UDOFA, KINGSLEY DAVID

ENVIRONMENTAL LAW

TOPIC:

“WATER POLLUTION; MEANING AND

IMPLICATIONS”

JANUARY 2011

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Table of Content 1. Introduction 2. Pollution

a. Meaning b. History

3. Water Pollution a. Categories Of Water

Supply b. Forms Of Water Pollution

4. Causes Of Water Pollution 5. Sources Of Water Pollution

a. Industrial b. Agricultural and c. municipal

6. Effects Of Water Pollution 7. Legal Control

a. International Legal Control b. Municipal Legal Control

8. Conclusion

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INTRODUCTION In order to attain success and growth, it is inevitable that man interacts with his

environment. The human environment, being planet earth, is well endowed with several resources which contribute hugely to the livelihood of mankind. It is from such interaction with the environment that man benefits immensely and in turn improves his standards of living. It is the components within the environment that are of greatest benefit to humanity. These components include the air, water, the physical environment and indeed life within the environment to include that of plants and animals. However, as we humans recognize the huge importance of these earth’s resources and exploit them, we still disregard them by polluting the rivers, lakes, oceans and air. Subsequently, we are slowly but surely harming our planet to the point where organisms are dying at a very alarming rate.

The problems facing the environment are vast and diverse. Global warming, the depletion of the ozone layer in the atmosphere, destruction of the world’s rain forests and pollution are just some of the problems that many scientists believe will reach critical proportions in the coming decades.

POLLUTION Pollution is the introduction of contaminants into a natural environment that

causes instability, disorder, harm or discomfort to the ecosystem i.e. physical systems or living organisms. Pollution can take the form of chemical substances or energy, such as noise, heat, or light. Pollutants, the elements of pollution, can be foreign substances or energies, or naturally occurring; when naturally occurring, they are considered contaminants when they exceed natural levels.

Pollution became a popular issue after World War II, due to radioactive fallout from atomic warfare and testing, then a non-nuclear event, The Great Smog of 1952 in London, which killed at least 4000 people.

WATER POLLUTION Comprising over 70% of the Earth’s surface, water is undoubtedly the most

precious natural resource that exists on our planet. Without the seemingly invaluable compound comprised of hydrogen and oxygen, life on Earth would be non-existent: it is essential for everything on our planet to grow and prosper. However in its usage and exploitation, humans seem to contaminate the water.

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Water contamination or pollution occurs when a body of water is adversely affected due to the addition of large amounts of materials to the water. When it is unfit for its intended use, water is considered polluted. Water is typically referred to as polluted when it is impaired by anthropogenic1 contaminants and either does not support a human use, like serving as drinking water, and/or undergoes a marked shift in its ability to support its constituent biotic communities, such as fish. Natural phenomena such as volcanoes, algae blooms, storms, and earthquakes also cause major changes in water quality and the ecological status of water.

Water pollution is a major problem in the global context. It has been suggested that it is the leading worldwide cause of deaths and diseases, and that it accounts for the deaths of more than 14,000 people daily.2 An estimated 700 million Indians have no access to a proper toilet, and 1,000 Indian children die of diarrheal sickness every day. Some 90% of China's cities suffer from some degree of water pollution,3 and nearly 500 million people lack access to safe drinking water. In addition to the acute problems of water pollution in developing countries, industrialized countries continue to struggle with pollution problems as well.

Water supplies fall into two basic categories: surface water and groundwater.

Surface water is that exists in streams, rivers, or lakes. When rain falls on the ground or when snow melts, much of this precipitation drains across the surface of the earth and collects in ravines, streams, and creeks. Gradually these smaller waterways join together and form rivers. A group of rivers and the streams that feed into them make up a river basin, also known as a watershed. A river basin denotes all land through which a particular river and its tributaries flow. With the exception of a few geographical areas, such as the Great Basin, the ultimate destination of surface water is an ocean.4 However, when precipitation falls to the ground, not all the water runs into rivers as surface flow. Some precipitation becomes groundwater after seeping down into the earth and collecting within underground reservoirs called aquifers.5 Some aquifers amass underground seepage during thousands, sometimes millions, of years and accumulate huge quantities of water.6 In the United States, 53% of the

1 Water may be contaminated by human activity or natural occurrences. However, the biggest problems associated with water are those created as a result of human activities. 2 West, Larry "World Water Day: A Billion People Worldwide Lack Safe Drinking Water", March 26, 2006, Wikipedia 3 http://Chinadaily.com.cn 2005-06-07 4 Jackson, Donald C. "Water Policy in the American West." Microsoft Encarta 2009 [DVD]. Redmond, WA: Microsoft Corporation, 2008. 5 natural rock formations, which contain ground water 6 Jackson, Donald C. "Water Policy in the American West." Microsoft Encarta 2009 [DVD]. Redmond, WA: Microsoft Corporation, 2008.

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population relies on ground water as a source of drinking water. In rural areas this figure is even higher. Eighty one percent of community water is dependent on ground water.7

When water pollution is talked about, it can be of surface water supply or ground water supply. Sources of surface water pollution are generally grouped into two categories based on their origin. The Two groups are point source and non-point source.

Point sources of pollution occur when harmful substances are emitted directly into a body of water. Point sources discharge pollutants from specific locations, such as factories, sewage treatment plants, and oil tankers. The Exxon Valdez oil spill8 and the BP oil spill in the Golf of Mexico best illustrate point source water pollution.

Non–point source pollution occurs when the diffused contamination does not originate from a single discrete source. A nonpoint source delivers pollutants indirectly through environmental changes. Such pollution is often the cumulative effect of small amounts of contaminants gathered from a large area. An example of this type of water pollution is when fertilizer from a field is carried into a stream by rain, in the form of run-off which in turn affects aquatic life. Unlike the point source pollution of water, the non-source pollution is more difficult to control.

CAUSES OF WATER POLLUTION AND TYPES OF POLLUTANTS The specific contaminants leading to pollution in water include a wide spectrum

of chemicals, pathogens, and physical or sensory changes such as elevated temperature and discoloration. While many of the chemicals and substances that are regulated may be naturally occurring (calcium, sodium, iron, manganese, etc.) the concentration is often the key in determining what is a natural component of water, and what is a contaminant.9 Pollution is also caused when silt and other suspended solids, such as soil from ploughed fields, construction and logging sites, urban areas, are washed off into river banks when it rains. Under natural conditions, lakes, rivers, and other water bodies undergo Eutrophication10, an aging process that slowly fills in the water body with sediment and organic matter. When these sediments enter

7 Tibbetts, J Anon. ‘Water Environmental Solutions’, vol. 9, no. 8, p. 26, 1996 8 An oil spill is a release of a liquid petroleum hydrocarbon into the environment due to human activity, and is a form of pollution. The term often refers to marine oil spills, where oil is released into the ocean or coastal waters. 9 West, Larry "World Water Day: A Billion People Worldwide Lack Safe Drinking Water", March 26, 2006, Wikipedia 10 Depletion of oxygen in water: the process by which a body of water becomes rich in dissolved nutrients from fertilizers or sewage, thereby encouraging the growth and decomposition of oxygen-depleting plant life and resulting in harm to other organisms.

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various bodies of water, fish respiration becomes impaired, plant productivity and water depth become reduced, and aquatic organisms and their environments become suffocated.

Pollutants can be classified into several types depending indeed on the

composition and source. These types are; 1. Toxic or Hazardous wastes -- A toxic substance is a chemical pollutant that

is not a naturally occurring substance in aquatic ecosystems. The greatest contributors to toxic pollution are herbicides, pesticides and industrial compounds. Toxic or Hazardous wastes are chemical wastes that are either poisonous, reactive (capable of producing explosive or toxic gases), corrosive (capable of corroding steel), or ignitable (flammable).

2. Organic Substance -- Organic pollution occurs when an excess of organic matter, such as manure or sewage, enters the water. When organic matter increases in a pond, the number of decomposers will increase. These decomposers grow rapidly and use a great deal of oxygen during their growth. This leads to a depletion of oxygen as the decomposition process occurs. A lack of oxygen can kill aquatic organisms. As the aquatic organisms die, they are broken down by decomposers which lead to further depletion of the oxygen levels. Organic pollution can occur when inorganic pollutants such as nitrogen and phosphates accumulate in aquatic ecosystems. High levels of these nutrients cause an overgrowth of plants and algae. As the plants and algae die, they become organic material in the water. The enormous decay of this plant matter, in turn, lowers the oxygen level. The process of rapid plant growth followed by increased activity by decomposers and a depletion of the oxygen level is called eutrophication.

3. Thermal Pollution -- Thermal pollution can occur when water is used as a coolant near a power or industrial plant and then is returned to the aquatic environment at a higher temperature than it was originally. Thermal pollution can lead to a decrease in the dissolved oxygen level in the water while also increasing the biological demand of aquatic organisms for oxygen. Even small temperature changes in a body of water can drive away the fish and other species that were originally present, and attract other species in place of them. Thermal pollution can accelerate biological processes in plants and animals or deplete oxygen levels in water. The result may be fish and other wildlife deaths near the discharge source. Thermal pollution can also be caused by the removal of trees and vegetation that shade and cool stream.

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4. Ecological Pollution -- Ecological pollution takes place when chemical pollution, organic pollution or thermal pollution is caused by nature rather than by human activity. An example of ecological pollution would be an increased rate of siltation of a waterway after a landslide which would increase the amount of sediments in runoff water. Another example would be when a large animal, such as a deer, drowns in a flood and a large amount of organic material is added to the water as a result. Major geological events such as a volcano eruption might also be sources of ecological pollution.

5. Sediments and Heavy Metals -- soil particles carried to a streambed, lake, or ocean, can also be a pollutant if it is present in large enough amounts. Soil erosion produced by the removal of soil-trapping trees near waterways, or carried by rainwater and floodwater from croplands, strip mines, and roads, can damage a stream or lake by introducing too much nutrient matter. This leads to eutrophication. Sedimentation can also cover streambed gravel in which many fish, such as salmon and trout, lay their eggs. Heavy metals, such as copper, lead, mercury, and selenium, get into water from many sources, including industries, automobile exhaust, mines, and even natural soil. Like pesticides, heavy metals become more concentrated as animals feed on plants and are consumed in turn by other animals. When they reach high levels in the body, heavy metals can be immediately poisonous, or can result in long-term health problems similar to those caused by pesticides and herbicides. For example, cadmium in fertilizer derived from sewage sludge can be absorbed by crops. If these crops are eaten by humans in sufficient amounts, the metal can cause diarrhoea and, over time, liver and kidney damage. Lead can get into water from lead pipes and solder in older water systems; children exposed to lead in water can suffer mental retardation.11

SOURCES OF WATER POLLUTION Water pollutants may result natural and human activities. However, pollution

mostly results from several diverse human activities. Most human activities that contribute to water pollution are classified into Domestic/municipal, agricultural and industrial activities.

Pollution may result from municipal or domestic uses which consists of wastes waters from homes and commercial establishments. Such waste waters somehow find

11 Hart John, "Water Pollution.” Microsoft Encarta 2009 [DVD]. Redmond, WA: Microsoft Corporation, 2008.

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their way into public water resources and streams. In Africa, such sources can be said to contribute massively to environmental pollution through ill maintained sanitation. It is the significance of this problem that has led to world wide calls for treatment of wastewater especially those flowing from residential and commercial communities. For many years, the main goal of treating municipal wastewater was simply to reduce its content of suspended solids, oxygen-demanding materials, dissolved inorganic compounds, and harmful bacteria. In recent years, however, more stress has been placed on improving means of disposal of the solid residues from the municipal treatment processes.12 Similarly, although Sewage and food waste discarded from ships on the open sea do little harm, plastics thrown overboard can kill birds or marine animals by entangling them, choking them, or blocking their digestive tracts if swallowed.

Pollutants may also result from agricultural activities. As a matter of fact, most of the organic wastes discussed above13 are as a result of agricultural activities. Pollutants from such agricultural sources as farms, pastures, feedlots, and ranches contribute animal wastes, agricultural chemicals, and sediment from erosion. Chemicals used to kill unwanted animals and plants, for instance on farms or in suburban yards, may be collected by rainwater runoff and carried into streams, especially if these substances are applied too lavishly. Some of these chemicals are biodegradable and quickly decay into harmless or less harmful forms, while others are non biodegradable and remain dangerous for a long time. When animals consume plants that have been treated with certain non biodegradable chemicals, such as chlordane14 and dichlorodiphenyltrichloroethane (DDT), these chemicals are absorbed into the tissues or organs of the animals. When other animals feed on these contaminated animals, the chemicals are passed up the food chain. With each step up the food chain, the concentration of the pollutant increases. This process is called bio-magnification15.

Water does also get contaminated as a result of industrial activity. Nowadays, one of the main sources of water pollution is the waste material discharged by industrial units, known as industrial water pollution. Waste materials like acids, alkalise, toxic metals, oil, grease, dyes, pesticides and even radioactive materials are poured into the

12 Richman, M IND. Water Pollution WASTEWATER, vol. 5, no. 2, pp. 24-29, 1997 13 Such organic substances like fertilizers and dangerous chemicals used as pesticides etc are used in agricultural practices. 14Very toxic chemical used as pesticide 15 Also known as bioaccumulation: meaning the accumulation of a harmful substance such as a radioactive element, a heavy metal, or an organochlorine in an organism, especially of an organism that forms part of the food chain.

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water bodies by many industrial units. Some other important pollutants include polychlorinated biphenyl (PCB) compounds, lubricants and hot water discharged by power plants. The pollutants unloaded into the water bodies usually dissolve or remain suspended in water. Sometimes, they also accumulate on the bottom of the water bodies. Another important pollutant, that can endanger marine life, is the oil spilled by oil tanks. As per the estimates of the United Nations, 1.3 million barrels of oils are spilled annually into the Persian Gulf, and about 285 million gallons are spilled into the oceans every year.16

It is on record that the industrial revolution in the early years marked the beginning of the recognition of water pollution. For instance, Japan experienced severe environmental pollution during its push to industrialize in the late 19th century and again during the rush to rebuild the economy after World War II. Some of the worst pollution incidents caused great human suffering. One of the first episodes began in the late 19th century, when copper mining operations released effluents that contaminated rivers and rice fields in the mountains of central Honshu, sickening much of the local population.17 In the United States industry is the greatest source of pollution, accounting for more than half the volume of all water pollution and for the most deadly pollutants. Some 370,000 manufacturing facilities use huge quantities of freshwater to carry away wastes of many kinds.18 These industrial activities are famous for creating the world’s most recognized pollution. The BP oil spill in the Golf of Mexico is one classic example of industrial forms of pollution, where several thousand gallons of crude oil leaked into the Golf of Mexico causing a string of events that were detrimental to the environment.

This goes to establish that industrial activities contribute to water pollution either directly, as mentioned above, or indirectly especially in cases where the pollutant in question gets transformed into another form of pollution before finally polluting the water. For example, sulphur-dioxide from a power plant’s chimney begins as air pollution. The polluted air mixes with atmospheric moisture to produce airborne sulphuric-acid, which falls to the earth as acid rain. In turn, the acid rain can be carried into a stream or lake, becoming a form of water pollution that can harm or even eliminate wildlife.

16 http:/www.buzzle.com/articles/asbestos 17 Cybriwsky, Roman A., et al. "Japan." Microsoft Encarta 2009 [DVD]. Redmond, WA: Microsoft Corporation, 2008. 18 Htpp://www.inforplease.com/ce6/sci/A0835735.html

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EFFECTS OF WATER POLLUTION The effects of water pollution are numerous (as seen above). Some water

pollution effects are recognized immediately, whereas others don’t show up for months or years. Additional effects of water pollution include:19

1. The food chain is damaged. When toxins are in the water, the toxins travel from the water the animals drink to humans when the animals’ meat is eaten.

2. Diseases can spread via polluted water. Infectious diseases such as typhoid and cholera can be contracted from drinking contaminated water. This is called microbial water pollution. The human heart and kidneys can be adversely affected if polluted water is consumed regularly. Other health problems associated with polluted water are poor blood circulation, skin lesions, vomiting, and damage to the nervous system. In fact, the effects of water pollution are said to be the leading cause of death for humans across the globe.

3. Acid rain contains sulphate particles, which can harm fish or plant life in lakes and rivers.

4. Pollutants in the water will alter the overall chemistry of the water, causing changes in acidity, temperature and conductivity. These factors all have an affect on the marine life.

5. Marine food sources are contaminated or eliminated by water pollution. 6. Altered water temperatures (due to human actions) can kill the marine

life and affect the delicate ecological balance in bodies of water, especially lakes and rivers.

LEGAL CONTROL OF WATER POLLUTION It’s the concern of environmental law, being a branch of international law and

also municipal law, to also provide some form of legal control in order to stem the devastating effects of water pollution on not just humans but also on other species on planet earth. Such Law and regulation help to prevent and reduce water pollution incidents. Legislative action plans against water pollution are usually been developed at the international, regional and national levels.

19 http://scipeeps.com/types-of-water-pollution/

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International Legal Control International law deals mostly with marine pollution. These laws prohibit

dumping of waste and other hazardous materials at sea and also regulate oil spillages from ships and other vessels. International law has played a major role in controlling and reducing pollution in international waters.20 Perhaps the biggest reason for developing a worldwide effort to monitor and restrict global pollution is the fact that most forms of pollution do not respect national boundaries. The first major international conference on environmental issues was held in Stockholm, Sweden, in 1972 and was sponsored by the United Nations (UN). The most important outcome of the conference was the creation of the United Nations Environmental Program (UNEP). UNEP was designed to be the environmental conscience of the United Nations.21

Some of the examples of international legal framework to protect against the pollution of water are listed below;

1. The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78)

2. International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990 (OPRC)

3. International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances (HNS) by Sea

4. Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS) Protocol

5. The International Convention on the Control of Harmful Anti-fouling Systems on Ships

6. Nairobi International Convention on the Removal of Wrecks, 2007 7. The Helsinki Rules On The Uses Of Waters Of International Rivers

Municipal legal control The protection against the pollution of water resources in Nigeria over the past few

years has been solely the responsibility of the Federal Government. To this end, several

20 http://www.w3.org/TR/xhtmll/DTD/xtmll 21 MacDonnell, LJ., Water Quality LAND WATER LAW REVIEW., vol. 31, no. 2, pp. 329-348, 1996

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national legislations and policies had been put in place to reflect the performance of this duty.

The legislations include as follows22: 1. Constitution of the Federal Republic of Nigeria 1999

Section 20 Chapter 11 of the Constitution of the Federal Republic of Nigeria 1999 provides that “The state shall protect and improve the environment and safe guard the water, air, land, forest and wild life in Nigeria”.5 Under the second schedule, part 1, item 64 of the same constitution, the Federal Government of Nigeria has exclusive jurisdiction on primary water matters from sources affecting more than one state as maybe declared by the National Assembly. Therefore, the sourcing, production, supply and distribution of water other than those stated above falls under the concurrent legislative list under part 11 of the 1999 Constitution. Each federating state is permitted by the Constitution to legislate on water matters as it affects such state. Besides the Constitution of the Federal Republic of Nigeria, there are several federal and state laws that regulate the supply and usage on water in Nigeria as water is a complex and multifarious compound.

2. The Water Resources Act 1993. Besides the Constitution of the Federal Republic of Nigeria, the next primary law regulating water is the “Water Resources Act 101 OF 1993.”23 This law vest on the Federal Government of Nigeria through the Federal Ministry of Water Resources, the rights to regulate, develop, and license all water operators in Nigeria. This includes planning, development, and usage of Nigeria’s water resources, ensuring quality, quantity, distribution, use and management of water, ensuring application of appropriate standards and techniques for investigation, use control, protection, management and administration of water resources, facilitating technical assistance and rehabilitation for water supplies etc.

The Water Act gives the Minister for Water Resources very wide powers on water regulation such as to issue licences of water, storage, pumping or use of commercial scale or construction, maintenance, operation, repair of any borehole or hydraulic works etc. The Minister may also define places from which water may be taken or used, fix times of actual anticipated

22 Http://www.martindale.com/legal-library/advancesearch 23 Cap 101 1993, Laws of the Federation of Nigeria 2004

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shortage of water, amount of water which may be taken to by any person, prohibit temporarily or permanently, taking or use of water that is hazardous to health, revoke the right to use water where such right overrides public interest, require to be examined or license any drilling operations, regulate, place, depth, manner of construction of borehole or well. The Minister in the discharge of his duties is to make provision for adequate supply of suitable water for animals, irrigation, agriculture, domestic and non domestic use, generation of hydro electrical energy, navigation and recreation, drainage, safe disposal of sewage, prevention from pollution, prevention from flooding, soil erosion, reclamation of land, protection of the environment etc. Besides these wide powers, all dams in Nigeria are under the control, development, maintenance and supervision of the Federal Ministry of Water Resources. They include the Kainji Dam, the Lake Chad Dam etc. These very wide powers have often constrained all other water resources agencies including the National Assembly from exercising control and regulation over the water sector in Nigeria.

3. River Basins Development Authorities Act. This Act establishes and regulates all river basin authorities in Nigeria. The Act lists their functions as agriculture, irrigation, fisheries, forestry and veterinary institute.

4. The Various State Water Board Acts. All states in Nigeria has State Water Board Acts which establishes a state water board in each state to manage, supervise, control the use, consumption, maintenance of water and its ancillaries. State Water Boards report directly to the Governors of each state.

5. National Shipping Policy Act.24 The Act establishes the National Maritime Authority to co-ordinate and implement Nigeria’s shipping policies and all other matters incidental thereto. It therefore allows the maritime authority some room to affect policies of government with respect on water issues.

6. The National Resources Conservation Council Act.25

24 Cap 279, Laws of the Federation of Nigeria 1990.

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The Act provides for the establishment of a National Resources Conservation Council Act responsible for the conservation of natural resources of Nigeria and to formulate national policy for national resources conservation including water resources.

7. The Federal Environmental Protection Agency Act.26 Under this Act, no federal, state, local Government or any authority can perform any acts or duty or functions which may affect the environment without carrying out an environmental impact assessment including water projects. The FEPA has also made several regulations to regulate the environment National Environmental protection management of waste resources Regulations 1991.

8. Oil in Navigable Waters Act.27 The Act provides for the implementation of the international convention for prevention of pollution of the sea by oil and provides for remedies against such pollution.

CONCLUSION It is settled that water resources remain one of the most fundamental

constituents of human existence without which survival would be daunting. However with the massive dependence on water resources coupled with massive explosion in the population figures of humans, these very precious water resources has become limited and scarce.

As if that wasn’t enough, the limited available water is being polluted either as a result of human activities or natural causes. The pollution of water resources bears very catastrophic consequences not only to human beings but also to other species we as humans share the planet with. To stem the destruction of quality of water on a global level, the leaders of several nations, from time to time, formulate guiding principles and frameworks to provide acceptable standards in treatment of water resources. Following this steps, municipal legal regimes (including that of Nigeria) usually ratify and or make laws to protect water resources within their boundaries. 25 Cap 286, Laws of the Federation of Nigeria 1990. 26 Act No.59 of 1992, Laws of the Federation of Nigeria 2004. 27 Cap 337, Laws of the Federation of Nigeria 1990.

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Using Nigerian as a case study, there are national pollution laws governing the pollution of the environment such as the Federal Environmental Protection Agency Act. But with the recent international declarations and conventions, there is need to incorporate these conventions into Nigeria law. The Kyoto Declaration of 2003 that required all industrial countries to regulate their industrial emissions to protect the environment and ozone layer should be domesticated in Nigeria.

On water sanitation standards and quality, the National Agency for Food and Drug Administration and Control Act (NAFDAC) and the Standards Organization of Nigeria has both ensuring that consumed water in Nigeria is of international qualitative standards.

Indeed, the importance of the regulation cannot be overemphasized especially when the huge importance of water is put into consideration. It is also for this reason that law can be said to play its most important role in society and thereby provide for the accepted standards of behaviour as expected by the society.