Laois County Development Plan 2021–2027

1. Page 221

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   Chapter 10 Infrastructure 219 | P a g e Rural Water and Wastewater Policy Objectives WS 20 Support, monitor, advise and administer Group Water Schemes on behalf of the DHPLG in conjunction with the NFGWSs by implementation of Source Protection Works, Water Treatment Improvements, Amalgamation / Rationalisation of schemes and administering of Capital Replacement Costs. WS 21 Continue to draw up and implement annual programmes for the monitoring of water quality in Group Water Schemes in accordance with the European Union (Drinking Water) Regulations 2014, as amended and as approved by the EPA. WS 22 Embed water conservation at the heart of water policy through prioritising resource management, abstraction control, source protection, tackling leakage and encouraging behavioural change. WS 23 Promoting water conservation and water resource management reflected in investment for leak detection and repair, network improvements, cost effective metering and awareness campaigns among the GWS. WS 24 Ensuring that rural water services investment decisions are aligned with the broad strategic aims of Project Ireland 2040: National Planning Framework2 and Improve the resilience of rural water supplies by supporting the implementation of the following measures: ➢ New Group Water Schemes and extensions; ➢ Transition of Group Water and Group Sewerage schemes to the Public(Irish Water) Water Sector; ➢ Community Connections (Water & Wastewater) Networks; ➢ Innovation and Research. WS 25 Ensure that the scheme relating to private wells is administered effectively and that improvements to sources and/or treatment works are carried out in accordance with IW and EPA standards. WS 26 Work in conjunction with stakeholders through various measures to improve the quality, reliability and efficiency of water services for consumers of Small Private Supplies3 where Irish Water services are not available and thereby sustain and enhance the social, economic and future prosperity of the rural water sector. WS 27 Support, monitor, advise and raise awareness among owner/operators of SPSs of the their duties as water suppliers under the European Union (Drinking Water) Regulations 2014 as amended to ensure that a safe and dependable water supply is available to those persons who avail of the service (Customers/service users/children etc). WS 28 Collaborate with stakeholders including LA Water and Environmental Servicesstaff, the HSE, LEO staff, Laois Chamber, representatives from the educational, tourist, childcare and hospitality sectors to raise awareness among their members of the duties of the Owners/Operators in relation to the provision of clean and wholesome drinking water. WS 29 Maintain and update its register of SPSs and focus enforcement powers on those schemes that are non-compliant with the Drinking Water Regulations by carrying out Audits on these schemes and by further enforcement measures if improvements are not implemented. Where the option exists to connect to a public water supply, the water supplier will be encouraged to make an application to IW for a connection.

2. Page 222

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   Chapter 10 Infrastructure 220 | P a g e 10.4 ENVIRONMENTAL SERVICES Laois County Council’s environmental policy objectives aim to minimise waste using the Circular Economy concept; mitigate where possible and adapt to the impacts of climate change; protect and improve ground and surface waters; and provide a clean natural environment. The Environmental Services consist of Waste Management (Waste Recovery & Disposal and Enforcement) and Environmental Protection (Water Quality, Air Pollution & Noise). 10.4.1 WASTE MANAGEMENT The concept of the Circular Economy is to minimise waste going to landfill and maximise waste as a resource. This means that prevention, preparation for reuse, recycling and recovery are prioritised in that order, over the disposal of waste. The European Commission has proposed a recycling rate of 65% for 2030 for the Circular Economy Package. The Council will support circular economy principles, prioritising prevention, re-use, recycling and recovery over the disposal of waste. The Waste Action Plan for a Circular Economy is Ireland’s new roadmap for waste planning and management. This Plan shifts focus away from waste disposal and looks instead to how we can preserve resources by creating a circular economy. 2 See at this link: http://www.gov.ie/en/project-ireland-2040 3 Small Private Supplies are private water supplies with a commercial or public use e.g. Hotels, B and Bs, Schools, Crèches, Nursing Homes, Public Houses that are supplied from a private source e.g. Borehole or well. These supplies are not connected to the Public Water Supplies . The owner or operator of the supply is the water supplier and the Local Authority is the Supervisory Authority under the European Union (Drinking Water) Regulations 2014, as amended. The Plan sets out a range of aims and targets for the State and the measures by which these will be achieved, including increased regulation and measures across various waste areas such as Circular Economy, Municipal Waste, Consumer Protection & Citizen Engagement, Plastics and Packaging, Construction and Demolition, Textiles, Green Public Procurement and Waste Enforcement. The overarching objectives of the Waste Action Plan for a Circular Economy are to: Produc

3. Page 223

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   Chapter 10 Infrastructure 221 | P a g e • Shift the focus away from waste disposal and treatment to ensure that materials and products remain in productive use for longer thereby preventing waste and supporting reuse through a policy framework that discourages the wasting of resources and rewards circularity; • Make producers who manufacture and sell disposable goods for profit environmentally accountable for the products they place on the market; • Ensure that measures support sustainable economic models (for example by supporting the use of recycled over virgin materials); 10.4.1.1 Waste Recovery and Disposal Laois County Council is actively involved in facilitating the delivery of a more sustainable approach to waste management within the county. Key to this is the implementation of the Eastern‐Midlands Regional Waste Management Plan 2015‐2021 and the Waste Action Plan for a Circular Economy. Waste Management policy is predicated on the EU Waste Hierarchy of prevention, preparing for reuse, recycling, energy recovery and sustainable disposal. The Eastern–Midlands Region Waste Management Plan, 2015-2021 provides the framework for waste management in the Region and sets out a range of policies and actions to meet specified mandatory and performance based targets. The strategic vision of the regional waste plan is to rethink the approach to managing waste, by viewing waste streams as valuable material resources. Three strategic targets have been set in the plan covering the areas of prevention, recycling and landf illing. • 1% reduction per annum in the Quantity of Household Waste per capita over the period of the Plan. • Achieve a Recycling Rate of 50% of managed municipal waste by 2020 • Reduce to 0% the direct disposal of unprocessed residual Municipal waste to landfill (from 2016 onwards) in favour of higher value pre- treatment and indigenous recovery practices. In tandem, the Plan identifies measures to develop a circular economy whereby waste management initiatives are no longer confined to treating and disposing of waste, instead supporting initiatives that value waste as a resource or potential raw material. The delivery of these targets will require the local authority and industry to work together. Waste Recovery & Disposal Policy Objectives ES 1 Implement and support the strategic objectives of the Waste Action Plan for a Circular Economy – Ireland’s National Waste Policy 2020-2025. ES 2 Implement and support the strategic objectives of the Eastern Midlands Regional Waste Management Plan 2015-2021 and any subsequent Waste Management Plan adopted during the current development plan period. ES 3 Promote circular economy principles, prioritising prevention, reuse, recycling and recovery, and to sustainably manage residual waste. New developments will be expected to take account of the provisions of the Waste Management Plan for the Region and observe those elements of it that relate to waste prevention and minimisation, waste recycling facilities, and the capacity for source segregation.

4. Page 224

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   Chapter 10 Infrastructure 222 | P a g e 10.4.1.2 Waste Enforcement The implementation and enforcement of environmental legislation is one of the key responsibilities of the Council’s Environment Section. The main pieces of legislation are the Waste Management Act, 1996, as amended and the Litter Pollution Act, 1997, as amended. In relation to waste activities, the principal piece of legislation is the Waste Management Act, 1996, as amended. Under the Act, it is the responsibility of the Council to monitor and inspect waste activities generally and to take appropriate and proportionate enforcement action in respect of illegal waste activities. In relation to litter, the principal piece of legislation is the Litter Pollution Act, 1997, as amended. Laois County Council’s Strategy on litter as set out in the Laois County Council Litter Management Plan 2018‐2020, aims to increase public awareness by increased education, and to promote a litter free environment through the implementation of enforcement action through the relevant legislation. The Council shall continue its education and awareness programmes in local schools and shall promote schemes and initiatives which aim to reduce litter pollution in the County. Waste Management Enforcement Policy Objectives ES 4 Implement the provisions of the Waste Management Act, 1996, as amended and associated Waste Regulations. ES 5 Investigate and take appropriate legal action against those involved in unauthorized waste activities. ES 6 Implement the provisions of the Litter Pollution Act, 1997, as amended and the Laois Litter Management Plan 2018 -2020 and any subsequent revisions. ES 7 Implement, complete and report to the EPA on the annual agreed Recommended Minimum Criteria for Environmental Inspections (RMCEI). ES 8 Encourage and support the segregation of food waste and the provision of separate collection of waste in accordance with the requirements of the EU (Household Food Waste & Bio-Waste) Regulations 2015, the Waste Management (Food Waste) Regulations 2009, the Waste Framework Directive Regulations, 2011 and other relevant legislation. ES 9 Implement the provisions of the Laois Waste Management (Storage, Presentation and Segregation of Household & Commercial) Waste Bye-Laws 2018 and to take enforcement action where necessary to protect the environment and local amenities. ES 10 Process and make recommendations of all Waste Facility Permit (WFP) and Certificate of Registration (COR) Applications under the relevant Regulations. To monitor and inspect all authorised facilities with WFPs & CORs. ES 11 Require Construction and Environmental Management Plans (CEMPs) to be prepared for larger scale projects and this requirement shall be assessed on a case by case basis as part of the development management process. ES 12 Require that all construction projects are carried out in accordance with Best Practice Guidelines on the Preparation of Waste Management Plans for Construction and Demolition Projects.

5. Page 225

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   Chapter 10 Infrastructure 223 | P a g e Waste Management Enforcement Policy Objectives ES 13 Encourage best environmental practice in all agricultural, industry, business and local authority activities. 10.4.1.3 Laois Recycling Facilities Civic Amenity Facilities Laois has two Civic Amenity Sites (Kyletalesha, Portlaoise & Portarlington) in operation for the acceptance of recyclable materials and waste electrical and electronic equipment. The Portlaoise Facility is managed and operated directly by the Council whereas the Portarlington Facility is currently managed and operated by an authorised Waste Contractor. The Council is developing a 10-year roadmap for the strategic planning and development of the Kyletalesha Landfill and Civic Amenity Site. Bring Banks There are currently 46 bring banks within the County for the collection of aluminium / metal cans and glass. There are also a number of privately owned/operated textile banks throughout the county. The collection of the materials from the bring banks is carried out by an authorised contractor engaged under a regional contract (Laois, Longford, offaly & Westmeath). The Council aims to maintain improve and increase the capacity of these existing recycling facilities pending regular reviews being carried out investigating the necessity and viability of each facility. The Council will seek out further suitable sites for these facilities. Civic Amenity Facilities & Bring Bank Policy Objectives ES 14 Provide for, improve and maintain the network of bring infrastructure (e.g. civic amenity facilities, bring banks) in the County to facilitate the recycling and recovery of hazardous and non-hazardous municipal wastes. ES 15 Develop a 10-year roadmap for the strategic planning and development of the Kyletalesha Transfer Station and Civic Amenity Site. ES 16 Develop the Bring Bank Regional Contract to improve the quality of service and frequency of collection. 10.4.2 ENVIRONMENTAL PROTECTION 10.4.2.1 The Water Framework Directive Water provides a clean source of drinking water, a vital raw material for industry, and a home for a huge variety of aquatic plants and animals in County Laois. The Water Framework Directive (2000/60/EC) (WFD) establishes a framework for the protection of all waters including rivers, lakes, estuaries, coastal waters, groundwater, canals and other artificial water bodies for the benefit of everyone.

6. Page 226

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   Chapter 10 Infrastructure 224 | P a g e 10.4.2.2 The Water Framework Directive Water provides a clean source of drinking water, a vital raw material for industry, and a home for a huge variety of aquatic plants and animals in County Laois. The Water Framework Directive (2000/60/EC) (WFD) establishes a framework for the protection of all waters including rivers, lakes, estuaries, coastal waters, groundwater, canals and other artificial water bodies for the benefit of everyone. National River Basin Management Plans (2018 - 2027) In County Laois we have the Nore and Barrow catchments and a tributary of the Shannon catchments. Management of water resources must be planned and implemented, through the National River Basin Management Plan (RBMP 2018-2021). The Plan outlines the measures that will be taken to protect and improve water quality up to 2021. Work is now underway to prepare the third cycle of River Basin Management Plan (2022-2027). 10.4.2.3 Water Quality in Laois The protection of our surface and groundwater resources is one of the most fundamental challenges facing Laois in the future as good quality water is essential in supporting diverse and varied ecosystems, sustainable communities and a developed economy. The Environmental Protection Agency recently published its Water Quality in Ireland Report 2013-2018. Water quality in County Laois is quite good with 58% of rivers stations in the county at good or high ecological status. However there is no room for complacency, a deterioration in some of our most pristine river sites is a very significant concern. The Blue Dots Catchment Programme has been established under the current River Basin Management Plan specifically to improve the protection and restoration of these high ecological status water bodies. The Nore Freshwater Pearl Mussel, known as Margaritifera durrovensis found only in the River Nore in Laois (not found anywhere else in the world) and its habitat needs protection. Groundwater quality remains good, with 70% of the groundwater underlying County Laois is at good status and 5% identified as being at risk. The status of 25 % of groundwaters in Co. Laois is currently under review. The protection of groundwater is so important in Co. Laois as nearlyall of our public and private water supplies are from groundwater sources. In County Laois, the most significant pressures on water quality are Agriculture, Urban Waste Water, Forestry, Urban run-off and Hydromorphology. Other activities which also impact on water quality are Mines and Quarries, Industry, Peat Extraction and Domestic Waste Water. Laois County Council is working to protect this valuable natural resource which is fundamental for the development of the county. Important elements in delivering targets include the regime of planning permissions, waste permits and discharge licenses and enforcement of planning law, waste management law and water pollution law as well as the licensing of effluent discharge, inspection of Domestic Waste Water Treatment Systems, farming and business activities, and monitoring the quality of our waters. To try and improve water quality, Laois County Council is working closely with The Local Authority Waters Programme (LAWPRO), the EPA, the IFA and other agencies such as Inland Fisheries Ireland, Coillte and Bord na Móna to identify the specific issues that are impacting on our rivers and to implement solutions. The Council will also work with the community including the farming community to protect the environment through the effective management of environmental resources.

7. Page 227

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   Chapter 10 Infrastructure 225 | P a g e 10.4.2.4 Water Quality Protection The Council operates under the Water Pollution Acts 1977 and 1990 which enables Local Authorities to: • Prosecute for water pollution offences; • Attach appropriate pollution control conditions in the licensing of effluent discharges from industry, etc., made to waters; • Issue notices requiring a person to cease the pollution of waters and requiring the mitigation or remedying of any effects of the pollution in the manner and within the period specified in such notices; • Seek court orders, including High Court injunctions, to prevent, terminate, mitigate or remedy pollution/its effects; • Prepare water quality management plans for any waters in or adjoining their functional areas; • Make bye‐laws regulating certain agricultural activities where the Local Authority considers this to be necessary so as to prevent or eliminate pollution of waters Water Quality Policy Objectives ES 17 Implement the provisions of water pollution abatement measures in accordance with National and EU Directives and other legislative requirements in conjunction with other agencies as appropriate. ES 18 Maintain and improve the water quality in rivers and other water courses in the county, including ground waters. The Council will have cognizance of, where relevant, the EU’s Common Implementation Strategy Guidance Document No. 20 and 36 which provide guidance on exemptions to the environmental objectives of the Water Framework Directive. ES 19 Minimise the impact on groundwater of discharges from domestic wastewater treatment systems and other potentially polluting sources. The Council will comply with the Environmental Protection Agency’s ‘Code of Practice: Wastewater Treatment and Disposal Systems Serving Single Houses’ (2009) and the Environmental Protection Agency’s ‘Code for Treatment Systems for Small Communities, Business, Leisure Centres and Hotels’. ES 20 Assist and support with the Blue Dots Catchment Programme which been established under the current River Basin Management Plan specifically for the protection and restoration of high ecological status water bodies. ES 21 Ensure the protection of all High Status Water Bodies in the county by complying with the requirements of the Local Government (Water Pollution) Act 1977, (as amended), the Nitrates Directive (91/676/EEC), the European Communities Environmental Objectives (Surface Waters) Regulations 2009, the European Communities (Groundwater) Regulations 2010; which standards and objectives are included in the River Basin Management Plans, and other relevant Regulations. ES 22 Ensure where private wastewater treatment systems are permitted by virtue of their remoteness from Public Wastewater Schemes to serve commercial and business developments, e.g Motorway Service Stations, Tourism and the Hospitality Sector etc, that their performance is monitored and audited so that they are operated in compliance with their wastewater discharge license, in order to protect water quality.

8. Page 228

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   Chapter 10 Infrastructure 226 | P a g e 10.4.2.5 Groundwater Protection Groundwater provides drinking water requirements and almost 100% of households and businesses in county Laois via public, group scheme and private wells. Groundwater also contributes water to the river system as base flow, and so its quality is intrinsically linked to surface water quality. The main threats are posed by: i) Point contamination sources e.g. farmyard wastes (mainly silage effluent and soiled water), industrial discharges, activities related to quarrying and extraction, septic tank effluent, leakages, spillages, the improper use of pesticides and leachate from waste disposal sites. ii) Diffuse sources e.g. spreading of fertilisers (organic and inorganic) and pesticides Map 10.4: Laois’s Groundwater Protection Scheme A number of surface water bodies are protected by way of Special Area of Conservation (SAC) designation. Sensitive aquifers that contribute to the groundwater resources of the county also require protection and careful management. The Geological Survey of Ireland has completed a Groundwater Protection Scheme for County Laois. The overall aim of a Groundwater Protection Scheme is to preserve the quality of groundwater, for drinking water, surface water ecosystems and terrestrial ecosystems, for the benefit of present and future generations. The Groundwater Protection Scheme provides guidance for Laois County Council in decisionmaking on the location, nature and control of developments and activities in order to protect groundwater. Some areas may not have suitable hydrogeological conditions to accommodate discharges to groundwater such as a conventional septic tank or a proprietary wastewater system; in addition a high density of septic tanks in an area may cause a reduction in water quality. Source Protection Areas for Groundwater sources, particularly for public, group scheme and industrial supplies, are of critical importance. Consequently, Source Protection Areas are delineated

9. Page 229

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   Chapter 10 Infrastructure 227 | P a g e around groundwater sources to provide protection by placing tighter controls on activities within those areas. Source Protection Areas are divided into Inner Protection Areas and Outer Protection Areas. Development within Source Protection Areas shall be subject to stringent requirements in accordance with the Groundwater Protection Scheme and the Water Services Acts 2007 & 2012. In County Laois, the main pressures on waterbodies are from nutrients related toagriculture. The objective of the Nitrates Directive is the prevention of the pollution of ground water and surface waters by nitrates from agricultural sources. The Council works with the Department of Agriculture, Food and the Marine to achieve the maximum protection of waters from nitrate and phosphorous pollution, and will seek compliance with any bye-laws made underthe Local Government (Water Pollution) (Amendment) Act 1990 in relation to agricultural activities in those parts of the county, which have been prescribed in the byelaws. There are also pressures on groundwater bodies from housing developments and single dwellings located in areas where the groundwater vulnerability is extreme or high. Waste Water Treatment Systems which serve these developments must be appropriate for the area and maintained according to their manufacturer’s instructions on a on-going basis to prevent pollution of groundwater. Groundwater Protection Policy Objectives ES 23 Ensure, through the implementation of the relevant River Basin Management Plan and their associated Programmes of Measures and any other associated legislation, the protection and improvement of all drinking water, surface water and ground waters throughout the county. ES 24 Protect and develop, in a sustainable manner, the existing groundwater sources and aquifers in the County and control development in a manner consistent with the proper management of these resources, in accordance with the County Water Source Protection Zones. ES 25 Assist and co-operate with the EPA, LAWPRO and IW in the Continued implementation of the EU Water Framework Directive. ES 26 Minimise the impact on groundwater of discharges from septic tanks and other potentially polluting sources through compliance with the Environmental Protection Agency’s ‘Code of Practice: Wastewater Treatment and Disposal Systems Serving Single Houses’ (2009). ES 27 Ensure the protection of groundwater dependant Natura 2000 sites which rely on the continued supply of groundwater resources to secure the key environmental conditions that support the integrity of the site and through the protection of groundwater standards as defined by the National River Basin Management Plan 2018 – 2021 (and any subsequent Plan). Where no detailed Plan for protection of a specific source is available wastewater discharge will not be permitted within a radius of 200 metres of that source. ES 28 Ensure that Source Protection Areas are identified for any public and group scheme water supplies or multiple unit housing developments with private water supplies. ES 29 Continue efforts to improve water quality under the Local Government (Water Pollution) Act 1977, (as amended) and by implementing the measures outlined under the Nitrates Directive (91/676/EEC) and complying with the requirements of the Surface Water Legislation Environmental Objectives (Surface Waters) Regulations 2009, the European

10. Page 230

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    Chapter 10 Infrastructure 228 | P a g e Groundwater Protection Policy Objectives Communities (Groundwater) Regulations 2010; which standards and objectives are included in the River Basin Management Plans, and other relevant Regulations. ES 30 Ensure that all industrial development is appropriately located, to seek effluent reduction and 'clean production' where feasible, and require that waste water treatment facilities are adequate, and that effluents are treated and discharged in a satisfactory manner. ES 31 New developments which include on-site wastewater treatment in an Extreme Vulnerability Inner Source Protection Area shall be restricted to the following categories: a. A dwelling for a full-time farmer; b. An existing inhabited dwelling in need of replacement; c. A second family dwelling on a farm where this is required for management of the farm Permission may be granted in the above instances subject to the following stipulations: a. That an alternative site outside the Extreme vulnerability Inner Protection Area is not available b. The existing water quality of the source is not subject to any significant nitrate and /or microbiological contamination c. The existing water quality of the groundwater source is in compliance with the environmental objectives set out in relevant River Basin District Management Plan. ES 32 Control intensive agriculture development e.g. intensive pig unit productions in orderto minimise their impact on soil and ground water quality. Developments involving intensive pig units shall be required to show compliance with the following requirements: a. The developer shall demonstrate that all lands available are suitable for landspreading of manures and have satisfactory Nutrient Management Plans for such lands b. Satisfactory arrangements for storage, management and spreading of slurries are provided. ES 33 Encourage the use of catchment-sensitive farming practices, in order to meet Water Framework Directive targets, European Union (Good Agricultural Practice for Protection of Waters) Regulations 2017, as amended and comply with the relevant River Basin Management Plan. ES 34 Consult as necessary with other competent authorities with responsibility for environmental management. ES 35 To work in co-operation with relevant organisations and major stakeholders, to ensure a co-ordinated approach to the protection and improvement of the county’s water resources. ES 36 Ensure that developments that may adversely affect water quality will not proceed unless mitigation measures are employed, such as settlements ponds, interceptors etc. ES 37 Promote public awareness of water quality issues and the measures required to protect both surface water and groundwater bodies.

Source Laois County Council: Laois County Development Plan 2021–2027 (2021–2027) · Licence the publisher's termsText read from the publisher’s PDF; tables, maps and drawings do not survive as text, and page numbers are the PDF’s (its first page is 1). Check the original before relying on a passage.