Water Quality Dispensation: Jersey New Waterworks Company Limited

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A decision made 2 December 2016:

Decision Reference: MD-PE-2016-0158
Decision Summary Title :	Dispensation for water quality parameters granted under Article 13(1) of the Water (Jersey) Law 1972 as Amended		Date of Decision Summary:	02/12/16
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 :	Dispensation for water quality parameters granted under Article 13(1) of the Water (Jersey) Law 1972 as Amended		Date of Written Report:	02/12/16
Written Report Author:	Director of Environmental Protection		Written Report : Public or Exempt?	Public
Subject: Dispensation 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 for the Environment granted dispensation for water quality parameters (nitrate) 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 dispensation for water quality parameters granted under the Water (Jersey) Law 1972 as Amended will expire on 31 December 2016. The renewal of this dispensation will cover the period 01 January 2017 to 31 December 2021. The dispensation is 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 dispensation.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Water Quality Dispensation: Jersey New Waterworks Company Limited

Department of the ENVIRONMENT

Dispensation 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 the Environment (The Minister) is requested to:

Grant the application for dispensation of water quality parameters, with conditions, for the period 01 January 2017 to 31 December 2021.

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 dispensation from Jersey Water for nitrate was received, in writing, by The Minister on 23 September 2016.

Under Article 13(1) of the Law as Amended, The Minister may grant an application for dispensation if, and 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. Jersey Water has limited influence on the sources of high levels of nitrate in the water it receives and utilises for public supply. The general trends in surface water streams and groundwater are now showing a slow reduction in levels of nitrate with episodic spikes associated with periods of high rainfall. This may demonstrate early signs of improvement in agricultural practice and nutrient management. All parties recognise retaining the existing dispensation levels indefinitely is unsustainable and that continued dispensations will not act as a driver for further improvement. The conditions are prescribed below:

PARAMETER: Nitrate (NO3)

MAXIMUM ALLOWABLE CONCENTRATION (MAC): 50 mg/l

DETAILS OF DISPENSATION

PERIOD OF DISPENSATION: 1st January 2017 to 31st December 2021

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 streams 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 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. Residual pesticides in raw waters, including the legacy pesticide oxadixyl, adds a further layer of complexity to the Company’s decision making when blending available water resources.

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 a major exceedance 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 that he is supportive of the application for an extension of the existing dispensation to 31 December 2021. The Minister for Health and Social Services encourages the Minister for the Environment to continue with his efforts to drive down avoidable nitrate and pesticide use using the regulatory and advisory tools available to him, with the aspiration that no further dispensations will be required after this one.

Long-term solutions

Water Management Plan 2017-2021

The Water Management Plan for Jersey is in the process of being finalised for Ministerial and States approval before the end of 2016. The Plan identifies and addresses one of the key water challenges of nutrients (Nitrates and Phosphates) by providing the Minister with regulatory and advisory tools to ensure appropriate and sustainable use of nutrients by land managers. Measures include those identified as best practice across Europe in addition to specific ‘appropriate for Jersey’ measures recommended by Departmental advisors and the former Nitrate Working Group. Appropriate amendments to the principal legislation will enable the implementation of Part 3 of the Water Pollution (Jersey) Law, 2000 by providing the Minister with the ability to introduce Water Management Orders to prevent, control, reduce or eliminate the pollution of controlled waters by diffuse pollutants such as nitrate Stakeholders have engaged with the Plan extensively throughout its development.

Action for Cleaner Water Group

The Action for Cleaner Water Group, which includes key agricultural stakeholders and Jersey Water continues to improve and develop local agri-environmental practices to reduce diffuse nutrient and pesticide pollutants in water. Work carried out by the UK firm Audax on behalf of the Jersey Farmers Union, includes voluntary changes, initially by key players in the potato industry, to encourage more efficient use of inorganic fertilisers.

Recommendation

The Minister:

Grants the application for dispensation of water quality parameters, with conditions, for the period 01 January 2017 to 31 December 2021.

Written by: Director Environmental Protection

Approved by: Director for Environment, Deputy Chief Officer

Ministerial Decision ref: MD-PE-2016-0158~~XXX~~

02 December 2016