The modification of the Public Hydraulic Domain Regulations enters into force.

• The main new developments concern the sustainable use of groundwater, the fight against diffuse pollution and the promotion of inland waters.
• Royal Decree 665/2023 enters into force on September 20

On August 31, the BOE published Royal Decree 665/2023, which is divided into four articles corresponding to the modification of:

• Regulation of the Public Hydraulic Domain (RDPH).
• Regulation of the Public Administration of Water and Hydrological Planning.
• Royal Decree 9/2005, which establishes the list of potentially soil contaminating activities and the criteria and standards for the declaration of contaminated soils.
• Order AAA/2056/2014 approving the official models of authorization request and discharge declaration.

The approval of the Strategic Project for Economic Recovery and Transformation(PERTE) for the digitalization of the water cycle established the need to update the RDPH and also responds to the reforms proposed by the Recovery, Transformation and Resilience Plan (PRPT). The main objective of this regulation, which comes into force on September 20, is to improve the regulation of protection, use and management of water for human consumption.

Main keys of the Regulation of the Public Hydraulic Domain

One of the main keys to the modification of the RDPH is the promotion of water pollution prevention by diffuse pollution and the improvement of regulations on planning and flood risk management. In addition, because the waterproofing of the land and urban activities have a great impact on the hydrological cycle, it has also added the protection of rainwater in urban environments that reaches the land to prevent its contamination. To this end, it promotes infiltration techniques, sustainable urban drainage and green infrastructures to preserve the natural hydrological cycle. Finally, in this section, the new regulations include the simplification of the processing of small quantity wastewater discharges. With regard to discharges during rainfall episodes, criteria are established to control and reduce the pollution of discharges in order to prevent water pollution in the first moments of rainfall.

There is also a specific section on sanitation, where the incorporation of most of the requirements proposed by the European Commission for the integrated management of sanitation systems stands out. For example, the regulation establishes the obligation for certain urban agglomerations to draw up integrated sanitation management plans to coordinate the management of discharges and minimize environmental impact.

Streamlining the authorization of small wastewater discharges.

On the other hand, progress is made in the integral protection of water against chemical pollution and the articles regulating wastewater discharges are modified. Among other aspects, the procedure for the authorization of discharges of waste water of little entity, which are those discharges of domestic waste water without the possibility of forming part of an urban agglomeration, is streamlined. From now on, this type of discharges will be authorized under a simplified regime, provided that documentation is provided to prove the adequate treatment of the wastewater. Indirect discharges are also limited, although for their authorization a hydrogeological study certifying the harmlessness of the discharge will be required.

In addition, among other aspects, the RPDH is also committed to digitalization to ensure proper management. One of the measures highlighted in this section is that, from now on, the information on water derived from ecological flows will be communicated electronically and may be certified by the collaborating entities of the approved water administration. The aim is to improve clarity and transparency on accurate water consumption data, as currently in many agencies it is still sent in paper format, a fact that makes it difficult to know the true water consumption in certain areas of the country. It also reduces administrative burdens and includes the submission to responsible declaration of several activities.

20230919 RDPH_Photo by Sven van der Pluijm on Unsplash

In addition, it is explicitly stated that accreditation by the National Accreditation Body in accordance with UNE-EN ISO/IEC 17020: Conformity Assessment will be required. Likewise, the draft Ministerial Order specifies that until the ECAH procedures related to groundwater contamination are published, only entities accredited according to the UNE-EN ISO/IEC 17020 Standard will be able to act as ECAH.

A QUANTITATIVE RISK ANALYSIS SHOULD BE CARRIED OUT FOR POINT POLLUTION EPISODES IF THE GENERIC NO RISK VALUE IS EXCEEDED AND A DECONTAMINATION PROJECT SHOULD BE SUBMITTED IF THERE IS AN UNACCEPTABLE RISK

On the other hand, it also devotes a complete chapter to the measures to be taken in the event of episodes of point pollution and determines the studies to be carried out to assess the damage caused by point pollution. To this end, two types of Generic Groundwater Quality Values are established: the Generic No Risk Value (GNRV), below which it is not likely that an unacceptable risk will be generated, and the Generic Intervention Value (GIV), which represents the concentration above which it is foreseeable that there will be an unacceptable risk. Therefore, it includes the obligation to perform a Quantitative Risk Analysis if the GHNVs are exceeded and to submit a Decontamination Project if the resulting risk is unacceptable or if the GIV values are exceeded off-site.

This Royal Decree introduces the possibility of requesting voluntary decontamination of the water and the site and provisionally exempts from the Declaration of Point Contamination of Groundwater.

Finally, we would like to highlight the incorporation of protection measures for groundwater bodies declared to be at risk and the updating of the criteria for establishing the protection perimeters of water catchments for human consumption and the assessment of damage caused by contamination. Action measures are also proposed to deal with episodes of punctual contamination and the processing of the technical safety standards for dams, reservoirs and ponds is improved and updated.

Photo by Sven van der Pluijm on Unsplash

Highlights of developments in other regulations

With regard to the modification of Royal Decree 9/2005, the creation of working groups with representatives of the competent administrations in contaminated soils and waters to address the scope of the required research work, risk assessment, decontamination projects and monitoring programs stands out. This change represents an improvement in the management of contaminated soil and associated groundwater dossiers.

Finally, the modification of Order AAA/2056/2014 approves the official models for the application for authorization and declaration of discharge. For information purposes, it includes an outline of a typical discharge, from its origin to its incorporation into the receiving medium, with a list of the forms that would make up the Declaration of Discharge.

Litoclean’s team is formed by qualified professionals with a high degree of experience and knowledge about the regulations and technical instructions in Spain. Therefore, it helps its customers to adapt to the new regulation, apply all the requirements and take the necessary measures for its correct incorporation.