Legal regimes for wastewater use (Report of Committee II)

Introduction

The variety of issues which are related to legal regimes for wastewater use should be identified in order to establish a comprehensive legal framework. The Committee reviewed the findings and conclusions of the first consultation of the Working Group and the more pressing issues were highlighted.

In addition, the specific case of Morocco was discussed in order to derive basic issues of interest to other countries, including the identification of the authority or authorities responsible for the administration of the legal regime and the determination of the type of legislation required by Morocco.

The two pilot projects proposed by the Committee are part of a strategy to ensure the establishment of appropriate legal regimes for wastewater, in countries experiencing water shortages. The strategy involves the promotion of wastewater as a resource as well as actions to include its development in the countries' long term economic plans.

Findings

The following legal issues were identified as requiring coverage in legal regimes for wastewater use:

• the ownership of wastewater;
• who decides on the allocation of wastewater;
• consideration of existing users of wastewater flow;
• legal mechanisms for charging for wastewater use as a function of quality and assigned use;
• licensing of wastewater use and the conditions, terms of reneval and sanctions to which these licences are subjetc;
• strict control of industrial wastewater discharge with due consideration of wastewater use needs;
• legal mechanisms for cost allocation and recovery for wastewater disposal and wastewater use;
• goverment agencies responsible for the administration of wastewater legislation;
• format of the legislation (whether there should be one general Act or various specific Acts);
• adoption of wastewater quality standards relative to the potential users of wastewater.

Recomendations

The United Nations and the technical agencies concerned should urge goverments to include in their long term economic plans wastewater use as an economic resource, particularly to arid and semi-arid regions:

• FAO an WHO should urgently help goverment to formulate wastewater use standards for different beneficiaries in the respective countries;
• a survey should be carried out of a cross section of countries which use wastewater or will be using wastewater as a resource and which either:
  • have no legislation on wastewater use; or
  • haver recently started developing legislation on wastewater use; or
  • have developed a legal regime on wastewater use.
• PAO and WHO should develop model legislation for the regulation and control of all aspects of wastewater use;
• a demostration project on model water legislation should be developed and implemented in selected countries;
• action should be taken to increase awareness of the economic value of wastewater sludge and research and development programmes on this subject should be encouraged.

Project V
establishment of a legal regime for wastewater use in
Morocco

Description

This is a pilot projects for the establshment of a legal regime for wastewater use, formulated specifically for Morocco and intended to serve as a demostration of the fassibility of this type of project. The specific objectives include the definition and setting-up of laws and regulations, institutional responsabilities as well as standards for wastewater use.

The project will have a duration of two years.

Justification

Traditionally the use of wastewater in Morocco has been uncontrolled and unregulated, with resulting health problems. Giben the growing water scarcity and demand, wastewater has become a much needed resource. Therefore, wastewater use has been determined as a prime option in wastewater management. There are wastewater master plans in progress for 10 to 12 large cities, as well as wastewater use demostration projects in Quarzazate (irrigation). Agadir (groundwater recharge) and others. Legislative problems were encountered for the first time in Quarzazate.

Activities

It will be necessary to survey and assess the existing situation, with particular attention given to:

• wastewater use practices;
• institutional and legislative structures and impact;
• economic, agricultural, socio-cultural and health impact;
• wastewater quality.

In addition, the following activities will need to be undertaken:

• elaboration of wastewater quality and treatment standards for diferent uses (agriculture, recreational use, recharge, etc.);
• activation of the structure in charge of creating the legislation and of all concerned govermental and non-govermental agencies;
• formulation of the legislation, taking into account the issues identified by Committee II:
  • formulation of an institutional framework;
  • development of institutional strength to implement the legislation by training personnel for monitoring control and enforcement;
  • public awareness campaign.

Inputs and outputs

The project personnel will include the following consultants and technicians from abroad, with one of them serving as project coordinator:

• water law specialists with experience of water legislation in Moslem countries;
• specialists in wastewater use atendards;
• specialists of public administration and economics.

The outputs from this project will include the report resulting from the survey and the assessment of the existing situation in relation to wastewater use in Morocco, a revision of existing legislation and institutional responsabilities, the formulation of draft legislation and eventual enactment of an institutional framework, and the strengthening of the institution by training of its personnel.

The budget should include the cost of services of expatriate consultants as follows:

• water law specialist and wastewater use standards specialist (3 man months per year for each, including at least two visits of 3 weeks duration for each);
• specialists of public administration and economics (2 man months each per year with 2 visits of 2 weeks duration).

The foreign exchange component of the project should amount to US$ 240 000, not including the training component. The services of a local legal consultant will be required for 18 man-months. Two other national consultants, with expertise in agronomy and environmental health, will be employed by the project. The inputs required will be of eight man-months for the agronomist and four man-months for the environmental health specialist. The total local staff cost should amount to US$ 60 000, raising the total project budget to US$ 300 000.

Project VI
Evaluation of the legal and institutional framework
for wastewater use in selected countries

Description

This project is primarily a survey of a cross section of three to four countries in order to give a broad idea of the different legislative and institutional experiences in wastewater use. Its objectives will be to understand existing legislative practices and the factors influencing them, to give external support agencies the information on which they can base their assistance for countries intending to develop a legislation on wastewater use, to help the countries wishing to crease legislation on wastewater use in the identification of the most important issues.

The project will have a duration of four months.

Justification

Although there has been some progress in the development of legal regimes for wastewater use in a few countries, the lessons learned have generally not been disseminated to those countries which are currently undertaking large wastewater use programmes. These are often subject to severe time constraints, particularly in arid zones, with the result that the institutional and legal issues are overlooked.

Activities

The activities to be undertaken in this project are to formulate terms of reference, to recruit a suitable expert of each country to undertake the study for that particular country, to collect relevant information and to produce reports which will be subjected to a comparative analysis resulting in a consolidated summary.

The project will require four country studies of one man-months each, one month for the production of the four national reports, and two months for the analysis and consolidation of the results by an international expert.

Inputs and outputs

The inputs needed consist of:

• eight man-months of local experts;
• one expatriate lawyer with experience in the water and sanitation sector for 6 man-weeks;
• one expatriate environmental/public health specialist with expertise in the wastewater use field for 2 man-weeks.

The outputs from this project will consist of specific country reports as well as a comparative report on all countries studied. The total cost should amount to US$ 40 000 (not including the publication).