KCC Application to EPA for WWDL, Ballymore Eustace
SUBMISSION TO THE ENVIRONMENTAL PROTECTION AGENCY
PO Box 3000,
Johnstown Castle,
Co. Wexford,
Re: Application by Kildare County Council for a Waste Water Discharge Licence for the Ballymore Eustace Waste Water Treatment Plant discharge into the River Liffey.
(Register No. D0238-01)
The Ballymore Eustace Trout and Salmon Anglers’ Association wishes to make the following submission on Kildare County Council’s application (in accordance with the Waste Water Discharge (Authorisation) Regulations 2007) to the Environmental Protection Agency for a Waste Water Discharge Licence (WWDL) in respect of the discharge from Ballymore Eustace Waste Water Treatment Plant into the River Liffey.
The Association feels that there is something wrong in Kildare County Council applying for a WWDL for a proposed new sewage treatment plant that has not yet been sanctioned by the Department of the Environment. We believe that Kildare County Council should have to apply for a WWDL for the existing overloaded Sewage Treatment Plant at The Strand, Ballymore Eustace. The EPA would have no option but to refuse such a licence and in so doing would highlight Kildare County Council’s negligence for many years in not providing proper sewage treatment facilities in Ballymore Eustace and for allowing raw sewage to pollute the River Liffey upstream of the abstraction point to a large drinking water supply plant at Leixlip. What is the status of the existing discharge if Kildare County Council is not seeking a licence for same? Is it now an illegal discharge in accordance with the Waste Water Discharge (Authorisation) Regulations 2007?
The Association has for over thirty years been asking Kildare County Council to upgrade the existing sewage treatment plant at the Strand, Ballymore Eustace but without any success. The sewage plant regularly discharges raw sewage into the Liffey at Ballymore Eustace Bridge and a sewage fungus has built up downstream of the discharge point. We are therefore hopeful that the Department of the Environment will sanction the construction of the proposed new Waste Water Treatment Plant at the Kimmeens, Ballymore Eustace and put an end to the present disgraceful discharge into the Liffey.
We are concerned however about the combined effects of the Wicklow County Council’s Blessington Waste Water Treatment Plant discharging into Golden Falls Lake just upstream of Ballymore Eustace village and Kildare County Council’s proposed WWTP discharging into the Liffey at Ballymore Eustace. The flow of the River Liffey at Ballymore Eustace is controlled under the terms of the Liffey Reservoir Act 1936 which allows the ESB to release “compensation water” up to 1.5 cubic metres per second when the level in Poulaphouca Reservoir is below “low water level” i.e 581ft O.D. The ESB may, if it suits their purpose, also shut off the flow of the Liffey completely. However, under normal circumstances (i.e. water level in Poulaphouca Reservoir above 581ft O.D.), the ESB releases 1.5 cubic metres of water per second to maintain the flow of the Liffey and when generating electricity at Golden Falls Hydro Electricity Generating Station the ESB releases 30 cubic metres of water per second referred to locally as ‘flood water’. There are therefore, only two flows to the Liffey at Ballymore Eustace, 1.5 m3/sec and 30 m3/sec. For the past three years 2006, 2007 and 2008 the ESB has released a flow of 1.5 m3/sec. for 91.54%, 86.53% and 79.32% of the time respectively, and this includes the two extremely wet years of 2007 and 2008. Dublin City Council are presently constructing a massive upgrade and extension of their Water Treatment Plant at Ballymore Eustace that will allow them to abstract 318 million litres of water per day (70 m.g.d.) from Poulaphouca Reservoir, so it is likely that the percentage times for a release of 1.5 m3/sec to maintain the flow of the Liffey will increase in future years. It is imperative therefore that the assimilative capacity of the Liffey at Ballymore Eustace is based on a flow of 1.5 cubic metres per second.
(Note: On Thursday 9th April 2009 the flow of the Liffey was completely shut off due we were informed by the ESB to a power failure at Poulaphouca Power Station which in turn tripped Golden Falls Power Station. It appears that the valve which discharges the compensation flow to the river closed and could not be reopened by remote control from Turlough Hill. The ESB had to send a staff member to Golden Falls to reopen the valve manually to get the Liffey flowing again. While it is perfectly legitimate under the Liffey Reservoir Act 1936 for the ESB to shut off the flow of the Liffey, how can this be allowed to happen? A ‘fail-safe’ system must be installed as a matter of urgency. To allow anybody to shut off the flow of the Liffey must be unconstitutional and be in breach of the Water Framework Directive and the Habitats Directive)
The Association is totally opposed to the Applicant, on page 24 of the Design Report, using the mean river flow to calculate the assimilative capacity of the Liffey in terms of phosphorus. The Molybdate Reactive Phosphorus (MRP) concentration reported under the Phosphorus Regulations Quality Standards for Rivers, is a median value, not a mean value and the two values can differ significantly. Using the same formula as the Applicant to determine the waste assimilative capacity of the Liffey at Ballymore Eustace using 1.5 m3/sec as the river flow gives the following result.
WAC = (Cmax – Cback) X F95 X 86.4
WAC = Waste Assimilative Capacity (kg/d)
Cmax = Maximum Concentration (mg/l)
Cback =Background Concentration (mg/l)
F95 = 95 Percentile Flow (m3/s)
86.4 = Conversion Constant
WAC = (0.03 – 0.01) x 1.5 x 86.4 kg/d MRP
= 2.59 kg/d MRP
The Association believes that since a MRP concentration of 0.03 mgP/l would only achieve a Biological Quality (Q) Rating / Q Index of 4, (S.I. No.258 of 1998) a more ambitious target, i.e. Q Index 4 – 5, should be the aim. This would lead to the following calculation:
WAC = (0.02 – 0.01) x 1.5 x 86.4 kg/d MRP
= 1.3 kg/d MRP
Examining the Ortho-Phosphate (mgP/l) figures in Wicklow County Council’s Water Analysis of Golden Falls Lake for the first six months of 2007 it appears to the Association that a background MRP concentration of 0.01 mgP/l is too conservative and a more likely figure is 0.015. This would change the above examples of Waste Assimilative Capacity for Phosphorous to 1.94 kg/d and 0.65 kg/d respectively. The Association, therefore believes that the Applicant’s Waste Assimilative Capacity figure of 10 kg/d Total Phosphorus for the River Liffey at Ballymore Eustace is erroneous and dangerously too high. Also, analysis submitted by the Applicant for water samples taken from Ballymore Eustace Upstream of the present Sewage Plant on the 13/11/08 and 23/11/08 show Ortho Phosphate concentrations of 0.05 mgP/l and 0.04 mgP/l respectively, and would lead one to believe that the Waste Assimilative Capacity of the Liffey at Ballymore Eustace has already been used up by Blessington WWTP discharging into Golden Falls Lake.
The Association is also concerned that the concentration of Total Phosphorus in Golden Falls Lake for the first six months of 2007 averaged 0.11 mgP/litre, and is off the radar with regard to the Phosphorus Regulations, Water Standards for Lakes (S.I. No. 258/1998). Also, analysis of samples taken from the River Liffey at Ballymore Eustace Upstream of the present sewage treatment plant discharge point on the 13th and 23rd November 2008 and submitted by the Applicant show Total Phosphorus concentrations of 0.09 mgP/l and 0.07 mgP/l respectively.
Since the beginning of March 2009 (at least) the Liffey at Ballymore Eustace is polluted with an algae growth, which the Association believes is being caused by nutrients from the Blessington WWTP discharge into Golden Falls Lake. While we are hopeful that this scum like algae is not having a detrimental affect on the spawning gravels or aquatic fly life, it is seriously reducing the recreational value of the Liffey and is unacceptable.
The Association respectfully requests the EPA to consider the combined effects the Blessington WWTP and the proposed Ballymore Eustace WWTP will have on the water quality of the River Liffey before issuing a Waste Water Discharge Licence. We also request the EPA to set strict upper limits with regard to Phosphorus discharges from the WWTP. A comprehensive monitoring programme of the WWTP and the Liffey downstream of the discharge point must be put in place. Anglers retrieve lines by hand through the water and often eat sandwiches at the riverside so it is important that Faecal Coliforms and Total Coliforms counts are carried out, and in the interest of health and safety, all results must be made available to the public on a monthly basis via the internet or by some other easily accessible means.
______________________________
Gary Bolger,
Honorary Secretary,
Ballymore Eustace Trout and Salmon Anglers’ Association
Barrack Street,
Ballymore Eustace,
Co. Kildare.
22nd April 2009
The Eastern Regional Fisheries Board (ERFB) sent in a submission dated 3rd September 2009. The EPA on the 30th September 2009 requested Further Information from Kildare County Council and the Council replied dated 28th January 2010.
As part of threir reply Kildare County Council stated as follows "(ii) Kildare County Council has submitted an updated Assessment of Needs for "Water Services Investment Programme 2010 - 2012" to the DoEHLG (on 23/10/09). Included in this assessment is the new WWTP for Ballymore Eustace, which has been identified as a needs priority for some time. The estimated project cost is €2.5m. The scheme is currently being processed under the Serviced Land Initiative Programme and there is recognition of the possibility that this project may need to transfer to the main capital investment projects list having regard to current funding shortfalls.
The EPA granted a WWDL for the Ballymore Eustace Sewage Treatment on February 2011. The Licence specifies that the sewage treatment plant must be operational by December 2012.
Comparison of Discharge Parameters, Proposed New Plant and Old Plant (mg/l)
| Parameter | Proposed new WWTP | Old WWTP (Average 2007-2008) |
| BOD | 25 | 181 |
| COD | 125 | 504 |
| Total Phosphorus (as P) | 2 | 8 |
| Ortho Phosphorus (as P) | 1 | 4 |
| Ammonia (as N) | 5 | 28 |
| Suspended Solids | 25 | 228 |
The Ballymore Eustace Trout and Salmon Anglers sent the following letter to various relevant authorities.
Ballymore Eustace Trout and Salmon Anglers’ Association
Broadleas,
Ballymore Eustace,
Co. Kildare
28th February 2011
Mr. William Walsh,
Inland Fisheries Ireland,
15a Main Street,
Blackrock,
Co. Dublin.
Dear Mr. Walsh,
The EPA has issued a Waste Water Discharge Licence dated 17th February 2011 to Kildare County Council for the sewage treatment plant in Ballymore Eustace. The Ballymore Eustace Trout and Salmon Anglers’ Association has for almost forty years requested Kildare County Council to upgrade the sewage treatment plant in Ballymore Eustace but without success. The Association therefore, is pleased that a new sewage treatment plant is to be constructed and also with the conditions set down in the WWDL.
The Association is also pleased that the EPA Inspector dealing with the WWDL application has vindicated our concerns about water quality in the River Liffey at Ballymore Eustace which were made know for many years and on many occasions to all the relevant authorities dealing with the River Liffey. Despite all the assurances to the contrary, the truth has finally emerged and the EPA Inspector tells us in her Report under the heading “Assimilative Capacity” that “At the design emission limit value (25 mg/l), there is no assimilative capacity in the receiving water for BOD based on the quality standards under the European Communities Environmental Objectives (Surface Water) Regulations, 2009, (S.I. No. 272 of 2009).
Table 3.0 highlights that the 95%ile upstream concentration of BOD (6 mg/l) is already in breach of S.I. No. 272 of 2009 before consideration of the WWTP discharge contribution.
Also that “There is no assimilative capacity in the receiving water for orthophosphate based on the quality standards under the European Communities Environmental Objectives (Surface Water) Regulations, 2009, (S.I. No. 272 of 2009).
Tables 3.0 highlights that the 95%ile upstream concentration of orthophosphate (0.203 mg/l) is already in breach of S.I. No. 272 of 2009 before consideration of the WWTP discharge contribution.”
Again, “There is no assimilative capacity in the receiving water for ammonia based on the 95%ile quality standard under the European Communities Environmental Objectives (Surface Water) Regulations, 2009, (S.I. No. 272 of 2009).
Table 3.0 shows that 95%ile concentration upstream of ammonia (0.99 mg/l) is already in breach of S.I. No. 272 of 2009 before consideration of the primary discharge contribution.”
This is a terrible indictment of all the authorities operating on the upper Liffey. Despite publishing the Water Quality Management Plan for the Liffey Catchment back in 1993 and the Three Rivers Project Report in 2002, the Liffey at Ballymore Eustace is still in breach of European Communities Environmental Objectives (Surface Water) Regulations, 2009, (S.I. No. 272 of 2009). Based on our past experience and in the knowledge that past performance by the authorities is the best indicator of future performance, how can the Association have confidence that the Eastern River Basin District Management Plan and Programme of Measures will be implemented? For example, are there any concrete proposals to collect and treat sewage from the villages around Poulaphouca Reservoir such as Kilbride, Lacken, Ballynockan and Valleymount?
The Association considers the “notionally clean river” concept contained in the EPA Inspectors report as an ‘Irish solution to an Irish problem.’ It is akin to telling a dumper that if the illegal dump wasn’t there in the first place, then his bag of rubbish would be acceptable or telling the litter lout that if the street or roadway wasn’t littered in the first place then his plastic container or wrapper would be acceptable.
While it may not be “the role of the Wastewater Discharge Licence to address these other pollutant sources” the Association is disappointed that the Wastewater Discharge Licence Office did not feel obliged to pass on the polluted state of the Liffey and the breach of the European Communities Environmental Objectives (Surface Water) Regulations, 2009, (S.I. No. 272 of 2009) for investigation to the relevant section of the EPA.
However, overall the Association is very pleased with the WWDL and wish to thank the Inspector for telling it as it is. Let all the authorities now get together and rid the Liffey at Ballymore Eustace of pollution once and for all.
Yours sincerely,
________________________________
Thomas Deegan
Honorary Treasurer.
This letter has been sent to the following:
EPA Regional Inspectorate
Office of Climate, Licensing & Resource Use, EPA
Mr. Michael Malone, County Manager, Kildare County Council
Mr. Joe Boland, Director of Services, Kildare County Council
Mr. Eddie Sheehy, County Manager, Wicklow County Council
Mr. Bryan Doyle, Director of Services, Wicklow County Council
Mr. John Tierney, City Manager, Dublin City Council
Mr. Tom Leahy, Deputy City Engineer, Dublin City Council
Mr. Ray Earle, Project Coordinator, ERBDMP
Mr. Padraig McManus, C.E.O. Electricity Supply Board
Mr. William Walsh, Inland Fisheries Ireland
