20 May 2009
States Member’s yesterday received a report setting out how the Environment Division carries out its regulatory role in respect of marine pollution in a manner that is robust, independent and effective.
The report explains how the marine environment is monitored and how specific threats such as contamination from the reclamation sites have been investigated through long term biological monitoring.
The regulatory regime that controls discharges to the sea by TTS is described in respect of the preparatory works for the Energy from Waste plant and from the sewerage system. Difficulties in meeting standards for nutrient levels coming out of the sewage works are described as are plans that are in hand to deal with them.
The role of the cavern in averting discharges of untreated sewage is described together with data on the number of times and the duration that the system has been overwhelmed by the flows entering the sewer network following exceptional rainfall.
Report attached.
Independent sampling and regulatory activities undertaken by Planning and Environment in respect of water pollution and associated threats.
Overview
This report is presented to advise Members of the activities carried out by Planning and Environment (P&E) in respect of monitoring of the marine environment with a view to its long term protection. It seeks to ensure that Members are aware of the Division’s ability to act independently of other Government Departments or third parties in its regulatory capacity whilst maintaining the ability to provide guidance and advice to organisations requesting such information. Similar activities also are undertaken in respect of inland waters and groundwater but are not described here.
The report describes various sampling / monitoring regimes, regulatory activities and advisory work currently in place and, where pertinent, relates these to operations, in order that the “regulatory link” can be made clear.
Introduction.
P&E are in some instances legally obliged, and in others must follow best practice in accordance with European Directives, to undertake monitoring of the Island’s aquatic environment including marine and coastal waters. There follows a description and brief discussion of the various types of sampling and monitoring regimes, regulatory activities and advisory work.
Sampling and Monitoring Programmes.
1. Bathing Waters
Sampling and Monitoring: Jersey’s bathing water quality has been monitored since 1992. Environmental Protection monitor sixteen bathing water locations around Jersey, weekly, between mid May to the end of September. The results are independently assessed by the Centre for Research into Environment and Health (CREH), and submitted to The Marine Conservation Society for inclusion in the UK Good Beach Guide.
Current Position: All sixteen bathing waters passed the Imperative standard, these are: La Haule, Victoria Pool, Havre des Pas, Green Island, Grouville, Archirondel, Rozel, Bouley Bay, Bonne Nuit, Grève de Lecq, Plémont, Watersplash, Le Braye, St Brelade, Beauport and Portelet.
The bathing waters that passed the more stringent Guide standard are: Victoria Pool, Green Island, Archirondel, Bouley Bay, Watersplash, Le Braye, Beauport and Portelet..
Weekly monitoring of the Island’s bathing water will this year commence on 26 May and results for the 16 monitored bathing waters are uploaded weekly onto Environmental Protection’s web page at gov.je.
2. Ramsar: Plymouth Marine Laboratories work in conjunction with WEB.
PML Applications Ltd were commissioned by WEB and P&E to contribute to the review of the environmental aspects of an options appraisal for relocating the fuel farm offshore. The recommendations will contribute to a synthesis of information for strategic level decision making regarding the future of the port area and the survey provides an updated assessment of the ecology of the South East coast Ramsar site.
A survey of the intertidal area of the South East Coast Ramsar site was carried from the 9th to the 12th of March 2009 by PML Applications staff. Geo-referenced observations undertaken in the field were used along with an aerial image to map the intertidal biotopes.
Current Position: PML helpfully summarise the current monitoring activity associated with the Ramsar site as follows:
“DAILY
• Sea temperature is monitored from an automated station at St Helier Harbour and at another location east of the site.
• Tides from two gauges, recording date, time and height (m), to gather real time data to measure tidal surges for flood warnings.
MONTHLY
• The States of Jersey Environment and Health Protection Departments monitor fish farm concession areas, i.e., oysters and clams for Escherichia coli, presumptive coliforms and Salmonella.
• Société Jersiaise Ornithology Section conducts shorebird counts within specific sectors of the site. Undertaken at least once a month, with up to 3 counts per month during the winter (from December through to March).
QUARTERLY.
• Common limpet and serrated wrack are tested for Cd, Pb, Cu, Cr, Zn, As and Hg. Samples collected in January, April, July and October from La Collette/ Havre des Pas and Gorey since July 1996.
• Beach profiles taken Feb/May/Aug/Nov. 20 profiles taken at 20 metre intervals from MHW to MLW across the site.
BIANNUALLY.
• Slipper limpet tested since July 1996 for heavy metal content in January and July. Sites east of St Helier Harbour and in Grouville Bay.
• Pollack tested for radioactivity spring and autumn.
ANNUALLY
• Seawater tested for radioactivity
• Oyster tested for radioactivity.
• Sediment (inshore and fine 200 u sieve) tested for radioactivity
SEASONAL.
• Société Jersiaise Ornithology Section conduct monthly brent goose counts and fortnightly wader counts during the winter from November through to April.
• Bathing waters are monitored by the Environment Department for a period of 20 weeks over the main tourist bathing season (Total coliform, faecal coliform and faecal streptoccoci, plus other physical and chemical parameters in compliance with EC Bathing Water Directive)
CONTINUOUS.
• Jersey's Environment Department monitor usage of the site, commercial fisheries landings, recreational activity, farmed shellfish production, all imports and exports of farmed shellfish, occurrence and frequency of rare fish sightings and occurrence and frequency of fish kills.
• Sightings and mortalities of marine mammals recorded by the Zoology Section of the Société Jersiaise and the States of Jersey Environment Department.
• Société Jersiaise Ornithology Section bird ringing project ongoing”
PML note that “Jersey continues to demonstrate a high commitment to its international obligations regarding protection of the biodiversity resources associated with all its Ramsar sites, both for Jersey and as part of the international network of countries which have similar and interconnected responsibilities for biodiversity protection.”
3. Long term monitoring for potential contamination of marine biota from a land reclamation site at La Collette, Jersey
Research: A monitoring programme established to measure possible contamination of the marine biota from the storage of incinerator ash at the Waterfront reclamation site (east of St Aubin’s Bay) was established in 1993 and has continued to date.
It uses three different marine bio-monitors exhibiting differing feeding regimes and a series of sampling sites located throughout the south and south-east coast. One sampling site, initially termed Havre des Pas, is close to the La Collette reclamation site. The monitoring programme is thus considered adequate to answer whether possible contamination of the marine biota has occurred as a result of the La Collette reclamation site.
The data collected to date has been analysed to determine whether any site specific contamination was occurring at La Collette. A significant correlation existed between samples taken adjacent to La Collette and the two distant sampling sites (Corbiere and Gorey). This suggests that no localised pollution from the La Collette reclamation site is occurring.
Positive correlations may exist between sites (sites may show the same overall trend), even though La Collette data is higher than neighbouring area. Significant differences between sites was therefore determined.
The mean concentration at La Collette of chromium, lead and zinc were all significantly higher in limpets (and also Fucus for zinc) than Corbiere. However, apart from zinc no significant difference was noted for the concentration of these elements between La Collette and Gorey. Equally, the concentration of cadmium was significantly higher at Corbiere for both limpets and Fucus) than La Collette (and also at Gorey for limpets).
Comparison of the concentration of these trace metals in neighbouring sites indicated that higher levels were found at a site to the West of the Elizabeth Marina. This suggest that the source of these trace metals is not La Collette.
The significantly higher concentrations noted for La Collette are within cited levels for the Irish Sea and Southampton Waters.
Current Position: In summary the data analysis provides no statistical evidence that any contamination of the sea from the reclamation site at La Collette is producing a build up of trace metals in the soft tissue of the common limpet (Patella vulgata) or the serrated seaweed (Fucus serratus) within the adjacent coastal area.
4. Freshwater Outfalls
P&E regularly sample all outfalls along the east coast to identify any intermittent sewage discharge. Sampling is also undertaken following storm rain events to identify occurrences of overflowing cesspit tanks, slurry application etc. These works have been particularly important during 2008 and 2009 in attempting to provide explanations for recently evidenced higher levels of E.coli and norovirus in shellfish.
Current Position: To date and despite extensive sampling and analysis, P&E have found no conclusive evidence of the source of the E.coli or norovirus found in shellfish. Works are ongoing to sample outfalls and undertake work with the shellfish industry and TTS to attempt to determine this.
Regulation
1. Application to discharge waters from the Energy from Waste construction site.
TTS Operations: Due to the requirement for a deep excavation to be made on the construction site which would reduce working levels to those below the high tide line, on 3 March 2009 a discharge permit application was received from SBC Limited, a contractor to TTS, to discharge settled and treated brackish water from the excavations for the new Energy from Waste Plant at La Collette.
Before any application for a discharge permit is determined the Water Pollution Law provides for a public consultation process and the Minister must consider representations made during the consultation. The application can be either approved with stringent conditions attached or refused.
Current Position: Following discussions between TTS and P&E, an alternative method of disposal is now being prepared for, including a larger scale settlement system which will be used prior to the removal of the resultant waters to sewer rather than by direct discharge to the marine environment. If the proposed method is acceptable, it is likely that the application to discharge to controlled waters will be withdrawn.
It should be noted that Planning and Environment in its role as regulator of the Water Pollution Law are currently undertaking an investigating into a possible breach of this law at the La Collette site which may have contributed to temporary and localised discolouration of the adjacent sea.
2. Liquid escape from ruptured containment membrane at La Collette.
TTS Operations: On Friday 13th March Planning and Environment Officers were called by Transport and Technical Services (TTS) staff who advised them that there had been an escape of liquid from the direction of an Ash cell on site at La Collette into a newly excavated service trench. They were concerned about the possibility of the leak worsening and any potential impact the situation may have on surrounding controlled waters, specifically the Ramsar site area to the east of the reclamation site.
On attendance at the site P&E officers determined that there was no visible pollution to the marine environment which was some distance away and that seepage from the direction of the ash cell was contained either in the trench or in the surrounding soils. The Officers attended in their capacity as regulators of the Waste Management (Jersey) Law 2005 and the Water Pollution (Jersey) Law 2000.
During the course of the site visits, it became apparent that no pollution to controlled waters or breaches of the Waste Management (Jersey) Law 2005 had occurred.
Current Position: A remediation plan has been submitted to P&E officers in order that works may now go ahead to repair the membrane.
3. Impact of engineering intrusion into the reclamation site at La Collette
Engineering works at La Collete have created void spaces that are being inundated by the sea due to the porous nature of the site which is essentially a rock armour wall lined with a geo-textile membrane and then unfilled with inert waste. This process has been happening since the site was created hence the monitoring programme described at (3) above, however additional sampling has been undertaken to examine if there are any causes for concern.
Sampling for heavy metals has taken place on the seaward side of the rock armour walls adjacent to the excavation both on a falling tide and at low water. Comparison samples were taken from the excavation pit itself and from the North Coast.
Whilst elevated levels of heavy metals were found in the excavation itself there is no evidence that this is causing pollution in the adjacent sea as the samples taken there al showed levels at or below the limits of detection. This sampling programme continues.
4. Sewage Treatment Works (STW)
Background: Transport and Technical Services (TTS) operate the Bellozanne Sewage Treatment Works (STW) under an agreed Discharge Permit (DC/2000/07/01) with regard to the discharge of treated sewage effluent. This discharge consent is granted under the provisions of the Water Pollution (Jersey) Law 2000 and is regulated by P&E.
TTS carry out their own sampling and testing for operational purposes to ensure that the plant is operating effectively but in the role of regulator of the Water Pollution (Jersey) Law 2000, the Planning and Environment Department take regular samples and this is prescribed under the conditions of the discharge permit. For the purposes of the Discharge Permit, samples are collected from the Ultra Violet treatment plant prior to discharge into the Bellozanne culvert / stream. Twenty-four such samples are taken at random intervals every year. General samples are collected from the out fall and receiving waters respectively.
The most recent version of TTS’s discharge permit specified a relaxed standard for total nitrogen to allow for further engineering works at the Works. During this period however, the Works failed the relaxed discharge limits and it was decided that the most appropriate enforcement action was to issue a Formal Warning Letter (in accordance with the departmental Investigations Manual) to the Department and this was dated 3 August 2006.
When the relaxed standards expired a more stringent standard for total nitrogen came into force and for the period 1 July 2006 to 31 December 2006, the Works passed on three parameters BOD COD and suspended solids but again failed to meet its Total Nitrogen standard for this period.
Following further discussions with P&E, TTS provided in mitigation, a comprehensive report on the history of the Plant, the costs incurred to date trying to solve the problem and future actions planned. In addition, it was agreed that TTS should commission at their cost, The Centre for Research into Environment and Health (CREH), University of Wales, to undertake a survey of all nitrogen inputs into St Aubin’s Bay and to quantify the environmental risks associated with these inputs.
TTS subsequently applied for a variation to the Certificate but P&E decided not to process this application until the above-mentioned report had been received from CREH as it would inform the decision making process.
During this period the STW continued to fail its discharge consent limits. TTS continued to instigate measures to lower the Nitrogen value, but this had knock on effects to other parameters of the discharge. P&E then further required that TTS submit a report detailing all actions taken and proposed, aimed at minimising loading on the plant and ultimate discharge into St Aubin’s .
As a result of these discussions, a second formal warning letter was sent to TTS on 21 October 2008 relating to the failure to comply with total nitrogen limits for the calendar year 2007 on Discharge Certificate DC/2000/07/01 for the Bellozanne Sewage Treatment Works.
Current Position: Discussions have been had in respect of TTS’s proposed engineering mitigation including timescales and anticipated improvements to the discharge. (These issues were later formalised in a letter to the Director of Environment of 11 February 2009). This letter proposed the following activities would be completed
• First Tower pumping station modifications. Two new pumps were procured in 2008, and two further pumps will be procured in 2009. A bid for a new control panel with variable speed drive will be requested from the Department’s 2010 capital allocation.
• Works liquor returns. Due to be carried out in 2009.
• Cavern cleaning system. To be carried out in 2009.
• Selector zone. To be carried out in 2009.
• Purchase of pellets from Japan.
5. Sewerage system
Another by-product of the Sewerage System is that occasional discharges of untreated sewage and rainwater may occur from pumping stations along the east coast. These are caused by storm rain events when the capacity of pumping stations and the cavern is exceeded due to large volumes of surface water. The Environment Division regulate these discharges through separate discharge permits issued to TTS. The discharge permit stipulates that TTS must inform the Environment Division within 24 hours of any storm or emergency sewage spillage from any pumping station.
The Cavern itself is designed to discharge in times of storm flow once full to capacity and again this is permitted under a separate discharge consent. In 2007 the total duration was for 7 hours 4 minutes, in 2008 it discharged for 36 hours 7 minutes and to date in 2009, it has discharged for 8 hours.,
6. Planning: The Island’s coastline is designated a Marine Protection Zone from the Mean High Water mark to the extent of the territorial limits and there is a presumption against development of these areas. This means therefore, that if development is to be allowed, an Environmental Impact Assessment must be undertaken by the applicant.
7. Dumping at Sea / Burials at Sea: These activities are regulated under Jersey’s Food and Environmental Protection Act legislation by P&E. Permits are required if it is proposed that materials associated with construction or dredging are to be placed on the sea bed. Similar permits and authorisations are required for burials at sea.
Advisory
1. Marine Litter: Fisheries officers have reviewed the issue of marine plastic litter through ongoing marine monitoring of the Island’s coastal waters. They have recognised that there is a significant problem of disposal of wastes at sea from boat users. In order to tackle this they have worked with Parish of St. Helier waste collectors and Harbours to provide disposal facilities in harbour as part of Jersey’s commitment to the “Fishing for Litter” initiative prompted by the British Irish Council.
2. Beach Cleaning: P&E, working through the ECO - ACTIVE scheme are now working with local charities and businesses to undertake periodic “Beach Clean ups”. These tie in with annual coastal monitoring surveys carried out by the Marine Conservation Society.
gov.je