Lesson 5 Water and Environmental Law Prof Joachim

Lesson 5. Water and Environmental Law Prof. Joachim Fettig University of Applied Sciences OWL, Campus Hoexter An der Wilhelmshoehe 44, D-37671 Hoexter joachim. fettig@hs-owl. de

Outline - Right to water (UN Resolution 64/292) - Need for sharing & sound management - Legal basis including EU directives § § § Water Framework Directive Urban Waste Water Treatment Directive Drinking Water Directive Groundwater Directive Flood Risk Directive - Water use and discharge permits: Implementation of European water law in EC member states, Example Germany - Conflict management and negotiations Water and Environmental Law 2

Right to Water Milestone: UN Resolution 64/292 Ø Ratification on 28 July 2010 Ø Explicit recognition of the human right to water and sanitation Ø Acknowledgement that clean drinking water and sanitation are essential to the realization of all human rights Ø Call to states and international organizations to provide sufficient, safe, acceptable, accessible and affordable drinking water and sanitation for all Action plans: UN Millennium Declaration, adopted in 2000: Definition of 8 Millennium Development Goals (MDGs) UN 2030 Agenda for Sustainable Development, adopted in 2015: Definition of 17 Sustainable Development Goals (SDGs) with 169 associated targets Water and Environmental Law 3

Right to Water Milestone: UN Resolution 64/292 What is. . . ? § Sufficient The water supply for each person must be sufficient and continuous for personal and domestic uses. These uses ordinarily include drinking, personal sanitation, washing of clothes, food preparation, personal and household hygiene. According to WHO, between 50 and 100 liters of water person per day are needed to ensure that most basic needs are met and few health concerns arise. § Safe The water required for each personal or domestic use must be safe, therefore free from micro-organisms, chemical substances and radiological hazards that constitute a threat to a person's health. Measures of drinking-water safety are usually defined by national and/or local standards for drinking-water quality. The WHO Guidelines for drinkingwater quality provide a basis for the development of national standards that, if properly implemented, will ensure the safety of drinking-water. Water and Environmental Law 4

Right to Water Milestone: UN Resolution 64/292 What is. . . ? § Acceptable Water should be of an acceptable colour, odour and taste for each personal or domestic use. [. . . ] All water facilities and services must be culturally appropriate and sensitive to gender, lifecycle and privacy requirements. § Physically accessible Everyone has the right to a water and sanitation service that is physically accessible within, or in the immediate vicinity of the household, educational institution, workplace or health institution. According to WHO, the water source has to be within 1, 000 meters of the home and collection time should not exceed 30 minutes. § Affordable Water, and water facilities and services, must be affordable for all. The United Nations Development Programme (UNDP) suggests that water costs should not exceed 3 per cent of household income. Water and Environmental Law 5

Right to Water UN Millennium Declaration Target no 7. C for water: Increase of water supply coverage to 88% by 2015 Situation in 2015: 147 countries met the MDG drinking water target, global average is 91%. MDG target achievement for drinking water (WHO, 2015) Water and Environmental Law 6

Right to Water UN 2030 Agenda for Sustainable Development Target no 6. 1+6. 2: By 2030, achieve universal and equitable access to safe and affordable drinking water and to sanitation and hygiene for all Target 6. 3: By 2030, improve water quality by reducing pollution, eliminating dumping and minimizing release of hazardous chemicals and materials, halving the proportion of untreated wastewater and increasing recycling and safe reuse globally Target 6. 4: By 2030, substantially increase water-use efficiency across all sectors and ensure sustainable withdrawals and supply of freshwater to address water scarcity and substantially reduce the number of people suffering from water scarcity Target 6. 5: By 2030, implement integrated water resources management at all levels, including through transboundary cooperation as appropriate Water and Environmental Law 7

Right to Water UN 2030 Agenda for Sustainable Development Target no 6. 6: By 2020, protect and restore water-related ecosystems, including mountains, forests, wetlands, rivers, aquifers and lakes Target 6. a: By 2030, expand international cooperation and capacity-building support to developing countries in water- and sanitation-related activities and programmes, including water harvesting, desalination, water efficiency, wastewater treatment, recycling and reuse technologies Target 6. b: Support and strengthen the participation of local communities in improving water and sanitation management Target 11. 5: By 2030, significantly reduce the number of deaths and the number of people affected [. . . ] by disasters, including water-related disasters [. . . ]. Water and Environmental Law 8

Need for sharing & sound management Groundwater: Resources not confined by political borders Map of global groundwater resources (1. World Water Development Report, UN 2003) Water and Environmental Law 9

Need for sharing & sound management Groundwater: Legally covered by UN convention and domestic laws Rieu-Clarke, et al. : UN Watercourses Convention – User‘s Guide (2012) Water and Environmental Law 10

Need for sharing & sound management Guidelines for the sustainable management of groundwater § § § A sound system of water abstraction and use rights Active groundwater user participation Avoidance of over-consumption Adequate investment in water saving technologies Incentives to increase water harvesting and aquifer recharge General problems in practice § Conflict of interests between different users (Water supply, industries, agriculture) § Lack of proper pricing systems for groundwater abstraction and use § National interests predominate, transnational agreements difficult to achieve Water and Environmental Law 11

Need for sharing & sound management Large river basins: Crossing political borders Major river basins of the world (1. World Water Development Report, UN 2003) Water and Environmental Law 12

Need for sharing & sound management Large river basins: International conventions (I) § Helsinki Convention (1996) for the protection and use of trans-boundary water courses and international lakes – updated in 2013 Prevention, control and reduction of water pollution Provisions for reasonable and equitable water use Provisions for monitoring, research and development Consultations, warning and alarm systems Information exchange and public access to information Parties to the Convention: 41 countries sharing trans-boundary waters in the region of the United Nations Economic Commission for Europe (UNECE) Water and Environmental Law 13

Need for sharing & sound management Large river basins: International conventions (II) § UN Convention on the law of the non-navigational uses of international watercourses (1997) – entered into force 2014 General principles relating to equitable and reasonable use of resources Duties not to cause significant harm Ecosystem protection, management obligations Information sharing, conflict resolution Resource protection during armed conflicts Signer of the convention: At present 38 countries sharing trans-boundary waters (12 from Africa, 8 from Asia, 16 from Europe, 2 from South America) Water and Environmental Law 14

Legal basis including EU directives UN guidelines § Drinking water guideline (WHO, 2011): Maximum permissible values for → 2 bacteriological parameters (Principle of indicator organisms) → 39 inorganic and organic constituents → 33 pesticides → 18 disinfectants and disinfection by-products § Water quality for agriculture guidelines (FAO, 1985) § Attempt: Development of International Water Quality Guidelines for Aquatic Ecosystems (Global Water System Project, ongoing) Water and Environmental Law 15

Legal basis including EU directives European Water Framework Directive 2000/60/EC Establishment of a framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater by → Coordination of administrative arrangements within river basin districts, development of river basin management plans → Monitoring of surface water status, groundwater status and protected areas (goal: achievement of „good“ ecological and chemical status for as many as possible water bodies) → Control of point and diffuse emission sources → Development of strategies against pollution of surface and ground waters (ultimate goal: elimination of initially 33 priority hazardous substances) → Recovery of costs for water services, including environmental costs Water and Environmental Law 16

Legal basis including EU directives European WFD 2000/60/EC, Directive on Environmental Quality Standards 2008/105/EC, amended by Directive 2013/39/EU → List of 45 priority substances in the field of water policy (extension of the original list by 12 species) → Definition of annual average and maximum allowable concentrations in inland surface waters (rivers, lakes) and other surface waters, furthermore (only for 15 substances) maximum contamination of biota (fish) in µg/kg wet weight Remark: Originally 3 pharmaceuticals (17 alpha-ethinylestradiol (EE 2), 17 beta-estradiol (E 2) and Diclofenac) were also proposed, but have not been included in the list yet. Water and Environmental Law 17

Legal basis including EU directives European Urban Waste Water Treatment Directive 91/271/EEC, amended by Directive 98/15/EC → imposes an obligation to collect and treat wastewater from all settlements and agglomerations but the very small ones → sets treatment objectives for BOD 5 (25 mg/L), COD (125 mg/L), and TSS (35 mg/L) for secondary treatment (biological carbon removal) → sets treatment objectives for total-N (15 mg/L resp. 10 mg/L)1) and total-P (2 mg/L resp. 1 mg/L)1) in the catchment of so-called sensitive areas (either eutrophic or potentially eutrophic), thus requiring nutrient removal here → imposes an obligation to establish national regulations for industrial wastewater discharged directly into receiving waters, and to define sampling and monitoring routines for all treated wastewaters at the point of discharge 1) Depending one size of treatment plant Water and Environmental Law 18

Legal basis including EU directives European Directive on the Quality of Water Intended for Human Consumption 98/83/EC § Drinking water quality: Maximum permissible values for → 2 microbiological parameters (Principle of indicator organisms) → 26 chemical parameters → 20 indicator parameters Point of compliance: place of delivery (“tap”) § Quality assurance of treatment, equipment and materials § Regular monitoring of drinking water quality § Adequate reporting and up-to-date information to consumers Water and Environmental Law 19

Legal basis including EU directives European Directive on the Protection of Groundwater from Pollution and Deterioration 2006/118/EC → Procedure for assessing the chemical status of groundwater → Establishment of specific measures in order to prevent and control groundwater pollution Quality standards: I. Concentration of nitrates ≤ 50 mg/l Concentration of active substances in pesticides ≤ 0. 1 µg/l II. Threshold values for arsenic, cadmium, lead and mercury Threshold values for ammonium, chloride, sulphate, conductivity Threshold values for trichloroethylene and tetrachloroethylene to be set by the member states Water and Environmental Law 20

Legal basis including EU directives European Directive on the Assessment and Management of Flood Risks 2007/60/EC Establishment of a framework for the assessment and management of flood risks by → Execution of a preliminary flood risk assessment for each river basin district, also for international river basins → Identification of areas for which potential significant flood risks exist → Preparation of flood hazard maps and flood risk maps → Establishment of flood risk management plans that include prevention, protection, preparedness, flood forecasts and early warning systems Water and Environmental Law 21

Water use and discharge permits Implementation of European water law in EC member states, Example Germany: German Federal Water Act of 31. 07. 2009 Definition of the principles of water resources management, in particular: → Designation of river basin districts → Definition of water use, permission and approval → Rules for the management and maintenance of surface waters → Rules for the management of coastal waters → Rules for the management of groundwater → Public water supply → Wastewater disposal → Handling of substances hazardous to waters; appointment of water deputies Water and Environmental Law 22

Water use and discharge permits Implementation of European water law in EC member states, Example Germany: German Federal Water Act of 31. 07. 2009 Definition of the principles of water resources management, in particular: → Development of surface waters (river engineering) → Construction of dikes and coastal protection structures → Planning of flood control measures → Development of management plans including action plans for surface waters → Liability for (negative) changes of water bodies → Compensation for financial losses of land owners → Inspection and monitoring of water bodies Water and Environmental Law 23

Water use and discharge permits Implementation of European water law in EC member states, Example Germany: German Drinking Water Ordinance (2016) Purpose: Protection of human health from the adverse influences of contaminated water intended for human consumption → Compliance with bacteriological and chemical requirements according to Directive 98/83/EC → Regulation of treatment agents and disinfection procedures → Duties of the entrepreneur of other owner of a water supply system → Requirements on installations for the abstraction, treatment or distribution of drinking water → Surveillance by the health authorities → Information of the consumer Water and Environmental Law 24

Water use and discharge permits Implementation of European water law in EC member states, Example Germany: German Groundwater Ordinance (2010) Purpose: Protection of groundwater bodies → Classification of groundwater bodies regarding their quantity (no depletion) → Definition of threshold values for 10 chemical parameters given in Directive 2006/118/EC → Classification of groundwater bodies regarding their quality according to these parameters and the concentrations of nitrates and pesticides → Design of monitoring programs → Preparation of action plans for improving groundwater bodies that have a poor status Water and Environmental Law 25

Water use and discharge permits Implementation of European water law in EC member states, Example Germany: German Wastewater Ordinance (2004) Purpose: Specification of the minimum requirements on wastewater for a discharge permit directly into a water body → General requirements: Pollutant load must be kept as low as the use of water-saving procedures permit; it must not be transferred to other environmental media such as air or soil, contrary to the state-of-the-art → Definition of analysis and measurement procedures → Compliance with threshold values given in the Appendix for 53 different sources of wastewater generation, including domestic wastewater Remark: For companies discharging into a public sewer, the threshold values from this ordinance apply at the point of discharge for hazardous substances Water and Environmental Law 26

Water use and discharge permits Implementation of European water law in EC member states, Example Germany: German Wastewater Charges Act (2005) Purpose: Collection of a charge (wastewater charge) for discharging wastewater into a water body → Determination of the noxiousness of wastewater based on the parameters COD, total-P, total-inorganic N, AOX, mercury, cadmium, chromium, nickel, lead, copper and the toxicity to fish eggs → Calculation of noxiousness units from these parameters and the annual amount of wastewater; one noxiousness unit equals 35. 79 Euro → Accounting for investments in improved wastewater treatment technologies via a reduction of the charge → Increase of the charge if the minimum requirements according to the wastewater ordinance are not met Water and Environmental Law 27

Conflict management and negotiations Integrated Water Resources Management (IWRM) approach Now being accepted internationally as the way forward for • efficient, • equitable, and • sustainable development and management of the world's limited water resources and for coping with conflicting demands Stages in IWRM planning and implementation, after UNDESA Water and Environmental Law 28