EU court rules against Ireland in urban water case

The European Court of Justice has ruled against Ireland in a case concerning a failure to comply with the Urban Waste Water Directive…

The European Court of Justice has ruled against Ireland in a case concerning a failure to comply with the Urban Waste Water Directive in six areas.

The directive aims to protect the environment from the adverse effects of urban waste water discharges and discharges from certain industrial sectors.

Ireland did not contest the fact that it had failed to comply with Directive 91/271/EEC in relation to five of the areas: Bray, Co Wicklow; Letterkenny, Co Donegal; Shanganagh, Co Dublin; Sligo; and Tramore, Co Waterford.

In relation to Howth, the court found that Ireland had produced no evidence that the area from which the waste water originated should no longer be part of the Howth agglomeration.

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Responding to the ruling, the Minister for the Environment, John Gormley, said the case was about the failure to provide particular agglomerations with populations exceeding 15,000 population equivalent (p.e.) with secondary waste-water treatment facilities by December 31st, 2000, as required by directive.

Population equivalent is a measurement of biodegradable load (matter) in waste water.

"I would like to express my disappointment that this case has come this far. This is a case that should have been resolved before this, but due to mainly technical or legal difficulties; the necessary waste-water treatment plants have not been provided, said Mr Gormley.

"Ireland is already working to address the deficiencies identified in the case. One of the schemes is already complete, a second is almost complete. In two other cases construction is now under way, while construction on the final two will begin later this year and next year.

“This case highlights the continued need for investment in water services generally," the Minister said.

Mr Gormley continued: “We have invested heavily in water services in the last number of years and it is imperative that this continues. This year alone we will spend somewhere in the region of €500m and in recent years investment of the order of €400m-€500m has taken place."

But Phil Hogan, Fine Gael’s spokesman on environment, heritage and local government, said the EU had convicted the Minister over a lack of action on the waste water directive.

“It is incredible that Minister Gormley failed over the past 14 months to convince the European Commission that he had a plan of action to resolve once and for all the problems in relation to waste water treatment plants.”

“He is now placing the Irish taxpayer at risk of millions of euros of fines due to Government inaction," Mr Hogan said.

The Fine Gael TD added that it was “disingenuous” of the Minister to attempt to allocate the responsibility for drawing up plans of action to local authorities, saying Mr Gormley was “well aware” that towns and villages require finance from the department.

However, Dún Laoghaire Green Party TD Ciarán Cuffe said it was ironic that Fine Gael could accuse Mr Gormley not doing enough to improve water quality while opposing a new waste water treatment plant at Shankhill in Dublin.

The European Urban Waste Water Directive requires mandates monitoring of the performance of treatment plants and receiving waters; controls of sewage sludge disposal and re-use, and treatment of waste water re-use whenever it is appropriate.

Jason Michael

Jason Michael

Jason Michael is a journalist with The Irish Times