THE ENVIRONMENTAL OBJECTIVES REQUIRED BY THE WATER FRAMEWORK DIRECTIVE AND THE GROUNDWATER DIRECTIVE, APPLICABLE FOR BANAT HYDROGRAPHICAL AREA

Rosu Alina Letitia, Rosca Adrian Ioan National Administration “Apele Romane”, Banat Water Directorate Timisoara, [email protected], [email protected]

Abstract

The Water Framework Directive is the most substantial piece of water legislation and will provide the major driver for achieving sustainable management of water in the EU Member States for many years to come. It requires that all waters within defined river basin districts must reach at least good status by 2015 and defines how this should be achieved through the establishment of environmental objectives. The components of the Water Framework Directive dealing with groundwater cover a number of different steps for achieving good (quantitative and chemical) status by 2015. Article 17 of the Water Framework Directive includes the strategies to prevent and control pollution of groundwater. The new Groundwater Directive is created for groundwater protection against pollution under the Water Framework Directive. The groundwater directive complements the Water Framework Directive. The new groundwater directive establishes a regime which sets underground water quality standards and introduces measures to prevent or limit inputs of pollutants into groundwater. The directive establishes quality criteria that takes account local characteristics and allows for further improvements to be made based on monitoring data and new scientific knowledge. Member States will have to establish the standards at the most appropriate level and take into account local or regional conditions. For the purposes of assessing the groundwater chemical status in accordance with Article 4, the following groundwater quality standards will be the quality standards referred to in Table 2.3.2 in Annex V to Directive 2000/60/EC and established in accordance with Article 17 of that Directive. The delineation of groundwater body was made only on the area on which exist significant aquifers for water abstraction (water abstraction is higher than 10 m3/day). A body is “at risk” if one of the criteria concerning pressures and/or impact is achieved. If no criteria are achieved then the body is “without risk”. In the case that the data for the evaluation of risk are missing, then the body is considered “possible at risk. The underground water bodies are at risk due to the historical sources, like animal breeding farms which now are not in use any more and also due to actual sources which are located in vulnerable areas. It became obvious the necessity of implementation of the new concept of integrated monitoring of waters with triple integration: of areas and investigation field and also of elements / components which are surveyed: biologic, hydro morphologic and physical-chemical. Like a constant fact in the process of characterisation of waters has to be underlined the lack of data regarding chemical and biological monitoring. The main goal of this analysis is to asses the status of groundwater and to identify if the water bodies “at risk“, which are not going to reach the environmental objectives, could be rehabilitation in order to the environmental objectives established.. Keywords: groundwater bodies, the old Groundwater Directive (80/68/EEC), the new Groundwater Directive (2006/118/EC), protection of groundwater against pollution, environmental objectives

1 GENERAL CONSIDERATIONS

The Water Framework Directive 2000/60/EEC is the most substantial piece of water legislation ever produced by the European Commission, and will provide the major driver for achieving sustainable management of water in the EU Member. It requires that all inland and coastal waters within defined river basin districts must reach at least good status by 2015 and defines how this should be achieved through the establishment of environmental objectives and ecological targets for surface waters. The result will be a healthy water environment achieved by taking due account of environmental, economic and social considerations. The components of the Water Framework Directive dealing with groundwater cover a number of different steps for achieving good (quantitative and chemical) status by 2015. They require Member States to define groundwater bodies within River Basin Districts to be designated and reported to the European Commission by Member States. They must classify them by analyzing the pressures and impacts of human activity on the quality of groundwater with a view to identifying groundwater bodies presenting a risk of not achieving WFD environmental objectives. The Groundwater Directive (80/68/EEC) was prepared on December 17th, 1979 for the protection of groundwater against pollution caused by certain dangerous substances. This Directive provides a protection framework by preventing the direct discharge of high priority pollutants (List I) and subjecting the discharge of other pollutants (List II). For these issues, prior investigation and an authorization procedure are necessary on a case-by-case basis. Also, monitoring is required only for specific cases and is not generally required for all groundwater bodies. In addition to the rules in Directive 80/68 on the protection of groundwater against pollution caused by certain dangerous substances, groundwater protection is also a feature of the Water Framework Directive (2000/60 - WFD) which is the basic legislation for the protection of Europe’s aquatic environment. Article 17 of the WFD includes the strategies to prevent and control pollution of groundwater. Within this context, the European Parliament and the Council shall adopt specific measures to prevent and control groundwater pollution by defining criteria on good chemical status and on quality trends. The EU “New” Groundwater Directive (2006/118/EC) - is created for groundwater protection against pollution under the Water Framework Directive. The European Commission adopted a proposal for a new Directive to protect groundwater from pollution on 19th September 2003 (COM(2003)550) and finally accepted the directive on December 12, 2006.

River Basin Management Plan is the most important tool for the implementation of the Water Framework Directive 2000/60/UE. The Plan for Banat Hydrographical Area, whose goal is the achievement of the “good status” for water until 2015 in order to bring the same conditions of life from the water point of view for all the citizens, has to fit into the Romanian National Management Plan, which will be included into Danube District Management Plan (PMDHD). 1.1. Banat Hydrographical Area and groundwater bodies

Banat Hydrographical Area covers a surface of 18,393.15 km2 with a length of the river network of 6,245 km. The relief is characterized by equilibrium between lowlands, mostly developed in the North West of Banat Hydrographical Area, and hilly and mountain areas, developed in South East of the area; with a continental - temperate climate with Mediterranean influences (the mean annual temperature fluctuates between -2°C and 11°C) and mean annual precipitations fluctuate between 600 mm and 1400 mm per year. On about 30% of the river network the drought phenomena are developed and there is an attention about the groundwater sources for drinking. Due to the economical development between 1960 and 1989, the water quality decreased very much comparative with the reference state from 50’s. After 1989, the state of water quality improved due to the decline of socio-economic activities and of appliance of economical mechanism in water field, including “the polluters-pays” principle. The identification and delineation of groundwater bodies was made taking into account the following criteria: • geologic; • hydrodynamic; • the qualitative and quantitative state of water body. The delineation of groundwater body was made only on the area on which exist significant aquifers for water abstraction (water abstraction is higher than 10 m3/day). In the Banat Hydrographical Area 18 groundwater bodies have been delineated, from which 5 are trans-boundary groundwater bodies (Figure no.1). The evaluation of the risk of failure to reach the good status for water bodies take into account the criteria for the identification of pressures and the criteria for the impact evaluation. The evaluation was made considering: • pollution with organic substances; • pollution with nutrients; • pollution with priority substances/dangerous substances; • hydro morphological alterations. The underground water bodies are at risk due to the historical sources, like animal breeding farms which now are not in use any more and also due to actual sources which are located in vulnerable areas. The entire hydrographical area is designated nutrient-sensitive area in concordance with the Position Document agreed between Romania and European Community. The perimeters of 14 localities from Banat Hydrographical Area have been designated as nitrates vulnerable areas from agricultural sources (Figure no.2). The most important municipalities in these areas are: , , Gataia, , Giulvaz, Jebel, Masloc, , , Pischia, Sag, , Tormac, . Figure 1. Ground water bodies Figure 2. Nitrates vulnerable areas

1.2. Groundwater Directive 2006/118/EC

The new groundwater directive establishes a regime which sets underground water quality standards and introduces measures to prevent or limit inputs of pollutants into groundwater. The directive establishes quality criteria that takes account local characteristics and allows for further improvements to be made based on monitoring data and new scientific knowledge. The directive thus represents a proportionate and scientifically sound response to the requirements of the Water Framework Directive (WFD) as it relates to assessments on chemical status of groundwater and the identification and reversal of significant and sustained upward trends in pollutant concentrations. Member States will have to establish the standards at the most appropriate level and take into account local or regional conditions. The groundwater directive complements the Water Framework Directive. It requires: - groundwater quality standards to be established by the end of 2008; - pollution trend studies to be carried out by using existing data and data which is mandatory by the Water Framework Directive (referred to as "baseline level" data obtained in 2007-2008); - pollution trends to be reversed so that environmental objectives are achieved by 2015 by using the measures set out in the WFD; - measures to prevent or limit inputs of pollutants into groundwater to be operational so that WFD environmental objectives can be achieved by 2015; - reviews of technical provisions of the directive to be carried out in 2013 and every six years thereafter; - compliance with good chemical status criteria (based on EU standards of nitrates and pesticides and on threshold values established by Member States). For the purposes of assessing the groundwater chemical status in accordance with Article 4, the following groundwater quality standards will be the quality standards referred to in Table 1 like in Annex V to Directive 2000/60/EC and established in accordance with Article 17 of that Directive: Table 1 Quality standards required by GWD for all Member States Nitrates 50 mg/l

Active substances in pesticides, 0,1 μg/l including their relevant metabolites, 0,5 μg/l (total) (b) degradation and reaction products (a)

(a) pesticides’ means plant protection products and biocidal products as defined in Article 2 of Directive 91/414/EEC and in Article 2 of Directive 98/8/EC, respectively. (b) ‘Total’ means the sum of all individual pesticides detected and quantified in the monitoring procedure, including their relevant metabolites, degradation and reaction products. The minimum list of pollutants and their indicators for which Member States have to consider establishing threshold values in accordance with Article 3:

Table no. 2 The threshold values (making GBW “at risk”) for: Substances or ions or indicators which may occur both naturally and/or as a result of human activities  Arsenic  Cadmium  Lead  Mercury  Ammonium  Chloride  Sulphate Man-made synthetic substances  Trichloroethylene  Tetrachloroethylene Parameters indicative of saline or other intrusions  Conductivity The threshold values based on human and ecological effects (BRIDGE). If value or threshold is exceeded in one or more points, normally “one out is all out”, but the GWD doesn’t have to be ‘at risk’ if: - no significant environmental risk - still useable for human consumption - impact, amount, risks of pollutants The following considerations for the implementations of the GWD are: - Identify any significant and sustained upward trend in concentrations of pollutants if > 75% threshold - impact of existing plumes of point-pollution (no expansion, no risk for human and ecosystems) - prevent input of hazardous substances (annex VIII of WFD) - limit input of non-hazardous substances - measures diffuse pollution whenever technically possible - exemptions on input or removal of pollution: - considered by the competent authorities to be of a quantity and concentration to small - accidents or exceptional circumstances of natural cause not foreseen - authorised artificial recharge - measures that would increase risks or are disproportionately costly - the result of interventions in surface waters for floods and droughts, and for the management of waters and waterways (dredging)

1.3. Comparison between Old and New European Groundwater Directives

Old (1980) versus New (2006) Groundwater Directive in general: - current is mainly quality, new will be integrated - new directive is consistent with WFD - new is less rigid, also local standards are allowed - new directive takes into account the financial aspects Amounts/ quantity: - Old directive (1980): no regulations at all - New Groundwater Directive (= WFD): steady state (=not decreasing the available amount) or not decreasing with negative effects The Water Framework Directive (2000/60/EC) and Groundwater Directive (2006/118) is a comprehensive piece of legislation that sets out, inter alia, “good status” objectives for all waters in Europe. The Directive provides for a sustainable and integrated management of river basins including binding objectives, clear deadlines and comprehensive programme of measures based on scientific, technical and economic analysis including public information and consultation. In order to address the challenges in a co-operative and coordinated way, the Member States, Norway and the Commission agreed on a Common Implementation Strategy (CIS) for the Water Framework Directive.

2. PARTICULAR CONSIDERATIONS

The intensive program of groundwater monitoring starts in 1976 when Romania has considered that have enough wells drilled to have a good overview of groundwater quality. Since 60’s Romania starts to prepare its groundwater monitoring network drilling well after well. Of course that after drilling a well it was made an analysis of the water. Those analysis was discussed and they was interpretation into the TWG into the project “Establishing measures to rehabilitate the polluted groundwater altered due to landfill, in order to reach the environmental objectives required by the Water Framework Directive and the Groundwater Directive” between Banat Water Directorate and Grontmij Nederland bv, Witteveen+Bos, Ecorys. For the pilot project the Banat Water Directorate has proposed to take the case of the landfill of Timisoara and surroundings which serves over 300,000 inhabitants. The landfill of “Timisoara metropolitan area” is located near Parta, just outside the Timisoara city. The Banat Water Directorate has proposed to include another smaller landfill, for a population of approximately 10,000 inhabitants, in the project as well. The landfills for cities larger than 100,000 inhabitants and the ones for cities of about 10,000 inhabitants represent the most com-mon situation in Romania. The other criteria were involved for this pilots areas, were: • Pollution to groundwater should be present, including sufficient monitoring data; • Sufficient measures should be possible to be developed and calculated • The pilot should include the problems which are generally present in other landfills as well; • Date of closure of the landfill; • the ground water body where they are situated. ROBA03 – Timisoara groundwater body was selected from Banat Hydrographical Area for solid principles: it is qualitative at risk and it must be have a Measures plan for rehabilitation. Both landfills are on top of the same shallow groundwater body (Figure no.3). Identification, delineation and characterization of groundwater bodies in Romania was made within the National Institute of Hydrology and Water Management – Hydrogeology and Environmental Isotopes Department, base on the Water Framework Directive 2000/60/EC. For each groundwater body was made the initial characterization, and for transboundary groundwater bodies and groundwater bodies at risk was also made the further characterization. The shallow groundwater body ROBA03 can be described with the following characteristics: • located in flood plains, terraces and interfluves deposits (age Pleistocene – Holocene) (see Figure 5.4); • porous – permeable type; • from litho logical point of view: sands and gravels with clays and silts intercalations, in flood plains and terraces, and fine-middle sands, argillaceous or silty locally, with clays and silts intercalations, in interfluves; • GWB is developed until 15 m in flood plains and terraces, and until 30 – 35 m in inter-fluves; • the overlaying strata are represented by clays, sandy clays, silty clays, silts, argillaceous silts and sandy silts; • multi-annual piezometric level: 1- 5 m, in flood-plains and terraces; 2 – 7 m in interfluves; • hydraulic conductivity (K): 10 - 50 m/day; • transmissivity (T): 100 m2/day; • recharge:15 – 30 mm/year; • groundwater body at qualitative risk; • exceeding of MAC ( maximum admitted concentration according to Law no. 458/2002 con-cerning the quality of drinking water), for NH4 and NO3; • transboundary groundwater body

2.2. The data base used

For groundwater body GWBA03 in Banat Hydrographical area, a database is created including 207 wells and 7000 observations (with multiple analyses). Natural Background Levels and Threshold values for groundwater body ROBA03 are derived from this database (Figure no.4). This chapter includes guidelines how to setup the database and how to derive NBL and TV. It describes how derivation is done for ROBA03 but it can also be used to derive NBL and TV for other groundwater bodies in Banat. On the meeting in June 2007, Peter Schipper showed the step by step procedure to derive TV, based on the EU-Guideline on Threshold Values. For the derivation of Natural Background Levels (NBL) and Threshold Values (TV) a database should be created including all monitoring data. The way to structure the database is explained below. The database should include a list of wells, observations and substances, including: Figure 3. Groundwater body GWBA03

- local well name; - official well name and number; - x and y coordinates; - screening of the wells (upper and lower level); - official well name and number (EUCD-GWST); - year of sampling; - sampling date; - sampling technique (bottle, pumping, others) - analyzing results for all substances (like pH, Na, K, NH4 etc etc).

2.2.1. Derivation of Natural Background levels

In the derivation of NBL, following steps (in short) need to be completed:

Figure 4. Land use for GWBA03 a) Remove (incorrect, not representative): - samples with incorrect ion-balance (> 10 %) - samples with unknown depth - samples not attachable to aquifer typology - samples in hydrothermal aquifers - samples with > 1000 mg NaCl b) Exclude samples with anthropogenic inputs: - samples with unnatural substances (f.i. pesticides) - samples with NO3 > 10mg/l - samples with other inorganic anthropogenic indicators c) Separate aerobic aquifers from anaerobic d) Convert time series into median averaging values e) Calculate NBL as the 90 ‰ remaining samples

2.2.2. Derivation of Threshold values

Threshold values are derived for a regional area and not for a site specific or local area. For Romania it was decided TV are derived on the scale of groundwater bodies. TV are derived using the NBL as a starting point and these values are compared with a standard or reference value. The derivation will be explained into more detail in this section. For Romania different reference values are available. The reference values to be selected for Romania are the drinking water standard and the surface water standard. For other substances, not included in the mentioned standards, values of the EU drinking water directive can also be used. In Table reference values or standards, used in Romania, are included.

Table no. 3 Different reference values for Romania* Ground-water Standard NTPA 02 Law Drinking EU directive NTPA 01 Waste 161/2006 Water Law Drinking 2006/118 Waste water Surface 311/2004 Water water outlet directly water directive directly into into surface sewage water Nitrate NO-3 mg/l 50 25 (37)* − 13 50 50 Pesticides µg/l 0,1 − − − 0,1 0,1 Pesticides µg/l 0,5 − − − 0,5 0,5 (total) Arsenic As ug/l − 100 − 20 10 10 Cadmium Cd ug/l − 20 30 1 5 5 Lead Pb ug/l − 20 0,5 10 10 10 Mercury Hg ug/l − 50 − 0,3 1 1 Nickel Ni ug/l − 0,5 1 25 20 20 Zinc Zn ug/l 3000 Ammonium mg/l − 2 30 1 0,5 0,26 NH4 Potassium K mg/l 12 Chloride Cl- mg/l − 500 − 50 250 150 Sulphate SO2-4 mg/l − 600 600 120 250 150 Trichloroethylen µg/l − − − 10 10 10 (sum) e Ground-water Standard NTPA 02 Law Drinking EU directive NTPA 01 Waste 161/2006 Water Law Drinking 2006/118 Waste water Surface 311/2004 Water water outlet directly water directive directly into into surface sewage water Tetrachloroethyl µg/l − − − 10 10 10 (sum) ene Conductivity µS/c − − − − 2500 m * most critical value in red

2.2.3. What it necessary to do after this?

- To implement the Groundwater Directive, groundwater aspects of the Water - Framework Directive and the new Groundwater Directive 2006/118/EC; - To come to a solid and logical program of measures; - To get experienced in implementation on local scale, just we started (pilot areas on the GWBA03 at risk); - To extrapolate with the methodology for every groundwater body for establish natural background values (NB) and threshold values (TVL), and for that groundwater body at risk, program of measures.

References

**The Groundwater Directive (2006/118) **The Groundwater Directive (80/68/EEC) **Romanian Drinking Water Law 311/2004 **Romanian Standard NTPA 01 for Waste water outlet directly into surface water **Romanian Standard NTPA 02 Waste water directly into sewage **Romanian Surface water Law 161/2006 **The Water Framework Directive (2000/60/EC) **The 2004 Report of the Banat Hydrographical Area Management Plan