S.I. No. 403/2025 - Urban Wastewater (Nutrient - Sensitive Areas) Regulations 2025

1. Uisce Éireann shall ensure that a monitoring method is applied which corresponds at least with the level of requirements described in this Schedule. Alternative methods to those mentioned in paragraphs 2, 3 and 4 may be used provided that it can be demonstrated that equivalent results are obtained.

2. Flow-proportional or time-based 24-hour samples shall be collected at the same well-defined point in the outlet and, if necessary, in the inlet of the treatment plant, in order to monitor compliance with the requirements for discharged wastewater specified in these Regulations. Good international laboratory practices aiming at minimising the degradation of samples between collection and analysis shall be applied.

3. The minimum annual number of samples shall be determined according to the size of the treatment plant and be collected at regular intervals during the year

2,000 to 9,999 p.e.

(i) 12 samples during the first year in which the treatment plant concerned is operational;

(ii) 4 samples in subsequent years where it can be shown that the water during the previous year complied with the provisions of these Regulations;

(iii) where one sample of the 4, referred to in subparagraph (ii), fails in any year, 12 samples shall be taken in the immediately subsequent year.

10,000 to 49,999 p.e.

12 samples

50,000 p.e. or over

24 samples

4. The treated wastewater shall be assumed to conform to the relevant parameters if, for each relevant parameter considered individually, samples of the water show that it complies with the relevant parametric value in the following way

(a) for the parameters specified in Part 1 of Schedule 2, a maximum number of samples which are allowed to fail the requirements, expressed in concentrations or percentage reductions in Part 1 of Schedule 2, is set out in the Table 1 to paragraph 5;

(b) for the parameters in Part 1 of Schedule 2 expressed in concentrations, the failing samples taken under normal operating conditions shall not deviate from the parametric values by more than 100% but, for the parametric value in concentration relating to total suspended solids, deviations of up to 150% may be accepted;

(c) for those parameters specified in Part 2 of Schedule 2 the annual mean of the samples for each parameter shall conform to the relevant parametric values.

5. Extreme values for the water quality in question shall not be taken into consideration when they are the result of unusual situations such as those due to heavy rain.

Table 1

Series of samples taken in any year

Maximum permitted number of samples which fail to conform

4-7

1

8-16

2

17-28

3

29-40

4

41-53

5

54-67

6

68-81

7

82-95

8

96-110

9

111-125

10

126-140

11

141-155

12

156-171

13

172-187

14

188-203

15

204-219

16

220-235

17

236-251

18

252-268

19

269-284

20

285-300

21

301-317

22

318-334

23

335-350

24

351-365

25

GIVEN under my Official Seal,

1 August, 2025.

DARRAGH O’BRIEN,

Minister for Climate, Energy and the Environment.

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation.

)

These Regulations impose requirements in relation to discharges from urban wastewater treatment facilities, give further effect to Directive No. 91/271/EEC (the Urban Wastewater Treatment Directive) and Directive No. 2000/60/EC (the Water Framework Directive) and revoke the following;

(a) the Urban Waste Water Treatment Regulations 2001 (

S.I. No. 254 of 2001

);

(b) the Urban Waste Water Treatment (Amendment) Regulations 2004 (

S.I. No. 440 of 2004

);

(c) the Urban Waste Water Treatment (Amendment) Regulations 2010 (

S.I. No. 48 of 2010

).

1 OJ No. L 135, 30.05.1991, p. 40.

2 OJ No. L 327, 22.12.2000, p. 1.

1 OJ No. L 135, 30.05.1991, p. 40.

2 OJ No. L 327, 22.12.2000, p. 1.

1 OJ No. L 135, 30.05.1991, p. 40.

2 OJ No. L 327, 22.12.2000, p. 1.

6. The water bodies specified in Schedule 3 are identified as sensitive areas for the purposes of these Regulations.

Treatment plant requirements

7. (1) Uisce Éireann shall ensure that a treatment plant provided in compliance with the requirements of these Regulations is designed, constructed, operated and maintained to ensure sufficient performance under all normal local climatic conditions.

(2) Seasonal variations of the load shall be taken into account when designing a treatment plant.

(3) A treatment plant shall be so designed or modified that representative samples can be obtained of the incoming wastewater and of treated effluent before discharge to receiving waters.

(4) A point of discharge of urban wastewater from a treatment plant shall be so chosen as to minimise the adverse effects on the receiving environment.

Functions under other legislation

8. Uisce Éireann shall take all such steps, as may be appropriate, in discharge of its functions under

sections 16

and

17

of the

Local Government (Water Pollution) Act 1977

(No. 1 of 1977) and under

section 97

of the

Environmental Protection Agency Act 1992

(No. 7 of 1992), to ensure that the requirements of Schedule 4 are met with respect to the discharge of industrial wastewater and shall review, and if necessary revise, any licence concerned at regular intervals.

Monitoring

9. (1) Uisce Éireann shall carry out, cause to be carried out, or arrange for, the monitoring of the following

(a) discharges from urban wastewater treatment plants in accordance with the procedures set out in Schedule 5 in order to verify compliance with the requirements of these Regulations, as appropriate;

(b) waters subject to a discharge from an urban wastewater treatment plant where it can be expected that the receiving waters will be significantly affected.

(2) The results of monitoring carried out under this Regulation shall be transmitted to the Environmental Protection Agency in such manner and at such times as that Agency shall direct.

Consequential amendments

10. (1) Regulation 2 of the European Communities (Waste Water Treatment) (Prevention of Odours and Noise) Regulations 2005 (

S.I. No. 787 of 2005

) is amended by substituting the following for the definition of waste water treatment plant

“ ‘waste water treatment plant’ means a wastewater treatment plant provided and operated by or on behalf of Uisce Éireann in accordance with the Urban Wastewater (Nutrient-Sensitive Areas) Regulations 2025 or otherwise and includes related pipes and accessories.”,

(2) Regulation 3 of the Waste Water Discharge (Authorisation) Regulations 2007 (as amended by Regulation 7 of European Union (Waste Water Discharge) Regulations 2020 (

S.I. No. 214 of 2020

)) is amended by substituting the following definition for the definition of Urban Waste Water Regulations

“ ‘Urban Waste Water Regulations’ means the Urban Wastewater (Nutrient-Sensitive Areas) Regulations 2025”,

(3) Article 7(b)(iii) of the European Communities Environmental Objectives (Surface Waters) Regulations 2009 (

S.I. No. 272 of 2009

) is amended by the substitution of “the Urban Wastewater (Nutrient-Sensitive Areas) Regulations 2025” for “the Urban Waste Water Treatment Regulations 2001 (

S.I. No. 254 of 2001

) as amended by the Urban Waste Water Treatment (Amendment) Regulations 2004 (

S.I. No. 440 of 2004

)”.

(4) Column (3) of entry no. 7 in the Table set out in the Schedule to the European Union (Resilience of Critical Entities) Regulations 2024 (

S.I. No 559 of 2024

) is amended by substituting “Urban Wastewater (Nutrient-Sensitive Areas) Regulations 2025” for “Urban Waste Water Treatment Regulations 2001 (

S.I. No. 254 of 2001

)”.

Revocations

11. The following are revoked

(a) the Urban Waste Water Treatment Regulations 2001 (

S.I. No. 254 of 2001

);

(b) the Urban Waste Water Treatment (Amendment) Regulations 2004 (

S.I. No. 440 of 2004

);

(c) the Urban Waste Water Treatment (Amendment) Regulations 2010 (

S.I. No. 48 of 2010

).

Schedule 1

Regulation 3(2)

Collecting Systems

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

22

nd August,

2025.

I, DARRAGH O’BRIEN, Minister for Climate, Energy and the Environment (as adapted by the Environment, Climate and Communications (Alteration of Name of Department and Title of Minister) Order 2025 (

S.I. No. 235 of 2025

)) in exercise of the powers vested on me by

sections 6

and

59

of the

Environmental Protection Agency Act 1992

(No. 7 of 1992), and for the purpose of giving further effect to Council Directive 91/271/EEC of 21 May 1991

1

and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000

2

, both as amended, hereby make the following regulations

Citation