Comparative characteristic between European and Ukrainian legal mechanisms for regulating the discharges of pollutants

The article examines and compares the structures and basic norms of legal mechanisms for controlling the discharge (CD) of polluting substances (PS) from point technogenical sources into surface waters of EU and Ukrainian legislation. To analyze the systemic construction of the European CDPS and a meaningful study of its main elements, a tool has been identified, which is the chain of spreading of restrictive (limiting) legal influence, its legislative links and regulative norms. The structure and composition of this chain of European CDPS are identified, PS flows and information links between restrictive standards are studied. It is noted that the main branches of the structure of the European CDPS are technological and environmental legal influences. The second branch is additional. It complements the first one for some priority substances and it uses to limit the discharge of PS properties of the area of the water body which adjacent to the discharge of PS, the so-called mixing zones (MZ). The place and significance of the CDPS subinstitution in the European water legislation are investigated. The peculiarities of the European regulatory standards of the CDPS are determined. The comparison of the European and Ukrainian CDPSs using the scale of features that characterize the links in the chain of limiting legal influence is fulfilled. The concordance of the features of the Ukrainian CDPS to the European one was assessed by the categories: “fully compliant”, “partially compliant”, “does not contradict”, “does not comply”, “not regulated by EU legislation”. The distribution of concordance assessments testifies to the fundamental difference between the European CDPS and the Ukrainian one. The most important differences of legal discordance are investigated. It is concluded that the main difference between the two CDPS subinstitutions is that Ukrainian regulation is based only on the economic use of the assimilative capacity of the MZ. It is emphasized that the concept of MZ for more than 60 years of its actual use has not received proper legal justification in Ukrainian law. In contrast to the Ukrainian regulation, the main influence of the European CDPS is aimed at directly limiting the sources of PS. The priority changes in the water legislation of Ukraine for the implementation of the requirements of the EU legislation on CDPS, have been proposed.

Harmonization of the water legislation of the Russian Federation

Industry is one of the main water users, since water is used in most technological and production processes. Control and treatment of industrial wastewater in order to prevent and reduce environmental pollution are among the most important areas of environmental policy. The example of wastewater discharge regulation in Germany can provide additional potential for harmonization of legislation in the Russian Federation.

Disinfection by-products in drinking water distribution system of Bucharest City

Chlorine is widely used in Romania and all over the world as a disinfectant of drinking water. During the chlorination process, the natural organic matter and inorganic ions react with chlorine forming disinfection by-products (DBPs). The predominant organic disinfection by-products are trihalomethanes (THMs) while the main inorganic disinfection by-products are chlorate and chlorite ions. THMs were detected in all investigated drinking water samples from Bucharest distribution system with values from 27.8 µg/L up to 75.1 µg/L, which are below the maximum concentration value admitted by Romanian drinking water legislation of 100 µg/L. Chloroform constitutes the major component in total THMs concentration found in all tested drinking water. Chlorate and chlorite anions were not detected in any of the investigated drinking water samples. THMs concentration was correlated with total organic carbon (TOC), residual chlorine and chloride.

Implementation of groundwater protection measures, particularly resource-directed measures in South Africa: a review paper

This review paper on groundwater protection measures in South Africa focuses on the actual implementation of groundwater protection measures, in particular, the resource-directed measures (RDM) as described in Chapter 3 of the National Water Act (NWA). Significant catchment-wide implementation of RDM has taken place in a phased manner throughout various catchments since 2012. By 2015, approximately R380 million had been expended on the catchment-wide implementation of the water resource protection measures over a period of 15 years. Considerable effort went into refining the RDM methodology, taking into account the groundwater component of the overall resource. In this paper, we contend that RDM, in its present form, will not make a significant contribution to groundwater resource protection and security in the country. This is a major concern because the Groundwater Strategy of the Department of Human Settlements, Water and Sanitation (DHSWS) had declared the protection of groundwater as a national priority. This paper also examines institutional and governance arrangements (or lack thereof) as well as providing recommendations to support the effective implementation of groundwater protection provisions as prescribed by South Africa's water legislation.

LEGAL REGULATION OF INDUSTRIAL WATER USE IN THE EUROPEAN UNION

The article presents the characteristics of the legislation regulating the right of water use of industrial enterprises in the European Union. Three periods of formation and development of the provisions of water legislation that restrict or prohibit the industrial discharge of hazardous substances into the water are considered. The institute of integrated environmental permitting is considered. It is noted that the issuance of this type of permits is carried out on the basis of the best available technologies. The best available technologies are those technologies that achieve a high level of environmental protection in the most effective way, developed and ready for implementation, cost-effective, technically feasible, applicable to a particular enterprise. At the same time, enterprises should prevent large-scale and cross-border environmental pollution, effectively use water, energy, raw materials, reduce the risks of accidents and minimize the consequences, monitor emissions, and reclaim the land after the termination of their activities. It is concluded that according to the European water legislation, water is defined as a natural object, and in some cases-as a natural resource that requires special protection from the state.

PROBLEMS OF LEGAL REGULATION OF LAND-PROPERTY RELATIONS IN THE BOUNDARIES OF ZOUIT WATER BODIES

The article discusses the problems that arise for land users on land plots located within the boundaries of zones with special conditions for the use of the territory of water bodies. Examples of violations of land and water legislation by land owners are given. The technological sequence of actions to determine and coordinate the boundaries of zones with special conditions for the use of the territory of water bodies is shown. The necessity of mandatory establishment of flood zones to ensure safety and inform the population living near the water body is substantiated. The regulatory framework for the implementation of works on the installation of zones with special conditions for the use of the territory of water bodies is considered.

Ecological and Legal Problems of the Formation and Functioning of Water Protection Zones

The paper reveals the content of "protection of water bodies" concept, giving particular attention to the consideration of the legal regime of water protection zones and coastal protection zones as one of the legal mechanisms for the protection of water bodies from pollution, clogging, siltation. The author analyses of the peculiarities of the legal regime of water protection zones of the Soviet and current Russian legislation. Based on the current legislation and current judicial practice, the author considers the characteristics of the legal regime of the above mentioned zones and some problems of compliance with the regime (for example, violation of the legal regime of the water protection zone due to the absence of information signs on the ground), which one has to face in practice. In this regard, the author gives special attention to the need to inform nature users and increase their level of ecological culture. The author concludes that there is some inconsistency of the current water legislation in the context of the legal regime of water protection zones and coastal protection zones with the ecosystem approach in nature management. The formally envisaged legal regulation creates only the appearance of effective mechanisms for water protection.

The Subject Of A Land Lease Agreement In Conjunction With A Water Facility Located On It

The publication is devoted to the study of legal and doctrinal trends in solving the issue of the subject of a land lease agreement in complex with a water object located on it. The author makes a reservation that the difficulty of clearly defining the subject of the studied treaty is due not only to the absence in the civil doctrine of a unanimous approach to understanding the essence of the subject of the treaty, but also to the natural inseparability of the water body with the land located on it. In the article, the author found that the legislative modelling of the contract, which mediates modern relations of use of the water body, was preceded by scientific studies of the features of ownership and use of this natural resource in conjunction with the land on which it is located. The author established the practical and doctrinal significance of using one contractual design for the lease of a water body and a land plot located under it. Such a legislative approach positively solves the problematic issues of the moment of acquisition of the right to lease a water object and the moment of transfer of the use object to the tenant, since the legislator connects these points with the time of state registration of the right to lease a land plot. The doctrinal effect of the application of this treaty model is manifested in the possibility of defining this contract in the system of civil law contracts, and affects the scope of application of civil, land and water legislation to the lease relations of a water body. In the publication, the author established that both natural resources - a land plot and a water object, together constitute the subject of a land lease agreement in conjunction with a water object located on it, formally correspond to the qualifying criteria of the thing as the subject of a hire (lease) agreement. The author concludes that the name of the contract model, simultaneously with the time of occurrence of the right to lease a land plot and a water object located on it, and the mandatory inclusion of a water body passport in such an agreement, make it possible to conclude that in the lease agreement of a land plot in complex with the water object located on it, it is not necessary to indicate technical data (volume and area) of the water body, since they are presented in its passport.

Use of Biotesting Methods for Assessing the Ecological Condition of Surface Waters

Purpose. Analysis of national and foreign experience in solving the problem of chemical pollution of surface waters and its economic consequences in accordance with the provisions of European legislation. Methods. System analysis. Results. Selection of the optimal set of biotesting methods for assessing the environmental consequences of chemical pollution of surface waters; study of the system of environmental liability, which operates in European and other foreign countries, and national regulations on the recovery of damages for violations of water legislation. The analysis of foreign and national sources on the use of biotesting techniques to assess the ecological status of surface waters and determine the toxic properties of water and chemicals. In world practice, a biotesting method is used to obtain data on the effects of hazardous toxic chemicals on aquatic ecosystems. Biotests are available and cheap (when using specially designed modifications for practical needs), do not require special training of performers and can be easily mastered in practical laboratories. Conclusions. To assess and control the quality of surface waters and their sources of pollution in accordance with the recommendations of the Water Framework Directive 2000/60 / EC, biotesting techniques are used using a "basic set of taxa" - algae, crustaceans and fish.