CAPTURE RISK ANALYSIS
What is the purpose of risk analysis for water intakes?
The aim is to identify potential threats that may adversely affect the intake waters, e.g. cause their contamination. In addition, the purpose of the intake risk analysis is to determine the current state of the soil and water environment within the zone of water inflow to the intake.
What is a capture risk analysis?
- Risk assessment is carried out on the basis of:
- hydrogeological and hydrological analysis,
- hydrogeological documentation,
- analysis of the causes of threats resulting from the type of land development,
- groundwater quality test results.
Who is obliged to analyze the risk of capture?
It is obliged to analyze the recognition risk shot ownerwhich performs tasks in the field of the so-called collective water supply. He has got responsibility conducting a risk analysis i submitting it to the governor.
According to the provisions of the Water Law Act
water intake protection zone in the scope of:
only direct protection area determines authority of the Polish Waters in the form of a decision;
- water intake protection zone including:
only direct protection area
ð specifies authority of the Polish Waters in the form of a decision;
- water intake protection zone including:
both direct protection area
and intermediate protection area
ð establishes Governor by way of a local law.
An exception not subject to the obligation to designate an area of direct protection are water intakes used for ordinary use of water [Art. 121 u PW] - serving the needs of one's own household or own farm by abstracting groundwater or surface water in an annual average amount not exceeding 5 m3/d [Art. 33 at PW];
Each local government body in Poland or a municipal company that performs activities in the field of water and sewage services should conduct a risk analysis for all water intakes used.
In addition, the Act specifies the indications according to which entities other than those mentioned above are subject to the obligation to submit an analysis of the risk of recognition.
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What is subject to the obligation to submit a capture risk analysis?
A risk analysis is prepared for:
- water intakes with a water consumption of more than 10 m3/day,
- intakes supplying water to more than 50 people, regardless of the amount of consumption,
- individual water intakes supplying up to 10 m3 of water per day or serving the supply of water to up to 50 people, if the water is supplied as water intended for: human consumption as part of commercial, service and industrial activities, to public utility buildings.
By when should the risk analysis be performed?
IMPORTANT!!! – Pursuant to the Act of May 14.05, 2020 "on amending certain acts in the field of protective measures - in connection with the spread of the "SARS-CoV-2" virus through Art. 32. The following changes have been introduced.
Article 551 sec. 2 of the Water Law Act received a new wording in 2020:
"2. Owners water intakes, which not established protection zone covering the protection area intermediate based on Article. 58 sec. 1 of the Act repealed in Art. 573, within 5 years from the date of entry into force of the Act, they will carry out the risk analysis referred to in Art. 133 sec. 3, and submit applications for the establishment of protection zones covering direct protection area and intermediate protection areaif justified by the results of this analysis.”;
What happens when the water intake owner fails to comply?
If the risk analysis is not submitted, the voivode has the right to request the owner of the intake to submit this risk analysis within 30 days from the delivery of the request.
If, after analyzing the water intake risk analysis, it is justified to establish a protection zone covering the area of direct protection and the area of indirect protection, the voivode is obliged to call on the owner of the water intake to submit hydrogeological or hydrological documentation within 30 days from the date of delivery of the request.
What is the expiry date of the risk analysis?
The risk analysis should be updated at least every 10 years, and for water intakes supplying less than 1000 m3 of water per year at least every 20 years.
Who is competent to perform the risk analysis? Who should carry out the risk analysis?
Preparation of documentation in the field of risk analysis should be entrusted to an experienced specialist, preferably with references in the field of studies related to water management.
- Ideally, it should be a hydrogeology expert:
- with higher education in the field of hydrogeology or hydrology or geology or geography (in accordance with the requirements of the Water Law Act in force from January 1, 2018),
- holding geological qualifications of category IV or V (the need to analyze documentation in accordance with the requirements of the Water Law Act in force from January 1, 2018),
- having professional experience in accordance with the obtained education,
- who has made (as an author or co-author) hydrogeological studies in the last few years.
The material is for information purposes only and is not an interpretation of the law. Due to possible changes in applicable law, all information provided should be verified and checked for validity.
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