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"Water Framework Directive (WFD) Theme - Environmental Standards - Progress and Implementing WFD" [June 2006]

A Report and Commentary by Ian Patterson Wilson MCIArb, Chartered Insurer

In November 2007, I recalled an Article [written with my FBEng Corporate Building Engineers hat on] about the UKTAG (Technical Advisory Group) Conference held on the 8th June 2006 - at School of Oriental & African Studies (SOAS) University of London, off Russell Square, London WC1.

The Conference was organised by Coastal Management for Sustainability (CMS) on behalf of The Chartered Institute of Water and Environmental Management (CIWEM).

Many of the references to technical papers on the effect of water on the environment, I believe are useful in themselves, but having just been involved as an observer in a review of the EA Ouse Flood Management Catchment Plan - particularly for the flooding exposures to the Sussex Towns of Uckfield, Lewes and Newhaven, then I believe that the techniques used for 'ADR' purposes, could well be of immense help to those responsible for formulating flood protection measures, by improving their understanding of the wider needs of their actions in protecting peoples hard won assets, and livelihoods linked to the economy in general.

Being capable of observation, research and construction of protection provision - based upon a Multi-disciplinary ethos - must become a reality - not just another 'buzz phrase'.

Understanding what the ADR process entails - how ADR comes into effect once things go wrong and a dispute is enjoined - will help focus thoughts, I believe, on why outcomes [particularly design] must be understood by the practitioners involved at all stages - not only at the start of a contract to build.

To me as a practitioner, this 'multi-disciplinary approach' means 'dispute avoidance' and the reason why I joined the CIArb in 1979 to hone my skills as a risk assessor, adviser & expert witness related to avoiding loss, destruction or damage. Then minimising the economic and social impact when events occurred on sites I had not reviewed - whether event was sudden and unforeseen or otherwise.

The Conference - which commenced 09.45 - comprised 7 Presentations (entitled as follows) and a Review of the Conference - which were given over Three Sessions - concluded by 16.45.

Session 1 : Chaired by Aileen Kirkmond from the Environment Agency (EA) who gave the Welcome to the Conference;

1) WFD - An Overview - Environmental Standards, Parallel Work Streams and Implementing the Directive (Martin Marsden - Scottish Environmental Protection Agency- SEPA) alternatively entitled

1a) UK Environmental Standards and Conditions : An Overview - Implementing The Water Framework Directive Environmental Standards - Quality - Quantity

2) Environmental Standards & Conditions - Stakeholders Review (Quality) (Tony Warn - EA)

3) Environmental Standards for Water Quality (Quantity) (John Aldick - EA)

Session 2 : Chaired by James Wishart from MWH;

4) Proposed Environmental Standards for Water Resources (Hydromorphology) (Dr Roy Richardson - SEPA) - referenced MimAS - a Risk Assessment Tool Links to Different Work Streams

5) Links to Different Work Streams - Policy Framework (Rob Hitchen - DEFRA) Session 3 : Chaired by James Mongomery from Mott MacDonald :

Session 3 : Chaired by James Montgomery from Mott MacDonald;

6) Measuring Success under WFD & Monitoring programme : the changes to biological monitoring and to inform classification (Catherine Wright - EA)

7) POM (Programme of Measurement) - RBDP (River Basin District Plan)- using the standards and creating innovative solutions - Risk Assessment Rivers (Ronald Daalmans - SEPA)

Overview - Closing remarks on how these elements fit and the implications for delivery partners (Aileen Kirkmond - EA / Martin Marsden - SEPA)

Overall an absorbing Conference - with the subject matter(s) very much enhanced by using a process of 50-50 time allocation between Presentation and open Question and Answer opportunity.

Additionally, the Presentations were in the style of 'overview briefings' - with a declared focus on :

  • Explaining what has been done
  • How people can access that information
  • What major differences this will mean to work / ways of thinking
  • How people might / may engage with the process
  • What will happen next - future plans

All of the slide presentation(s) delivered on the day may be viewed by going to www.ciwem.org.uk or www.coastms.co.uk then go into the "Conference Outputs" section of the CMS site - then find 'this' Conference amongst the listed Conferences - held since 2004.

Commentary :

It was a joy to find that certain Conference Delegates proved themselves to be a very valuable information resource for the other Delegates - a resource that livened up the Question and Answer opportunity. The combination of those certain 'Delegates' and the 'Platform' provided an absorbing inter-action - that at times added a very welcome 'workshop' like explanation element into the proceedings - so as to further understanding of this wide and very complex subject.

From a planning/building control aspect - the uncertainty of implementing standards - that are not based upon a proven track-record - or a track record that is not scientifically verified - did cause this Reporter some anxious moments :

1. UKTAG started to seek Stakeholder Responses to the Directive in 2005 - which closed 18-4-06

2. It is stated policy - that the UK starts monitoring in 2007 - data will be used as source material by Enforcement Agencies - and as guidance in order to meet the timetable of implementation as laid down by the EU.

3. Some 50% of the overall identified 'field' data will be researched and collated by 2013 when the first report of the impact of WFD is expected to confirm the UK's status as 'Good' in 2015

4. A 'level playing field' criteria between the EU Member States is yet to be agreed [2006]

5. From 2013 - all gaps in knowledge and performance etc - will be resolved by modified guidance - to support any 'second' phase effort needed through to 2027

From an 'economic' perspective - there appears to be a distinct lack of identified 'measured cost prediction tools' demonstrated.

In the end - it may well be that to 'close down' certain production processes by refusing a licence - is the only viable way of economically achieving environmental standards - within certain financial prediction models.

However, there is a danger that the approach of 'close down' - simply exports environmental damage to the developing parts of the world - and then the semi-processed components produced there - are imported back into the UK - on the basis of the 'screw-driver' economic model - an economic model that majors entirely upon value added wealth creation?

The economic risks of such an approach are well documented - with raw material supply risks being to the forefront of the 'West's' experience of such risks to its overall economy functioning efficiently.

The effect of 'close down' means that the Industrialised Countries are not being forced to devise solution based methodologies to eliminate unacceptable pollution risk associated with certain production processes continuing.

Solutions that are a basis for creating the new industries and services in the UK - solutions that are needed to provide employment in the context of competing locally as part of the Global Economy - solutions that help the developing world avoid polluting the planet.

After all - a producer of widgets - is unlikely to be an expert in either the 'upstream' or 'downstream' elements of the economy - nor in the environmental impact associated with their activities. Finding alternative uses [thereby eliminating pollution] for the carcass waste from Medieval Smithfield (previously dumped daily into the River Thames at a point below the Tower of London to catch the outgoing tide) eventually spawned the Chemical Industry - out of the Tallow Chandlers Trade, plus the food trade in clarified, coated & offal products.

As the Conference moved on through the day, it was most heartening to find that new thinking is now coming to the fore amongst the Advisory, Regulatory and Enforcement Agencies.

The idea of mediation style guidance through engendering 'practical tailor made' solutions - so as to help receptive land-owners resolve their pollution issues - by elimination through a recovery process (rather than break the financial viability of the occupation by Fines and occupiers forced to spend 'away time' to attend Court etc) will actually move towards developing such viable solutions. The End of Report (1,358 words)

Ian Patterson Wilson

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