EC Urban Waste Water Treatment Directive - Review of Sensitive Areas (Eutrophic) 2005

Eutrophication or the enrichment of waters by nutrients is considered to be a major issue for water quality in Northern Ireland, particularly in relation to freshwaters. DOE is committed to a cross-sectoral approach, taking action across all sectors contributing to the problem. There are three European Directives which deal with nutrient discharges to waterways: the Urban Waste Water Treatment Directive (UWWTD), the Nitrates Directive (ND) and the Water Framework Directive (WFD). The Review of Sensitive Areas 2005 is carried out primarily under the UWWTD.

• A list of EC Directives mentioned in NIEA webpages, and a link to the EC Website legislation search page (and hence to the the UWWTD and ND mentioned above) can be obtained by clicking here.
• More information on the Water Framework Directive can be found on the NIEA Water Framework Directive web pages
• Details of Northern Ireland Legislation can be found at the OPSI Northern Ireland Website

Council Directive 91/271/EEC concerning the protection of waters from the adverse effects of domestic sewage, industrial waste and surface water run-off (EC Urban Waste Water Treatment Directive) was adopted by the Commission on 21 May 1991. The Directive was transposed into Northern Ireland legislation by the Urban Waste Water Treatment Regulations (Northern Ireland) 1995 S.R. No. 12 (as amended by S.R. 2003 No. 278).

Council Directive 91/676/EEC concerning the protection of waters against the pollution of waters caused by nitrates from agricultural sources (EC Nitrates Directive) was adopted by the Commission on 19 December 1991. The Directive was transposed into Northern Ireland legislation by the Protection of Water Against Agricultural Nitrate Pollution Regulations (Northern Ireland) 1996 S.R. No. 217.

The objectives of the UWWTD and the ND are complementary and are aimed at reducing nutrient inputs to water bodies from the urban and agricultural sectors. The UWWTD Directive seeks to protect the freshwater, estuarine and coastal environment from the adverse effects of point source discharges of phosphorus and/or nitrates from domestic sewage, industrial waste water and surface water run-off. The definition of eutrophication as contained in the UWWT Directive (91/271/EEC) is as follows:

'eutrophication' means the enrichment of water by nutrients, especially compounds of nitrogen and/or phosphorus, causing an accelerated growth of algae and higher forms of plant life to produce an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned.

Where receiving waters are vulnerable to eutrophication (i.e. nutrient enrichment), the Directive requires higher, or tertiary standards of treatment; this involves nutrient (phosphorous and/or nitrogen) removal from the relevant sewage discharges to Directive standards. Qualifying works are defined as those works serving population equivalents greater than 10,000.

The ND is focused on both the control of point source and diffuse discharges of nitrates from agricultural activity. The definition of eutrophication as contained in the Nitrates Directive (91/676/EEC) is as follows:

'eutrophication' means the enrichment of water by nitrogen compounds, causing an accelerated growth of algae and higher forms of plant life to produce an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned.

Given the serious eutrophication problem and the extent of the agricultural contribution to that problem, it was concluded that widespread controls on agriculture were needed to reduce the impact of farming practices on water quality. Therefore, it was agreed jointly by DOE and DARD to adopt a "total territory" approach to implementation of the Nitrates Directive and to introduce an action programme which would apply to all farmers. In addition, phosphorus controls will be introduced across Northern Ireland and these measures collectively are designed to reduce nutrient inputs from agriculture that contribute to eutrophication.

Eutrophication assessments are also required under the OSPAR Convention for the Protection of the Marine Environment of the North East Atlantic and in particular to demonstrate progress required under the OSPAR Strategy to Combat Eutrophication.

2005 Review Process

Full implementation of both Directives is considered by the European Commission to be fundamental to the achievement of the Water Framework Directive (WFD) target of Good Ecological Status for all fresh, coastal, estuarine waters by 2015. Trophic status studies of coastal, estuarine and freshwaters are required under both Directives and assessments for the review are carried out on the basis of scientific criteria, agreed at UK level, for identifying waters that are or may become eutrophic. The waters may be identified as 'sensitive' under the Directive 91/271/EEC concerning urban waste water treatment and/or 'polluted' under the Directive 91/676/EEC concerning pollution by nitrates from agricultural sources, if found to be eutrophic or likely to become eutrophic if protective action is not taken. Areas requiring a sensitive area identification under Annex IIAc of the UWWTD, (i.e. those areas where further treatment than that prescribed in Article 4) are also considered.

Responsibility for undertaking the SA review process rests with the Department Of Environment (DOE). Once an area has been identified, qualifying Waste Water Treatment Works (WWTWs) discharging either directly or indirectly to a Sensitive Area (Eutrophic) will require phosphorus and /or nitrogen removal to Directive standards within 7 years of the designation unless it can be demonstrated that the removal will have no effect on the level of eutrophication. The Directive includes a requirement to review SAs every four years and report to the Commission.

The Department of Environment formally identified the Lough Erne and Lough Neagh catchments as SAs in 1994. Following a review in 2001, a further three areas were identified, inner Belfast Lough, the tidal River Lagan and the Quoile Pondage at Downpatrick. Environment and Heritage Service (EHS) has now completed a review of the trophic status of the coastal, estuarine, and freshwaters for the 2005 review.

• The Executive Summary of the report of the findings can be obtained by clicking here (pdf 1.60MB).

In addition to the areas already identified the report recommends eleven new identifications, comprising eight freshwater areas and three coastal waters as follows:

For Freshwaters: the freshwater Foyle catchment; the Roe catchment; the Faughan catchment; the Lagan catchment; the Lower Bann catchment; the Enler catchment; the Bush catchment; and the Newry River catchment.

For Coastal Waters: the north end of Strangford Lough; Newcastle bathing water and Ardmillan shellfish water (the latter two in accordance with Annex IIA (c) of the Directive).

These new identifications will mean that the proportion of Northern Ireland's surface area identified as SAs (Eutrophic) increases from 50% to more than 80% and 29 out of 41 qualifying waste water treatment works will be required to meet the criteria for additional treatment as per Article 5 of the Directive.

There are catchments recommended for designation within this review that do not include any qualifying discharges (Bush, Enler/Blackwater, Newry and Faughan). However it should be noted that nutrient removal in non-qualifying discharges (works <10 000p.e.) in all catchments may be required to meet all relevant quality objectives and provisions of other Community Directives, including the Water Framework Directive. This requirement links the UWWTD to the programme of measures under the Water Framework Directive, where agreed measures have to be operational by December 2012 (i.e. 7 years after the UWWTD 2005 deadline).

• The Legal Notice of intention to designate eleven new areas as sensitive under UWWTD 2005 can be obtained here.

Maps of identified Sensitive Areas 1994, 2001 and 2005

NB: The following maps are currently being reformatted and will be reinstated shortly

• General Map showing existing and proposed Sensitive Areas (Eutrophic) (pdf 152KB)
• Freshwater Foyle catchment map pdf 127KB)
• Faughan catchment map (pdf 95KB)
• Roe catchment map (pdf 101KB)
• Lower Bann catchment map (pdf 117KB)
• Bush catchment map (pdf 98KB)
• Lagan catchment map (pdf 129KB)
• Enler catchment map (pdf 98KB)
• Newry catchment map (pdf 89KB)
• North Strangford Lough map (pdf 113KB)
• Ardmillan Bay Shellfish Water map (pdf 113KB)
• Newcastle Bathing Water map (pdf 152KB)

All maps on this site are reproduced by permission of the Ordnance Survey of Northern Ireland on behalf of the controller of Her Majesty's Stationery Office (HMSO) © 2005. Permit Number MOU 31. It is illegal to copy or publish digital data or paper maps, which belong to the Crown without prior written permission. Visit the OSNI website for further information (http://www.osni.gov.uk/copyright/copyrightX.html).

If you cannot download any of the documents or maps you can request hard copy versions by emailing ep@doeni.gov.uk or by writing to the address below:

Water Management Unit
Environment and Heritage Service
17 Antrim Road
Lisburn
Co Antrim
BT28 3AL