WRITTEN QUESTION P-1206/98

by Ulf Holm (V) to the Commission

(6 April 1998)

Subject: Protection of groundwater in the EU

The municipality of Vesterås, Sweden, has been the scene of political controversy and legal action concerning the dumping by the municipal CHP plant of coal ash (cefyll) in Lake Mälaren. In the first phase, about 3000 tonnes was used as a filler in the construction of an embankment. As the lake supplies drinking water for a large number of people and the place where the water is drawn from the lake is close to the site where the ash is being dumped, this is a matter of utmost importance. Legal proceedings resulted in the defendants being cleared by the district court on the grounds that they had not acted in breach of the conditions the county administrative board had imposed on the use of the material, although it was conceded that those conditions were unclearly worded.

Does the Commission take the view that EU rules on the protection of groundwater should be applicable in this case?

Does it also take the view that it is guaranteed that no harmful substances can seep out into the lake's highly sensitive aquatic environment?

Answer given by Mrs Bjerregaard on behalf of the Commission

(19 May 1998)

Coal fly ash from power stations and other combustion plants is included in the list of wastes set out in the Commission Decision of 20 December 1993(1) establishing a list of wastes pursuant to Article 1 (a) of Council Directive 75/442/EEC on waste(2).

Article 4 of Directive 75/442/EEC, amended by Directive 91/156/EEC on waste(3), provides that:

"Member States shall take the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, and in particular:

- without risk to water, air, soil and plants and animals,

- without causing a nuisance through noise or odours,

- without adversely affecting the countryside or places of special interest.

Member States shall also take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste."

However, coal fly ash is not on the list of hazardous waste set out in the Council Decision of 22 December 1994(4) establishing a list of waste pursuant to Article 1 (4) of Council Directive 91/698/EEC of 12 December 1991 on hazardous waste(5).

Notwithstanding, is is possible that coal fly ash may contain substances listed in the Annexes to Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances(6) and Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community(7). It is more likely that it may contain substances included in lists II annexed to these Directives. In this case, Directive 80/68/EEC stipulates that Member States take steps to prevent the pollution of groundwater by these substances, while Directive 76/464/EEC provides that any discharge into inland surface water which is liable to contain such substances shall require prior authorization by the competent authority which aims to meet the quality objectives laid down in the programmes established by the Member States.

In the absence of further information, we may therefore assume that it was in accordance with these two Directives that the local authorities imposed conditions on the dumping of the material in question.

However, it is impossible to give a definite opinion on the risk of dispersion of noxious substances, in particular the risk of direct contact between the material dumped and the water in the lake, without more detailed information on the exact conditions under which the operation took place.

The Commission will therefore ask the Swedish authorities to supply the information required.

(1) OJ L 5, 7.1.1994.

(2) OJ L 194, 25.7.1975.

(3) OJ L 78, 26.3.1991.

(4) OJ L 356, 31.12.1994.

(5) OJ L 377, 31.12.1991.

(6) OJ L 20, 26.1.1980.

(7) OJ L 129, 18.5.1976.