Water pollution law will start to be effective from October

It is the latest part of the 2004 Environmental Pollution law to be enacted, following the regulation of waste operations in 2010 and air pollution in 2019.

This ordinance provides for the first time for the licensing of discharges of trade effluent or sewage effluent into inland waters or the sea and the establishment of water quality standards for surface water and groundwater.

It will replace the 1989 Prevention of Pollution Law.

Among the changes is a review of pollutants levels in surface and groundwater. Some have been brought into line with UK maximum levels, while others, such as arsenic, zinc and boron, have been removed from the list as they are unlikely to be a problem locally.

The change will also give the Environmental Health director the power to enter premises to take action to deal with water pollution or the risk it could take place.

An updated list of what is defined as polluting works has been drawn up.

Licence fees will cover the cost of the new prescribed operations relating to discharges of trade effluent or sewage effluent. The costs of administering other new provisions would be met from normal departmental budgetary allocations.

Environment & Infrastructure president Lindsay de Sausmarez said in the policy letter that they were aware that implementing and administering the ordinances would generate considerable extra workload, requiring additional staff time.

‘[The Environmental Health director] currently does not have the staff resources to be able to do so alongside his other functions and other functions carried out by the same officers at the Office of Environmental Health and Pollution Regulation,’ she said.

‘Failing to have qualified and competent staff in place ready to discharge the duties required by the 2004 Law could lead to detrimental impacts on the environment and failure to discharge statutory duties with associated reputational damage both to the DEHPR and the States of Guernsey and also to increased risk of challenge by way of judicial review.’

One officer was recruited to discharge the waste functions when they were enacted in 2010, but no other staff were appointed in relation to the air pollution functions when new rules came in during 2019.

Environmental Health is asking for a full-time member of staff, with a focus or specialism relating to the water environment.

Licence fee money is proposed to be used to offset the cost of a new full-time role.

If extra resources are required at a later stage, fees could be increased.

The ordinance is set to mostly come into force on 3 October, with some sections coming in on 3 April 2023.

Law brings ‘modernised water pollution legislation’

ENVIRONMENTAL HEALTH and Pollution Regulation director Dr Tobin Cook has welcomed the introduction of the water pollution law.

‘The commencement of the ordinance will be a positive step that provides modernised water pollution legislation for Guernsey,’ he said.

‘It will introduce a licensing regime for discharges of trade and sewage into inland waters or the sea and it will set water quality standards for surface water and groundwater.’

He said there would be a six-month transitional period for certain provisions.

‘Guidance documents are being drafted and will be on the States’ website.

‘Any trades or organisations that are affected should already have been consulted on the changes and further engagement is planned when the guidance is released and before the commencement of the ordinance.’