The European Commission has written reasoned opinions to the United Kingdom asking it to take action on three-water related issues - Pembroke power station, urban waste water treatment and bathing water rules.
The first concerns Pembroke Power station, the largest gas-fired power station in Europe, where the power plant's cooling system has a damaging impact on the surrounding ecosystem, which is a Marine Special Area of Conservation (SAC) protected under EU law. Under the Environmental Impact Assessment Directive and the Habitats Directive, development consent should only be given after all the potential environmental impacts have been assessed.
According to the Commission, this does not appear to have been the case with the Pembrokeshire plant, where development and construction consents as well as a water abstraction licence and a permit for the dredging of the cooling system intake and outflow were granted before the full environmental assessments were completed. As a result, warm water with a heavy biocide load is currently being returned to the protected Milford Haven waterway. Many smaller fish, their eggs and other smaller organisms are affected by the cooling system, which passes large quantities of water from one end of the SAC through the plant and out the other side. The Commission letter also raises concerns about the application of the IPPC Directive on the final permits issued, in particular accepting this cooling system as Best Available Technology in this sensitive location and allowing an Environmental Quality Standard to be breached as a result.
The second letter concerns urban waste water treatment. Reports from the UK show a number of agglomerations still in breach of EU standards. The Commission’s reasoned opinion document, which follows letters of formal notice sent in June 2009 and June 2013, covers excessive spills of wastewater in Llanelli and Gowerton, Wales, into the sensitive waters of Burry Inlet, which are happening even during normal weather conditions (i.e. as opposed to during heavy rains); failures to provide secondary treatment for waste water in 9 agglomerations including Gibraltar; and failures to provide more stringent treatment for waste water in 24 agglomerations classified as sensitive areas. The UK has two months to respond.
The third reasoned opinion is with regard to bathing water legislation. The Commission requested a number of amendments to the UK enactment of EU bathing water rules, and while most have now been made, information is still awaited for some remaining amendments promised for Gibraltar. The UK now has two months to respond to the Commission.
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