Groundwater Protection in Selected Countries
1. Background information
| 1.1 | Basic facts |
| 1.2 | Structure of environmental authorities |
| 1.3 | Statutory and advisory information |
Spain has a population of 39,242,000 (1996) and an area of 505,800 km2. This gives a population density of 78 persons pr. km2.
GDP
The gross domestic product (GDP) in Spain is 69,780 billion pesetas (quarterly rate for 1995: OECD, 1998). The current exchange rate is approximately 166 pesetas (ESP) pr. EUR. The annual gross domestic product pr. person is therefore approximately 10,600 EUR.
Precipitation
The total precipitation in Spain depends greatly upon the region. In the coastal areas of the north and north-west, the precipitation exceeds 1600 mm pr. year. In the south-east, precipitation is around 70 mm pr. year. The values for evapotranspiration are reversed, with high evaporation in the south (1200 mm pr. year) and low evaporation in the north (400 mm pr. year). Large areas of the country therefore have a net precipitation as low as 0 to 50 mm pr. year.
The average annual precipitation is 680 mm pr. year while the evaporation average is 460 mm pr. year, giving an average net precipitation of 220 mm pr. year (Ministerio de Medio Ambiente, 1998).
1.2 Structure of environmental authoritiesThe Spanish Parliament is composed of two chambers. The most important instrument of the Parliament is the passing of legislation.
Ministry
Environmental matters are handled directly by Ministerio de Medio Ambiente (Ministry) as there is no Environmental Agency. The current Ministry was established in 1996, taking over functions handled by its predecessor. The Ministry has the competence to prepare environmental legislation and to co-ordinate activities with the autonomous regions. The Ministry relies on the groundwater department of the Instituto Tecnológico de Geominero de España (ITGE) for much of the technical expertise regarding groundwater.
Autonomous regions
Spain is divided into 17 autonomous regions (Comunidades Autónomas), each with its own government. The administration of these autonomous regions include environmental departments.
Drainage Basin Authorities
In addition, there are Drainage Basin Authorities. This authority is divided into 9 basins that are independent of the autonomous regions and is organised at a national level.
Figure 1.1 shows the relationship between these authorities.
Figure 1.1.
Relationship between the various environmental authorities.
Current legislation
The major laws and regulations with regard to groundwater protection and contaminated sites are given below:
- Soil Act, 1998
This Act assigns special protection to certain soils due to historical, cultural or environmental value. Environmental value can include the situation where the soils are know to overlay important groundwater resources.
- Law of Waters, 1985
This law makes general statements that contamination is not allowed and it identifies the Drainage Basin Authority as the responsible body to determine protection zones for water supplies. The law, however, does not provide for the implementation of the general statements. The legislation is not being further developed since it is expected to be replaced by the "Framework for European Community Water Policy (draft dated 1996) when this is translated into Spanish law.
- Assessment of Environmental Impact, 1986
These regulations require the study of the environmental impact of a limited number of listed activities such as oil refineries, large chemical industries, highway construction, etc. and requires the authorisation of the activity. A minimum list is administered at a national scale, while regional authorities administer additional activities which they may add to the list.
- Legislation of disturbing, unhealthy and dangerous activities, 1961
This legislation is administered locally by municipalities. It requires permits for all disturbing, unhealthy and dangerous activities. A shortcoming with this legislation is that local authorities often lack the technical expertise required to make adequate assessments of groundwater protection needs. Some regional authorities have passed laws involving them in this administration.
- Wastes Act, 1998
This Act defines contaminated soils. However, this definition is based on soil criteria which are not yet set and is therefore currently impracticable (Aguilar, 1999). The Act states the basic principle that the polluter must remediate for remediation. If the polluter can not be found, the landowner must finance the remediation. The Act also obligates the autonomous regions to make an inventory of suspected contaminated sites.
- Hydrological Plans of Basins, 1998
This regulation is the theoretical instrument for defining zones of protection within recharge areas of well fields. It gives priority to larger cities.
- Technician Sanitary Regulation, 1990
This regulation describes the control of the quality of the public drinking water supply.
National remediation plan
In addition to these laws and regulations, a national policy concerning contaminated sites is defined in the National Plan for the Remediation of Contaminated Soils (El Plán Nacional de Recuperación de Suelos Contaminados, 1995 – 2005). The objectives of this plan are:
 | Prevention of further contamination |
| To continue the identification of polluted sites |
| To investigate 1,650 potentially contaminated sites |
| To remediate 274 priority sites |
| To develop clean-up technologies |
| To lay down specific national legislation and technical regulations |
Future expectations
Two European documents are expected to have impact on Spanish regulations. These are as follows:
| the approved "Integrated Prevention and Control of Contamination (no. 257/26) and |
| the proposed "Framework for European Community Water Policy" (draft from 1996). |
The first is expected to strengthen the current legislation with regard to permitting industrial activities which may cause soil and groundwater contamination. The second takes the approach of protecting groundwater aquifers.