EC Takes U.K. to Court Over Wastewater Treatment, Collection Systems
October 12 , 2009 // Published as a news service by IHS
The European Commission (EC) announced on Oct. 8 it will take the United Kingdom to the European Court of Justice on the grounds that urban wastewater treatment facilities and collection systems in London and Whitburn in northeast England do not comply with European Union (EU) legislation.
The EC said these wastewater collection systems are being allowed to spill untreated wastewaters from storm water overflows (known as "combined sewer overflows" in the U.K.) too frequently and in excessive quantities.
The EC said it is also concerned that the treatment capacity for the wastewaters collected in London is in need of improvement.
These shortcomings represent an infringement of Directive 91/271/EEC, the 1991 EU directive on urban wastewater treatment.
This directive requires that EU member states put in place adequate wastewater collecting systems and treatment facilities for large towns and cities by the end of 2000. The wastewaters collected are required to undergo appropriate treatment before they are released.
The directive provides that collection systems and treatment plants may be allowed to spill wastewater in certain situations, such as emergency shutdowns or during unusually heavy rainfall, but the EC said that the spills being authorized in the two U.K. cases are excessive and go beyond what the legislation provides for.
Untreated waste-water can be a serious threat to human health, since untreated wastewater can carry harmful bacteria and viruses into waters used for bathing or other related forms of recreation. Untreated wastewater also contains nutrients, such as nitrogen and phosphorous, which can damage the marine environment by promoting excessive growth of algae, choking off other life.
"More attention needs to be paid to upgrading collecting systems to ensure full compliance with EU legislation on wastewater treatment. Such investment will bring enormous benefits in terms of improving the quality of the environment," said EC Environment Commissioner Stavros Dimas.
Legal Procedure
Article 226 of the treaty by which the EU was formed gives the EC powers to take legal action against a member state that is not respecting its obligations.
If the EC considers that there may be a violation of EU law that warrants the opening of an infringement procedure, it addresses a Letter of Formal Notice (first written warning) to the member state concerned, requesting it to submit its observations by a specified date, usually two months.
In the light of the reply or absence of a reply from the member state concerned, the EC may decide to address a Reasoned Opinion (final written warning) to the member state. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law, and calls upon the member state to comply within a specified period, usually two months.
If the member state fails to comply with the Reasoned Opinion, the EC may decide to bring the case before the European Court of Justice. If that court finds that the treaty has been infringed, the offending member state is required to take the measures necessary to conform.
Article 228 of the treaty gives the EC power to act against a member state that does not comply with a previous judgment of the Court of Justice of the European Communities. The article also allows the EC to ask the court to impose a financial penalty on the member state concerned.
Source: European Commission (EC).