisation
Recommended Decision
Certificate of Authorisation Number: Certificate of Authorisation Holder:
CRONumber '
Agglomeration:
County:
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A0079-01
Irish Water ' I
530363 Kilfenora
Clare
Environmental Protection Agency Certificate Reg. No. ((Reg NOM
Glossary of Terms
All terms in this Certificate of Authorisation should be interpreted in accordance with the definitions in the Waste Water Discharge (Authorisation) Regulations 2007, as amended, unless otherwise defined in this section.
Agglomeration
Agreement
Application
Biannually
cBOD
Certificate of Authorisation Holder
Discharge Point
Documentation
Environmental Damage
Environmental Pollution
An area where the population or economic activities or both are sufficiently concentrated for a waste water works to have been put in place.
Agreement in writing.
The application for this Certificate.of Authorisation. t
At approximately six - monthly intervals.
5 day Carbonaceous Biochemical Oxygen Demand (with nitrification suppression).
Irish Water, Colvill House, 24/26 *Talbot Street, Dublin 1, Company Register Number 530363, as by virtue of Section 17(4) of the Water Services (No. 2) Act 2013, the application for this Certificate of Authorisation is deemed to have been made by Irish Water and this Certificate of Authorisation is granted to Irish Water.
The point from which a waste water discharge occurs.
Any report, record, result, data, drawing, proposal, interpretation or other document, in written or electronic form, that is. required by this Certificate of Authorisation.
As defined in Directive 2004/35/EC. 7 . ,
Means, in relation to waste water .discharges, the direct or indirect introduction, as a result of human activity, of waste water discharges, substances (including any explosive, liquid or gas) or polluting matter (including any poisonous or noxious matter) into waters which may endanger human health. or harm the aquatic environment, and in particular -
create a risk to waters, sediment, plants or animals, deleteriously interfere with the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems including by - (i) rendering those or any other waters poisonous or
injurious to fish, shellfish, spawning grounds or the food of any fish, or impairing the usefulness of the bed and soil of any waters as spawning grounds or impairing their capacity to produce the food of fish or shellfish,
impair or interfere with amenities and other legitimate uses of the water, or result in the water failing to meet any environmental quality
(ii)
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Environmental Protection Agency r !Certificate Reg. No. ((Reg No))
standards prescribed in regulations for the purpose of giving effect to the requirements of any Directive relating to the quality or use of water for the time being in force.
EPA
Incident
Licensing Regulations
Local Authority
Maintain
National Environmental Complaints Procedure
Population Equivalent
Primary Discharge
Secondary Discharge
Storm Water Overflow
The Agency
Waste Water
Waste Water Works
Environmental Protection Agency.
The following shall constitute an Certificate of Authorisation:
any event or occurrence with contamination of surface water
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incident for the purposes of this
the potential for environmental or groundwater, or requiring an
emergency response by the Certificate of Authorisation holder and/or the relevant Water Services Authority.
Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007), as amended.
Clare County Council.
Keep equipment, plant and infrastructure in a fit state, including such regular inspection, servicing, calibration and repair as may be necessary to perform its function.
As established under the National Environmental Enforcement Network.
A measurement of organic biodegradable load and a population equivalent of 1 (1 p.e.) means the organic biodegradable load having a five-day biochemical oxygen demand (BOD5) of 60g of oxygen per day; the load being calculated on the basis of the maximum average weekly load entering the waste water works during the year, excluding unusual situations such as those due to heavy rain.
The discharge with the largest volume being discharged from the waste water works.
A potential, occasional or continuous discharge from ' the waste water works other than a primary discharge or a storm water overflow.
A structure or device on a sewerage system designed and constructed for the purpose of relieving the system of excess flows that arise as a result of rain water or melting snow in the sewered catchment, the excess flow being discharged to receiving waters.
Environmental Protection Agency.
Domestic waste water or the mixture of domestic waste water with industrial waste water.
Sewers and their accessories (or any part thereof) and all associated structural devices, including waste water treatment plants, which are owned by, vested in, controlled or used by the Certificate of Authorisation holder for the collection, storage, treatment or discharge of
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Environmental Protection Agency Certificate Reg. No, ((Reg NON
waste water.
Water Services Ciare County Council. Authority
WWTP Waste water treatment plant.
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Environmental Protection Agency Certificate Reg. No. ((Reg NOM
DECISION & REASONS FOR THE DECISION I , . I
The Environmental Protection Agency',is satisfied, on the basis of the information available, that subject to compliance with the conditions of this certificate, any discharges from the agglomeration served by the waste water works will comply with and will not,contravene any of the requirements of Regulation 6 of the Waste Water Discharge (Authorisation) Regulations 2007, as amended.
In reaching this decision the Environmental Protection Agency has had regard to the requirements and objectives of Regulation 6 of the Regulations and has considered the application and supporting documentation received from the applicant, a submission received from another party and the report
A screening for Appropriate Assessment was undertaken to assess, in view of best scientific knowledge and the conservation objectives of the site, if the activity, individually or in combination with other plans or projects is likely to haye a significant effect on a , - European Site(s). In this context, particular attention was paid to,theL&uropean sites at East Burren Complex-SAC, Site Code: 00 1926, Corofin Wetlands SPA, Site Code: 004220 and Inagh River Estuary SAC, Site Code: - 000036.
The Agency considered,,for the reasons set-out below,that the activityis not directly connected with or necessary to the management of those sites as European Sites and that it cannot be excluded, on the basis of objectivescientific information following screening under this Regulation, that the activity, individually or in combination with other plans or projects, will have a significant effect on a European site and accordingly determined that an Appropriate Assessment of the activity is required. It has been determined that the activity has the potential for significant effects on a European Site due to a potential pathway for pollutants to the European Sites and a potential for cumulative impacts on the European Sites.
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An Appropriate Assessment has been completed and has determined based on best scientific knowledge in the field and in accordance with the European Communities (Birds and Natural Habitats) Regulations 201 1 and 2013, pursuant to Article 6(3) of the Habitats Directive, that the activity, individually or in combination with other plans or projects, will not adversely affect the integrity of a European Site(s), in particular the East Burren Complex SAC, Site Code :001926, Corofin Wetlands SPA, Site Code: 004220 and Inagh River Estuary SAC, Site Code: 000036, having regard to their conservation objectives and will not affect the preservation of these sites at favourable conservation status if carried out in accordance with this Certificate ofAuthorisation and the conditions attached hereto for the following reasons: the Certificate of Authorisation requires the direct discharge to groundwater to cease by 3 1st December 2016, a technical assessment is required for the proposed indirect discharge to groundwater and the Certificate holder is required to operate the waste water works in accordance with best practice to ensure that discharges from the works do not cause environmental pollution or a deterioration in the receiving - - water status.
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Environmental Protection Agency ' Certificate Reg, No. ((Reg NON
PART I SCHEDULE OF DISCHARGES AUTHORISED
In pursuance of the powers conferred on it by the Waste Water Discharge (Authorisation) Regulations 2007, as amended, the Environmental Protection Agency (the Agency), under Regulation 30 of the said Regulations, grants this Waste Water Discharge Certificate of Authorisation to Irish Water, Colvill House, 24-26 Talbot Street, Dublin 1, Company Register Number 530363, as by virtue of Section 17(4) of the Water Services (No. 2) Act 2013, the application for this Certificate of Authorisation is deemed to have been made by Irish Water and this Certificate of Authorisation is granted to Irish Water. The Certificate of Authorisation authorises the discharge of; waste water from the waste water works servicing the Kilfenora agglomeration described below, subject to conditions listed in Part 11.
, Authorised Discharges, in accordance with Regulation 5(2) of the Waste Water Discharge (A uth orisation) Regulations 200 7: as amended
Discharges from agglomerations with a population equivalent less than 500
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Environmental Protection Agency Certificate Reg. No. ((Reg NON
PART I1 CONDITIONS ATTACHED. TO THIS CERTIFICATE
Condition 1. Scope
1 . 1
I .2
1.3
1.4
1.5
Statutory Obligations
This Certificate of Authorisation is for the purposes of Waste Water Discharge authorisation under the Waste Water Discharge (Authorisation) Regulations 2007, as amended, only and nothing in this Certificate of Authorisation shall be construed as negating the Certificate of Authorisation holder’s statutory obligations or requirements under any other enactments or regulations.
The agglomeration is the area outlined in red on Attachment BI ‘Map showing Kilfenora Agglomeration, location of WWTP and discharge points’ of the application. Any reference in this Certificate of Authorisation to agglomeration shall mean the area thus outlined in red.
For the purposes of this Certificate of Authorisation, the location(s) of the waste water discharge(s) authorised by this Certificate of Authorisation are as presented on Attachment B1 ‘Map showing Kilfenora Agglomeration, location of WWTPiand discharge points’ of the application. The primary discharge point is located at 117481E 193562N and discharges to the Milltown Malbay-2 Groundwater Body. The storm water overflow is located at 1 1801 SE 194027N and discharges to the Milltown Malbay-2 Groundwater Body.
The Certificate of Authorisation holder shall make an application for a licence under Regulation I5 of the Waste Water Discharge (Authorisation) Regulations 2007, as amended, where there is an increase in the population equivalent to 500 or greater.
Treatment Capacities
The Certificate of Authorisation holder. shall maintain such ,available capacity within the waste water works as is necessary to ensure that there is no environmental risk posed to the receiving water environment as a result of the discharge(s). The Certificate of Authorisation holder shall upgrade the waste water works where the Certificate of Authorisation holder determines that there is inadequate treatment capacity available.
Condition 2. Notifications, Records and Reports
2.1 The Certificate of Authorisation holder shall notify the Agency by webform or by any other means as may be specified by the Agency as soon as practicable after the occurrence of any incident. The Certificate of Authorisation‘holder shall include as part, of the notification, the date and time of the incident, summary details of the occurrence and where available, the steps taken to minimise any discharges. The incident notification shall be provided in a format as may be specified and in accordance with any relevant guidance issued by the Agency.
2.2
2.3
In the case of any incident relating to a discharge to water, the Certificate of Authorisation holder shall noti@ Inland Fisheries Ireland and the relevant downstream Water Services Authority as soon as practicable aker such an incident.
The Certificate of Authorisation holder shall as a minimum keep the following documents at the headquarters of the Certificate of Authorisation holder or such office as may be agreed by the Agency:
2.3.1 The Certificate of Authorisation application and all associated documentation;
-2.3.2 The Certificate of Authorisation relating to the discharge(s) to waters from the waste water works;
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Environmental Protection Agency Certificate Reg, No. ((Reg No))
2.3.3 Records of all sampling, analyses, measurements; examinations, calibrations and maintenance carried out in accordance with the requirements of this Certificate of Authorisation and guidance produced by the Agency;
Records of incidents, including the nature, extent, and impact of, and circumstances giving rise to, the incident, and all corrective actions taken to manage the incident, to minimise the effect on the environment, and to avoid recurrence;
2.3.5 ,Records of all complaints of an environmental nature related to the discharge(s) to waters from the waste water works in accordance with the national environmental complaints procedure. A record shall also be kept of, the response and- remediation action taken in the case of each complaint;
2.3.4
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2.3.6
2.3.7
Relevant correspondence with the Agency;
Up to date drawings/plans showing the location of key process and environmental infrastructure, including monitoring locations and discharge points;
Up to date operational procedures for all monitoring and control equipment necessary to give effect to this Certificate of Authorisation.
2.3.8
This documentation shall be available to the Agency for inspection at all reasonable times.
All reports shall be certified accurate and representative by an employee of Irish Water or a nominated, suitably qualified and experienced deputy.
2.4
2.5 Where a discharge from the waste water works has ceased permanently, the Certificate of Authorisation holder shall notify the Agency, within 3 months of cessation.
2.6 Environmental Liabilities > I
The Certificate of Authorisation holder shall prepare on an annual basis, a statement as to the measures taken or adopted in relation to the prevention of damage to the environment, and the financial provisions in place in relation to the underwriting of costs for remedial actions following anticipated events (including closure) or accidentdincidents, as may be associated with discharges or overflows from the waste water works. The statement of measures shall be prepared in accordance with any relevant guidance issued by the Agency. The report on the statement of measures shall be available for inspection on request by authorised persons in the Agency.
2.7 The Certificate of Authorisation holder shall pay to the Agency a contribution or such sum, as the Agency from time to time determines having regard to variations in the extent of reporting, auditing, inspections, sampling and analysis or other functions carried out by the Agency, towards the cost of monitoring the discharges as the Agency considers necessary for the performance of its functions under the Waste Water Discharge (Authorisation) Regulations 2007, as amended.
Condition 3. Discharges
3.1
3.2
3.3
No discharge from the waste water works is permitted save un'der and in accordance with this Certificate of Authorisation.
The discharge(s) to waters from the waste water works shall comply with the conditions set out in this Certificate of Authorisation.
The Certificate of Authorisation holder shall operate the waste water works in accordance with best practice to ensure that discharges from the works do not cause environmental pollution or a deterioration in the status of the receiving surface water body or groundwater body on either a temporal basis or a spatial basis.
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3.4
3.5
3.6
3.7
3.8
3.9 1
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3.10
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Environmental Protection Agency Certificate Rep. No. ((Reg No))
The Certificate of Authorisation holder shall, within twelve months of the date of grant of this Certificate of Authorisation, identify appropriate improvements to the sewerage system, including the waste water treatment plant, which are necessary to ensure all discharge(s) from the agglomeration contribute towards achieving at least good status in accordance with the European Communities Environmental -Objectives (Surface Waters) Regulations 2009, as amended and/or the European Communities Environmental Objectives (Groundwater) Regulations 201 0, as amended.
The Certificate of Authorisation holder shall, within twelve months of the date of grant of this Certificate of Authorisation, identify the possible presence of organic compounds and/or metals from the primary discharge point (and any secondary discharge point within the agglomeration) and prepare a risk assessment. In identifying organic compounds and/or metals to be monitored, the risk assessment shall have regard to: (i) the results of analysis of any previous effluent screening undertaken, (ii) the results of analysis of any screening undertaken in the receiving waters, (iii) the results of any analysis and licence limitations to authorised discharge(s) to the
waste water works.
The identification of the presence of organic compounds shall be repeated at intervals requested by the Agency and in accordance with any specific guidelines issued by the Agency. Report(s) on the identification shall be available for inspection on request by authorised persons of the Agency.
The Certificate of Authorisation holder shall prepare an inventory of all secondary discharge points, storm water overflows and emergency overflows and assess all secondary discharge points, storm water overflows and emergency overflows within the agglomeration, to identify and determine the integrity, effectiveness of operation and improvements necessary to ensure compliance with the requirements of this Certificate of Authorisation. The assessment shall clearly identify and describe the improvement works necessary and shall include a timeframe for implementation and completion. The assessment shall be undertaken and prepared in accordance with any relevant guidance issued by the Agency. Report(s) on the assessment of the waste water works undertaken shall be available for inspection on request by authorised persons of the Agency.
Having regard to the assessment carried out under Condition 3.6 the Certificate of Authorisation holder shall carry out the necessary improvement works in the timeframe(s) specified in the assessment report(s).
The Certificate of Authorisation holder shall, as a minimum, biannually sample and analyse the discharge from the primary discharge point for cBOD, Suspended Solids and COD. Results shall be available for inspection on request by authorised persons of the Agency.
The Certificate of Authorisation holder shall ensure that waste water discharges from the agglomeration covered by this Certificate of Authorisation do not result in environmental pollution as defined in Article 3 of the Waste Water Discharge (Authorisation) Regulations 2007, as amended.
The Certificate of Authorisation holder shall ensure that gross solids or litter associated with the discharges from the waste water works do not result in an impairment of, or an interference with, amenities or the environment.
Storm Water Overflows shall comply with the definition of a storm water overflow as set out in the DoEHLG “Procedures and Criteria in relation to Storm Water Overflows’’, 1995 and any other guidance as may be specified by the Agency.
The location, frequency, methods and scope of monitoring, sampling and analyses, as set out in this Certificate of Authorisation, may be amended with the agreement of the Agency following evaluation of test results.
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Environmental Protection Agency Certificate Reg. No. ((Reg NON
3.13 Groundwater Assessment
- _ _ - _ _ - . . .- _ _ _ - . ~ -_-. ,> .. - 1 . 3.13.1 The existingdischarges from the agglomeration, directly to groundwater, 'shall cease
by 31" December 2016. Prior to commencement of an alternative discharge, the certificate of Authorisation holder shall apply for a reyiew -of this Certificate ~- of Authorisation.
- - _ - - ~ . - - -_ __-._-_- _ . _ _ - _ . - --__-- . - ~ _.-_-.__ 3.13.2 Within six months of the date of grant of this certificate, the Certificate of
Authorisation holder shall carry out a technical assessment of the proposed primary discharge (discharge to percolation area), in accordance with the Guidance on the Authorisation of Discharges to Groundwater, published by the Environmental Protection Agency, to demonstrate compliance with the European Communities Environmental Objectives (Groundwater) Regulations 20 10, as amended, and the European Communities Environmental Objectives (Surface Waters] Regulations 2009, as amended.
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3.13.3 The technical assessmen? shall include:
3.13.3. i"percolat6n testing and a topographical survey of the proposed raised bed percolation area, and
- . , - -- -_- - isk - _ I assessment , - ofthe waste watertreatment works site, and
3.13.313 a risk assessment for the protection of drinking water abstraction point(s), including groundwater abstractions within close proximity of the dischargeheceiving water. The risk assessment shall address as a minimum; the identification and minimisation of risks to the quality of water abstracted at the drinking water abstraction point(s) from the dis_charge(s) from the waste water works.
3.13.4 A report on the outcome of the assessmentand where relevant the recommendations of the technical assessment in relation to level of treatment required and the setting of groundwater compliance points and values, shall be reported to the Agency within twelve months of the date of grant o f certificate.
Sealed by the seal of the Agency on this the ** day of ** 2015.
PRESENT when the seal of the Agency was affixed hereto:
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xxxx Authorised Person
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This document has been cleared for submission to the Board by the
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To: Directors
From: Loretta Joyce Environmental Licensing Programme .
Date: 04/03/20 15 '
Re: Application for a Waste Water Discharge Certificate of Authorisation from Irish Water for the Kilfenora agglomeration, County Clare, Reg. NO. A0079-01. I
. . - 07/04/20 10, 28/ 10/ 10, 06/09/ 1 1, 27/03/12, 06/03/14, 25/07/14
10/05/ 10, 08/06/ 10, 09/05/ 1 1, 14/11/11, 11/06/12, 30/06/14,
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This application relates to the Kilfenora agglomeration in County Clare. The application was originally made by Clare County Council and subsequently transferred to Irish Water on lSt January 2014 under the Water Services (No. 2) Act 2013.
The Kilfenora agglomeration had a population equivalent (p.e.) of 414 p.e. and is projected to increase to 431 p.e. by 2020. The agglomeration is serviced by one waste water treatment plant (WWTP). The WWTP provides secondary treatment, consisting of an inlet chamber with grit trap, aeration tank and settlement tank. The applicant has identified that the existing WWTP is overloaded both in terms of organic and hydraulic loads, the estimated design capacity is 350 p.e.
There are two discharges from the WWTP, a primary discharge (117481E 193562N) and storm water overflow (118018E 194027N) discharging to two separate swallow holes. The primary discharge is directly to a swallow hole, located approximately 600
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metres to the west of Kilfenora at Ballybreen. The storm water overflow discharges to a swallow hole located adjacent to the WWTP.
The discharges are thereforeiconsidered to be direct discharges to groundwater. Direct discharges to groundwater are prohibited under Regulation 8 of the European Communities Environmental Objectives (Groundwater) Regulations (S.I. 9 of 2010), as amended, and under Article 11.3U) of the European Commission Water Framework Directive (2000/60/EC). However, certain types of direct discharges may be permissible subject to a requirement of prior authorisation as outlined in the Regulations. Regulation 8 does not make specific reference to direct discharges of wastewater effluents. Under Regulation 14 of S.I. 9 of 2009, as amended, certain direct and indirect discharges to groundwater may be granted exemptions from measures to prevent or limit the input of pollutants into groundwater, under conditions (technical rules) established by the EPA. The EPA published ‘Guidance on the Authorisation of Direct Discharges to Groundwater’ in 2014, however the applicant has not sought to seek authorisation to continue the existing direct discharge to g rou n dwa tern
The WWrP is located in the upper reaches of the River Fergus catchment in a karst region where there is a close interaction between surface water and groundwater. The receiving water body, Milltown Malbay 2 groundwater body was assigned ‘Good’ status under the Water Framework Direction 2007-2009.
A design review report dated October 2014 carried out by Ryan Hanley Consulting Engineers proposes an indirect discharge to groundwater at Ballybreen adjacent to the existing primary discharge location. The report recommends using a secondary treatment process with phosphorus removal followed by tertiary sand filtration and UV- disinfection prior to discharge to a percolation system. It is proposed that the percolation area will be 1.5m high raised beds with a total plan area of 200m’. Final effluent standards of lOmg/l BOD, 35mg/1 Suspended Solids, 8mg/l Orthophosphate as P, 15mg/l Total Nitrogen, 5x10’ per lOOml EColiand 1x10’ per 100ml Enterococci are proposed. The report also recommends carrying out works on the sewer network to reduce storm water contribution and infiltration as well as providing appropriately sized storm water handling facilities a t the WWTP. Kilfenora is listed on the Irish Water Capital Investment Programme 2014-2016.
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Based on the certificate of authorisation application submitted there is currently inadequate treatment in place for the current discharge/agglomeration. The Recommended Certificate of Authorisation ’ (RCoA)’ requires that the existing discharges, directly to groundwater, from the agglomeration cease by 31‘ December 2016. Prior to commencement of an alternative discharge, as proposed, Irish Water shall apply for a review of this Certificate of Authorisation. The Agency cannot authorise the proposed discharge based on the information provided to date.
The RCoA requires a technical assessment of the proposed primary discharge outfall to a percolation area to demonstrate compliance with the European Communities Environmental Objectives (Groundwater) Regulations 2010, as amended and the European Communities Environmental Objectives (Surface Waters) Regulations 2009, as amended, within 6 months of the date of grant of the RCoA. The technical assessment shall include percolation testing and a topographical survey of the proposed raised bed percolation area and a flood risk assessment of the WWTP site to be undertaken. A report on the outcome and recommendations of the technical
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assessment shall be reported to the Agency within twelve months of the date of grant of certificate and shall support an application for- review .of the certificate of authorisation. 1
There are drinking water abstraction points located within 10 km of the discharge(s) from the agglomeration. The RCoA includes a condition whereby the Certificate of. Authorisation holder shall immediately notify the organisation responsible for downstream abstraction points of any incidents in the agglomeration. The technical assessment required in the RCoA includes a risk assessment for the protection of drinking water abstraction points, the risk assessment shall address as a minimum the identification and minimisation of risks.
A screening for Appropriate Assessment was undertaken to assess, in view of best scientific knowledge and the conservation objectives of the site, if the activity, individually or in combination with other plans or projects is likely to have a significant effect on a European Site(s). I n this context, particular attention was paid to the European sites at East Burren Complex SAC, Site Code: 001926, Corofin Wetlands SPA, Site Code: 004220 and Inagh River Estuary SAC, Site Code: 000036.
The Agency considered, for the reasons set out below, that the activity is not directly connected with or necessary to the management of those sites as European Sitesand that it cannot be excluded, on the basis of objective scientific information following screening under this Regulation, that the activity, individually or in combination with other plans or projects; will have a significant effect on a European site and accordingly determined that an Appropriate Assessment of the activity is required. It has been determined that the activity has the potential for significant effects on a European Site due to a potential pathway for pollutants to the European Sites and a potential for cumulative impacts on the European Sites.
An Appropriate Assessment has been completed and has determined based on best scientific knowledge in the field and in accordance with the European Communities (Birds and Natural Habitats) Regulations 2011 and 2013, pursuant to Article 6(3) of the Habitats Directive, that the activity, individually or in combination with other plans or projects, will not adversely affect the integrity of a European Site(s), in particular the East Burren Complex SAC, Site Code: 001926, Corofin Wetlands SPA, Site Code: 004220 and Inagh River Estuary SAC, Site Code: 000036, having regard to their conservation objectives and will not affect the preservation of these sites at favourable conservation status if carried out in accordance with this RCoA and the conditions’ attached hereto for the following reasons: the RCoA requires the direct discharge to groundwater to cease by 31‘ December 2016, a technical assessment is required for the proposed indirect discharge to groundwater and the Certificate holder is required to operate the waste water works in accordance with best practice to ensure that discharges from the works do not cause environmental pollution or a deterioration in , the receiving water status.
I n light of the foregoing reasons, no reasonable scientific doubt remains as to the absence of adverse effects on the integrity of the European sites at East Burren Complex SAC, Site Code:001926, Corofin Wetlands SPA, Site Code:004220 and Inagh River Estuary SAC, Site Code: 000036.
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Submissions One submission was received in relation to this application. The main issues raised in submission are summarised below. However, the original submission should be referred to a t all times for greater detail and expansion of particular points. For clarity, the issues raised by the submitter are followed by the Inspector's response.
(i) Mr. Michael Duffy, 17/12/2010
Mr.. Dum states that there has been discrepancies in the design p.e. of the M P . He notes that the loading to the WWTP has increased despite the WWT-P being reportedly overloaded and discharging directly to groundwater. He states that there are discrepancies in the loading p.e. entering the Wwrp and that the agglomeration map 13 incorrect.
ResPonse: The design p.e. has been estimated to be 350 p.e. and current p.e. loading is reported to be 414p.e. hence the WWTP is overloaded. The RCoA requires that the existing discharges directly to groundwater from the agglomeration cease by 31st December 2016. Prior to commencement of an alternative discharge Irish water shall apply for: a review of this Certificate of Authorisation which will require updated review application data supported by an assessment of the impact of the proposed waste water treatment and discharge.
Mr. Dum is concerned that discharge from the Mlfenora WWTP is contributing to the pollution in the raw water at the potable source for Ennis. He has been involved in ongoing correspondence with both Clare County Council and the Geological Survey of Ireland (GSI) regarding the Source Protection Area for the Drumcliff and Pouladower spdngs in €nnis. 7he 9urce Protection Area mapped on the GSI groundwater website excludes the swallow hole which is the outfall location of the primary discharge. He is concerned that the Drumcliff raw water is regularly contaminated and that a connection between the swallow hole and the springs may exist.
Response: The RCoA requires the direct discharge to groundwater to cease by 3lSt December 2016. Prior to commencement of an alternative discharge Irish water shall apply for a review of this Certificate of Authorisation.
Furthermore, the RCoA requires a technical assessment of the proposed primary discharge outfall to a percolation area to, demonstrate compliance with the European Communities Environmental Objectives (Groundwater) Regulations 2010, as amended and the European Communities Environmental Objectives (Surface Waters) Regulations 2009, as amended, within 6.months of the date of grant of the RCoA.
The technical assessment shall include a risk assessment for the protection of drinking water abstraction points, the risk assessment shall address as a minimum the identification and minimisation of risks. A report on the outcome and recommendations of the technical assessment shall be reported to' the Agency within twelve months of the date of grant of certificate.
The technical assessment shall support a Certificate of Authorisation review application for the Kilfenora agglomeration, due to be submitted to' the Agency prior to the commencement of a new waste water discharge. The RCoA requires the direct discharge to groundwater to cease by 31st December 2016.
Mr. Dum states that the sewer collection network is a combined system and that it is likely that there is as much exfitration as infiltration as is common when the sewer network is above the water table and poorly maintained. He states that a
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significant area regularly floods around the swallow hole into which the storm water oven7ow &charges.
He questions how flow data provided in the certificate applcation was calculated and lists what are in his opinion/ omissions from the certificate application.
ResDonse: The design review report dated October 2014 carried out by Ryan Hanley Consulting Engineers recommends carrying out works on the sewer network to reduce storm water contribution and infiltration as well as providing appropriately sized storm water handling facilities a t the WWTP. The RCoA requires Storm Water Overflows to comply with the definition of a storm water overflow as set out in the DoEHLG ‘Procedures and Criteria in relation to Storm Water Uven7ows’; 1995 and any other guidance as may be specified by the Agency. Furthermore, the RCoA requires a flood risk assessment of the WWTP site to be undertaken and reported to the Agency within twelve months of the date of grant of this certificate.
The RCoA requires the direct discharge to groundwater to cease by 31‘ December 2016, regardless of flow data. This submission from Mr. Duffy was received on 17/12/2010 and numerous requests for further information have been requested by the Agency since then. Clarifications required as part of the assessment of the certificate application have been received by the Agency and are available on the Agency’s website.
Mr. Dum states that there were a number of deficiencies with the screening for Appropriate Assessment carrl‘ed out by Clare County CounciJ received by the Agency on 10/05/2010. Response: The Agency requested an updated screening and Appropriate Assessment on 25/07/2014. A Natura Impact Statement was received by the Agency on 03/11/2014 and the Appropriate Assessment is discussed above.
Recommendation I recommend that a Final Certificate of Authorisation be issued subject to the conditions and for the reasons as set out in the attached Recommended Certificate of Authorisation.
Signed
Loretta Joyce Inspector Environmental Licensing Programme OfFice of Climate, Licensing and Resource Use
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