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Protection Of Coastal Water Quality Becomes A Key Issue - Seafood Producer's Oppose Council's Leachate Disposal Plans For Clew Bay

Seafood producers concerned about water quality in Clew Bay are opposing a plan to dispose of treated toxic leachate from a Mayo landfill site into Clew Bay by Mayo County Council. Analysis of the leachate from Derrinumera landfill near Newport for Mayo County Council shows a cocktail of chemicals including priority hazardous substances, which can pose a threat to human health and the marine environment.

The Clew Bay Marine Forum representing fish farmers and fishermen, the Clew Bay CLAM's (Co-ordinated Local Aquaculture Management) group representing the aquaculture businesses and the Marine Institute research centre at Furnace have all highlighted their concerns in submissions to an Environmental Impact Statement. The EIS due out in mid November on the Council's proposals has been postponed until January 2005.

An Environmental Impact Statement (EIS) is a document produced after an Environmental Impact Assessment (EIA) is undertaken and is a process for anticipating the effects on the environment caused by a proposed development or project at a particular site. Clew Bay has an important aquaculture industry, which employed 165 people in 2000 and produced mussels and oysters worth €753,213 and finfish worth €1,158,717. Inner Clew Bay with its many islands and shallow bays is designated a candidate Special Area of Conservation with habitats and species of European importance (common seals and otters).

The bay is a widely acclaimed area of outstanding natural beauty, with three Blue Flag beaches, which are very significant for Mayo's image and tourism industry

The Council proposes to install a leachate treatment plant at Derrinumera landfill and to discharge the treated leachate in to Clew Bay in conjunction with a new sewerage scheme at Newport. The Council is also seeking an amended waste licence for a new sludge hub centre and a leachate treatment plant at Derrinumera landfill from the Environmental Protection Agency. The Council's consultants E.G. Pettit & Co. and Tobin Consulting Engineers began preparing two Environmental Impact Statements in 2003, one for the new sewerage treatment plant for Newport and another for a sludge hub centre and leachate treatment plant at Derrinumera landfill. Both EIS's will have to be approved by An Bord Pleanála.

Last year the consultants met several times, with selected stakeholders, to present details of the Council's proposals and to identify issues to be addressed in the EIS's. Individual meetings were held with the Marine Institute, Furnace; Clew Bay Marine Forum; Clew Bay CLAM's group; Newport House Hotel; the Irish Shellfish Association and the Newport & District Development Company.

The first three of these groups made written submissions to the Council last July noting " time constraints at the meetings made it difficult to discuss the proposals fully". When asked last July if Mayo County Council planned to have a public meeting to provide information about the Council's proposals, Mr. Joe O'Beirne, the Council's chief engineer said he doesn't "see the necessity for a public meeting."

Concerns Highlighted Over Deteriorating Water Quality

Last year the European Commission upheld a complaint by the Irish Shellfish Association that Ireland's government had failed to uphold the Shellfish Waters Directive. The Directive's purpose in 1979 was to ensure member states took concrete measures to protect shellfish waters from pollution.

Each country had to designate shellfish waters, to set water quality standards and to prevent any deterioration in water quality. The State was obliged to designate all its shellfish waters under this Directive in 1981. Instead the government passed the Fisheries Act 1980, section 54 making aquaculture unlawful except under a fish culture license, an oyster bed license, an aquaculture license or an oyster fishery order.

Legal opinion suggests that after 1981 the state had no right to permit pollution to increase - thereby reducing water quality standards to a level where shellfish had to be depurated (cleansed of bacteria harmful to human health). By failing to uphold the obligations of the Shellfish Waters Directive the way is open for a case against local authorities for failing to incorporate the Directive into their statutes properly and to protect the water quality of coastal bays and estuaries from deterioration.

The Clew Bay Marine Forum, in a submission to Mayo County Council last July, expressed "extreme concern" that "the marine industries in Clew Bay will be adversely affected should these proposals go ahead". The forum's secretary Niall O'Boyle points out that while the provision of a new waste water treatment plant in Newport would help improve water quality in Newport bay the addition of treated leachate from Derrinumera landfill and a sludge hub centre are "separate proposals and threaten to reduce water quality considerably."

Threat To Water Quality Alarms Seafood Industry

The main concern of the CBMF is to protect the current water quality classification of Clew Bay issued by the Department of Communications, Marine and Natural Resources. Clew Bay's water quality is classified as an A category production area (outside of Westport and Newport bays) and a B category production area (in Westport and Newport bays) for shellfish.

An "A" area has water of the highest quality and shellfish can be collected for direct human consumption. Whereas in a "B" area shellfish can be collected, but may only be placed on the market for human consumption after treatment in a purification centre or by relaying in clean water.

CBMF Secretary Niall O'Boyle says, "Any further deterioration in water quality in Clew Bay directly threatens the competitiveness and sustainability of the local aquaculture industry, worth an estimated €1.5 million to the local economy."

The Council's proposal to discharge treated leachate including bioaccumulative chemicals, heavy metals, and hormone-disrupting chemicals into Clew Bay has alarmed the seafood industry. The CBMF have called on the Council to carry out an independent risk assessment for the EIS to ensure that the proposal to discharge will not have an adverse impact on Clew Bay's seafood production. The forum has also stated that it is "strongly opposed" to proposals to discharge leachate from Derrinumera into the Westport sewerage treatment plant even as a temporary measure. In their concluding remarks the forum state that, "we feel that these proposals place too much emphasis on dilution and not enough on treatment and are a threat to our survival."

They also emphsize that, "to date consultation and follow up communication have failed to reassure, and our concerns have increased."

Shellfish Farmers Oppose Leachate Discharge

The Clew Bay CLAM's shellfish and finfish farmers group submission to the Council welcomes the provision of a new waste water treatment plant and sewerage scheme in Newport but has "grave concerns over the proposed disposal of the leachate from Derrinumera landfill into Newport Bay and the interim disposal through Westport treatment plant."

The group's Chairman James Ryan, advises Mayo County Council that they must comply with the Dangerous Substances Regulations S.I.12 of 2001 and the Quality of Shellfish regulations S.I. No.200 of 1994 which lists Clew Bay as an area of shellfish waters which is in need of protection or improvement in order to support shellfish life and growth. They raise questions in their submission concerning the content and treatment of the leachate, the leachate outfall location, unacceptably high levels of bacterial contamination from the leachate, monitoring plans and the content of the EIS.

A letter from the Marine Institute to MCC in 2002 states "given that Clew Bay is designated under the EU Quality of shellfish Waters Regulations (SI No.200/1994 & EU79/923), the inclusion of dump leachate in the outflow from the Newport Scheme must be viewed as unwise." It also suggests that placing the outfall further out where the tide is not entering directly into an estuary should be investigated.

The Council may well have to revise its plans as the location of a similar proposed discharge pipe outfall from the Corrib gas terminal into a marine Special Area of Conservation in Broadhaven Bay was relocated 500metres outside the boundary of Broadhaven Bay's SAC in 2002. This occurred after the EIS was evaluated by Duchas and the DCMNR's Marine License Vetting Committee and protests by local fishermen. This decision was made because of lack of information of the effluent composition and its potential impact on the marine environment.

As the Marine Times goes to press we can reveal a group of Clew Bay residents and marine interests are seeking counsel regarding the legal status of the council's plans to discharge leachate into Clew Bay.

The Irish Shellfish Association is also understood to have made a further submission to the EU Commission on the lack of implementation of the Shellfish Waters Directive citing as an example, Mayo County Council's plans to further discharge treated leachate into Clew Bay's shellfish waters.

Report by S. Fennelly


 





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