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Increasing European demands for water pollution control suggest that stricter implementation of UK legislation is required. Stephen HaUett et a2 review the major water quality legislation in the UK and the EEC to date, focussing on recent legislative developments and their implications, and consider contentious issues such as the privatisation of the water industry.
UK WATER POLLUTION CONTROL: A REVIEW OF LEGISLATION AND PRACTICE Stephen Hallett, Nick Hanley, Ian Moffatt and Kim Taylor-Duncan Departments of Environmental Science and Economics, University of Stirling Increasing European demands for water pollution control suggest that stricter implementation of UK legislation is required Stephen HaUett et a2 review the major water quality legislation in the UK and the EEC to date, focussing on recent legislative developments and their implications, and consider contentious issues such as the privatisation of the water industry Introduction This paper provides an overview of the legislation concerning water quality and water pollution control in the UK to date The main focus will be on the more recent legislation and upon proposed changes which will affecJ water quality in the UK A four fold typology can be presented The formative period (1868-1950) is identified as one in which water quality problems were correctly acknowledged as important but whcre the legislation alone was unable to produce effective control on the water quality The second phase (1951-1972) witnessed the formation of the regional water authorities together with new legislation and the important consent system This judicious mixture of appropriate institutional arrangements, new legislation and a means of implementing these changes resulted in a major improvement in water quality (Hammerton, 1983) The third period (1973-1988) brought a European dimension to the legislation concerning water quality via the use of European Directives, and also saw the introduction of the Control of Pollution Act (1974) (COPA) The European and UK legislative acts taken together have the potential to improve water quality but degree of mistance to actually again there has been a c-in implementing COPA to ensure that the quality of UK water does not deteriorate The most recent phase (1989 onwards) is discussed in the light of the new Water Act although, at the time of writing, the impact of this legislation has not yet had sufficient time to affect the quality of water in the UK Ec legislation is also fundamental to the creation of current water quality controls in the UK, this will become even more pronounced after 1992 Legislation passed in the period during and immediately after the Second World War was primarily concerned with water quality solely in terms of public health (Walker, 1979) This attitude has been changing as water quality has become recognised more in its own right as an environmental good and a recreational amenity Today, legislation affects nearly all the different aspects of water quality control in our inland and immediate coastal waters The Formative Period (1868-1950) In 1868 the River Pollution Commission " made a chemical analysis of water quality, recorded every source of pollution in the major rivers, detailed the processes and the waste products of every factory causing pollution and intewiewed numerous witnesses from local government, industry, land-owners, medical officers of health and sanitary inspectors" (Hammerton, 1987) The result of this investigation was to propose effluent standards as well as appointing inspectors and conservancy boards.These wellintentioned and sensible recommendations were ~ t however, , incorporated in the 1876 River Pollution Prevention Act which provided the basis of all legislation for the control of river pollution for the following 75 years The 1937 Public Health Act enabled local authorities to enter a premises and sample effluent The resulting analysis could then provide the basis for legal proceedings against the discharger, the penalties for which were also laid down in the Act Despite this activity and legislation by 1951 many of the industrial rivers and estuaries " were in a state little different from that described in the reports of the Rivers Pollution Commissionsome eighty years previously" (Hammerton, 1987) This can be attributed to a growth in overall pollution due to an increase in both population and industry, combined with a lack of political will, the inability to enforce standards and the cumbersome procedure for taking legal action (Hammerton, 1987) The 1936 and 1937 Public Health Acts introduced further legislation with the intention of improving river quality by attacking the problem at one source namely sewers The 1937 Public Health Act was " an Act to amend the law with respect to the discharge of trade effluents into public sewers of local authorities" The Act stated that consent from the relevant local authority was required for discharge to a public sewer It prevented trade effluents from beiig discharged other than in accordance with a written statement, termed the "Trade Effluent Notice", given to the relevant local authority by the discharger A Review of Water Quality Legislation in The Introduction and Impact of Consents the United Kingdom (1868-1989) (1951-1972) Water quality in the UK is addressed by bcth statutory legislation and Common Law In practice Common Law is largely unable to cop with modem incideats of pollution, but it is often the case that Statute Law will s u p m the Common Law Individuals wishing to initiate their own legal p'oceedmgs agatrst dischargers may now 50 under the 1974 Control of Pollution Act (COPA) Table below lists the most significant statutory legislation concerning water quality and pollution control in the UK to date The Rivers (Prevention of Pollution) Acts of 1951 and 1961 and the Rivers (Prevention of Pollution Scotland) Acts of 1951 and 1965 may be considered together, as the 1961/5 Acts were essentially designed to bring the former Acts up to date by ensuring the upkeep of cleanliness of rivers and other inland or coastal waters in England, Wales and Scotland To this the Acts were concerned with (i) criminaloffenses for polluting rivers, and (ii) the licensing of outlets and discharges to streams, EUROPEAN ENVIRONMENT Stephen Hallett et a1 Water Pollution Control Table 1: Significant UK Water Quality Legislation YEAR STATUTE 1876 Rivers Pollution Prevention Act 1893 Rivers Pollution Prevention Act 1923 The Salmon and Fresh Water Fisheries Act 1934 The Water Supplies (Fkceptional Shortage Orders) Act 1936 The Public Health Act 1937 The Public Health (Drainage of Trade Remises) Act 1944 The Rural Supplies and Sewerage Act 1945 The Water Act 1946 The Water (Scotland) Act 1948 The River Boards Act 1948 The Water Act 1951 The Border Rivers (Revention of Pollution) Act 1951 The Rivers (Prevention of Pollution) Act 1951 The Rivers (Prevention of Pollution)(Scotland) Act 1955 The Rating and Valuation (Miscellaneous Provisions)Act 1955 The Rural Supplies and Sewerage Act 1960 The Clean Rivers (Estuarine and Tidal Waters) Act 1960 The Tidal Waters Orders 1961 The Public Health Act 1961 The Rivers (Prevention of Pollution) Act 1963 The Water Resources Act , 1965 The Rivers (Prevention of Pollution)(Scotland) Act 1967 The Water (Scotland) Act 1968 The Sewerage (Scotland) Act 1968 The Tidal Waters Orders 1968 The Water Resources Act 1970 The Rural Supplies and Sewerage (Scotland) Act 1971 The Rural Supplies and Sewerage Act 1971 The Water Resources Act 1972 The Clyde River purification Board Act 1973 The Water Act 1974 The Control of Pollution Act (COPA) 1974 The Local Government (Scotland) Act 1975 The Reservoirs Act 1976 The Drought Act 1976 The Water Charges Act 1980 The Water (Scotland) Act 1981 The Water Act 1983 The Water Act 1987 The Control of Pollution (Landed Ships Waste) Regulations 1985 The Food and Environmental Protection Act 1987 The Control of Pollution (Anti-Fouling Paints and Treatments) Regulations 1987 The Control of Pollution (Exemption of Certain Discharges from Contro1)flariation) Order 1988 The Control of Pollution Act 1974 (Commencement W 19) Order 1988 The Control of Pollution (Special Waste)(Amendment) Regulation 1988 The Public Utility Transfers and Water charges Act 1988 The Tramfrontier Shipment of Hazardous Waste Regulations 1989 The Water Act I )roviSion was also made to lay before Parliament the annual eports of the river boanls (Tearle, 1973) The Rivers (Pollution ?revention)(Scotland) Act 1965 was extremely important, as it irought all dischargers under the control of the seven River ?urification Boards (RPBs) whose brief is to promote the :leanlies of rivers and other watercollI5es and to conserve the water resources within their watershed boundaries f i e success of these Acts and of subsequent legislation can be 3ttributed to the new powers given to relevant authorities to specify the conditiuns of discharge This new method of pollution :ontrol, known as the consent system, meant that all effluent iischarges to non-tidal rivers were made subject to the issue of a consent while some tidal and estuarine waters were subject to jimila controls by special order Consents could be granted either Eonditionally or unconditionally, with respect to the siting of the Dutlet, its construction and use and to the nature, composition, temperature, volume and rate of discharge of the effluent Also, dischargers assumed an obligation to allow the sampling of effluent by the relevant authorities By using the consent system, long standing local authority discharges to rivers were regulated including " the vast majority of sewage and industrial effluents responsible for over 90% of the polluting load in Scottish rivers" (Hammerton, 1986) Whilst the 1951 Acts applied to new discharges only, the 1960s Acts extended control to existing sources as well There have been criticisms of the consent system as a &fact0 right to pollute (Pezzey, 1988) The 1963 Water Resources Act empowered the relevant authorities to demand any information deemed relevant concerning the operations of any party removing water from rivers, or adding effluents The Water Resources Act laid the foundations for subsequent legislation concerning pollution control and the access to information regarding the activities of parties utilising rivers and estuaries and derived much of the legislation included in the 1974 Control of Pollution Act (COPA) There was during this period a widespread improvement in water quality throughout Britain and fiih life was restored to many waters (Hammerton, 1987) made possible by the new consent system and legal powers to regulate discharges Also, by using the consent system, long standing local authority discharges to rivers were regulated The Influence of European Legislation (1973-1988) In 1973 the UK adopted the Community Action Programme on the Environment which had three specific aims; to prevent or reduce pollution and nuisances, to husband natural resources and the balance of ecological systems and to improve quality of life and working conditions Improvementsin water quality were given further potential impetus when the UK joined the EC in 1974 The EEC passes legislation by means of Directives, Regulations and Decisions The Directive is the most commonly used mechanism in environmental matters since whilst it is binding as to the results to be achieved, it allows flexibility in the methods of achieving these standards A Directive requires immediately applicable statutory legislation in all member states, or in the member states to which it was b e d who must submit to the Commision the national laws implemented to meet the specifications of the Directives If these laws are coosidered unsatisfactory, the Commission may refer the case to the European Court of Justice EUROPEAN ENVIRONMENT Water Pollution Control Stephen Hallett et a2 The EEC has issued several Directives to its membcr states concerning water quality (see table below) These have become fundamental to water pollution control, water quality and water supply in the UK There are, however, differences in policy and the level of pollutants allowed between the EEC and the UK EEC pollution control policy is based on the concept of "fixed limits" which seek to restrict discharges to a predetermined national level regardless of dilution In the UK, by contrast, an "Environmental Quality Objective" (EQO) approach is preferred The EQO system incorporates "Environmental Quality Standards" (EQS) The EQO defines " the uses for which a stretch of water is suitable" (SDD, 1988) which may be described in qualitative terms The EQO system, therefore, allows for regional variation in the levels and types of pollutants permitted with reference to the receiving capacity of waters and the effects upon the potential use of the water after dilution (House of Commons Environment Committee, Session 1986-7: Pollution of Rivers and Estuaries, HC 183-1) The EQS is more specific and defies the concentration and emission standard of a substance in the receiving water which must not be exceeded if the EQO is to be met (SDD, 1988) Due to its selective application it is a more flexible system than the "fixed limits" approach Directive 76/464/EEC also provides for a system of licensing by Eonscnt before discharge of listed substances occurs The responsibility of member states to comply with these regulations is f i i , the exact methodology used in achieving the standards is a matter for the states to decide themselves The UK has adopted a "Red List" as an updated supplement to the EEC Black and IGrey Lists of prescribed substances It is intended that the UK Red List will reinforce the original EEC measures and introduce a new system for controlling inputs of the most dangerous substances to water with reference to EQOs and EQSs as discussed above (SDD,1988) The Government aims to reduce the inputs of Red List substances to the North Sea by 50% by 1995 under the North Sea Conference Agreement reached at the North Sea Ministerial Conference March 1990 Plans to make the agreed reductions have been drawn up and mercury inputs have been reduced by 20% between 1985-88 and cadmium inputs by 18% One of the consequences of the UK adopting a European perspective on pollution control is that more sophisticated analysis of natural waters is required The stricter control over Grey, Black and, more recently, Red List substances will require detailed and costly monitoring of these pollutants in UK rivers and estuaries Clearly, if the more stringent water quality standards arisiig from The EQO, and the incorporated EQS, for a particular watercourse adherence to the controls over Red List substances and the EQOs, is often supplemented by an additional national requirement or are to be achieved, then funding for further research, equipment "Uniform Emission Standard (UES)whereby the same limit is and staff trainiig is required applied to all emissions of a particular contaminant An example of this is the 20/30 parts per million Biological Oxygen Water Quality Legislation from t h e UK DemanqSuspended Solids Royal Commission standard UESs are easier, and less costly, to implement and control, however they In the UK water supply was opcrated at a municipal level until only limit pollution at source thereby ignoring the effects of the 1973 Water Act (Howard, 1989) Municipal authorities wcre dilution and interaction responsible for waste treatment, while local river boards wcre responsible for controlling the rivers In 1,973, the 29 river Arguably, the mmt important EEC water quality legislation has authorities, 187 water undertakings and 1395 scwerage and wastebeen the Dangerous Substances Directive, 76/464/EEC, prepared water authorities in England and Wales were amalgamated to by the Commission of the European Communities and adopted by establish the nine regional water authorities (RWAs) and the the Council of Ministers in May 1976 The Directive is Welsh Water Development Authority, which exist today as private comprehensive and covers all aspects of aquatic pollution in companics Before privatisation of the industry, private water rivers, estuaries, groundwaters and the sea A nurnbcr of companies did supply water in certain areas, acting as the agents substances considered to be toxic or dangerous to the aquatic for the Former RWAs In Scotland, river quality was, and still is, environment me named and clasified into one of two lists List the responsibility of scven independent river purification boards I, or the "Black List", includes substances which are particularly (RPBs) and the three island councils toxic, persistent or bic-accumulable, (except where they are biologically harmless) Included are such pollutants as The 1974 Control of Pollution Act (COPA) was designed to bring organohalogens, orgamphmphates, organotins, carcinogens, together much of the legislationof previous bills into one coherent merculy and cadmium compounds, persistent petroleum originated approach (Royal Commission on Environmental Pollution, 1984) mineral oils and hydrocarbons, and persistent synthetic substances Given royal assent in July 1974, COPA has been one of the mmt (Directive 76/464/EEC and CEC Second Report 1979) Persistence important recent legislative measures concerning water pollution is an important factor where pollutants will accumulate, especially and water quality in the UK, although now superseded by the in estuarine environments where flushing rates may be slow 1989 Water Act COPA covered many aspects of environmental pollution, water being only one part; the control of water quality List II, or the "Grey List", consists mainly of those substances and pollution is covered by Part II of the Act It empowered the whose effects would be restricted to celtain areas at a more local granting of "consents to discharge" by the water authority, level Intended usage of the water is therefore of great importance excluding specific activitiesfrom the legislation Walker notes that The List pups v i o u s dangerous metals and metalloids, and " d i e the old legislation, there is no system of consents to twenty families OT groups of metals or metal compounds are outlets s such (Walker, 1979) Thus under pre-determined detailed, including arsenic, lead, copper, silver and cobalt Also conditions, pollution may legally be discharged into watercourses included are substances affecting the taste or smell of the water, subject to the constraints of EQOs and EQSs A decision toxic or persistent compounds of silicon, inorganic compoundsof regarding the granting of a consent had to be reached within a six phosphorous, ncm-persistent petroleum based oils and week period by a water authority and once granted consents could hydrocarbons, cyanides and fluorides and substances affecting the not be revoked within a two year period without compensation to, oxygen balance of the water (Directive 76/464/EEC and CEC or the agreement of, the discharger In effect this gave the Second Report 1979) discharger a limited property right over the consent EUROPEAN ENVIRONMENT Water Pollution Control Stephen Hallett et a2 rahle 2: Signilkant EEC W a t e r Quality 1,cgklalion 1)eceniher 17, 1973 DATE DIRECTIVE DATE 73/J05/EEC February 3,19R3 3n the Approximation of the Laws of the Member States relating to methods of testing the Bio-dcgradability of anionic surfactants 74/404/EEC Deccmher 17,1974 3n the Approximation of the Laws of the Member Sbtes relating to Detergents June 16,1975 751440fiEC Dn the Quality Required of Surface Water Intended for the Abstraction of Drinking Water in the Member States July 25,1975 75/437/EEC Council Decision concluding the convention for the prevention of marine pollution from land-bascd sourccs 76/160/EEC December , Conceming the Quality of Bathing Waters May , 76/4463/EEC On Pollution Caused by Certain Dangerous Substances Discharged into [he Aquatic Environment of the Community 77p95PEC December , 7 Establishing a Common Procedure for the Exchange of Information on thc Quality of Surface Frcsh Water in the Community June 26,1978 Council Resolution setting up an action programme of the European Communities on the control and d u c t i o n of pollution caused by Hydrocarbons discharged at sm Frhruury 25, 1978 78/176/EEC On wdstc rrurn thc tilaniurn diexidc industry .June 26,1978 Coullci~Rcsolutim for sclling u p an iiction prugrdiiirric of thc E u i v p n Communitics on the control and rcduction ul' pdlulion caused by hydrncathms dischdrgcd at sea .July l R , 1978 78/659/KEC On the Quality of Fresh Water; Needing Protection or lmpruverncnt in Order to Support Fish Life 79/869/EEC October 9,1979 Concerning the Methods of Measurement and Frequencies of Sampling Analysis of Surface Watcr hlended f o r the Abstracticm of Drinking Water in the Mctnkr States Oetnher 30: 1979 79/92311 EC On the Quality Rcquind of Shellfish Watcrs December 17,1979 80/68/EEC On the Prntcction of Groundwatcr against Pollution caused by Ceitnin Dangcnius Substances June 25,1980 80/836/EEC Coinmission Decision setting u p an Advisory Committec on h e control and d u d i o n of pollution causal by hydrwarbuns discharged at sea July 15,1980 80/778/EEC Rcluting to the Quality of Water Intended for Human Consumption 81/971jEEC December 10,1981 Council Decision establishing a Conununity information system for [he conld and d u d i o n of pollulicm c i u d by h y d n x m h n s &charged at DIKECTIVF 83/29/EEC Artwitding Directive 78/176/EEC on Waste from the tilanium dioxidc indudry February 7, 19R3 CounLil Rcsolutiori conceming the comhting of water prlluticm Septemhcr 26,1983 83/513F,EC On Limit Values and Quality Ol>.jcaivcs for Cadmium Discllarga, 84/156/EEC Mureh 17,1984 On Lintit Values and Quality Objectives for Mercury Dirchnrges hy Sectos other than the Chbr-Alkali Electrolysis Industry July 16, I984 84/358p:EC Council Daisim conceniing the crmclusion of the agrwmont for cooperdtiun in dealing with pollution or the North Sea by oil arid other harmful substances 84/491/EEC Octolwr 9,1984 On Limit Values and Quality Objectives fur Discharges 01' Hexachlomcyclohexane I)rcember , 84/631/EEC On the Supervision and Control Within the E u w p m Community of the Transfrontier Shipment oC Haaimlous Waste September 26.1985 Pmpmat for a Council Dirwtive on the Dumping of waste at sea Deccmhrr 31,1985 Proposal for a Council Directive on Water Quality Objectives for Chrnmium 86/HS/EEC bl;irch 6, 1986 Commission Decision establishing a Community infc.rnlaiir.n systcm for h e conlml and rcductim of pollution caused by- ilic spillage