In France, the law is changing to facilitate the reuse of wastewater
With the One Water Summit taking place on December 3 on the sidelines of COP16 on desertification in Riyadh, the issue of water governance is becoming increasingly important in the context of the fight against climate change. Although promoted for some fifteen years, the large-scale reuse of treated wastewater has long been hampered by overly strict regulations. Recent regulatory changes in France, expanding its uses and relaxing its terms, give hope for a wider deployment of the practice.
Julie Mendret, University of Montpellier and Thomas Harmand, Aix-Marseille University (AMU)
On December 3, the One Water Summit will be held on the sidelines of COP16 on desertification in Riyadh. It must be said that the issue of water governance is becoming increasingly important in the context of the fight against climate change. The reuse of treated wastewater (known as "REUT"), for example, involves recovering and treating water from domestic, industrial, or agricultural activities in order to reuse it for various non-potable purposes rather than discharging it into the environment as is usually the case.
This practice aims to preserve drinking water resources by substituting treated water for water drawn from groundwater or waterways. In France, it is increasingly being considered as a solution to water shortages and recurring droughts.
However, the current regulatory framework is regularly criticized as hindering its development. Although regulation is necessary to ensure the safety of this method, the regulations impose numerous constraints that slow down the widespread adoption of REUT.
However, the legal framework surrounding the reuse of unconventional water has expanded significantly over the past year and a half, with no fewer than eight new texts published between August 2023 and September 2024. These regulations aim to simplify the implementation of REUT and define a framework for all possible uses.
A comprehensive reform of the regulatory framework
Until recently, the regulatory framework for REUT in France dated back to a decree promulgated in 2010 and amended in 2014.
In 2020, the European authorities addressed this issue by enacting Regulation (EU) 2020/741 of the European Parliament and of the Council of May 25, 2020, on minimum requirements for water reuse. This regulation is directly applicable in the territory of EU Member States and forms an integral part of French law as of its entry into force, which was set for June 26, 2023.
It sets minimum quality and monitoring requirements for treated wastewater (TWW) intended for reuse in agriculture, notably by adopting a "multi-barrier" approach, which is a method that allows for better risk management.
In addition, the regulation left it up to Member States to adopt supplementary provisions. Following the adoption of this regulation, a decree dated March 10, 2022, was published in France: it extends the possibilities for reusing EUTs to all uses other than food, hygiene, or leisure.
1,000 projects by 2027
The French government's Water Plan, announced in 2023, highlights the reuse of treated wastewater (REUT) as a key measure for addressing water management challenges.
This ambitious plan aims to develop 1,000 reuse projects by 2027 and achieve a rate of 10% of treated wastewater by 2030, compared to less than 1% currently. The government hopes to increase the volume of wastewater reused for non-potable purposes, such as agricultural irrigation, urban cleaning, and firefighting, tenfold.
This initiative is part of a broader strategy for sustainable and resilient water resource management, which is essential in the face of the impacts of climate change. The stated objective is very clear : the reuse of unconventional water must be developed.
Still too much drinking water being used to clean the streets
The decree of March 10, 2022, mentioned above, was repealed by the decree of August 29, 2023, relating to the uses and conditions of use of rainwater and treated wastewater, which simplified the authorization procedure, in particular through the establishment of a one-stop shop.
Classic uses such as agricultural irrigation and watering green spaces are mentioned, but also urban uses such as street cleaning, hydrocleaning of networks, and firefighting. In France, many cities clean their streets with drinking water!
This decree of August 2023 was supplemented by two orders, published on December 14 and 18, 2023, respectively, setting out the conditions for the production and use of treated wastewater for watering green spaces and irrigating crops.
Its uses are strictly regulated, in particular by quality levels to be achieved, in line with the provisions of the 2020 European regulation. The quality levels established are classified from A to D, from best to worst, and the permitted uses depend on the quality of the EUTs available. For example, an EUT of quality A can be used to irrigate the edible part of food crops consumed raw.
Relaxed rules to promote participation
Finally, certain uses of EUTs have been authorized in food sector companies thanks to the recent decree of January 24, 2024, which proposes various provisions relating to the health safety of water intended for human consumption.
The latter was amended and supplemented by a decree and an order dated July 8, 2024. Permitted uses relate to the preparation, processing, and preservation of all foodstuffs and goods intended for human consumption.
[Already more than 120,000 subscriptions to The Conversation newsletters. How about you? Subscribe today to better understand the major issues facing the world.]
The use of EUTs as an ingredient is not permitted, but the use of "recycled water from raw materials" and "recycled process water" as an ingredient is permitted. The aforementioned texts define the conditions under which this water may be reused in food businesses.
These recent regulatory changes in France, particularly the 2023 decree, demonstrate a growing desire to promote wider adoption of REUT in France, despite the continued existence of restrictions to ensure health and safety. Developing this practice appears crucial to preserving drinking water resources, responding to climate challenges, and ensuring sustainable water management. By encouraging innovative projects and relaxing certain constraints, France can become a leader in the responsible management of this vital resource.
Julie Mendret, Senior Lecturer, HDR, University of Montpellier and Thomas Harmand, PhD student in water law, Aix-Marseille University (AMU)
This article is republished from The Conversation under a Creative Commons license. Readthe original article.