Urban Waste-Water Treatment Directive Revision

Introduction

The Directive (EU) 2024/3019, a recast of the original 1991 Urban Waste-Water Treatment Directive (91/271/EEC), represents a significant modernization of the European Union's rules on the collection, treatment, and discharge of urban wastewater. This revision aims to enhance the protection of the environment and human health by addressing new challenges such as pollution from micropollutants, the climate and energy footprint of the wastewater sector, and the need for a more circular economy.

The directive is a key component of the EU Green Deal and the Zero Pollution Action Plan. It expands its scope beyond traditional pollutants to include micropollutants, greenhouse gas (GHG) emissions, and public health surveillance (e.g., for viruses and antimicrobial resistance). It also introduces new principles, such as energy neutrality for treatment plants and an Extended Producer Responsibility (EPR) scheme for specific industries.

Evolution and Relations to Other Laws

This directive repeals and replaces the 1991 Directive, building upon its foundations but introducing more stringent requirements and broader objectives. It is closely interlinked with other key EU environmental legislation, including:

• Water Framework Directive (2000/60/EC): The UWWTD contributes to achieving the good status of water bodies.
• Drinking Water Directive (EU) 2020/2184: It protects sources of drinking water by requiring stricter treatment for discharges into catchment areas.
• Industrial Emissions Directive (2010/75/EU): It sets rules for non-domestic wastewater discharged into urban collecting systems.
• Regulation on Water Reuse (EU) 2020/741: It promotes the safe reuse of treated wastewater, particularly for agricultural irrigation.

Main Goal

The primary goal is to protect the environment and human health from the adverse effects of urban wastewater discharges. This is achieved through several key objectives:

• Upgrading treatment standards to remove more nutrients (tertiary treatment) and micropollutants (quaternary treatment).
• Achieving energy neutrality in the urban wastewater treatment sector by 2045 through energy efficiency and renewable energy production.
• Implementing the polluter-pays principle through an EPR scheme for producers of pharmaceuticals and cosmetics.
• Improving the management of storm water to reduce pollution from overflows.
• Enhancing transparency and public access to information and sanitation.
• Contributing to the circular economy by promoting water reuse and the recovery of resources like phosphorus from sludge.

Who It Applies To

The directive's obligations apply to EU Member States, which must ensure implementation by relevant actors. The specific requirements are tiered based on the size of agglomerations, measured in population equivalent (p.e.):

• Agglomerations ≥ 1,000 p.e.: Must have collecting systems and at least secondary treatment.
• Agglomerations ≥ 10,000 p.e.: Subject to stricter tertiary (nutrient removal) and quaternary (micropollutant removal) treatment, depending on the sensitivity of receiving waters. Also subject to requirements for integrated management plans and energy neutrality.
• Agglomerations ≥ 150,000 p.e.: Face the most stringent and earliest deadlines for tertiary and quaternary treatment.
• Producers of medicinal products for human use and cosmetic products: Subject to the Extended Producer Responsibility scheme.
• Operators of urban wastewater treatment plants: Responsible for meeting treatment standards, monitoring, and achieving energy targets.

Key Dates

The directive introduces a phased implementation timeline with several key deadlines:

• 31 July 2027: Member States must transpose the directive into national law.
• 31 December 2028: EPR schemes for pharmaceuticals and cosmetics must be in place.
• 31 December 2030: First energy neutrality target (20% renewable energy) for plants ≥ 10,000 p.e.
• 31 December 2033: First phase of tertiary and quaternary treatment upgrades for large plants (≥ 150,000 p.e.) and those in sensitive areas.
• 31 December 2035: All agglomerations ≥ 1,000 p.e. must have collecting systems and secondary treatment.
• 31 December 2045: All applicable plants must have full tertiary and quaternary treatment, and the sector must achieve 100% energy neutrality.

Exemptions

The directive includes several derogations:

• Individual Systems: Can be used instead of centralized collecting systems if they provide an equivalent level of environmental protection and are not technically feasible or are excessively costly.
• Producers: May be exempt from EPR if they place less than 1 tonne of relevant substances on the market per year or if the substances are rapidly biodegradable.
• Less Stringent Treatment: Permitted until 2045 in specific cases, such as high-altitude or cold-climate regions where biological treatment is difficult.

Key Provisions

• Four Levels of Treatment: The directive mandates progressive implementation of secondary (organic matter), tertiary (nitrogen and phosphorus), and quaternary (micropollutants) treatment.
• Extended Producer Responsibility (EPR): Producers of human medicines and cosmetics must cover at least 80% of the costs for the required quaternary treatment to remove micropollutants originating from their products.
• Energy Neutrality: A binding, national-level target for all plants ≥ 10,000 p.e. to produce 100% of their energy from renewable sources by 2045, with interim targets.
• Integrated Urban Wastewater Management Plans: Required for larger agglomerations to manage storm water overflows and reduce pollution during heavy rain, prioritizing green infrastructure.
• Wastewater Surveillance: Establishes a framework for monitoring public health parameters in wastewater, such as viruses (SARS-CoV-2, Polio) and antimicrobial resistance.
• Access to Sanitation: Member States must take measures to ensure access to sanitation for all, particularly for vulnerable and marginalized groups.

Obligations & Requirements

• Member States: Must ensure the establishment of collecting systems, appropriate treatment plants, and EPR schemes. They are also responsible for monitoring, reporting, and setting up national implementation programs.
• Wastewater Plant Operators: Must comply with discharge limits, conduct regular monitoring of pollutants and GHG emissions, perform energy audits, and work towards energy neutrality.
• Producers (Pharma/Cosmetics): Must join a producer responsibility organization and contribute financially to cover the costs of micropollutant removal.
• Municipalities: Must develop and implement integrated urban wastewater management plans for larger agglomerations.

Affected Products/Actors/Processes

• Products: Medicinal products for human use (Directive 2001/83/EC) and cosmetic products (Regulation (EC) No 1223/2009).
• Actors: EU Member States, municipalities, public and private operators of wastewater collection and treatment facilities, producers, importers, and distributors of pharmaceuticals and cosmetics.
• Processes: Urban wastewater collection, treatment (all levels), discharge, sludge management, resource recovery, and energy management within the wastewater sector.

Penalties

Member States are required to establish rules on penalties for infringements of the national provisions adopted pursuant to this Directive. These penalties must be effective, proportionate, and dissuasive. The directive does not set specific fines, leaving the implementation to Member States, but requires them to consider the nature, gravity, and extent of the infringement.