Dáil Éireann debate -
Wednesday, 11 Jun 2003

Vol. 568 No. 2

Written Answers. - Water Supply Contamination.

David Stanton

Question:

210 Mr. Stanton asked the Minister for the Environment Heritage and Local Government the measures and procedures in place to protect aquifers from damage due to quarrying or sand and gravel extraction; his further plans in this regard; and if he will make a statement on the matter. [16122/03]

Minister for the Environment, Heritage and Local Government (Mr. Cullen)

I refer to the reply to Question No. 883 of 29 January 2003.

In general, where an activity that involves a risk to groundwater is being carried on by any person, that person carries primary responsibility for protecting the groundwater against pollution. It is an offence for a person to cause or permit polluting matter to enter waters, including an aquifer, and a person can be held liable for all measures necessary to mitigate or remedy any damage caused to an aquifer. Among public authorities, responsibility for the protection of groundwater is assigned primarily to local authorities under the Local Government (Water Pollution) Acts and related regulations. The EPA exercises general supervision under the Environmental Protection Agency Act 1992 in relation to the performance by local authorities of their environmental protection functions and has responsibility for groundwater protection in the context of its own licensing, monitoring and other functions.

Complementary controls in relation to the extraction of minerals and other materials such as sand, gravel, stone or clay are exercised by authorities such as planning authorities, the EPA and the Minister for Communications, Marine and Natural Resources. Under the provisions of the Minerals Development Acts 1940 to 1999, the Minister for Communications, Marine and Natural Resources is empowered to issue prospecting licences and subsequently, when an economic deposit has been defined, a State mining facility in relation to the extraction of minerals. Planning permission and an integrated pollution control, IPC, licence must be obtained before the commencement of commercial extraction of minerals. In such cases, appropriate controls on emissions are incorporated in the IPC licence granted by the EPA, including controls in relation to matters such as emissions to air and water, noise – including vibration, waste storage and disposal.

The operation of a quarry constitutes development which requires planning permission and, in the case of activities involving the extraction of materials such as sand, gravel, stone or clay, conditions may be attached to a planning permission to provide for appropriate controls on emissions. Section 261 of the Planning and Development Act 2000 will introduce additional controls on the operation of quarries. Detailed guidance for the assistance of planning authorities on the implementation of these provisions is currently being prepared in my Department. It is intended to commence this section of the Act following the publication of the guidance in the autumn.

Guidelines, prepared jointly by the GSI, the EPA and my Department, on the preparation of groundwater protection schemes, were issued to local authorities in May 1999. These schemes provide a systematic framework for the protection of groundwater by public authorities in the discharge of their functions under the Planning Acts, the Waste Management Act, the Local Government (Water Pollution) Acts, and other legislation. Groundwater protection schemes have been made in relation to five counties, in consultation with the Geological Survey of Ireland, and a further eight are in preparation at present.