This report has been cleared for submission to the Board by the Karen Creed Dated: d/ 1t/t Q OFFICE OF CLIMATE, LICENSING & RESOURCE USE.

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1 To: DIRECTORS II I From: Aoife Loughnane Environmental Licensing Programme 11 Date: 30fhNovember 2010

RE: Application for a Waste Water Discharge Licence from County Council for the agglomeration, Reg. No. D0125-01

Schedule of discharge licensed: Discharges from agglomerations with a population equivalent of 2,001 to 10,000. Licence application received: 22/09/2008 Notices under Regulation 18(3)(b) issued: 09/02/2009 Information under Regulation 18(3)(b) received: 17/04/2009 Notices under Regulation 20(1): 15/10/2010 Information under Regulation 20(1) received: 22/10/20 10 Site notice check: 13/10/2008 (Martin Kerr, OEA) Site visit: 23/01/2009 Submissions Received: Two 1. Agglomeration

This application relates to the Buncrana agglomeration, the largest town on the lnishowen Peninsula in North-East Donegal. Buncrana was the centre of textile and clothing manufacture in Donegal until recent years. Fruit of the Loom International Ltd. held an IPPC Licence for a textile manufacturing plant which has now ceased operations (Reg. PO227-01 surrendered on 16'h July 2008). The town has an established tourism industry as a centre for golf, water sports and other activities. The existing population equivalent (p.e.) of the agglomeration is 6,549 p.e. This is predicted to rise to 8,800 p.e. by the year 2026. The breakdown of waste water sources is approximately 78% domestic and 22% commercial/institutional. There is no industrial waste water input to the waste water treatment plant (WWTP). Table 1: Population Equivalent (taken from lnishowen Sludge Treatment Centre Preliminary Report)

I Domestic I 5,156 I 78% I I Commerciat/lnstitutional I 1,393 I 22% I I Total 6,549 100%

Page 1 of 12 The WWTP has been operational since 1991at a design capacity of 13,200 p.e. The original design figures included a major industrial loading which no longer exists, i.e., Fruit of the Loom. Waste water flows up to 50 litres/second (3xDWF) receive preliminary treatment by screening, comminuting and grit removal prior to primary settlement in two circular radial flow tanks. There is no secondary or tertiary treatment at Buncrana WWTP. Treatment of primary sludge is provided by thickening, dewatering and digestion. Storm water flows (>3xDWF) are screened at the WWTP inlet works, and overflow via a weir to a grit channel and onwards to the outfall pumping station, where the flow is combined with treated waste water (primary discharge). The combined discharge is pumped via a 500m pipeline to discharge into coastal waters. The agglomeration is below the 10,000 p.e. threshold for discharges to coastal waters, at which the ELVs specified in the Urban Waste Water Treatment Regulations apply (25:125:35 mg/l for B0D:COD:SS respectively). For agglomerations under this threshold, ‘appropriate treatment’ was required by 31’‘ December 2005, as specified in Article 7 of the Regulations. The term ‘appropriate treatment’ is defined in the Regulations as ‘treatment of urban waste water by any process and/or disposal system which after discharge allows the receiving waters to meet the relevant quality objectives and the relevant provisions of the Directive and of other Community Directives’. Therefore, as long as the discharge from Buncrana WWTP does not have a significant negative impact on receiving water quality, the current treatment process is considered to represent appropriate treatment. Donegal County Council plan to upgrade Buncrana WWTP to provide secondary treatment. The upgrade will take place in two stages; the stage 1design capacity is 8,800 p.e. for the year 2026 and stage 2 design capacity is 13,200 p.e. Under the UWWT Regulations, secondary treatment is required for agglomerations greater than 10,000 p.e., therefore secondary treatment is proposed for the WWTP upgrade. Buncrana sewerage scheme is included in the Water Services Investment Programme 2010 - 2012 as a scheme at planning stage, under the Towns & Villages Bundle 1(Buncrana, , , Milford, , Rathmullen, ). An EIS for the WWTP upgrade and satellite sludge dewatering centre was certified by An Bord Pleanala in August 2008. I have consulted with the DoEHLG Inspector for waste water services in Donegal. Donegal County Council has not yet submitted a Preliminary Report to DoEHLG for approval. It is not predicted that the agglomeration will expand to >10,000 p.e. within the lifetime of the waste water discharge licence, i.e., 6 years. Secondary treatment will only be required when the agglomeration exceeds 10,000 p.e. Therefore, the RL authorises the discharge from the existing primary WWTP, and the upgrade to secondary treatment is not specifically required under the RL. 2. Discharges to Waters

Primary Discharqe The primary discharge (SW1) is a 500m submerged sea outfall pipeline from the WWTP into Lough Swilly coastal waters. The discharge pipeline terminates in a 15 port diffuser which is below the low tide mark. Even at low tide there is at least 5.5m of water above the diffusers. The WWTP influent and effluent composite monitoring results for 2009 are shown in Table 2 below. At present the treatment is only primary level and this is considered all that is required to meet the UWWT Regulations standards as the agglomeration is below 10,000 p.e. discharging to coastal waters. Typical removal efficiencies for primary settlement (without chemical addition) are 25% for BOD and 60% for suspended solids. The 2009 monitoring results show the WWTP is performing well in this regard, with on average 29% BOD removal and 74% suspended solids removal.

Page 2 of 12 Table 2: Buncrana WWTP influent & effluent composite monitoring results 2009 Parameter BOD mg/l COD mg/l SS mg/l Average Influent 154 447 210 Average Effluent 109 231 55 Average removal rate 29% 48% 74% Maximum Influent 316 985 588 Maximum Effluent 315 447 82 Proposed ELVs in RL __ __ 85

The RL sets a limit of 85 mg/l suspended solids on the primary discharge, based on the maximum discharge from the WWTP in the 2007-2009 period. Condition 4.15 and Schedule B.l of the RL requires the licensee to carry out monthly monitoring of influent and effluent cBOD, COD and suspended solids in order to measure the mass loadings and removal efficiencies within the WWTP. The main concerns regarding the primary discharge are the potential impacts on Lough Swilly’s designated bathing and shellfish waters. These issues are discussed in section 3 of this report. Secondary Discharges There are no secondary waste water discharges from the agglomeration. Storm Water Overflows (S WOs) There are six SWOs from the agglomeration; SW2 & SW3 on Castle Avenue, SW4 & SW5 on Road, SW6 at WWTP inlet works and SW7 at Westbrook pumping station. With the exception of SW6, the overflows do not comply with DoEHLG criteria for SWOs. In particular, SW7 has been identified as a source of pollution of the Crana River by the Northern Regional Fisheries Board (now Inland Fisheries Ireland) and Buncrana Anglers Association, who have both made submissions outlining concerns about this overflow (see section 12 of this report). The National Urban Waste Water Study Catchment Report for Buncrana (2004) identifies that this overflow causes pollution during periods of heavy rain and recommends that “Additional stormwater holding capacity is required at Westbrook Pumping Station. Alternatively a new pumping station is required on Cockhill Road to relieve Westbrook Pumping Station”. Schedule C.3 requires the upgrade of the existing SWOs to comply with DoEHLG criteria, and the provision of adequate storm water holding capacity at Westbrook pumping station, by 31’‘ December 2012. Emeruency Overflows (€Os) There are five pumping stations in the agglomeration; Westbrook, The Pier, Ludden, Derry Road and the WWTP outfall pumping station. Each station is equipped with duty & assist pumps and emergency overflow (EO) devices which activate in the event of pump malfunction or power failure. The overflow from Westbrook pumping station has been re- designated from an EO to a SWO (SW7) on the basis that the overflow is activated due to rainfall events and a lack of pumping capacity to deal with storm flows. The programme of infrastructural improvements required under Condition 5 of the RL includes an assessment of all EOs to determine the effectiveness of their operation.

Page 3 of 12 3. Receiving waters and Impact

Buncrana is situated on the eastern shore of Lough Swilly, which is approximately 3.5km wide at this point and is linked to the open sea to the north. This section of the lough experiences a relatively high level of mixing due to wind, wave and tidal effects. The following table summarises the main considerations in relation to Lough Swilly. Table 3. Receiving w, ?rs ~ Characteristic Classification Comment Receiving water Lough Swilly Coastal waterbody name and type Crana River, Mill River and Jacobs Rivers flowing through Buncrana before Stream entering Lough Swilly. These are the receiving waters for SWOs from the sewer network.

Resource use Aquaculture Designated shellfish waters located 1.6km west of SW1.

Amenity value Bathing & recreational waters Blue Flag beaches & traditional bathing areas.

Applicable UWWT Regulations Appropriate treatment required as Regulations <10,000 p.e. discharging to coastal waters Bathing Water Regulations Compliant at all bathing waters: Lady’s Bay: 700m east of SW1 Lisfannon: 1.6km south-eastof SW1 : 4.5km south-westof SW1 : 11.5km north-westof SW1. Shellfish Waters Regulations Designated area is 1.6km west of SW1. Environmental 0bjectives See Table 4 below. Regulations Designations Lough Swilly SAC & SPA E PA monitoring Lough Swilly Station LS200 located 1.2km west of stations sw1. Trophic status Unpolluted TSAS 2007-2009assessment WFD status High WFD obiective is to protect high status WFD risk category 2b - Not at risk Note 1: Urban Wa Water Treatment Regulations, 2001(S.I. NI !54 of 2001) as amended. Note 2: Bathing Water Quality Regulations 2008, 5.1. No. 79 of 2008. Note 3: Quality of Shellfish Waters (Amendment) Regulations 2009, S.I. No. 55 of 2009 Note 4: European CommunitiesEnvironmental Objectives (Surface Waters) Regulations 2009, S.I. No. 272 of 2009. The EPA’s Office of Environmental Assessment (OEA) undertakes monitoring of Lough Swilly under the Water Framework Directive monitoring programme. Lough Swilly is rated as unpolluted trophic status and ‘High’ status under the Water Framework Directive. I have consulted with Georgina McDermott, OEA, in relation to water quality in Lough Swilly. She has provided the 2006-2009 data from the OEA’s estuarine and coastal water monitoring programme, which is summarised in Table 4 below. Monitoring station LS200 is located approximately 1.2km west of Buncrana’s primary discharge. Overall, the OEA’s field observations confirm that the primary discharge is not having a significant adverse effect on water quality in Lough Swilly. There was one high BOD reading of 7.6 mg/l at this station in June 2008 (cause unknown). There was also a higher reading than normal of Chlorophyll of 12 mg/m’ in September 2008 but this was probably due to the autumn bloom, a natural phenomenon.

Page 4 of 12 Table 4. Results of EPA monitoring (2006 - 2009) at station LS200

18/02/09 I 14.5 I 33.84 I 99.8 I 0.75 I 0.17 I 10 I 2 I

17/08/06 16 34.5 100.4 __ 0.02 4.99 2 04/07/06 0 33.72 94.2 1.49 0.085 4.99 2 04/07/06 16 34.13 98.4 __ 0.085 4.99 2 Coastal -- -- 95%ile >80% -- 0.17 __ 5 EQS Note ' (lower limit) (high status (median) ~120%(upper 8134.5 psu) and 10 limit) Note 2 (90%ile)

1 (>10,000 p.e.), Milford, Newtowncunningham, Ramelton and Rathmullan (1,001- 2,000 p.e.), Kilmacrennan and (500 - 1,000 p.e.).

Page 5 of 12 Foreshore Licence

A foreshore licence was granted by the Minister for Communications on gthMarch 1987 for the reclamation of part of the foreshore to construct Buncrana WWTP and five outfall pipes (the primary discharge into Lough Swilly and four sewer network overflows into tidal stretches of the Crana and Mill Rivers). Under Regulation 45(1) of the Waste Water Discharge (Authorisation) Regulations 2007 and 2010, where the Agency decides to grant a waste water authorisation and a foreshore licence has been granted in relation to the same discharge, any conditions attached to the foreshore licence shall, in 50 far as they are for the purposes of preventing environmental pollution, cease to have effect. 4. Site Visit

I visited the Buncrana agglomeration on 23/01/2009 and met with representatives of Donegal County Council. I visited the WWTP, the outfall pumping station and Westbrook pumping station. The WWTP appeared to be operating effectively and the overflow from Westbrook pumping station was not active during the visit. 5. Ambient Monitoring

Schedule 6.4 of the RL sets the requirements for ambient monitoring of Lough Swilly. Where such ambient monitoring results are available from the OEA (EPA), the Marine Institute or other organisation, the licensee may submit those results in fulfilment of the requirements. Schedule 6.4 also requires the licensee to report on the results of bacteriological monitoring undertaken at Lady’s Bay and Lisfannon under the requirements of the Bathing Water Regulations. Schedule D of the RL requires an annual summary report on ambient water quality pursuant to the requirements of the Shellfish Waters Directive. 6. Combined Approach

The Waste Water Discharge Authorisation Regulations 2007 and 2010, specify that a ‘combined approach’ in relation to licensing of waste water works must be taken, whereby the emission limits for the discharge are established on the basis of the stricter of either or both, the limits and controls required under the Urban Waste Water Treatment Regulations (S.I. No. 254 of 2001) and the limits determined under statute or Directive for the purpose of achieving the environmental objectives established for surface waters, groundwater or protected areas for the water body into which the discharge is made. The RL as drafted gives effect to the principle of the Combined Approach as defined in S.I. No. 684 of 2007. 7. Discharges from agglomerations with no treatment or insufficient treatment

The current level of treatment at Buncrana WWTP is considered ‘appropriate treatment’ in terms of the level of treatment necessary to protect the receiving water quality. Condition 3.2 of the RL requires that the Water Services Authority shall take such measures as are necessary to ensure that no deterioration in the quality of the receiving waters occurs. 8. Programme of Improvements

The main infrastructural improvement necessary is the upgrade of Westbrook pumping station overflow in order to protect water quality in the Crana River. The RL requires the upgrade of all SWOs to comply with DoEHLG criteria, and the provision of adequate storm water holding capacity at Westbrook pumping station by 31’‘ December 2012. The upgrade of Buncrana WWTP to secondary level treatment is included in the WSlP 2010- 2012 as a scheme at planning stage. The stage 1design capacity is 8,800 p.e. for the year 2026. It is not predicted that the agglomeration will expand to 710,000 p.e. within the lifetime of the waste water discharge licence, i.e., 6 years. Secondary treatment is required under the UWWT Regulations when the agglomeration exceeds 10,000 p.e. Therefore, the proposed upgrade to secondary treatment is not specifically required under the RL.

Page 6 of 12 9. Compliance with EU Directives

In considering the application, I have had regard to the requirements of Regulation 6(2) of the Waste Water (Discharge) Authorisation, Regulations 2007 and 2010, notably: Water Framework Directive 12000/60/ECI The RL transposes the requirements of the Water Framework Directive. Those limits specified in the RL are set with the aim of protecting Lough Swilly’s high water quality status. European Communities Environmental Obiectives (Surface Water) Regultaions 2009, S.I. No. 272 of 2009 Lough Swilly is currently achieving high status. The RL requires that there will be no deterioration of the receiving water quality as a result of the waste water discharges. Urban Waste Water Treatment Directive 191/271/EECI The agglomeration is below the 10,000 p.e. threshold for discharges to coastal waters, at which the ELVs specified in the UWWT Regulations apply. For agglomerations under this threshold, ‘appropriate treatment’ was required by 31” December 2005. Buncrana complies with the UWWT Regulations, insofar as appropriate treatment (priman/ treatment in this case) was provided by 31’‘ December 2005. Drinking Water Directive The Buncrana agglomeration discharges to coastal waters. Therefore, there are no water abstraction points downgradient of the discharge and the above regulations do not apply. EC Freshwater Fish Directive 12006/44/ECI Neither the Crana River, Mill River or Jacob’s stream are designated salmonid waters. Nonetheless, the Crana River contains populations of salmon, brown trout and sea trout. Two submissions have been received (see section 12) regarding the impact of the overflow from Westbrook pumping station on the Crana River. The RL requires the upgrade of all SWOs to comply with DoEHLG criteria by 31” December 2012. Sensitive Waters Lough Swilly has not been classified as ‘sensitive’ under the UWWT Regulations, and consequently nutrient removal is not a requirement at Buncrana WWTP. Neither the Crana River, Mill River or Jacob’s stream are classified as ‘sensitive’ under the UWWT Regulations. Therefore, the criteria for SWOs discharging to sensitive areas (as set out in section 3.3 of Procedures and Criteria in relation to Storm Water Overflows, DoEHLG, 1995) do not apply. Bathing Water Directive 12006/7/EC1

Name location relative to Description Water Quality Blue Flag primary discharge (2010 bathing Status season)

Lady’s Bay, 700m east of SW1 Small beach within the Good status Buncrana I town I No I Lisfannon 1.6km south-eastof SW1 Long sandy beach, Good status Yes major recreational beach Rathmullan 4.5km south-westof SW1 2km long sandy beach Good status No Portsalon I 11.5km north-westof SW1 1 Extensive sandv beach I Good status I Yes I

Page 7 of 12 In the Agency’s report on ‘The Quality of Bathing Waters in lreland 2009’’all bathing waters in were deemed to comply with EU Mandatory and Guide Values (Good Quality) and National standards. Schedule B.4 Ambient Monitoring of the RL requires the licensee to report on the results of bacteriological monitoring at the two closest bathing waters, Lady’s Bay and Lisfannon, under the requirements of the Bathing Water Regulations. Shellfish Waters Directive 12006/113/ECl The primary discharge is located approximately 1.6km east of Lough Swilly’s designated shellfish waters, which were designated under the European Communities (Quality of Shellfish Waters) (Amendment) Regulations 2009 (S.I. No. 55 of 2009). Mussels and oysters are the bivalve shellfish produced and harvested in Lough Swilly. The bivalve mollusc production areas in Lough Swilly are classified as ‘Class B’ meaning that shellfish may be placed on the market for human consumption only after treatment in a purification centre or after relaying so as to meet the health standards for live bivalve molluscs laid down in the EC Regulation on food safety (No. 853/2004). Sea Fisheries Protection Authority monitoring of shellfish flesh for food hygiene purposes indicates faecal contamination in this shellfish area. The Lough Swilly Pollution Reduction Programme 2009 (PRP) under the Shellfish Waters Regulations identifies water quality issues with faecal contamination and chromium levels within / in the vicinity of this shellfish growing area. Buncrana WWTP is amongst the key pressures identified in the PRP, along with seven other WWTPs which discharge into Lough Swilly’ and the 15,673 on-sitewaste water treatment systems in the catchment. There is currently no water quality standard for faecal coliforms in shellfish waters. The guide value of 5300 fc/100ml applies to the shellfish flesh (Shellfish Waters Regulations S.I. No. 268 of 2006). In the absence of water quality standards for faecal coliforms, a definitive assessment cannot be made at this stage on whether the waste water discharges from Buncrana WWTP are negatively impacting on the shellfish area. Condition 5.6 of the RL requires the licensee to carry out an assessment of the impact of the discharges on the microbiological quality (including viruses) of the shellfish in Lough Swilly. A report on the assessment shall be submitted to the Agency within 18 months of the grant of licence. Donegal County Council are required to consult with the DoEHLG, Sea Fisheries Protection Authority, the Marine Institute and An Bord lascaigh Mhara. Where the assessment indicates that there is or will be a deleterious effect, Donegal County Council shall provide secondary waste water treatment and install UV disinfection or other appropriate disinfection system at Buncrana WWTP (Condition 5.7). Dangerous Substances Directive 12006/11/ECI The applicant has provided once-off sampling results for dangerous substances in the primary discharge. The measured concentrations show minor exceedences of the Environmental Objectives Regulations standards for ‘specific pollutants’ toluene (11.7 pg/l compared to lOpg/l) and zinc (41.5pg/l compared to 40pg/l). However, the Environmental Objectives Regulations specify ambient standards which apply to receiving waters and are not directly applicable to the primary discharge. Donegal County Council states there is no known source of toluene in the agglomeration (it is widely used in paint as a thinner and is a minor constituent of fuel), and the most probable source of zinc is run-off from galvanised sheeting used in buildings as roofing and cladding material. They have agreed to carry out further analysis under the terms of the waste water discharge licence. Condition 4.11 of the RL requires an investigation of the sources of dangerous substances in the agglomeration and requires the Council to take such measures as are necessary to minimise the discharge of dangerous substances from the waste water works.

Page 8 of 12 Birds Directive 179/409/EECI & Habitats Directive 192/43/EECI Lough Swilly is a Natura 2000 site, i.e., a designated Special Area of Conservation (SAC) under the Habitats Directive and a Special Protection Area (SPA) under the Birds Directive. The primary waste water discharge is directly into the SAC. The SPA is located at Rathmullan, 5km south-westof the primary discharge. Donegal County Council carried out a stage 1screening assessment under Article 6(3) of the Habitats Directive on the likelihood of significant effects of the waste water discharge on the Natura 2000 site. The assessment was completed having regard to the Agency’s Waste Water Discharge Licensing Appropriate Assessment Guidance Note and the DoEHLG circular L8/08 ‘Water Services Investment and Rural Water Programmes - Protection of Natural Heritage and National Monuments’.

The qualifying interests that were identified as being potentially affected by the WWTP discharge are estuaries, coastal lagoons, the Otter, Bar-tailedGodwit, Great Northern Diver, Slavonian Grebe and Golden Plover. The applicant concluded that a stage 2 appropriate assessment was not required as the discharges from the agglomeration are not having a significant impact on these qualifying interests. The RL, as drafted, will provide a high level of protection to the designated sites, as it will ensure that all discharges from the agglomeration are provided with an appropriate level of treatment. Environmental Liabilities Directive 12004/35/EC1 Condition 7.2 of the RL satisfies the requirements of the Environmental Liabilities Directive in particular those requirements outlined in Article 3(1) and Annex Ill of 2004/35/EC.

10. Cross-office liaison I have consulted with Georgina McDermott, OEA, in relation to water quality in Lough Swilly. She has provided the OEA’s estuarine and coastal monitoring results, which were used in my assessment of the licence application. I have consulted with the OEE Water thematic team regarding the level of treatment provided at Buncrana WWTP. They are in agreement that, in this case, primary treatment is considered ‘appropriate treatment’ as per the UWWT Regulations, on the basis of the agglomeration being <10,000 p.e. discharging to coastal waters which are classified as unpolluted trophic status and high status under Water Framework Directive, and all bathing waters are compliant with the EU Mandatory and Guide Values (Good Quality) and National standards. Advice and guidance issued by the Technical Working Group (TWG) was followed in my assessment of this application. This advice is prepared through a detailed cross-office co- operative process, with the concerns of all sides taken into account. The Board of the Agency has endorsed the advice and guidance issued by the TWG for use by licensing Inspectors in the assessment of wastewater discharge licence applications. 11. Compliance

As a discharge to coastal waters from an agglomeration of <10,000 p.e., Buncrana complies with the UWWT Regulations insofar as ‘appropriate treatment’ was provided by 31’‘ December 2005.

Page 9 of 12 12. Submissions Two submissions were received in relation to this licence application. (i) Harry Lloyd, CEO, Northern Regional Fisheries Board, IfhOctober 2008. The NRFB express their concern about the overflow from Westbrook pumping station. This overflow discharges to a freshwater section of the Crana River, upstream of a number of angling pools. The Crana is a salmonid river (although not designated by statute), containing populations of salmon, brown trout and sea trout and the protection of this faunal assemblage is of importance. The Swilly Water Quality Management Plan recognises that combined sewage discharges to the lower reaches of the Crana are having an ’intermittent impact’ and this was also referred to in the €PA Biological Survey of River Quality 1998. The NRFB have been in regular contact with Donegal County Council since 1987 regarding waste water overflow events and the need for such overflows to be fully addressed. They recognise that overflows mainly occur during heavy rainfall events and that improvements have been made at Westbrook pumping station which has reduced the number of overflow events. However, large residential connections have been made to the network serviced by this particular pumping station and overflows still occur, into a particularly sensitive section of the Crana. The NRFB believe that further improvements can be identified and implemented to reduce overflow events even further. Such improvements may include measures such as the provision of an emergency storm tank, the establishment of a programme to address infiltration, and elimination of illegal connections.

Applicant’s comments: In their Regulation 18 response, Donegal County Council states that upgrade work has been completed on Westbrook Pumping Station. Prior to the upgrade, the pumps delivered a maximum output of 18 litres/sec. These pumps gave problems with overheating and tripping during wet weather. A set of 3 alarms alerted staff to faults at the station via 24-hour manned control centre. As part of the upgrade works, new pumps were installed which deliver a maximum output of 25 litres/sec. The station now has 12 alarms (3 alarms on each pump) and is inspected twice weekly, with records kept on file and within a SCADA system. The station is wired for a generator to provide power to the pumps during power failures. There were no faults at the station in 2009 and very few since the upgrade took place. Donegal County Council proposes to install a storm tank to deal with the ‘first flush’ storm flows. Work has been done to remove storm water from the sewer system. All new developments have separate surface water drainage networks. Response: The RL specifies the following requirements in relation to SWOs: 0 Condition 4.12 requires an investigation of SWOs and an assessment to determine compliance with DoEHLG criteria, with a report to be submitted as part of second AER. The assessment is to be repeated every 3 years and the licensee must maintain written records of all assessments and remedial measures undertaken;

0 Under the programme of infrastructural improvements, Condition 5.2(b) requires an assessment of the integrity of the waste water works having regard to, amongst other items, infiltration by surface water and misconnections between foul sewers and surface water drainage network;

0 Condition 5.2(c) requires an assessment of all SWOs to determine the effectiveness of their operation and in particular to identify improvements necessary to comply with the requirements of the RL. The improvement works shall include the provision of adequate storm water holding capacity at Westbrook pumping station to minimise the impact of overflow SW7 on the Crana River; and

Page 10 of 12 Schedule C.3 requires the upgrade of any non-compliant SWOs to comply with DoEHLG criteria, and the provision of adequate storm water holding capacity at Westbrook pumping station, by 31'' December 2012.

(ii) Sean McChrystal, Chairperson, Buncrana Anglers Association, 6'h November 2009. Buncrana Anglers Association (BAA) hold the sporting rights to the Crana River and are the point of contact for visiting/tourist anglers. They have been in contact with Donegal County Council regarding the overflow of raw sewage from Westbrook pumping station since 1988. They believe that matters have not improved substantially since that time, and that Donegal County Council remain in breach of their responsibilities under the Waste Water Discharge (Authorisation) Regulations 200 7. BAA received confirmation from the Northern Regional Fisheries Board (NRFB) in February 2006 of the works planned for Westbrook pumping station. The principle developments were to be as follows; a new flow meter on the pumping main, upgrading of the existing pumps, station to be alarmed, and the construction of an overflow tank at the station, to commence in 2007. BAA have since been made aware of a report by Donegal County Council to the NRFB which details the improvements made up to September 2008. These can be summarised as; 3 new pumps were installed, station flow meter and high level monitoring service have been provided, a mobile generator is available, manned 24-hour control centre is in operation, and the Council propose to construct an emergency storm tank. The Council identify that 2 overflows occurred between May and September 2008. With respect to the information provided to BAA, they wish to make the following submissions: While new pumps and alarms have been installed, they are not competent to cope with heavy prolonged rain or flash flooding, both of which occur regularly in this area.

Donegal County Council were only aware of 2 overflows in the period May to September 2008, and yet BAA can confirm there were 8 overflows between May and August 2009. This supports BAAS belief that the alarm switch on the high level overflow was disconnected for a period due to overtime costs for the frequent call outs. BAA believe that more than 2 reported overflows occurred in the period May to September 2008. The proposed emergency storm tank or overflow tank has not been constructed; at present it is almost 3 years behindschedule. The mobile generator is not on site and has rarely been used at this station. BAA state that it is extremely embarrassing to their members when visiting anglers complain of wading waist high in pools, only to be caught up in a swirling flood of wastewater. A spate river is best fished just after a flood, and the Crana River is an unsanitary, polluted place to be at that time. There has also been a marked change in the river fauna; otters have moved away from the river and are now only seen occasionally in the lowest tidal stretch of river, two pairs of dippers previously present are now absent, kingfishers have not been spotted on the river for the past few years.

Response: Donegal County Council are not in breach of their responsibilities under the Waste Water Discharge (Authorisation) Regulations 2007 and 2010, insofar as a waste water discharge licence application was made to the Agency for the Buncrana agglomeration by the prescribed date of 22"dSeptember 2008.

Page 11 of 12 As outlined in the response to the NRFE submission above, the RL specifies the following requirements in relation to SWOs: Condition 4.12 requires an investigation of SWOs and an assessment to determine compliance with DoEHLG criteria, with a report to be submitted as part of second AER. The assessment is to be repeated every 3 years and the licensee must maintain written records of all assessments and remedial measures undertaken; Under the programme of infrastructural improvements, Condition 5.2(b) requires an assessmen$,of the integrity of the waste water works having regard to, amongst other items, infiltration by surface water and misconnections between foul sewers and surface water drainage network; Condition 5.2(c) requires an assessment of all SWOs to determine the effectiveness of their operation and in particular to identify improvements necessary to comply with the requirements of the RL. The improvement works shall include the provision of adequate storm water holding capacity at Westbrook pumping station to minimise the impact of overflow SW7 on the Crana River; and Schedule C.3 requires the upgrade of any non-compliant SWOs to comply with DoEHLG criteria, and the provision of adequate storm water holding capacity at Westbrook pumping station, by 31'' December 2012.

13. Charges

The RD sets an annual charge for the installation at €3,460 and is reflective of the monitoring and enforcement regime being proposed for the agglomeration.

14. Recommendation

I recommend that a Final Licence be issued subject to the conditions and for the reasons as set out in the attached Recommended Licence.

Signed

Aoifk Loughdane Inspector Environmental Licensing Programme

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