Guidelines to Statutory Order on the Licensing of Waste Water Discharges 16. Water quality standards and emission standards for certain dangerous substances16.1 Background of Statutory Order No. 921 of 8 October 1996 16.1 Background of Statutory Order No. 921 of 8 October 1996 Statutory Order No. 921 of 8 October 1996 on water quality standards and emission standards for certain dangerous substances discharged into watercourses, lakes or the sea issued by the Ministry of Environment and Energy is an instrument for implementing EU legislation into Danish law, viz. Council Directive 74/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, also known as the Aquatic Environment Directive. 16.2 Discharges covered by Statutory Order No. 921 Licences issued under Parts 4 and 5 of the Environmental Protection Act for the discharge of waste water containing substances listed in Schedule 1 or Schedule 2 to Statutory Order No. 921 of 8 October 1996 on water quality standards and emission standards for certain dangerous substances discharged into watercourses, lakes or the sea issued by the Ministry of Environment and Energy will be governed by the provisions of the above Statutory Order, cf. section 2 thereof. Schedule 1 to the Statutory Order basically encompasses all dangerous substances. For a definition of dangerous substances, see Danish EPA’s Environmental Project No. 250, 1994, p. 12, on criteria for substances within List II. 16.3 Basis for laying down emission standards Statutory Order No. 921 of 8 October 1996 aims to minimise the release of the dangerous substances covered by the Order by prescribing the use of the best available techniques. In addition, it must be verified for each discharge that the quality standards set for the waters concerned can be met. Furthermore, a discharge may neither directly nor indirectly increase the pollution of watercourses, lakes or the sea. This means that the pollution impact of a particular discharge must be assessed for the catchment area as well as in relation to remoter waters. 16.3.1 National and regional water quality standards National quality standards for the aquatic environment are set in Schedule 2 to Statutory Order No. 921 of 8 October 1996, cf. section 3(1) and (2). The Schedule lists specific water quality standards. The licensing of the discharge of waste water, however, is subject to conditions being set for the discharge under section 6 of the Order, such conditions being based upon quality standards having been set under section 3(1) for the recipient waters or upon quality standards being otherwise set in connection with the licence for the discharge. Regional council decisions In the absence of national water quality standards applying to substances covered under Schedule 1, it is accordingly assumed that the regional council lays down water quality standards for the substances concerned as a basis for stipulating conditions for the discharge, cf. section 3(3) of the Statutory Order, and as described in section 3(2), (ii) and (iii). The Statutory Order facilitates a general understanding of the concept of quality standards, as the regional council will be able not only to set water quality standards, but also quality standards in relation to sediment, plants and animals. At this point, however, only a limited amount of data and experience is available for the setting of other than water quality standards . Under section 5 of the Statutory Order, new quality standards set for the purpose of a discharge licence must be incorporated into the first revision of the guidelines in the regional plan on the quality and use of watercourses, lakes and coastal waters. Binding quality standards Under the Statutory Order, a quality standard is binding in respect of the administration of discharge licences, whether set in Schedule 2 to the Statutory Order or laid down by a regional council under section 3(3) of the Statutory Order. Quality criteria The Environmental Protection Agency distinguishes the concepts of quality criterion and quality standard. A quality criterion forms the basis of establishing the concentration level in the aquatic environment above which a particular substance may be expected to cause an impact on the functioning and structure of the ecosystem. Quality criteria are laid down exclusively on the basis of a professional assessment of data on the ecotoxicological characteristics of the individual substances, i.e. the fate and impact of a substance in terms of toxicity, persistence and bioaccumulation. Quality standards are to be set on the basis of a quality criterion. In many cases, the quality standards will be equivalent to the quality criterion, but special protective measures, e.g. the designation of a nature protection area under section 3 of the Danish Conservation of Nature Act ("Naturbeskyttelsesloven"), may imply that the quality standard for the water concerned deviates from the quality criterion. In a few cases, the Environmental Protection Agency has assisted regional authorities in establishing a basis of quality criteria on which to lay down quality standards for substances not listed in Schedule 2 to the Statutory Order. These quality criteria may be accessed via Danish EPA’s website. 16.3.2 When should new quality standards be laid down? Type of discharges These Guidelines deal with typical waste water discharges, but it should be emphasised that Statutory Order No. 921 also covers inflow of substances from sources other than typical point sources (waste water treatment plants and separately discharged effluents), e.g. leaching from waste and residues deposited in landfills and from wharves built from preserved wood. It appears from the EC Court decisions in proceedings brought against the EU Commission on implementation of the Directive that such discharges are covered. A decision is even imminent according to which fall-out from emissions to air from a specific source will also be covered. The Environmental Protection Agency finds that quality standards for substances covered by Schedule 1 to the Statutory Order are assumed to be fixed in the case of substantial discharges, whether separately discharged effluents or effluent from a municipal waste water treatment plant. Whether the discharge is deemed to be substantial must be viewed in terms of whether the water quality in the recipient waters will be affected. The concentrations, quantities and persistence of the substance discharged must be included in such an assessment. An examination could be based on whether the concentrations of the substance in the waste water are equivalent to or above the quality standards for the aquatic environment. Separately discharged industrial effluents In the case of separately discharged industrial effluents, this means that quality standards must be set and emission standards notified for the discharge of substances covered under Schedule 1. However, it is not envisaged for the regional council to lay down quality standards in all cases as a basis for the assessment of any substance covered by Schedule 1, and which might be discharged with the waste water from an industrial facility. For trace elements and other substances which, due to their specific use in the enterprise, are regarded as being discharged at a concentration level below that of the quality standards, the determination of the conditions to be stipulated in the licence for such substances may generally be completed without setting quality standards. Municipal waste water treatment plants On the basis of various monitoring results, the Environmental Protection Agency finds that the quality standards listed in Schedule 2 to the Statutory Order are today expected to be complied with by all generally well-functioning municipal plants. This means that quality standards are to be set for substances listed under Schedule 1 in cases where a discharge from a municipal waste water treatment plant deviates from what must normally be expected in such a plant. If the discharge from a waste water treatment plant is essentially characterised by one or more substances referable to inflows from specific industrial enterprises, the overall discharge must be regarded as atypical of a municipal waste water treatment plant. In addition to any requirements in relation to the connection of the particular enterprise to the municipal plant, the necessary quality standards must in these atypical cases be set for the waste water treatment plant in question, to be followed by emission standards for the final discharge from the plant of substances covered by Schedule 1. Not always necessary to set quality standards Cquality standards> Ceffect* Fapplication This also means that the setting of a water quality standard in respect of a given substance may not be required in situations where an assessment indicates that a potential water quality criterion/standard for the substance may be considerably higher than the anticipated maximum concentration of the substance in the discharge. The assessment may, for example, be based on ecotoxicological data and effect concentrations for a substance combined with a high application factor (above 1,000). The application factor depends on the quality of the data available. The poorer the data, the higher the application factor must be according to the prudence principle. Any pre-existing concentrations in the waters must also be considered. Unless otherwise provided by other environmental considerations, rules or regulations, an emission standard for the substance concerned may subsequently be set on that basis alone in accordance with the Statutory Order. Discharges of surface run-off Discharges of surface run-off vary with respect to quantity and duration, but they rarely continue for more than 24 hours. In addition, the risk of affecting the recipient waters will be highest at the beginning of a rain event, the substance concentrations being at their highest and the dilution of the recipient waters at its lowest. Accordingly, this situation will persist for only a short period, say 30-60 minutes. Quality standards are set to provide protection of waters against permanent effects from discharges. This means that the assessment of whether the quality standard can be met must be carried out in respect of periods longer than normal for rain events. In the case of rain events of longer duration, concentrations will also be relatively low and the dilution rate high. Against this background, it is usually found unnecessary to base the stipulation of conditions for discharges of surface run-off on quality standards set under Statutory Order No. 921. However, the purpose of stipulating conditions is to ensure that discharges do not expose the water body to acute toxic effects. Therefore, the conditions stipulated for such discharges are typically limited to a maximum permissible value for the hydraulic load, performance requirements for sand catchers, oil/gas separators, waste water stabilisation ponds, etc. However, for discharges of surface run-off from areas exposed to special loads (out-fall or diffusion of substances from specific sources), a specific assessment should be undertaken as to whether the stipulation of licence conditions is to be based on quality standards. Areas exposed to such loads include scrap sites, filling stations, etc. Other situations, such as the discharge of highly volatile substances, might probably warrant the setting of emission standards for certain environmentally dangerous substances in accordance with the Statutory Order without any quality standards having previously been set for the substance in question. This must necessarily be based on an assessment of the specific circumstances. 16.3.3 Scientific basis for establishing water quality standards The regional council’s duty to define quality standards pursuant to section 3(3) of Statutory Order No. 921 implies that the regional council also has to establish a basis for setting standards, which includes defining quality criteria where no such criteria have previously been defined. When processing discharge licence applications, the regional authority may require the applicant to provide the necessary data for the substances to be discharged. These primarily include data on chronic toxicity (NOEC) or acute toxicity (LC50) and information concerning bioaccumulability and degradability. In this connection, guidelines from Danish EPA issued under section 3(3) of Statutory Order No. 921 define the methods, procedures, data and documentation needed by the regional council to define a quality criterion. However, the regional council cannot generally expect the Environmental Protection Agency to provide assessments of dangerous substances and establish quality criteria merely on request. Danish EPA’s Environmental Project No. 250 (1994) on ecotoxicological quality criteria for surface water describes a method of defining quality criteria for surface water and sediment. The Environmental Protection Agency used this method to establish the quality standards defined in Schedule 2 to Statutory Order No. 921. Data search and data quality evaluation The formulation of quality criteria should be based on a data search strategy which also includes evaluation of the data quality. The report published in TemaNord, 1995:581 "Environmental Hazard Classification" indicates a number of data sources and a step-by-step search strategy that allows searching by up to four steps until sufficient data have been obtained. In the TemaNord report, the description of this data search strategy is followed by a classification system for evaluating data quality, depending on whether the data have been acquired in accordance with a standardised method. It should also be mentioned that an increasing number of data sources are and will be available via the Internet. Thus, the most important ecotoxicological database for the effects of specific substances on aquatic organisms can be accessed at US-EPA’s internet address http://www.epa.gov/medicotx/ecotox_home.htm. (US-EPA is the American counterpart of Danish EPA). Data interpretation TemaNord, 1995:581, "Environmental Hazard Classification" further contains information on the interpretation of ecotoxicological data, especially data for low-solubility substances, and tests for biodegradability other than the test for high biodegradability. TemaNord also describes a method of estimating effect data where no such data are available – the so-called QSAR-method (Quantitative Structure Activity Relationships). Despite the fact that the guidelines in TemaNord address classification and labelling of substances according to their deleterious effect on the environment, the search and interpretation principles may advantageously be applied in drawing up water quality criteria. In addition, the pending EU directive concerning the framework for a new Community water policy ("The Water Framework Directive") will establish a procedure for defining water quality standards. This or stricter procedures will apply when the directive has been implemented in Danish legislation. According to the proposed directive, the procedure is largely identical with that used to date by the Environmental Protection Agency. 16.3.4 Water quality standards for groups of substances PAHs Schedule 2 to Statutory Order No. 921 defines a general quality standard of 0.001 µg/l for polyaromatic hydrocarbons (PAHs). This quality standard applies to individual PAHs, not to a sum of PAHs. It was determined on the basis of data for the PAHs that involve the highest environmental risk (especially 3,4-benzpyrene and 3,4-benzofluoran-thene). The quality standard of 0.001 µg/l may therefore serve as a general standard for individual substances, and thus ensure protection of the environment, even from the most dangerous PAHs. However, the regional council may derogate from the general quality standard of 0.001 µg/l laid down in the Statutory Order by fixing a different quality standard for a specific PAH, provided that this is done on the basis of data on the PAH concerned and in accordance with the procedure described in section 3 of Statutory Order No. 921. 16.4 Stipulating emission standards 16.4.1 Compliance with the requirement for using the best available techniques and the quality standard fixed ("the combined or integrated approach") Assessment of level of pollution in the local area According to Statutory Order No. 921, water bodies in immediate proximity of a discharge pipe are subject to a number of specific requirements, particularly the applicable quality standards. Pursuant to section 1 of Statutory Order No. 921, the discharge of substances covered by the Statutory Order is to be minimised using the best available techniques. In this context, section 6 of Statutory Order No. 921 means that it must be assessed whether an emission standard laid down on the basis of use of the best available techniques is sufficiently strict to allow achievement of the quality standards set for the waters in the area surrounding the outfall, or whether more stringent requirements should be established for the discharge in order to ensure achievement of a specific quality standard. This is a combination of two well-known strategies for establishing emission standards: on the basis of the best available techniques and on the basis of a quality standard. Statutory Order No. 921 dictates that the strategy that results in the strictest emission standard must be followed. This method of defining emission standards is referred to as "the combined or integrated approach" and is one of the corner stones of the EU Directive concerning integrated pollution prevention and control ("the IPPC Directive"), which governs the activities of major industrial enterprises. The combined approach will also be a crucial element of the pending EU Directive on the framework of the new European water policy ("the Water Framework Directive"). If a discharge based on the use of the best available techniques causes lower concentration levels in the receiving waters than those assumed in the quality standards, the higher value does not justify the discharger in offsetting the difference. In such cases, the emission standard must be fixed on the basis of what can be achieved by using the best available techniques, and it is not acceptable to adjust the emission standard to the quality standard. However, in cases where using the best available techniques does not lead directly to achievement of the quality standards, section 6(3) of Statutory Order No. 921 shall be taken to mean that unless a surface area close to and with impact from the discharge (‘impact area’) has been identified in the regional plan, the quality standards defined in Schedule 2 or by the regional authority must be met immediately after the initial dilution zone. If, however, an impact area has been identified with regard to the discharge of specific dangerous substances in connection with regional planning, the quality standards must be met at the boundary of the impact area, instead of immediately after the initial dilution zone. Acute toxicity The regional authority must also ensure, cf. section 6(3) of Statutory Order No. 921, that the substance does not occur downstream of the initial dilution zone in concentrations that may produce acute toxicity within the impact area, and that the discharge does not cause accumulation of the substance in the sediment, molluscs, crustaceans or fish found in the impact area. It should be mentioned in this connection that the concentrations that may lead to acute or chronic toxicity, respectively, are generally different. In most cases, the level causing acute toxicity may be assumed to be 10 - 20 times higher than the value defined as the quality standard. Finally, the regional authority must ensure that the discharge does not have a deleterious effect on the taste of fish and crustaceans. 16.4.2 Initial dilution rate The regional council is to base the conditions to be stipulated in the licence on the initial dilution of the discharge concerned, cf. section 6(3) of Statutory Order No. 921. The initial dilution is defined as a certain (preliminary) dilution of the waste water that takes place at the outfall due to the turbulence created by the momentum of the waste water jet (momentum = mass x velocity) or by the difference in density between the water in the jet and the surrounding water. The initial dilution ceases when the friction of the surrounding water has slowed down the waste water’s velocity to that of the surrounding water. (See Danish EPA’s Environmental Project No. 260, 1994, "Environmental hazards of industrial waste water"). For a more detailed description of the aspects associated with dilution, reference is made to Danish EPA’s Environmental Project No. 188, 1992, "Ecotoxicological assessment of industrial waste water". Rule of thumb In practice, however, this definition of initial dilution is not always very useful in practice. In most cases, the momentum of waste water discharges is relatively low, and the dilution of the waste water jet due to the momentum of the waste water flow is of minor importance. However, the dilution conditions should always be assessed in connection with granting a licence. In the case of direct discharges into a large recipient, the regional council may for practical purposes and in the absence of better data, assume an initial dilution factor of 10. However, given a certain knowledge of the local discharge conditions and the specific effluent, this estimate can be qualified. For open and turbulent waters, a higher factor may be estimated, and for discharges to small watercourses it may be lower. The estimate must further be based on the volume to be discharged. Another aspect is the irrelevancy of fixing a higher initial dilution factor in cases where using the BAT principle as a basis for stipulating discharge licence conditions results in requirements that are more severe than the quality standards. If so, the initial dilution may be disregarded when stipulating licence conditions. In connection with discharges to small watercourses, a potential initial dilution often has to be disregarded due to the low mean minimum flow of such streams, i.e. unless the concentration in the discharge is identical to (or lower than) the quality standard that applies to the watercourse, the latter cannot be achieved. 16.4.3 Delimitation of an impact area for waste water discharges The quality standards are assumed to be met close to the outfall, but an assessment of the environmental effects in the impact area versus the possibility of limiting the discharge may also form the basis of a decision for the regional council to delimit and identify an impact area for the discharge. In this connection, it must also be evaluated whether other discharges may directly affect the achievement of an existing quality standard. The regional council is to calculate or estimate in each case whether the emission standards for the relevant substances can be met for discharges effected in accordance with the BAT principle. If the standards cannot be met immediately below the initial dilution zone, the regional council should consider whether to identify an impact area in the regional plan around the discharge with regard to the substances involved, or to demand that the quality standards be respected outside the initial dilution zone. In the latter case, stricter conditions for substance reduction in the effluent will have to be stipulated in the licence. The decision of whether to identify an impact area for a discharge or impose stricter emission standards should be made after careful weighing of the technical and financial possibilities of reducing the effluent concentrations against the environmental impact of the discharge. In this connection, consideration should also be given to other effects on the aquatic environment caused by the substances concerned and accepted in practice. If the regional council decides to identify an impact area for the discharge, the area must be sufficiently large to ensure that the quality standards are met at the boundary of the impact area, cf. section 6(3) of Statutory Order No. 921. 16.4.4 Existing substance concentrations in the receiving waters Emission standards fixed by the regional council must be based on the substance concentrations already present in the waters and on incoming loads from other sources, cf. section 6(2) of Statutory Order No. 921. This applies to the assessment of the concentrations to be anticipated outside the initial dilution zone, as well as to the evaluation of whether an established quality standard will be met at the boundary of a potential impact area. Since the competence to fix emission standards pursuant to Parts 4 and 5 of the Environmental Protection Act lies with the regional council, the regional authority decides the type of documentation that is to be provided by licence applicants in order to satisfy the requirements laid down in the Statutory Order. The regional council must therefore decide in each case whether the available documentation, possibly supplemented by various calculations, is sufficient basis for stipulating licence conditions, or whether it has to be supplemented by further examinations or information. In this connection, the regional council should note that the EU Commission has considered it important in cases of alleged violation of the Aquatic Environment Directive that the resulting concentration level in the waters receiving the discharge was shown to be in compliance with the quality standards. 16.4.5 No increased pollution Pursuant to section 9(1) of Statutory Order No. 921, the regional authority is to ensure that the licensing of a discharge may in no circumstances cause any increase, direct or indirect, in the pollution of watercourses, lakes and the sea due to any of the substances listed in Schedule 1 to the Statutory Order. Assessment of indirect pollution It is often difficult to assess whether a given discharge may indirectly cause increased pollution of waters outside the local area. Firstly, because it is not always relevant to apply the defined quality standards in this context, since they are not an expression of a general and satisfactory protection level, but only a tool to be used specifically in the stipulation of terms and conditions for waste water discharges. Effects from other sources will also have an impact on the overall pollution situation. Secondly, the Environmental Protection Agency finds that present knowledge on the occurrence, fate and effect of the individual substances in the aquatic environment is generally insufficient to ensure that a given discharge will not increase pollution. In this connection, the regional authority should note that section 9(2) of Statutory Order No. 921 defines the concept ‘pollution’ in narrower terms than the generally accepted Danish definition. The definition given in section 9(2) is quoted below: "The term ‘pollution’ as used in subsection 1 above means the discharge by man, directly or indirectly, of substances or energy into the aquatic environment, the results of which are such as to cause hazards to human health, harm to living resources and to aquatic ecosystems, damage to amenities or interference with other legitimate uses of the waters." In this connection, attention is drawn to the long-term national policy for the reduction and phasing out of the discharge of environmentally incompatible substances. They include the fundamental obligation defined in the Aquatic Environment Directive to take the appropriate steps to eliminate pollution of the aquatic environment by the dangerous substances within List I of the Directive and to reduce pollution by the substances within List II of the Directive - cf. Schedule 1 to Statutory Order No. 921. Denmark has furthermore entered into international agreements on the protection of the marine environment by progressive reduction in the discharge of environmentally deleterious substances with a view to final phase-out by the year 2020. Against this background, the Environmental Protection Agency finds that the assessment of whether a given discharge will cause indirect pollution – especially of marine areas – should be based primarily on an overall consideration of the total volume of the discharge and of the substance introduced into aquatic environments within larger areas. However, the assessment may also be based on other data. A conclusion to the effect that the discharge concerned will be able to comply with section 9(1) of Statutory Order No. 921 should not be accepted, unless supported by favourable developments with regard to the overall discharge. Compliance with section 9(1) of the Statutory Order No. 921 may also be ensured by a review that demonstrates that the combined substance load deriving from direct sources, sources in the hydrological catchment area and from atmospheric deposition into major waters does not increase as a result of the licensing of a given discharge. However, it must be rendered likely that the total discharge into the area concerned of dangerous substances whose release into the environment is subject to reduction and phasing out will be reduced. In either case, the assessment should ideally be based on positive developments demonstrated in the combined discharge from all sources over the term of a regional plan. In many cases, the data on the basis of which the development in the total discharge of a given substance may be assessed are limited. However, this situation will gradually improve, among other things, due to the results produced under NOVA, the national monitoring programme. Acceptable assessment level An acceptable approach to assessing the documentation submitted could be by correlating information about the magnitude of the discharges gained from: 1) Existing discharge licences; 2) Available results from internal controls and from supervision by the regional council; and 3) Other specific data on the release of substances into the waters concerned that may be available to the regional council. Since assessments regarding compliance with section 9(1) of Statutory Order No. 921 are primarily carried out at a general level, it is less important to have a complete set of data on the discharge and inflow from all existing sources available in each case. 16.4.6 Permissible substance quantities Although the substance concentration of a discharge may be so low that it is not always necessary to establish quality standards for the substances involved, it may, nevertheless, be necessary to lay down emission standards for the discharge with regard to substance quantities, cf. the above section on assessment of indirect pollution. 16.5 Release monitoring requirements According to section 7 of Statutory Order No. 921, the regional authority is to stipulate conditions regarding the following parameters in licences to discharge environmentally incompatible substances:
Scope is allowed for various combinations of emission standards and related internal control measures, as the regional council (in cooperation with the applicant) is empowered to lay down the emission standards and related internal control measures that are deemed most appropriate in the given case. Thus, the aim is not to stipulate identical release monitoring requirements for all discharges, but to adjust the requirements to the local conditions. However, conditions must be laid down within all four categories. Emission standards are to be fixed on the basis of the following considerations:
Acute effects are controlled by establishing requirements with respect to maximum permissible concentration (cf. item (1) above) and a requirement regarding maximum permissible water volume (typically per second, hour or 24 hours). Combining these two requirements provides an indirect definition of the requirement governing the maximum quantity of the substance that may be released during the specified period (cf. item (3) above). Chronic effects are controlled by laying down requirements with respect to average concentration over a certain period (e.g. one or more 24-hour periods, one month) (cf. item (2)) and requirements regarding maximum water volume. Combining these two requirements provides an indirect definition of the requirement governing the maximum quantity of the substance that may be released during the specified period (cf. item (3)). Unacceptable accumulation of substances in sediments, animals or plants is controlled by fixing requirements for the maximum permissible quantity of the substance that may be released over a longer period, typically one year (cf. item (3)). Depending on the methods of monitoring and internal control stipulated, it will also be possible to meet requirements relating to items (1) and (2). Emission standards will have to be fixed on the basis of that of the three above considerations which is most critical to the quality of the receiving waters. In practice, fixing requirements on the basis of a worst-case scenario should obviate the need to lay down release monitoring requirements with regard to the other two considerations. Alternatively, these considerations will be covered by the most stringent requirement. The Environmental Protection Agency finds that release monitoring requirements, cf. section 7 of Statutory Order No. 921, may be fixed using statistical methods; see, for example, Danish Standard No. 2399, "Effluence control – Control computation of effluence data". It should be noted, however, that the methods described in this Danish Standard are based on a specified sampling frequency. In this context, ‘internal control measures’ (item (4) above) includes sampling frequency, sampling method, limits of detection, reporting frequency, analytical method, etc. 16.6 Revision of existing discharge licences Under section 10 of Statutory Order No. 921, the regional authority is responsible for ensuring that conditions stipulated in existing discharge licences are updated to comply with the provisions of the Statutory Order. The Environmental Protection Agency presumes that, in general, the current rules and regulations for industrial effluents laid down in the Environmental Protection Act provide sufficient legal basis for governing the discharge of environmentally incompatible substances. It must therefore in each case depend on an assessment of the nature of the industry concerned whether a revision of the discharge licence is called for. This also applies to public waste water treatment plants handling a high proportion of industrial waste water, as the Environmental Protection Agency estimates that most of the licences already issued to municipal treatment plants comply with the Statutory Order, since the effluent content of dangerous substances is currently on the safe side of a potential quality standard for the receiving waters. Pursuant to section 10 of Statutory Order No. 921, existing discharge licences that include specific conditions regarding certain substances covered by the aforesaid Statutory Order must be reconsidered in order to establish whether the quality standards are met and, if necessary, updated by means of enforcement notices issued under section 30 of the Environmental Protection Act. However, the regional council is under no obligation to reconsider a discharge licence that does not include conditions regarding specific substances, unless it is either suspected that these substances are introduced into the aquatic environment in quantities or concentrations that exceed the normal level for the effluent in question, or that the quality standards set for the aquatic environment are not being met. It should be noted that licences authorising the discharge of any of the 17 ‘List I substances’ marked with a ‘c’ in Schedule 2 to Statutory Order No. 921 may be issued for a limited period only to allow reconsideration of the licences every four years, cf. the four statutory orders listed in section 8 of Statutory Order No. 921. The EU Directive concerning the new European water policy ("The Water Framework Directive") to be adopted this year is also expected to include a requirement for regular revision and, if necessary, updating of existing discharge licences. Eight years of legal protection If setting a quality standard for a water body makes it necessary to revise the discharge licence issued to an enterprise that has obtained an environmental approval under Part 5 of the Environmental Protection Act, such revision is not covered by the general eight-year period of legal protection granted under the environmental approval. This is because quality standards fixed pursuant to Council Directive 76/464/EEC of 4 May 1976 and Statutory Order No. 921 override all other statutory provisions, and it is therefore not possible to postpone the setting of emission standards that must be met to ensure compliance with the quality standards until after the expiry of the enterprise’s approval period. 16.7 Right of appeal A discharge licence issued under section 28(1) of the Environmental Protection Act may be brought before the Environmental Protection Agency within 4 weeks of the receipt of the decision, cf. sections 91 and 93 of the said Act. In connection with appeals against the discharge licence, the appellant should state whether the objection relates to the general quality standard for the water body concerned, and in respect of which the particular discharge licence has been granted, or to the calculation made on the basis of the quality standards. In either case, the appellant should enclose documentation for his opinion with the appeal. Although the quality standard is a general requirement, and therefore does not form part of a decision made in any given case, the Environmental Protection Agency will nevertheless examine the correctness of the quality standard compared with the quality objectives set for the area and the environmental condition of the water body concerned. The general quality standard must be published before or in connection with the publication of the guidelines for the quality and use of the water body set out in the next revision of the regional plan, cf. section 5 of the Statutory Order. Appeals against quality standards may be filed under the Planning Act ("Lov om Planlægning"). If, when considering a specific discharge licence, the regional council fixes a new quality standard and in this connection finds that it may affect other discharges etc., the regional council may publish the quality standard in an addendum to the regional plan. This gives interested parties the opportunity to comment upon or object to the quality standard concerned. 16.8 Future revision of Schedule 2 to Statutory Order No. 921 The quality standards listed in Schedule 2 to Statutory Order No. 921 of 8 October 1996 are set on the basis of existing data on impacts on the aquatic environment, ecosystems, etc. As experience of setting and applying quality standards is currently limited, the standards are expected to be updated on a continuing basis. By way of example, the Schedule will in due course be extended by quality standards in respect of a large number of additional polyaromatic hydrocarbons (PAHs).
|