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R3Water - Del.no. 8.6 R3Water ENV.2013.WATER INNO&DEMO-1; GA no: 619093 31/05/2017

R3Water

Project no. 619093

“Demonstration of innovative solutions for Reuse of water,

Recovery of valuables and Resource efficiency in urban wastewater

treatment”

Collaborative project

Theme [ENV.2013.WATER INNO&DEMO-1] – Water Innovation & demonstration projects.

Deliverable 8.6: Report about policy and directive

implementation

Due date of deliverable: 31 May 2017

Actual submission date: 21 June 2017

Start date of project: 1 Jan 2014 Duration: 42 months

Organisation name of lead contractor for this deliverable: DECHEMA

Project co-funded by the European Commission within the Seventh Framework Programme (2007-2013)

Dissemination Level

PU Public X PP Restricted to other programme participants (including the Commission Services) RE Restricted to a group specified by the consortium (including the Commission Services) CO Confidential, only for members of the consortium (including the Commission Services)


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Document history and validation

When Who Comments

18/04/2017 DECHEMA 1st draft structure of the deliverable presented to the partners

05/2017 Aquafin, ADASA Comments and input to the deliverable

14/06/2017 DECHEMA Updated version of the deliverable is sent to partners

14/06/2017 IVL Comment to the deliverable

19/06/2017 DECHEMA Updated version of the deliverable

21/06/2017 ADASA Input (Last update from EC Workshop on 31 May 2017)

21/06/2016 DECHEMA Updated version of deliverable


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Table of Contents

1. Executive Summary ....................................................................................................................... 4

2. Introduction .................................................................................................................................... 5

3. Directives that are related to R3Water technologies ................................................................. 6

3.1 European regulations (guidelines/ directives) .................................................................. 6

3.2 National regulations .......................................................................................................... 7

4. Actions from R3Water partners on support of policy and directive implementation ............. 9

5. Recommendations from the R3Water project .......................................................................... 11

5.1 General Recommendations ............................................................................................ 11

5.2 Recommendations for Reuse of Water .......................................................................... 12

5.3 Recommendations for Resource Efficiency ................................................................... 13

5.4 Recommendations for Resource Recovery ................................................................... 13

6. Conclusions ................................................................................................................................. 14

7. Annex ............................................................................................................................................ 15

7.1 European regulations (guidelines/ directives) ................................................................ 15

7.2 National regulations ........................................................................................................ 18


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1. Executive Summary

The following (non-exhaustive) list of recommendations are a brief version of the conclusions that were drawn in the R3Water project from the work in the project and the cross cutting issue workshops.

Common suggestions:

Provide incentives to overcome reluctance to make investment caused by short-time operating contracts that act as a barrier for the market uptake of innovative technologies.

Ease the market uptake of new and innovative technologies o by simplifying the permission process for demonstrations at industrial sites,

e.g. by using the concept of “transition periods”. For innovative technologies start with an entry level of requirement, requiring increased level of performance from the technology to prove its veracity.

o by applying a holistic assessment: a better sustainability performance might need less strict (water) thresholds

Use careful wording and terminology in official documents, as certain expressions create positive attitudes, while other with about the same meaning create rather negative.

Reuse of water:

Although the benefits of water reclamation and reuse for irrigated agriculture (and other uses) are clear, there are still doubts about the economic sustainability of reclaimed water services. Consider the reclaimed water as an additional local water resource in the scope of the integrated urban/regional water cycle, rather than an isolated service provided by the WWTP.

Harmonize quality criteria for water re-use including methods for quality monitoring as a driver for the marketing of water reuse technologies (e.g. common standard within the EU).

Online water quality monitoring technologies are not properly considered in EU Directives. Allow for innovation in monitoring technologies within the EU water directives review by taking the available online monitoring/detection technologies and the potential for an effective combination with water quality monitoring methods (online + conventional sampling/analysis) into consideration.

Resource efficiency:

Stimulate the adoption of technologies by using incentives to establish sustainability benchmarks. This will help to balance medium and long-term sustainability of increased resource efficiency and plant sustainability; with short-term economic cost disadvantages.

Resource recovery:

Support the market for recovered resources by harmonizing legislation and directives. There is a need of for such harmonized standards for recovered materials and products to make a foothold in the market dominated by virgin materials.

Innovation partnership for the combination of research and procurement: more promotion to be enacted by member states and public authorities.


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2. Introduction

Legislation is important for the market uptake of new and innovative technologies: New technologies need to comply with existing legislation in order to be accepted. Sometimes existing legislation, the lack of legislation or the lack of harmonization between different legislation is a barrier to the market uptake of innovative technologies. Within the R3Water project the partners had to deal with the before mentioned challenges with regard to legislation. The partners drew conclusions where the technologies in R3Water could support existing legislation (e.g. concerning the online monitoring of water quality for reclaimed water) or where they see existing legislative barriers (e.g. concerning the transport of sludge and ash across Europe) which are laid down in the “policy brief” that was published e.g. as part of the final brochure. In addition, the R3Water partners actively contributed to the EC Water reuse initiative (JRC draft on “minimum quality requirements for water reuse in agricultural irrigation and aquifer recharge”, January 2017) and other policy and standardisation activities, amongst them the “workshop on the application of the R&I Tool for Better Regulation in the European Commission’s policy initiative on Water Reuse” organised by DG Research & Innovation in May 2017.


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3. Directives that are related to R3Water technologies

On European level as well as on national level of the countries that are partners in R3Water (Belgium, Finland, Germany, Norway, Spain, Sweden and UK) several regulations deal with water management. This chapter contains an overview of the existing and relevant European, national and sometimes even regional legislation. More details on the different legislations is available in the annex (chapter 7).

3.1 European regulations (guidelines/ directives)

Water-related legislation

Water Framework Directive - WFD (2000/60/EC): The WFD commits the EU member States to achieve good qualitative and quantitative status of all water bodies by 2015.

Urban Waste Water Treatment Directive – UWWTD (91/271/EEC):

The UWWTD supplements WFD with an emission-orientated approach for a special pollution sector.

Drinking Water Directive – DWD (98/83/EC, that repealed and replaced 80/778/EC)

The DWD concerns the quality of water intended for human consumption and forms part of the regulation of water supply and sanitation in the European Union.

Bathing Water Directive (2006/7/EC)

The Bathing Water Directive applies to surface waters that can be used for bathing (except e.g. for swimming pools).

Groundwater Directive (GWD) (2006/118/EC)

The GWG establishes a framework to prevent and control groundwater pollution.

Environmental Quality Standards Directive – EQSD (2008/105/EC, as amended by Directive 2013/39/EU) The EQSD aims at identifying a list of substances of concern (priority substances) that present a significant risk to or via the aquatic environment.

Nitrates Directive (91/676/EEC)

The Nitrates Directive aims to reduce and prevent water pollution by nitrate originating from agricultural sources.

Blueprint to Safeguard Europe’s Water Resources (COM (2012) 673 final)

The Blueprint aims to tackle the obstacles which hamper action to safeguard Europe’s water resources.


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Other EU legislation

EU Sewage Sludge Directive (86/278/EEC) The Sewage Sludge Directive seeks to encourage the use of sewage sludge in agriculture and to regulate its use in such a way as to prevent harmful effects on soil, vegetation, animals and man.

Industrial Emissions Directive - IED (2010/75/EU)

The IED is about minimising pollution from various industrial sources throughout the EU.

Environment Impact Assessment Directive - EIA (2011/92/EU)

The EIA establishes the need to carry out an impact assessment on environment before approving certain public and private projects.

Habitats Directive (92/43/EEC)

The aim of the Habitats Directive is to contribute towards ensuring bio-diversity through the conservation (preservation) of natural habitats and of wild fauna and flora.

3.2 National regulations European countries have regulations that implement EU directives into national regulation. But there are also further regulations that only apply for a certain country or even differ (e.g. with regard to requirements and coverage) between regions of one country. Belgium:

In Belgium ‘environment’ and part of ‘energy’ are regional matters, hence the following relevant information only relates to the Flemish Region. General policy

- Flemish materials programme agenda 2020 of 5 June 2012 and roadmap circular economy of July 2014

Reuse of water ‐ Order of the Flemish government of 11 June 2004 on the granting of a regional

contribution to grey water suppliers for the development of grey water circuits to protect vulnerable aquifers This order regulates regional subsidies for water reuse in industry or agriculture under certain conditions.

‐ Order of the Flemish government of 1 June 1995 (and amendments) concerning general and sectoral provisions relating to environmental safety (VLAREM II) - Art 6.2.2.1.2 This regulation promotes rainwater reuse at the domestic level.

Finland:

Government Decree on Urban Waste Water Treatment (888/2006, Finlex) The treatment of wastewater from industrial facilities and municipal wastewater collection systems is covered by a Government decision.


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Norway: Drinking water regulative

The regulation’s target is to ensure supply of drinking water of sufficient volume and quality.

Water resource regulative

The regulation targets are to ensure a public proper use and management of waterways and ground water.

Spain:

Royal Decree (RD) 1620/2007 The Royal Decree establishes the legal regime for the reuse of treated wastewater.

National Plan for Water Reuse

It aims at developing the legal framework for water reuse through initiatives or plans by public administrations.

Some regulations are applied only in certain regions, e.g.: in Spain, Catalonia:

Water Reuse Programme: It was set up by the The Catalan Water Agency (ACA) because the ACA intends to reach the goal of 200 million m3 of reused water by 2015, which would mean that 31% of treated water would be reused.

Sweden:

Law on general water services (Lag (2006:412) om allmänna vattentjänster): The law secures water supply and drainage if needed to protect and ensure the human health and the environment.

UK:

2014 Water Act The Water Act deals e.g. with the regulation of the water industry and licences for water supply and sewerage.


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4. Actions from R3Water partners on support of policy

and directive implementation

The EC had launched an initiative on water re-use (DOC WD/2015-1/5)1 to promote a greater uptake of water reuse at EU level. There were consultation activities in 2 working groups:

EU guidelines on planning and management of water reuse Minimum quality requirements for water reuse

Related to the first working group, ADASA, Teqma and the stakeholder Consorcio Costa Brava (member of the R3Water Advisory Board) participated in the consultation phase for the ‘Guidance on water reuse’, providing feedback to the draft documents (November 2015, February 2016). R3Water partners actively participated in the second work group, as members of the EIP on Water Action Group on Real Time Water Quality Monitoring (RTWQM AG100)2. VTT, Teqma and ADASA participated in the EIP on Water conference in Leeuwarden, The Netherlands, in particular in the side meeting on Water Reuse (February 2016). The R3Water success case on water reuse (Costa Brava – Castell Platja d’Aro) was presented, including regulatory, economic, planning and social aspects. The R3Water partners ADASA and Teqma commented as well on the JRC draft on “minimum quality requirements for water reuse in agricultural irrigation and aquifer recharge” (January 2017). On 31st May 2017 some R3Water partners (ADASA, Aqua-Q, VTT and DECHEMA) joined a “workshop on the application of the R&I Tool for Better Regulation in the European Commission’s policy initiative on Water Reuse”. The event was organised by DG Research & Innovation, with participation of DG Environment, with the aim to: “contribute to the sound selection of preferred policy options and provide recommendations on how the policy should be formulated so that it will not hamper innovation and ideally stimulates innovation as much as possible”. The R3Water partners contributed to the discussions and gave recommendations during the event and input to specific questions was also provided after the workshop. The final report prepared by DG Research & Innovation mentions the R3Water project and the EIP on Water RTWQM Action Group. The report includes several of the contributions and remarks from the R3Water partners, mainly regarding:

Innovative online monitoring and ‘smart’ sampling strategies Governance considerations about the economic sustainability of the reclaimed water

services and other organisational market barriers Adoption of an attractive terminology for communication Support to online monitoring techniques through the EU ETV Pilot Programme

1 http://ec.europa.eu/environment/water/reuse.htm 2 http://www.eip-water.eu/RTWQM


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In addition the R3Water/RTWQM members have been also participating in other policy and standardisation activities:

R3Water was asked to provide input to a white paper (elaborated with contributions from the EIP Water Action Group “RTWQM”) that wants to give input to the revision of the Drinking Water directive (February 2016)3

Participation in “ERNCIP –TG Chemical and Biological (CB) Risks to Drinking Water” meetings4

Participation in the SABE/ENV "Standardization needs in the area of continuous water quality monitoring" meetings and consultation5

3https://www.eip-water.eu/sites/default/files/AG100%20RTWQM%20water%20legislation_whitepaper_v2_150714_def.pdf 4 https://erncip-project.jrc.ec.europa.eu/networks/tgs/water 5 https://www.cen.eu/work/areas/env/Pages/SABEorganization.aspx


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5. Recommendations from the R3Water project

The following (non-exhaustive) list of recommendations are the conclusions that were drawn in the R3Water project from the work in the project and the cross cutting issue workshops.

5.1 General Recommendations

Topic Context Challenges Recommendations

Short time contracts vs. long time investments

Usual short-time contacts are a barrier for the market uptake of innovative technologies that need long-term investments.

The barrier of the different time horizons needs to be overcome.

Provide incentives to overcome reluctance to make investments.

Transition periods in the permission process

Strict quality requirements for the effluent are a barrier for the implementation of measures that increase the efficiency of chemicals and energy usage in wastewater treatment plants.

While existing technologies are often given a transition period to comply with new regulations, this allowance is not available for new technologies.

Ease the market uptake of new and innovative technologies by simplifying the permission process for demonstrations at industrial sites, e.g. by using the concept of “transition periods”. For innovative technologies permission processes could start with an entry level of requirements which gets stricter and reaches maturity at the end of the transition period to prove its veracity.

Holistic assessment

For the assessment of the performance of innovative technologies only selected aspects are taken into account.

Positive effects that are not within the defined scope of assessment might not be taken into account.

Ease the market uptake of new and innovative technologies by applying a holistic assessment: if e.g. increased aqueous emissions can be offset by reduced greenhouse gas emissions and improved overall sustainability.

Support EU initiatives on water reuse by the use of right and attractive terminology

Although there has been a significant improvement, there are still several occurrences of ‘reuse of wastewater’ or ‘reuse of treated wastewater’ in EU webpages and documents.

Improper terminology might hamper the EU initiative on water reuse, generating reluctance in the end-users and facilitating arguments to opposition campaigns. Previous experiences go from the strong opposition to the ‘toilet to tap’ concept in East Valley (CA) during the 90s to the success ‘new water’ approach in Singapore.

Terminology really matters. It is worth to avoid the term 'waste' when referring to the reuse of water and to adopt other narratives based on ‘reclaimed water’ or ‘new water’ or other similar marketing wording.


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5.2 Recommendations for Reuse of Water


Economical sustainability of reclaimed water services

The benefits of water reclamation and reuse for irrigated agriculture (or other uses) are clear, but often external to the municipal facility that is producing the reclaimed water.

The management of the water value chain is often distributed among different actors, resulting in a lack of a holistic visions and poor synergies. The WWTP service doubts about the economic feasibility of the reclaimed water services while the drinking water company might consider them as competition.

To consider the reclaimed water as an additional local water resource in the scope of the integrated urban/regional water cycle, rather than an isolated service provided by the WWTP. Incentives could be provided to create not just a supply but also a demand for reclaimed water. E.g., local governments could be encouraged to use reclaimed water in public buildings and parks, in a visible manner.

Online water quality monitoring technologies are not properly considered in EU Directives

The water quality monitoring requirements defined in the EU water directives are following a common pattern, the definition of: minimum sampling frequency, quality parameters to be monitored and the analysis method for each parameter.

Even in the case that an online monitoring technology has demonstrated its performance through a ETV or other verification or standardisation process, the major barrier to online monitoring is the specification of compulsory laboratory analysis methods.

To leave the door open for the innovation in monitoring in the EU water directives review, taking into consideration the already available online monitoring/detection technologies and the potential of an effective combination of water quality monitoring methods (online + conventional sampling/analysis). Thus it would be helpful if regulations would allow online methods to (partially) replace conventional measurements.

Harmonized water quality criteria

So far there is no common standard (harmonization) within the EU on threshold values for reuse of water.

Threshold values that differ all over Europe make it very difficult for innovative water reuse technologies to enter the market in different countries.

Harmonize quality criteria for water re-use, including methods for quality monitoring, as a driver for the marketing of water reuse technologies (e.g. common standard within the EU).


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5.3 Recommendations for Resource Efficiency


Sustainability benchmarks

Sometimes novel technologies increase resource efficiency and plant sustainability, but are not economically competitive with existing technologies.

The economic barrier for innovative technologies that have a positive effect on resource efficiency and plant sustainability needs to be overcome.

Stimulate the adoption of technologies by using incentives or enact new regulations to establish sustainability benchmarks. This will help to balance medium and long-term sustainability of increased resource efficiency and plant sustainability; with short-term economic cost disadvantages.

5.4 Recommendations for Resource Recovery


Harmonization of legislation

Support the market for recovered resources by (harmonized) legislation and directives: need of foremost harmonized standards for the recovered material and products to make a foothold in the market dominated by virgin materials.

The market is hesitant to new material flows of varying standard and possibly risks with respect to steady availability and safe supply of the materials.

Harmonized standards for the recovered material and products are needed to direct technology development and establish a stable market for new technologies and products.

Innovative procurement

Innovation partnership for the combination of research and procurement to be enacted by member states and public authorities.

Procurement of innovative water-related technologies is underexploited in the public sector due to scattered responsibilities and lack of expertise in procurement and also lack of incentives for technology providers.

Education and awareness raising on existing methods and tools enabling the uptake of innovation in public procurement procedures.


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6. Conclusions

The following (non-exhaustive) list of recommendations are a brief version of the conclusions that were drawn in the R3Water project from the work in the project and the cross cutting issue workshops.

Common suggestions:

Provide incentives to overcome reluctance to make investment caused by short-time operating contracts that act as a barrier for the market uptake of innovative technologies.

Ease the market uptake of new and innovative technologies o by simplifying the permission process for demonstrations at industrial sites,

e.g. by using the concept of “transition periods”. For innovative technologies start with an entry level of requirement, requiring increased level of performance from the technology to prove its veracity.

o by applying a holistic assessment: a better sustainability performance might need less strict (water) thresholds

Use careful wording and terminology in official documents, as certain expressions create positive attitudes, while other with about the same meaning create rather negative.

Reuse of water:

Although the benefits of water reclamation and reuse for irrigated agriculture (and other uses) are clear, there are still doubts about the economic sustainability of reclaimed water services. Consider the reclaimed water as an additional local water resource in the scope of the integrated urban/regional water cycle, rather than an isolated service provided by the WWTP.

Harmonize quality criteria for water re-use including methods for quality monitoring as a driver for the marketing of water reuse technologies (e.g. common standard within the EU).

Online water quality monitoring technologies are not properly considered in EU Directives. Allow for innovation in monitoring technologies within the EU water directives review by taking the available online monitoring/detection technologies and the potential for an effective combination with water quality monitoring methods (online + conventional sampling/analysis) into consideration.

Resource efficiency:

Stimulate the adoption of technologies by using incentives to establish sustainability benchmarks. This will help to balance medium and long-term sustainability of increased resource efficiency and plant sustainability; with short-term economic cost disadvantages.

Resource recovery:

Support the market for recovered resources by harmonizing legislation and directives. There is a need of for such harmonized standards for recovered materials and products to make a foothold in the market dominated by virgin materials.

Innovation partnership for the combination of research and procurement: more promotion to be enacted by member states and public authorities.


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7. Annex

7.1 European regulations (guidelines/ directives)

Here are European legislations that have a direct or indirect impact on the technologies that are being demonstrated in R3Water.

Water-related legislation Water Framework Directive - WFD (2000/60/EC): The WFD was implemented 22 December 2003 and it commits the EU member States to achieve good qualitative and quantitative status of all water bodies (including marine waters up to one nautical mile from shore) by 2015. The WFD is a framework in the sense that it prescribes steps to reach the common goal rather than adopting the more traditional limit value approach. The EU has more than 100 000 surface water bodies: 80 % of them are rivers, 15 % lakes and 5 % coastal and transitional waters. The ecological and chemical status of surface waters are assessed according to the following criteria:

Biological quality (fish, benthic invertebrates, aquatic flora) Hydromorphological quality such as river bank structure, river continuity or substrate of the

river bed

Physical-chemical quality such as temperature, oxygenation and nutrient conditions Chemical quality that refers to environmental quality standards for river basin specific

pollutants.

These standards specify maximum concentrations for specific water pollutants. If even one such concentration is exceeded, the water body will not be classed as having a “good ecological status”. Urban Waste Water Treatment Directive – UWWTD (91/271/EEC): The UWWTD was adopted on 21 May 1991 and amended by Commission Directive in 2003/2008. It is not integrated into the Water Framework Directive (WFD), but it supplements WFD with an emission-orientated approach for a special pollution sector and thus is a “key element” of EU water policy for achieving the WFD objective of “good qualitative and quantitative status of all water bodies”. The UWWTD concerns

collection, treatment and discharge of urban waste water treatment and discharge of waste water from certain industrial sectors (e.g. food-

processing industry) disposal of sludge from UWW treatment

Its objectives are to: Protect the environment from adverse effects of waste water discharges Minimize adverse effects of sludge disposal


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Drinking Water Directive – DWD (98/83/EC, that repealed and replaced 80/778/EC) The European DWD, Council Directive 98/83/EC concerns the quality of water intended for human consumption and forms part of the regulation of water supply and sanitation in the European Union. The Directive is intended to protect human health by laying down healthiness and purity requirements which must be met by drinking water within the Community. It applies to all water intended for human consumption apart from natural mineral waters and waters which are medicinal products. Member States shall ensure that such drinking water:

does not contain any concentration of micro-organisms, parasites or any other substance which constitutes a potential human health risk;

meets the minimum requirements (microbiological and chemical parameters and those relating to radioactivity) laid down by the directive.

they will take any other action needed in order to guarantee the healthiness and purity of water intended for human consumption.

In setting contaminant levels the directive applies the precautionary principle. For example, the EU contaminant levels for pesticides are up to 20 times lower than those in the WHO drinking water guidelines, because the EU directive not only aims at protecting human health but also the environment. The WHO contaminant levels themselves are already set so that there would be no potential risk if the contaminant was absorbed continuously over a person's lifetime. EU drinking water standards and cases where these standards are temporarily exceeded by a small margin should be interpreted in this context. With effect from Dec 2003, Directive 80/778/EC was repealed and replaced by 98/83/EC. The new directive saw the number of parameters reduced whilst allowing member to add parameters such as magnesium, total hardness, phenols, zinc, phosphate, calcium and chlorite. The directive requires member states to regularly monitor the quality of water intended for human consumption by using the methods of analysis specified in the directive, or equivalent methods. Member states also have to publish drinking water quality reports every three years, and the European Commission is to publish a summary report. Bathing Water Directive (2006/7/EC) The Bathing Water Directive 2006/7/EC replaces the former Directive 76/160/EC. It applies to surface waters that can be used for bathing except for swimming pools and spa pools, confined waters subject to treatment or used for therapeutic purposes and confined waters artificially separated from surface water and groundwater. The new Directive is intended to

Be based on scientific knowledge on protecting health and the environment, as well as environmental management experience,

Provide better and earlier information of citizens about quality of their bathing waters, including logos,

Move from simple sampling and monitoring of bathing waters to bathing quality management, and


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Be integrated into all other EU measures protecting the quality of all our waters (rivers, lakes, groundwaters and coastal waters) through the Water Framework Directive.

Groundwater Directive (GWD) (2006/118/EC) Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration establishes a framework to prevent and control groundwater pollution. This includes procedures for assessing the chemical status of groundwater and measures to reduce levels of pollutants. Environmental Quality Standards Directive – EQSD (2008/105/EC, as amended by Directive 2013/39/EU) The EQSD also known as the “Priority substances Directive” aims at identifying a list of substances of concern (priority substances) that present a significant risk to or via the aquatic environment in accordance with Article 16(2) and (3) of the Water Framework Directive (WFD). These standards are coupled with an inventory of discharges, emissions and losses of these substances in order to ascertain whether the goals of reducing or eliminating such pollution have been achieved. This Directive is reviewed every four years (the first EQS Directive was developed in 2008; it was revised (2012) and will be revised again in 2016/2017). Nitrates Directive (91/676/EEC) The “directive concerning the protection of waters against pollution caused by nitrates from agricultural sources” (Nitrates Directive) aims to reduce and prevent water pollution by nitrate originating from agricultural sources. It requires member states to monitor waters, designate “nitrate vulnerable zones” and adopt and implement action programs and codes of good agricultural practices with aim of improving fertilizer management and reducing nitrate towards water (EC, 2011e). Blueprint to Safeguard Europe’s Water Resources (COM (2012) 673 final) The Blueprint aims to tackle the obstacles which hamper action to safeguard Europe’s water resources. It synthesises policy recommendations building on (1) the assessment of the River Basin Management Plans delivered by the Member States under the WFD, (2) the review of the policy on Water Scarcity and Droughts (WS&D) and (3) the assessment of the vulnerability of water resources to climate change and other man made pressures (EC, 2011e). Some elements included in the Blueprint are or will be of high importance for “reuse of Water technologies” demonstrated in R3Water, e.g. Water reuse standard initiative: the Commission will make a proposal for reuse of waste water at EU level by the end of 2015. The standard may include chemicals as well as microbiological parameters that need to be respected to ensure environmental and human safety for the reuse of waste water.

Other EU legislation

EU Sewage Sludge Directive (86/278/EEC) The Sewage Sludge Directive 86/278/EEC seeks to encourage the use of sewage sludge in agriculture and to regulate its use in such a way as to prevent harmful effects on soil, vegetation, animals and man. To this end, it prohibits the use of untreated sludge on agricultural land unless it is injected or incorporated into the soil. Treated sludge is defined as having undergone "biological, chemical or heat treatment, long-term storage or any other


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appropriate process so as significantly to reduce its fermentability and the health hazards resulting from its use". To provide protection against potential health risks from residual pathogens, sludge must not be applied to soil in which fruit and vegetable crops are growing or grown, or less than ten months before fruit and vegetable crops are to be harvested. Grazing animals must not be allowed access to grassland or forage land less than three weeks after the application of sludge. The Directive also requires that sludge should be used in such a way that account is taken of the nutrient requirements of plants and that the quality of the soil and of the surface and groundwater is not impaired. The Directive specifies rules for the sampling and analysis of sludges and soils. It sets out requirements for the keeping of detailed records of the quantities of sludge produced, the quantities used in agriculture, the composition and properties of the sludge, the type of treatment and the sites where the sludge is used. Limit values for concentrations of heavy metals in sewage sludge intended for agricultural use and in sludge-treated soils are in Annexes I A, I B and I C of the Directive. Industrial Emissions Directive - IED (2010/75/EU) The IED is the successor of the IPPC Directive and in essence, it is about minimising pollution from various industrial sources throughout the European Union. Operators of industrial installations operating activities covered by Annex I of the IED are required to obtain an integrated permit from the authorities in the EU countries. Environment Impact Assessment Directive - EIA (2011/92/EU) The EIA establishes the need to carry out an impact assessment on environment before approving certain public and private projects. The Directives lists the projects concerned, the information to be provided and the third parties to be consulted in connection with approving such a project. Habitats Directive (92/43/EEC) The aim of the Habitats Directive is to contribute towards ensuring bio-diversity through the conservation (preservation) of natural habitats and of wild fauna and flora in the European territory of the member states to which the treaty applies.

7.2 National regulations European countries have regulations that implement EU directives into national regulation. But there are also further regulations that only apply for a certain country or even differ (e.g. with regard to requirements and coverage) between regions of one country. Belgium: In Belgium ‘environment’ and part of ‘energy’ are regional matters, hence the following relevant information only relates to the Flemish Region. General policy

- Flemish materials programme agenda 2020 of 5 June 2012 and roadmap circular economy of July 2014

The materials programme is the Flemish implementation of the EU2020-strategy, more specifically the Flag ship initiative on resource efficiency. It sets out the concrete actions for the transition to a sustainable resources management.


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The roadmap also refers to resources from wastewater as an important topic, with the vision to reuse and recycle water, materials, nutrients and energy from wastewater. Reuse of water

‐ Order of the Flemish government of 11 June 2004 on the granting of a regional contribution to grey water suppliers for the development of grey water circuits to protect vulnerable aquifers

This so-called ‘greywater order’ regulates regional subsidies for water reuse in industry or agriculture under certain conditions, more specifically for investment costs for supplementary technology for high quality water and for piping. The subsidies are given to the drinking water companies supplying the treated grey water, and hence do not apply for projects with treated wastewater from WWTPs. The order does not regulate water reuse in the strict sense, but is more a tool to promote the use greywater.

‐ Order of the Flemish government of 1 June 1995 (and amendments) concerning general and sectoral provisions relating to environmental safety (VLAREM II) - Art 6.2.2.1.2

This regulation promotes rainwater reuse at the domestic level. It regulates under which conditions rainwater should be separated from domestic wastewater and the design of a future building focusing on the reuse of the rainwater within the household (toilet flushing, washing car,..). In 2004 the Flemish government decided to give subsidies for installing a rainwater reservoir in new buildings or renovations if the installation fulfil the requirements described in the "code of good practices for rainwater reservoirs and infiltration facilities".

- There is no specific regulation for the authorisation of reuse schemes of treated wastewater in Flanders.

- There are indirect incentives to reuse water o by increased limitation of extractions of deep groundwater in certain areas

(through permits from Flemish government) o by increasing extraction fees for groundwater or surface water, as well as

increasing fees for drinking water (decisions of Flemish government) Finland: The treatment of wastewater from households not connected to mains sewer networks is controlled through a Government decree that sets minimum standards both for wastewater treatment, and for the design, construction, use and maintenance of treatment facilities. Government Decree on Urban Waste Water Treatment (888/2006, Finlex) The treatment of wastewater from industrial facilities and municipal wastewater collection systems is covered by a Government decision. Waste waters shall be subject to secondary (biological) or an equivalent treatment and the treatment must comply with the requirements listed below Minimum requirements for secondary (biological) waste water treatment.


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Phosphorus must be removed from waste waters and the phosphorus removal process must comply with the requirements listed below Parameters Concentration Minimum percentage of reduction Biochemical oxygen demand (BOD7 at 20 °C without nitrification)

30 mg/l O2 70 %

Chemical oxygen demand (COD) 125 mg/l O2 75 % Total suspended solids 35 mg/l 90 %

Minimum requirements for nutrient removal in waste water treatment are given below. The requirements set for concentrations and the minimum percentage of reduction can be optional. Parameters Concentration Minimum percentage of

reduction Total phosphorus 3 mg/l (less than 2.000 PE) 80 % 2 mg/l (2.000 – 100.000 PE) 1 mg/l (more than 100.000 PE) Total nitrogen 15 mg/l (10.000 – 100.000 PE) 70 % 10 mg/l (more than 100.000 PE)

Germany: According to the German constitution (known as the Basic Law), the Federal Republic of Germany is organised according to federal principles. Government tasks are distributed between the Federal Government and the Länder. The communities (towns, districts and municipalities) are parts of the respective Land, but also have certain discretionary powers (right of self-government) when dealing with local matters, which are protected by the constitution. A distinction must be made between legislative powers, the competence to enforce regulations, and financial responsibility. Expenditure incurred while exercising their duties is borne separately by the Federal Government and the Länder. Following the Federalism Reform of 2006, the Federal Government now has concurrent legislative competence with regard to the hydrological regime. This means that the Federal Government is authorised to adopt more detailed regulations on water resources management. The Federal Government made use of its competence and subjected the 2009 Federal Water Act to a thorough overhaul; the updated version entered into force on 1 March 2010.22 By contrast, the Länder may only adopt regulations for as long as and insofar as the Federal Government has not completely exhausted its legislative competence in adopting the Federal Water Act, and has left scope for provisions by the Länder, and does not remove this scope during the course of future updates to the Federal Water Act. Furthermore, the Länder may adopt alternative provisions from the provisions of the Federal Water Act, except for regulations on materials and installations. Enforcement of the provisions relating to water, including the Federal laws, and hence the exercising of executive powers in water resources management, is the responsibility of the Länder. Progressive water protection is reliant on cooperation between the Federal Government and the Länder. For example, monitoring of groundwater and surface water quality is an important task performed by the administrative authorities for water resources management in the


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Länder. However, the Federal Government is the competent point of contact for the European Union on this matter, with responsibility for reporting etc. Norway: Drinking water regulative

The regulation’s target is to ensure supply of drinking water of sufficient volume and quality.

Water resource regulative: The regulation targets are to ensure a public proper use and management of waterways

and ground water. Spain: In Spain, the water re-use is being regulated by the Royal Decree (RD) 1620/2007, which establishes the legal regime for the reuse of treated wastewater.

The main aim of this RD is to maintain a balance between the protection of health and the environment, providing a scarce and necessary resource as water, with a high level of quality.

The RD 1620/2007 defines the use of the reclaimed water as the application before its return to the public hydraulic domain for a new use once having received the necessary treatments as to accomplish the water quality parameter values set.

National Plan for Water Reuse Spain has developed a National Plan for Water Reuse (NPWR). It aims at developing the legal framework for water reuse through initiatives or plans by public administrations, recognizing that water reuse projects are often driven and encouraged by local authorities. The National Plan also intends to promote R&D and information dissemination. The Spanish Environment Ministry plans to create a specific page dedicated to water reuse on the Ministry’s, with the objective to disseminate experiences and good practices in this field as well as scientific and technical knowledge about water reuse. This is expected to increase public acceptance of water reuse. More specifically, the objectives of the plan are as follows:

Contribute to the achievement of a good status of waters by 2015, as per the WFD. Promote the establishment and maintenance of ecological flow regimes. Accomplish, as much as possible, a zero discharge of direct discharges to the sea. Establish an adequate financial model to promote the sustainable reuse of waters for

agricultural, environmental, recreational, industrial, and urban uses, not affecting the environment, safety, and health, considering economic costs and available technology.

Promote Good Practices in water reuse Provide information, raise awareness and consciousness of the benefits of water

reuse. Encourage research, development, and technological innovation of water recycling

treatments.


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In addition to the regulation that is valid for overall Spain there are also regulations that are applied only in certain regions, e.g.: Spain (Catalonia) The Catalan Water Agency (ACA) intends to reach the goal of 200 million m3 of reused water by 2015, which would mean that 31% of treated water would be reused. In order to reach this target, the ACA set up a Water Reuse Programme. With this aim, the programme sets out:

the reuse infrastructure to be promoted by the Government of Catalonia the definition of uses that are considered most appropriate for each treatment system the proposal for a new management framework for this activity to allow it to be better

developed, including the definition of the financing criteria for the different actions and mechanisms through which to recovery public expenditure on investment and

exploitation; and the establishment of quality criteria for reclaimed water in addition to automatic control measures.

The programme anticipates a total investment of EUR 373 m (EUR 330 m of which are allocated to carrying out 51 projects promoted by the Agency) in the actions required in order to allow the reuse of almost 31% of the annual flow treated in treatment plants and 50% of the flow treated in the summer months, equivalent to 229 million m3/year of reclaimed flows, with a production (excluding refuse) of 204 million m3/year. Spain (Costa Brava) Regulation allowing exemption of the user tax for reclaimed water in Costa Brava: The Catalan Water Agency has approved a new tax (0.1498 EUR/m3) that applies to the use of drinking water used by the municipalities. Because this tax does not apply to reclaimed water, it can result in an additional incentive for the municipalities to develop usable local resources such as reclaimed water. Sweden: Depending on the size of the WWTP considered, different regulations apply. For small size WWTPs (<200 PE), they only need to inform the municipality of their operation. For medium size WWTPs (200 – 2000 PE), they need to also get an authorisation from the municipality of their operation. For large scale WWTPs (>2000 PE), they need to apply for permission from the county administrative board. This permission can then be conditioned based on e.g. which technology that is used and target effluent limits. Below you find some of the most important regulations for Sweden. Lag (2006:412) om allmänna vattentjänster - The law on general water services: The law secures water supply and drainage if needed to protect and ensure the human health and the environment. If needed, it is the municipalities that are obliged to ensure both the water supply and drainage. VASS system: Although it is not a regulation, the VASS system, developed by the Swedish Water Association, should be mentioned here. VASS is the statistical system generally used in Sweden within the water sector (includes data from all water sectors such as drinking water, wastewater, biogas, sludge treatment, piping etc.). It compiles yearly statistical reports and is therefore an important tool for all people involved in this sector.


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UK: Since privatisation in 1989, the UK regulatory framework for the water sector has enabled companies to attract over £108 billion in low-cost investment. This has meant they can upgrade water and sewerage networks and improve customer service and environmental standards. The white paper ‘Water for life’ and Water for life: market reform proposals set out the case for change. There has to be a plan to protect against challenges to our future water supplies. This means taking account of climate change, population growth and patterns of demand – as well as the challenges posed by natural hazards such as drought and floods. The latest legislation in the UK is the 2014 Water Act which followed the 2011 consultation document Water for Life above. The 2011 document came out of a 2009 market report “Independent Review of Competition and Innovation in Water Markets” called the Cave Report. The consultation document set out that whilst the UK market had made great strides since privatisation in 1989 change was needed to deliver higher levels of customer service and tackle the challenges facing the industry, such as climate change. By implementing changes towards increasing competition the industry would be best able to meet the customer service levels required. Innovation and new technologies are at the heart of the legislation.

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