Council Directive 91/271/EEC of 21 May 1991 concerning
urban waste-water treatment
Official Journal L 135 , 30/05/1991
p. 0040 - 0052
Text:
COUNCIL DIRECTIVE of 21 May 1991 concerning
urban waste water treatment (91/271/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular 130s thereof,
Having regard to
the proposal from the Commission (1),
Having regard to the opinion of
the European Parliament (2),
Having regard to the opinion of the
Economic and Social Committee (3),
Whereas the Council Resolution of
28 June 1988 on the protection of the North Sea and of other waters in the
Community (4) invited the Commission to submit proposals for measures
required at Community level for the treatment of urban waste water;
Whereas pollution due to insufficient treatment of waste water in one
Member State often influences other Member States' waters; whereas in
accordance with Article 130r, action at Community level is necessary;
Whereas to prevent the environment from being adversely affected by
the disposal of insufficiently-treated urban waste water, there is a
general need for secondary treatment of urban waste water;
Whereas it
is necessary in sensitive areas to require more stringent treatment;
whereas in some less sensitive areas a primary treatment could be
considered appropriate;
Whereas industrial waste water entering
collecting systems as well as the discharge of waste water and disposal of
sludge from urban waste water treatment plants should be subject to
general rules or regulations and/or specific authorizations;
Whereas
discharges from certain industrial sectors of biodegradable industrial
waste water not entering urban waste water treatment plants before
discharge to receiving waters should be subject to appropriate
requirements;
Whereas the recycling of sludge arising from waste water
treatment should be encouraged; whereas the disposal of sludge to surface
waters should be phased out;
Whereas it is necessary to monitor
treatment plants, receiving waters and the disposal of sludge to ensure
that the environment is protected from the adverse effects of the
discharge of waste waters;
Whereas it is important to ensure that
information on the disposal of waste water and sludge is made available to
the public in the form of periodic reports;
Whereas Member States
should establish and present to the Commission national programmes for the
implementation of this Directive;
Whereas a Committee should be
established to assist the Commission on matters relating to the
implementation of this Directive and to its adaptation to technical
progress,
HAS ADOPTED THIS DIRECTIVE: Article 1
This Directive
concerns the collection, treatment and discharge of urban waste water and
the treatment and discharge of waste water from certain industrial
sectors.
The objective of the Directive is to protect the environment
from the adverse effects of the abovementioned waste water discharges.
Article 2
For the purpose of this Directive:
1. 'urban waste
water' means domestic waste water or the mixture of domestic waste water
with industrial waste water and/or run-off rain water;
2. 'domestic
waste water' means waste water from residential settlements and services
which originates predominantly from the human metabolism and from
household activities;
3. 'industrial waste water' means any waste
water which is discharged from premises used for carrying on any trade or
industry, other than domestic waste water and run-off rain water;
4.
'agglomeration' means an area where the population and/or economic
activities are sufficiently concentrated for urban waste water to be
collected and conducted to an urban waste water treatment plant or to a
final discharge point;
5. 'collecting system' means a system of
conduits which collects and conducts urban waste water;
6. '1 p.e.
(population equivalent)' means the organic biodegradable load having a
five-day biochemical oxygen demand (BOD5) of 60 g of oxygen per day;
7. 'primary treatment' means treatment of urban waste water by a
physical and/or chemical process involving settlement of suspended solids,
or other processes in which the BOD5 of the incoming waste water is
reduced by at least 20 % before discharge and the total suspended solids
of the incoming waste water are reduced by at least 50 %;
8.
'secondary treatment' means treatment of urban waste water by a process
generally involving biological treatment with a secondary settlement or
other process in which the requirements established in Table 1 of Annex I
are respected;
9. 'appropriate treatment' means treatment of urban
waste water by any process and/or disposal system which after discharge
allows the receiving waters to meet the relevant quality objectives and
the relevant provisions of this and other Community Directives;
10.
'Sludge' means residual sludge, whether treated or untreated, from urban
waste water treatment plants;
11. 'eutrophication' means the
enrichment of water by nutrients, especially compounds of nitrogen and/or
phosphorus, causing an accelerated growth of algae and higher forms of
plant life to produce an undesirable disturbance to the balance of
organisms present in the water and to the quality of the water concerned;
12. 'estuary' means the transitional area at the mouth of a river
between fresh-water and coastal waters. Member States shall establish the
outer (seaward) limits of estuaries for the purposes of this Directive as
part of the programme for implementation in accordance with the provisions
of Article 17 (1) and (2);
13. 'coastal waters' means the waters
outside the low-water line or the outer limit of an estuary. Article 3
1. Member States shall ensure that all agglomerations are provided
with collecting systems for urban waste water,
- at the latest by 31
December 2000 for those with a population equivalent (p.e.) of more than
15 000, and
- at the latest by 31 December 2005 for those with a p.e.
of between 2 000 and 15 000.
For urban waste water discharging into
receiving waters which are considered 'sensitive areas' as defined under
Article 5, Member States shall ensure that collection systems are provided
at the latest by 31 December 1998 for agglomerations of more than 10 000
p.e.
Where the establishment of a collecting system is not justified
either because it would produce no environmental benefit or because it
would involve excessive cost, individual systems or other appropriate
systems which achieve the same level of environmental protection shall be
used.
2. Collecting systems described in paragraph 1 shall satisfy the
requirements of Annex I (A). These requirements may be amended in
accordance with the procedure laid down in Article 18. Article 4
1.
Member States shall ensure that urban waste water entering collecting
systems shall before discharge be subject to secondary treatment or an
equivalent treatment as follows:
- at the latest by 31 December 2000
for all discharges from agglomerations of more than 15 000 p.e.,
- at
the latest by 31 December 2005 for all discharges from agglomerations of
between 10 000 and 15 000 p.e.,
- at the latest by 31 December 2005
for discharges to fresh-water and estuaries from agglomerations of between
2 000 and 10 000 p.e.
2. Urban waste water discharges to waters
situated in high mountain regions (over 1 500 m above sea level) where it
is difficult to apply an effective biological treatment due to low
temperatures may be subjected to treatment less stringent than that
prescribed in paragraph 1, provided that detailed studies indicate that
such discharges do not adversely affect the environment.
3. Discharges
from urban waste water treatment plants described in paragraphs 1 and 2
shall satisfy the relevant requirements of Annex I.B. These requirements
may be amended in accordance with the procedure laid down in Article 18.
4. The load expressed in p.e. shall be calculated on the basis of the
maximum average weekly load entering the treatment plant during the year,
excluding unusual situations such as those due to heavy rain. Article 5
1. For the purposes of paragraph 2, Member States shall by 31 December
1993 identify sensitive areas according to the criteria laid down in Annex
II.
2. Member States shall ensure that urban waste water entering
collecting systems shall before discharge into sensitive areas be subject
to more stringent treatment than that described in Article 4, by 31
December 1998 at the latest for all discharges from agglomerations of more
than 10 000 p.e.
3. Discharges from urban waste water treatment plants
described in paragraph 2 shall satisfy the relevant requirements of Annex
I B. These requirements may be amended in accordance with the procedure
laid down in Article 18.
4. Alternatively, requirements for individual
plants set out in paragraphs 2 and 3 above need not apply in sensitive
areas where it can be shown that the minimum percentage of reduction of
the overall load entering all urban waste water treatment plants in that
area is at least 75 % for total phosphorus and at least 75 % for total
nitrogen.
5. Discharges from urban waste water treatment plants which
are situated in the relevant catchment areas of sensitive areas and which
contribute to the pollution of these areas shall be subject to paragraphs
2, 3 and 4.
In cases where the above catchment areas are situated
wholly or partly in another Member State Article 9 shall apply.
6.
Member States shall ensure that the identification of sensitive areas is
reviewed at intervals of no more than four years.
7. Member States
shall ensure that areas identified as sensitive following review under
paragraph 6 shall within seven years meet the above requirements.
8. A
Member State does not have to identify sensitive areas for the purpose of
this Directive if it implements the treatment established under paragraphs
2, 3 and 4 over all its territory. Article 6
1. For the purposes of
paragraph 2, Member States may by 31 December 1993 identify less sensitive
areas according to the criteria laid down in Annex II.
2. Urban waste
water discharges from agglomerations of between 10 000 and 150 000 p.e. to
coastal waters and those from agglomaterions of between 2 000 and 10 000
p.e. to estuaries situated in areas described in paragraph 1 may be
subjected to treatment less stringent than that prescribed in Article 4
providing that:
- such discharges receive at least primary treatment
as defined in Article 2 (7) in conformity with the control procedures laid
down in Annex I D,
- comprehensive studies indicate that such
discharges will not adversely affect the environment.
Member States
shall provide the Commission with all relevant information concerning the
abovementioned studies.
3. If the Commission considers that the
conditions set out in paragraph 2 are not met, it shall submit to the
Council an appropriate proposal.
4. Member States shall ensure that
the identification of less sensitive areas is reviewed at intervals of not
more than four years.
5. Member States shall ensure that areas no
longer identified as less sensitive shall within seven years meet the
requirements of Articles 4 and 5 as appropriate. Article 7
Member
States shall ensure that, by 31 December 2005, urban waste water entering
collecting systems shall before discharge be subject to appropriate
treatment as defined in Article 2 (9) in the following cases:
- for
discharges to fresh-water and estuaries from agglomerations of less than 2
000 p.e.,
- for discharges to coastal waters from agglomerations of
less than 10 000 p.e. Article 8
1. Member States may, in exceptional
cases due to technical problems and for geographically defined population
groups, submit a special request to the Commission for a longer period for
complying with Article 4.
2. This request, for which grounds msut be
duly put forward, shall set out the technical difficulties experienced and
must propose an action programme with an appropriate timetable to be
undertaken to implement the objective of this Directive. This timetable
shall be included in the programme for implementation referred to in
Article 17.
3. Only technical reasons can be accepted and the longer
period referred to in paragraph 1 may not extend beyond 31 December 2005.
4. The Commission shall examine this request and take appropriate
measures in accordance with the procedure laid down in Article 18.
5.
In exceptional circumstances, when it can be demonstrated that more
advanced treatment will not produce any environmental benefits, discharges
into less sensitive areas of waste waters from agglomerations of more than
150 000 p.e. may be subject to the treatment provided for in Article 6 for
waste water from agglomerations of between 10 000 and 150 000 p.e.
In
such circumstances, Member States shall submit beforehand the relevant
documentation to the Commission. The Commission will examine the case and
take appropriate measures in accordance with the procedure laid down in
Article 18. Article 9
Where waters within the area of jurisdiction of
a Member State are adversely affected by discharges of urban waste water
from another Member State, the Member State whose waters are affected may
notify the other Member State and the Commission of the relevant facts.
The Member States concerned shall organize, where appropriate with the
Commission, the concertation necessary to identify the discharges in
question and the measures to be taken at source to protect the waters that
are affected in order to ensure conformity with the provisions of this
Directive. Article 10
Member States shall ensure that the urban waste
water treatment plants built to comply with the requirements of Articles
4, 5, 6 and 7 are designed, constructed, operated and maintained to ensure
sufficient performance under all normal local climatic conditions. When
designing the plants, seasonal variations of the load shall be taken into
account. Article 11
1. Member States shall ensure that, before 31
December 1993, the discharge of industrial waste water into collecting
systems and urban waste water treatment plants is subject to prior
regulations and/or specific authorizations by the competent authority or
appropriate body.
2. Regulations and/or specific authorization shall
satisfy the requirements of Annex I C. These requirements may be amended
in accordance with the procedure laid down in Article 18.
3.
Regulations and specific authorization shall be reviewed and if necessary
adapted at regular intervals. Article 12
1. Treated waste water shall
be reused whenever appropriate. Disposal routes shall minimize the adverse
effects on the environment.
2. Competent authorities or appropriate
bodies shall ensure that the disposal of waste water from urban waste
water treatment plants is subject to prior regulations and/or specific
authorization.
3. Prior regulations and/or specific authorization of
discharges from urban waste water treatment plants made pursuant to
paragraph 2 within agglomerations of 2 000 to 10 000 p.e. in the case of
discharges to fresh waters and estuaries, and of 10 000 p.e. or more in
respect of all discharges, shall contain conditions to satisfy the
relevant requirements of Annex I B. These requirements may be amended in
accordance with the procedure laid down in Article 18.
4. Regulations
and/or authorization shall be reviewed and if necessary adapted at regular
intervals. Article 13
1. Member States shall ensure that by 31
December 2000 biodegradable industrial waste water from plants belonging
to the industrial sectors listed in Annex III which does not enter urban
waste water treatment plants before discharge to receiving waters shall
before discharge respect conditions established in prior regulations
and/or specific authorization by the competent authority or appropriate
body, in respect of all discharges from plants representing 4 000 p.e. or
more.
2. By 31 December 1993 the competent authority or appropriate
body in each Member State shall set requirements appropriate to the nature
of the industry concerned for the discharge of such waste water.
3.
The Commission shall carry out a comparison of the Member States'
requirements by 31 December 1994. It shall publish the results in a report
and if necessary make an appropriate proposal. Article 14
1. Sludge
arising from waste water treatment shall be re-used whenever appropriate.
Disposal routes shall minimize the adverse effects on the environment.
2. Competent authorities or appropriate bodies shall ensure that
before 31 December 1998 the disposal of sludge from urban waste water
treatment plants is subject to general rules or registration or
authorization.
3. Member States shall ensure that by 31 December 1998
the disposal of sludge to surface waters by dumping from ships, by
discharge from pipelines or by other means is phased out.
4. Until the
elimination of the forms of disposal mentioned in paragraph 3, Member
States shall ensure that the total amount of toxic, persistent or
bioaccumulable materials in sludge disposed of to surface waters is
licensed for disposal and progressively reduced. Article 15
1.
Competent authorities or appropriate bodies shall monitor:
-
discharges from urba waste water treatment plants to verify compliance
with the requirements of Annex I.B in accordance with the control
procedures laid down in Annex I.D,
- amounts and composition of
sludges disposed of to surface waters.
2. Competent authorities or
appropriate bodies shall monitor waters subject to discharges from urban
waste water treatment plants and direct discharges as described in Article
13 in cases where it can be expected that the receiving environment will
be significantly affected.
3. In the case of a discharge subject to
the provisions of Article 6 and in the case of disposal of sludge to
surface waters, Member States shall monitor and carry out any other
relevant studies to verify that the discharge or disposal does not
adversely affect the environment.
4. Information collected by
competent authorities or appropriate bodies in complying with paragraphs
1, 2 and 3 shall be retained in the Member State and made available to the
Commission within six months of receipt of a request.
5. Guidelines on
the monitoring referred to in paragraphs 1, 2 and 3 may be formulated in
accordance with the procedure laid down in Article 18. Article 16
Without prejudice to the implementation of the provisions of Council
Directive 90/313/EEC of 7 June 1990 on the freedom of access to
information on the environment (5), Member States shall ensure that every
two years the relevant authorities or bodies publish situation reports on
the disposal of urban waste water and sludge in their areas. These reports
shall be transmitted to the Commission by the Member States as soon as
they are published. Article 17
1. Member States shall by 31 December
1993 establish a programme for the implementation of this Directive.
2. Member States shall by 30 June 1994 provide the Commission with
information on the programme.
3. Member States shall, if necessary,
provide the Commission by 30 June every two years with an update of the
information described in paragraph 2.
4. The methods and formats to be
adopted for reporting on the national programmes shall be determined in
accordance with the procedure laid down in Article 18. Any amendments to
these methods and formats shall be adopted in accordance with the same
procedure.
5. The Commission shall every two years review and assess
the information received pursuant to paragraphs 2 and 3 above and publish
a report thereon. Article 18
1. The Commission shall be assisted by a
Committee composed of the representatives of the Member States and chaired
by the representative of the Commission.
2. The representative of the
Commission shall submit to the committee a draft of the measures to be
taken. The committee shall deliver its opinion on the draft within a time
limit which the chairman may lay down according to the urgency of the
matter. The opinion shall be delivered by the majority laid down in
Article 148 (2) of the Treaty in the case of decisions which the Council
is required to adopt on a proposal from the Commission. The votes of the
representatives of the Member States within the committee shall be
weighted in the manner set out in that Article. The chairman shall not
vote.
3. (a) The Commission shall adopt the measures envisaged if they
are in accordance with the opinion of the committee.
(b) If the
measures envisaged are not in accordance with the opinion of the
committee, or if no opinion is delivered, the Commission shall, without
delay, submit to the Council a proposal relating to the measures to be
taken. The Council shall act by a qualified majority.
If, on the
expiry of a period of three months from the date of referral to the
Council, the Council has not acted, the proposed measures shall be adopted
by the Commission, save where the Council has decided against the said
measures by a simple majority. Article 19
1. Member States shall bring
into force the laws, regulations and administrative provisions necessary
to comply with this Directive no later than 30 June 1993. They shall
forthwith inform the Commission thereof.
2. When Member States adopt
the measures referred to in paragraph 1, they shall contain a reference to
this Directive or shall be accompanied by such a reference on the occasion
of their official publication. The methods of making such a reference
shall be laid down by the Member States.
3. Member States shall
communicate to the Commission the texts of the main provisions of national
law which they adopt in the field governed by this Directive. Article 20
This Directive is addressed to the Member States. Done at Brussels, 21
May 1991. For the Council
The President
R. STEICHEN (1) OJ No C 1,
4. 1. 1990, p. 20 and OJ No C 287, 15. 11. 1990, p. 11. (2) OJ No C 260,
15. 10. 1990, p. 185. (3) OJ No C 168, 10. 7. 1990, p. 36. (4) OJ No C
209, 9. 8. 1988, p. 3. (5) OJ No L 158, 23. 6. 1990, p. 56.
Parameters | Concentration | Minimum percentage of reduction (1) | Reference method of measurement |
Biochemical oxygen demand (BOD5 at 20 °C) without nitrification (2) | 25 mg/l O2 | 70-90 40 under Article 4 (2) |
Homogenized, unfiltered, undecanted sample. Determination of dissolved oxygen before and after five-day incubation at 20 °C ± 1 °C, in complete darkness. Addition of a nitrification inhibitor |
Chemical oxygen demand (COD) | 125 mg/l O2 | 75 | Homogenized, unfiltered, undecanted sample. Potassium dichromate |
Total suspended solids | 35 mg/l (3) | 35 under Article 4 (2) (more than 10 000 p.e.) 60 under Article 4 (2) (2 000-10 000 p.e.) 90 (3) 90 under Article 4 (2) (more than 10 000 p.e.) 70 under Article 4 (2) (2 000-10 000 p.e.) |
- Filtering of a representative sample
through a 0,45 ìm filter membrane. Drying at 105 °C and weighing - Centrifuging of a representative sample (for at least five mins with mean acceleration of 2 800 to 3 200 g), drying at 10 |
Parameters | Concentration | Minimum percentage of reduction (1) | Reference method of measurement |
Total phosphorus | 2 mg/l P(10 000
- 100 000 p. e.) 1 mg/l P more than 100 000 p. e.) |
80 | Molecular absorption spectrophotometry |
Total nitrogen (2) | 15 mg/l N (10 000 - 100 000 p. e.) 10 mg/l N (more than 100 000 p. e.) (3) |
70-80 | Molecular absorption spectrophotometry |
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 |