Water (Jersey) Law: Dispensations for water quality parameters

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A decision made on 16 December 2013:

Decision Reference: MD-PE-2013-0142
Decision Summary Title :	Dispensations for water quality parameters granted under Article 13(1) of the Water (Jersey) Law 1972 as Amended		Date of Decision Summary:	13/12/13
Decision Summary Author:	Director of Environmental Protection		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Dispensations for water quality parameters granted under Article 13(1) of the Water (Jersey) Law 1972 as Amended		Date of Written Report:	13/12/13
Written Report Author:	Director of Environmental Protection		Written Report : Public or Exempt?	Public
Subject: Dispensations for water quality parameters granted to The Jersey New Waterworks Company Limited (Jersey Water) under Article 13(1) of the Water (Jersey) Law 1972 as Amended.
Decision(s): The Minister grants dispensations for water quality parameters to Jersey Water under Article 13(1) of the Water (Jersey) Law 1972 as Amended as set out in the recommendation of the attached report. The Minister approves the scheme for monitoring of the dispensation parameters provided with the application under Article 13(1) of the Water (Jersey) Law 1972 as Amended.
Reason(s) for Decision: The existing dispensations for water quality parameters granted under the Water (Jersey) Law 1972 as Amended will expire on 31 December 2013. The renewal of these dispensations will cover the period 01 January 2014 to 31 December 2016. The dispensations are necessary to maintain a supply of water for domestic purposes. The Minister has consulted with the Minister for Health and Social Services
Resource Implications: Nil
Action required: As soon as reasonably practical, give public notice in the Jersey Gazette of the terms of the dispensations (Article 18 of the Water (Jersey) Law 1972 as Amended). As soon as reasonably practical, notify the Minister for Health and Social Services in writing of the terms and conditions of the dispensation (Article 19(2) of the Water (Jersey) Law 1972 as Amended). Inform Jersey Water to confirm granting of the dispensations.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Water (Jersey) Law: Dispensations for water quality parameters

PLANNING AND ENVIRONMENT DEPARTMENT

ENVIRONMENT DIVISION

Dispensations for water quality parameters granted under Article 13(1) of the Water (Jersey) Law 1972 as Amended

(Public)

Purpose of the Report

The Minister for Planning and Environment (The Minister) is requested to:

Grant the application for dispensation of water quality parameters, with conditions, for the period 01 January 2014 to 31 December 2016.

Background

Under Article 12(1) of the Law as Amended, The Jersey New Waterworks Company Limited (Jersey Water) may in writing apply for a dispensation from the requirements of paragraph 2 of the Schedule of the Law subject to a number of conditions including:

that the dispensation is necessary to maintain a supply of water for domestic purposes;

that a supply of water for those purposes cannot be maintained in the specified areas by any other reasonably practicable means; and

that the supply of water in accordance with the dispensation does not constitute a potential danger to human health.

An application for dispensations from Jersey Water for nitrate (and nitrite) was received, in writing, by The Minister on 20 August 2013.

Under Article 13(1) of the Law as Amended, The Minister may grant an application for dispensation if, but only if, the Minister is satisfied that each of the conditions detailed above is established.

Under Article 19(1) of the Law as Amended, where any human health or public health related issues arise in relation to applications for dispensations, The Minister is required to consult with The Minister for Health and Social Services. This consultation has been undertaken.

Discussion

The dispensation levels for nitrate (and nitrite) have been in place since 1 January 2004 (the date of enactment of the Law amendments). The Maximum Allowable Concentration (MAC) over that period has remained constant given the limited influence Jersey Water has on the sources of high levels of nitrate in the water it receives and utilises for public supply. The general trends in surface and groundwater are now showing a slow reduction in levels of nitrate with episodic spikes associated to periods of rainfall. This may demonstrate the early signs of improvement in agricultural practice and nutrient management. All parties recognise retaining the existing dispensation levels indefinitely is unsustainable and will not act as a driver for further improvement. In addition to Jersey Water applying for a reduced MAC, the Regulator has developed further conditions to tighten the requirements of the dispensation. The conditions are prescribed below:

PARAMETER: Nitrate (NO3)

MAXIMUM ALLOWABLE CONCENTRATION (MAC): 50 mg/l

DETAILS OF DISPENSATION

PERIOD OF DISPENSATION: 1st January 2014 to 31st December 2016

AREA OF SUPPLY: Whole Island distribution area

PERCENTAGE OF REGULATORY SAMPLES ABOVE THE MAXIMUM ALLOWABLE CONCENTRATION (50mg/l) ALLOWABLE PER ANNUM: 33%

DISPENSATION CONDITIONS:

For any year,

a) Regulatory samples must not exceed the maximum allowable concentration (50mg/l) for six months of the calendar year;

b) No regulatory sample shall exceed 65 mg/l;

c) No more than 15% of regulatory samples shall exceed 55 mg/l; and

d) No more than 33% of regulatory samples shall fail to satisfy the formula [nitrate]/50 + [nitrite]/3 < 1, where the square brackets signify the concentrations in mg/l for nitrate (NO3) and nitrite (NO2) respectively.

Where any breach of the Maximum Allowable Concentration occurs the Company are required to provide details of the nitrate levels in the sources that were available to them at that time and any actions taken to minimise the concentration of nitrate in supply in a manner to be agreed with the Regulator.

This dispensation can be modified or revoked in accordance with Article 16 of the Law

The current situation

Jersey Water is mainly reliant on the collection and storage of surface water and thus does not always have the means of blending surface and sub-surface waters in order to comply with the requirements of paragraph 2 of the Schedule of the Law. Levels of nitrates in source water in the Island are related to rainfall. At certain times of year there is insufficient variation in the quality of available water resources to enable the effective blending of source water to achieve the MAC of 50mgl-1 for nitrate.

Jersey Water has instigated various measures to reduce the concentration of nitrates, including online monitoring at water resource sites to enable blending of source water at critical times. Jersey Water have also commenced scoping a significant piece of work with ADAS, in partnership with the Department, to examine and model leaching characteristics of nitrates in Jersey soils which will inform our understanding of the mechanism for transport of nitrates into water and support potential measures to control or reduce it.

Health implication

As required under Article 19(1), The Minister has consulted on the human or public health related issues arising from the dispensations with the Minister for Health and Social Services.

Nitrate represents the major exceedence of a health-based guideline value. It is recognised that Jersey Water is unable to control the cause of nitrate in its source water and that subsequent interventions to reduce concentrations are limited.

The Minister for Health and Social Services has confirmed the proposed conditions are acceptable and represent a far tighter control of nitrate levels than previous dispensations.

Long-term solutions

Diffuse pollution project (DPP)

The pilot DPP was instigated by the Department following the previous dispensation approval. Over the last dispensation period the DPP has evolved from being a pilot project to an Island wide initiative with a number of the measures being linked directly to agricultural subsidies (Single Area Payments (SAP) and Quality Milk Payments (QMP), through cross-compliance requirements. The agricultural industry has actively engaged throughout the project, working together with the Department to deliver environmental improvements. Measures have included farmer training, on farm interviews, nutrient and soil management planning, the introduction of a closed slurry period and an online “farm risk map”.

Whilst it would be premature to assume the DPP has led to the decline in levels of nitrate in surface and groundwaters and decoupling of water quality and area under potates, the general improvements in agricultural environmental practice should deliver a range of environmental, social and economic benefits to the industry and the Island. The DPP will continue through the existing mechanisms of cross-compliance as well as the Integrated Catchment Plan for Jersey described below.

Integrated Catchment Management Plan (ICMP)

Following the MTFP (Medium Term Financial Plan) debate, funding became available to instigate one of the key recommendations of the ‘protecting our marine environment’ Scrutiny review, the implementation of appropriate elements of the EU Water Framework Directive. Environmental Protection have commenced the project, which will deliver a Catchment Management Plan for Jersey for the period 2016-2020. The Catchment Management Plan approach will set out the Island’s objectives and aspirations for the water environment, prioritise activities (measures to deliver those objectives) and be more transparent about what is realistic to achieve. It will offer a chance to re-think managing water from a wider perspective and will recognise that the most realistic and sustainable approaches will be those decisions not only based on water and environmental services, but also on economic and cultural considerations. This approach will also assist in better identifying and targeting measures and focusing resources on activities that are likely to result in the best environmental improvement. Nitrate levels in surface and groundwater will be one of those significant water management issues and Jersey Water will be a key consultee in the process.

Regulation under the Water Pollution (Jersey) Law,2000

Long-term solutions for reducing nitrate in source water, through better land management and use, may also be achieved through the implementation of Water Catchment Management Areas under Article 14 of the Water Pollution (Jersey) Law 2000. This regulatory approach would have significant implications for industry and the Island as a whole and any decision to follow this approach will require careful consideration

Recommendation

The Minister:

Grant the application for dispensation of water quality parameters, with conditions, for the period 01 January 2014 to 31 December 2016.

Written by: Dr Tim du Feu, Director Environmental Protection

Approved by: Mr William Peggie, Director for Environment, Deputy Chief Officer

Ministerial Decision ref: MD-PE-2013-XXX

13 December 2013