Water PollutionWater Pollution

OUTLINEOUTLINE IntroductionIntroduction

Water subject to pollutionWater subject to pollution PollutantsPollutants

Domestic PolicyDomestic Policy International PolicyInternational Policy

International watercourseInternational watercourse Marine PollutionMarine Pollution

• Development of regime Development of regime Land-based SourcesLand-based Sources DumpingDumping Pollution from ShipsPollution from Ships

• LiabilityLiability ConclusionConclusion

IntroductionIntroduction

Two Two types of water subject to pollutiontypes of water subject to pollution Surface water – rivers, lakes, oceansSurface water – rivers, lakes, oceans

Uses: drinking, recreational [fishing, boating, Uses: drinking, recreational [fishing, boating, swimming], irrigation.swimming], irrigation.

Groundwater- occurs beneath a water table in Groundwater- occurs beneath a water table in soils or rocks; subject to pollution from soils or rocks; subject to pollution from

toxic chemicals.toxic chemicals. Uses: drinking, irrigation, etcUses: drinking, irrigation, etc

ContaminationContamination Nature of sources of contamination [point and non-Nature of sources of contamination [point and non-

point]point] Point source: discharge into surface waters at a Point source: discharge into surface waters at a

specific location through a pipe, outfall or ditch.]specific location through a pipe, outfall or ditch.]

Non-point: Indirect or Non-point: Indirect or diffuse effect on water diffuse effect on water [N/B. more difficult to [N/B. more difficult to control]control]

e.g. agricultural e.g. agricultural activities, urban run-offactivities, urban run-off

Sources of contaminationSources of contamination For GroundwaterFor Groundwater

• -polluting substances leach into a -polluting substances leach into a water-saturated region [e.g. toxic chemicals]water-saturated region [e.g. toxic chemicals]

• -Mainly due to migration of pollutants -Mainly due to migration of pollutants from from sites with high concentrations of sites with high concentrations of chemicals [e.g. industrial waste sites and farms]chemicals [e.g. industrial waste sites and farms]

Sources of contaminationSources of contamination

For Surface waterFor Surface water

• Rivers and lakesRivers and lakes Point source: -sewage [municipal or private]Point source: -sewage [municipal or private]

- - industrial wastesindustrial wastes Non-point source:Non-point source:

• Agricultural activity [e.g. pesticides, fertilizers].Agricultural activity [e.g. pesticides, fertilizers].• urban and highway water runoff.urban and highway water runoff.

• Ocean [oil spills, dumping, land-based sources]Ocean [oil spills, dumping, land-based sources] Oil spills – during transportation, either accidentally or Oil spills – during transportation, either accidentally or

intentionallyintentionally Dumping –sewage, chemical disposal, radioactive Dumping –sewage, chemical disposal, radioactive

materialsmaterials Land-based sources –migration of chemical Land-based sources –migration of chemical

substances.substances.

Types of Pollutants [Fund and accumulating Types of Pollutants [Fund and accumulating pollutants]pollutants]

I) Fund pollutants I) Fund pollutants -Environment has some assimilative capacity. If -Environment has some assimilative capacity. If

capacity for absorption higher than rate of injection, they capacity for absorption higher than rate of injection, they may not accumulate. may not accumulate.

a) a) DegradableDegradable degrades/break into component parts within water. Are degrades/break into component parts within water. Are

normally organic residuals attacked and broken down by normally organic residuals attacked and broken down by bacteria and become less harmful.bacteria and become less harmful.

b) Thermal pollutionb) Thermal pollution caused by injection of heat into watercourses by an caused by injection of heat into watercourses by an

industrial plant or electric utility using surface water industrial plant or electric utility using surface water as a coolant, and returning the heated water to the as a coolant, and returning the heated water to the watercourse.watercourse.

c) Plant nutrientsc) Plant nutrients [nitrogen and [nitrogen and phosphorus][eutrophic/ phosphorus][eutrophic/ eutrophication =excess supply of nutrients in a lake]eutrophication =excess supply of nutrients in a lake] stimulate growth of aquatic plant life, e.g. algae and water stimulate growth of aquatic plant life, e.g. algae and water

weeds.weeds. can produce odor if in excesscan produce odor if in excess..

d) Infectious organismsd) Infectious organisms [e.g. bacteria and viruses [e.g. bacteria and viruses]] carried into both ground and surface water by domestic and carried into both ground and surface water by domestic and

animal wastes; industrial wastes e.g. tanning and meat animal wastes; industrial wastes e.g. tanning and meat packagingpackaging

Are live organisms that may thrive and multiply in water or Are live organisms that may thrive and multiply in water or

declinedecline..

II) Accumulating/stock pollutantsII) Accumulating/stock pollutants

Environment has little or no absorptive capacity [i.e. no Environment has little or no absorptive capacity [i.e. no natural process removes/transforms them].natural process removes/transforms them]. accumulate over time.accumulate over time.

Examples: non-biodegradable bottles, heavy metals [e.g. Examples: non-biodegradable bottles, heavy metals [e.g. lead, mercury]; persistent synthetic chemicals [e.g. dioxin, lead, mercury]; persistent synthetic chemicals [e.g. dioxin, and PCBs –polychlorinated biphenyls]and PCBs –polychlorinated biphenyls] not easily broken down; so can remain in water for long.not easily broken down; so can remain in water for long. also accumulate in the food chain.also accumulate in the food chain.

Water Pollution Control Policy: Domestic Dimension Water Pollution Control Policy: Domestic Dimension [U.S.][U.S.]

Water Pollution Control Act, 1956Water Pollution Control Act, 1956 i) i) Federal financial support for construction of waste Federal financial support for construction of waste

treatment plantstreatment plants• focused on a control strategy based on subsidizing focused on a control strategy based on subsidizing

construction of waste treatment plants as a particular construction of waste treatment plants as a particular control activity.control activity.

• Municipalities would receive grant of upto 55% for Municipalities would receive grant of upto 55% for construction of waste treatment plants. construction of waste treatment plants.

ii) ii) Enforcement conference mechanismEnforcement conference mechanism

• sought to effect direct federal regulation of waste sought to effect direct federal regulation of waste dischargesdischarges

• Federal authority could call for a conference of interstate Federal authority could call for a conference of interstate water pollution problem.water pollution problem.

Clean Water Act, 1972Clean Water Act, 1972 Two goalsTwo goals

• elimination of discharge of pollutants into navigable elimination of discharge of pollutants into navigable waters by 1985waters by 1985

• achieve water quality for fishing and recreation achieve water quality for fishing and recreation [swimming].[swimming].

New procedures for implementing the law introducedNew procedures for implementing the law introduced• permits for all dischargers [qualification based on meeting permits for all dischargers [qualification based on meeting

certain technology-based effluent standards]. especially certain technology-based effluent standards]. especially sewage treatment plants and factories.sewage treatment plants and factories.

first ‘best practicable control technology currently first ‘best practicable control technology currently available [BPT]available [BPT]

later, ‘best available technology economically later, ‘best available technology economically achievable’[BAT] achievable’[BAT]

Raised ceiling of subsidizing municipal waste treatment Raised ceiling of subsidizing municipal waste treatment plants to 75%plants to 75%

Safe Drinking Water Act, 1974, amended 1986Safe Drinking Water Act, 1974, amended 1986 Improvement on 1972 Act to include drinking water.Improvement on 1972 Act to include drinking water.

EPA regulations set maximum levels for pollutants for EPA regulations set maximum levels for pollutants for community water systems.community water systems.

All community water systems must prepare and All community water systems must prepare and distribute annual reports about the water they provide, distribute annual reports about the water they provide, including information on detected contaminants, including information on detected contaminants, possible health effects, and the water's source.possible health effects, and the water's source.

Domestic policy on international waters: OceanDomestic policy on international waters: Ocean

I) Oil spillsI) Oil spills – covered under the Clean Water Act: – covered under the Clean Water Act: prohibits discharges of harmful quantities of oil into prohibits discharges of harmful quantities of oil into

navigable watersnavigable waters industry assume responsibility for any damage [clean up; industry assume responsibility for any damage [clean up;

compensation for environmental restorationcompensation for environmental restoration..

II) DumpingII) Dumping Marine Protection Research and Sanctuaries Act, 1972.Marine Protection Research and Sanctuaries Act, 1972.

• address discharges of waste address discharges of waste within U.S. territorial limitswithin U.S. territorial limits by U.S. vessels or persons in any ocean waters.by U.S. vessels or persons in any ocean waters.

DomesticDomestic Policy on Non-Point sourcesPolicy on Non-Point sources

Unlike point source, is largely state responsibilityUnlike point source, is largely state responsibility Federal grants for state-initiated plans for waste treatment Federal grants for state-initiated plans for waste treatment

management.management. Federal programs for aiding control of non-point sourcesFederal programs for aiding control of non-point sources

• e.g. Conservation Reserve Programe.g. Conservation Reserve Program aimed at removing 40-45 million acres of erodible aimed at removing 40-45 million acres of erodible

land from cultivation.land from cultivation.

International Dimension:International Dimension:Transboundary watercoursesTransboundary watercourses

International WatercoursesInternational Watercourses rivers, lakes, or groundwater sources shared by two or more rivers, lakes, or groundwater sources shared by two or more

states.states. Geographical problem: how much of the watercourse is to be Geographical problem: how much of the watercourse is to be

included?included? i) i) portioportion that crosses or defines a boundary.n that crosses or defines a boundary. ProblemProblem: impedes efficient environmental management of : impedes efficient environmental management of

transboundary waters .transboundary waters . ii) entire watershed or river ii) entire watershed or river basin basin [basin approach][basin approach]

associated lakes, tributaries, groundwater systems, and associated lakes, tributaries, groundwater systems, and connecting waterways wherever they are located.connecting waterways wherever they are located.

Problem:Problem: limitations on use of a substantial portion of a country’s limitations on use of a substantial portion of a country’s

water system and its associated catchment areaswater system and its associated catchment areas requirements to provide an environmental good on requirements to provide an environmental good on

watercourse states for themselves as well as others watercourse states for themselves as well as others [neighbors].[neighbors].

Pollution permissible uses.Pollution permissible uses. Greater tolerance of polluting uses? Greater tolerance of polluting uses?

Few modern treaties endorse an absolute prohibition of Few modern treaties endorse an absolute prohibition of pollution. Modern trend require states to regulate and pollution. Modern trend require states to regulate and control river pollution, prohibiting only certain forms of control river pollution, prohibiting only certain forms of pollutant discharges.pollutant discharges.

ExampleExample North America: - prohibition of boundary waters only when North America: - prohibition of boundary waters only when

human health or property were injured. human health or property were injured. Until 1973, U.S. maintained it did not have an obligation to Until 1973, U.S. maintained it did not have an obligation to

deliver quality water to Mexico from Colorado river, provided deliver quality water to Mexico from Colorado river, provided its polluting use of the river for irrigation was reasonable. its polluting use of the river for irrigation was reasonable.

State practice, however, points to prohibition of certain toxic State practice, however, points to prohibition of certain toxic discharges.discharges.

1997 UN Watercourses Convention1997 UN Watercourses Convention watercourse states prevent, reduce, and control pollution of a watercourse states prevent, reduce, and control pollution of a

watercourse causing significant harm to other states.watercourse causing significant harm to other states. Not absolute prohibition, but means states act with due Not absolute prohibition, but means states act with due

diligence.diligence. Thus, Thus, pollution permissiblepollution permissible if, if,

• Insignificant harm, Insignificant harm, • Significant but unavoidable by exercise of due diligence.Significant but unavoidable by exercise of due diligence.

Significant of above to pollution and environment:Significant of above to pollution and environment: Protection of river environment and its living resources Protection of river environment and its living resources

must compete with other equitable claims.must compete with other equitable claims.• No claim [e.g. industrial waste disposal vs. fishing] has No claim [e.g. industrial waste disposal vs. fishing] has

priority [although ‘special regard’ must be given to ‘vital priority [although ‘special regard’ must be given to ‘vital human needs’]human needs’]

Unusual exampleUnusual example

1976 Rhine Chlorides Convention [force, 1985]1976 Rhine Chlorides Convention [force, 1985] reduce French Chloride discharges into the river, and reduce French Chloride discharges into the river, and

prevent increases in discharges by other states.prevent increases in discharges by other states.

Reversal of the polluter pays principleReversal of the polluter pays principle cost of measures taken by France to reduce chloride cost of measures taken by France to reduce chloride

distributed across all riparian states including injured distributed across all riparian states including injured ones.ones.

PROTECTION OF MARINE ENVIRONMENTPROTECTION OF MARINE ENVIRONMENT

PROTECTION OF MARINE ENVIRONMENTPROTECTION OF MARINE ENVIRONMENT Development of regulation of marine pollution was slower Development of regulation of marine pollution was slower

than that of other aspects of the sea [[e.g. Fisheries 1911 than that of other aspects of the sea [[e.g. Fisheries 1911 convention on Fur Seals]convention on Fur Seals]

Two stages in developmentTwo stages in development Laissez Faire : London Convention for Prevention of Laissez Faire : London Convention for Prevention of

Pollution of the Sea by Oil.Pollution of the Sea by Oil.• did not entirely prohibit discharge of oil from ships at did not entirely prohibit discharge of oil from ships at

sea. 1954.sea. 1954. Duty to protect environment from Pollution: UNCLOS Duty to protect environment from Pollution: UNCLOS

phasephase 1982 United Nations Convention on Law of the Seas 1982 United Nations Convention on Law of the Seas

[UNCLOS][UNCLOS] formulated obligation in terms comprehensive of all formulated obligation in terms comprehensive of all

sources. [ships, land-based sources, seabed sources. [ships, land-based sources, seabed operations, dumping, and atmospheric pollution]operations, dumping, and atmospheric pollution]

I)I) On On land-based sourcesland-based sources

Unlike pollution from ships and dumping, no requirement Unlike pollution from ships and dumping, no requirement for adherence to any minimum international standards.for adherence to any minimum international standards. Each state determine what measures to take, and Each state determine what measures to take, and

which substances to act on.which substances to act on.

Reason for generality: Reason for generality: balance environmental protection measures against balance environmental protection measures against

economic imperativeseconomic imperatives

Regional regimes Regional regimes

International Policy on DumpingInternational Policy on Dumping

Both London Dumping Convention and UNCLOS initially sought Both London Dumping Convention and UNCLOS initially sought to control, not prohibit, dumping. to control, not prohibit, dumping. Dumping was permissible unless proven harmful.Dumping was permissible unless proven harmful.

Consequent to Rio in 1992 where the precautionary principle Consequent to Rio in 1992 where the precautionary principle was adopted, dumping is now prohibited unless there is no was adopted, dumping is now prohibited unless there is no alternative, and can be proved to be harmless to environment alternative, and can be proved to be harmless to environment [shift in burden of proof][shift in burden of proof]

III) POLLUTION FROM SHIPSIII) POLLUTION FROM SHIPS purpose of regulation is minimize the risk and give coastal purpose of regulation is minimize the risk and give coastal

states adequate means of protecting themselves and securing states adequate means of protecting themselves and securing compensationcompensation

MARPOL, 1973/ amended 1978MARPOL, 1973/ amended 1978 ]. ]. Jurisdiction to regulate PollutionJurisdiction to regulate Pollution

Flag stateFlag state –the state in which the ship is registered or –the state in which the ship is registered or whose flag it is entitled to fly.whose flag it is entitled to fly.

cooperationcooperation of coastal states, port states and flag states in of coastal states, port states and flag states in

the system of certification, inspection and reportingthe system of certification, inspection and reporting . .

Responsibility and Liability for DamageResponsibility and Liability for Damage

Two ConventionsTwo Conventions 1969 Convention on civil Liability for Oil Pollution 1969 Convention on civil Liability for Oil Pollution

Damage; updated by 1992.Damage; updated by 1992. 1996 Convention on Liability and Compensation for the 1996 Convention on Liability and Compensation for the

Carriage of Hazardous and Noxious Substances by sea.Carriage of Hazardous and Noxious Substances by sea. State responsibility for damageState responsibility for damage

Civil liabilityCivil liability Who claims liability costs: Who claims liability costs:

• e.g. fisherfolks and hoteliers.e.g. fisherfolks and hoteliers.• Environmental DamageEnvironmental Damage

Compensation for impairment of the environment; Compensation for impairment of the environment; limited to costs of reasonable measures of limited to costs of reasonable measures of reinstatement. reinstatement.

ConclusionConclusion

Non-point source control is the least Non-point source control is the least developed of water pollution control developed of water pollution control programs/policies. programs/policies. What is the source of this difficulty?What is the source of this difficulty? In what two ways [at both domestic and In what two ways [at both domestic and

international levels] can the difficulty be international levels] can the difficulty be addressed/mitigated?addressed/mitigated?