EU Water Requirements
S.I. No. 294/1985 –
Local Government (Water Pollution) Act, 1977 (Control of Cadmium Discharges) Regulations, 1985.
LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977 (CONTROL OF CADMIUM DISCHARGES) REGULATIONS, 1985.
The Minister for the Environment in exercise of the powers conferred on him by sections 6 , 7 , 17 , 19 , 26 and 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977 ), after consultation with the Minister for Fisheries and Forestry, the Minister for Industry, Trade, Commerce and Tourism and the Water Pollution Advisory Council, hereby makes the following Regulations:—
PART IPRELIMINARY AND GENERAL
1. These Regulations may be cited as the Local Government (Water Pollution) Act, 1977 , (Control of Cadmium Discharges) Regulations, 1985
2. These Regulations shall come into operation on the 16th day of September, 1985.
3. In these Regulations:—
any reference to a section is a reference to a section of the Local Government (Water Pollution) Act, 1977 ;
“cadmium” means the chemical element cadmium or any substance containing cadmium;
“local authority” and “sanitary authority” have the meanings assigned to them by section 1;
“the Minister” means the Minister for the Environment;
“new plant” means any plant, works, apparatus or drainage pipe used in connection with the production or use of cadminum or in connection with any process in which the presence of cadmium is inherent and which either—
( a ) came into operation after the 28th day of September, 1983, or
( b ) has its cadmium processing capacity substantially increased after that date;
“waters” has the same meaning as in section I but does not include aquifers.
PART IILICENSING BY LOCAL AUTHORITIES OF DISCHARGES TO WATERS
4. In this Part—
“licence” means a licence under section 4;
“review” means review under section 7.
5. The quality standards set out in the Schedule shall have effect as follows in relation to trade effluent arising from the production or use of cadmium or any process in which the presence of cadmium is inherent:
( a ) the standards set out at 1, 2B, 3B. 4B, 5B and 6B shall have effect in all appropriate cases.
( b ) the standard set out at 2A, 3A, 4A, 5A and 6A shall have effect subject to any variation that may be appropriate arising from compliance with the standards referred to in paragraph (a).
6. In granting a licence for the discharge of trade effluent from a new plant, a local authority shall have regard to the best available technology where necessary for the elimination of pollution and to any guidelines which may be issued by the Minister specifying the best available technology in relation to particular circumstances or particular classes of plant.
7. A local authority shall review a licence in respect of trade effluent referred to in article 5 at lease every four years.
PART IIILICENSING BY SANITARY AUTHORITIES OF DISCHARGES TO SEWERS
8. In this Part—
“licence” means a licence under section 16;
“review” means review under section 17.
9. The quality standards set out in the Schedule shall have effect as follows in relation to trade effluent arising from the production or use of cadmium or any process in which the presence of cadmium is inherent:
( a ) the standards set out at 1, 2B, 3B, 4B, 5B and 6B shall have effect in all appropriate cases,
( b ) the standards set out at 2A, 3A, 4A, 5A and 6A shall have effect subject to any variation that may be appropriate arising from compliance with the standards referred to in paragraph (a).
10. In granting a licence for the discharge of trade effluent from a new plant, a sanitary authority shall have regard to the best available technology where necessary for the elimination of pollution and to any guidelines which may be isssued by the Minister specifying the best available technology in relation to particular circumstances or particular classes of plant.
11. A sanitary authority shall review a licence in respect of trade effluent referred to in article 9 at least every four years.
SCHEDULE
QUALITY STANDARDS FOR DISCHARGES OF CADMIUM
Industrial Sector
Unit of Measurement
Quality Standards to be complied with from 1/1/1986
Quality Standards to be complied with from 1/1/1989
1. Zinc mining, lead and zinc refining, cadmium metal and non-ferrous metal industry.
Flow-weighted average concentration of total cadmium expressed as milligrams of cadmium per litre of effluent discharged—
(a) monthly
0.3
0.2
(b) daily
0.6
0.4
2. Manufacture of cadmium compounds.
A.
Flow-weighted average concentration of total cadmium expressed as milligrams of cadmium per litre of effluent discharged—
(a) monthly
0.5
0.2
(b) daily
1.0
0.4
B.
Average discharge of cadmium expressed as grams per kilogram of cadmium used—
(a) monthly
0.5
0.5
(b) daily
1.0
1.0
3. Manufacture of pigments.
A.
Flow-weighted average concentration of total cadmium expressed as milligrams of cadmium per litre of effluent discharged—
(a) monthly
0.5
0.2
(b) daily
1.0
0.4
B.
Average discharge of cadmium expressed as grams per kilogram of cadmium used—
(a) monthly
0.3
0.3
(b) daily
0.6
0.6
4. Manufacture of stabilizers.
A.
Flow-weighted average concentration of total cadmium expressed as milligrams of cadmium per litre of effluent discharged—
(a) monthly
0.5
0.2
(b) daily
1.0
0.4
B.
Average discharge of cadmium expressed as grams per kilogram of cadmium used—
(a) monthly
0.5
0.5
(b) daily
1.0
1.0
5. Manufacture of primary and secondary batteries.
A.
Flow-weighted average concentration of total cadmium expressed as milligrams of cadmium per litre of effluent discharged—
(a) monthly
0.5
0.2
(b) daily
1.0
0.4
B.
Average discharge of cadmium expressed as grams per kilogram of cadmium used—
(a) monthly
1.5
1.5
(b) daily
3.0
3.0
6.
Electroplating.
A.
Flow-weighted average concentration of total cadmium expressed as milligrams of cadmium per litre of effluent discharged—
(a) monthly
0.5
0.2
(b) daily
1.0
0.4
B.
Average discharge of cadmium expressed as grams per kilogram of cadmium used—
(a) monthly
0.3
0.3
(b) daily
0.6
0.6
GIVEN under the Official Seal of the Minister for the Environment this 4th
day of September, 1985.
LIAM KAVANAGH,
Minister for the Environment.
EXPLANATORY NOTE.
These Regulations prescribe quality standards to be applied by local and sanitary authorities when licensing discharges of effluents containing cadmium to waters and to sewers under Sections 4 and 16 of the Local Government (Water Pollution) Act, 1977 . The Regulations give effect to Council Directive No. 83/513/EEC of 26th September, 1983 (O.J. No. L291/1, 24th October, 1983) on cadmium discharges to the aquatic environment.
S.I. No. 55/1986 –
Local Government (Water Pollution) Act, 1977, (Control of Hexachlorocyclohexane and Mercury Discharges) Regulations, 1986.
LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977, (CONTROL OF HEXACHLOROCYCLOHEXANE AND MERCURY DISCHARGES) REGULATIONS, 1986.
The Minister for the Environment in exercise of the powers conferred on him by sections 6 , 7 , 17 , 19 , 26 and 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977), after consultation with the Minister for Fisheries and Forestry, the Minister for Industry, Trade, Commerce and Tourism and the Water Pollution Advisory Council, hereby makes the following Regulations:—
PART I PRELIMINARY AND GENERAL
1. These Regulations may be cited as the Local Government (Water Pollution) Act, 1977 , (Control of Hexachlorocyclohexane and Mercury Discharges) Regulations, 1986.
2. In these Regulations:—
any reference to a Schedule or article which is not otherwise identified is a reference to a Schedule or article of these Regulations;
any reference to a paragraph which is not otherwise identified is a reference to a paragraph of the provision in which the reference occurs;
any reference to a section is a reference to a section of the Local Government (Water Pollution) Act, 1977 ;
“extraction of lindane” means the separation of lindane from a mixture of hexachlorocyclohexane isomers;
“HCH” means the isomers of 1, 2, 3, 4, 5, 6—hexachlorocyclohexane;
“lindane” means a product containing at least 99% of the y — isomer of 1, 2, 3, 4, 5, 6—hexachlorocyclohexane;
“local authority” and “sanitary authority” have the meanings assigned to them by section 1;
“mercury” means the chemical element mercury or any substance containing mercury, but does not include mercury discharged by the chlor-alkali electrolysis industry;
“the Minister” means the Minister for the Environment;
“newplant” means any plant, works, apparatus or drainage pipe used in connection with the production or use of (a) HCH, and (b) mercury, or in connection with any process in which the presence of these substances is inherent and which
—in the case of HCH either
(i) came into operation after the 11th day of October, 1984, or
(ii) has its HCH processing capacity substantially increased after that date;
—in the case of mercury either
(i) came into operation after the 12th day of March, 1984, or
(ii) has its mercury processing capacity substantially increased after that date;
“waters” has the same meaning as in section 1 but does not include aquifers.
PART II LICENSING BY LOCAL OR SANITARY AUTHORITIES OF DISCHARGES TO WATERS OR TO SEWERS
3. In this Part—
“licence” means a licence under section 4 or 16;
“review” means review under section 7 or 17.
4. The quality standards set out in the First Schedule shall have effect from the dates set out in the said Schedule as follows in relation to trade effluent arising from the production or use of HCH or any process in which the presence of HCH is inherent:
( a ) the standards set out at 1B, 2B, and 3B, shall have effect in all cases,
( b ) the standards set out at 1A, 2A, and 3A, shall have effect subject to any variation that may be appropriate arising from compliance with the standards referred to in paragraph (a),
( c ) the standards shall be applicable to the total quantity of HCH present in all discharges of water containing HCH coming from the site of production, use or processing of HCH.
5. The quality standards set out in the Second Schedule shall have effect from the dates set out in the said Schedule as follows in relation to trade effluent arising from the production or use of mercury or any process in which the presence of mercury is inherent;
( a ) the standards set out at 1B, 2B, 3B, 4B, 5 and 6 shall have effect in all cases,
( b ) the standards set out at 1A, 2A, 3A and 4A shall have effect subject to any variation that may be appropriate arising from compliance with the standards referred to in paragraph (a).
6. In granting a licence for the discharge of trade effluent from a new plant, a local authority or sanitary authority shall have regard to the best available technology where necessary for the elimination of pollution and to any guidelines which may be issued by the Minister specifying the best available technology in relation to particular circumstances or particular classes of plant.
7. A local authority or sanitary authority shall review a licence in respect of trade effluent referred to in article 4 and 5 at least every four years.
FIRST SCHEDULE
Quality Standards for Discharges of HCH
Industrial Sector
Unit of Measurement
Quality Standards to be complied with from
1 April 1986
1 April 1988
1. Plant for the production of HCH.
A.
A. Flow weighted average concentration of HCH expressed as milligrams of HCH per litre of effluent discharged—
(a) maximum monthly
3
2
(b) maximum daily
6
4
B.
Average discharge of HCH
expressed as grams of HCH
per tonne of HCH
produced—
(a) maximum monthly
3
2
(b) maximum daily
6
4
2. Plant for the extraction of Lindane.
A.
Flow weighted average concentration of HCH expressed as milligrams of HCH per litre of effluent discharged—
(a) maximum monthly
8
2
(b) maximum daily
16
4
B.
Average discharge of HCH expressed as grams of HCH per tonne of HCH used—
(a) maximum monthly
15
4
(b) maximum daily
30
8
3. Plant where the production and extraction of lindane is carried out.
Flow weighted average concentration of HCH expressed as milligrams of HCH per litre of effluent discharged—
A.
(a) maximum monthly
6
2
(b) maximum daily
12
4
B.
Average discharge of HCH expressed as grams of HCH per tonne of HCH produced—
(a) maximum monthly
16
5
(b) maximum daily
32
10
SECOND SCHEDULE
Quality Standards for Discharges of Mercury
Industrial Sector
Unit of Measurement
Quality Standards to be complied with from
1 July 1986
1 July 1989
1. Chemical industries using mercury catalysts.
A.
Average concentration of mercury expressed as milligrams of mercury per litre of effluent discharged—
(a) maximum monthly
0.1
0.05
(b) maximum daily
0.2
0.1
B.
— in the production of vinyl chloride
Discharge of mercury expressed as grams per tonne of installed vinyl chloride production capacity—
(a) maximum monthly
0.2
0.1
(b) maximum daily
0.4
0.2
— in other processes
Discharge of mercury expressed as grams per kilogram of mercury processed—
(a) maximum monthly
10
5
(b) maximum daily
20
10
2. Manufacture of mercury catalysts used in the production of vinyl chloride
A.
Average concentration of mercury expressed as milligrams of mercury per litre of effluent discharged—
(a) maximum monthly
0.1
0.05
(b) maximum daily
0.2
0.1
B.
Discharge of mercury expressed as grams per kilogram of mercury processed—
(a) maximum monthly
1.4
0.7
(b) maximum daily
2.8
1.4
3. Manufacture of organic and non-organic mercury compounds (except for products referred to in industrial sector 2)
A.
Average concentration of mercury expressed as milligrams of mercury per litre of effluent discharged—
(a) maximum monthly
0.1
0.05
(b) maximum daily
0.2
0.1
B.
Discharge of mercury expressed as grams per kilogram of mercury processed—
(a) maximum monthly
0.1
0.05
(b) maximum daily
0.2
0.1
4. Manufacture of primary batteries containing mercury
A.
Average concentration of mercury expressed as milligrams of mercury per litre of effluent discharged—
(a) maximum monthly
0.1
0.05
(b) maximum daily
0.2
0.1
B.
Discharge of mercury expressed as grams per kilogram of mercury processed—
(a) maximum monthly
0.05
0.03
(b) maximum daily
0.1
0.06
5. Non-ferrous metal industry
Average concentration of mercury expressed as milligrams of mercury per litre of effluent discharged—
(a) maximum monthly
0.1
0.05
(b) maximum daily
0.2
0.1
6. Plants for the treatment of toxic wastes containing mercury
Average concentration of mercury expressed as milligrams of mercury per litre of effluent discharged—
(a) maximum monthly
0.1
0.05
(b) maximum daily
0.2
0.1
GIVEN under the Official Seal of the Minister for the Environment
this 5th day of March, 1986.
JOHN BOLAND,
Minister for the Environment.
EXPLANATORY NOTE.
These Regulations prescribe quality standards to be applied by local and sanitary authorities when licensing discharges of effluents containing hexachlorocyclohexane or mercury to waters or to sewers under Sections 4 and 16 of the Local Government (Water Pollution) Act, 1977 . The Regulations give effect to Council Directive No. 84/491/EEC of 9th October, 1984 (O.J. No. L274/11, 17th October, 1984) on hexachlorocyclohexane discharges and Council Directive No. 84/156/EEC of 8th March, 1984 (O.J. No. L74/49, 17th March, 1984) on mercury discharges by sectors other than the chlor-alkali electrolysis industry.
S.I. No. 348/1993 –
Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Aldrin, Dieldrin, Endrin, Isodrin, Hcb, Hcbd and Chc13 Discharges) Regulations, 1993.
In exercise of the powers conferred on the Minister for the Environment by section 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977) and by sections 6, 7, 17, 19, and 26, of that Act as amended respectively by sections 4, 5, 13, 14, and 18 and 29, of the Local Government (Water Pollution) (Amendment) Act, 1990 (No. 21 of 1990), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1993 ( S.I. No. 127 of 1993 ), I, JOHN BROWNE, Minister of State at the Department of the Environment, hereby make the following Regulations:—
PART I Preliminary and General
1. These Regulations may be cited as the Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Aldrin, Dieldrin, Endrin, Isodrin, HCB, HCBD and CHC13 Discharges) Regulations, 1993.
2. In these Regulations:—
any reference to a Schedule or article which is not otherwise identified is a reference to a Schedule or article of these Regulations;
any reference to a paragraph which is not otherwise identified is a reference to a paragraph of the provision in which the reference occurs;
“aldrin” means the chemical compound C12H8C16 1, 2,3,4, 10, 10-hexachloro-1, 4, 4a, 5, 8, 8a-hexahydro- 1, 4-endo-5, 8-exo-dimethanonaphtalene;
“CHC13” means the substance chloroform;
“dieldrin” means the chemical compound C12H8C16O 1,2,3, 4, 10, 10-hexachloro-6, 7-epoxy-1, 4, 4a, 5, 6, 7, 8, 8a-octahydro- 1, 4-endo-5, 8-exdo-dimethanonaphtalene;
“endrin” means the chemical compound C12H8C16O 1, 2, 3, 4, 10, 10-hexachloro-6, 7-epoxy-1, 4, 4a, 5, 6, 7, 8, 8a-octahydro-1, 4-endo-5, 8-endo-dimethanonaphtalene;
“HCB” means the substance hexachlorobenzene;
“HCBD” means the substance hexachlorobutadiene;
“isodrin” means the chemical compound C12H8C16 1, 2, 3, 4, 10, 10-hexachloro-1, 4, 4a, 5, 8, 8a-hexahydro- 1, 4-endo-5, 8-endo-dimethanonaphtalene;
“local authority” and “sanitary authority” have the meanings assigned to them by section 1 of the Principal Act;
“the Act of 1990” means the Local Government (Water Pollution) (Amendment) Act, 1990 ( S.I. No. 21 of 1990 );
“the Minister” means the Minister for the Environment;
“handling of substances” means any industrial process involving the production, processing or use of any of the following substances viz. aldrin, dieldrin, endrin, isodrin, HCB, HCBD, CHC13, or any other industrial process in which the presence of any such substance is inherent;
“new plant” means any plant, works, apparatus or drainage pipe used in connection with the handling of substances which came into operation after the 24th day of June, 1989 or which had its capacity for the handling of substances substantially increased after that date;
“waters” has the meaning assigned to it by section 1 of the Principal Act, save that it does not include an aquifer.
PART II Licensing by Local or Sanitary Authorities of Discharges to Waters or to Sewers
3. In this Part:—
“licence” means a licence under section 4 of the Principal Act or under section 16 of that Act as amended by section 12 of the Act of 1990;
“review” means a review under section 7 or under section 17 of the Principal Act as amended respectively by section 5 and section 13 of the Act of 1990.
4. (1) The quality standards set out in Columns 2 and 3 of the Schedule are hereby prescribed and shall have effect as follows in relation to trade effluent arising from the handling of substances in the industrial processes of the types listed in Column 1 thereof:
( a ) the standards set out at Column 2 shall have effect in all cases,
( b ) the standards set out at Column 3 shall have effect subject to any variation that may be appropriate in any case arising from particular circumstances provided that compliance with the standards referred to in paragraph (a) is not affected.
(2) In the case of the handling of substances in industrial processes other than those of the types listed in Column 1 of the Schedule, a standard which is not less stringent than the most nearly comparable quality standard set out in Columns 2 and 3 thereof shall have effect in relation to trade effluent arising from such processes.
(3) The quality standard in Column 2 of the Schedule in respect of the production of aldrin and/or dieldrin and/or endrin (including formulation of these substances on the same site) applies to the sum of aldrin, dieldrin, endrin and isodrin (where the effluent also contains isodrin) in the effluent.
(4) The quality standards apply at the point where the effluent leaves the industrial plant except where an industrial process involving agitation in the open air of effluent containing CHC13 is used, in which case the quality standards shall have effect upstream of that process and all water likely to be polluted shall be taken into account in determining compliance.
5. Without prejudice to the provisions of article 4, a local authority or sanitary authority shall ensure that the best technical means are used where necessary for the elimination of pollution in granting a licence for the discharge of trade effluent from a new plant.
6. A local authority or sanitary authority shall review a licence in respect of trade effluent referred to in article 4 at least every four years.
7. A local authority or sanitary authority shall ensure as far as possible that the granting of a licence will not result in an increase in the pollution, by the substances in respect of which quality standards are prescribed in these Regulations, of other environmental media, in particular soil and air.
SCHEDULE
Quality Standards for aldrin, dieldrin, endrin and isodrin
Type of Industrial Process
Quality Standards and Units of Measurement
Column 1
Column 2
Column 3
1. Production of aldrin and/or dieldrin and/or endrin (including formulation of these substances on the same site).
Average discharge of aldrin, dieldrin, endrin and isodrin expressed as grams per tonne of total production capacity—
Flow weighted average concentration of aldrin, dieldrin, endrin and isodrin expressed as micrograms per litre of effluent discharged—
( a ) monthly — 3 g/t
( a ) monthly — 2 ug/l
( b ) daily — 15 g/t
( b ) daily — 10 ug/l
Where possible, daily values should not exceed twice the monthly value.
Where possible, daily values should not exceed twice the monthly value.
Quality Standards for HCB
2. HCD production and processing.
Average discharge of HCB expressed as grams per tonne of HCB production capacity—
Flow weighted average concentration of HCB expressed as milligrams per litre of effluent discharged—
( a ) monthly — 10 g/t
( a ) monthly — 1 mg/l
( b ) daily — 20 g/t
( b ) daily — 2 mg/l
Quality Standards for HCB or for HCBD
3. Production of Perchloroethylene (PER) and carbon tetrachloride (CC14) by perchlorination.
Average discharge of HCB, or of HCBD expressed as grams per tonne of PER + CC14 total production capacity—
Flow weighted average concentration of HCB orof HCBD expressed as milligrams per litre of effluent discharged—
( a ) monthly — 1.5 g/t
( a ) monthly — 1.5 mg/1
( b ) daily —3 g/t
( b ) daily — 3 mg/l
Quality Standards for CHC13
4. Production of chlorometahanes from methanol or from a combination of methanol and methane i.e. by hydrochlorination of methanol, then chlorination of methyl chloride.
Average discharge of CHC13 expressed as grams per tonne of total chloromethanes production capacity—
Flow weighted average concentration of CHC13 expressed as milligrams per litre of effluent discharged—
( a ) monthly — 10 g/t
( a ) monthly — 1 mg/l
( b ) daily — 20 g/t
( b ) daily — 2 mg/l
5. Production of chloromethanes by chlorination of methane.
Average discharge of CHC13 expressed as grams per tonne of total chloromethanes production capacity—
Flow weighted average concentration of CHC13 expressed as milligrams per litre of effluent discharged—
( a ) monthly — 7.5 g/t
( a ) monthly — 1 mg/l
( b ) daily — 15 g/t
( b ) daily — 2 mg/l
DATED this 3rd day of December, 1993.
JOHN BROWNE,
Minister of State at the Department
of the Environment.
EXPLANATORY NOTE.
These Regulations prescribe quality standards to be applied by local and sanitary authorities when licensing discharges of effluent containing aldrin, dieldrin, endrin, isodrin, HCB, HCBD and CHC13to waters or to sewers under the provisions of the Local Government (Water Pollution) Act, 1977 as amended by the Local Government (Water Pollution) (Amendment) Act, 1990 . The Regulations giv effec to Council Directive No. 88/347/EEC on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Council Directive 76/464/EEC.
S.I. No. 271/1992 –
Local Government (Water Pollution) Regulations, 1992.
LOCAL GOVERNMENT (WATER POLLUTION) REGULATIONS, 1992.
In exercise of the powers conferred on the Minister for the Environment by sections 9 and 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977), by sections 6, 7, 17, and 19 of that Act as amended respectively by sections 4 , 5 , 13 and 14 of the Local Government (Water Pollution) (Amendment) Act, 1990 (No. 21 of 1990), by section 26 of the Local Government (Water Pollution) Act, 1977 , as amended by sections 18 and 29 of the Local Government (Water Pollution) (Amendment) Act, 1990 and by sections 8 , 20 and 21 of the Local Government (Water Pollution) Act, 1977 as substituted respectively by sections 6 , 15 and 16 of the Local Government (Water Pollution) (Amendment) Act, 1990 , which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1992 ( S.I. No. 136 of 1992 ), I, MARY HARNEY, Minister of State at the Department of the Environment, hereby make the following Regulations:—
PART I PRELIMINARY AND GENERAL
1. (1) These Regulations may be cited as the Local Government (Water Pollution) Regulations, 1992.
(2) These Regulations and the Local Government (Water Pollution) Regulations, 1978 ( S.I. No. 108 of 1978 ), shall be construed together and may be collectively cited as the Local Government (Water Pollution) Regulations, 1978 and 1992.
2. These Regulations shall come into operation on the 1st day of November, 1992.
3. In these Regulations—
any reference to an article which is not otherwise identified is a reference to an article of these Regulations;
any reference to a sub-article or paragraph which is not otherwise identified is a reference to a sub-article or paragraph of the provision in which the reference occurs;
any reference to a provision of the Principal Act which has been amended or substituted by the Act of 1990 is a reference to such provision as so amended or substituted as the case may be;
“the Act of 1990” means the Local Government (Water Pollution) (Amendment) Act, 1990 ;
“the 1978 Regulations” means the Local Government (Water Pollution) Regulations, 1978;
“licence” means a licence under section 4 or 16 of the Principal Act and includes such a licence revised under section 7 or 17 of that Act;
“licence application” means an application to a local authority or a sanitary authority for a licence;
“review” means the review of a licence under section 7 or 17 of the Principal Act.
4. The Local Government (Water Pollution) (Fees) Regulations, 1985 ( S.I. No. 115 of 1985 ) and Part IV of the 1978 Regulations are hereby revoked.
PART II AMENDMENTS TO THE 1978 REGULATIONS
5. The 1978 Regulations are hereby amended by—
( a ) the substitution of the words “for the purpose of an appeal” for the words “in article 26” and the substitution of the words “the specified fee” for the words “a deposit of £10” in paragraph (c) of article 11 (1),
( b ) the substitution for article 15 (2) of the following sub-article:
“(2) A notice by a local authority under sub-article (1) shall include a statement that an appeal under section 8 may be made to the Board by any person within the period prescribed and that any such appeal must be accompanied by the specified fee and shall specify—
( a ) whether any condition of the licence the subject of the review has been deleted,
( b ) whether and in what way any condition of the licence has been amended,
( c ) any conditions or additional conditions which have been attached to the licence,
( d ) in the event of the revocation of the licence, the reasons for such revocation, and
( e ) the date of the decision of the local authority.”,
( c ) the insertion of the words “within the period prescribed for the purpose of an appeal” after the word “Board” and the substitution of the words “the specified fee” for the words “a deposit of £10” in article 20,
( d ) the substitution for article 24 (2) of the following sub-article:
“(2) A notice by a sanitary authority under sub-article (1) shall include a statement that an appeal under section 20 may be made to the Board within the period prescribed and that any such appeal must be accompanied by the specified fee and shall specify—
( a ) whether any condition of the licence the subject of the review has been deleted,
( b ) whether and in what way any condition of the licence has been amended,
( c ) any conditions or additional conditions which have been attached to the licence,
( d ) in the event of the revocation of the licence, the reasons for such revocation, and
( e ) the date of the decision of the sanitary authority.”.
6. The 1978 Regulations are hereby amended by—
( a ) the addition after article 10 of the following article:
“10A. Where a licence application is made to a local authority in accordance with these Regulations and the relevant requirements of or under these Regulations are complied with, the local authority shall determine the application within a period of two months beginning on the day of the receipt of the application or the day on which all of those requirements are complied with, whichever is the later.”,
( b ) the addition after article 19 of the following article:
“19A. Where a licence application is made to a sanitary authority in accordance with these Regulations and the relevant requirements of or under these Regulations are complied with, the sanitary authority shall determine the application within a period of two months beginning on the day of the receipt of the application or the day on which all of those requirements are complied with, whichever is the later.”.
PART III LICENCE APPLICATIONS AND REVIEWS
7. (1) A fee shall be paid to a local authority by an applicant in respect of a licence application under section 4 of the Principal Act and to a sanitary authority in respect of a licence application under section 16 of that Act.
(2) The amount of the fee payable under this article is hereby specified to be £300.
8. (1) A fee shall be paid by the licensee to a local authority in respect of a review of a licence under section 7 of the Principal Act or to a sanitary authority in respect of a review of a licence under section 17 of that Act where the licensee applies to the local authority or the sanitary authority to review the licence.
(2) The amount of the fee payable under this article is hereby specified to be £300.
9. An application by a licensee to a local authority or sanitary authority to review a licence shall be made in writing and shall state in full the grounds on which it is made.
PART IV APPEALS
10. In this Part—
“appeal” means an appeal under section 8 or 20 of the Principal Act;
“the Board” means An Bord Pleanala;
“oral hearing” means an oral hearing of an appeal;
“party to an appeal” means—
( a ) in the case of an appeal under section 8 of the Principal Act—
(i) the appellant,
(ii) the local authority which granted, refused or reviewed a licence in relation to which an appeal is made,
(iii) the applicant for a licence when an appeal is made by another person,
(iv) the person making, causing or permitting a discharge where an appeal is made by another person in relation to a review of a licence for that discharge,
( b ) in the case of an appeal under section 20 of the Principal Act—
(i) the appellant,
(ii) the sanitary authority which granted, refused or reviewed a licence in relation to which an appeal is made;
“relevant persons” means each party to any appeal and any person who has made submissions or observations to the Board in accordance with article 18 of these Regulations;
“State authority” has the meaning assigned to it by section 84 (2) of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963).
11. Where a requirement of or under these Regulations requires submissions or observations to be made, or documents, particulars or other information to be submitted to the Board within a specified period and the last day of that period is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Board are closed, the submissions or observations, or documents, particulars or other information (as the case may be) shall be regarded as having been received before the expiration of that period if received by the Board on the next following day on which the offices of the Board are open.
12. (1) The prescribed period for the purpose of an appeal shall be—
( a ) in the case of an appeal relating to the grant or refusal of a licence, the period of one month beginning on the date of the grant or refusal of the licence,
( b ) in the case of an appeal relating to the decision of a local authority or sanitary authority on a review of a licence, the period of one month beginning on the date of the decision.
(2) An appeal received by the Board after the expiration of the appropriate period prescribed in sub-article (1) shall be invalid.
(3) Where the last day of the appropriate period prescribed in sub-article (1) is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Board are closed, an appeal shall, notwithstanding sub-article (2), be valid as having been made in time if received by the Board on the next following day on which the offices of the Board are open.
(4) Sections 8 (1) (a), 20 (1) (a) and (b) of the Principal Act authorising appeals to be made before the expiration of the period prescribed within the meaning of the said provisions shall be construed as including a provision that an appeal received by the Board after the period prescribed shall be invalid as not having been made in time.
13. (1) An appeal shall—
( a ) be made in writing,
( b ) state the name and address of the appellant,
( c ) state the subject matter of the appeal, and
( d ) state in full the grounds of appeal and the reasons, considerations and arguments on which they are based.
(2) An appeal shall be accompanied by such fee as may be specified to be payable in accordance with these Regulations.
(3) ( a ) An appeal which does not comply with the requirements of sub-article (1) shall be invalid.
( b ) The requirement of sub-article 1 (d) shall apply whether or not the appellant requests, or proposed to request, in accordance with article 16, an oral hearing of the appeal.
(4) Without prejudice to article 19, an appellant shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to the grounds of appeal stated in the appeal or to submit further grounds of appeal and any such elaboration, submission or further grounds of appeal that is or are received by the Board shall not be considered by it.
(5) ( a ) An appeal shall be accompanied by such documents, particulars or other information relating to the appeal as the appellant considers necessary or appropriate.
( b ) Without prejudice to article 20, the Board shall not consider any documents, particulars or other information submitted by an appellant other than the documents, particulars or other information which accompanied the appeal.
(6) An appeal shall be made—
( a ) by sending the appeal by prepaid post to the Board, or
( b ) by leaving the appeal with an employee of the Board at the office of the Board during office hours.
14. (1) A person making an appeal to the Board shall pay to the Board a fee in respect of the appeal.
(2) Subject to sub-article (3) the amount of the fee to be paid to the Board by a person in respect of an appeal is hereby specified to be £100.
(3) Where an appeal is made to the Board by—
( a ) a State authority
( b ) a local authority
( c ) a sanitary authority
( d ) the Central Fisheries Board
( e ) a Regional Fisheries Board
( f ) Bord Failte Eireann
( g ) An Taisce — the National Trust for Ireland
the amount of the fee to be paid to the Board in respect of the appeal is hereby specified to be £50.
15. (1) The Board shall, as soon as may be after receipt of an appeal, give a copy thereof to each other party to the appeal.
(2) ( a ) Each other party to the appeal may make submissions or observations in writing to the Board in relation to the appeal within a period of one month beginning on the day on which a copy of the appeal is sent to that party by the Board.
( b ) Any submissions or observations received by the Board after the expiration of the period mentioned in paragraph (a) of sub-article (2) shall not be considered by the Board.
(3) Where no submissions or observations have been received from a party to an appeal within the period mentioned in paragraph (a) of sub-article (2), the Board may without further notice to that party determine the appeal.
(4) Without prejudice to article 19, a party to an appeal shall not be entitled to elaborate in writing upon any submissions or observations made in accordance with sub-article (2) or make any further submissions or observations in writing in relation to the appeal and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.
16. (1) A party to an appeal may request an oral hearing of the appeal and any such request shall be made in writing to the Board.
(2) A party to an appeal making a request to the Board for an oral hearing of an appeal shall, in addition to the fee specified in article 14, pay to the Board a fee in respect of the request.
(3) The amount of the fee to be paid to the Board in respect of the request for an oral hearing is hereby specified to be £50.
(4) A request by an appellant for an oral hearing of an appeal may only be made before the expiration of the period prescribed for the purpose of an appeal in article 12 (1) and any such request not so received by the Board shall not be considered by the Board.
(5) A request by a party to an appeal other than the appellant for an oral hearing of an appeal may only be made before the expiration of the period mentioned in article 15 (2) (a) within which that party may make submissions or observations to the Board in relation to the appeal and any such request not so received by the Board shall not be considered by the Board.
17. Where an appeal is made to the Board, the local authority or sanitary authority which granted, refused or reviewed the licence in relation to which the appeal is made shall, within a period of fourteen days beginning on the day on which a copy of the appeal is sent to them by the Board, submit to the Board as appropriate—
( a ) a copy of the licence application concerned and of the documents, particulars or other information which accompanied it,
( b ) a copy of any particular furnished by the applicant pursuant to sub-articles 7 (3) or 17 (3) of the 1978 Regulations,
( c ) the results of any investigations carried out pursuant to sub-articles 8 or 18 of the 1978 Regulations,
( d ) a copy of the decision of the local authority or sanitary authority in relation to the licence, and
( e ) any information furnished by the applicant pursuant to article 40 of these Regulations.
18. (1) ( a ) A person other than a party to an appeal may make submissions or observations in writing to the Board in relation to an appeal.
( b ) Submissions or observations as aforesaid may only be made before the expiration of the period mentioned in sub-article (2) and any submissions or observations not so received by the Board shall not be considered by the Board.
(2) The period referred to in sub-article (1) (b) is the period of one month beginning on the day of receipt of the appeal by the Board or, where there is more than one appeal to the Board, on the day on which the Board last receives an appeal.
(3) A fee shall be paid to the Board by a person other than a party to an appeal making submissions or observations to the Board as regards an appeal.
(4) The amount of the fee to be paid to the Board in respect of the making of submissions or observations under this article as regards an appeal is hereby specified to be £30.
(5) Without prejudice to article 19, a person who makes submissions or observations to the Board in accordance with this article shall not be entitled to elaborate in writing upon the submissions or observations or make further submissions or observations in writing in relation to the appeal and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.
19. Where the Board is of opinion that, in the particular circumstances of an appeal, it is appropriate in the interests of justice to request any party to the appeal or any person who has made submissions or observations to the Board in relation to the appeal to make submissions or observations in relation to any matter which has arisen in relation to the appeal, the Board may, in its discretion, notwithstanding article 13 (4), 15 (4), 18 (5) or 30 (2) (d) serve on any such person a notice under this article—
( a ) requesting that person, within a period specified in the notice (not being less than fourteen or more than twenty eight days beginning on the date of service of the notice) to submit to the Board submissions or observations in relation to the matter in question, and
( b ) stating that, if submissions or observations are not received before the expiration of the period specified in the notice, the Board will, after the expiration of that period and without further notice to the person, pursuant to article 21 determine the appeal.
20. Where the Board is of opinion that any document, particulars or other information is or are necessary for the purpose of enabling it to determine an appeal, the Board may serve on any person who is a party to the appeal or on any other person who has made submissions or observations to the Board in relation to the appeal, a notice under this article—
( a ) requiring that person, within a period specified in the notice (being a period of not less than fourteen days beginning on the date of service of the notice) to submit to the Board such document, particulars or other information (which document, particulars or other information shall be specified in the notice), and
( b ) stating that, in default of compliance with the requirements of the notice, the Board will, after the expiration of the period so specified and without further notice to the person, pursuant to article 21 dismiss or otherwise determine the appeal.
21. Where a notice has been served under article 19 or 20 the Board, at any time after the expiration of the period specified in the notice, may, having considered any submissions or observations or document, particulars or other information (as the case may be) submitted by the person on whom the notice has been served, without further notice to that person, determine or, in the case of a notice served under article 20, dismiss the appeal.
22. Notwithstanding any other provision of these Regulations the Board shall in the following circumstances have an absolute discretion to dismiss an appeal—
( a ) where, having considered the grounds of appeal, the Board is of opinion that the appeal is vexatious, frivolous or without substance or foundation, or
( b ) where, having regard to—
(i) the nature of the appeal (including any question which in the Board’s opinion is raised by the appeal), and
(ii) any previous decision of a local authority or a sanitary authority or the Board which in its opinion is relevant,
the Board is satisfied that in the particular circumstances the appeal should not be further considered by it.
23. (1) Where the Board is of opinion that an appeal, or an application for a licence to which an appeal relates, has been abandoned, the Board may serve on the person who made the appeal or application, as may be appropriate, a notice stating that fact and requiring that person, within a period specified in the notice (being a period of not less than fourteen or more than twenty eight days beginning on the date of service of the notice), to make to the Board a submission in writing as to why the appeal or application, as the case may be, should not be regarded as having been withdrawn.
(2) Where a notice has been served under sub-article (1), the Board may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Board pursuant to the notice, declare that the appeal or application to which the notice relates shall be regarded as having being withdrawn.
(3) Where pursuant to this article the Board declares that an application is to be regarded as having been withdrawn, any appeal in relation to the application shall be regarded as having been withdrawn and accordingly shall not be determined by the Board.
24. (1) The Board shall have an absolute discretion to hold an oral hearing of any appeal.
(2) A request for an oral hearing may be withdrawn at any time.
(3) Where the Board decides to hold an oral hearing, the Board shall inform relevant persons and shall give such persons not less than seven days notice of the time and place of the opening of the oral hearing or such shorter notice as may be accepted by all such persons.
(4) The Board may, at any time before the opening of an oral hearing, alter the time or place of the opening of the hearing and, in the event of such alteration, the Board shall give relevant persons not less than seven days notice of the new time and place or such shorter notice as may be accepted by all such persons.
(5) Where relevant persons have been informed that an oral hearing is to be held and where, following the withdrawal of a request for an oral hearing, the appeal falls to be determined without an oral hearing, the Board shall give notice accordingly to such persons.
(6) An oral hearing shall be conducted by the Board or by a person authorised for that purpose by the Board generally or for a particular appeal or for appeals of a particular class.
(7) If, for any reason, the person authorised is unable or fails to conduct, or to complete the conduct of, an oral hearing or, for any reason, is unable or fails to furnish a report on an oral hearing to the Board, the Board may authorise another person to conduct the oral hearing or to conduct a new oral hearing.
25. Where the Board is requested to hold an oral hearing of an appeal and decide to determine the appeal without an oral hearing, the Board shall serve notice of its decision on the person who requested the hearing and on each other party to the appeal.
26. The Board or other person conducting an oral hearing shall have discretion as to conduct of the hearing and in particular shall—
( a ) conduct the hearing without undue formality,
( b ) decide the order of appearance of relevant persons,
( c ) permit any relevant persons to appear in person or to be represented by another person.
27. (1) The Board or other person conducting an oral hearing may require any officer of a local authority or a sanitary authority concerned to give to him any information which the Board or other person conducting the hearing reasonably requires for the purpose of the hearing, and it shall be the duty of the officer concerned to comply with the requirement.
(2) The Board or other person conducting an oral hearing of an appeal may take evidence on oath and for that purpose may administer oaths, and a person giving evidence shall be entitled to the same immunities and privileges as if he were a witness before the High Court.
(3) ( a ) Subject to paragraph (b) following, the Board or other person conducting an oral hearing of an appeal may, by giving notice in that behalf in writing to any person, require that person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing or to produce any documents, particulars, or other information in his possession, custody or control.
( b ) The following provisions shall have effect for the purposes of paragraph (a):
(i) it shall not be necessary for a person to attend in compliance with a notice at a place more than ten miles from his ordinary place of residence unless such sum as will cover the reasonable and necessary expenses of the attendance has been paid or tendered to him;
(ii) the local authority or sanitary authority shall, at the request of the Board or other person conducting the oral hearing, pay or tender to any person whose attendance is required such sum as the Board or other person conducting the hearing considers will cover the reasonable and necessary expenses of the attendance;
(iii) any person who in compliance with a notice has attended at any place shall, save insofar as the reasonable and necessary expenses of the attendance have already been paid to him, be paid those expenses by the local authority, or sanitary authority, and those expenses, save as aforesaid, shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.
( c ) a person to whom a notice under paragraph (a) has been given who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals or destroys any documents, particulars or other information to which the notice relates or who, having so attended, refuses or wilfully fails to produce any documents, particulars or other information to which the notice relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.
(4) A prosecution for an offence under paragraph (c) of sub-article (3) may be taken by the Board.
28. (1) Subject to sub-articles (2) and (3), the Board or other person conducting an oral hearing may adjourn or re-open any hearing or, notwithstanding that any relevant person has failed to attend a hearing, proceed with the hearing.
(2) Notice of the time and place of the re-opening of an oral hearing or resumption of an oral hearing that has been adjourned indefinitely shall be given by the Board to each relevant person not less than seven days before the said time unless all such persons accept shorter notice.
(3) Unless the Board consider it expedient so to do in the circumstances in article 30 or otherwise and so directs, an oral hearing shall not be re-opened after the report thereon has been submitted to the Board.
29. Where in relation to an appeal an inspection is carried out, or an oral hearing is conducted, on behalf of the Board by a person authorised for that purpose by the Board, the person so authorised shall make to the Board a written report on the inspection or hearing, as the case may be, and shall include in his report a recommendation relating to the matter with which the inspection or hearing was concerned, and the Board shall, before determining the appeal in relation to which the inspection was carried out or the hearing was conducted, consider the report including any recommendation contained therein.
30. (1) The Board in determining an appeal may take into account matters other than those raised by a party to an appeal or by any person who had made submissions or observations to the Board.
(2) The Board shall give notice in writing to each party to an appeal and to each of the persons who have made submissions or observations in relation to the appeal of the matters that it proposes to take into account under sub-article (1) and shall indicate in that notice:
( a ) in a case where the Board proposes to hold an oral hearing of the appeal, or where an oral hearing of the appeal has been concluded and the Board considers it expedient to re-open the hearing, that submissions in relation to the said matters may be made to the person conducting the hearing, or
( b ) in a case where the Board does not propose to hold an oral hearing of the appeal, or where an oral hearing of the appeal has been concluded and the Board does not consider it expedient to re-open the hearing, that submissions or observations in relation to the said matters may be made to the Board in writing within a period specified in the notice (being a period of not less than fourteen or more than twenty eight days beginning on the date of service of the notice).
( c ) Submissions or observations as aforesaid that are received by the Board after the expiration of the period referred to in paragraph (b) of this sub-article shall not be considered by the Board.
( d ) Without prejudice to article 19 where a party to an appeal or a person referred to in sub-article (1) makes submissions or observations to the Board in accordance with paragraph (b) of this sub-article, that party or person shall not be entitled to elaborate in writing upon those submissions or observations or to make further submissions or observations in writing in relation to the matters referred to in sub-article (1) and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.
31. (1) It shall be the objective of the Board to ensure that every appeal is determined within four months beginning on the date of receipt by the Board of the appeal.
(2) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of an appeal, to determine the appeal within the period referred to in sub-article (1) the Board shall, by notice in writing served on relevant persons, inform such persons of the reasons why it would not be possible or appropriate, as the case may be, to determine the appeal within that period and shall specify the date before which the Board intends to determine the appeal.
(3) Where a notice has been served under sub-article (2), the Board shall take all such steps as are open to it to ensure that the appeal is determined before the date specified in the notice.
(4) This article shall not apply to appeals received by the Board before the 1st day of March, 1993.
32. (1) Where there is an appeal to the Board—
( a ) the Board, if it so thinks proper and irrespective of the result of the appeal, may direct the local authority or sanitary authority to pay—
(i) to the appellant, such sum as the Board, in its absolute discretion, specified as compensation to the appellant for the expenses occasioned to him in relation to the appeal,
(ii) to the Board, such sum as the Board, in its absolute discretion, specifies as compensation to the Board towards the expense incurred by the Board in relation to the hearing of the appeal;
( b ) in case the Board in determining the appeal does not accede in substance to the appellant’s grounds of appeal, the Board, if it so thinks proper, may direct the appellant to pay—
(i) to the local authority or sanitary authority, such sum as the Board, in its absolute discretion, specifies as compensation to the local authority or sanitary authority for the expense occasioned to them in relation to the appeal,
(ii) to any of the other parties to the appeal such sum as the Board, in its absolute discretion, specifies, in any or each case, as compensation to the party for the expenses occasioned to him in relation to the appeal,
(iii) to the Board, such sum as the Board, in its absolute discretion, specifies as compensation to the Board towards the expense incurred by the Board in relation to the hearing of the appeal.
(2) Any sum directed under this article to be paid shall, in default of being paid, be recoverable as a simple contract debt in any court of competent jurisdiction.
33. (1) The Board shall notify relevant persons of its decision on an appeal.
(2) Every notification under sub-article (1) shall specify the nature of the decision, including any directions given to the local authority or sanitary authority concerned relating to the granting or revoking of a licence or the attachment, amendment or deletion of conditions.
34. On complying with directions of the Board in relation to a licence, the local authority or sanitary authority shall notify the holder of the licence of such compliance.
35. (1) The Board shall, so far as may in the opinion of the Board be necessary for the performance of its functions, keep itself informed of the policies and objectives for the time being of the Minister, local authorities, sanitary authorities and any other body which is a public authority whose functions have, or may have, a bearing on control of water pollution.
(2) In this article “public authority” means any Minister of the Government (not being the Minister), the Commissioners of Public Works in Ireland and any other body established by or under statute which is for the time being declared, by order made by the Minister, to be a public authority for the purpose of this article.
36. (1) The Minister may, from time to time, give to the Board such general directions as to policy in relation to the prevention and control of water pollution as he considers necessary.
(2) In performing its functions the Board shall have regard to any direction issued by the Minister under this article.
(3) Whenever the Minister gives a direction under this article, he shall:
( a ) cause a copy of the direction to be sent to the Board,
( b ) cause to be published in Iris Oifigiuil a notice of the issue of the direction, and
( c ) cause a copy of the direction to be sent to each local authority and sanitary authority.
(4) Nothing in this article shall be construed as enabling the Minister to exercise any power or control in relation to any particular case with which the Board is or may be concerned.
PART V REGISTER FEE PAYABLE TO A LOCAL AUTHORITY OR SANITARY AUTHORITY
37. In this Part—
“register” means a register under section 9 of the Principal Act.
38. The prescribed fee for a copy of any entry in a register shall be £5.
PART VI CONTROL OF DISCHARGES TO AQUIFERS
39. In this Part—
any reference to a Schedule is a reference to a Schedule of these Regulations;
any reference to a section or subsection is a reference to a section or subsection of the Principal Act;
“harmful substance” means substances and groups of substances specified in the First Schedule or in the Second Schedule, except where otherwise provided;
“licence” means a licence under section 4 in respect of sewage effluent or trade effluent containing a harmful substance which is discharged to an aquifer;
“licence application” means an application to a local authority for a licence.
40. (1) Without prejudice to the requirements of article 7 of the 1978 Regulations, a licence application shall also be accompanied by the results of a prior investigation unless the applicant can saisfy the local authority concerned that the harmful substance in the sewage effluent or trade effluent is present in so small a quantity and concentration as to obviate present or future danger of deterioration in the quality of the water in the aquifer to which the discharge is proposed to be made.
(2) The prior investigation referred to in sub-article (1) shall include—
( a ) an assessment of the environmental impact of alternative methods of disposal of the harmful substance, and
( b ) an examination of the aquifer to which the licence application relates in respect of the following—
(i) extent and estimated volume of water therein,
(ii) quality of water therein,
(iii) estimated rate of recharge,
(iv) identification of any existing or proposed uses of the water therein,
(v) the hydrogeological conditions of the area in which the aquifer is located,
(vi) nature and depth of overlying soil and subsoil and its effectiveness in preventing or reducing the entry of the harmful substance to water in the aquifer,
(vii) risk of deterioration in the quality of the water therein due to the entry of the harmful substance,
(viii) risk of the water therein being affected by the harmful substance so as to endanger human health or water supplies, harm living resources and the aquatic ecosystem or interfere with the use of the water for domestic, agricultural, fisheries, commercial, industrial or recreational purposes, and
(ix) such other matters as the local authority may reasonably require
for the purpose of establishing whether the discharge of the harmful substance to the aquifer is a satisfactory method of disposal having regard to its environmental impact and the results of the assessment referred to in paragraph (a).
(3) The local authority shall take into account the results of the prior investigation obtained under sub-article (2) before deciding to grant or refuse a licence.
41. (1) Subject to sub-article (2) a quality standard of 0 (zero) milligrams per litre is hereby prescribed for sewage effluent and trade effluent discharged to an aquifer in respect of a harmful substance specified in the First Schedule.
(2) A local authority may specify conditions in a licence requiring a standard different from the quality standard prescribed in sub-article (1) in respect of a harmful substance specified in the First Schedule—
( a ) where the results of the prior investigation supplied in accordance with article 40 (1) show that the water in the aquifer to which the licence application relates is permanently unsuitable for domestic, commercial, industrial, agricultural, fisheries or recreational uses, and all practical technical precautions have been taken to prevent the entry of the harmful substance to other waters so as to avoid the risk set out in article 40 (2) (b) (vii), or
( b ) where the licence application is made in respect of the re-injection into the same aquifer of water used for geothermal purposes, water pumped out of mines and quarries or water pumped out for civil engineering works.
42. In the light of a prior investigation carried out in accordance with the requirements of article 40, a local authority may specify conditions in a licence requiring a standard different from the quality standard prescribed in sub-article (1) of article 41 in respect of a harmful substance specified in the Second Schedule provided that all practical technical precautions are observed to prevent water in an aquifer being affected by that harmful substance in the manner set out in article 40 (2) (b) (viii).
43. Where a local authority grants a licence, and without prejudice to the generality of section 4 (5), it shall attach conditions relating to—
( a ) the location of the discharge,
( b ) the method of discharge,
( c ) requirements including, where appropriate, methods of treatment to ensure that water in an aquifer is not affected by a harmful substance in the manner set out in article 40 (2) (b) (viii), taking into account the nature and concentration of the substance in the effluent discharge, the characteristics of the aquifer and the proximity of other water catchment areas, in particular those used as sources of drinking water or thermal or mineral water,
( d ) the maximum quantity of a harmful substance in the effluent discharged during one or more specified periods of time and appropriate requirements as to the concentration of the substance,
( e ) arrangements for monitoring the effluent discharge, and
(f) arrangements, where appropriate, for monitoring the quality of water in the aquifer.
44. A licence shall be reviewed by the local authority at intervals of not more than four years.
45. A local authority shall carry out, or cause to be carried out, such monitoring as it considers necessary for the purpose of determining compliance with conditions attached to a licence and the effects of a discharge on water in an aquifer.
46. (1) A quality standard of 0 (zero) milligrams per litre is hereby prescribed for water in an aquifer in respect of a harmful substance specified in the First Schedule which might be caused or permitted to enter the water as a result of any disposal or tipping of the substance or any material containing the substance or any activities on or in the ground.
(2) A local authority shall take all steps as may be appropriate in discharge of their functions under the Principal Act to secure compliance with the quality standard prescribed in sub-article (1).
FIRST SCHEDULE
HARMFUL SUBSTANCES
Individual substances belonging to the following families and groups of substances:—
1. Organohalogen compounds and substances which may form such compounds in the aquatic environment.
2. Organophosphorus compounds.
3. Organotin compounds.
4. Substances which possess carcinogenic, mutagenic or teratogenic properties in or via the aquatic environment, including substances in the Second Schedule which possess such properties in or via the aquatic environment.
5. Mercury and its compounds.
6. Cadmium and its compounds.
7. Mineral oils and hydrocarbons.
8. Cyanides.
SECOND SCHEDULE
HARMFUL SUBSTANCES
Individual substances and categories of substances belonging to the following families and groups of substances:—
1. The following metalloids and metals and their compounds:
1. Zinc
11. Tin
2. Copper
12. Barium
3. Nickel
13. Peryllium
4. Chrome
14. Boron
5. Lead
15. Uranium
6. Selenium
16. Vanadium
7. Arsenic
17. Cobalt
8. Antimony
18. Thallium
9. Molybdenum
19. Tellurium
10. Titanium
20. Silver.
2. Biocides and their derivatives other than those in the First Schedule.
3. Substances which have a deleterious effect on the taste and/or odour of water and compounds liable to cause the formation of such substances in such water and to render it unfit for human consumption.
4. Toxic or persistent organic compounds of silicon and substances which may cause the formation of such compounds in water, excluding those which are biologically harmless or are rapidly converted in water into harmless substances.
5. Inorganic compounds of phosphorus and elemental phosphorus.
6. Fluorides.
7. Ammonia and nitrites.
DATED this 25th day of September, 1992.
MARY HARNEY,
Minister of State at the Department of
the Environment.
EXPLANATORY NOTE.
These Regulations provide for various procedural and other matters under the Water Pollution Acts in regard to licence applications and reviews and appeals to An Bord Pleanana in these respects. Time limits are provided for decisions on licence applications by local and sanitary authorities and time limits for determinations in the case of appeals received on or after 1 March, 1993 are also provided as an objective for An Bord Pleanala. The Regulations specify the fees payable in the case of applications, reviews and appeals (including oral hearings). Fees are also prescribed for copies of any entry in a register of licenses to be kept by local and sanitary authorities under the Acts.
Part VI of the Regulations makes further provision for the control of discharges of harmful substances to groundwaters in implementation of Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances.
The Regulations come into operation on 1st November, 1992.
S.I. No. 145/1994 –
Quality of Bathing Waters (Amendment) Regulations, 1994.
QUALITY OF BATHING WATERS (AMENDMENT) REGULATIONS, 1994.
In exercise of the powers conferred on the Minister for the Environment by section 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977 ) and by section 26 of that Act as amended by the Local Government (Water Pollution) (Amendment) Act, 1990 (No. 21 of 1990), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1993 ( S.I. No. 127 of 1993 ), I, JOHN BROWNE, Minister of State at the Department of the Environment, hereby make the following Regulations:—
1. These Regulations may be cited as the Quality of Bathing Waters (Amendment) Regulations, 1994.
2. The Quality of Bathing Waters Regulations, 1992 ( S.I. No. 155 of 1992 ) are hereby amended by the deletion of the First Schedule and the substitution therefor of the following:
FIRST SCHEDULE
Bathing Areas
Column 1
Column 2
Bathing Area
Responsible Local Authority
The bathing place at Ballyallia Lake, Ennis
The bathing place at Ballycuggeran, Killaloe
The beach at Bishopsquarter
Cappagh Pier and beach at Kilrush
The beach at Fanore
The beach at Kilkee
The beach at Lahinch
The bathing place at Mountshannon, Lough Derg
The beach at Spanish Point
White Strand, Doonbeg
White Strand, Miltown Malbay
Clare County Council
The beach at Barley Cove
The beach at Claycastle, Youghal
The beach at Coolmaine
The beach at Fountainstown
The beach at Garretstown
White Strand at Garrylucas
The beach at Garryvoe
The beach at Inchydoney
The beach at Owenahincha
The beach at Redbarn
The beach at Tragumna
The beach at The Warren
The main beach at Youghal
Cork County Council
The beach at Ballyhernan, Fanad
The beach at Bundoran
The beach at Culdaff
The beach at Downings
The beach at Drumnatinny
The beach at Fintra
The beach at Ladys Bay, Buncrana
The beach at Lisfannon
The beach at Marble Hill
The beach at Murvagh
The beach at Port Arthur Strand, Derrybeg
The beach at Portnablagh
The beach at Portnoo/Naran
The beach at Portsalon
The beach at Rathmullan
The beach at Rossnowlagh
Donegal County Council
The beach at Killiney
The beach at Seapoint
Dún Laoghaire-Rathdown
County Council
The beach at Donabate
The beach at Loughshinny
The beach at Malahide
The beach at Portmarnock
The beach at Portrane
The South beach at Rush
The beach at Skerries
Burrow Beach at Sutton
Fingal County Council
Tra an Doilin, Ceathru Rua
The beach at Clifden
The beach at Gortin, Cloch na Ron
The beach at Na Forbacha
The beach at Cill Muirbhthe, Inis Mor
The bathing place at Loughrea Lake
The bathing place at Portumna
The beach at An Cnoc, Spiddal
The beach at Spiddal Pier
The beach at An Spideal
The beach at Tra Chaladh bhFuinnse
The beach at Traught
Galway County Council
The beach at Ballinskelligs
White Strand at Ballybunion
The beach at Ballyheigue
Banna Strand
The beach at Derrynane
The beach at Inch
The beach at Kells Bay
The beach at Maharabeg, Castlegregory
White strand at Rossbeigh
The beach at Ventry
Kerry County Council
The bathing place at Keeldra Lake, Cloone
Leitrim County Council
The beach at Clogherhead
The Beach At Port, Lurganboy
The beach at Seapoint
The beach at Shelling Hill/Templetown
Louth County Council
The beach at Bertra
The beach at Carrawmore
The beach at Doogort
Golden Strand, Achill
The beach at Keel, Achill
The beach at Keem, Achill
Ross Strand, Killala
The beach at Old Head, Louisburgh
Silver Strand, Louisburgh
The beach at Mullaghroe, Elly Bay, Bellmullet
The beach at Mulranny
Mayo County Council
The Beach at Laytown/Bettystown
Meath County Council
The beach at Enniscrone
The beach at Mullaghmore
The beach at Rosses Point
The beach at Strandhill
Sligo County Council
The beach at Ardmore
The beach at Bonmahon
The beach at Clonea Dunmore Strand, Dunmore East Counsellors’ Strand, Dunmore East
The beach at Tramore
Waterford County Council
The bathing place
The Cut, Lough Lene
The bathing place at Lilliput, Lough Ennel
The bathing place Portnashangan, Lough Owel
Westmeath County Council
The North Beach at Ballymoney
The North beach at Courtown
The beach at Curracloe
The beach at Duncannon
The beach at Morriscastle
The beach at Rosslare Strand
Wexford County Council
The beach at Brittas Bay
The beach at Bray
The beach at Clogga
The South beach at Greystones
The beach at Silver Strand
Wicklow County Council
Dollymount Strand
The Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin
The beach at Salthill Silver Strand, Galway
The Mayor, Aldermen and Burgesses of the County Borough of Galway
DATED this 17th day of May, 1994.
JOHN BROWNE,
Minister of State at the Department of the
Environment.
EXPLANATORY NOTE.
These Regulations amend the Quality of Bathing Waters Regulations, 1992 which give effect to Council Directive No. 76/160/EEC of 8 December, 1975 (O.J. No. L31/1, 5 February, 1976) concerning the quality of bathing water. The effect of the amendment is to add 22 bathing areas to the 94 bathing areas listed in the First Schedule of the 1992 Regulations.
S.I. No. 245/1994 –
Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Edc, Tri, Per and Tcb Discharges) Regulations, 1994.
LOCAL GOVERNMENT (WATER POLLUTION) ACTS, 1977 AND 1990 (CONTROL OF EDC, TRI, PER AND TCB DISCHARGES) REGULATIONS, 1994.
In exercise of the powers conferred on the Minister for the Environment by section 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977) and by sections 6, 7, 17, 19 and 26, of that Act as amended respectively by sections 4, 5, 13, 14, 18 and 29, of the Local Government (Water Pollution) (Amendment) Act, 1990 (No. 21 of 1990), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1993 ( S.I. No. 127 of 1993 ), I, JOHN BROWNE, Minister of State at the Department of the Environment, hereby make the following Regulations:—
PART I Preliminary and General
1. These Regulations may be cited as the Local Government (Water Pollution) Acts, 1977 and 1990 (Control of EDC, TRI, PER and TCB Discharges) Regulations, 1994.
2. In these Regulations:—
any reference to a Schedule, paragraph or article is a reference to a Schedule, paragraph or article of these Regulations;
“EDC” means the substance 1, 2 — dichloroethane (C2H4C12);
“HCH” means the isomers 1, 2, 3, 4, 5, 6 — hexachlorocyclohexane;
“PER” means the substance perchloroethylene (C2 C14);
“TCB” means the sum of the three isomers
— 1, 2, 3— trichlorobenzene,
— 1, 2, 4— trichlorobenzene,
— 1, 3, 5— trichlorobenzene;
“TRI” means the substance trichloroethylene (C2HC13);
“the Act of 1990” means the Local Government (Water Pollution) (Amendment) Act, 1990 ;
“handling of substances” means any industrial process involving the production, processing or use of any of the following substances viz. EDC, TRI, PER and TCB, or any other industrial process in which the presence of any such substance is inherent;
“new plant” means any plant, works, apparatus or drainage pipe used in connection with the handling of substances which came into operation after the 31st day of July, 1991 or which had its capacity for the handling of substances substantially increased after that date;
“waters” has the meaning assigned to it by section 1 of the Principal Act, save that it does not include an aquifer.
PART II Licensing of Discharges to Waters or Sewers
3. In this Part—
“licence” means a licence under section 4 of the Principal Act or under section 16 of that Act as amended by section 12 of the Act of 1990;
“production capacity” means the capacity authorised by a licence or the highest annual quantity produced over the four years prior to the granting of a licence (including such a licence revised under section 7 or 17 of the Principal Act, as amended);
“processing capacity” means the capacity authorised by a licence or the highest annual quantity processed over the four years prior to the granting of a licence (including such a licence revised under Section 7 or 17 of the Principal Act, as amended);
“review” means a review under section 7 or under section 17 of the Principal Act as amended respectively by section 5 and section 13 of the Act of 1990.
4. (1) The quality standards set out in Columns 2 and 3 of the First Schedule are hereby prescribed and shall have effect as follows in relation to trade effluent arising from the handling of substances in the industrial processes of the types listed in Column 1 thereof:
(a) the standards set out at Column 2 shall have effect in all cases,
(b) without prejudice to the foregoing paragraph (a), the standards set out at Column 3 shall have effect by reference to the reference volume set out in that Column in relation to the type of industrial process concerned,
(c) purified EDC production capacity includes that fraction of the EDC which is not cracked in the vinyl chloride production unit associated with the EDC production unit and which is recycled to the EDC purification section of the plant,
(d) in the case of an industrial process of the type listed in paragraph 2 of Column 1 of the First Schedule, if the processing and utilisation capacity of EDC is greater than the purified EDC production capacity the quality standards for that process shall be applied in relation to the total processing and utilisation capacity and, if there are several such plants on the same site, the quality standards shall apply to such capacities of the plants taken together,
(e) in the case of plant, other than a new plant, in which is carried out an industrial process of the type listed in paragraph 4 of Column 1 of the First Schedule and which uses a process involving dehydrochlorination of tetrachloroethane, the production capacity shall be equivalent to the capacity of TRI and PER production, the ratio of TRI and PER production taken at one third.
(2) In the case of the handling of substances in industrial processes other than those of the types listed in Column 1 of the First Schedule, a standard which is not less stringent than the most nearly comparable quality standard set out in Columns 2 and 3 thereof shall have effect in relation to trade effluent arising from such processes.
5. The quality standards set out in Column 2 of the Second Schedule are hereby prescribed and shall have effect in relation to trade effluent arising from the use of the substances concerned in the industrial processes of the types listed in Column 1 thereof where annual discharges of any of the substances from such an industrial process exceeds 30 kilograms.
6. The quality standards prescribed in articles 4 and 5 apply at the point where the effluent leaves the industrial plant except where an industrial process involving agitation in the open air of effluents containing EDC, TRI or PER is used, in which case the quality standards shall have effect upstream of that process and all water likely to be polluted shall be taken into account in determining compliance.
7. Without prejudice to the provisions of article 4 and article 5, a local authority or sanitary authority shall ensure, in granting a licence for the discharge of trade effluent from a new plant, that the best technical means are used where necessary for the elimination of pollution.
8. A local authority or sanitary authority shall review a licence in respect of trade effluent referred to in article 4 and article 5 at least every four years.
9. A local authority or sanitary authority shall ensure as far as possible that the granting of a licence will not result in an increase in the pollution, by the substances in respect of which quality standards are prescribed in these Regulations, of other environmental media, in particular soil and air.
FIRST SCHEDULE
Quality Standards for EDC
Type of Industrial Process
Quality Standards, Units of Measurement and Reference Volumes
Column 1
Column 2
Column 3
1. Production of EDC without processing or use on the same site.
Average
discharge of EDC expressed as grams per tonne of purified EDC production capacity—
(a) monthly — 2.5 g/t
(b) daily — 5 g/t
Flow weighted
average concentration of EDC expressed as milligrams per litre of effluent discharged—
(a) monthly — 1.25 mg/1
(b) daily — 2,5 mg/1
Reference Volume:
2m3/tonne of purified EDC production capacity
2. Production of EDC with processing or use at the same site, except for the use of EDC in the production of ion exchangers.
Average
discharge of EDC expressed as grams per tonne of purified EDC production capacity—
(a) monthly — 5 g/t
(b) daily — 10 g/t
Flow weighted
average concentration of EDC expressed as milligrams per litre of effluent discharged—
(a) monthly — 2.5 mg/1
(b) daily — 5 mg/1
Reference Volume:
2.5m3/tonne of purified EDC production Capacity
3. Processing of EDC into substances other than vinyl chloride viz. ethylene diamine, ethylene polyamine, 1.1.1.— trichloroethane, trichloroethylene, and perchloroethylene.
Average
discharge of EDC expressed as grams per tonne of processing capacity—
(a) monthly — 2.5 g/t
(b) daily — 5 g/t
Flow weighted
average concentration of EDC expressed as milligrams per litre of effluent discharged—
(a) monthly — 1 mg/1
(b) daily — 2 mg/1
Reference Volume:
2.5m3/tonne of EDC processing capacity.
Quality Standards for TRI
Type of Industrial Process
Quality Standards, Units of Measurement and Reference Volumes
Column 1
Column 2
Column 3
4. Production of TRI and PER.
Average
discharge of TRI expressed as grams per tonne of production capacity of TRI and PER—
(a) monthly — 2.5 g/t
(b) daily —5 g/t
Flow weighted
average concentration of TRI expressed as milligrams per litre of effluent discharged—
(a) monthly — 0.5 mg/1
(b) daily — 1 mg/1 Reference Volume: 5m3/tonne of TRI and PER production capacity
Quality Standards for PER
5. Production of TRI and PER (TRI-PER processes).
Average
discharge of PER expressed as grams per tonne of production capacity of TRI and PER—
(a) monthly — 2.5 g/t
(b) daily — 5 g/t
Flow weighted
average concentration of PER expressed as milligrams per litre of effluent discharged—
(a) monthly — 0.5 mg/1
(b) daily — 1 mg/1
Reference Volume:
5m3/tonne of TRI and PER production capacity
6. Production of carbon tetrachloride (TETRA) and PER (TETRA-PER processes).
Average
discharge of PER expressed as grams per tonne of production capacity of TETRA and PER—
(a) monthly — 2.5 g/t
(b) daily — 5 g/t
Flow weighted
average concentration of PER expressed as milligrams per litre of effluent discharged—
(a) monthly — 1.25 mg/1
(b) daily — 2.5 mg/1
Reference Volume:
2m3/tonne of TETRA and PER production capacity
Quality Standards for TCB
Type of Industrial Process
Quality Standards, Units of Measurement and Reference Volumes
Column 1
Column 2
Column 3
7. Production of TCB by dehydrochlorination of HCH and/or processing of TCB
Average
discharge of TCB expressed as grams per tonne of production capacity of TCB—
(a) monthly — 10 g/t
(b) daily — 20 g/t
Flow weighted
average concentration of TCB expressed as milligrams per litre of effluent discharged—
(a) monthly — 1 mg/1
(b) daily — 2 mg/1
Reference Volume:
10m3/tonne of TCB produced or processed
8. Production and/or Processing of chlorobenzenes by chlorination of benzene
Average
discharge of TCB expressed as grams per tonne of production and/or processing capacity of monochlorobenzenes and dichlorobenzenes—
Plant (other than new plant discharging less than 50 kgs)
(a) monthly — 2.5 g/t
(b) daily — 5 g/t
Other Plant
(a) monthly — 0.5 g/t
(b) daily — 1 g/t
Flow weighted
average concentration of TCB expressed as milligrams per litre of effluent discharged—
Plant (other than new plant discharging less than 50 kgs)
(a) monthly — 0.25 mg/1
(b) daily — 0.5 mg/1
Other Plant
(a) monthly — 0.05 mg/1
(b) daily — 0.1 mg/1
Reference Volume:
10m3 tonne of monochlorobenzenes and dichlorobenzenes Produced or processed
SECOND SCHEDULE
Quality Standards for EDC, TRI and PER
Type of Industrial Process
Quality Standards and Units of Measurement
1. Use of EDC for degreasing metals at a location other than an industrial site for the production and processing or use of EDC
Flow weighted average concentration of EDC expressed as milligrams per litre of effluent discharged—
(a) monthly — 0.1 mg/1
(b) daily — 0.2 mg/1
2. Use of TRI for degreasing metals
Flow weighted average concentration of TRI expressed as milligrams per litre of effluent discharged—
(a) monthly — 0.1 mg/1
(b) daily — 0.2 mg/1
3. Use of PER degreasing metals
Flow weighted average concentration of PER expressed as milligrams per litre of effluent discharged—
(a) monthly — 0.1 mg/1
(b) daily — 0.2 mg/1
DATED this 2nd day of August, 1994.
JOHN BROWNE,
Minister of State at the Department
of the Environment.
EXPLANATORY NOTE.
These Regulations prescribe quality standards to be applied by local and sanitary authorities when licensing discharges of effluents containing EDC, TRI, PER and TCB to waters or to sewers under the provisions of the Local Government (Water Pollution) Act, 1977 as amended by the Local Government (Water Pollution) (Amendment) Act, 1990 . The Regulations give effect to Council Directive 90/415/EEC on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Council Directive 76/464/EEC.
S.I. No. 230/1996 –
Quality of Bathing Waters (Amendment) Regulations, 1996
QUALITY OF BATHING WATERS (AMENDMENT) REGULATIONS, 1996
The Minister for the Environment in exercise of the powers conferred on him by section 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977) and by section 26 of that Act as amended by the Local Government (Water Pollution) (Amendment) Act, 1990 (No. 21 of 1990), hereby makes the following Regulations:—
1. These Regulations may be cited as the Quality of Bathing Waters (Amendment) Regulations, 1996.
2. The Quality of Bathing Waters Regulations, 1992 ( S.I. No. 155 of 1992 ) are hereby amended —
(a) by the substitution for sub-article (9) of article 4 of the following sub-article:
“(9) Results of sampling carried out each year under this article and reports on compliance with the standards specified in the Second Schedule shall be supplied by the local authority to the Environmental Protection Agency not later than the 31st day of October in the year to which they relate in such manner as the Agency shall direct.”, and
(b) by the deletion of the First Schedule thereof (as substituted by the Quality of Bathing Waters (Amendment) Regulations, 1994 ( S.I. No. 145 of 1994 ) ) and the substitution therefor of the following Schedule:
SCHEDULE
BATHING AREAS
COLUMN 1
COLUMN 2
BATHING AREA
RESPONSIBLE LOCAL AUTHORITY
The bathing place at Ballyallia Lake, Ennis
Clare County Council
The bathing place at Ballycuggeran, Killaloe
The beach at Bishopsquarter
Cappagh Pier and beach at Kilrush
The beach at Fanore
The beach at Kilkee
The beach at Lahinch
The bathing place at Mountshannon, Lough Derg
The beach at Spanish Point
White Strand, Doonbeg
White Strand, Miltown Malbay
The beach at Barley Cove
Cork County Council
The beach at Claycastle, Youghal
The beach at Coolmaine
The beach at Fountainstown
The beach at Garretstown
White Strand at Garrylucas
The beach at Garryvoe
The beach at Inchydoney
The beach at Owenahincha
The beach at Redbarn
The beach at Tragumna
The beach at The Warren
The main beach at Youghal
The beach at Ballyhernan, Fanad
Donegal County Council
The beach at Bundoran
The beach at Culdaff
The beach at Downings
The beach at Drumnatinny
The beach at Fintra
The beach at Ladys Bay, Buncrana
The beach at Lisfannon
The beach at Marble Hill
The beach at Murvagh
The beach at Port Arthur Strand, Derrybeg
The beach at Portnablagh
The beach at Portnoo/Naran
The beach at Portsalon
The beach at Rathmullan
The beach at Rossnowlagh
The beach at KillineyThe beach at Seapoint
Dun Laoghaire-Rathdown County Council
The beach at Balbriggan
Fingal County Council
The beach at Donabate
The beach at Loughshinny
The beach at Malahide
The beach at Portmarnock
The beach at Portrane
The South beach at Rush
The beach at Skerries
Burrow Beach at Sutton
Trá an Dóilin, An Cheathrú Rúa
Galway County Council
The beach at Clifden
The beach at Gurteen, Roundstone
The beach at Na Forbacha
The beach at Cill Mhuirbhigh, Inishmore
The bathing place at Loughrea Lake
The bathing place at Portumna
An Trá Mór, Caol Rua formerly known as An Cnoc
Trá na mBan, An Spidéal
Pier Beach, An Spidéal
Trá Chaladh bhFuinnse
The beach at Traught, Kinvara
The beach at Ballinskelligs
Kerry County Council
White Strand at Ballybunion
The beach at Ballyheigue
Banna Strand
The beach at Castlegregory
The beach at Derrynane
The beach at Fenit
The beach at Inch
The beach at Kells Bay
The beach at Maharabeg, Castlegregory
White Strand at Rossbeigh
White Strand at Caherciveen
The beach at Ventry
The bathing place at Keeldra Lake, Cloone
Leitrim County Council
The beach at Clogherhead
Louth County Council
The beach at Port, Lurganboy
The beach at Seapoint
The beach at Shelling Hill/Templetown
The beach at Bertra
Mayo County Council
The beach at Carrawmore
The beach at Dooega, Achill
The beach at Doogort, Achill
Golden Strand, Achill
The beach at Keel, Achill
The beach at Keem, Achill
The beach at the Harbour, Clare Island
Ross Strand, Killala
The beach at Old Head, Louisburgh
Silver Strand, Louisburgh
The beach at Mullaghroe, Belmullet
The beach at Mulranny
The beach at Rinroe, Carratigue
The beach at Elly Bay, Belmullet
The beach at Laytown/Bettystown
Meath County Council
The beach at Enniscrone
Sligo County Council
The beach at Mullaghmore
The beach at Rosses Point
The beach at Strandhill
The beach at Ardmore
Waterford County Council
The beach at Bonmahon
The beach at Clonea
Dunmore Strand, Dunmore East
Counsellors’ Strand, Dunmore East
The beach at Tramore
The bathing place The Cut, Lough Lene
Westmeath County Council
The bathing place at Lilliput, Lough Ennel
The bathing place at Portnashangan, Lough Owel
COLUMN 1
COLUMN 2
BATHING AREA
RESPONSIBLE LOCAL AUTHORITY
The North beach at Ballymoney
Wexford County Council
The North beach at Courtown
The beach at Curracloe
The beach at Duncannon
The beach at Morriscastle
The beach at Rosslare Strand
The beach at Brittas Bay
Wicklow County Council
The beach at Bray
The beach at Clogga
The South beach at Greystones
The beach at Silver Strand
Dollymount Strand
The Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin
The beach at Salthill Silver Strand, Galway
The Mayor, Aldermen and Burgesses of the County Borough of Galway
GIVEN under the Official Seal
of the Minister for the Environment
this 31st day of July, 1996.
Brendan Howlin
_____________________
Minister for the Environment.
EXPLANATORY NOTE
These Regulations amend the Quality of Bathing Waters Regulations, 1992 which give effect to Council Directive No. 76/160/EEC of 8 December, 1975 (O.J. No. L31/1, 5 February, 1976) concerning the quality of bathing water. The effect of the amendments is to apply the water quality standards, sampling programmes and pollution prevention provisions of the 1992 Regulations to an additional 8 bathing areas, bringing the total number of bathing areas covered by the Regulations to 124. Local authorities will be required to submit results of their bathing water sampling programmes to the Environmental ‘Protection Agency instead of to the Minister, in such manner as directed by the Agency.
S.I. No. 177/1998 –
Quality of Bathing Waters (Amendment) Regulations, 1998.
QUALITY OF BATHING WATERS (AMENDMENT) REGULATIONS, 1998.
In exercise of the powers conferred on the Minister for the Environment and Local Government by section 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977) and by section 26 of that Act as amended by the Local Government (Water Pollution) (Amendment) Act, 1990 (No. 21 of 1990), which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), I, DAN WALLACE, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—
1. These Regulations may be cited as the Quality of Bathing Waters (Amendment) Regulations, 1998.
2. The Quality of Bathing Waters Regulations, 1992 ( S.I. No. 155 of 1992 ) are hereby amended by the deletion of the First Schedule thereof (as substituted by the Quality of Bathing Waters (Amendment) Regulations, 1996 ( S.I. No. 230 of 1996 )) and the substitution therefor of the following Schedule:
SCHEDULE
BATHING AREAS
Bathing Area
Responsible Local Authority
The bathing place at Ballyallia Lake, Ennis
Clare County Council
The bathing place at Ballycuggeran, Killaloe
The beach at Bishopsquarter
Cappagh Pier and beach at Kilrush
The beach at Fanore
The beach at Kilkee
The beach at Lahinch
The bathing place at Mountshannon, Lough Derg
The beach at Spanish Point
White Strand, Doonbeg
White Strand, Miltown Malbay
Bathing Area
Responsible Local Authority
The beach at Barley Cove
Cork County Council
The beach at Claycastle, Youghal
The beach at Coolmaine
The beach at Fountainstown
The beach at Garretstown
White Strand at Garrylucas
The beach at Garryvoe
The beach at Inchydoney
The beach at Owenahincha
The beach at Redbarn
The beach at Tragumma
The beach at the Warren
The main beach at Younghal
The beach at Ballyhernan, Fanad
Donegal County Council
The beach at Bundoran
The beach at Carrickfinn
The beach at Culdaff
The beach at Downings
The beach at Drumnatinny
The beach at Fintra
The beach at Killahoey
The beach at Ladys Bay, Buncrana
The beach at Lisfannon
The beach at Marbe Hill
The beach at Murvagh
The beach at Port Arthur Strand, Derrybeg
The beach at Portnablagh
The beach at Portnoo/Naran
The beach at Portsalon
The beach at Rathmullan
The beach at Rossnowlagh
The beach at Killiney
Dun Laoghaire-Rathdown County Council
The beach at Seapoint
The beach at Balbriggan
Fingal County Council
The beach at Donabate
The beach at Loughshinny
The beach at Malahide
The beach at Portmarnock
The beach at Portrane
The South beach at Rush
The beach at Skerries
Burrow Beach at Sutton
Trá an Dóilin, An Cheathrú Rúa
Galway County Council
The beach at Clifden
The beach at Guarteen, Roundstone
The beach at Na Forbacha
The beach at Cil Mhuirbhigh, Inishmore
The bathing place at Loughrea Lake
The bathing place at Portumna
An Trá Mór, Caol Rua formerly known as An Cnoc
Trá na mBan, An Spindéal
Pier Beach, An Spidéal
Trá Chaladh bhFuinnse
The beach at Traught, Kinvara
Bathing Area
Responsible Local Authority
The beach at Ballinskelligs
Kerry County Council
The North beach at Ballybunion
The South beach at Ballybunion
The beach at Ballyheigue
Banna Strand
The beach at Castlegregory
The beach at Derrynane
The beach at Fenit
The beach at Inch
The beach at Kells Bay
The beach at Maharabeg, Castlegregory
White Strand at Rossbeigh
White Strand at Caherciveen
The beach at Ventry
Irmy beach at Waterville
The bathing place at Keeldra Lake, Cloone
Leitrim County Council
The beach at Clogherhead
Louth County Council
The beach at Port, Lurganboy
The beach at Seapoint
The beach at Shelling Hill/Templetown
The beach at Bertra
Mayo County Council
The beach at Carrawmore
The beach at Dooega, Achill
The beach at Doogort, Achill
Golden Strand, Achill
The beach at Keel, Achill
The beach at Keem, Achill
The beach at the Harbour, Clare Island
Ross Strand, Killala
The beach at Old Head, Louisburgh
Silver Strand, Louisburgh
The beach at Mullaghroe, Belmullet
The beach at Mulranny
The beach at Rinroe, Carratigue
The beach at Elly Bay, Belmullet
The beach at Laytown/Bettystown
Meath County Council
The beach at Enniscrone
Sligo County Council
The beach at Mullaghmore
The beach at Rosses Point
The beach at Ardmore
Waterford County Council
The beach at Bonmahon
The beach at Clonea
Dunmore Strand, Dunmore East
Counsellor’s Strand, Dunmore East
The beach at Tramore
The bathing place The Cut, Lough Lene
Westmeath County Council
The bathing place at Liliput, Lough Ennel
The bathing place at Portnashangan, Lough Owel
The North beach at Ballymoney
Wexford County Council
The North beach at Courtown
The beach at Curracloe
The beach at Duncannon
The beach at Morriscastle
The beach at Rosslare Strand
Bathing Area
Responsible Local Authority
The North beach at Brittas Bay
Wicklow County Council
The South beach at Brittas Bay
The beach at Bray
The beach at Clogga
The south beach at Greystones
The beach at Silver Strand
Dollymount Strand
The Right Honourable the Lord Mayor, Alderman and Burgesses of Dublin
Merrion Strand
Sandymount Strand
The beach at Salthill
The Mayor, Alderman and Burgesses of the County Borough of Galway
Silver Strand, Galway
DATED this 4th day of June, 1998.
DAN WALLACE,
Minister of State at the Department of the Environment and Local Government.
EXPLANATORY NOTE.
These Regulations amend the Quality of Bathing Waters Regulations, 1992 which give effect to Council Directive No. 76/160/EEC of 8 December, 1975 (O.J. No. L31/1, 5 February, 1976) concerning the quality of bathing water. The effect of the amendments is to adjust the number of bathing areas to which the water quality standards, sampling programmes and pollution prevention provisions of the 1992 Regulations will apply, to a total of 130 bathing areas compared with 124 previously.
S.I. No. 257/1998 –
Local Government (Water Pollution) (Nutrient Management Planning Consultation) Regulations, 1998.
LOCAL GOVERNMENT (WATER POLLUTION) (NUTRIENT MANAGEMENT PLANNING CONSULTATION) REGULATIONS, 1998.
In exercise of the powers conferred on the Minister for the Environment and Local Government by section 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977) and section 21A of the Local Government (Water Pollution) (Amendment) Act, 1990 (No. 21 of 1990) as inserted by section 66 of the Waste Management Act, 1996 (No. 10 of 1996), which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), I, DAN WALLACE, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—
1. These Regulations may be cited as the Local Government (Water Pollution) (Nutrient Management Planning Consultation) Regulations, 1998.
2. The Environmental Protection Agency is hereby prescribed for the purposes of section 21A (3) of the Local Government (Water Pollution) (Amendment) Act, 1990 .
Dated this 24th day of July, 1998.
DAN WALLACE,
Minister of State at the Department of the Environment and Local Government.
EXPLANATORY NOTE.
These Regulations prescribe the Environmental Protection Agency for consultation purposes prior to a local authority serving a notice requiring the preparation of a nutrient management plan under section 21A of the Local Government (Water Pollution) (Amendment) Act, 1990 as inserted by section 66 of the Waste Management Act, 1996 .
S.I. No. 22/2001 –
Quality of Bathing Waters (Amendment) Regulations, 2001
In exercise of the powers conferred on the Minister for the Environment and Local Government by section 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977) and by section 26 of that Act as amended by the Local Government (Water Pollution)(Amendment) Act, 1990 (No. 21 of 1990), which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions)(No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), I, Dan Wallace, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:-
1. These Regulations may be cited as the Quality of Bathing Waters (Amendment) Regulations, 2001.
2. The Quality of Bathing Waters Regulations, 1992 ( S.I. No. 155 of 1992 ) are hereby amended by —
(a) the substitution of “the Environmental Protection Agency” for “the Minister” in sub-articles (2), (3) and (4) of article 5, and
(b) the insertion into column 1 of the First Schedule (as substituted by the Quality of Bathing Waters (Amendment) Regulations, 1998 ( S.I. No. 177 of 1998 )) of “The beach at Stroove” opposite the reference to Donegal County Council in column 2.
Dated this 6th day of February 2001
DAN WALLACE
Minister of State at the Department of the Environment and Local Government
Explanatory Note
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations designate the beach at Stroove, County Donegal, as a bathing area for the purposes of the Quality of Bathing Waters Regulations, 1992. They also assign to the Environmental Protection Agency the function of granting departures under article 5 of the 1992 Regulations
S.I. No. 293/1988 –
European Communities (Quality of Salmonid Waters) Regulations, 1988.
EUROPEAN COMMUNITIES (QUALITY OF fWATERS) REGULATIONS, 1988.
The Minister for the Environment in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 18th July, 1978 (No. 78/659/EEC)* hereby makes the following Regulations:
*O.J. No. L222/1, 14 August, 1978.
1 Citation
1. These Regulations may be cited as the European Communities (Quality of Salmonid Waters) Regulations, 1988.
2 Interpretation
2. In these Regulations:—
any reference to a Schedule or article which is not otherwise identified is a reference to a Schedule or article of these Regulations;
any reference to a sub-article or paragraph which is not otherwise identified is a reference to a sub-article or paragraph of the provision in which the reference occurs;
“local authority” means the council of a county or the corporation of a county borough in whose functional area salmonid waters are located;
“the Minister” means the Minister for the Environment;
“salmonid waters” means the waters specified in the First Schedule;
“sampling” includes visual inspection, measurement, monitoring, tasting and analysis.
3 Salmonid Waters and Quality Standards
3. (1) The fresh waters specified in the First Schedule, being waters capable of supporting salmon (Salmo salar), trout (Salmo trutta), char (Salvelinus) and whitefish (Coregonus), are hereby designated as salmonid waters for the purposes of these Regulations.
(2) Salmonid waters shall meet the quality standards specified in the Second Schedule on the basis of and subject to the conditions so specified.
(3) Deviations from the standards referred to in sub-article (2) shall not be taken into consideration in determining conformity with these Regulations where the deviations are the result of floods or other natural disasters.
4 Sampling of Salmonid Waters
4. (1) A local authority shall, in accordance with this article, carry out, or cause to be carried out, sampling of salmonid waters in its functional area in respect of the parameters specified in the Second Schedule.
(2) Sampling locations and the depth at which samples are to be taken shall be determined by the local authority on the basis of local environmental conditions.
(3) (a) Subject to paragraph (b), sampling shall be carried out in the manner specified in Column 2 of the Third Schedule and at a frequency not less than the frequency so specified.
(b) Where sampling undertaken during the preceeding two years in relation to any of the parameters referred to in sub-article (1) has produced results which are appreciably better than the standard specified in Column 3 of the Second Schedule, sampling in relation to the parameter concerned may be—
(i) reduced to a frequency determined by the local authority and approved by the Minister, or
(ii) discontinued, with the approval of the Minister, where there is no risk of deterioration in the quality of the water.
(4) (a) As far as practicable, a local authority shall use the methods of analysis and inspection specified in Column 3 of the Third Schedule.
(b) Where other methods of analysis are used, a local authority shall ensure that the results obtained are equivalent to, or comparable with, results obtained by the methods specified in Column 3 of the Third Schedule.
(5) The Minister may from time to time issue recommendations to local authorities in relation to the performance of their functions under this article and local authorities shall have regard to any such recommendations.
(6) Results of sampling carried out under this article and reports on compliance with the standards specified in the Second Schedule shall be given to the Minister at two yearly intervals as soon as may be after the completion of sampling for the years concerned, or at such other intervals as may be determined by the Minister.
5 Duty of local authority to ensure compliance with standards
5. (1) Where salmonid waters do not comply with the standards referred to in article 3 (2), the local authority shall establish the reason for the non-compliance and, unless a departure has been granted under sub-article (2), adopt an action programme, comprising appropriate measures, to reduce pollution and to ensure that the standards are complied with.
(2) A departure from the standards referred to in article 3 (2) may be granted to a local authority by the Minister—
(a) in the case of the parameters temperature, pH and suspended solids — where exceptional weather or geographical conditions have arisen;
(b) where deviations from the standards have arisen because the waters concerned have undergone natural enrichment from the soil, without human intervention.
(3) An application for a departure under this article shall contain such information as may be specified by the Minister.
(4) The granting of a departure shall be subject to such conditions, if any, as the Minister may specify and shall have effect for such period as may be specified by the Minister.
6 Results of sampling
6. (1) Each local authority shall establish and maintain a register of the results of sampling carried out under article 4.
(2) The register shall be kept at the offices of the local authority and shall be made available for inspection by any person during office hours.
FIRST SCHEDULE
Salmonid Waters
Column 1
Column 2
Salmonid Water
Extent
River Aherlow
Main channel
River Argideen
Main channel
River Blackwater (Munster)
Main channel
River Boyne
Main channel
River Bride
Main channel
River Brown Flesk
Main channel
River Corrib, including
Main channel and lake
Lough Corrib
River Dargle
Main channel
River Feale
Main channel
River Fergus
Main channel
River Finn
Main channel
River Glashagh
Main channel
River Lee
Main channel from source to Cork City waterworks at Lee Road
River Leannan
Main channel
River Lurgy
Main channel
River Maggisburn
Main channel
River Maine
Main channel downstream of confluence with the River Brown Flesk
River Moy
Main channel
The following tributaries of the River Moy:— Owengarve, Mullaghanoe, Spaddagh, Trimoge, Glore, Yellow, Gwesstion, Manulla, Castlebar, Deel and Corry.
River Nore
Main channel
River Slaney
Main channel
River Swilly
Main channel
River Vartry
Main channel
SECOND SCHEDULE
Salmonid Water Quality Standards
Column 1
Column 2
Column 3
Parameter
Unit of Measurement
Standard
Temperature
°C
Temperature measured downstream of a point of thermal discharge (at the edge of the mixing zone as determined by the local authority) must not—
(a) exceed the unaffected temperature by more than 1.5°C,
(b) exceed—
(i) 21.5°C, or
(ii) 10°C, during the period from 1 November to 30 April where species which need cold water for reproduction are present.
A thermal discharge must not cause sudden variations in temperature.
(Temperature limits to be conformed with for 98% of the time).
Dissolved Oxygen
mg/litre O2
50% ≥ 9
When the oxygen content falls below 6 mg/litre the local authority must prove that there will be no harmful consequence for the balanced development of the fish population.
pH
≥ 6 ≤ 9
Artificial pH variations with respect to the unaffected values shall not exceed ± 0.5 of a pH unit within the limits 6 and 9 provided that these variations do not increase the harmfulness of other substances present in the water.
(Standard to be conformed with by 95% of samples over a period of 12 months where sampling is carried out at least once per month; where sampling is less frequent the standard shall be conformed with by all samples).
Suspended Solids
mg/litre
≤ 25
The standard is expressed as an average concentration over a period of 12 months and does not apply to suspended solids with harmful chemical properties.
BOD5
mg/litre O2
≤ 5
Where weed or sewage fungus growths are excessive appropriate measures for control should be taken.
(Standard to be conformed with by 95% of samples over a period of 12 months where sampling is carried out at least once per month; where sampling is less frequent the standard shall be conformed with by all samples).
Nitrites
mg/litre NO2
≤ 0.05
(To be conformed with by 95% of samples over a period of 12 months where sampling is carried out at least once per month; where sampling is less frequent the standard shall be conformed with by all samples).
Phenolic Compounds
Phenolic compounds must not be present in such quantities that they adversely affect fish favour.
Petroleum Hydrocarbons
Petroleum products must not be present in such quantities that they:
— form visible film face on the surface of the water or form coatings on the beds of water-courses and lakes
— impart a detectable “hydrocarbon” taste to fish
— produce harmful effects in fish.
Non-ionized Ammonia
mg/litre NH3
≤ 0.02
(Standard may be exceeded in the form of minor peaks in daytime and, subject to this, be conformed with by 95% of samples over a period of 12 months where sampling is carried out at least once per month; where sampling is less frequent the standard shall be conformed with by all samples).
Total Ammonium
mg/litre NH4
≤ 1
subject to conforming with the standard for non-ionized ammonia.
(Standard to be conformed with by 95% of samples over a period of 12 months where sampling is carried out at least once per month; where sampling is less frequent the standard shall be conformed with by all samples).
Total Residual Chlorine
mg/litre HOC1
≤ 0.005
(Standard to be conformed with by 95% of samples over a period of 12 months where sampling is carried out at least once per month; where sampling is less frequent the standard shall be conformed with by all samples).
Total Zinc
mg/litre Zn
Water Hardness (mg/litre Ca CO3)
Standard
10
≤ 0.03
50
≤ 0.2
100
≤ 0.3
500
≤ 0.5
(Standard to be conformed with by 95% of samples over a period of 12 months where sampling is carried out at least once per month; where sampling is less frequent the standard shall be conformed with by all samples).
Dissolved Copper
mg/litre Cu
Water Hardness (mg/litre Ca CO3)
Standard
10
≤ 0.005
50
≤ 0.022
100
≤ 0.04
300
≤ 0.112
(Standard to be conformed with by 95% of samples over a period of 12 months where sampling is carried out at least once per month; where sampling is less frequent the standard shall be conformed with by all samples).
THIRD SCHEDULE
Frequency of Sampling and Methods of Analysis and Inspection
Column 1
Column 2
Column 3
Parameter
Frequency and Manner of Sampling
Method of Analysis or Inspection
Temperature
Weekly, both upstream and downstream of the point of thermal discharge.
Thermometry.
Dissolved Oxygen
Monthly, minimum one sample representative of low oxygen conditions of the day of sampling.
Winkler’s method or specific electrodes (electro-chemical method).
However, where major daily variations are suspected, a minimum of two samples in one day shall be taken.
pH
Monthly
Electrometry calibration by means of two solutions with known pH values, preferably on either side of, and close to the pH being measured.
Suspended Solids
Monthly
Filtration through a 0.45 µm filtering membrane, or centrifugation (five minutes minimum, average acceleration of 2800 to 3200g) drying at 105° C and weighing.
BOD5
Monthly
Determination of O2 by the Winkler method before and after five days incubation in complete darkness at 20 ± 1°C (nitrification should not be inhibited).
Nitrites
Monthly
Molecular absorption spectrophotometry.
Phenolic Compounds
Monthly where the presence of phenolic compounds is presumed.
By tasting fish.
Petroleum Hydrocarbons
Monthly
Visual, supplemented by tasting fish where the presence of hydrocarbons is presumed.
Non-ionized Ammonia and Total Ammonium
Monthly
Molecular absorption spectrophotomery using indophenol blue or Nessler’s method associated with pH and temperature determination.
Total Residual Chlorine
Monthly
DPD-method (diethyl-p-phenylenediamene).
Total Zinc
Monthly
Atomic absorption spectrometry.
Dissolved Copper
Monthly
Atomic absorption spectrometry.
GIVEN under the Official Seal of the Minister for the Environment this 18th day of November, 1988.
P ?DRAIG FLYNN,
Minister for the Environment.
EXPLANATORY NOTE.
These Regulations prescribe quality standards for salmonid waters and designate the waters to which they apply, together with the sampling programmes and the methods of analysis and inspection to be used by local authorities to determine compliance with the standards. The Regulations give effect to Council Directive No. 78/659/EEC of 18 July 1978, (O.J. No. L222/1, 14 August 1978) on the quality of fresh waters needing protection or improvement in order to support fish life.
S.I. No. 31/1990 –
European Communities (Control of Water Pollution by Asbestos) Regulations, 1990.
EUROPEAN COMMUNITIES(CONTROL OF WATER POLLUTION BY ASBESTOS) REGULATIONS, 1990.
In exercise of the powers conferred on the Minister for the Environment by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to the Council Directive of the 19th day of March, 1987, No. 87/217/EEC* which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1989 ( S.I. No. 270 of 1989 ), I, MARY HARNEY, Minister of State at the Department of the Environment, hereby make the following Regulations:—
*O.J. No. L85/40, 28 March, 1987.
PART I PRELIMINARY AND GENERAL
1. (1) These Regulations may be cited as the European Communities (Control of Water Pollution by Asbestos) Regulations, 1990.
(2) These Regulations shall come into operation on the 1st day of March, 1990.
2. In these Regulations:—
any reference to an article which is not otherwise identified is a reference to an article of these Regulations;
any reference to a sub-article or paragraph which is not otherwise identified is a reference to a sub-article or paragraph of the provision in which the reference occurs;
any reference to a section is a reference to a section of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977);
“asbestos” means the following fibrous silicates:
—crocidolite (blue asbestos),
—actinolite,
—anthophyllite,
—chrysotile (white asbestos),
—amosite (brown asbestos),
—tremolite;
“existing plant” means industrial plant built or authorised before the 31st day of December, 1988;
“local authority” and “sanitary authority” have the meanings respectively assigned to them by section 1;
“raw asbestos” means the product resulting from the crushing of asbestos ore;
“waters” has the meaning assigned to it in section 1.
3. (1) A reference in these Regulations to the use of the best available technology shall be construed as meaning the provision and proper maintenance, use, operation and supervision of facilities which, having regard to all the circumstances, are the most suitable for the prevention, limitation or treatment of effluent discharges containing asbestos or, where appropriate, the recycling of effluent containing asbestos.
(2) In considering whether facilities are the most suitable for the prevention, limitation or treatment of a discharge or the recycling of effluent, regard shall be had—
( a ) in the case of industrial plant, other than existing plant, to—
(i) the current state of technical knowledge, and
(ii) the requirements of the environment, and
(iii) the costs which would be incurred in providing, maintaining, using, operating and supervising the facilities concerned, and
( b ) in the case of existing plant, in addition to the matters specified in paragraph (a) (i), (ii) and (iii), to—
(i) the nature, extent and effect of the effluent discharge concerned, and
(ii) the age of the plant, the nature of the facilities installed therein and the period during which the plant is likely to be used or to continue in operation, and
(iii) the costs which would be incurred in renovating the plant or of renovating or replacing the facilities therein, in relation to the economic situation of undertakings or enterprises of the class concerned.
4. These Regulations apply to—
( a ) industrial plant handling more than 100 kilograms of raw asbestos per year and which are concerned with:
(i) the production of raw asbestos ore excluding any process directly associated with the mining of the ore, or
(ii) the manufacturing and industrial finishing of the following products using raw asbestos: asbestos cement or asbestos cement products, asbestos friction products, asbestos filters, asbestos textiles, asbestos paper and card, asbestos jointing, packaging and reinforcement materials, asbestos floor coverings, asbestos fillers, and
( b ) activities other than those in paragraph (a) which are liable to cause asbestos to enter waters.
PART II PREVENTION AND REDUCTION OF WATER POLLUTION BY ASBESTOS.
5. In this Part—
“licence” means a licence under section 4 or 16 and includes, where the context permits, such a licence revised under section 7 or 17;
“review” means review under section 7 or 17.
6. (1) Subject to sub-articles (2) and (3) a local authority or, as the case may be, a sanitary authority shall, in the exercise of their functions under the Local Government (Water Pollution) Act, 1977 , ensure that industrial plant to which article 4 (a) applies use the best available technology.
(2) In the case of industrial plant manufacturing asbestos cement—
( a ) all aqueous effluent shall be recycled where the local authority or the sanitary authority concerned is satisfied that it is economically feasible to do so,
( b ) in all other cases the local authority or sanitary authority shall ensure that conditions are attached to the licence specifying—
(i) a limit value not exceeding 30 grams of total suspended matter per m3 of aqueous effluent discharged, and
(ii) the volume of effluent discharges or the total quantity of suspended matter discharged per tonne of product.
(3) In the case of industrial plant manufacturing asbestos paper or board, all aqueous effluent shall be recycled, unless the effluent is produced during routine cleaning or maintenance of the plant, in which case the local authority or sanitary authority concerned may grant a licence for the discharge specifying a limit not exceeding 30 grams of suspended matter per m3 of water.
7. The provisions of sub-articles (2) and (3) of article 6 shall apply to existing plant with effect from the 30th day of June, 1991.
8. Activities to which article 4 (b) applies shall, as far as is reasonably practicable, be carried out in such a manner as not to cause or permit asbestos to enter waters.
9. Local authorities and sanitary authorities shall review licences granted in respect of effluent discharges from industrial plant and activities referred to in article 4 so as to ensure that the provisions of aricle 6, or article 8, as appropriate, are complied with.
PART III MONITORING AND ANALYSIS OF EFFLUENT DISCHARGES.
10. (1) The local authority or the sanitary authority concerned shall carry out, or arrange for, monitoring at regular intervals of effluent discharges from industrial plant manufacturing asbestos cement or asbestos paper or board to which sub-article (2) (b) or (3) of article 6 applies.
(2) For the purposes of sub-article (1):
( a ) Samples shall be taken in such a way as to be representative of the effluent discharge over a 24-hour period.
( b ) The reference method of analysis to determine total suspended matter (filterable matter from the non-precipitated sample) as expressed in mg/1 shall be filtering through a 0.45 um filter membrane, drying at 105°c and weighing. The determination shall be conducted to a precision of ± 5% and an accuracy of ± 10%.
( c ) Other methods of analysis may be used where the local authority or sanitary authority is satisfied that the results are equivalent to results obtained by the methods specified in paragraph (b).
Dated this 8th day of February, 1990.
MARY HARNEY,
Minister of State at the Department
of the Environment.
EXPLANATORY NOTE.
These Regulations give effect to the water pollution control provisions of Council Directive No. 87/217/EEC of 19 March 1987, (O.J. No. L85/40, 28 March 1987) on the prevention and reduction of environmental pollution by asbestos. The Regulations impose a general obligation to prevent the entry of asbestos to waters and specify the measures to be applied to certain industrial plant using asbestos. They also provide for the monitoring of effluent discharges from industrial plant.
Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Cookies Settings
S.I. No. 154/1992 –
European Communities (Quality of Bathing Water) (Revocation) Regulations, 1992.
EUROPEAN COMMUNITIES (QUALITY OF BATHING WATER) (REVOCATION) REGULATIONS, 1992.
In exercise of the powers conferred on the Minister for the Environment by section 3 of the European Communities Act, 1972 (No. 27 of 1972), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1992 ( S.I. No. 136 of 1992 ), I, Mary Harney, Minister of State at the Department of the Environment, hereby make the following Regulations:
1 Citation
1. These Regulations may be cited as the European Communities (Quality of Bathing Water) (Revocation) Regulations, 1992.
2 Revocations
2. The European Communities (Quality of Bathing Water) Regulations, 1988 ( S.I. No. 84 of 1988 ) and the European Communities (Quality of Bathing Water) (Amendment) Regulations, 1989 ( S.I. No. 99 of 1989 ) are hereby revoked.
DATED this 22nd day of June, 1992.
MARY HARNEY,
Minister of State at the Department
of the Environment.
EXPLANATORY NOTE.
These Regulations revoke the European Communities (Quality of Bathing Water) Regulations, 1988 and the European Communities (Quality of Bathing Water) (Amendment) Regulations, 1989, which gave effect to Council Directive No. 76/160/EEC of 8th December, 1975 (O.J. No. L31/1, 5 February, 1976) concerning the quality of bathing water and which have been replaced by the Quality of Bathing Waters Regulations, 1992.
S.I. No. 350/1999 –
European Communities (Quality of Water Intended For Human Consumption) (Amendment) Regulations, 1999.
In exercise of the powers conferred on the Minister for the Environment and Local Government by section 3 of the European Communities Act, 1972 , (No. 27 of 1972), which said powers were delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), and for the purpose of giving effect to provisions of the Council Directive of 15 July 1980 (No. 80/778/EEC)(1) , I, DAN WALLACE, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—
1. These Regulations may be cited as the European Communities (Quality of Water Intended for Human Consumption) (Amendment) Regulations, 1999.
2. The (Quality of Water Intended for Human Consumption) Regulations, 1988 ( S.I. No. 81 of 1988 ) are hereby amended by the deletion of article 8 thereof and the substitution therefor of the following:
“8. (1) Where it is found, as a result of monitoring carried out under article 7, that the quality of water intended for human consumption does not meet the requirements of these Regulations, the sanitary authority shall:-
(a) take all reasonable steps to warn users of the water supply where there is an unacceptable risk to public health,
(b) in the case of a public water supply, prepare an action programme for the improvement of the quality of the water as soon as practicable,
(c) in the case of a private water supply serving 50 persons or more, serve a notice on the person or persons responsible for the supply requiring such person or persons, to prepare, in consultation with the sanitary authority, an action programme for the improvement of the quality of the water as soon as practicable,
(d) in the case of a private water supply serving fewer than 50 persons, notify the person or persons responsible for the supply as soon as practicable of the measures which should be taken for the improvement of the quality of the water.
(2) An action programme under sub-article (1) shall have regard to the provisions of any strategic rural water plan for the area in which the water supply is situate.”.
Dated the 3rd day of November, 1999.
DAN WALLACE,
Minister of State at the Department of the Environment and Local Government.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988. They provide for remedial measures to be taken in relation to certain private drinking water schemes which are deficient in quality. These Regulations give further effect to Council Directive 80/778/EEC relating to the quality of water intended for human consumption.
(1) OJ No. L 229, 30.8.1980, p.1
Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Cookie List
S.I. No. 177/2000 –
European Communities (Quality of Water Intended For Human Consumption) (Amendment) Regulations, 2000.
In exercise of the powers conferred on the Minister for the Environment and Local Government by section 3 of the European Communities Act, 1972 (No. 27 of 1972), which said powers were delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), and for the purpose of giving further effect to provisions of the Council Directive of 15 July, 1980 (No. 80/778/EEC),(1) I, DAN WALLACE, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—
1. These Regulations may be cited as the European Communities (Quality of Water Intended for Human Consumption) (Amendment) Regulations, 2000.
2. The European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988 ( S.I. No. 81 of 1988 ) are hereby amended by the deletion of article 8 thereof and the substitution therefor of the following:
“8. (1) Where it is found, as a result of monitoring carried out under article 7, that the quality of water intended for human consumption does not meet the requirements of these Regulations, the sanitary authority shall:—
(a) take all reasonable steps to warn users of the water supply where there is an unacceptable risk to public health,
(b) in the case of a public water supply, prepare an action programme for the improvement of the quality of the water as soon as practicable,
(c) in the case of a private water supply serving 50 persons or more serve, within 14 days of receipt by the sanitary authority of the monitoring results, a notice in writing on the person or, where there is more than one such person, each person responsible for that supply requiring that person, or persons as the case may be, to prepare and implement an action programme, including such interim measures as may be appropriate, for the improvement of the quality of the water so as to secure compliance with these Regulations as soon as practicable and not later than—
(i) 31 December 2003 in relation to the water quality standards specified in Part 1 of the Schedule in relation to matters which present a risk to public health, and
(ii) 31 December 2006 in relation to all the water quality standards specified in Part 1 of the Schedule,
(d) in the case of a private water supply serving fewer than 50 persons serve, as soon as practicable, a notice on the person responsible for the supply of the measures which should be taken for the improvement of the quality of the water.
(2) An action programme under sub-article (1)(b) shall include such interim measures as may be appropriate and shall be implemented by the sanitary authority so as to secure compliance with these Regulations.
(3) An action programme under sub-article (1)(c) shall have regard to the provisions of any strategic rural water plan for the area in which the water supply is situate.”.
Dated this 20th day of June, 2000.
DAN WALLACE,
Minister of State at the Department of the Environment and Local Government.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988. They provide for remedial measures to be taken in relation to drinking water supplies which are deficient in quality. These Regulations give further effect to Council Directive 80/778/EEC relating to the quality of water intended for human consumption.
S.I. No. 787/2005 –
European Communities (Waste Water Treatment) (Prevention of Odours and Noise) Regulations 2005
EUROPEAN COMMUNITIES (WASTE WATER TREATMENT) (PREVENTION OF ODOURS AND NOISE) REGULATIONS 2005
The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving further effect to the Council Directive of 15 July 1975 (No. 75/442/EEC)1 as amended by Council Directive of 18 March 1991 (No. 91/156/EEC)2 , and in particular of ensuring that there is other legislation covering waste waters for the purpose of Article 2(1)(b)(iv) of the said Directive, hereby makes the following Regulations:
1. These Regulations may be cited as the European Communities (Waste Water Treatment) (Prevention of Odours and Noise) Regulations 2005.
2. In these Regulations –
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“appeal” has the meaning assigned to it in the Act of 2000;
“Board” means An Bord Pleanála;
“Directive” means Council Directive 75/442/EEC as amended by Council Directive of 18 March 1991 (No 91/156/EEC);
“sanitary authority” means a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts 1878 to 2001;
“waste water treatment plant” means a waste water treatment plant provided and operated by or on behalf of a sanitary authority in accordance with the Urban Waste Water Treatment Regulations, 2001 ( S.I. No. 254 of 2001 ) or otherwise and includes related pipes and accessories.
3. A sanitary authority shall ensure that-
(a) in formulating and approving plans for a waste water treatment plant to be provided by the authority or on its behalf the plant is so designed and constructed as to ensure that it avoids causing nuisance through odours or noise,
(b) any waste water treatment plant under the sanitary authority’s control is so operated and maintained as to ensure that it avoids causing nuisance through odours or noise.
4. For the purpose of Article 3(b) of these Regulations, the Agency shall be required to ensure compliance of waste water treatment plants with the requirements of the said Article 3(b), and the provisions of section 63 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) shall apply accordingly.
5. A planning authority shall, where granting permission for a development in accordance with section 34 of the Act of 2000 consisting of the provision of a waste water treatment plant, attach such conditions to the permission as may be in the opinion of the authority and having regard to the function of the Agency under Article 4 of these Regulations, necessary to ensure that the plant is so operated and maintained as to ensure that it avoids causing nuisance through odours or noise.
6. In considering an appeal, or an application under section 175(3) of the Act of 2000 for approval for a proposed development consisting of the provision of a waste water treatment plant by or on behalf of a sanitary authority, the Board shall have regard to the requirements of Article 3 of these Regulations and, in granting any permission for development or approving any application for approval and having regard to the function of the Agency under Article 4 of these Regulations, shall include such conditions as may be necessary in its opinion to ensure that the plant is so operated and maintained as to avoid causing nuisance through odours or noise.
7. Where a sanitary authority which is also the planning authority is required to comply with the requirements of section 179 of the Act of 2000 in respect of a proposed development consisting of the provision by or on behalf of the authority of a waste water treatment plant, the authority shall have regard to the requirements of Article 3 of these Regulations and shall, where appropriate, vary or modify the proposed development in such ways as may be necessary to meet the requirements of the said Article 3.
8. Not later than the 28th day of February after the end of each year, a sanitary authority shall provide to the Agency, in a format to be specified by the Agency a report in respect of that year indicating all necessary steps taken during the year to which the report relates to comply with Article 3(b) of these Regulations and shall include in the report details of any incidents arising from odours or noise in respect of any waste water treatment plant provided by it or on its behalf during that year.
9. A sanitary authority shall, in operating and maintaining a waste water treatment plant, satisfy the requirements set out in the Schedule to these Regulations.
SCHEDULE
Operation of Waste Water Treatment Plants to avoid causing nuisance through noise or odours
1. A sanitary authority shall maintain a record of all mandatory environmental standards, including those relating to odours and noise, that apply to each waste water treatment plant provided for under any enactment, permission or order.
2. A sanitary authority or its agent shall record all environmental complaints related to the operation of waste water treatment plants.
3. Records shall include:
– the complainant’s name and address,
– the date of the complaint,
– the reported date, time, nature and duration of the incident to which the complaint refers,
– the date of acknowledgement by the authority to the complainant and author,
– the action taken on foot of the complaint and the results of any such action,
– the cause of the complaint as determined,
– details of any response made to the complainant.
4. On request from the Agency, a sanitary authority shall forward copies of all complaint records to the Agency, in a format specified by the Agency, for any specific plant over any specified period.
Given under the Official Seal of the Minister for the Environment, Heritage and Local Government Heritage and Local Government, this 7th day of December, 2005.
L.S.
DICK ROCHE
_____________________________________
Minister for the Environment, Heritage and Local Government
Explanatory Note
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations require that waste water treatment plants are so designed, constructed, operated and maintained as to avoid causing nuisance through odours or noise and that the operators of such plants maintain records in this regard and provide a report each year to the Environmental Protection Agency indicating all necessary steps have been taken to comply with these Regulations during the year to which the report relates and detailing any incidents arising from odours or noise in respect of any waste water treatment plant provided by it or on its behalf.
1 O.J. No. L 194/25.07.1975
2 O.J. No.L 078/26.03.1991
S.I. No. 259/2003 –
European Communities (Quality of Water Intended For Human Consumption) (Amendment) Regulations, 2003
The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by Section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving further effect to the Council Directive 80/778/EEC of 15 July, 19801 , Council Directive 98/83/EC of 3 November, 19982 and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20003 hereby makes the following Regulations:
1. These Regulations may be cited as the European Communities (Quality of Water Intended for Human Consumption) (Amendment) Regulations, 2003
2. These Regulations shall come into operation on 1 August, 2003.
3. The European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988 ( S.I. No. 81 of 1988 ) are hereby amended by
(a) the insertion of the following definition after the definition of “premises” in article 2 of the Regulations:
“ “private water supply” means a water supply intended for human consumption which is not in the charge or ownership of a sanitary authority or any person acting on its behalf;”;
(b) the deletion of article 4 thereof and the substitution therefor of the following article:
“4. (1) It shall be the duty of a sanitary authority to take the necessary measures to ensure that:
(a) water intended for human consumption meets the requirements of these Regulations, except where a departure is granted under article 5, and
with Article 4, the quality of water intended for human consumption does not meet the parametric values specified in Part 1 of the Schedule, the sanitary authority shall, subject to any departures in force under article 5:
(a) ensure, subject to article 4, that the necessary remedial action is taken as soon as possible to restore the quality of the water and give priority to its enforcement action having particular regard to the extent to which the relevant parametric value has been exceeded and to the potential danger to human health,
(b) in the case of a public water supply, prepare an action programme within 60 days of receipt by the sanitary authority of the monitoring results and implement such action programme for the improvement of the quality of the water so as to secure compliance with these Regulations as soon as possible and not later than
(i) 12 months from the date of finalisation of an action programme in relation to the water quality standards specified in Part 1 of the Schedule in relation to matters which present a risk to public health, and
(ii) 30 months from the date of finalisation of an action programme in relation to all the water quality standards specified in Part 1 of the Schedule, other than those referred to in sub-paragraph (i),
(c) in the case of a private water supply, other than an individual supply serving fewer than 50 persons or providing less than 10m3 a day where the water is not supplied as part of a commercial or public activity, serve within 14 days of receipt by the sanitary authority of the monitoring results, a notice in writing on the person or where there is more than one such person, each person responsible for that supply requiring that person, or persons as the case may be, to prepare within 60 days of the date of the said notice an action programme and to implement such action programme, including such interim measures as may be appropriate, for the improvement of the quality of the water so as to secure compliance with these Regulations as soon as possible and not later than
(i) 12 months from the date of finalisation of an action programme in relation to the water quality standards specified in Part 1 of the Schedule in relation to matters which present a risk to public health, and
Given under the Official Seal of the Minister for the Environment, Heritage and Local Government this 26th day of June, 2003.
/images/seal.jpg
MARTIN CULLEN
____________________________
Minister for the Environment, Heritage and Local Government
Explanatory Note
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations amend the European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988 ( S.I. No. 81 of 1988 ) to give further effect to Council Directive 80/778/EEC of 15 July, 1980, Council Directive 98/83/EC of 3 November, 1998 and Directive 2000/60/EC of the European Parliament and the Council of 23 October, 2000.
The Regulations place an onus on those responsible for certain private water supplies to take the necessary measures to ensure that drinking water supplied meets the prescribed standards. The Regulations also provide for procedures and remedial actions to be taken where supplies do not meet the standards.
1 O.J. No. L229, 30.8.1980, P.1.
2 O.J. No. L330, 5.12.1998, P.32.
3 O.J. No. L 327/1, 22.12.2000
S.I. No. 259/2003 –
European Communities (Quality of Water Intended For Human Consumption) (Amendment) Regulations, 2003
The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by Section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving further effect to the Council Directive 80/778/EEC of 15 July, 19801 , Council Directive 98/83/EC of 3 November, 19982 and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20003 hereby makes the following Regulations:
1. These Regulations may be cited as the European Communities (Quality of Water Intended for Human Consumption) (Amendment) Regulations, 2003
2. These Regulations shall come into operation on 1 August, 2003.
3. The European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988 ( S.I. No. 81 of 1988 ) are hereby amended by
(a) the insertion of the following definition after the definition of “premises” in article 2 of the Regulations:
“ “private water supply” means a water supply intended for human consumption which is not in the charge or ownership of a sanitary authority or any person acting on its behalf;”;
(b) the deletion of article 4 thereof and the substitution therefor of the following article:
“4. (1) It shall be the duty of a sanitary authority to take the necessary measures to ensure that:
(a) water intended for human consumption meets the requirements of these Regulations, except where a departure is granted under article 5, and
with Article 4, the quality of water intended for human consumption does not meet the parametric values specified in Part 1 of the Schedule, the sanitary authority shall, subject to any departures in force under article 5:
(a) ensure, subject to article 4, that the necessary remedial action is taken as soon as possible to restore the quality of the water and give priority to its enforcement action having particular regard to the extent to which the relevant parametric value has been exceeded and to the potential danger to human health,
(b) in the case of a public water supply, prepare an action programme within 60 days of receipt by the sanitary authority of the monitoring results and implement such action programme for the improvement of the quality of the water so as to secure compliance with these Regulations as soon as possible and not later than
(i) 12 months from the date of finalisation of an action programme in relation to the water quality standards specified in Part 1 of the Schedule in relation to matters which present a risk to public health, and
(ii) 30 months from the date of finalisation of an action programme in relation to all the water quality standards specified in Part 1 of the Schedule, other than those referred to in sub-paragraph (i),
(c) in the case of a private water supply, other than an individual supply serving fewer than 50 persons or providing less than 10m3 a day where the water is not supplied as part of a commercial or public activity, serve within 14 days of receipt by the sanitary authority of the monitoring results, a notice in writing on the person or where there is more than one such person, each person responsible for that supply requiring that person, or persons as the case may be, to prepare within 60 days of the date of the said notice an action programme and to implement such action programme, including such interim measures as may be appropriate, for the improvement of the quality of the water so as to secure compliance with these Regulations as soon as possible and not later than
(i) 12 months from the date of finalisation of an action programme in relation to the water quality standards specified in Part 1 of the Schedule in relation to matters which present a risk to public health, and
Given under the Official Seal of the Minister for the Environment, Heritage and Local Government this 26th day of June, 2003.
/images/seal.jpg
MARTIN CULLEN
____________________________
Minister for the Environment, Heritage and Local Government
Explanatory Note
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations amend the European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988 ( S.I. No. 81 of 1988 ) to give further effect to Council Directive 80/778/EEC of 15 July, 1980, Council Directive 98/83/EC of 3 November, 1998 and Directive 2000/60/EC of the European Parliament and the Council of 23 October, 2000.
The Regulations place an onus on those responsible for certain private water supplies to take the necessary measures to ensure that drinking water supplied meets the prescribed standards. The Regulations also provide for procedures and remedial actions to be taken where supplies do not meet the standards.
1 O.J. No. L229, 30.8.1980, P.1.
2 O.J. No. L330, 5.12.1998, P.32.
3 O.J. No. L 327/1, 22.12.2000
S.I. No. 268/2006 –
European Communities (Quality of Shellfish Waters) Regulations 2006
STATUTORY INSTRUMENTS
S.I. No. 268 of 2006
EUROPEAN COMMUNITIES (QUALITY OF SHELLFISH WATERS) REGULATIONS 2006
S.I. No 268 of 2006
European Communities (Quality of Shellfish Waters) Regulations 2006
I, Noel Dempsey, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 79/923/EEC1 of 30 October 1979 on the quality required of shellfish waters, hereby make the following regulations:
Citation
1. These Regulations may be cited as the European Communities (Quality of Shellfish Waters) Regulations 2006.
Object of these Regulations
2. The object of these Regulations is to give effect in the State to Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters.
Interpretation
3. (1) In these Regulations—
“Minister” means the Minister for Communications, Marine and Natural Resources;
“prescribed public authority” means a person or body specified in Schedule 1;
“shellfish” means a bivalve or gastropod mollusc;
“shellfish waters” means an area of water specified in Schedule 3;
“Shellfish Waters Directive” means Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters.
(2) Notes appearing in the text are provided for information only and do not form part of these Regulations.
General duty of public authorities
4. Every public authority that has functions the performance of which may affect shellfish waters shall perform those functions in a manner that will, as far as practicable, promote compliance with the Shellfish Waters Directive and these Regulations and, in particular, shall—
(a) ensure that, as far as practicable, those shellfish waters comply with the quality standards specified in the Schedule 2, and
(b) take such action, consistent with the performance of its functions, as will secure compliance with that Directive and these Regulations and with any programme established by the Minister in accordance with Regulation 6, and
(c) consult, co-operate and liaise with other public authorities and with competent authorities established in Northern Ireland in such a manner and to such extent as is necessary to co-ordinate compliance with these Regulations or that Directive, and
(d) if any other public authority, or any competent authority established in Northern Ireland, asks for information that it reasonably needs in order to perform its functions with respect to compliance with these Regulations or that Directive, provide the authority with that information.
Minister’s responsibilities with respect to sampling of shellfish waters
5. (1) The Minister shall ensure—
(a) that all shellfish waters comply with Schedule 2 and in particular that sampling of shellfish waters and shellfish flesh is carried out in accordance with the parameters and frequencies specified in that Schedule, and
(b) records of the results of the sampling are kept for a period of not less than 2 years.
(2) The Minister shall arrange—
(a) for the results of sampling to be published by electronic means, and
(b) for the records of the sampling to be kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
(3) The Minister shall, in consultation with the Environmental Protection Agency, determine on the basis of local environmental conditions—
(a) each sampling point, and
(b) the distance from a sampling point to the nearest point at which trade effluent or sewage effluent or polluting matter is discharged to shellfish waters, and
(c) the depth at which samples are to be taken.
(4) On being satisfied that sampling has produced results that are appreciably better than the standard for a parameter specified in Schedule 2 or 4, the Minister may authorise the frequency of sampling to be reduced.
(5) On being satisfied that the quality of particular shellfish waters will not deteriorate, the Minister may authorise sampling for those waters to be discontinued.
(6) The Minister shall ensure that, as far as practicable, reference methods of analysis or inspection specified in the Schedule 2 are used for establishing the standards for each of the parameters concerned.
(7) The Minister shall ensure that other methods of analysis or inspection are used only if the results obtained are equivalent or comparable to the results obtained by the methods specified in Schedule 2.
Minister to try to ensure that shellfish waters comply with certain quality standards
6. (1) The Minister shall, in consultation with the prescribed public authorities establish a programme of action in respect of each area of shellfish waters with a view to providing that, as far as reasonably practicable, those waters comply with the Shellfish Waters Directive and these Regulations. In particular, the objective of such a programme must be to take reasonably practicable steps to reduce pollution in those waters with a view to meeting the standards specified in Schedule 4.
(2) When a programme of action is established in accordance with paragraph (1), the Minister shall arrange for the programme to be published by electronic means or by such other means as the Minister considers appropriate.
(3) The Minister shall take all practicable steps to ensure that implementation of a programme of action does not lead, directly or indirectly, to increased pollution of coastal and brackish waters.
What constitutes compliance with Schedules 2 and 4
7. (1) For the purposes of these Regulations, shellfish waters comply with the standards specified in Schedule 2 for any period of 12 months if, during that period—
(a) in the case of parameter 8 (organohalogenated substances) and parameter 9 (metals) specified in that Schedule, 100 per cent of the samples taken from the same sampling point in accordance with Regulation 5 comply with those standards, and
(b) in the case of parameter 5 (salinity) and parameter 6 (dissolved oxygen) specified in that Schedule, 95 per cent of the samples taken from the same sampling point in accordance with Regulation 5 comply with those standards, and
(c) in the case of the other specified parameters specified in that Schedule, 75 per cent of the samples taken from the same sampling point in accordance with Regulation 5 comply with those standards.
This paragraph is subject to paragraphs (3) and (4) and to any departure authorised under paragraph (5).
(2) For the purposes of these Regulations, shellfish waters comply with the standards specified in Schedule 4 for any period of 12 months if, during that period—
(a) in the case of parameter 8 (organohalogenated substances) and parameter 9 (metals) specified in that Schedule, 100 per cent of the samples taken from the same sampling point in accordance with Regulation 5 comply with those standards, and
(b) in the case of parameter 5 (salinity) and parameter 6 (dissolved oxygen) specified in that Schedule, 95 per cent of the samples taken from the same sampling point in accordance with Regulation 5 comply with those standards, and
(c) in the case of the other parameters specified in that Schedule, 75 per cent of the samples taken from the same sampling point in accordance with Regulation 5 comply with those standards.
This paragraph is subject to paragraph (3).
(3) If the sampling frequency is reduced in accordance with Regulation 5(4) the sample taker must ensure that all samples comply with the relevant standard.
(4) Deviations from the standards specified in Schedule 2 are not to be taken into account in determining whether these Regulations are being, or have been complied with if the deviations are attributable to an event that, in the Minister’s opinion, is a natural or man-made disaster.
(5) The Minister may, by notice in writing, authorise a departure from a standard specified in Schedule 2 if, in the Minister’s opinion, an exceptional meteorological or geophysical event has occurred. Subject to paragraph (7), such an authorisation has effect for such period, or until such time, as is specified in the notice.
(6) The Minister may impose conditions in authorising a departure from such a standard. Any such conditions have effect for the duration of the notice of authorisation or until such earlier date or time as is specified in that notice.
(7) Contravention of, or failure to comply with, a condition imposed under paragraph (6) terminates the authorisation.
Minister to determine reasons for non-compliance with standards
8. (1) If at any time an area of shellfish waters does not comply with the standards specified in Schedule 2, the Minister shall—
(a) take all necessary steps to determine the reasons for the non-compliance, and
(b) in particular, determine whether non-compliance is attributable to chance, natural factors or to discharges of trade effluent, sewage effluent, surface runoff, point or diffuse pollution sources or other polluting matter.
(2) The Minister shall take the required action in consultation with the prescribed public authorities and such other persons as the Minister thinks appropriate.
Certain other Regulations not affected
9. Nothing in these Regulations affects the operation of the Water Quality (Dangerous Substances) Regulations 2001 ( S.I. No. 12 of 2001 ).
Revocation of certain Regulations
10. The Quality of Shellfish Waters Regulations 1994 ( S.I. No. 200 of 1994 ) and the Quality of Shellfish Waters (Amendment) Regulations 2001 ( S.I. No. 459 of 2001 are revoked.
SCHEDULE 1
PRESCRIBED PUBLIC AUTHORITIES
The following persons and bodies are prescribed public authorities for the purposes of these Regulations:
• the Minister for Agriculture and Food
• the Minister for Communications, Marine and Natural Resources
• the Minister for the Environment, Heritage and Local Government
• the Minister for Community, Rural and Gaeltacht Affairs
• the Environmental Protection Agency
• relevant local authorities
• relevant regional authorities
• the Marine Institute
• the relevant Regional Fisheries Board
• the Central Fisheries Board
SCHEDULE 2
SHELLFISH WATERS MANDATORY VALUES
Paramet er No.
Parameter
Unit of Measurement
Standard/Value
Reference Method of analysis or inspection
Frequency of sampling
1
pH
pH unit
Not less than 7 nor greater than 9
Electrometry
Quarterly Measured in situ[illegible] at the time of sampling.
2
Temperature
Degrees Celsius
Thermometry
Quarterly Measured in situ[illegible] at the time of sampling.
3
Coloration (After Filtration)
Milligrams per litre
A discharge affecting shellfish waters must not cause the colour of the waters after filtration to deviate by more than 10 milligrams per litre from the colour of waters not so affected.
Filter through a 0.45 micrometre membrane. Photometric method, using the platinum/cobalt scale.
Quarterly
4
Suspended solids
Milligrams per litre
A discharge affecting shellfish waters must not cause the suspended solids content of the waters to exceed by more than 30 per cent the suspended solids content of waters not so affected.
Filtration through a 0.45 micrometre membrane, drying at 105 degrees Celsius and weighing. Centrifuging (for at least 5 minutes, with mean acceleration 2,800 to 3,200g), drying at 105 degrees Celsius and weighing.
Quarterly
5
Salinity
Practical salinity units
(a) less that 40 practical salinity units, and
Conductimetry
Monthly
(b) discharges affecting shellfish waters must not cause the salinity of the waters to exceed by more than 10 per cent the salinity of waters not so affected.
6
Dissolved oxygen
Saturation per cent
(a) equal to or greater than 70 per cent (average value)
Winkler’s method or electrochemical method
(b) no individual measurement to indicate a value less than 60 per cent unless it can be established that there are no harmful consequences for the development of shellfish colonies.
Should an individual measurement indicate a value less than 70 per cent, measurements must be repeated.
Monthly, with a minimum of one[illegible] sample representative of low oxygen conditions on the day of sampling. However, where major daily variations are suspected, a minimum of two samples in one day must be taken.
7
Petroleum hydrocarbons
Hydrocarbons must not be present in the shellfish waters in such quantities as will—
Visual examination
Quarterly
(a) produce a visible film on the surface of the water or a deposit on the shellfish, or both,
or
(b) have harmful effects on the shellfish.
8
Organohalo- genated substances
Gas chromatography after extraction with suitable solvents and purification.
Half-yearly
Polychlorinated biphenyls
μg.litre-1 (seawater)
0.30
Polychlorinated Biphenyls: Sum of ICES 7CBs1
μg.kilogram-1 wet weight @ 1 per cent lipid (shellfish flesh2 )
300.00
The concentration of each substance in the shellfish water or in the shellfish flesh must not reach or exceed a level, which has harmful effects on the shellfish and their larvae.
9
Metals (Dissolved):
μg.litre-1
Spectrometry of atomic absorption preceded, when appropriate, by concentration or extraction, or both.
Half-yearly
(seawater)
Arsenic
40.00
Cadmium
5.00
Chromium
30.00
Copper
10.00
Lead
20.00
Mercury
0.40
Nickel
50.00
Silver
10.00
Zinc
200.00
The concentration of each substance in the shellfish water must not exceed a level that gives rise to harmful effects on the shellfish and their larvae. The synergic effects of these metals must be taken into consideration.
10
Faecal coliforms
Number of faecal coliforms per 100 millilitres
Method of dilution with fermentation in liquid substrates in at least three tubes in three dilutions. Subculturing of the positive tubes on a confirmation medium. Count according to MPN (most probable number). Incubation temperature 44°C ± 0.5°C.
Quarterly
11
Substances affecting the taste of shellfish
The concentrations of such substances in shellfish waters or in shellfish flesh must be limited so that the taste of shellfish is not impaired.
Examination of the shellfish by tasting.
If the presence of any of these substances is presumed.
SCHEDULE 3
SHELLFISH WATERS
The following are the shellfish waters to which these Regulations apply:
Mulroy Bay, Co. Donegal
The designated area covers all points due south of an imaginary line between Melmore Head and Ballyhoorisky Point, to the high water mark, as shown on a map of public record certified by the Minister for the purposes of these Regulations and kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
Killary Harbour, Co. Mayo
The designated area covers the full area of the Harbour below the high water mark from Aasleagh at the head, to Dooneen at the mouth of the harbour, as shown on a map of public record certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
Kilkieran Bay, Co. Galway
The designated area is as shown on a map of record certified by the Minister for the purposes of these Regulations and kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
Clarinbridge/Kinvara Bay, Co. Galway
The designated area covers all points East of a line drawn between Kilcolgan Point on Tawin Island, and Eddy Point on island Eddy, and continued on to the Mainland at Doorus, to the high water mark, as shown on a map of public record certified by the Minister for the purposes of these Regulations and kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
Inner Bantry Bay, Co. Cork
The designated shellfish area of Inner Bantry Bay at the head of the bay covers the area of approximately 1100 hectares, east of an imaginary line due south from Ardnamanagh South on the mainland to Whiddy Point East on Whiddy Island, and from Cusroe on Whiddy Island due south to the mainland near Dromclough, to the high water mark, with the exclusion of Bantry Harbour, as shown on a map of public record certified by the Minister for the purposes of these Regulations and kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
Glengarriff Harbour, Co. Cork
The designated area covers all points north of a line drawn between Big Point and the unnamed point south east of Illauncreeveen, and the high water mark, as shown on a map of public record certified by the Minister for the purposes of these Regulations and kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
Roaringwater Bay, Co. Cork
The designated area covers that part of inner Roaringwater Bay that lies east of an imaginary line southeast from a point 1 kilometre east of Coosheen Point on the mainland to the northwest of Castle Island, and from the southeast of Castle Island west to the northwest of Skeam West to Skeam East and on to the westerly point of Cunnamore, north of Coolim and Goose Island, to the high water mark, but not including Ballydehob Bay, as shown on a map of public record certified by the Minister for the purposes of these Regulations and kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
Aughinish Bay, Co. Galway
The designated area is as shown on a map of record certified by the Minister for the purposes of these Regulations and kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
Cromane, Co. Kerry
The designated area is as shown on a map of record certified by the Minister for the purposes of these Regulations and kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
Inner Bay, Maharees, Co. Kerry
The designated area covers all points south west of an imaginary line from Rough Point, (062 660E 120 150N), to 065 210E 120 150N, to 062 500E 114 240N to the high water mark, as shown on a map of public record certified by the Minister for the purposes of these Regulations and kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
Kilmakillogue Harbour, Co. Kerry
The designated area covers all points east of an imaginary line from Loughaunacreen point to the most north westerly point of Collorus head to the high water mark (excluding the area south of the road between Lauragh and Ardgroom), as shown on a map of public record certified by the Minister for the purposes of these Regulations and kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
Carlingford Lough, Co. Louth
The designated area is as is shown on a map of record certified by the Minister for the purposes of these Regulations and kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
Clew Bay (East of Old Head), Co. Mayo
The designated area covers all that area up to the high water mark and east of a line drawn from the most northerly point at Old Head to the most easterly point at Gubbaun Point as shown on a map of public record certified by the Minister for the purposes of these Regulations and kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
Bannow Bay, Co. Wexford
The designated area is as is shown on a map of record certified by the Minister for the purposes of these Regulations and kept at the head office of the Department of Communications, Marine and Natural Resources or at such other place as the Minister has publicly notified.
SCHEDULE 4
SHELLFISH WATERS GUIDE VALUES
Parameter No.
Parameter
Unit of Measurement
Standard/Value
1
pH
pH unit
2
Temperature
Degrees Celsius
A discharge affecting shellfish must not cause the temperature of the waters to exceed by more than 2 degrees Celsius the temperatures of waters not so affected.
3
Coloration (after filtration)
Milligrams per litre
4
Suspended solids
Milligrams per litre
5
Salinity
Practical salinity units
12 to 38 practical salinity units.
6
Dissolved oxygen
Saturation per cent
Equal to or greater than 80 per cent (average value)
7
Petroleum hydrocarbons
8
Organohalogenated substances:
Polychlorinated biphenyls: Sum of ICES 7 CBs1
μg.kilogram-1 wet weight @ 1 per cent lipid (shellfish flesh2 )
100.00
The concentration of each substance in the shellfish flesh must be so limited that it contributes to the high quality of shellfish products.
9
Metals:
Milligrams/ kilogram-1 dry weight (shellfish flesh)
Arsenic
30.00
Cadmium
5.00
Chromium
6.00
Copper
400.00
Lead
7.50
Mercury
1.00
Nickel
5.00
Silver
15.00
Zinc
4000.00
The concentration of each substance in the shellfish flesh must be so limited that it contributes to the high quality of shellfish products.
10
Faecal coliforms
Number of faecal coliforms per 100 millilitres
Equal to or less than 300 in the shellfish flesh and intervalvular liquid
11
Substances affecting the taste of shellfish
GIVEN under my Official Seal,
22nd May 2006
/images/seal.jpg
Noel Dempsey
Minister for Communications, Marine
and Natural Resources
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations prescribe quality standards for shellfish waters and designate the waters to which they apply, together with sampling and analysis procedures to be used to determine compliance with the standards. The Regulations also require the preparation and implementation of action programmes in respect of all such waters. The Regulations give effect to Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters and replace earlier Statutory Instruments Nos. 200 of 1994 and 459 of 2001.
1 OJ No. L 281, 10.11.1979, p. 47
1 ICES 7 CBs: PCBs 28, 52, 101, 118, 138, 153, 180
2 Applies to shellfish flesh of bivalve molluscs
1 ICES 7 CBs: PCBs 28, 52, 101, 118, 138, 153, 180
2 Applies to shellfish flesh of bivalve molluscs
(1) OJ No. L 229, 30.8.1980, p.1.
Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Cookie List
© Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas
S.I. No. 684/2007 –
Waste Water Discharge (Authorisation) Regulations 2007
INDEX
PART I
GENERAL
1. Citation and commencement
2. Purpose of regulations
3. Interpretation
4. Prosecution of offences
PART II
DUTIES ON WATER SERVICES AUTHORITIES AND THE AGENCY
5. Duties on a water services authority
6. Duties on the Agency
7. Alternative objectives
8. Prior requirement in relation to waste water works common between authorities
PART III
NOTICES AND REVIEW BY AGENCY OF LICENCES
9. Notice of intention to apply to the Agency for a licence or for the review of a licence
10. Notices in newspapers
11. Site notices
12. Further notice
13. Notice to the relevant authority
14. Review by the Agency of a licence
PART IV
APPLICATION FOR A LICENCE OR FOR THE REVIEW OF A LICENCE
15. Making of an application to the Agency
16. Contents of an application for a licence or for the review of a licence
17. Certain applications to be accompanied by an environmental impact statement
18. Procedure on receipt of an application
PART V
CONSIDERATION OF LICENCE APPLICATIONS BY AGENCY
19. Submissions to the Agency regarding applications
20. Further information
21. Notice to certain public authorities and bodies
22. Matters in an environmental impact statement to which the Agency shall have regard
23. Defrayal or contribution towards costs of investigations and enforcement
PART VI
APPLICATION FOR A CERTIFICATE OR FOR THE REVIEW OF A CERTIFICATE
24. Application for a certificate or for the review of a certificate
25. Procedure on receipt of an application
26. Review of a certificate
27. Defrayal or contribution towards cost of certificate functions of the Agency
PART VII
GRANTING OF LICENCES AND CERTIFICATES
28. Deciding on an application for a licence or a revised licence
29. Conditions attaching to licences, including those necessary to give effect to certain provisions of Community Acts
30. Deciding on an application for a certificate or a revised certificate.
31. Conditions attaching to certificates, including those necessary to give effect to certain provisions of Community Acts
32. Surrender or revocation of a certificate
33. Clerical or technical amendments to licences and certificates
34. Questioning of decision of Agency
35. False or misleading information or failure to provide information
36. Register
37. Injunctive relief
PART VIII
FEES AND MISCELLANEOUS
38. Fee for application for a licence or certificate
39. Fee for application for a review of a licence or of a certificate
40. Powers of authorised persons
41. Limitation of Act of 2000
42. Transitional provision
43. Consideration of proposals by planning authorities and An Bord Pleanála
44. Consultation by planning authorities and An Bord Pleanála
45. Discharges requiring licensing under Foreshore Acts
46. Funding of capital works
47. Revocation
S.I. No. 684 of 2007
WASTE WATER DISCHARGE (AUTHORISATION) REGULATIONS 2007
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 9th October, 2007.
WHEREAS, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, having regard to section 3 (3) of the European Communities Act 1972 (as inserted by section 2 of the European Communities Act 2007 ) (hereinafter referred to as the Act of 1972), consider it necessary for the purpose of giving full effect to Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community 1 and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy 2 to make provision for offences under the following regulations to be prosecuted on indictment:
AND WHEREAS, I consider that it is necessary, having further regard to section 3(3) of the Act of 1972, and for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following regulations are effective, proportionate and have a deterrent effect, having regard to the acts or omissions of which the offence consists, to make such provision in the following regulations:
NOW THEREFORE, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by the European Communities Act 2007 (No. 18 of 2007) and for the purpose of giving further effect to Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community1 and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy2, hereby make the following Regulations:
PART I GENERAL
Citation and commencement
1. (1) These Regulations may be cited as the Waste Water Discharge (Authorisation) Regulations 2007.
(2) These Regulations shall come into operation with immediate effect.
Purpose of the Regulations
2. (1) The purpose for which these Regulations are made is to prevent and reduce the pollution of waters by waste water discharges by giving effect to Article 6 of the Dangerous Substances Directive and includes the purpose of implementing the following measures required under the Water Framework Directive—
(a) measures required to achieve the environmental objectives established under Article 4(1)(a), 4(1)(b) and 4(1)(c) of that Directive in relation to surface waters, groundwater and protected areas;
(b) measures required in accordance with the requirements of Article 7(2) and 7(3) of that Directive to ensure the necessary protection of bodies of water used for the abstraction of drinking water;
(c) measures required in accordance with Article 16(1) and 16(8) of that Directive with the aim of progressively reducing pollution of surface waters by priority substances and the ceasing or phasing out of emissions, discharges and losses of priority hazardous substances;
(d) measures required in accordance with the requirements of Article 17(1) of that Directive to prevent and control pollution of groundwater; and
(e) measures adopted in accordance with the provisions of Article 22(3)(b) of that Directive applying, for the purpose of Article 6 of the Dangerous Substances Directive, the principles for the identification of pollution problems and the substances causing them, the establishment of quality standards and the adoption of measures laid down in the Water Framework Directive.
(2) The Regulations have the purpose of giving effect, in relation to discharges, losses and emissions of pollutants from waste water works, to the obligation under Article 11(3)(g) of the Water Framework Directive requiring prior regulation of point source discharges liable to cause pollution.
(3) These Regulations further include the purpose of giving effect to measures required under the following Directives—
(a) The Birds Directive 3 ;
(b) The Groundwater Directives 4 ;
(c) The Drinking Water Directive 5 ;
(d) The Urban Waste Water Treatment Directive 6 ;
(e) The Habitats Directive 7 ;
(f) The Bathing Water Directive 8 .
Interpretation
3. In these Regulations, save where the context otherwise requires,—
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000) as amended;
“Agency” means the Environmental Protection Agency;
“agglomeration” means an area where the population or economic activities or both are sufficiently concentrated for a waste water works to have been put in place;
“application” means—
(a) in Parts III, IV and V an application by or on behalf of a water services authority for a licence or for the review of a licence and includes the furnishing of documentation and information to the Agency under Regulation 14(7)(a),
(b) in Part VI an application by or on behalf of a water services authority for a certificate or for the review of a certificate and includes the furnishing of documentation and information to the Agency under Regulation 24, and
(c) in Parts II, VII and VIII an application by or on behalf of a water services authority for a licence or certificate or for the review of a licence or certificate;
“authorisation” means, in the case of an agglomeration specified in column (1) of Schedule 2, a licence, and in all other cases, a certificate;
“authorised person” means a person who is appointed in writing by the Agency to be an authorised person for the purposes of Regulation 40;
“body of surface water” means a discrete and significant element of surface water such as a lake, reservoir, stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water;
“body of groundwater” means a distinct volume of groundwater within a subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater;
“certificate” means a certificate authorising a discharge by or on behalf of a water services authority from an agglomeration not specified in column (1) of Schedule 2;
“combined approach”, in relation to a waste water works, means the control of discharges and emissions to waters whereby the emission limits for the discharge are established on the basis of the stricter of either or both, the limits and controls required under the Urban Waste Water Regulations, and the limits determined under statute or Directive for the purpose of achieving the environmental objectives established for surface waters, groundwater or protected areas for the water body into which the discharge is made;
“Dangerous Substances Directive” means Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community 9 ;
“Daughter Directives” are—
Council Directive 82/176/EEC on Limit Values and Quality Objectives for Mercury Discharges by the Chlor-Alkali Electrolysis Industry 10 ;
Council Directive 83/513/EEC on Limit Values and Quality Objectives for Cadmium Discharges 11 ;
Council Directive 84/156/EEC on Limit Values and Quality Objectives for Mercury Discharges by Sectors other than the Chlor-Alkali Electrolysis Industry 12 ;
Council Directive 84/491/EEC on Limit Values and Quality Objectives for Discharges of Hexachlorocyclohexane 13 ;
Council Directive 86/280/EEC on Limit Values and Quality Objectives for Discharges of Certain Dangerous Substances included in List I of the Annex to Directive 76/464/EEC 14 ;
“development” has the meaning assigned to it in the Act of 2000;
“discharge point” means the point from which a waste water discharge occurs;
“domestic waste water” means waste water from residential settlements and services that originates predominantly from human metabolism and from household activities;
“ecological status” is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters, classified in accordance with the normative definitions of ecological status described in the Water Framework Directive and established by Regulations made by the Minister for the purpose of giving effect to the requirements of that Directive;
“environmental medium” includes the atmosphere, land, soil and waters;
“environmental pollution” means, in relation to waste water discharges, the direct or indirect introduction, as a result of human activity, of waste water discharges, substances (including any explosive, liquid or gas) or polluting matter (including any poisonous or noxious matter) into waters which may endanger human health or harm the aquatic environment, and in particular—
(a) create a risk to waters, sediment, plants or animals,
(b) deleteriously interfere with the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems including by—
(i) rendering those or any other waters poisonous or injurious to fish, shellfish, spawning grounds or the food of any fish, or
(ii) impairing the usefulness of the bed and soil of any waters as spawning grounds or impairing their capacity to produce the food of fish or shellfish,
(c) impair or interfere with amenities and other legitimate uses of the water, or
(d) result in the water failing to meet any environmental quality standards prescribed in regulations for the purpose of giving effect to the requirements of any Directive relating to the quality or use of water for the time being in force;
“European site” means—
(a) a site (until the adoption, in respect of the site, of a decision by the European Commission under Article 21 of Council Directive 92/43/EEC15 for the purposes of the third paragraph of Article 4(2) of that Directive)—
(i) notified for the purposes of Regulation 4 of the Natural Habitats Regulations, subject to any amendments made to it by virtue of Regulation 5 of those Regulations,
(ii) details of which have been transmitted to the Commission in accordance with Regulation 5(4) of the Natural Habitats Regulations, or
(iii) added by virtue of Regulation 6 of the Natural Habitats Regulations to the list transmitted to the Commission in accordance with Regulation 5(4) of those Regulations,
(b) a site adopted by the European Commission as a site of Community importance for the purposes of Article 4(2) of Council Directive 92/43/EEC 15 in accordance with the procedures laid down in Article 21 of that Directive,
(c) a special area of conservation within the meaning of the Natural Habitats Regulations, or
(d) an area classified pursuant to Article 4(1) or 4(2) of Council Directive 79/409/EEC 16 ;
“good ecological potential” is the status of a body of surface water that is created by human activity or substantially changed in character as a result of physical alterations by human activity;
“good groundwater status” means the status achieved by a body of groundwater when both its quantitative status and its chemical status are at least ‘good’;
“good surface water chemical status” means the chemical status required to meet the environmental objectives for surface waters established by the Water Framework Directive and its Daughter Directives on priority substances, that is the chemical status achieved by a body of surface water in which concentrations of priority substances and certain other pollutants do not exceed the environmental quality standards established by Regulations made by the Minister for the purpose of giving effect to the requirements of those Directives;
“good surface water status” means the status achieved by a surface water body when both its ecological status and its chemical status is at least ‘good’;
“groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;
“hazardous substances” means substances or groups of substances that are toxic, persistent and liable to bio-accumulate and other substances that give rise to an equivalent level of concern;
“industrial waste water” means any waste water that is discharged from premises used for carrying on any trade or industry or other non-domestic use and excludes run-off rain water;
“licence” means a licence authorising a discharge by or on behalf of a water services authority from an agglomeration specified in column (1) of Schedule 2;
“Minister” means the Minister for the Environment, Heritage and Local Government;
“Natural Habitats Regulations” means the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 );
“pollutant” means any substance liable to cause pollution, including those listed in Schedule 1 and, for the purpose of this definition, ‘substance’ includes bacteria and other pathogens, where relevant and the expression “polluting matter” shall be construed accordingly;
“population equivalent” is a measurement of organic biodegradable load and a population equivalent of 1 (1 p.e.) means the organic biodegradable load having a five-day biochemical oxygen demand (BOD5) of 60g of oxygen per day; the load being calculated on the basis of the maximum average weekly load entering the waste water works during the year, excluding unusual situations such as those due to heavy rain;
“primary discharge point” means the discharge point with the largest volumetric flow;
“priority hazardous substances” means those substances or groups of substances forming a subset of priority substances identified in accordance with Article 16(3) and 16(6) of the Water Framework Directive for which measures have to be taken to cease or phase-out emissions and which have been established by Regulations made by the Minister for the purpose of giving effect to those requirements;
“priority substances” means those substances or groups of substances, identified in accordance with Article 16(2) of the Water Framework Directive, that have been prioritised for action by the setting of environmental quality standards at Community level and for which measures have been established by Regulations made by the Minister for the purpose of giving effect to those requirements;
“protected areas” means areas designated as requiring special protection under specific Community legislation for the protection of their surface water and groundwater or for the conservation of habitats and species of European sites directly dependant on water and listed in the register established by the Agency in accordance with Article 8 of the Water Policy Regulations;
“register”, except where used in the definition of ‘protected areas’, means the register established by the Agency under Regulation 36;
“river basin district” means an area as set out in the Second Schedule to the Water Policy Regulations;
“sensitive areas” has the meaning assigned to the term in the Urban Waste Water Regulations;
“storm water overflow” means a structure or device on a sewerage system designed and constructed for the purpose of relieving the system of excess flows that arise as a result of rain water or melting snow in the sewered catchment, the excess flow being discharged to receiving waters;
“surface water” means inland waters (except groundwater), transitional waters and coastal waters;
“Urban Waste Water Regulations” means the Urban Waste Water Treatment Regulations 2001 ( S.I. No. 254 of 2001 );
“waste water” means domestic waste water or the mixture of domestic waste water with industrial waste water;
“waste water discharge” means the discharge of a pollutant to water from a waste water works and includes indirect discharge after percolation through the ground or subsoil and discharges from storm water overflows and emergency overflows;
“waste water works” means sewers and their accessories (or any part thereof) and all other associated structural devices, including waste water treatment plants, which are owned by, vested in, controlled or used by a water services authority for the collection, storage, treatment or discharge of waste water;
“water” includes surface water and groundwater;
“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy 17 ;
“Water Policy Regulations” means the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 );
“water services authority” means a County Council or a City Council as defined in the Local Government Act 2001 (No. 37 of 2001) and, subject to such exceptions as may be prescribed, and where the context permits, any reference to a sanitary authority or local authority in any legislation, in so far as it relates to functions of that authority in relation to waste water works or waste water discharges, shall be regarded as a reference to a water services authority for the purpose of these Regulations.
Prosecution of Offences
4. (1) Summary proceedings for an offence under these Regulations may be brought and prosecuted by the Agency.
(2) A water services authority which commits an offence under these Regulations is liable—
(a) on summary conviction, to a fine not exceeding €5,000, or
(b) on conviction on indictment, to a fine not exceeding €500,000.
(3) Where an offence under these Regulations is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person being a manager, director of service or other officer of the water services authority, or a person who was purporting to act in that capacity, that person is also guilty of an offence and liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for an offence under these Regulations may be instituted at any time within 2 years from the date on which the offence has been committed.
PART II DUTIES ON WATER SERVICES AUTHORITIES AND THE AGENCY
Duties on a water services authority
5. (1) A water services authority shall, within the 6 months preceding the date prescribed in column (2) of Schedule 2 opposite the specified population equivalent of the agglomeration served by a waste water works or at least 6 months before the date on which a waste water works becomes operational, whichever is later, make an application to the Agency for a licence authorising the waste water discharges from those works.
(2) With effect from 22 June 2010 or, if later, the date on which the waste water works becomes operational, a water services authority shall not cause or permit discharges from a waste water works serving an agglomeration not specified in column (1) of Schedule 2 unless the discharges concerned have been the subject of an application made to the Agency between 6 and 12 months before such date and in respect of which the Agency has granted a certificate.
(3) A water services authority which fails to comply with the requirements of paragraph (1) or (2) commits an offence.
Duties on the Agency
6. (1) The Agency shall be the competent authority for the purposes of authorising a waste water discharge.
(2) In considering an application by a water services authority, the Agency shall have regard to—
(a) the requirements of Articles 3, 4 and 6 of the Dangerous Substances Directive,
(b) the requirements of Articles 4, 7 and 9 of, and the Second, Fourth and Fifth Schedules to, the Urban Waste Water Regulations,
(c) the environmental objectives established under Article 4(1)(a), 4(1)(b) and 4(1)(c) of the Water Framework Directive,
(d) the requirement to protect bodies of water used for the abstraction of drinking water,
(e) the requirement to prevent and control groundwater pollution,
(f) the requirements under Article 16(1) and 16(8) of the Water Framework Directive to progressively reduce the pollution of surface waters by priority substances and to cease or phase out discharges of priority hazardous substances,
(g) the requirement to prevent pollution of waters, and
(h) the Directives referred to in Regulation 2(3),
and, in deciding on an application, the Agency shall set emission limits for pollutants likely to be present in the waste water concerned and the timeframe or timeframes within which these are to be achieved with the aim of achieving good surface water status (or good ecological potential and good surface water chemical status in the case of an artificial and heavily modified body of water), and good groundwater status by not later than 22 December 2015 for either or both the surface water body and groundwater body into which the waste water discharge is or will be made, including compliance with any standards and objectives established for associated protected areas by the dates specified for the individual protected areas and in any event by not later than 22 December 2015.
(3) The Agency shall not grant an authorisation for a waste water discharge which, in the opinion of the Agency, will—
(a) cause a deterioration in the chemical status or ecological status (or ecological potential as the case may be) in the receiving body of surface water,
(b) cause a deterioration in the chemical status in the receiving body of groundwater or which fails to include the measures necessary to prevent the input into groundwater of hazardous substances, except where the Agency has established, or caused to be established, that the input concerned is in a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater, or, in the case of pollutants which are not hazardous, which fails to include the necessary measures to limit inputs so as to ensure that such inputs do not cause deterioration or result in significant and sustained upward trends in the concentrations of pollutants in groundwater, or
(c) exclude or compromise the achievement of the objectives established for protected species and natural habitats in the case of European sites where the maintenance or improvement of the status of water is an important factor in their protection or which is inconsistent with the achievement of environmental quality standards established under national Regulations in relation to designated bathing waters, designated shellfish waters, areas designated for the protection of freshwater fish and areas designated for the abstraction of water intended for human consumption.
(4) The Agency shall ensure that a waste water discharge is controlled according to the combined approach and, in setting emission limits for the discharge, the Agency shall ensure that the limits set down comply, within the prescribed timeframes, with the requirements of the Urban Waste Water Regulations; the Agency shall apply stricter limits where, in its view, these are necessary to achieve the environmental objectives established for the water body, and any associated protected area, into which the discharge is or will be made.
(5) In considering an application, where it appears to the Agency that the discharge concerned, or the proposed discharge, as the case may be, is likely to have a significant effect on a European site, either alone or in combination with other operations or activities, the Agency shall cause an assessment to be made of the implications for the site in view of that site’s conservation objectives, and the Agency in deciding on the application shall have regard to the conclusions of the assessment.
Alternative objectives
7. (1) The Agency shall not be in breach of these Regulations where it authorises a waste water discharge allowing for the phased achievement of objectives for bodies of water beyond 22 December 2015, provided that no further deterioration occurs in the status of the affected body of water and that all the following conditions are met:
(a) the Agency is satisfied that the necessary improvements in the status of the body of water cannot reasonably be achieved within the established deadlines for at least one of the following reasons—
(i) the scale of improvements required can only be achieved in phases exceeding the deadline for reasons of technical feasibility,
(ii) completing the improvements within the deadline would be disproportionately expensive, or
(iii) natural conditions do not allow timely improvement in the status of the body of water;
(b) extension of the deadline, and the reasons for it, are specifically set out and explained in the river basin management plan required under Article 13 of the Water Policy Regulations;
(c) extensions shall be limited to a maximum of two further updates of the river basin management plan except in cases where the natural conditions are such that the objectives cannot be achieved within this period;
(d) a summary of the measures needed to bring the body of water progressively to the required status by the extended deadline, the reasons for any significant delay in making these measures operational, and the expected timetable for their implementation are set out in the river basin management plan and a review of the implementation of these measures and a summary of any additional measures are included in updates of the river basin management plan.
(2) In deciding on an application, the Agency may aim to achieve less stringent environmental objectives for specific bodies of water when they are so affected by human activity, as determined in accordance with the analysis and review undertaken for the purposes of Article 7 of the Water Policy Regulations, or their natural condition is such that the achievement of the required objectives would be unfeasible or disproportionately expensive, and the Agency is satisfied that all the following conditions are met:
(a) the environmental and socioeconomic needs served by such human activity cannot be achieved by other means, which are a significantly better environmental option not entailing disproportionate costs;
(b) the authorisation granted by the Agency aims to achieve—
(i) in relation to surface waters, the highest ecological and chemical status possible, and
(ii) in relation to groundwater, the least possible changes to good groundwater status,
given impacts that could not reasonably have been avoided due to the nature of the human activity or pollution;
(c) the authorisation granted by the Agency does not provide for any further deterioration in the status of the affected body of water; and
(d) the establishment of less stringent environmental objectives, and the reasons for it, are specifically stated in the river basin management plan referred to in paragraph (1)(b) and those objectives are reviewed every six years.
(3) The Agency shall ensure that, if the provisions of paragraph (1) or (2) have been applied in deciding on an application, any authorisation granted—
(a) does not exclude or compromise the achievement of the environmental objectives of the Water Framework Directive in other bodies of water within the same river basin district and is consistent with the implementation of other Community environmental legislation, and
(b) guarantees the same level of protection as the existing European Community legislation.
Prior requirement in relation to waste water works common between authorities
8. (1) Where a waste water works is partly owned by, vested in, controlled or used by more than one water services authority, such water services authority—
(a) as has been agreed by the relevant water services authorities, or, in default of such agreement,
(b) in whose functional area the primary discharge point is located,
shall compile and submit to the Agency an inventory and accompanying maps or drawings identifying each element of the works and associating it with the relevant authority controlling such element and the drainage catchment area and such other information as may be requested by the Agency.
(2) The inventory referred to in paragraph (1) shall be submitted to the Agency no later than 2 months prior to the date specified in column (2) of Schedule 2 opposite the population equivalent of the agglomeration served by the waste water works concerned and shall indicate the relevant population equivalent served.
(3) On the basis of the information provided to it under paragraph (1), the Agency shall determine and notify the water services authority or authorities concerned of its determination as to the individual waste water works or combination of works or parts thereof that should appropriately comprise a single application to the Agency for the purposes of these Regulations to be made by such water services authority—
(a) as has been agreed by the relevant water services authorities, or
(b) in default of such agreement, in whose functional area the primary discharge point is located.
(4) In a notification issued under paragraph (3) the Agency may require the water services authority concerned to provide, by a specified date, information in relation to any agreements, contracts or undertakings entered into between two or more authorities in relation to the waste water works concerned.
PART III NOTICES AND REVIEW BY AGENCY OF LICENCES
Notice of intention to apply to the Agency for a licence or for the review of a licence
9. An applicant, within the period of 2 weeks before the making of an application for the grant or review of a licence, shall—
(a) publish a notice, in accordance with Regulation 10, in a newspaper circulating in the area in which the discharge takes place or is to take place, of the intention to make the application and of the location of the discharge to which the application relates, and
(b) give notice of the intention to make the application by the erection or fixing of a site notice in accordance with Regulation 11.
Notices in newspapers
10. A notice published in a newspaper pursuant to Regulation 9 shall contain as a heading the words “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A WASTE WATER DISCHARGE LICENCE” or “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR THE REVIEW OF A WASTE WATER DISCHARGE LICENCE”, as the case may be, and shall contain the following information—
(a) the name and address of the applicant,
(b) the location or postal address (including, where appropriate, the name of the townland or townlands) and description of the waste water works, the location of discharges to which the application relates and the National Grid reference of the location of any associated waste water treatment plant,
(c) where, under Regulation 17, the application is required to be accompanied by an environmental impact statement, confirmation that such a statement will be submitted to the Agency with the application,
(d) a statement that a copy, in such a format as may be determined by the Agency, of—
(i) the application for a waste water discharge licence or for the review of a waste water discharge licence, as the case may be,
(ii) the environmental impact statement (where, under Regulation 17, the application is required to be accompanied by such statement), and
(iii) such further information relating to the application as may be furnished to the Agency in the course of the Agency’s consideration of the application,
shall, as soon as is practicable after receipt by the Agency, be available for inspection or purchase at the headquarters of the Agency and at the principal office of the relevant water services authority,
(e) a statement that submissions in relation to the application may be made to the Agency at its headquarters, and
(f) in the case of a review, specify the reference number given to the relevant licence in the register.
Site notices
11. A site notice erected or fixed pursuant to Regulation 9 shall be—
(a) headed “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A WASTE WATER DISCHARGE LICENCE” or “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR THE REVIEW OF A WASTE WATER DISCHARGE LICENCE”, as the case may be, and shall indicate the location of the primary discharge point and of any other discharges and any treatment plant associated with the discharge and comply with the requirements specified in paragraphs (a) to (f) of Regulation 10,
(b) inscribed or printed in dark indelible ink on a white background, affixed on rigid, durable material and secured against damage from bad weather and other causes,
(c) securely erected or fixed in a conspicuous position adjacent to a public road at the point nearest to the waste water treatment plant where a plant exists, or else at a location nearest to the primary discharge point so as to be easily visible and legible by persons using the public road and shall not be obscured or concealed at any time, and
(d) maintained in the position where erected or fixed for a period of at least 1 month after the making of the relevant application and shall be renewed or replaced if removed, defaced or otherwise rendered illegible within such period.
Further notice
12. Where—
(a) a period of more than 2 weeks has elapsed between the publication of a notice in a newspaper in accordance with Regulation 9 and the making of the relevant application, or
(b) it appears to the Agency that any notice published or given in pursuance of Regulation 9—
(i) if published in a newspaper, does not comply with the provisions of Regulation 10, or
(ii) if erected or fixed, does not comply with the provisions of Regulation 11, or
(iii) is, because of its content or for any other reason, misleading or inadequate for the purpose of informing the public,
the Agency shall require the applicant to publish, erect or fix such further notice in such manner, for such period and in such terms as it may specify and to submit to it such evidence as it may specify in relation to compliance with any such requirement.
Notice to the relevant authority
13. (1) An applicant, not being the water services authority in whose functional area the relevant waste water discharge to which the relevant application relates takes place or will take place, shall give written notice of the said application to any relevant water services authority.
(2) A notice required to be given to a water services authority under paragraph (1) shall contain the information specified in Regulation 10.
Review by the Agency of a licence
14. (1) The Agency shall review a licence—
(a) at a time not exceeding 6 years from the date on which the licence or revised licence was granted, or
(b) upon an application in that behalf being made by the licensee.
(2) Notwithstanding paragraph (1), the Agency may review a licence—
(a) if any of the grounds specified in paragraph (6) arise,
(b) with the consent of the licensee, or
(c) at any time not less than 3 years from the date on which the licence or revised licence was granted.
(3) Where the Agency proposes to review a licence under paragraph (1)(a) or (2), it shall give or publish, whether in a newspaper or otherwise, notice of such intention.
(4) A notice given or published in accordance with paragraph (3) shall—
(a) indicate the reference number given to the licence in the register,
(b) state that a copy of documentation and information relating to the review, including any environmental impact statement required under Regulation 17, as may be furnished to the Agency, shall, as soon as is practicable after receipt by the Agency, be available for inspection or purchase at the headquarters of the Agency and at the principal office of the relevant water services authority, and
(c) state that submissions in relation to the review may be made to the Agency at its headquarters and indicate that the Agency shall not make a decision on the application for a period of 1 month from the date the notice is given or published.
(5) Where the Agency proposes to review a licence under paragraph (1)(a) or (2), it shall give notice in writing to the licensee and, if different from the licensee, to the water services authority in whose functional area the discharge, the subject matter of the licence, takes place of its intention to conduct such a review.
(6) The grounds referred to in paragraph (2)(a) are—
(a) there has been a material change in the content or extent of the discharge to which the licence relates or in the location in which the said discharge takes place,
(b) there has been a material change, which could not reasonably have been foreseen when the licence was granted, in relation to the receiving waters or in the condition of the environment in the area in which the discharge to which the licence relates takes place,
(c) the Agency has reason to believe that the licensee is not in compliance with one or more conditions attaching to the licence,
(d) evidence, which was not available when the licence was granted and which would have materially affected the decision of the Agency to grant the licence subject to the conditions to which it was granted, has become available, or
(e) new standards or requirements relating to the discharge to which the licence relates or to the content or extent of any discharge concerned, or its effects on the environment, are prescribed under a provision of any enactment or a Community Act.
(7) A notice given under paragraph (5)—
(a) may require the licensee to furnish, by a date specified by the Agency, such—
(i) submissions, plans, documents and other information and particulars as the Agency considers necessary for the purpose of the proposed review, and
(ii) fee as is appropriate having regard to the provisions of Regulation 39, and
(b) shall indicate that submissions relating to the proposed review may be made in writing to the Agency at its headquarters within 1 month of the date of the giving of the notice, and the Agency shall not make a decision on the review before the expiry of the said period.
(8) A failure by a licensee to provide, by the specified date, any response to a notice referred to in paragraph (5) is an offence.
PART IV APPLICATION FOR A LICENCE OR FOR THE REVIEW OF A LICENCE
Making of an application to the Agency
15. An application for a licence or for the review of a licence shall be submitted to the headquarters of the Agency or such other office as the Agency may specify in writing to the applicant or licensee.
Details to be included in an application for a licence or for the review of a licence
16. (1) An application for a licence shall—
(a) give the name, address, telefax number (if any) and telephone number of the applicant (and, if different, of the operator of any treatment plant concerned) and the address to which correspondence relating to the application should be sent and, if the operator is a body corporate, the address of its registered office or principal office,
(b) give the name of the water services authority in whose functional area the relevant waste water discharge takes place or is to take place, if different from that of the applicant,
(c) give the location or postal address (including where appropriate, the name of the townland or townlands) and description of the waste water works, the location of the discharge point or points to which the application relates and the National Grid reference of the location of any associated waste water treatment plant,
(d) state the population equivalent of the agglomeration to which the application relates,
(e) specify the content and extent of the waste water discharge, the level of treatment provided, if any, and the flow and type of discharge,
(f) give details of the receiving water body, including its protected area status, if any, and details of any sensitive areas or protected areas, or both, in the vicinity of the discharge point or points or likely to be affected by the discharge concerned and, in relation to discharges to ground, provide details of groundwater protection schemes in place for the receiving water body and all associated hydrogeological and geological assessments related to the receiving water environment in the vicinity of the discharge,
(g) identify monitoring and sampling points and indicate proposed arrangements for the monitoring of discharges and, if Regulation 17 does not apply, provide details of the likely environmental consequences of any such discharges,
(h) in the case of an associated waste water treatment plant, specify the sampling data pertaining to the discharge based on the samples taken in the 12 months preceding the making of the application,
(i) describe the existing or proposed measures, including emergency procedures, to prevent unintended waste water discharges and to minimise the impact on the environment of any such discharges,
(j) give particulars of the location of the nearest downstream drinking water abstraction point or points to the discharge point or points associated with the waste water works,
(k) give details and an assessment of the effects of any existing or proposed discharges on the environment, including any environmental medium other than that into which the discharges take place or are to take place, and of proposed measures to prevent or eliminate, or, where that is not practicable, to limit or abate any pollution caused by such discharges,
(l) give details of compliance with relevant monitoring requirements and treatment standards contained in any applicable Council Directives or Regulations,
(m) give details of any work necessary to meet relevant effluent discharge standards and a timeframe and schedule for such work, and
(n) give any other information as may be stipulated by the Agency.
(2) An application by a licensee for the review of a licence shall—
(a) state the grounds on which it is made,
(b) specify the reference number given to the relevant licence in the register, and
(c) include the information specified in paragraph (1) and such documents and particulars as are specified under paragraph (3) to the extent and in such manner as may be specified in writing by the Agency.
(3) Without prejudice to paragraphs (1) and (2), an application shall be accompanied by—
(a) a copy of the notice of intention to make the application given pursuant to Regulation 9,
(b) where appropriate, a copy of a notice given to a water services authority under Regulation 13,
(c) such other particulars, drawings, maps, reports and supporting documentation as are necessary to identify and describe, as appropriate,—
(i) the point or points, including storm water overflows, from which a discharge takes place or will take place, and
(ii) the point or points at which monitoring and sampling are undertaken or are to be undertaken, and
(d) such fee as is appropriate having regard to the provisions of Regulations 38 and 39.
(4) The original application shall be accompanied by 2 copies of it and of all accompanying documents and particulars as required under paragraph (3).
(5) For the purpose of paragraph (4), all or part of the 2 copies of the said application and associated documents and particulars may, with the agreement of the Agency, be submitted in an electronic or other format specified by the Agency.
Certain applications to be accompanied by an environmental impact statement
17. Where a treatment plant associated with the relevant waste water works is or has been subject to the European Communities (Environmental Impact Assessment) Regulations 1989 to 2001, in addition to compliance with the requirements of Regulation 16, an application in respect of the relevant discharge shall be accompanied by a copy of an environmental impact statement and approval in accordance with the Act of 2000 in respect of the said development and may be submitted in an electronic or other format specified by the Agency.
Procedure on receipt of an application
18. (1) On receipt of an application the Agency shall—
(a) stamp the application with the date of receipt, and
(b) examine whether the requirements of Regulations 15 and 16 have been complied with.
(2) Where the Agency considers that the requirements of Regulations 15 and 16 have been complied with in respect of an application, it shall send to the applicant an acknowledgment of receipt of the application.
(3) Where the Agency considers that any of the requirements of Regulation 15 or 16 have not been complied with in respect of an application, it shall, as it considers appropriate having regard to the extent of the failure to comply with the said requirements, by notice in writing—
(a) inform the applicant of such failure of compliance and that the application cannot be considered by the Agency, or
(b) require the applicant, within such period as may be specified by the Agency, to take such steps or furnish such submissions, plans, documents or other information and particulars as the Agency considers are necessary for compliance with the said requirements.
(4) If the applicant fails to comply with a requirement of a notice issued under paragraph (3)(b), the Agency, as it considers appropriate having regard to the extent of the failure to comply with such notice, shall—
(a) notify the applicant that the application cannot be considered by the Agency, or
(b) notify the applicant of its intention to make a decision on the application in the absence of the information or particulars or the taking of the steps specified in the notice.
PART V CONSIDERATION OF LICENCE APPLICATIONS BY AGENCY
Submissions to the Agency regarding applications
19. A person may make written submissions to the Agency at its headquarters in relation to—
(a) an application,
(b) such plans, maps, reports, documents and other information and particulars, including an environmental impact statement, as are submitted by the applicant or licensee in accordance with Regulations 14(7), 16, 17, 18(3)(b) and 20,
and the Agency shall not make a decision on the application before the expiry of a period of 1 month following—
(i) the date of issue of a relevant acknowledgement in accordance with Regulation 18(2) or 20(5),
(ii) the date of issue of a relevant notice in accordance with Regulation 18(4)(b), 20(2)(b) or 20(2)(c)(ii),
(iii) the expiry of the period specified in a notice in accordance with Regulation 14(5) or 20(3) or as extended under Regulation 20(4),
whichever such date is the later, and the Agency shall have due regard to the content of any submissions received in its consideration of the application.
Further information
20. (1) Where the Agency receives an application for a licence or for the review of a licence, it may, by notice in writing, require the applicant within 1 month—
(a) to furnish such further information or particulars relating to the application as it considers necessary to enable it to make a decision in respect of the application, or
(b) to provide such evidence as it may reasonably require in order to verify any information or particulars furnished by the applicant in, or in relation to, the application.
(2) If the applicant fails to comply with a requirement of a notice issued under paragraph (1), the Agency, as it considers appropriate, having regard to the extent of the failure to comply with such notice, at the earliest possible date, shall—
(a) notify the applicant that the application cannot be considered by the Agency,
(b) notify the applicant of its intention to make a decision on the application in the absence of the information, particulars or evidence specified in the notice, or
(c) at the request of the applicant if received within 1 month of the date of issue of the notice under paragraph (1), allow an additional period, not exceeding 3 months, within which to comply, and if there continues to be a failure to comply with the notice, at the earliest possible date after the expiry of such additional period, the Agency shall-—
(i) notify the applicant that the application cannot be considered by the Agency, or
(ii) notify the applicant of its intention to make a decision on the application in the absence of the information, particulars or evidence specified in the notice.
(3) Where the Agency has given a notice under Regulation 14(5) to a licensee and Regulation 14(8) does not apply, it may, by further notice in writing, require the licensee, within a period of 1 month, to—
(a) take such steps or submit such documents or particulars as the Agency considers necessary for compliance with the requirements of the notice given under Regulation 14(5),
(b) submit such further information or particulars as it considers necessary to enable it to carry out the review, and
(c) provide such evidence as it may reasonably require to verify any information or particulars furnished by the licensee in response to such notice or further notice.
(4) Where there is a failure to comply with a notice under paragraph (3), the Agency may extend the period by 1 or more periods that do not in total exceed 2 months and shall, after the expiration of the period or periods concerned, proceed with its review in the absence of the information, particulars or evidence specified in the notice.
(5) Where the Agency considers that the requirements of a notice given under paragraph (1) or (3) have been complied with, it shall send to the applicant or licensee an acknowledgement to that effect.
Notice to certain public authorities and bodies
21. (1) Where the Agency receives an application for a licence or for the review of a licence or has given a notice of intention to review a licence, it shall, by electronic means or otherwise, notify and invite submissions from—
(a) the Minister,
(b) the Minister for Agriculture, Fisheries and Food,
(c) the Central Fisheries Board,
(d) An Taisce — The National Trust for Ireland,
(e) any water services authority in whose functional area the discharge takes place or is to take place, where the said authority is not the applicant,
(f) the Health Service Executive,
(g) the Health and Safety Authority,
(h) Fáilte Ireland,
(i) the Environment and Heritage Service of the Department of the Environment of Northern Ireland in relation to a discharge which, in the view of the Agency, has potential for significant impact on the objectives established for a water body, situated in whole or in part, in Northern Ireland,
(j) the Shannon Free Airport Development Company Limited if the discharge takes place or is to take place within its functional area, and
(k) such other public authority, person or body, if any, as the Agency considers necessary, having regard to the content and extent of the waste water discharge to which the application or review refers.
(2) A notice given in accordance with paragraph (1) shall as a minimum indicate—
(a) the reference number given to the licence in the register where the notice relates to a review of a licence,
(b) the name and address of the applicant or licensee, as the case may be, and
(c) the agglomeration to which the application relates, the location or postal address (including, where appropriate, the name of the relevant townland or townlands), the National Grid reference and description of any associated waste water treatment plant, if applicable, and the location of the discharge point or points to which the application relates.
Matters in an environmental impact statement to which the Agency shall have regard
22. The Agency shall have regard to the matters mentioned in an environmental impact statement in respect of a development and in the decision of An Bord Pleanála on an application under section 175(3) of the Act of 2000 for approval of such development only in so far as they relate to the risk of environmental pollution of the receiving waters from the waste water discharge concerned.
Defrayal or contribution towards costs of investigations and enforcement
23. (1) The Agency may, by notice in writing, require an applicant or licensee to defray or contribute towards the cost of any investigations carried out or caused to be carried out by the Agency so as to enable it to properly decide on the application or review.
(2) The Agency may, by notice in writing, require a licensee to make periodic payments, not exceeding the costs incurred by the Agency, for the purposes of defraying or contributing towards the costs incurred by it in monitoring, carrying out inspections, or otherwise ensuring compliance with the conditions of a licence granted by it under these Regulations.
(3) An applicant or licensee, as appropriate, shall comply with any requirement of a notice under paragraph (1) or (2) within such period (being a period of not less than 1 month) as may be specified in the said notice.
(4) The amount of any defrayal, contribution or payment required under paragraph (1) or (2) may be recovered by the Agency as a simple contract debt in any court of competent jurisdiction.
PART VI APPLICATION FOR A CERTIFICATE OR FOR THE REVIEW OF A CERTIFICATE
Application for a certificate or for the review of a certificate
24. An application for a certificate or for the review of a certificate shall be submitted to the headquarters of the Agency or such other office as the Agency may specify in writing to the applicant and shall—
(a) give the name, address, telefax number (if any) and telephone number of the applicant and the address to which correspondence relating to the application should be sent and, if the operator of the waste water works is a body corporate, the address of its registered office or principal office,
(b) give the name of the water services authority in whose functional area the relevant waste water discharge takes place or is to take place, if different from that of the applicant,
(c) give the location or postal address (including where appropriate, the name of the townland or townlands) and the National Grid reference of the location of the discharge point or points to which the application relates,
(d) state the population equivalent of the agglomeration to which the application relates,
(e) in the case of an application for the review of a certificate, specify the reference number given to the relevant certificate in the register,
(f) specify the content and extent of the waste water discharge, the level of treatment provided and the flow and type of discharge,
(g) give details of the receiving water body, its protected area status, if any, and details of any sensitive areas or protected areas, or both, in the vicinity of the discharge point or points or likely to be affected by the discharge concerned,
(h) identify monitoring and sampling points and indicate proposed arrangements for the monitoring of discharges and of the likely environmental consequences of any such discharges,
(i) in the case of an existing discharge, specify the sampling data pertaining to the discharge based on the samples taken in the 12 months preceding the making of the application,
(j) describe the existing or proposed measures, including emergency procedures, to prevent unauthorised or unexpected waste water discharges and to minimise the impact on the environment of any such discharges,
(k) give particulars of the location of the nearest downstream drinking water abstraction point or points to the discharge point or points associated with the waste water works,
(l) give details of any designation under any Council Directive or Regulations that apply in relation to the receiving waters,
(m) give details of compliance with any applicable monitoring requirements and treatment standards,
(n) give details of any work necessary to meet relevant effluent discharge standards and a timeframe and schedule for such work,
(o) give any other information as may be stipulated by the Agency, and
(p) be accompanied by such fee as is appropriate having regard to the provisions of Regulations 38 and 39.
Procedure on receipt of an application
25. On receipt of an application, or further documentation relating to an application, the Agency shall—
(a) stamp the application with the date of receipt,
(b) assign a reference number to the application, and
(c) issue to the applicant—
(i) a written acknowledgment of its receipt if the Agency is satisfied that the requirements of Regulation 24 have been complied with, or
(ii) notice in writing of the remaining requirements that must be satisfied within such period as is specified by the Agency.
Review of a certificate
26. (1) The Agency may review a certificate granted by it at any time and shall in any event review a certificate at least once every 8 years.
(2) A holder of a certificate may, at any time, make an application to the Agency, in accordance with Regulation 24, for a review of the certificate.
(3) Where the Agency proposes to review a certificate under paragraph (1), it shall give notice in writing to the holder of the certificate and the notice shall indicate that—
(a) the Agency intends to review the certificate,
(b) the holder of the certificate is required, within 30 working days of the date of issue of the notice, to make an application to the Agency in accordance with Regulation 24 for a review of the said certificate and that the Agency shall not decide to amend conditions attaching to the said certificate or refuse to grant a revised certificate before the expiry of the said period, and
(c) if the holder of a certificate does not make an application in accordance with paragraph (b), the Agency shall make and issue a decision in relation to the review in accordance with Regulation 30(1).
Defrayal or contribution towards cost of certificate functions of the Agency
27. (1) The Agency may, by notice in writing, require an applicant or certificate holder to defray or contribute towards such costs as may reasonably be incurred by the Agency in granting or reviewing a certificate or in inspecting, monitoring, auditing, enforcing or otherwise performing any functions in relation to the discharge concerned.
(2) An applicant or certificate holder, as appropriate, shall comply with any requirement of a notice under paragraph (1) within such period (being a period of not less than 1 month) as may be specified in the said notice.
(3) The amount of any defrayal or contribution required under paragraph (1) may be recovered by the Agency as a simple contract debt in any court of competent jurisdiction.
PART VII GRANTING OF LICENCES AND CERTIFICATES
Deciding on an application for a licence or for a revised licence
28. (1) The Agency shall, not earlier than 1 month and not later than 4 months from—
(a) the date of issue of an acknowledgement in accordance with Regulation 18(2) or 20(5),
(b) the date of issue of a notice in accordance with Regulation 18(4)(b), 20(2)(b) or 20(2)(c)(ii),
(c) the expiry of the period specified in a notice in accordance with Regulation 14(5) (except where Regulation 14(8) applies) or 20(3) or as extended under Regulation 20(4),
whichever is the later, make a decision on the application or review and notify the applicant or licensee concerned of that decision.
(2) If, before the expiration of the latter period specified in paragraph (1), the applicant or licensee gives to the Agency consent in writing to an extension by it of that period, the Agency may so extend the period, but such extension may not exceed 2 months.
(3) Before making its decision under paragraph (1), the Agency may require an applicant to provide confirmation that all programmes of works that would be required in order to comply with any condition that the Agency proposes to attach to any licence that it may grant have been given the appropriate prioritisation for funding by the water services authority in its current programme of water services works.
(4) Where the Agency grants a revised licence or Regulation 14(8) applies, the previous licence or revised licence, as the case may be, applying to the discharge from the waste water works concerned, shall stand revoked.
Conditions attaching to licences, including those necessary to give effect to certain provisions of Community Acts
29. (1) The Agency shall attach to any licence or revised licence that may be granted by it such conditions as are, in the opinion of the Agency, necessary to give effect to the requirements of existing environmental legislation in the field of water policy.
(2) In particular, conditions attached to a licence or revised licence shall—
(a) specify the emission limits and, where appropriate, controls that must not be exceeded in the case of pollutants discharged,
(b) contribute to the attainment of any environmental quality objectives for the time being in force for the receiving waters to which the discharge is made and not be inconsistent with any other environmental quality standards prescribed in regulations for the purpose of giving effect to the requirements of the Dangerous Substances Directive or the Water Framework Directive and Daughter Directives for the time being in force,
(c) be such as not to allow any deterioration to occur in the status of the waters receiving the discharge concerned,
(d) be consistent with the requirements imposed by the Directives referred to in Regulation 2(3) and, in particular, ensure that the discharge concerned will not adversely affect the integrity of a European site,
(e) require, where necessary, the undertaking of specified works within specified periods, and
(f) stipulate the monitoring requirements applying to the discharge or each of the discharges that must be met by the licensee in order to verify, to the satisfaction of the Agency, compliance with the terms of the licence concerned.
(3) A licensee who fails to comply with any condition attaching to a licence or revised licence granted by the Agency commits an offence.
(4) The Agency shall take all such steps as are open to it to ensure compliance with all conditions attaching to a licence or revised licence granted by it, including initiating prosecution proceedings for the offence of contravening paragraph (3).
Deciding on an application for a certificate or for a revised certificate
30. (1) The Agency shall, within 4 months of an acknowledgment being issued by it in accordance with Regulation 25(c)(i) or of a notice being issued by it under Regulation 26(3), or of the expiry of the period specified in a notice under Regulation 25(c)(ii), whichever is later, grant a certificate or revised certificate or refuse to grant a certificate or revised certificate in relation to the causing or permitting of a discharge from an agglomeration not specified in column (1) of Schedule 2.
(2) If, before the expiration of the period specified in paragraph (1), the applicant or certificate holder gives to the Agency consent in writing to an extension by it of that period, the Agency may so extend the period, but such extension may not exceed 2 months.
(3) Before making its decision under paragraph (1), the Agency may require an applicant to provide confirmation that all programmes of works that would be required in order to comply with any condition that the Agency proposes to attach to any certificate that it may grant have been given the appropriate prioritisation for funding by the water services authority in its current programme of water services works.
Conditions attaching to certificates, including those necessary to give effect to certain provisions of Community Acts
31. (1) The Agency shall attach to any certificate or revised certificate that may be granted by it such conditions as are, in the opinion of the Agency, necessary to give effect to the requirements of existing environmental legislation in the field of water policy.
(2) In particular, conditions attached to a certificate or revised certificate shall—
(a) specify either or both the emission limits and controls that must not be exceeded in the case of pollutants discharged,
(b) have regard to any environmental quality objectives for the time being in force for the receiving waters to which the discharge is made and any other environmental quality standards prescribed in regulations for the purpose of giving effect to the requirements of the Dangerous Substances Directive or the Water Framework Directive and Daughter Directives for the time being in force,
(c) be such as not to allow any deterioration to occur in the status of the waters receiving the discharge concerned,
(d) be consistent with the requirements imposed by the Directives referred to in Regulation 2(3) and, in particular, ensure that the discharge concerned will not adversely affect the integrity of a European site,
(e) require, where necessary, the undertaking of specified works within specified periods, and
(f) stipulate the monitoring requirements applying to the discharge or each of the discharges that must be met by the certificate holder in order to verify, to the satisfaction of the Agency, compliance with the terms of the certificate concerned.
(3) A certificate holder who does not comply with any condition attaching to a certificate or revised certificate granted by the Agency commits an offence.
(4) The Agency shall take all such steps as are open to it to ensure compliance with all conditions attaching to a certificate or revised certificate granted by it, including initiating prosecution proceedings for the offence of contravening paragraph (3).
Surrender or revocation of a certificate
32. (1) A certificate—
(a) shall stand revoked where, in accordance with Regulation 30(1), the Agency grants a revised certificate, and
(b) may be surrendered by the holder at any time, subject to the agreement of, and by written notice to, the Agency.
(2) The Agency shall not agree to the surrender of a certificate unless it is satisfied that the discharge from the discharge point or points concerned has been terminated.
(3) Where there is an increase in the population equivalent of an agglomeration to which a certificate relates such that the agglomeration falls to be specified in column (1) of Schedule 2, the holder shall make an application for a licence under Regulation 15 and the certificate shall, on the granting by the Agency of the relevant licence, stand revoked.
Clerical or technical amendments to licences and certificates
33. (1) The Agency may amend a licence or certificate or revised licence or revised certificate for the purposes of—
(a) correcting any clerical error therein,
(b) facilitating the doing of any thing pursuant to a condition attached to the licence or certificate where the doing of that thing may reasonably be regarded as having been contemplated by the terms of the condition or the terms of the licence or certificate taken as a whole but which was not expressly provided for in the condition, or
(c) otherwise facilitating the operation of the licence or certificate where the making of the amendment does not result in the relevant environmental requirements ceasing to be satisfied.
(2) The Agency shall, where appropriate, consult with the licensee or certificate holder before amending a licence or certificate or revised licence or revised certificate under paragraph (1).
Questioning of decision of Agency
34. A water services authority shall not by any application for judicial review or in any other legal proceedings whatsoever question the validity of a decision of the Agency to—
(a) attach a specified condition to an authorisation issued by it,
(b) not consider an application in accordance with Regulation 18(3)(a), 18(4)(a), 20(2)(a) or 20(2)(c)(i), or
(c) refuse to grant a certificate,
unless the proceedings are instituted within the period of 28 days beginning on the date on which the Agency issues to the authority—
(i) the authorisation referred to in subparagraph (a), or
(ii) notification of the decision referred to in subparagraph (b) or (c), as the case may be.
False or misleading information or failure to provide information
35. (1) A person shall not furnish information or documentation in support of an application or in response to any notice issued by the Agency for the purposes of these Regulations which he or she knows to be false or misleading in a material respect and any person who does so commits an offence.
(2) A person who fails to comply with a notice issued by the Agency or to provide information that the Agency requires under these Regulations commits an offence.
Register
36. (1) The Agency shall establish, as soon as may be after the coming into operation of these Regulations, and maintain, in whatever format the Agency considers appropriate, a register of all licences and certificates and revised licences and revised certificates granted by it.
(2) The Agency shall assign a reference number to each licence and certificate and revised licence and revised certificate granted by it and that number shall be recorded on the register together with such other details as may from time to time be specified by the Agency.
(3) The Agency shall make any of the information contained in the register available on request and may charge a reasonable fee for this purpose.
Injunctive relief
37. (1) Where, on application by the Agency to the High Court, the Court is satisfied that a water services authority has failed to comply with a condition of an authorisation, the Court may by order—
(a) direct the authority to comply with the condition, and
(b) make such other provision, including provision in relation to the payment of costs, as the Court considers appropriate.
(2) An application for an order under this Regulation shall be by motion, and the High Court, when considering the matter, may make such interim or interlocutory order as it considers appropriate.
(3) An application for an order under this Regulation may be made whether or not there has been a prosecution for an offence under these Regulations in relation to the discharge concerned, and shall not prejudice the initiation of a prosecution for an offence under these Regulations in relation to the discharge concerned.
PART VIII FEES AND MISCELLANEOUS
Fee for application for a licence or certificate
38. (1) A fee shall be paid to the Agency by an applicant in respect of an application for a licence or certificate.
(2) Subject to paragraph (3), the fee payable under paragraph (1) shall be the amount indicated in column (2) of Schedule 3 opposite the relevant class of waste water discharges in column (1) of the said Schedule.
(3) The Agency may, at its discretion, reduce, by whatever amount it considers appropriate, a fee payable under paragraph (1) in the case of multiple applications from a water services authority within a 3-month period.
(4) The fee required under paragraph (1) may be recovered by the Agency as a simple contract debt in any court of competent jurisdiction.
Fee for application for review of a licence or of a certificate
39. (1) A fee shall be paid to the Agency in respect of—
(a) an application for a review of a licence or of a certificate, or
(b) a review of a licence under Regulation 14(1)(a) or 14(2).
(2) Subject to paragraph (3), the fee payable under paragraph (1) shall be the amount indicated in column (3) of Schedule 3 opposite the relevant class of waste water discharges in column (1) of the said Schedule.
(3) The Agency may, at its discretion, reduce, by whatever amount it considers appropriate, a fee payable under paragraph (1) in the case of multiple reviews of licences or applications from a water services authority within a 3-month period.
(4) The fee required under paragraph (1) may be recovered by the Agency as a simple contract debt in any court of competent jurisdiction.
Powers of authorised persons
40. (1) For the purposes of the Agency’s functions under Regulations 14(2), 26(1), 28, 29(4), 30 and 31(4), an authorised person may at all reasonable times enter any waste water works, or other premises that the Agency reasonably considers may contain information pertaining to a discharge from those works, and may bring onto those premises such other persons or equipment and may carry out such activities specified in paragraph (2) as that authorised person may consider necessary.
(2) The activities referred to in paragraph (1) are—
(a) the carrying out of inspections,
(b) the seizure and retention of anything believed to be evidence,
(c) requiring the production of, inspection and taking copies of, records and documents or extracts therefrom, including records held in electronic form, or taking away, if considered necessary for the purposes of inspection or examination, any records or documents,
(d) the taking of photographs and making of tape, electrical, video or other recordings,
(e) the conducting of tests and taking of samples, and
(f) requiring information from any person employed on the premises.
(3) When exercising the powers conferred under paragraph (1), a person shall, if so required, provide evidence of appointment by the Agency as an authorised person.
(4) A person who—
(a) refuses to allow an authorised person on to a premises, or refuses to allow an authorised person to bring any other person or equipment with him or her on to a premises or to carry out any activity in the exercise of his or her powers under this Regulation,
(b) obstructs or impedes an authorised person in the exercise of his or her powers or functions,
(c) gives to an authorised person information which, to the knowledge of the person giving it, is false or misleading in a material respect, or
(d) fails or refuses to comply with a direction or requirement of an authorised person,
commits an offence.
Limitation of Act of 2000
41. (1) Subject to Regulation 42(2), and notwithstanding sections 34, 37, 37E, 175 and 226 of the Act of 2000, or any other provision of that Act, where, under these Regulations, an authorisation has been granted in respect of a waste water discharge from a waste water works—
(a) a planning authority, or An Bord Pleanála, where it decides to grant a permission under section 34, 37 or 37E on appeal or otherwise, as the case may be, of the said Act, or
(b) An Bord Pleanála, where it decides to grant an approval under section 175 or 226 of the said Act,
in respect of a proposed development that involves a waste water discharge from a waste water works, shall not subject the permission or approval, as the case may be, to conditions which are for the purposes of controlling the waste water discharge.
(2) Where a permission or approval under the Act of 2000 has been subjected to conditions, other than conditions as referred to in paragraph (3)(b), that are for the purposes of controlling discharges from a development as described in paragraph (1), those conditions shall cease to have effect upon the granting of an authorisation under these Regulations in respect of the waste water discharges concerned.
(3) In determining an application or appeal as referred to in paragraph (1), a planning authority or An Bord Pleanála, where it considers that, notwithstanding the authorisation of the waste water discharge under these Regulations, the discharge in question would cause or exacerbate breaches of the combined approach or otherwise cause serious water pollution, may—
(a) decide to refuse permission or approval for the development, or
(b) limit the scale of development permitted or approved, by way of condition or otherwise, in order to prevent breaches of the combined approach or to prevent serious water pollution.
Transitional provision
42. (1) Where, in the period between the coming into operation of these Regulations and the granting by the Agency of an authorisation in respect of a waste water discharge from a waste water works—
(a) a planning authority is considering an application for permission under section 34 of the Act of 2000, or
(b) An Bord Pleanála is considering—
(i) an appeal under section 37 of the Act of 2000 against a decision arising from such application, or
(ii) an application for permission under section 37E, or approval under section 175 or 226 of the said Act,
for a proposed development that involves a waste water discharge from a waste water works, the planning authority or the Board, as the case may be, shall consider whether the discharge of waste water from the proposed development, in conjunction with existing discharges to the receiving waters, would cause or exacerbate breaches of the combined approach.
(2) Where, following consideration under paragraph (1), the planning authority or the Board, as the case may be, forms the opinion that breaches of the combined approach would be caused or exacerbated, a permission or approval referred to in paragraph (1), which the authority or Board decides to grant, shall include conditions to prevent—
(a) breaches of water quality standards established under national Regulations in relation to designated bathing waters, designated shellfish waters, areas designated for the protection of freshwater fish and areas designated for the abstraction of water intended for human consumption,
(b) a deterioration in the chemical or ecological status (or ecological potential as the case may be) in the receiving water body,
(c) a deterioration in the chemical status of the receiving body of groundwater,
(d) the input into groundwater of hazardous substances, or
(e) the exclusion or compromising of the achievement of the objectives established for protected species and natural habitats in the case of European sites where the maintenance or improvement of the status of water is an important factor in their protection.
Consideration of proposals by planning authorities and An Bord Pleanála
43. (1) Where a planning authority or An Bord Pleanála is considering an application for permission, an appeal or an application for approval under section 34, 37, 37E, 175 or 226 of the Act of 2000 for development being development which involves the disposal of waste water to a waste water works, or is considering such a development under section 179 of the Act of 2000, the planning authority or the Board, as the case may be, shall consider whether the discharge of waste water from the proposed development, in conjunction with existing discharges to the receiving waters, would cause non-compliance with the combined approach or, in situations where there is existing non-compliance, would result in a significant breach of the combined approach.
(2) Where, following consideration under paragraph (1), the planning authority or the Board forms the opinion that the proposed discharge would result in non-compliance with, or a significant breach of, the combined approach, the planning authority or the Board shall—
(a) refuse permission or approval for the development,
(b) impose conditions in any grant of permission or approval to ensure that the discharge does not result in non-compliance with, or in a significant breach of, the combined approach, as the case may be, or
(c) decide not to proceed with the development.
Consultation by planning authority and An Bord Pleanála
44. (1) Where Regulation 41, 42 or 43 applies, before making a decision in respect of a proposed development, a planning authority or An Bord Pleanála may, where the authority or the Board consider that the proposed development is likely to have a significant impact on waste water discharges, request the Agency, within such period (being not less than 3 weeks from the date of the request) as may be specified by the planning authority or the Board, to make observations in relation to their assessment of the likely impact of the proposed development on waste water discharges and the Agency shall comply with any such request.
(2) When making its decision, the planning authority or the Board, as the case may be, shall have regard to the observations received from the Agency.
(3) The making of observations by the Agency under this Regulation shall not prejudice any other function of the Agency under these Regulations.
Discharges requiring licensing under Foreshore Acts
45. (1) Where the Agency has decided to grant an authorisation under Part VII and a foreshore licence has been granted under the Foreshore Act 1933 (No. 12 of 1933) in relation to the same discharge, any conditions attached to that foreshore licence shall, in so far as they are for the purpose of preventing environmental pollution, cease to have effect.
(2) The grant of a licence under the Foreshore Act 1933 in relation to any activity shall not prejudice, affect or restrict in any way the application of any provision of these Regulations to such an activity.
Funding of capital works
46. The Minister shall, with the consent of the Minister for Finance, pay out of monies provided by the Oireachtas, in a timely manner, such grants which he or she considers to be reasonable and appropriate to public funding for the purposes of capital expenditure required to be incurred by the water services authority in complying with a condition of a licence or certificate or revised licence or revised certificate granted by the Agency.
Revocation
47. With effect from 22 December 2013, the Protection of Groundwater Regulations 1999 ( S.I. No. 41 of 1999 ) are revoked.
SCHEDULE 1 Indicative List of Main Pollutants
Main pollutants
1
Organohalogen compounds and substances which may form such compounds in the aquatic environment
2
Organophosphorus compounds
3
Organotin compounds
4
Substances and preparations, or the breakdown products of such, which have been proved to possess carcinogenic or mutagenic properties or properties which may affect steroidogenic, thyroid, reproduction or other endocrine-related functions in or via the aquatic environment
5
Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances
6
Cyanides
7
Metals and their compounds
8
Arsenic and its compounds
9
Biocides and plant protection products
10
Materials in suspension
11
Substances which contribute to eutrophication (in particular, nitrates and phosphates)
12
Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.).
SCHEDULE 2 Prescribed dates for the purpose of Regulation 5(1)
Population Equivalent of Agglomeration(1)
Prescribed Date(2)
Discharges from agglomerations with a population equivalent of more than 10,000
14 December 2007
Discharges from agglomerations with a population equivalent of 2,001 to 10,000
22 September 2008
Discharges from agglomerations with a population equivalent of 1,001 to 2,000
28 February 2009
Discharges from agglomerations with a population equivalent of 500 to 1,000
22 June 2009
SCHEDULE 3 Fees payable to the Agency in respect of an application for a licence or a certificate or for the review of a licence or of a certificate
Class of waste water discharges(1)
Amount of fee to accompany an application (2)
Amount of fee to accompany an application for a review (3)
Discharges from agglomerations with a population equivalent of more than 10,000
€30,000
€22,500
Discharges from agglomerations with a population equivalent of 2,001 to 10,000
€25,000
€20,000
Discharges from agglomerations with a population equivalent of 1,001 to 2,000
€15,000
€12,000
Discharges from agglomerations with a population equivalent of 500 to 1,000
€10,000
€6,000
Discharges from agglomerations with a population equivalent of less than 500
€3,000
€2,000
/images/ls
GIVEN under my Official Seal,
27 September 2007
JOHN GORMLEY
Minister for the Environment, Heritage and Local Government
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations provide for the commencement and operation of authorisation by the Environmental Protection Agency of local authority waste water discharges. The Regulations require discharges from agglomerations with population equivalents greater than 500 to be licensed and set out procedures for the making of licence applications, reviews of licences and the making of submissions. Discharges from agglomerations with a population equivalent below 500 are required to be certified by the EPA.
The Regulations also prescribe the dates by which specified classes of waste water discharges must have been the subject of a licence application or certification.
1 OJ No. L 64, 4.3.2006
2 OJ No. L 327, 22.12.2000
3 Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ No. L 103, 25.4.1979)
4 Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances (OJ No. L 20, 26.1.1980) and Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ No. L 372, 27.12.2006)
5 Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ No. L 330, 5.12.1998)
6 Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ No. L 135, 30.5.1991)
7 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ No. L 206, 22.7.1992)
8 Council Directive 2006/7/EC of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (OJ No. L 64, 4.3.2006)
9 OJ No. L 64, 4.3.2006
10 OJ No. L 81, 27.3.1982
11 OJ No. L 291, 24.10.1983
12 OJ No. L 74, 17.3.1984
13 OJ No. L 274, 17.10.1984
14 OJ No. L 181, 4.7.1986
15 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ No. L 206, 22.7.1992)
16 Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ No. L 103, 25.4.1979)
17 OJ No. L 327, 22.12.2000
S.I. No. 79/2008 –
Bathing Water Quality Regulations 2008
Regulation
1. Citation.
2. Interpretation.
3. Application.
4. Identification of bathing waters.
5. Bathing water profile.
6. Monitoring calendar.
7. Duty of local authority to monitor bathing water.
8. Suspension of monitoring in abnormal situation.
9. Analysis of water samples.
10. Water quality data to be reported and compiled.
11. Assessment of water quality.
12. Classification of bathing water.
13. Bathing water quality status to be achieved.
14. Measures to be taken regarding “poor” bathing water.
15. Management measures in certain circumstances.
16. Management measures to be reported.
17. Public participation.
18. Information to the public.
19. Reports to the Commission.
20. Advice, recommendations and directions by EPA.
21. General policy directions by Minister.
22. Private operators.
23. Offences and applications to court.
24. Co-operation on transboundary waters.
25. Application of other enactments.
26. Public safety measures.
27. Transitional provisions.
28. Revocations.
Schedule 1
Bathing water profile
Schedule 2
Monitoring calendar and sampling
Schedule 3
Monitoring, inspections and investigations to be carried out
Schedule 4
Parameters and reference methods
Schedule 5
Rules on the handling of samples for microbiological analyses
Schedule 6
Bathing water assessment and classification
S.I. No. 79 of 2008
BATHING WATER QUALITY REGULATIONS 2008
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 28th March, 2008.
WHEREAS, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, having regard to section 3(3) of the European Communities Act 1972 (as inserted by section 2 of the European Communities Act 2007 ) (hereinafter referred to as the Act of 1972), consider it necessary for the purpose of giving full effect to Directive 2000/60/EC of 23 October 2000 1 and Directive 2006/7/EC of 15 February 2006 2 make provision for offences under the following Regulations to be prosecuted on indictment:
AND WHEREAS, I consider that it is necessary, having further regard to section 3(3) of the Act of 1972, and for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following Regulations are effective, proportionate and have a deterrent effect, having regard to the acts or omissions of which the offence consists, to make such provision in the following Regulations:
NOW THEREFORE, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No.27 of 1972) as amended by the European Communities Act 2007 (No. 18 of 2007) and for the purpose of giving effect to Directive 2000/60/EC of 23 October 2000 and Directive 2006/7/EC of 15 February 2006, hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Bathing Water Quality Regulations 2008.
Interpretation
2. (1) Any word or expression which is used in these Regulations and is also used in the Directive has the same meaning as in the Directive except where these Regulations provide otherwise.
(2) In these Regulations, save where the context otherwise requires—
“the 1992 Regulations” means the Quality of Bathing Waters Regulations, 1992 ( S.I. No. 155 of 1992 );
“abnormal situation” means an event or combination of events impacting on bathing water quality at the location concerned and not expected to occur on average more than once every four years;
“bathing water” means water identified by a local authority in accordance with Regulation 4;
“bathing season” in any year means the period from 1 June to 15 September in that year;
“the Commission” means the Commission of the European Communities;
“cyanobacterial proliferation” means an accumulation of cyanobacteria in the form of a bloom, mat or scum;
“the Directive” means Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC;
“the EPA” means the Environmental Protection Agency;
“local authority” means a city council or a county council;
“management measures” means the following measures undertaken with respect to bathing water:
(a) establishing and maintaining a bathing water profile;
(b) establishing a monitoring calendar;
(c) monitoring a bathing water;
(d) assessing bathing water quality;
(e) classifying bathing water;
(f) identifying and assessing causes of pollution that might affect bathing waters and impair the health of bathers;
(g) giving information to the public;
(h) taking action to prevent the exposure of bathers to pollution;
(i) taking action to reduce the risk of pollution;
“the Minister” means the Minister for the Environment, Heritage and Local Government;
“permanent” means, in relation to a bathing prohibition or advice against bathing, lasting for at least one whole bathing season;
“pollution” means the presence of microbiological contamination or other organisms or waste affecting bathing water quality and presenting a risk to the health of bathers as referred to in Regulation 15, Schedule 3 and column A of Schedule 4;
“set of bathing water quality data” means data compiled in accordance with Regulations 7 and 10;
“short-term pollution” means microbiological contamination as referred to in Schedule 4, column A that has clearly identifiable causes, is not normally expected to affect bathing water quality for more than approximately 72 hours after the bathing water quality is first affected and for which the relevant local authority has established procedures to predict and deal with as set out in Schedule 6.
Application
3. These Regulations do not apply to—
(a) swimming pools and spa pools;
(b) confined waters subject to treatment or used for therapeutic purposes, or
(c) artificially created confined waters separated from surface water and groundwater.
Identification of bathing waters
4. (1) A local authority shall, in accordance with this Regulation, on or before 24 March in each year identify all bathing waters in relation to the bathing season in that year and shall notify the EPA, in such form and in such manner as may be specified by the EPA, of the bathing waters so identified including the reason for any change compared to the previous year.
(2) The bathing waters to be identified by a local authority shall be all elements of surface water where the authority expects a large number of people to bathe and where such water—
(a) lies within the functional area of the authority, or
(b) is immediately contiguous to the functional area of the local authority and does not lie within the functional area of any local authority.
(3) The bathing waters to be identified by a local authority in respect of a bathing season shall not include any waters in relation to which the authority has issued a permanent prohibition or advice against bathing, and such prohibition or advice relates to the whole bathing season.
(4) A local authority shall take appropriate measures in accordance with Regulation 17 for public participation in the identification of bathing waters.
(5) (a) A local authority, or two or more local authorities acting by agreement, may subdivide or, subject to subparagraph (b), group together existing bathing waters in the light of the bathing water quality assessments carried out in accordance with Regulation 11.
(b) Bathing waters shall not be grouped together unless those waters—
(i) are contiguous;
(ii) received similar assessments for the preceding four years in accordance with paragraphs (1), (2), (3) and (4)(c) of Regulation 11, and
(iii) have bathing water profiles established in accordance with Regulation 5 all of which identify common risk factors or the absence thereof.
(6) In this Regulation “large number” means, in relation to bathers, a number that the local authority considers to be large having regard, in particular, to past trends or to any infrastructure or facilities provided, or other measures taken, to promote bathing.
(7) Bathing waters shall be first identified and notified to the EPA by a local authority in accordance this Regulation not later than 24 March 2011.
Bathing water profile
5. (1) A local authority shall, in relation to each bathing water identified by the authority in accordance with Regulation 4, establish a bathing water profile in accordance with this Regulation and Schedule 1 and shall send a copy of the profile to the EPA in such form and in such manner as may be specified by the EPA.
(2) A bathing water profile may cover one bathing water or two or more contiguous bathing waters.
(3) A bathing water profile shall be reviewed and updated by a local authority in accordance with Schedule 1 and, following each such review, the local authority shall send to the EPA, in such form and manner as may be specified by the EPA, a report of the review and, where applicable, the updated bathing water profile.
(4) Where it is necessary in accordance with Schedule 1 to review or update a bathing water profile in any year, a local authority shall, as far as is practicable, not later than 24 March in that year—
(a) carry out the review and update, and
(b) send a report of the review and, where appropriate, a copy of the updated profile to the EPA.
(5) A report of a review shall indicate the measures taken to improve water quality at a bathing water during the period since the most recent review or update of the bathing water profile, the effectiveness of those measures and the basis for any additional measures proposed.
(6) A bathing water profile shall be first established in accordance with this Regulation by a local authority, and a copy of the profile sent by the authority to the EPA, not later than 24 March 2011 in relation to each bathing water identified by the authority on or before that day in accordance with Regulation 4.
Monitoring calendar
6. (1) A local authority shall, on or before 24 March in each year in relation to each bathing water identified by the authority in accordance with Regulation 4, establish a monitoring calendar in accordance with this Regulation and Schedule 2 and send a copy of the calendar to the EPA in such form and such manner as may be specified by the EPA.
(2) A monitoring calendar shall be first established in accordance with this Regulation by a local authority, and a copy of the calendar sent by the authority to the EPA, not later than 24 March 2011 in relation to each bathing water identified by the authority on or before that day in accordance with Regulation 4.
Duty of local authority to monitor bathing water
7. (1) A local authority shall, in relation to each bathing water identified by the authority in accordance with Regulation 4, carry out the monitoring, inspections and investigations specified in Schedule 3 and shall compile sets of bathing water quality data on the basis of such monitoring in such form and manner as may be specified by the EPA.
(2) The monitoring specified in paragraph (1) shall, subject to Regulation 8 and Schedule 2, be carried out in relation to a bathing water in accordance with the monitoring calendar established for that bathing water.
(3) The monitoring point in a bathing water shall be the location within the bathing water where—
(a) most bathers are expected, or
(b) the greatest risk of pollution is expected in accordance with the bathing water profile.
(4) Samples taken during short-term pollution may be disregarded and, where samples are so disregarded, they shall be replaced by samples taken in accordance with Schedule 2.
(5) A local authority shall, in addition to the monitoring specified in paragraph (1), carry out such additional monitoring in relation to bathing waters as may be specified by the EPA in accordance with Regulation 20 and shall compile sets of bathing water quality on the basis of the results of such monitoring in such form and manner as may be specified by the EPA.
(6) The monitoring of bathing waters in accordance with this Regulation shall be first carried out in relation to a bathing season not later than the bathing season in the year 2011.
Suspension of monitoring in abnormal situation
8. (1) A local authority may, with the approval of the EPA, suspend the monitoring calendar during abnormal situations.
(2) Where a monitoring calendar is suspended in an abnormal situation it shall be resumed as soon as possible after the end of that situation.
(3) New samples shall be taken as soon as possible after the end of an abnormal situation to replace samples that are missing due to that situation.
(4) A local authority shall ensure, in accordance with Regulation 18(1), that information in relation to the suspension and the abnormal situation is actively disseminated and promptly made available during the bathing season in an easily accessible place in the near vicinity of the bathing water.
Analysis of water samples
9. (1) A local authority shall, subject to paragraph (2), ensure that the analysis of bathing water quality takes place in accordance with the reference methods specified in Schedule 4 and the rules specified in Schedule 5.
(2) A local authority may, with the approval of the EPA, use reference methods or rules for the analysis of bathing water quality other than the methods specified in Schedule 4 or rules specified in Schedule 5.
(3) The EPA shall not grant approval to a local authority for the use of other methods or rules for the analysis of bathing water quality unless the EPA is satisfied that those other methods will provide results which are equivalent to those which would be obtained using the methods specified in Schedule 4 and the rules specified in Schedule 5.
Water quality data to be reported and compiled
10. (1) A local authority shall send to the EPA not later than 15 October in each year the results of the monitoring, investigations and inspections carried out in relation to each bathing water by the authority during that year.
(2) The information to be sent to the EPA by a local authority in accordance with paragraph (1) shall be provided in such form and manner as may be specified by the EPA.
(3) The EPA shall compile sets of bathing water quality data on the basis of the results supplied by local authorities in accordance with this Regulation.
Assessment of water quality
11. (1) The EPA shall, subject to this Regulation, carry out an assessment—
(a) in relation to each bathing water;
(b) after the end of each bathing season;
(c) on the basis of sets of bathing water quality data comprising at least 16 samples or, in the case of a bathing water situated in a region subject to special geographical constraints, 12 samples, and
(d) in accordance with the procedures set out in Schedule 6.
(2) Subject to paragraphs (3) and (4), a bathing water quality assessment in any year shall be carried out on the basis of the sets of bathing water quality data compiled in relation to the bathing season in that year and the three preceding bathing seasons.
(3) (a) Assessments of the quality of bathing waters may be carried out by the EPA in any year on the basis of the sets of bathing water quality data compiled in relation to the bathing season in that year and the two preceding bathing seasons provided that—
(i) the EPA has notified the Commission before the carrying out of the assessments, and
(ii) the EPA has not changed the applicable assessment period within the previous five years.
(b) Where the EPA carries out assessments of the quality of bathing waters on the basis of the data for three bathing seasons in accordance with subparagraph (a), it may revert to the assessment of bathing waters on the basis of the data for four bathing seasons in accordance with paragraph (2) provided that—
(i) the EPA has notified the Commission before the carrying out of the assessments on the basis of four bathing seasons, and
(ii) the EPA has not changed the applicable assessment period within the previous five years.
(4) A bathing water quality assessment may be carried out in relation to a bathing water on the basis of a set of bathing water quality data relating to fewer than four bathing seasons in case where—
(a) the bathing water is newly identified, or
(b) any changes have occurred that are likely to affect the classification of the bathing water in accordance with Regulation 12, in which case the assessment shall be carried out on the basis of a set of bathing water quality data consisting solely of the results for samples collected since the changes occurred, or
(c) the bathing water has already been assessed in accordance with the 1992 Regulations, in which case equivalent data gathered under those Regulations shall be used and, for this purpose, the parameters faecal coliforms and faecal streptococci shall be deemed to be equivalent, respectively, to the parameters Escherichia coli and intestinal enterococci.
Classification of bathing water
12. (1) The EPA shall, subject to paragraph (2) and on the basis of the assessment of bathing water quality carried out in accordance with Regulation 11, classify each bathing water as “poor”, “sufficient”, “good” or “excellent” in accordance with the criteria set out in Schedule 6 on or before 31 December in each year in relation to the preceding bathing season.
(2) The EPA shall first classify bathing waters in accordance with this Regulation on or before 15 September 2015.
Bathing water quality status to be achieved
13. (1) A local authority shall, subject to Regulations 14 and 15, ensure that the quality of all bathing waters identified by the authority in accordance with Regulation 4 shall be classified as having water quality status not less than “sufficient” by 15 September 2015.
(2) A local authority shall, subject to Regulations 14 and 15, take all such realistic and proportionate measures as they consider appropriate with a view to increasing the number of bathing waters classified as “good” or “excellent”.
Measures to be taken regarding “poor” bathing water
14. (1) A local authority shall not be in contravention of Regulation 13 in respect of a bathing water which is classified as “poor” in case where all the following measures are taken in relation to that bathing water with effect from the bathing season that follows the classification—
(a) adequate management measures, including the issue of a bathing prohibition or advice against bathing, with a view to preventing the exposure of bathers to pollution;
(b) identification of the causes and reasons for the failure to achieve at least “sufficient” quality status;
(c) adequate measures to prevent, reduce or eliminate the causes of pollution;
(d) in accordance with Regulation 18(2), alerting the public by a clear and simple warning sign and informing them of the causes of the pollution and measures taken, on the basis of the bathing water profile.
(2) A local authority shall not be in contravention of Regulation 13 in respect of a bathing water which is the subject of a permanent bathing prohibition or advice against bathing issued in accordance with paragraph (3) or (4).
(3) A local authority shall issue a permanent bathing prohibition or advice against bathing in relation to a bathing water that has been classified as “poor” for five consecutive years.
(4) A local authority may, with the approval of the EPA, issue a permanent bathing prohibition or advice against bathing in relation to a bathing water that has been classified as “poor” in case where the authority considers that the achievement of the quality status “sufficient” would be infeasible or disproportionately expensive.
(5) A local authority shall notify the EPA promptly of the issue by the authority of a permanent bathing prohibition or advice against bathing in relation to any bathing water.
Management measures in certain circumstances
15. (1) A local authority shall ensure that timely and adequate management measures, including the provision of information to the public, are taken when they are aware of unexpected situations that have, or could reasonably be expected to have, an adverse impact on bathing water quality and on the health of bathers and such measures shall, if necessary, include a temporary bathing prohibition or advice against bathing.
(2) Where cyanobacterial proliferation occurs and a health risk has been identified or presumed, adequate management measures, including the provision of information to the public, shall be taken immediately by a local authority to prevent exposure of bathers to risk.
(3) Where a bathing water profile indicates a tendency for proliferation of macro-algae or marine phytoplankton, adequate management measures, including the provision of information to the public, shall be taken by the relevant local authority.
(4) Where pollution such as tarry residues, glass, plastic, rubber or any other waste is found in a bathing water, adequate management measures shall be taken and shall include, if necessary, information to the public.
(5) A local authority shall promptly notify the EPA and the Health Service Executive of any situation that has, or could reasonably be expected to have, an adverse impact on bathing water quality and on the health of bathers.
Management measures to be reported
16. (1) A local authority shall send to the EPA not later than 15 October in each year a report of the management measures taken in relation to each bathing water in accordance with Regulations 4 to 9, 13(2), 14, 15, 17, 18 and 22 and Schedule 6.
(2) A report sent to the EPA in accordance with paragraph (1) shall be provided in such form and manner as may be specified by the EPA.
Public participation
17. (1) A local authority shall encourage public participation in the implementation of these Regulations and shall ensure the provision of opportunities for the public concerned—
(a) to find out how to participate, and
(b) to formulate suggestions, remarks or complaints.
(2) Without prejudice to the generality of paragraph (1), a local authority shall encourage public participation in relation to the establishment, review and updating of lists of bathing waters in accordance with Regulation 4.
(3) A local authority shall take due account of any information obtained in the context of public participation.
Information to the public
18. (1) A local authority shall ensure that the following information is actively disseminated and promptly made available during the bathing season in an easily accessible place in the near vicinity of the bathing water:
(a) the current bathing water classification and any prohibition or advice against bathing referred to in this Regulation by means of a clear and simple sign or symbol;
(b) a general description of the bathing water, in non-technical language, based on the bathing water profile established in accordance with Regulation 5;
(c) in the case of bathing water subject to short-term pollution—
(i) notification that the bathing water is subject to short-term pollution;
(ii) an indication of the number of days on which bathing was prohibited or advised against during the preceding bathing season because of such pollution, and
(iii) a warning whenever such pollution is present or predicted;
(d) information on the nature and expected duration of abnormal situations during such events;
(e) whenever bathing is prohibited or advised against, a notice advising the public and giving reasons;
(f) whenever a permanent bathing prohibition or advice against bathing is introduced, the fact that the area concerned is no longer a bathing water and the reasons for its declassification;
(g) an indication of sources of more complete information in accordance with paragraph (2).
(2) A local authority shall use appropriate media and technologies, including the Internet, to disseminate actively and promptly the information concerning bathing waters specified in paragraph (1) and also the following information in several languages where appropriate—
(a) a list of bathing waters;
(b) the classification of each bathing water over the last three years and its bathing water profile, including the results of monitoring carried out in accordance with these Regulations since the most recent classification;
(c) in the case of bathing waters classified as being at water quality status “poor”, information on the causes of pollution and measures taken with a view to preventing the exposure of bathers to pollution and to tackle its causes as specified in Regulation 14;
(d) in the case of bathing waters subject to short-term pollution, general information on—
(i) conditions likely to lead to short-term pollution;
(ii) the likelihood of such pollution and its likely duration, and
(iii) the causes of the pollution and measures taken with a view to preventing the exposure of bathers to pollution and to tackle its causes.
(3) The list of bathing waters specified in paragraph (2)(a) shall be made available before the start of the bathing season.
(4) The results of monitoring specified in paragraph (2)(b) shall be made available on the Internet upon completion of the analysis of the relevant water samples.
(5) A local authority shall, wherever possible, provide information to the public using georeferenced technology and present it in a clear and coherent manner, in particular through the use of signs and symbols.
(6) The information to be disseminated by a local authority in accordance with paragraph (2) may be disseminated by the authority or, with the consent of the authority, by the EPA on behalf of the authority.
(7) The information specified in paragraphs (1) and (2) shall, with effect from 1 June 2012, be disseminated as soon as it becomes available.
Reports to the Commission
19. (1) The EPA shall notify the Commission before 1 June each year of all waters identified as bathing waters for that year including the reason for any change compared to the previous year.
(2) The EPA shall, in relation to each bathing water, provide the Commission before 31 December each year with—
(a) the results of the monitoring for the preceding bathing season;
(b) the bathing water quality assessment;
(c) a description of the significant management measures taken;
(d) notice of any suspension of a monitoring calendar approved by the EPA in accordance with Regulation 8 and the reasons for each such suspension, and
(e) all relevant information about methods or rules approved by the EPA in accordance with Regulation 9(2) for the analysis of bathing water quality other than the methods and rules specified in Regulation 9(1) and their equivalence.
(3) The first report to be sent to the Commission—
(a) in accordance with paragraph (1) shall be sent not later than 1 June 2008, and
(b) in accordance with paragraph (2) shall be sent as soon as may be after an assessment has been carried out in accordance with Regulation 11 in relation to the bathing water.
Advice, recommendations and directions by EPA
20. (1) The EPA may give such advice, recommendations and directions to a local authority as it considers necessary for the purposes of promoting the consistent and effective implementation of these Regulations or the proper monitoring and management of bathing waters.
(2) A local authority shall have regard to any advice or recommendations, and shall comply with any directions, given by the EPA in accordance with paragraph (1).
General policy directions by Minister
21. (1) The Minister may give general directions in writing to the EPA or to a local authority in relation to the performance by the EPA or the authority of its functions under these Regulations and, in performing those functions, the EPA or authority, as the case may be, shall have regard to those directions.
(2) Paragraph (1) shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by the EPA or a local authority of a function conferred on it by these Regulations.
Private operators
22. (1) A local authority may serve notice on a private operator directing that operator to take such measures as may be specified in the notice in relation to the relevant bathing water and the period within which such measures are to be taken.
(2) It shall be the duty of a private operator to comply with the terms of a notice issued in accordance with paragraph (1).
(3) The measures specified in a notice issued to a private operator in accordance with paragraph (1) may include any measures required by these Regulations to be taken by a local authority in relation to a bathing water.
(4) A private operator shall, to such extent as may be requested by the authority or the EPA, pay to a local authority or the EPA the amount of any expenditure reasonably incurred by the local authority or the EPA, as the case may be, under these Regulations in relation to the relevant bathing water and, in default of such payment, the amount may be recovered from the private operator by the authority or the EPA, as the case may be, as a simple contract debt in any court of competent jurisdiction.
(5) In this Regulation—
(a) “private operator”, in relation to a bathing water, means a person other than a local authority who has control of the land which is—
(i) normally used to access the bathing water from the landward side, and
(ii) immediately adjacent to the bathing water or, in the case of bathing water which is tidal, immediately above the high water mark;
(b) “relevant bathing water”, in relation to a private operator, means the bathing water to which access is normally gained by use of land controlled by that private operator.
Offences and applications to court
23. (1) Where a local authority or a private operator (within the meaning of Regulation 22) contravenes or fails to comply with a requirement of these Regulations, the authority or the private operator, as the case may be, shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding €5,000, and
(b) on conviction on indictment, to a fine not exceeding €500,000.
(2) A summary prosecution for an offence under these Regulations may be taken by the EPA or by a local authority.
(3) (a) Where on application by motion by any person to the District Court, Circuit Court or the High Court, the court hearing the application is satisfied that a person has failed or is failing to comply with a provision of these Regulations, the court may by order—
(i) direct the person to comply with the provision,
(ii) make such other provision, including provision in relation to the payment of costs, as the court considers appropriate, and
(iii) make such interim or interlocutory order as it considers appropriate.
(b) An application for an order under this Regulation may be made whether or not there has been a prosecution for an offence under these Regulations in relation to the relevant failure of compliance and shall not prejudice the initiation of a prosecution for an offence under these Regulations in relation to the failure of compliance.
Co-operation on transboundary waters
24. Wherever a river basin gives rise to transboundary impacts on water quality, the Minister, the EPA and the relevant local authorities shall co-operate as appropriate in the implementation of the Directive, including through the appropriate exchange of information and joint action to control those impacts.
Application of other enactments
25. (1) The powers, duties and functions assigned to a local authority or the EPA by these Regulations are additional to, and not in substitution for, the powers, duties and functions assigned by the Local Government (Water Pollution) Acts 1977 and 1990, the Environmental Protection Agency Acts 1992 and 2003 or any other statute.
(2) Sections 28 and 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977) and sections 23 , 26 and 28 of the Local Government (Water Pollution)(Amendment) Act, 1990 (No. 21 of 1990) shall apply in relation to these Regulations and for this purpose these Regulations shall be deemed to have been made under those Acts.
Public safety measures
26. The provision by a local authority of lifeguard services, life-saving equipment or other services or facilities to protect public safety or public health shall not be regarded as measures to promote bathing.
Transitional provisions
27. (1) The waters at a bathing area specified in the First Schedule to the 1992 Regulations shall, in the period prior to the first identification of bathing waters by a local authority in accordance with Regulation 4, be deemed to be bathing waters identified for the purposes of these Regulations by the local authority specified in that Schedule as the responsible authority for the relevant area.
(2) In the period prior to the first establishment of a monitoring calendar in relation to a bathing water in accordance with Regulation 6, monitoring shall commence each year with the taking of samples in mid-May and shall continue to the end of August with samples being taken at frequencies which comply with Article 4(5) of the 1992 Regulations.
(3) When monitoring of bathing waters has started under these Regulations, annual reporting to the Commission in accordance with Regulation 19(2) shall continue to take place pursuant to Directive 76/160/EEC 1 until a first assessment can be made in accordance with Regulation 11 and during this period—
(a) the parameter total coliforms shall not be taken into account, and
(b) the parameters faecal coliforms and faecal streptococci shall be deemed to be equivalent, respectively, to the parameters Escherichia coli and intestinal enterococci.
Revocations
28. The 1992 Regulations are revoked with effect from 31 December 2014.
Regulation 5.
SCHEDULE 1
BATHING WATER PROFILE
1. The bathing water profile referred to in Regulation 5 is to consist of:
(a) a description of the physical, geographical and hydrological characteristics of the bathing water, and of other surface waters in the catchment area of the bathing water concerned, that could be a source of pollution, which are relevant to the purpose of this Directive and as provided for in Directive 2000/60/EC;
(b) an identification and assessment of causes of pollution that might affect bathing waters and impair bathers’ health;
(c) an assessment of the potential for proliferation of cyanobacteria;
(d) an assessment of the potential for proliferation of macro-algae or phytoplankton;
(e) if the assessment under point (b) shows that there is a risk of short-term pollution, the following information:
— the anticipated nature, frequency and duration of expected short-term pollution;
— details of any remaining causes of pollution, including management measures taken and the time schedule for their elimination;
— management measures taken during short-term pollution and the identity and contact details of bodies responsible for taking such action;
(f) the location of the monitoring point.
2. In the case of bathing waters classified as “good”, “sufficient” or “poor”, the bathing water profile is to be reviewed regularly to assess whether any of the aspects listed in paragraph 1 have changed. If necessary, it is to be updated. The frequency and scope of reviews is to be determined on the basis of the nature and severity of the pollution. However, they are to comply with at least the provisions and to take place with at least the frequency specified in the following table:
Bathing water classification
Good
Sufficient
Poor
Reviews are to take place at least every
four years
three years
two years
Aspects to be reviewed (points of paragraph 1)
(a) to (f)
(a) to (f)
(a) to (f)
In the case of bathing waters previously classified as “excellent”, the bathing water profiles need be reviewed and, if necessary, updated only if the classification changes to “good”, “sufficient” or “poor”. The review is to cover all aspects mentioned in paragraph 1.
3. In the event of significant construction works or significant changes in the infrastructure in or in the vicinity of the bathing water, the bathing water profile is to be updated before the start of the next bathing season.
4. The information referred to in paragraph 1(a) and (b) is to be provided on a detailed map whenever practicable.
5. Other relevant information may be attached or included if the local authority considers it appropriate.
6. When establishing, reviewing or updating a bathing water profile, adequate use shall be made of data obtained from monitoring and assessments carried out in accordance with the European Communities (Water Policy) Regulations, 2003 ( S.I. No. 722 of 2003 ) or otherwise pursuant to Directive 2000/60/EC.
7. A bathing water profile shall contain such other information as the relevant local authority considers appropriate.
Regulation 6.
SCHEDULE 2
MONITORING CALENDAR AND SAMPLING
1. One sample is to be taken shortly before the start of each bathing season. Taking account of this extra sample and subject to paragraph 2, no fewer than four samples are to be taken and analysed per bathing season.
2. Only three samples need be taken and analysed per bathing season in the case of a bathing water that is situated in a region which, in the opinion of the EPA, is subject to special geographical constraints.
3. Sampling dates are to be distributed throughout the bathing season, with the interval between sampling dates never exceeding one month.
4. Monitoring shall take place no later than four days after the date specified in the monitoring calendar.
5. In the event of short-term pollution, one additional sample is to be taken to confirm that the incident has ended. This sample is not to be part of the set of bathing water quality data. If necessary to replace a disregarded sample, an additional sample is to be taken seven days after the end of the short-term pollution.
Regulation 7.
SCHEDULE 3
MONITORING, INSPECTIONS AND INVESTIGATIONS TO BE CARRIED OUT
1. Bathing waters shall be monitored in respect of the parameters intestinal enterococci and escherichia coli.
2. Bathing waters shall be inspected visually for pollution such as tarry residues, glass, plastic, rubber or any other waste.
3. Where the bathing water profile established in relation to a bathing water indicates a potential for cyanobacterial proliferation, a local authority shall carry out appropriate monitoring to enable timely identification of health risks.
4. Where the bathing water profile established in relation to a bathing water indicates a tendency for proliferation of macro-algae or marine phytoplankton, a local authority shall undertake investigations to determine their acceptability and health risks.
Regulation 9.
SCHEDULE 4
PARAMETERS AND REFERENCE METHODS
For inland waters
A
B
C
D
E
Parameter
Excellentquality
Good quality
Sufficient quality
Reference methodsof analysis
1
Intestinal enterococci (cfu/100 ml)
200 (*)
400 (*)
330 (**)
ISO 7899-1 or ISO 7899-2
2
Escherichia coli (cfu/100ml)
500(*)
1,000(*)
900 (**)
ISO 9308-3 orISO 9308-1
(*) Based upon a 95-percentile evaluation. See Schedule 6.
(**) Based upon a 90-percentile evaluation. See Schedule 6.
For coastal waters and transitional waters
A
B
C
D
E
Parameter
Excellentquality
Good quality
Sufficient quality
Reference methodsof analysis
1
Intestinal enterococci (cfu/100 ml)
100 (*)
200 (*)
185 (**)
ISO 7899-1 or ISO 7899-2
2
Escherichia coli (cfu/100ml)
250(*)
500 (*)
500 (**)
ISO 9308-3 orISO 9308-1
(*) Based upon a 95-percentile evaluation. See Schedule 6.
(**) Based upon a 90-percentile evaluation. See Schedule 6.
Regulation 9.
SCHEDULE 5
RULES ON THE HANDLING OF SAMPLES FOR MICROBIOLOGICAL ANALYSES
1. Sampling point
Where possible, samples are to be taken 30 centimetres below the water’s surface and in water that is at least one metre deep.
2. Sterilisation of sample bottles
Sample bottles are:
— to undergo sterilisation in an autoclave for at least 15 minutes at 121 °C, or
— to undergo dry sterilisation at between 160 °C and 170 °C for at least one hour, or
— to be irradiated sample containers obtained directly from manufacturer.
3. Sampling
The volume of the sampling bottle/container is to depend on the quantity of water needed for each parameter to be tested. The minimum content is generally to be 250 ml.
Sample containers are to be of transparent and non-coloured material (glass, polyethene or polypropylene).
In order to prevent accidental contamination of the sample, the sampler is to employ an aseptic technique to maintain the sterility of the sample bottles. There is no further need for sterile equipment (such as sterile surgical gloves or tongs or sample pole) if this is done properly.
The sample is to be clearly identified in indelible ink on the sample container and on the sampling form.
4. Storage and transport of samples before analysis
Water samples are to be protected at all stages of transport from exposure to light, in particular direct sunlight.
The sample is to be conserved at a temperature of around 4 °C, in a cool box or refrigerator (depending on climate) until arrival at the laboratory. If the transport to the laboratory is likely to take more than four hours, then transport in a refrigerator is required.
The time between sampling and analysis is to be kept as short as possible. Samples are to be analysed on the same working day where possible. If this is not possible for practical reasons, then the samples shall be processed within no more than 24 hours. In the meantime, they shall be stored in the dark and at a temperature of 4 °C ± 3 °C.
Regulation 11.
SCHEDULE 6
BATHING WATER ASSESSMENT AND CLASSIFICATION
1. Poor quality
Bathing waters are to be classified as “poor” if, in the set of bathing water quality data for the last assessment period (a), the percentile values (b) for microbiological enumerations are worse (c) than the “sufficient quality” values set out in Schedule 4, column D.
2. Sufficient quality
Bathing waters are to be classified as “sufficient”:
1. if, in the set of bathing water quality data for the last assessment period, the percentile values for microbiological enumerations are equal to or better (d) than the “sufficient” values set out in Schedule 4, column D; and
2. if the bathing water is subject to short-term pollution, on condition that:
(i) adequate management measures are being taken, including surveillance, early warning systems and monitoring, with a view to preventing bathers’ exposure by means of a warning or, where necessary, a bathing prohibition;
(ii) adequate management measures are being taken to prevent, reduce or eliminate the causes of pollution; and
(iii) the number of samples disregarded in accordance with Regulation 7(4) because of short-term pollution during the last assessment period represented no more than 15% of the total number of samples provided for in the monitoring calendars established for that period, or no more than one sample per bathing season, whichever is the greater.
3. Good quality
Bathing waters are to be classified as “good”:
1. if, in the set of bathing water quality data for the last assessment period, the percentile values for microbiological enumerations are equal to or better ( d ) than the “good quality” values set out in Schedule 4, column C; and
2. if the bathing water is subject to short-term pollution, on condition that:
(i) adequate management measures are being taken, including surveillance, early warning systems and monitoring, with a view to preventing bathers’ exposure, by means of a warning or, where necessary, a bathing prohibition;
(ii) adequate management measures are being taken to prevent, reduce or eliminate the causes of pollution; and
(iii) the number of samples disregarded in accordance with Regulation 7(4) because of short-term pollution during the last assessment period represented no more than 15% of the total number of samples provided for in the monitoring calendars established for that period, or no more than one sample per bathing season, whichever is the greater.
4. Excellent quality
Bathing waters are to be classified as “excellent”:
1. if, in the set of bathing water quality data for the last assessment period, the percentile values for microbiological enumerations are equal to or better than the “excellent quality” values set out in Schedule 4, column B; and
2. if the bathing water is subject to short-term pollution, on condition that:
(i) adequate management measures are being taken, including surveillance, early warning systems monitoring, with a view to preventing bathers’ exposure, by means of warning or, where necessary, a bathing prohibition;
(ii) adequate management measures are being taken to prevent, reduce or eliminate the causes of pollution; and
(iii) the number of samples disregarded in accordance with Regulation 7(4) because of short-term pollution during the last assessment period represented no more than 15% of the total number of samples provided for in the monitoring calendars established for that period, or no more than one sample per bathing season, whichever is the greater.
NOTES
(a) ‘Last assessment period’ means the last four bathing seasons or, when applicable, the period specified in Regulation 11(3) or (4).
(b) Based upon percentile evaluation of the log 10 normal probability density function of microbiological data acquired from the particular bathing water, the percentile value is derived as follows:
(i) take the log 10 value of all bacterial enumerations in the data sequence to be evaluated. (If a zero value is obtained, take the log 10 value of the minimum detection limit of the analytical method used instead.)
(ii) calculate the arithmetic mean of the log10 values (µ)
(iii) calculate the standard deviation of the log10 values (σ)
The upper 90-percentile point of the data probability density function is derived from the following equation: upper 90-percentile = antilog (µ + 1,282 σ).
The upper 95-percentile point of the data probability density function is derived from the following equation: upper 95-percentile = antilog (µ + 1,65 σ).
(c) ‘Worse’ means with higher concentration values expressed in cfu/100 ml.
(d) ‘Better’ means with lower concentration values expressed in cfu/100 ml.
/images/ls
GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government
20 March 2008
JOHN GORMLEY
Minister for the Environment, Heritage and Local Government
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations provide for transposition of the EU Bathing Water Directive 2006 (Directive 2006/7/EC of 15 February 2006) which aims—
•to improve health protection for bathers
•to establish a more pro-active approach to management of bathing waters, and
•to promote increased public involvement and dissemination of information to the public.
The Regulations establish a new classification system for bathing water quality based on four classifications “poor”, “sufficient”, “good” and “excellent” and generally require that a classification of at least “sufficient” be achieved by 2015 for all bathing waters. Local authorities must take appropriate measures with a view to improving waters which are classified as “poor” and increasing the number of bathing waters classified as “good” or “excellent”. A permanent advice against bathing must be issued in a case where a bathing water is classified as “poor” for five consecutive years. Local authorities are required annually to identify bathing waters, establish a monitoring calendar, carry out the specified monitoring, report the results to the EPA, carry out appropriate management measures where necessary and provide information to the public. There must be public participation in the identification of waters and the general implementation of the Regulations. The EPA is required by the Regulations to classify bathing waters, generally on the basis of the monitoring results for the four preceding bathing seasons, and to publish an annual report in relation to bathing water quality. Monitoring by local authorities is to commence not later than 2011 with a view to ensuring that a classification is assigned to bathing waters not later than 2015. Private controllers of access lands may be required to contribute towards the costs incurred by a local authority or the EPA.
The Regulations will repeal and replace the Quality of Bathing Waters Regulations, 1992 ( S.I. No. 155 of 1992 ) with effect from 31 December 2014.
1 OJ L 327, 22.12.2000, p. 1
2 OJ L 64, 4.3.2006, p.37
1 OJ L 031, 05.02.1976, p. 1-7
S.I. No. 55/2009 –
European Communities (Quality of Shellfish Waters) (Amendment) Regulations 2009
EUROPEAN COMMUNITIES (QUALITY OF SHELLFISH WATERS) (AMENDMENT) REGULATIONS 2009
ARRANGEMENT OF REGULATIONS
1. Citation
2. Amendment of S.I. No. 268 of 2006
Schedule 1: Shellfish Waters
S.I. No. 55 of 2009
EUROPEAN COMMUNITIES (QUALITY OF SHELLFISH WATERS) (AMENDMENT) REGULATIONS 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 13th February, 2009.
I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by Regulation 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive No. 2006/113/EC of the European Parliament and of the Council of 12 December 2006 1 , hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Communities (Quality of Shellfish Waters) (Amendment) Regulations 2009.
Amendment of S.I. No. 268 of 2006
2. Schedule 3 of the European Communities (Quality of Shellfish Waters) Regulations 2006 ( S.I. No. 268 of 2006 ) is hereby amended by the addition of the shellfish waters specified in Schedule 1 of these Regulations.
SCHEDULE 1 SHELLFISH WATERS
Castletownbere
All that area below the High Water Mark and enclosed by the red line as shown on Map number 1 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Kenmare River
All that area below the High Water Mark and enclosed by the red line as shown on Map number 2 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Valencia Harbour
All that area below the High Water Mark and enclosed by the red line as shown on Map number 3 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Tralee Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 4 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
West Shannon Ballylongford
All that area below the High Water Mark and enclosed by the red line as shown on Map number 5 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
West Shannon Poulnasherry Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 6 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
West Shannon Carrigaholt
All that area below the High Water Mark and enclosed by the red line as shown on Map number 7a of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
West Shannon Rinevella
All that area below the High Water Mark and enclosed by the red line as shown on Map number 7b of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Ballyvaughan / Poulnaclough Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 8 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Outer Galway Bay Indreabhán
All that area below the High Water Mark and enclosed by the red line as shown on Map number 9 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Mannin Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 10 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Clifden Bay / Ardbear Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 11 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Streamstown Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 12 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Ballinakill Harbour
All that area below the High Water Mark and enclosed by the red line as shown on Map number 13 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Achill Sound South
All that area below the High Water Mark and enclosed by the red line as shown on Map number 14a of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Achill Sound North
All that area below the High Water Mark and enclosed by the red line as shown on Map number 14b of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Blacksod Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 15 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Killala Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 16 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Sligo Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 17 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Drumcliff Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 18 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Donegal Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 19 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Inver Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 20 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
McSwynes Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 21 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Loughros Beg
All that area below the High Water Mark and enclosed by the red line as shown on Map number 22 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Gweebarra Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 23 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Trawenagh Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 24 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Dunglow
All that area below the High Water Mark and enclosed by the red line as shown on Map number 25 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Gweedore Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 26 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Sheephaven
All that area below the High Water Mark and enclosed by the red line as shown on Map number 27 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Lough Swilly
All that area below the High Water Mark and enclosed by the red line as shown on Map number 28 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Trawbreaga Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 29 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Dundalk Bay
All that area below the High Water Mark and enclosed by the red line as shown on Map number 30 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Balbriggan / Skerries
All that area below the High Water Mark and enclosed by the red line as shown on Map number 31 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Malahide
All that area below the High Water Mark and enclosed by the red line as shown on Map number 32 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Wexford Harbour Outer
All that area below the High Water Mark and enclosed by the red line as shown on Map number 33 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Wexford Harbour Inner
All that area below the High Water Mark and enclosed by the red line as shown on Map number 34 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Waterford Harbour
All that area below the High Water Mark and enclosed by the red line as shown on Map number 35 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Dungarvan Harbour
All that area below the High Water Mark and enclosed by the red line as shown on Map number 36 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Ballymacoda
All that area below the High Water Mark and enclosed by the red line as shown on Map number 37 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Rostellan North
All that area below the High Water Mark and enclosed by the red line as shown on Map number 38a of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Rostellan South
All that area below the High Water Mark and enclosed by the red line as shown on Map number 38b of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Cork Great Island North Channel
All that area below the High Water Mark and enclosed by the red line as shown on Map number 39 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Oyster Haven
All that area below the High Water Mark and enclosed by the red line as shown on Map number 40 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Kinsale
All that area below the High Water Mark and enclosed by the red line as shown on Map number 41 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Baltimore Harbour / Sherkin
All that area below the High Water Mark and enclosed by the red line as shown on Map number 42 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Dunmanus Inner
All that area below the High Water Mark and enclosed by the red line as shown on Map number 43 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Bantry Bay South
All that area below the High Water Mark and enclosed by the red line as shown on Map number 44 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
League Point
All that area below the High Water Mark and enclosed by the red line as shown on Map number 45 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
Adrigole Harbour
All that area below the High Water Mark and enclosed by the red line as shown on Map number 46 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.
/images/ls
GIVEN under my Official Seal,
10 February 2009
JOHN GORMLEY,
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend Schedule 3 of S.I. No. 268 of 2006 and designate a further 49 Shellfish Water Sites. The purpose of these designations is to protect or improve the quality of the waters at the sites in question in order to support shellfish (bivalve and gasteropod molluscs) life and growth, thereby contributing to the high quality of shellfish products directly edible by man.
1 O.J. L 376 of 27.12.2006, p. 14.
S.I. No. 272/2009 –
European Communities Environmental Objectives (Surface Waters) Regulations 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 24th July, 2009.
WHEREAS, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 (3) of the European Communities Act 1972 (No. 27 of 1972) as inserted by section 2 of the European Communities Act 2007 (No. 18 of 2007), consider it necessary for the purpose of giving further effect to Directive 2006/11/EC 1 of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, Directive 2000/60/EC 2 of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, and Directive 2008/105/EC 3 of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC 1 of the European Parliament and of the Council to make provision for offences under the following Regulations to be prosecuted on indictment:
AND WHEREAS, I consider that it is necessary, having regard to section 3(3) of the Act of 1972, and for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following Regulations are effective, proportionate and have a deterrent effect, having regard to the acts or omissions of which the offence consists, to make such provisions in the following Regulations:
NOW THEREFORE, I JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by the European Communities Act 2007 ( S.I. No. 18 of 2007 ) and for the purpose of giving further effect to Directive 2006/11/EC 1 of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, Directive 2000/60/EC 2 of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, and Directive 2008/105/EC 3 of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC 1 of the European Parliament and of the Council hereby make the following Regulations:
PART I PURPOSE AND INTERPRETATION
Citation and commencement
1. (1) These Regulations may be cited as the European Communities Environmental Objectives (Surface Waters) Regulations 2009.
(2) These Regulations shall come into operation on the 30th of July 2009.
Purpose and scope of the Regulations
2. These Regulations apply to all surface waters and are made to give effect to the measures needed to achieve the environmental objectives established for bodies of surface water by Directive 2000/60/EC of the European Parliament and of the Council, hereinafter known as the Water Framework Directive, including the environmental quality standards established by Directive 2008/105/EC of the European Parliament and of the Council and to give further effect to the requirements of Directive 2006/11/EC of the European Parliament and of the Council, hereinafter known as the Dangerous Substances Directive and include the following:
(a) measures for the protection of surface water bodies whose status is determined to be high or good (or good potential as the case may be) and measures requiring the restoration of surface water bodies of less than good status (or good potential as the case may be) to not less than good status (or good potential) by not later than 22 December 2015;
(b) measures establishing environmental quality standards for priority substances and certain other pollutants as provided for in Article 16 of the Water Framework Directive that are to apply in calculating the chemical status of bodies of surface water;
(c) measures that provide for the progressive reduction of pollution by priority substances in accordance with the provisions of Article 4(1)(a)(iv) and Article 16(1) and (8) of the Water Framework Directive;
(d) measures establishing a list of priority hazardous substances for which measures are to be put in place with the aim of ceasing or phasing out of emissions, discharges and losses of these substances as provided for by Article 4(1)(a)(iv) and Article 16(1) and (8) of the Water Framework Directive;
(e) measures establishing environmental quality standards for the pollutants listed in points 1 to 9 of Annex VIII of the Water Framework Directive that are to apply in calculating the ecological status or, where relevant, the ecological potential of bodies of surface water in accordance with the provisions and objectives of Article 4(1)(a)(ii) and 4(1)(a)(iii) of that Directive;
(f) measures establishing environmental quality standards for the general conditions specified in Annex V of the Water Framework Directive that are to apply in calculating the ecological status or, where relevant, the ecological potential of bodies of surface water in accordance with the provisions and objectives of Article 4(1)(a)(ii) and 4(1)(a)(iii) of that Directive;
(g) measures establishing the ecological quality ratios that represent the boundaries between high and good ecological status and between good and moderate ecological status for the biological quality elements specified in Annex V of the Water Framework Directive that are to apply in calculating the ecological status of bodies of surface water in accordance with the provisions and objectives of Article 4 of that Directive;
(h) the laying down of rules for the presentation and reporting of surface water monitoring results and the classification of ecological status, ecological potential and the chemical status of surface water bodies in accordance with the requirements of Article 15, Annex V and Annex VII of the Water Framework Directive;
(i) measures to prevent and reduce the pollution of waters by dangerous substances and give further effect to the requirements of Articles 6 and 9 of the Dangerous Substances Directive;
(j) measures that provide for the establishment and operation of programmes in order to achieve the objectives established under Article 4(1) (a) of the Water Framework Directive including the reduction in pollution of waters by List II substances as required by Articles 6 and 9 of the Dangerous Substances Directive.
Interpretation
3. (1) In these Regulations, save where the context otherwise requires,—
“Act of 1972” means the European Communities Act of 1972 as amended by the European Communities Act 2007 ;
“Act of 1977” means the Local Government (Water Pollution) Act 1977 as amended by the Local Government (Water Pollution) (Amendment) Act 1990 ;
“Act of 1992” means the Environmental Protection Agency Act 1992 as amended by the Protection of the Environment Act 2003 and the Water Services Act 2007 ;
“Act of 1996” means the Waste Management Act 1996 as amended by the Waste Management (Amendment) Act 2001 , Part 3 of the Protection of the Environment Act 2003 , Part 2 of the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 ), Waste Management (Environmental Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 ), Waste Management (Registration of Brokers and Dealers) Regulations 2008 ( S.I. No. 113 of 2008 ) and the Waste Management (Certification of Historic Unlicensed Waste Disposal and Recovery Activity) Regulations 2008 ( S.I. No. 524 of 2008 );
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000) as amended;
“Agency” means the Environmental Protection Agency;
“artificial water body” means a body of surface water created by human activity;
“body of surface water” means a discrete and significant element of surface water such as a lake, reservoir, stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water;
“coastal water” means surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters;
“co-ordinating local authority” has the same meaning as in the 2003 Regulations;
“Commission” means the Commission of the European Communities;
“Dangerous Substances Directive” means Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community;
“Directive 2008/105/EC” means Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council;
“Directive 91/414/EEC” means Council Directive 91/414/EEC of the European Parliament and of the Council of 15 July 1991 concerning the placing of plant protection products on the market;
“Directive 96/61/EC” means Council Directive 96/61/EC of the European Parliament and of the Council of 24 September 1996 concerning integrated pollution prevention and control as amended by Directives 2003/35/EC and 2003/87/EC, and Regulation 1882/2003/EC;
“ecological status” is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters, classified in accordance with the normative definitions of ecological status described in the Water Framework Directive;
“ecological quality ratio” is an expression of the relationship between the values of the biological parameters observed for a given body of surface water and the values for those parameters in the reference conditions applicable to that body and which pursuant to Directive 2000/60/EC of the European Parliament and of the Council, the Water Framework Directive, and Commission Decision 2008/915/EC of 30 October 2008, or any future amendment thereof, sets the values of a Member State’s monitoring system classification as a result of the intercalibration exercise referred to in paragraph 1.4.1 Annex V of that Directive. The ratio is expressed as a numerical value between zero and one, with high ecological status represented by values close to one and bad ecological status by values close to zero;
“environmental pollution” means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, or which result in damage to material property or which impair or interfere with amenities and other legitimate uses of the environment;
“European site” means—
(a) a site (until the adoption, in respect of the site, of a decision by the European Commission under Article 21 of Council Directive 92/43/EEC for the purposes of the third paragraph of Article 4(2) of that Directive)—
(i) notified for the purposes of Regulation 4 of the European Communities (Natural Habitats) Regulations ( S.I. No. 94 of 1997 ), subject to any amendments made to it by virtue of Regulation 5 of those Regulations,
(ii) details of which have been transmitted to the Commission in accordance with Regulation 5(4) of the said Regulations, or
(iii) added by virtue of Regulation 6 of the said Regulations to the list transmitted to the Commission in accordance with Regulation 5(4) of those Regulations,
(b) a site adopted by the European Commission as a site of Community importance for the purposes of Article 4(2) of Council Directive 92/43/EEC in accordance with the procedures laid down in Article 21 of that Directive,
(c) a special area of conservation within the meaning of the European Communities (Natural Habitats) Regulations ( S.I. No. 94 of 1997 ) or
(d) an area classified pursuant to Article 4(1) or 4(2) of Council Directive 79/409/EEC.
“good ecological potential” is the status of a body of surface water that is created by human activity or substantially changed in character as a result of physical alterations by human activity and so classified in accordance with the relevant provisions of Annex V of the Water Framework Directive;
“good surface water chemical status” means the chemical status required to meet the environmental quality standards for surface waters established by the Water Framework Directive and Directive 2008/105/EC on environmental quality standards in the field of water policy; that is the chemical status achieved by a body of surface water in which the concentrations of priority substances and certain other pollutants do not exceed the environmental quality standards established in Schedule 6 of these Regulations;
“good surface water status” means the status achieved by a surface water body when both its ecological status and its chemical status are at least ‘good’;
“hazardous substance” means substances or groups of substances that are toxic, persistent and liable to bio-accumulate and other substances or groups of substances that give rise to an equivalent level of concern;
“heavily modified water body” means a body of surface water which as a result of physical alterations by human activity is substantially changed in character, and identified as such for the purpose of these Regulations;
“lake” means a body of standing inland surface water;
“Minister” means the Minister for the Environment, Heritage and Local Government unless otherwise indicated;
“pollutant” means any substance liable to cause pollution, and, for the purpose of this definition, ‘substance’ includes bacteria and other pathogens, where relevant, and the expression “polluting matter” shall be construed accordingly;
“priority hazardous substances” means those substances or groups of substances forming a subset of priority substances identified by the Commission in accordance with Article 16(3) of the Water Framework Directive and for which measures have to be taken to cease or phase-out discharges, losses and emissions and which are listed in Table 12 of Schedule 6 of these Regulations;
“priority substances” means those substances or groups of substances, identified by the Commission in accordance with Article 16(2) of the Water Framework Directive and listed in Tables 11 and 12 of Schedule 6 of these Regulations that have been prioritised for action by the setting of environmental quality standards at Community level;
“protected areas” means areas designated as requiring special protection under specific Community legislation for the protection of their surface water and groundwater or for the conservation of habitats and species of European sites directly dependent on water and listed in the register established by the Agency in accordance with Article 8 of the 2003 Regulations;
“public authority” means an authority or State Sponsored Body listed in Schedule 1 of these Regulations;
“Regulation (EC) No. 166/2006” means Regulation (EC) No. 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC;
“representative monitoring point” means a surface water monitoring point identified by the Agency in accordance with the requirements of Article 10 of the 2003 Regulations which is to be used to calculate the status of a body of surface water for the purpose of Part IV of these Regulations and which does not lie within the mixing zone of a point of discharge;
“river basin district” has the same meaning as in the 2003 Regulations;
“river basin district advisory council” means a council established in accordance with Article 16 of the 2003 Regulations;
“river basin management plan” means a plan, or updating of a plan, made in accordance with Article 13 of the 2003 Regulations;
“river” means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course;
“surface water” means inland waters (except groundwater), transitional waters and coastal waters, except in respect of chemical status for which it shall also include territorial waters;
“transitional waters” are bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows;
“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy;
“2003 Regulations” means the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ) as amended;
“2009 Regulations” means the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2009 ( S.I. No. 101 of 2009 ) or any future amendment thereto.
(2) A word or expression that is used in these Regulations and is also used in Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council has, unless the contrary intention appears, the same meaning in these Regulations as in the Directive concerned.
(3) In these Regulations, unless otherwise identified, a reference to—
(a) a Part is a reference to a Part of these Regulations;
(b) an Article is a reference to an Article of these Regulations;
(c) a sub-article, paragraph or sub-paragraph is a reference to a sub-article, paragraph or sub-paragraph of the Article, sub-article or paragraph in which the reference occurs.
PART II DUTIES ON PUBLIC AUTHORITIES AND OTHER PERSONS
Duty on public authorities
4. A public authority that has functions the performance of which may affect the achievement of the environmental objectives established by these Regulations shall undertake those functions in a manner that will, as far as practicable, promote compliance with the requirements of these Regulations and, in particular shall—
(a) ensure, in so far as its functions allow, that—
(i) surface water bodies comply with the relevant environmental quality standards specified in the Schedules contained in these Regulations, and
(ii) protected areas achieve compliance with any standards and objectives laid down for such areas at the latest by 22 December 2015 unless otherwise specified in the national legislation under which the individual protected areas have been established.
Where one or more of the objectives or standards under this sub-paragraph relates to a given body of water, the most stringent shall apply
(b) establish or make operational within the timeframes prescribed such measures appropriate to its functions as are necessary to achieve the environmental objectives and quality standards established, including the objective of progressively reducing pollution by priority substances and the ceasing or phasing out of emissions, discharges and losses of priority hazardous substances, and
(c) consult, co-operate and liaise with other public authorities within the river basin district and, where appropriate with the relevant competent authorities in Northern Ireland, in such a manner and to such extent as is necessary to co-ordinate compliance with these Regulations.
5. A public authority shall not, in the performance of its functions, undertake those functions in a manner that knowingly causes or allows deterioration in the chemical status or ecological status (or ecological potential as the case may be) of a body of surface water.
6. In order to achieve the environmental objectives established by these Regulations, and without prejudice to the generality of Article 4 or Article 5, measures shall, taking account of the results of the analyses undertaken for the purpose of Article 7 of the 2003 Regulations, include the measures listed in Schedule 2.
Emission controls and environmental quality standards
7. Point source and diffuse source discharges liable to cause water pollution are prohibited except where subject to a system of prior authorisation or registration based on general binding rules. A public authority that authorises a discharge to waters shall lay down emission limits in the authorisation granted that satisfy the following requirements:
(a) the emission limits shall establish the maximum concentration and the maximum quantity of a substance permissible in a discharge and shall aim to achieve the environmental objectives established in Part III of these Regulations including the environmental quality standards set out in Schedules 5 and 6 and any standards or objectives laid down for protected areas, and
(b) discharges shall be controlled according to the combined approach whereby emission limits shall be established according to the stricter of the requirements which would result from the application of limits which aim to achieve the quality standards referred to in sub- paragraph (a) and, where relevant, the application of limits based on—
(i) emission controls based on best available techniques, or
(ii) relevant emission limit values, or
(iii) in the case of diffuse impacts controls including, as appropriate, best environmental practices set out in:
— a specification prepared by the Agency in accordance with section 5 of the Environmental Protection Agency Act 1992 as amended by section 7 of the Protection of the Environment Act 2003 or
— the Urban Waste Water Treatment Regulations 2001 ( S.I. No. 254 of 2001 ) as amended by the Urban Waste Water Treatment (Amendment) Regulations 2004 ( S.I. No. 440 of 2004 ) or any future amendment thereof or
— the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2009 ( S.I. No. 101 of 2009 ) or any future amendment thereof or
— the Local Government (Water Pollution) Act, 1977 (Control of Cadmium Discharges) Regulations 1985 ( S.I. No. 294 of 1985 ) or
— the Local Government (Water Pollution) Act, 1977 (Control of Hexachlorocyclohexane and Mercury Discharges) Regulations 1986 ( S.I. No. 55 of 1986 ) or
— the Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Carbon Tetrachloride, DDT and Pentachlorophenol Discharges) Regulations 1994 ( S.I. No. 43 of 1994 ) or
— measures or controls identified in a pollution reduction plan for the river basin district prepared in accordance with Part V of these Regulations for the reduction of pollution by priority substances or the ceasing or phasing out of emissions, discharges and losses of priority hazardous substances.
8. A person, public authority or body corporate authorised or otherwise regulated within the meaning of Article 7 shall comply within the timeframe specified, with the emission limits, or other requirements, laid down in the authorisation granted.
9. Requirements under Article 7 shall apply to all new authorisations to discharge into surface waters and to reviews of existing authorisations, granted under the Dumping at Sea Acts 1996-2004, the Foreshore Acts 1933-1992, the Fisheries Acts 1959-2003, the Act of 1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose under the Act of 1972, or any other enactment, from the date of coming into force of these Regulations.
10. When authorising a discharge into a body of surface water, a public authority may decide to not apply emission limits based on the environmental quality standards set out in Schedules 5 and 6 of these Regulations where the said discharge or loss is made into waters covered by Article 30 or 31 of these Regulations and provided—
(1) the requirements of the said Articles are complied with in full, and
(2) the reason or reasons for not applying the said emission limits are set out in the river basin management plan referred to in Article 13 of the 2003 Regulations, and
(3) the requirements of Article 34 of these Regulations are met.
Review of existing authorisations
11. (1) Notwithstanding any existing provisions of the Acts or Regulations referred to in Article 9, or any Regulation made to give effect to a requirement of the said Acts, a public authority shall as soon as may be practicable, but not later than 22 December 2012 and sooner if required or where directed by the Minister,
(a) examine the terms of every authorisation or revised authorisation to which Article 9 applies and for the time being in force and determine whether, having regard to the requirements of Article 7 of these Regulations, the authorisation or revised authorisation requires to be reviewed for the purposes of compliance with the said Article, and
(b) if the authorisation or revised authorisation requires to be so reviewed complete such a review by the required date, or
(c) if the authorisation or revised authorisation does not require to be so reviewed and accordingly, that no further action is required, declare in writing that this is the case.
(2) A public authority shall from time to time carry out such further examination, and where necessary review, of authorisations as may be necessary to ensure compliance with the environmental objectives and quality standards established by these Regulations.
Programmes to ensure the effectiveness of new and existing authorisations and programmes for the examination of farm installations and the control of farmyard pollution
12. (1) For the purpose of Article 11 of these Regulations and in order to reduce pollution of waters by dangerous substances and to give further effect to the requirements of Articles 6 and 9 of the Dangerous Substances Directive, the Minister shall not later than 22 December 2009 prepare, or cause to have prepared—
(a) programmes, including deadlines, for the examination and review, as appropriate, of authorisations under the Acts and Regulations referred to in Article 9. The programmes shall include measures to ensure compliance with the requirements of authorisations granted as well as measures for the identification and follow-up of unauthorised discharges;
(b) programmes for the monitoring and inspection of farm installations to verify compliance with the prohibition on the discharge of substances liable to cause environmental pollution. The programmes shall include measures for follow-up action, including enforcement measures where relevant, in the event that non-compliance is detected. Programmes prepared for the purpose of the 2009 Regulations may be construed as programmes for the purposes of this sub-paragraph.
(2) A public authority shall comply with the programmes and deadlines so prepared.
Prosecution of offences and performance of statutory functions by public authorities
13. It shall be an offence not to comply with a requirement of these Regulations.
14. A person, public authority, body corporate or unincorporated body guilty of an offence is liable,
(1) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both, or
(2) on conviction on indictment to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both.
15. Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or of a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if that person was guilty of the first-mentioned offence.
16. Where the affairs of a body corporate or unincorporated body are managed by its members, Article 15 shall apply to the acts and defaults of a member in connection with that member’s functions of management as if that member was a director or manager of the body.
17. A prosecution for an offence under these Regulations may be taken by a Minister of the Government, the Agency, the co-ordinating local authority for the river basin district, and, where appropriate, the relevant public authority. A prosecution for an offence may be taken by a local authority within the river basin district whether or not the offence is committed in the functional area of the authority.
Performance of functions and duties under these Regulations
18. Where the Minister, the Agency, the co-ordinating local authority for the river basin district, and, where appropriate, the relevant public authority, as appropriate, is of the opinion that a person, public authority or body corporate has failed to comply with a function or duty under these Regulations, or has performed that function or duty in an unsatisfactory manner, the co-ordinating local authority, the Agency, the Minister or the relevant public authority, as appropriate, may request a report within a specified period from the person, public authority or body corporate in relation to the matter and the person, public authority or body corporate shall comply with the request.
19. The co-ordinating local authority, the Agency, the Minister or the relevant public authority, as appropriate, having considered any report of the person, public authority or body corporate may, with a view to ensuring the satisfactory performance of the function or duty in question—
(1) Issue such advice and recommendations to the person, public authority or body corporate as it considers necessary, or
(2) Provide, on such terms and conditions as may be agreed, such assistance or support as the co-ordinating local authority, the Agency, the Minister or the relevant public authority considers, in consultation with the person, public authority or body corporate concerned, would be helpful.
20. Where the co-ordinating local authority for the river basin district, the Agency, the Minister or the relevant public authority is of the opinion that the response of the person, public authority or body corporate to advice or recommendations issued or assistance or support offered under Article 19 is inadequate for the purpose of complying with a duty or function under these Regulations it may, without prejudice to any powers under any other statute, direct the person, public authority or body corporate to carry out, cause to carry out, or arrange for, such action related to the function or duty in question as the co-ordinating local authority, the Agency, the Minister or the relevant public authority considers necessary within such period as may be specified.
21. Where a person, public authority or body corporate fails without reasonable cause to comply with a direction under Article 20, the co-ordinating local authority, the Agency, the Minister or the relevant public authority may carry out, cause to be carried out, or arrange for, such action related to the function or duty in question as it considers necessary to ensure compliance with the direction and the costs of such action may be recovered by the co-ordinating local authority, the Agency, the Minister or the relevant public authority, as appropriate, from the person, public authority or body corporate as a simple contract debt in any court of competent jurisdiction.
Application to the courts
22. Where, on application by a Minister of the Government, the co-ordinating local authority for the river basin district, the Agency or the relevant public authority to the District Court, the Circuit Court or the High Court, the Court is satisfied that a person, public authority or body corporate is not undertaking, or does not intend to undertake, its functions or duties under these Regulations in a manner consistent with the achievement of the environmental objectives established, or with a direction issued by the co-ordinating local authority, the Agency or the Minister under Article 20, the Court may by order—
(1) Direct that person, body corporate or public authority to take such steps as are necessary to address the inconsistencies or other matters identified, and
(2) Make such other provision, including provision in relation to the payment of costs, as the court considers appropriate.
23. An application for an order under Article 22 of these Regulations shall be by motion and the court, when considering the matter, may make such interim or interlocutory order as it considers appropriate.
Duty on the Environmental Protection Agency to classify waters
24. The Agency shall, by not later than 22 June 2011, classify in accordance with the requirements of these Regulations each surface water body identified for the purposes of Article 7 of the 2003 Regulations according to its ecological status, or its ecological potential as the case may be, and its chemical status.
25. The classification of the status for a surface water body shall be based on the results of the monitoring programmes prepared by the Agency in accordance with Article 10 of the 2003 Regulations and other relevant information, including monitoring and assessments undertaken in relation to associated protected areas.
26. For the purpose of Articles 24 and 25, the Agency shall—
(1) On completion of the classification, publish and make available all relevant monitoring data and information, including data and information on protected areas, used by the Agency to classify waters.
(2) Provide a map for each river basin district illustrating the classification of the ecological status for each body of water colour-coded in accordance with Table 1 of Schedule 3 of these Regulations.
(3) In respect of artificial and heavily modified water bodies, provide a map for each river basin district illustrating the classification of the ecological potential for each body of water colour-coded in accordance with Table 2 of Schedule 3 of these Regulations.
(4) Indicate, by a black dot on the maps specified in sub-paragraphs (1) and (2) above, those bodies of water where failure to achieve good ecological status or good ecological potential is due to non-compliance with one or more of the environmental quality standards that have been established for relevant specific pollutants.
(5) Provide a map for each river basin district illustrating the classification of chemical status for each body of water colour-coded in accordance with Table 3 of Schedule 3 of these Regulations.
(6) Prepare the information specified in sub-paragraphs (2) to (5) in a form which is available for introduction into a geographical information system (GIS) and/or the geographical information system of the European Commission (GISCO).
Powers, duties and functions assigned to public authorities
27. The powers, duties and functions assigned to a public authority by these Regulations are additional to, and not in substitution for, the powers, duties and functions assigned by any other statute.
PART III ENVIRONMENTAL OBJECTIVES
Environmental objectives
28. The following environmental objectives are hereby established for surface waters—
(1) A surface water body whose status is determined to be high or good (or good ecological potential and good surface water chemical status as the case may be) when classified by the Agency in accordance with these Regulations shall not deteriorate in status.
(2) A surface water body whose status is determined to be less than good (or good ecological potential and good surface water chemical status as the case may be) when classified by the Agency in accordance with these Regulations shall be restored to at least good status (or good ecological potential and good surface water chemical status as the case may be) by not later than 22 December 2015 unless otherwise provided for by these Regulations.
Artificial and heavily modified water bodies
29. The environmental objective of good ecological potential and good chemical status may be applied in the case of a body of surface water identified by the co-ordinating local authority for the river basin district as artificial or heavily modified, when—
(1) The changes to the hydromorphological characteristics of that body of water which would be necessary to achieve good ecological status would have significant adverse effects on:
(a) the wider environment;
(b) navigation, including port facilities or recreation;
(c) activities for the purpose of which water is stored, such as drinking water supply, power generation or irrigation;
(d) water regulation, flood protection, land drainage, or
(e) other equally important sustainable human development activities.
(2) The beneficial objectives served by the artificial or modified characteristics of the water body cannot, for reasons of technical feasibility or disproportionate costs, reasonably be achieved by other means which are a significantly better environmental option.
(3) Such designation and the reasons for it shall be specifically mentioned in the river basin management plans required under Article 13 of the 2003 Regulations and reviewed every six years.
Extended deadlines
30. The deadline established under Article 28 (2) may be extended for the purpose of the phased achievement of the environmental objectives for bodies of water provided that no deterioration occurs in the status of the affected body of water and all of the following conditions are met—
(1) It is demonstrated that the required improvements in status cannot reasonably be achieved within the timescales set out in Article 28 (2) for at least one of the following reasons:
(a) the scale of improvements can only be achieved in phases exceeding the timescale for reasons of technical feasibility;
(b) completing the improvements within the timescale would be disproportionately expensive;
(c) natural conditions do not allow timely improvements in the status of the body of water.
(2) Extension of the deadline, and the reasons for it, are set out and explained in the relevant river basin management plan prepared for the purposes of Article 13 of the 2003 Regulations.
(3) Extensions shall be limited to a maximum of two further updates of the river basin management plan except in cases where the natural conditions are such that the objectives cannot be achieved within this period.
(4) A summary of the measures envisaged as necessary to bring the bodies of water progressively to the required status by the extended deadline, the reasons for any significant delay in making these measures operational, and the expected timetable for their implementation are set out in the river basin management plan. A review of the implementation of these measures and a summary of any additional measures shall be included in updates of the river basin management plan.
Less stringent environmental objectives
31. Less stringent environmental objectives may be applied where a surface water body is so affected by human activity, as determined by the analysis of the characteristics of the river basin prepared for the purposes of Article 7 of the 2003 Regulations, or its natural condition is such that the achievement of the prescribed quality objectives would be infeasible or disproportionately expensive and the following conditions are met—
(1) The environmental and socio-economic needs served by such human activity cannot be achieved by other means, which are a significantly better environmental option not entailing disproportionate costs.
(2) The highest ecological and chemical status possible is achieved, given impacts that could not reasonably have been avoided due to the nature of the pollution.
(3) No deterioration occurs in the status of the affected water body.
(4) The establishment of less stringent environmental objectives, and the reasons for it, are specifically mentioned in the river basin management plan referred to in Article 13 of the 2003 Regulations, and those objectives are reviewed every six years.
Temporary deterioration in surface water status
32. Temporary deterioration in the status of bodies of surface water shall not result in failure to meet the environmental objectives set out in these Regulations provided the deterioration is the result of circumstances of natural cause or force majeure which are exceptional and could not reasonably have been foreseen, in particular extreme floods or prolonged droughts or the results of circumstances due to accidents which could not reasonably have been foreseen, provided all of the following conditions are met—
(1) All practicable steps are taken to prevent further deterioration in status and to protect other water bodies not affected directly by the said circumstances.
(2) The conditions under which circumstances that are exceptional or could not reasonably have been foreseen are documented in the river basin management plan.
(3) The measures to be taken under such exceptional circumstances are included in the programme of measures and will not compromise the recovery of the quality of the body of water once the circumstances have ceased.
(4) The effects of the circumstances are reviewed annually and subject to consideration of scale, technical feasibility, cost and natural conditions, all practicable measures are taken to restore the body of water to the status that obtained prior to the effects of those circumstances as soon as reasonably practicable.
(5) A summary of the effects of the circumstances and of such measures taken or to be taken to restore the body of water to the status that obtained prior to the effects of those circumstances is included in the next update of the river basin management plan.
New physical modifications and new sustainable developments
33. Failure to achieve good ecological status, or where relevant, good ecological potential or to prevent deterioration in the status of a body of surface water resulting from new modifications or alterations to the physical characteristics of a surface water body, or failure to prevent deterioration of a body of surface water from high status to good status resulting from new sustainable human development activities shall not be a breach of these Regulations when all the following conditions are met:
(1) All practicable steps are taken to mitigate the adverse impact on the status of the body of surface water.
(2) The reasons for those modifications or alterations are specifically set out and explained in the river basin management plan required under Article 13 of the 2003 Regulations and the objectives are reviewed every six years.
(3) The reasons for those modifications or alterations are of overriding public interest and/or the benefits to the environment and to society of achieving the objectives established by Article 28 of these Regulations are outweighed by the benefits of the new modifications or alterations to human health, to the maintenance of human safety or to sustainable development, and
(4) The beneficial objectives served by these modifications or alterations of the water body cannot for reasons of technical feasibility or disproportionate cost be achieved by other means, which are a significantly better environmental option.
Application of exemption provisions
34. Application of the exemption provisions referred to in Articles 29, 30, 31, 32 and 33 must ensure that—
(1) Achievement of the environmental objectives is not permanently excluded or compromised in other bodies of water within the same river basin district and measures taken are consistent with the implementation of other Community environmental legislation.
(2) The same level of protection as is afforded by existing Community legislation is guaranteed.
(3) The said exemption provisions are applied on a quality element-by-quality element basis and measures are implemented that aim to achieve the highest ecological and chemical state possible in relation to any individual body of water.
PART IV THE CALCULATION OF ECOLOGICAL STATUS, ECOLOGICAL POTENTIAL AND CHEMICAL STATUS
The calculation of ecological status and ecological potential
35. The ecological status, or ecological potential, of a body of surface water shall be assigned by the Agency and shall be based on the results of the monitoring systems established for the relevant biological quality elements, expressed as ecological quality ratios, the monitoring results for the general quality elements and specific pollutants supporting the biological quality elements, and where relevant for classification purposes, the monitoring results for the hydromorphological quality elements.
36. The ecological status of a body of surface water shall be represented by the lower of the quality element values for the biological and the physico-chemical status calculated for each relevant quality element, except for the purpose of assigning high status in which case ecological status shall be determined by the lowest of the status values obtained for the biological, the physico-chemical and hydromorphological quality elements.
37. Ecological status shall be calculated as follows—
(1) A body of surface water for which the calculated ecological quality ratio values for the biological quality elements show no or only very minor evidence of distortion from undisturbed or reference conditions, and where there are only very minor anthropogenic alterations to the status of the hydromorphological quality elements and where the values for the biological and physico-chemical quality elements satisfy the relevant criteria established in Schedule 5 of these Regulations, shall be classified as being of high ecological status.
(2) A body of surface water for which the calculated ecological quality ratio values for the biological quality elements show low levels of distortion and deviate only slightly from undisturbed or reference conditions and where the values for the biological and the physico-chemical quality elements satisfy the relevant criteria established in Schedule 5 of these Regulations, shall be classified as being of good ecological status.
(3) A body of surface water for which the calculated ecological quality ratio values for the biological quality elements deviate moderately from undisturbed or reference conditions or where the values for the physico-chemical quality elements fail to satisfy the relevant criteria for good status established in Schedule 5 of these Regulations, shall be classified as being of moderate ecological status.
(4) For the purpose of calculating the condition of a biological quality element the Agency may, in order to improve confidence in the assessment, combine a number of parameters that are indicative of that quality element, for example by averaging their status, expressed as environmental quality ratio values for the purpose of assessing the effects of a particular pressure. Biological parameters that are sensitive to different pressures may not be so combined unless these parameters are also considered independently as part of the overall assessment of ecological quality.
38. A body of surface water achieving a status less than moderate shall be classified as either poor or bad—
(1) A body of surface water showing evidence of major alterations to the ecological quality ratio values of the biological quality elements for the surface water body type and in which the relevant biological communities deviate substantially from those normally associated with the surface water body type under undisturbed or reference conditions, shall be classified as being of poor ecological status.
(2) A body of surface water showing evidence of severe alterations to the ecological quality ratio values of the biological quality elements for the surface water body type and in which large portions of the relevant biological communities normally associated with the surface water body type under undisturbed or reference conditions are absent, shall be classified as being of bad ecological status.
39. When assigning ecological status to a body of surface water, the Agency shall be satisfied that the values of the general physico-chemical quality elements for that body of water are consistent with the achievement of the ecological quality ratio values specified for the biological quality elements. In this regard, and to avoid misclassification of waters, the Agency shall—
(1) Establish the permitted statistically based range within which the general physico-chemical quality elements may deviate from the values specified in Schedule 5 in order to ensure ecological relevance and so as to avoid a mismatch between the monitoring results for the biological and the general physico-chemical quality elements.
(2) Arrange for the statistical basis for the range or ranges thus established to be published and made available for public comment not less than three months in advance of classifying the ecological status of waters as required by Article 24.
40. In order for a body of surface water to be classified as being of high or good ecological status, the concentration of specific pollutants at any representative monitoring point within the body of water shall not exceed the environmental quality standards set out in Table 10 of Schedule 5.
The calculation of chemical status
41. The chemical status of a body of surface water shall be assigned by the Agency according to the monitoring results for the chemical substances and their environmental quality standards established in Schedule 6 of these Regulations—
(1) For any given surface water body, compliance with the annual average environmental quality standard means that the arithmetic mean of the concentrations measured during the twelve month monitoring period does not exceed any of the AA-EQS standards established in Tables 11 and 12 of Schedule 6 at any representative monitoring point within the water body, and
(2) For any given surface water body, compliance with the maximum allowable concentration means that the measured concentration does not exceed any of the MAC-EQS standards established in Tables 11 and 12 of Schedule 6 at any representative monitoring point within the water body.
(3) The Agency may introduce statistical methods, such as a percentile calculation, to ensure an acceptable level of confidence and precision for determining compliance with the maximum allowable concentration (MAC-EQS). If the Agency does so, such statistical methods shall comply with detailed rules laid down in accordance with the procedure referred to in Article 21(2) of the Water Framework Directive.
Metals
42. The Agency may, when assessing the monitoring results, take into account—
(1) Natural background concentrations for metals and their compounds if they prevent compliance with the environmental quality standard established.
(2) Hardness, pH or other water quality parameters that affect the bioavailability of metals.
The identification of progressive and sustained upward trends
43. The Agency shall, when assessing the monitoring results for the calculation of ecological status and chemical status, identify marked and sustained upward trends in the concentration of pollutants, groups of pollutants or indicators of pollution found in bodies or groups of bodies of surface water, including within-status trends, that would likely result in deterioration in status over time or give rise to non-compliance with a standard or objective established for an individual protected area. The Agency shall cause such bodies or groups of surface water bodies to be identified in river basin management plans and, where appropriate, issue advice to the public authority or authorities concerned on the measures to be taken to address the upward trend identified.
Knowledge gaps in classification systems
44. The Agency shall take all necessary steps to ensure that the quality elements and class boundaries used to calculate surface water status are as complete and up-to-date as possible and consistent with the normative definition of ecological status classification set out in section 1.2 of Annex V of the Water Framework Directive. In particular—
(1) Having regard to the fact that it has not been possible to complete the intercalibration exercise referred to in section 1.4.1 of Annex V of the Directive and, as a result, it has not been possible to set boundaries at quality element level for national classification methods for all the biological quality elements referred to in section 1.2 of Annex V of the Directive, the Agency shall—
(a) identify those biological quality elements listed in section 1.2 of Annex V of the Directive for which ecological quality ratios have not been, or have only partly been, established by these Regulations, and
(b) having regard to the need also for the further development of this work at EU level, prepare and publish a work programme, including timelines, for the completion of outstanding work as soon as may be practicable
and
(2) having regard to the ongoing development of work under this Article and the collection and examination of monitoring data as part of the ongoing programmes established for the purpose of Article 10 of the 2003 Regulations, the Agency shall—
(a) keep under review the list of specific pollutants established in Table 10 of Schedule 5 and the boundary conditions and environmental quality standards established for the general supporting conditions and specific pollutants listed in Tables 9 and 10 of Schedule 5, and
(b) from time to time, as appropriate and necessary, publish and make recommendations to the Minister on the changes and/or additions to be made to the lists and standards established.
45. The Minister shall, if appropriate, on receipt of a recommendation or recommendations from the Agency arising from a requirement under Article 44 of these Regulations, undertake consultation on the recommendation or recommendations made by the Agency and shall, as soon as may be practicable, amend these Regulations having regard to the advice given to him by the Agency and any representation made by a Minister of Government or any other person or body.
Interim classification of surface water bodies for the first river basin planning cycle
46. For the purpose of the first river basin management plan, and pending full classification of surface water bodies in accordance with the requirements of Articles 24 to 26 and Articles 35 to 42 of these Regulations, the Agency shall assign an interim classification of overall status to each body of surface water where the Agency is satisfied that it can reliably do so on the basis of available information and/or expert knowledge. The Agency shall—
(1) as a minimum assign a status of ‘high’, ‘good’ or ‘less than good’ to those bodies of surface water where available data and knowledge allows, and
(2) assign ‘undetermined status’ to those remaining bodies of water where the Agency is not, by that date, in a position to assign a reliable interim classification due to a lack of data or other reason, and
(3) periodically review the interim classifications and add to the list of bodies of water so classified as data availability and knowledge improves.
47. In assigning interim status, the Agency shall have regard to all relevant data relating to the body of water in question, including the results of monitoring, the results of analyses undertaken for the purpose of Article 7 of the 2003 Regulations as well as monitoring and assessments undertaken in relation to associated protected areas.
48. The interim classification of status assigned by the Agency in accordance with Articles 46 and 47 shall be a classification of status as if assigned by the Agency in accordance with the procedures set out in Articles 35 to 42 and shall be deemed as such for the purpose of these Regulations.
Protected Areas
49. For the purpose of calculating the ecological status of a body of surface water in accordance with Part IV of these Regulations, the Agency shall, in the case of those surface water bodies which are also protected areas requiring special protection by virtue of standards or objectives arising from specific Community legislation for the protection of water or for the conservation of habitats and species directly dependent on water at European sites, assign a status of less than good ecological status where the standards or objectives for the protected area are not met arising from a failure to meet the required water quality or hydrological standards. Where appropriate, the use of additional site specific biological, microbiological or chemical indicators will be used.
50. A body of surface water classified as less than good ecological status in accordance with the requirements of Article 49 of these Regulations shall be so identified by the Agency. The Agency shall set out in accordance with the requirements of Article 26(1) the reason or reasons for the classification so assigned.
Mixing zones
51. Where a body of surface water exceeds the relevant environmental quality standards listed in Tables 9, 10, 11 and 12 of Schedules 5 and 6 for one or more pollutants within a mixing zone adjacent to a point of discharge and where the mixing zone has been expressly provided for in the authorisation allowing the discharge, that water body shall not be in breach of the prescribed environmental quality standard for classification purposes, provided—
(1) the extent of any such zone is restricted to the proximity of the point of discharge; and
(2) the extent of any such zone is proportionate having regard to the concentration of pollutants at the point of discharge, to the emission limits established in the authorisation granted and in particular to the application of emission controls based on best available techniques, including application of the combined approach set out in Article 7 of these Regulations; and
(3) the procedures and methodologies used to delineate such zones, including measures to be taken to reduce the extent of such zones in the future, are described in river basin management plans made in accordance with Article 13 of the 2003 Regulations; and
(4) compliance with the prescribed environmental quality standards is not compromised in relation to the remainder of the water body, and
(5) the delineation of mixing zones is undertaken in accordance with any technical guidelines that may be adopted in accordance with the procedure referred to in Article 21(2) of the Water Framework Directive.
PART V DUTY TO PREPARE INVENTORIES OF EMISSIONS, DISCHARGES AND LOSSES OF PRIORITY AND PRIORITY HAZARDOUS SUBSTANCES AND POLLUTION REDUCTION PLANS
Inventory of emissions, discharges and losses
52. The Agency, in consultation with the co-ordinating local authority for each river basin district, or part of a river basin district lying within the State, shall establish, or cause to be established for each river basin district or part thereof as appropriate, an inventory of emissions, discharges and losses of priority and priority hazardous substances and other pollutants listed in Tables 11 and 12 of Schedule 6 of these Regulations.
53. For the purpose of Article 52, the Agency may direct a public authority to put in place the necessary arrangements for the collection and transmission to it of specified data, within a prescribed timeframe, in a manner to be determined by the Agency. A public authority so directed shall deliver the required data to the Agency within the timeframe and in the manner prescribed.
54. The Agency shall, having regard to any technical guidelines for the establishment of inventories adopted in accordance with the procedure referred to in Article 21(2) of the Water Framework Directive, prepare guidance on the data to be collected for the purpose of establishing the inventory which shall address, in particular, details on the following—
(1) reporting procedures;
(2) the data to be reported;
(3) quality assurance and assessment;
(4) indication of type of withheld data and reasons why they were withheld in the case of confidential data;
(5) reference to internationally approved release determination and analytical methods and sampling methodologies;
(6) indication of parent companies; and
(7) where relevant, coding of activities according to Annex I of Regulation (EC) No. 166/2006 and to Directive 96/61/EC.
55. The Agency shall determine the reference period for the estimation of pollutant values to be entered into the inventories referred to in Article 52 which shall be one year between 2008 and 2010 (inclusive), except in the case of pollutants covered by Directive 91/414/EEC where entries may be calculated as the average of the years 2008, 2009 and 2010.
56. The Agency shall for the first time, by not later than 22 June 2011 publish and send to the Minister, each co-ordinating local authority and to the advisory council for each river basin district a summary of the inventories established, including the respective reference periods. The Agency shall thereafter update the inventories as part of the reviews of analyses specified in Article 7 of the 2003 Regulations. The reference period for the establishment of values in the updated inventories shall be the year before that analysis is to be completed. For priority substances or pollutants covered by Directive 91/414/EEC, the entries may be calculated as the average of the three years before the completion of that analysis. Updated inventories shall be published and included in updated river basin management plans made under Article 13 of the 2003 Regulations.
Monitoring of sediments and biota
57. The Agency shall, in relation to those priority and priority hazardous substances that tend to accumulate in sediment and/or biota, arrange or cause to have arranged, for the monitoring and long-term trend analysis of the concentrations of the said substances in sediment and/or biota at representative locations deemed appropriate by the Agency. In determining the substances and locations to be so monitored, the Agency shall have regard to the findings of the monitoring programmes prepared under Article 10 of the 2003 Regulations, other relevant information such as the results of analyses undertaken for the purpose of Article 7 of the 2003 Regulations as well as information arising from the preparation of the inventories referred to in Article 52 of these Regulations. The Agency shall determine the extent of locations to be monitored and the manner and frequency of monitoring so as to provide sufficient data for reliable long-term trend analysis. As a general rule, monitoring shall take place every three years unless the Agency determines another interval on the basis of technical knowledge or expert judgement.
58. The Agency shall decide how the work is to be arranged and for this purpose may direct a public authority or public authorities listed in these Regulations to undertake the monitoring determined by the Agency for the purposes of Article 57. A public authority so directed shall undertake the monitoring within the frequency specified and in the manner prescribed.
Duty on a co-ordinating local authority for a river basin district to make a pollution reduction plan
59. The co-ordinating local authority for each river basin district, in consultation with the Agency and with relevant public authorities in the river basin district shall, for the first time as soon as may be after the completion of the inventory of discharges, losses and emissions referred to in Article 52, and by not later than 22 June 2012 prepare, or cause to have prepared, a plan, including a timetable, for the progressive reduction of pollution by priority substances and the ceasing or phasing out of emissions, discharges and losses of priority hazardous substances.
60. The pollution reduction plan shall have regard to the inventory of emissions, discharges and losses prepared by the Agency for the purposes of Article 52, the results of analyses undertaken for the purpose of Article 7 of the 2003 Regulations, the findings of the monitoring programmes prepared under Article 10 of the 2003 Regulations and any other information, including technical considerations, that the co-ordinating local authority considers relevant.
61. The pollution reduction plan shall—
(1) Describe all significant emissions, discharges and losses of priority and priority hazardous substances within the river basin district as a result of human activities; existing controls or abatement measures with reference to the key activities or sectors giving rise to these losses, emissions or discharges; the relative importance and magnitude of these losses with regard to the environmental objectives established; and, the likely position with respect to each of these matters for such period after the making, or review and implementation of a pollution reduction plan for priority substances, as the co-ordinating local authority considers appropriate.
(2) Specify objectives, and where appropriate, targets and deadlines for the prevention and reduction of losses of priority and priority hazardous substances which in the opinion of the co-ordinating local authority for the river basin district are necessary, appropriate or desirable, and over such periods as the co-ordinating local authority may consider necessary;
(3) Provide for, as appropriate, the identification of particular measures either in relation to individual priority and priority hazardous substances or to particular sectors or activities, or a combination of both, to prevent and limit environmental pollution by priority substances and to provide for the progressive reduction of pollution and the ceasing or phasing out of emissions, discharges and losses of priority hazardous substances.
(4) Have regard to the need to give effect to the polluter pays principle, the use of economic measures in meeting the targets, the relative cost-effectiveness of the measures proposed and the likely economic impact of the proposed measures on key economic and social sectors.
(5) Make recommendations, on the reduction of pollution by priority and priority hazardous substances, regarding—
(a) Priorities, measures and reduction targets and deadlines which could be pursued.
(b) The functions of any relevant public authorities in achieving the targets, priorities and measures proposed.
62. The plan shall be updated and included as part of future river basin management plans made under Article 13 of the 2003 Regulations.
63. The co-ordinating local authority for the river basin district shall publish and send to the Minister, the Agency, relevant public authorities and to the advisory council for the river basin district a summary of the pollution reduction plan or revised plan.
64. The co-ordinating local authority and other public authorities with functions within the river basin district shall have regard to the findings and recommendations of the pollution reduction plan or revised plan in the design and implementation of measures to achieve the objectives of these Regulations.
Power of the Minister in relation to pollution reduction plans
65. The Minister shall determine the necessary arrangements and structures to promote co-ordination across and within river basin districts, including where appropriate co-ordination with the relevant authorities in Northern Ireland, in relation to the preparation of the inventories and pollution reduction plans referred to in Articles 52 and 59 of these Regulations.
66. The Minister may, after consultation with any Minister of Government, the Environmental Protection Agency, the Health and Safety Authority and the local authorities concerned require that—
(1) Two or more co-ordinating local authorities jointly prepare a pollution reduction plan,
(2) The preparation of a pollution reduction plan by two or more co-ordinating local authorities be co-ordinated in such a manner and in relation to such matters as the Minister may specify, and
(3) Require a co-ordinating local authority or, as the case may be, two or more co-ordinating local authorities, to vary (whether by addition or deletion) a pollution reduction plan prepared by it or them in such manner as the Minister may specify or to replace the plan by a new pollution reduction plan, and the co-ordinating local authority or authorities shall comply with any such requirement by the Minister.
67. The Minister may, or the Environmental Protection Agency shall if required to do so by the Minister, give directions prescribing the manner in which any matter is to be set out or addressed in a pollution reduction plan.
68. Article 66 sub-paragraph (3) and Article 67 shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by a co-ordinating local authority or other public authority of its statutory functions in a way that is contrary to its obligations under that function or functions.
PART VI MISCELLANEOUS PROVISIONS
Miscellaneous and transitional provisions
69. The application of measures taken pursuant to these Regulations shall on no account lead, either directly or indirectly, to increased pollution of surface waters.
70. The Local Government (Water Pollution) Act 1977 (Water Quality Standards for Phosphorus) Regulations 1998 ( S.I. No. 258 of 1998 ) and the Water Quality (Dangerous Substances) Regulations 2001 ( S.I. No. 12 of 2001 ) are hereby revoked.
SCHEDULE 1 RELEVANT PUBLIC AUTHORITIES
The public authorities to which these Regulations apply are—
The Environmental Protection Agency
The relevant local authorities
The regional authorities in the area
The regional fisheries boards in the area
The National Roads Authority
The Radiological Protection Institute of Ireland
The Marine Institute
The Central Fisheries Board
The Electricity Supply Board
The Commission for Energy Regulation
Port and Harbour Authorities including Port companies established under the 1996 Harbours Act
The Dublin Docklands Development Authority
Waterways Ireland
An Bord Pleanála
Bord Iascaigh Mhara
Bord Na Mna
Coillte
The Health and Safety Authority
The Commissioners of Public Works
The Minister for Enterprise, Trade and Employment
The Minister for Communications, Energy and Natural Resources
The Minister for Agriculture, Fisheries and Food
The Minister for the Environment, Heritage and Local Government
The Minister for Transport
SCHEDULE 2 MEASURES FOR THE PURPOSE OF THESE REGULATIONS
1. Measures required to implement Community legislation for the protection of surface water.
2. Measures in accordance with national policy for the recovery of the costs of water services for the purposes of Article 9 of the Water Framework Directive.
3. Measures to promote an efficient and sustainable water use in order to avoid compromising the achievement of the environmental objectives established by these Regulations.
4. Measures to meet the requirements of Article 7 of the Water Framework Directive, including measures to safeguard water quality in order to reduce the level of purification treatment required for the production of drinking water.
5. Measures to control the abstraction and the impoundment of fresh surface water, including a register or registers of water abstractions and a requirement of prior authorisation for abstraction and impoundment. Abstractions or impoundments that have no significant impact on water status can be exempted from these controls.
6. For point source discharges liable to cause pollution, a requirement for prior regulation, such as a prohibition on the entry of pollutants into water, or for prior authorisation, or registration based on general binding rules, laying down emission controls for the pollutants concerned, including controls in accordance with the combined approach as outlined in Article 10 of the Water Framework Directive.
7. For diffuse sources liable to cause water pollution, measures to prevent or control the input of pollutants to water. Controls may take the form of a requirement for prior regulation, such as a prohibition on the entry of pollutants into water, prior authorisation or registration based on general binding rules where a requirement is not otherwise provided for under Community legislation.
8. For any other significant adverse impacts on the status of surface water identified during the review carried out for the purpose of Article 7 of the 2003 Regulations, in particular measures to ensure that the hydromorphological conditions of bodies of water are consistent with the achievement of the required ecological status, or good ecological potential for bodies of water designated as artificial or heavily modified. Controls for this purpose may take the form of a requirement for prior authorisation or registration based on general binding rules where such a requirement is not otherwise provided for under Community legislation.
9. Measures to eliminate pollution of surface waters by priority substances and to progressively reduce pollution by other substances which would otherwise prevent achievement of the environmental objectives established by these Regulations for bodies of surface water.
10. Measures required to prevent significant losses of pollutants from technical installations and to prevent and/or reduce the impact of accidental pollution incidents, for example, as a result of floods, including through systems to detect or give warning of such events including, in the case of accidents which could not reasonably have been foreseen, all appropriate measures to reduce the risk to aquatic ecosystems.
11. Measures in addition to any of the above that are specifically designed and implemented with the aim of achieving the environmental objectives and quality standards established by these Regulations.
SCHEDULE 3 THE PRESENTATION OF MONITORING RESULTS AND SURFACE WATER CLASSIFICATION
Table 1
Ecological Status
Ecological status classification
Colour code
High
Blue
Good
Green
Moderate
Yellow
Poor
Orange
Bad
Red
Table 2
Ecological Potential
Ecological potential classification
Colour code
Artificial water bodies
Heavily modified
Good and above
Equal green and light grey stripes
Equal green and dark grey stripes
Moderate
Equal yellow and light grey stripes
Equal yellow and dark grey stripes
Poor
Equal orange and light grey stripes
Equal orange and dark grey stripes
Bad
Equal red and light grey stripes
Equal red and dark grey stripes
Table 3
Chemical Status
Chemical status classification
Colour code
Good
Blue
Failing to achieve good
Red
SCHEDULE 4 THE CLASSIFICATION OF ECOLOGICAL STATUS FOR RIVERS, LAKES, TRANSITIONAL WATERS AND COASTAL WATERS
Table 4
The general definition of high, good and moderate ecological status (1) (2)
High status
There are no, or only very minor, anthropogenic alterations to the values of the physico-chemical and hydromorphological quality elements for the surface water body type from those normally associated with that type under undisturbed conditions.
The values of the biological quality elements for the surface water body reflect those normally associated with that type under undisturbed conditions, and show no, or only very minor, evidence of distortion.
Good status
The values of the biological quality elements for the surface water body type show low levels of distortion resulting from human activity, but deviate only slightly from those normally associated with the surface water body type under undisturbed conditions.
Moderate status
The values of the biological quality elements for the surface water body type deviate moderately from those normally associated with the surface water body type under undisturbed conditions. The values show moderate signs of distortion resulting from human activity and are significantly more disturbed than under conditions of good status.
(1) Surface waters achieving a status below moderate shall be classified as poor or bad
(2) The text in Table 4 provides a general definition only of ecological quality. For the purpose of classifying surface water ecological satus, regard must be had, as appropriate, to the biological, hydromorphological and supporting physico-chemical quality elements listed in tables 5, 6 and 7 of this Schedule and to the boundary conditions established in Tables 8, 9 and 10 of Schedule 5.
Table 5
The biological quality elements that may be used when calculating ecological status
Surface water category
Biological quality element
River water body
Composition and abundance of aquatic flora
Composition and abundance of benthic invertebrate fauna
Composition, abundance and age structure of fish fauna
Lake water body
Composition, abundance and biomass of phytoplankton
Composition and abundance of other aquatic flora
Composition and abundance of benthic invertebrate fauna
Composition, abundance and age structure of fish fauna
Transitional water body
Composition, abundance and biomass of phytoplankton
Composition and abundance of other aquatic flora
Composition and abundance of benthic invertebrate fauna
Composition and abundance of fish fauna
Coastal water body
Composition, abundance and biomass of phytoplankton
Composition and abundance of other aquatic flora
Composition and abundance of benthic invertebrate fauna
Table 6
The hydromorphological quality elements supporting the biological quality elements
Surface water category
Hydromorphological quality element
Description
River water body
Hydrological regime
Quantity and dynamics of water flow
Connection to groundwater bodies
River continuity
Morphological conditions
River depth and width variation
Structure and substrate of the river bed
Structure of the riparian zone
Lake water body
Hydrological regime
Quantity and dynamics of water flow
Residence time
Connection to the groundwater body
Morphological conditions
Lake depth variation
Quantity, structure and substrate of the lake bed
Structure of the lake shore
Transitional water body
Morphological conditions
Depth variation
Quantity, structure and substrate of the bed
Structure of the intertidal zone
Tidal regime
Freshwater flow
Wave exposure
Coastal water body
Morphological conditions
Depth variation
Structure and substrate of the coastal bed
Structure of the intertidal zone
Tidal regime
Direction of dominant currents
Wave exposure
Table 7
The physico-chemical quality elements supporting the biological elements to be taken into account when calculating ecological status
Surface water category
Physico-chemical quality element
River water body
General conditions
Thermal conditions, oxygenation conditions, salinity, acidification status and nutrient conditions
Specific pollutants
Pollution by synthetic or non synthetic substances listed in Table 10 of Schedule 5 of these Regulations, not being for the time being identified as priority substances, which are discharged in significant quantities into the body of water
Lake water body
General conditions
Transparency, thermal conditions, oxygenation conditions, salinity, acidification subtatus and nutrient conditions
Specific pollutants
Pollution by synthetic or non synthetic substances listed in Table 10 of Schedule 5 of these Regulations, not being for the time being identified as priority substances, which are discharged in significant quantities into the body of water
Transitional water body
General conditions
Transparency, thermal conditions, oxygenation conditions, salinity and nutrient conditions
Specific pollutants
Pollution by synthetic or non synthetic substances listed in Table 10 of Schedule 5 of these Regulations, not being for the time being identified as priority substances, which are discharged in significant quantities into the body of water
Coastal water body
General conditions
Transparency, thermal conditions, oxygenation conditions, salinity and nutrient conditions
Specific pollutants
Pollution by synthetic or non synthetic substances listed in Table 10 of Schedule 5 of these Regulations, not being for the time being identified as priority substances, which are discharged in significant quantities into the body of water
SCHEDULE 5 CRITERIA FOR CALCULATING SURFACE WATER ECOLOGICAL STATUS AND ECOLOGICAL POTENTIAL
Table 8 — Biological quality elements
RIVERS (All types)
Ecological quality ratio
Biological quality element
Classification system
High – good boundary
Good – moderate boundary
Benthic invertebrate fauna
Quality rating system (Q – value)
0.85
0.75
Phytobenthos
Trophic diatom index (TDI)
0.93
0.78
LAKES
Biological quality element
Classification system
Lake type (1)
Ecological quality ratio
Chlorophyll a (μg/l)
High – good boundary
Good – moderate boundary
High – good
Good – moderate
Phytoplankton (2)
Phytoplankton biomass (3) (Chlorophyll a)
Lake type 4
0.50
0.33
6
9
Lake types 7, 8, 11 and 12
0.55
0.32
5.8
10
Macrophytes
Lake macrophytes
All types
0.90
0.68
(1) Type 4: Low alkalinity (<20 mg/1 CaCO3), deep (>4m) and large (<50 ha )
Type 7: Moderate alkalinity (20-100 mg/1 CaCO3), deep (>4m) and small (< 50 ha )
Type 8: Moderate alkalinity (20-100 mg/1 CaCO3), deep (>4m) and large (>50 ha)
Type 11: High alkalinity (>100 mg/1 CaCO3), deep (>4m) and small (<50 ha )
Type 12: High alkalinity (>100 mg/1 CaCO3), deep (>4m) and large (>50 ha)
(2) The phytoplankton boundary conditions for lake types 7,8,11 and 12 shall apply on an interim basis for classifying lake types not currently listed. EQR boundary conditions are yet to be developed for shallow calcareous lakes.
(3) Growing season (March to October) mean value. A minimum of 4 samples distributed throughout the growing season is required in any one year. Phytoplankton biomass is not an appropriate indicator for assessing lake trophic status when zebra mussels are present.
COASTAL WATERS (All types with the exception of coastal water lagoons)
Biological quality element
Classification system
Ecological quality ratio
High-good boundary
Good-moderate boundary
Phytoplankton
High – good
Good – moderate
Chlorophyll (μg/l) (1)
Phytoplankton biomass (Chlorophyll)
0.66
0.33
2.5 (median value) and 5.0 (90 percentile value) (2)
5.0 (median value) and 10.0 (90 percentile value) (3)
5.0 (median value) and 10.0 (90 percentile value) (2)
10.0 (median value) and 20 (90 percentile value) (3)
Phytoplankton composition
0.84
0.43
Percentage of single taxa counts above thresholds
20
39
COASTAL AND TRANSITIONAL WATERS (All types with the exception of transitional and coastal water lagoons)
Biological quality element
Classification system
Ecological quality ratio
High – good boundary
Good – moderate boundary
Rocky shore reduced species list multimetric system
0.80
0.60
Macroalgae
Opportunistic macroalgae multimetric system
0.80
0.60
(1) Growing season March to September
(2) Cold acetone extraction method
(3) Hot methanol extraction method
Table 9
Physico-chemical conditions supporting the biological elements
PART A: General conditions
THERMAL CONDITIONS
Thermal conditions
River water body
Lake water body
Transitional water body
Coastal water body
Temperature
Not greater than a 1.5°C rise in ambient temperature outside the mixing zone
OXYGENATION CONDITIONS (BIOCHEMICAL OXYGEN DEMAND)
Oxygenation conditions
River water body
Lake water body
Transitional water body
Coastal water body
Biochemical Oxygen Demand (BOD)(mg O2 /l)
High status ≤1.3 (mean (1)) or ≤2.2 (95%ile)
Good status ≤1.5 (mean (1)) or ≤2.6 (95%ile)
≤4.0 mg/l (95%ile)
(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications for chemical monitoring and quality of analytical results to be adopted in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
OXYGENATION CONDITIONS CONTINUED (DISSOLVED OXYGEN)
Oxygenation conditions
River water body
Lake water body
Transitional water body
(Summer)
Coastal water body
(Summer)
Dissolved oxygen lower limit
95%ile >80% saturation
(0 psu (1))95%ile >70% saturation
(35 psu)95%ile >80% saturation
(35 psu) 95%ile > 80% saturation
Dissolved oxygen upper limit
95%ile <120% saturation
(0 psu) 95%ile <130% saturation
(35 psu) 95%ile <120% saturation
(35 psu) 95%ile <120% saturation
ACIDIFICATION STATUS
Acidification status
River water body
Lake water body
Transitional water body
Coastal water body
pH(Individual values)
Soft (2) Water 4.5< pH < 9.0
Hard (3) Water 6.0< pH < 9.0
(1) psu: The Practical Salinity Unit defines salinity in terms of a conductivity ratio of a sample to that of a solution of 32.4356 g of KCL at 15°C in I kg of solution. A sample of seawater at 15°C with a conductivity equal to this KCL solution has a salinity of exactly 35 practical salinity units.
(2) Water hardness ≤ 100 mg/1 CaCO3
(3) Water hardness > 100 mg/1 CaCO3
NUTRIENT CONDITIONS
Nutrient conditions
River water body
Lake (1)
Transitional water body
Coastal water body
Total Ammonia (mg N/l)
High status ≤0.040 (mean) or ≤0.090 (95%ile)
Good status ≤0.065 (mean) or ≤0.140 (95%ile)
Dissolved Inorganic Nitrogen (mg N/l)
Good status(0 psu (2)) ≤2.6 mg N/l
(34.5 psu (2)) ≤0.25 mg N/l
High status(34.5 psu (2)) ≤0.17 mg/N/l
Molybdate Reactive
Phosphorus (MRP)(mg P/l)
High status ≤0.025 (mean) or ≤0.045 (95%ile)
Good status ≤0.035 (mean) or ≤0.075 (95%ile)
(0-17 psu) ≤0.060 (median)
(35psu) ≤0.040 (median)
(1) Total phosphorus (TP) is an important measure of lake trophic status and TP measurements are included as part of the lakes monitoring programme; TP boundary conditions are yet to be established for lakes.
(2) Linear interpolation to be used to establish the limit value for water bodies between these salinity levels based on the median salinity of the water body being assessed.
Table 10
Physico-chemical conditions supporting the biological elements
PART B: Specific pollutants
AA: annual average (1)
MAC: maximum allowable concentration
Unit: [μg/l]
Name of substance
Environmental quality standard (EQS) (2) (3) (6)
AA-EQS (7)
Inland surface waters
AA-EQS
Other surface waters
MAC-EQS (8)
Inland surface waters
MAC-EQS
Other surface waters
Arsenic
25
20
–
–
Chromium III
4.7
–
32
–
Chromium VI
3.4
0.6
–
32
Copper (4)
5 or 30
5
–
–
Cyanide
10
10
–
–
Diazinon
0.01
0.01
0.02
0.26
Dimethoate
0.8
0.8
4
4
Fluoride
500
1,500
–
–
Glyphosate
60
–
–
–
Linuron
0.7
0.7
0.7
0.7
Mancozeb
2
2
7.3
7.3
Monochlorobenzene
1.5
25
–
–
Phenol
8
8
46
46
Toluene
10
10
–
–
Xylenes
10
10
–
–
Zinc (5)
8 or 50 or 100
40
–
–
(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with technical specifications to be adopted for chemical monitoring and quality of analytical results in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
(2) The values for all metals are for dissolved metals i.e. after filtration through a 0.45 micron filter, In designing monitoring programmes, it was recommended that total chromium be determined. Where the result for total chromium is less than the EQS for Cr VI, no further investigation is deemed necessary. Where the total Chromium level is above the EQS, an assessment should be made of the potential discharges of Cr VI into the waterbody. Where there is a risk of Cr VI contamination, speciation studies should be included in the monitoring programme.
(3) The values for all metals, except Chromium VI, are as added values to background concentrations.
(4) In the case of Copper the value 5 applies where the water hardness measured in mg/l CaCO3 is less than or equal to 100; the value 30 applies where the water hardness exceeds 100 mg/l CaCO3.
(5) In the case of Zinc, the standard shall be 8 μg/l for water hardness with annual average values less than or equal to 10 mg/l CaCO3, 50 μg/l for water hardness greater than 10 mg/l CaCO3 and less than or equal to 100 mg/l CaCO3 and 100 μg/l elsewhere.
(6) Standards for compounds other than metals refer to total concentrations in the whole water sample.
(7) AA-EQS means that for each representative monitoring point within the waterbody, the arithmetic mean of the concentrations measured over a twelve month monitoring period does not exceed the standard.
(8) MAC-EQS means that for each representative monitoring point within the waterbody no measured concentration exceeds the standard.
SCHEDULE 6
Table 11
The environmental quality standards for priority substances and certain other pollutants to apply for the purpose of assigning chemical status
With the exception of cadmium, lead, mercury and nickel (hereinafter “metals”) the EQS values in tables 11 and 12 are expressed as total concentrations in the whole water sample. In the case of metals the EQS refers to the dissolved concentration, i.e. the dissolved fraction of a water sample obtained by filtration through a 0.45 μm filter or any equivalent pre-treatment
Priority Substances
AA: annual average (1)
MAC: maximum allowable concentration
Unit: [μg/l]
(1)
(2)
(3)
(4)
(5)
(6)
(7)
N°
Name of substance
Chemical Abstracts Service number
AA-EQS (2) Inland surface waters (3)
AA-EQS (2) Other surface waters
MAC-EQS (4) Inland surface waters (3)
MAC-EQS (4) Other surface waters
(1)
Alachlor
15972-60-8
0.3
0.3
0.7
0.7
(2)
Atrazine
1912-24-9
0.6
0.6
2.0
2.0
(3)
Benzene
71-43-2
10
8
50
50
(4)
Carbon-tetrachloride (5)
56-23-5
12
12
not applicable
not applicable
(5)
Chlorfenvinphos
470-90-6
0.1
0.1
0.3
0.3
(6)
Chlorpyrifos (Chlorpyrifos-ethyl)
2921-88-2
0.03
0.03
0.1
0.1
(7a)
Cyclodiene pesticides:
Aldrin (5)
Dieldrin (5)
Endrin (5)
Isodrin (5)
309-00-2
60-57-1
72-20-8
465-73-6
Σ=0.01
Σ=0.005
not applicable
not applicable
(7b) 6
DDT total (5) (6)
not applicable
0.025
0.025
not applicable
not applicable
para-para-DDT (5)
50-29-3
0.01
0.01
not applicable
not applicable
(8)
1,2-Dichloroethane
107-06-2
10
10
not applicable
not applicable
(9)
Dichloromethane
75-09-2
20
20
not applicable
not applicable
(10)
Di(2-ethylhexyl)-phthalate (DEHP)
117-81-7
1.3
1.3
not applicable
not applicable
(11)
Diuron
330-54-1
0.2
0.2
1.8
1.8
(12)
Fluoranthene
206-44-0
0.1
0.1
1
1
(13)
Isoproturon
34123-59-6
0.3
0.3
1.0
1.0
(14)
Lead and its compounds
7439-92-1
7.2
7.2
not applicable
not applicable
(1)
(2)
(3)
(4)
(5)
(6)
(7)
N°
Name of substance
Chemical Abstracts Service number
AA-EQS (2) Inland surface waters (3)
AA-EQS (2) Other surface waters
MAC-EQS (4) Inland surface waters (3)
MAC-EQS (4) Other surface waters
(15)
Naphthalene
91-20-3
2.4
1.2
not applicable
not applicable
(16)
Nickel and its compounds
7440-02-0
20
20
not applicable
not applicable
(17)
Octylphenol((4-(1,1’,3,3’-tetramethylbutyl)-phenol))
140-66-9
0.1
0.01
not applicable
not applicable
(18)
Pentachloro-phenol
87-86-5
0.4
0.4
1
1
(19)
Simazine
122-34-9
1
1
4
4
(20a)
Tetrachloro-ethylene (5)
127-18-4
10
10
not applicable
not applicable
(20b)
Trichloro-ethylene (5)
79-01-6
10
10
not applicable
not applicable
(21)
Trichloro-benzenes
12002-48-1
0.4
0.4
not applicable
not applicable
(22)
Trichloro-methane
67-66-3
2.5
2.5
not applicable
not applicable
(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications to be adopted for chemical monitoring and quality of analytical results in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
(2) This parameter is the Environmental Quality Standard expressed as an annual average value (EQS-AA). Unless otherwise specified, it applies to the total concentration of all isomers.
(3) Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.
(4) This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (MAC-EQS). Where the MAC-EQS are marked as “not applicable”, the AA-EQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on the basis of acute toxicity.
(5) This substance is not a priority substance but one of the other pollutants for which the EQS are identical to those laid down in community legislation that applied prior to Directive 2008/105/EC of the European Parliament and Council on environmental quality standards in the field of water policy.
(6) DDT total comprises the sum of the isomers 1,1,1-trichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 50-29-3; EU number 200-024-3); 1,1,1-trichloro-2 (o-chlorophenyl)-2-(p-chlorophenyl) ethane (CAS number 789-02-6; EU Number 212-332-5); 1,1-dichloro-2,2 bis (p-chlorophenyl) ethylene (CAS number 72-55-9; EU Number 200-784-6); and 1,1-dichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 7254-8; EU Number 200-783-0).
Table 12
The environmental quality standards for priority hazardous substances to apply for the purpose of assigning chemical status
Priority Hazardous Substances
AA: annual average (1)
MAC: maximum allowable concentration
Unit: [μg/l]
(1)
(2)
(3)
(4)
(5)
(6)
(7)
N°
Name of substance
Chemical Abstracts Service number
AA-EQS (2) Inland surface waters (3)
AA-EQS (2) Other surface waters
MAC-EQS (4) Inland surface waters (3)
MAC-EQS (4) Other surface waters
(1)
Anthracene
120-12-7
0.1
0.1
0.4
0.4
(2)
Brominated diphenylether (5)
32534-81-9
0.0005
0.0002
not applicable
not applicable
(3)
Cadmium and its compounds(depending on water hardness classes) (6)
7440-43-9
≤0.08(Class1
)
0.08 (Class2)
0.09 (Class3)
0.15 (Class4)
0.25 (Class5)
0.2
≤0.45 (Class1)
0.45 (Class2)
0.6 (Class 3)
0.9 (Class 4)
1.5 (Class 5)
≤0.45(Class1)
0.45 (Class2)
0.6 (Class 3)
0.9 (Class 4)
1.5 (Class 5)
(4)
C10-13 Chloroalkanes
85535-84-8
0.4
0.4
1.4
1.4
(5)
Endosulfan
115-29-7
0.005
0.0005
0.01
0.004
(6)
Hexachloro-benzene
118-74-1
0.01
0.01
0.05
0.05
(7)
Hexachloro-butadiene
87-68-3
0.1
0.1
0.6
0.6
(8)
Hexachloro-cyclohexane
608-73-1
0.02
0.002
0.04
0.02
(9)
Mercury and its compounds
7439-97-6
0.05
0.05
0.07
0.07
(10)
Nonylphenol (4-Nonylphenol)
104-40-5
0.3
0.3
2.0
2.0
(11)
Pentachloro-benzene
608-93-5
0.007
0.0007
not applicable
not applicable
(12)
Polyaromatic hydrocarbons (PAH) (7)
not applicable
not applicable
not applicable
not applicable
not applicable
Benzo(a)pyrene
50-32-8
0.05
0.05
0.1
0.1
Benzo(b)fluor-anthene
205-99-2
Σ=0.03
Σ=0.03
not applicable
not applicable
Benzo(k)fluor-anthene
207-08-9
Benzo(g,h,i)-perylene
191-24-2
Σ=0.002
Σ=0.002
not applicable
not applicable
Indeno(1,2,3-cd)-pyrene
193-39-5
(13)
Tributyltin compounds (Tributhyltin-cation)
36643-28-4
0.0002
0.0002
0.0015
0.0015
(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications for chemical monitoring and quality of analytical results to be adopted in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
(2) This parameter is the Environmental Quality Standard expressed as an annual average value (EQS-AA). Unless otherwise specified, it applies to the total concentration of all isomers.
(3) Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.
(4) This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (EQS-MAC). Where the MAC-EQS are marked as “not applicable”, the AA-EQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on the basis of acute toxicity.
(5) For the group of priority substances covered by brominated diphenylethers listed in Decision 2455/2001/EC, an EQS is established only for congener numbers 28, 47, 99, 100, 153 and 154.
(6) For Cadmium and its compounds the EQS values vary dependent upon the hardness of the water as specified in five class categories (Class 1: < 40 mg CaCO3/1, Class 2: 40 to < 50 mg CaCO3/1, Class 3: 50 to <100 mg CaCO3/1, Class 4: 100 to <200 mg CaCO3/1 and Class 5: ≥200 mg CaCO3/1).
(7) For the group of substances polyaromatic hydrocarbons (PAH) each individual EQS is applicable, i.e. the EQS for Benzo(a)pyrene, the EQS for the sum of Benzo(b)fluoranthene and Benzo(k)fluoranthene and the EQS for the sum of Benzo(g,h,i)perylene and Indeno(1,2,3-cd)pyrene must be met.
/images/ls
GIVEN under the Official Seal of the Minister for the Environment,
16 July 2009
JOHN GORMLEY
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations give statutory effect to Directive 2008/105/EC on environmental quality standards in the field of water policy. The Regulations also give further effect to Directive 2000/60/EC establishing a framework for Community action in the field of water policy and Directive 2006/11/EC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community.
The Regulations apply to all surface waters and provide, inter alia, for—
•The establishment of legally binding quality objectives for all surface waters and environmental quality standards for pollutants.
•The examination and where appropriate, review of existing discharge authorisations by Public Authorities to ensure that the emission limits laid down in authorisations support compliance with the new water quality objectives/standards.
•The classification of surface water bodies by the EPA for the purposes of the Water Framework Directive.
•The establishment of inventories of priority substances by the EPA.
•The drawing up of pollution reduction plans by coordinating local authorities (in consultation with the EPA) to reduce pollution by priority substances and to cease and/or phase out discharges, emissions or losses of priority hazardous substances.
These Regulations revoke the Local Government (Water Pollution) Act 1977 (Water Quality Standards for Phosphorus) Regulations 1998 ( S.I. No. 258 of 1998 ) and the Water Quality (Dangerous Substances) Regulations 2001 ( S.I. No. 12 of 2001 ).
1 O.J. No. L64/52, 4 March 2006
2 O.J. No. L327/1, 22 December 2000
3 O.J. No. L 348/84, 24 December 2008
S.I. No. 272/2009 –
European Communities Environmental Objectives (Surface Waters) Regulations 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 24th July, 2009.
WHEREAS, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 (3) of the European Communities Act 1972 (No. 27 of 1972) as inserted by section 2 of the European Communities Act 2007 (No. 18 of 2007), consider it necessary for the purpose of giving further effect to Directive 2006/11/EC 1 of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, Directive 2000/60/EC 2 of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, and Directive 2008/105/EC 3 of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC 1 of the European Parliament and of the Council to make provision for offences under the following Regulations to be prosecuted on indictment:
AND WHEREAS, I consider that it is necessary, having regard to section 3(3) of the Act of 1972, and for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following Regulations are effective, proportionate and have a deterrent effect, having regard to the acts or omissions of which the offence consists, to make such provisions in the following Regulations:
NOW THEREFORE, I JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by the European Communities Act 2007 ( S.I. No. 18 of 2007 ) and for the purpose of giving further effect to Directive 2006/11/EC 1 of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, Directive 2000/60/EC 2 of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, and Directive 2008/105/EC 3 of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC 1 of the European Parliament and of the Council hereby make the following Regulations:
PART I PURPOSE AND INTERPRETATION
Citation and commencement
1. (1) These Regulations may be cited as the European Communities Environmental Objectives (Surface Waters) Regulations 2009.
(2) These Regulations shall come into operation on the 30th of July 2009.
Purpose and scope of the Regulations
2. These Regulations apply to all surface waters and are made to give effect to the measures needed to achieve the environmental objectives established for bodies of surface water by Directive 2000/60/EC of the European Parliament and of the Council, hereinafter known as the Water Framework Directive, including the environmental quality standards established by Directive 2008/105/EC of the European Parliament and of the Council and to give further effect to the requirements of Directive 2006/11/EC of the European Parliament and of the Council, hereinafter known as the Dangerous Substances Directive and include the following:
(a) measures for the protection of surface water bodies whose status is determined to be high or good (or good potential as the case may be) and measures requiring the restoration of surface water bodies of less than good status (or good potential as the case may be) to not less than good status (or good potential) by not later than 22 December 2015;
(b) measures establishing environmental quality standards for priority substances and certain other pollutants as provided for in Article 16 of the Water Framework Directive that are to apply in calculating the chemical status of bodies of surface water;
(c) measures that provide for the progressive reduction of pollution by priority substances in accordance with the provisions of Article 4(1)(a)(iv) and Article 16(1) and (8) of the Water Framework Directive;
(d) measures establishing a list of priority hazardous substances for which measures are to be put in place with the aim of ceasing or phasing out of emissions, discharges and losses of these substances as provided for by Article 4(1)(a)(iv) and Article 16(1) and (8) of the Water Framework Directive;
(e) measures establishing environmental quality standards for the pollutants listed in points 1 to 9 of Annex VIII of the Water Framework Directive that are to apply in calculating the ecological status or, where relevant, the ecological potential of bodies of surface water in accordance with the provisions and objectives of Article 4(1)(a)(ii) and 4(1)(a)(iii) of that Directive;
(f) measures establishing environmental quality standards for the general conditions specified in Annex V of the Water Framework Directive that are to apply in calculating the ecological status or, where relevant, the ecological potential of bodies of surface water in accordance with the provisions and objectives of Article 4(1)(a)(ii) and 4(1)(a)(iii) of that Directive;
(g) measures establishing the ecological quality ratios that represent the boundaries between high and good ecological status and between good and moderate ecological status for the biological quality elements specified in Annex V of the Water Framework Directive that are to apply in calculating the ecological status of bodies of surface water in accordance with the provisions and objectives of Article 4 of that Directive;
(h) the laying down of rules for the presentation and reporting of surface water monitoring results and the classification of ecological status, ecological potential and the chemical status of surface water bodies in accordance with the requirements of Article 15, Annex V and Annex VII of the Water Framework Directive;
(i) measures to prevent and reduce the pollution of waters by dangerous substances and give further effect to the requirements of Articles 6 and 9 of the Dangerous Substances Directive;
(j) measures that provide for the establishment and operation of programmes in order to achieve the objectives established under Article 4(1) (a) of the Water Framework Directive including the reduction in pollution of waters by List II substances as required by Articles 6 and 9 of the Dangerous Substances Directive.
Interpretation
3. (1) In these Regulations, save where the context otherwise requires,—
“Act of 1972” means the European Communities Act of 1972 as amended by the European Communities Act 2007 ;
“Act of 1977” means the Local Government (Water Pollution) Act 1977 as amended by the Local Government (Water Pollution) (Amendment) Act 1990 ;
“Act of 1992” means the Environmental Protection Agency Act 1992 as amended by the Protection of the Environment Act 2003 and the Water Services Act 2007 ;
“Act of 1996” means the Waste Management Act 1996 as amended by the Waste Management (Amendment) Act 2001 , Part 3 of the Protection of the Environment Act 2003 , Part 2 of the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 ), Waste Management (Environmental Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 ), Waste Management (Registration of Brokers and Dealers) Regulations 2008 ( S.I. No. 113 of 2008 ) and the Waste Management (Certification of Historic Unlicensed Waste Disposal and Recovery Activity) Regulations 2008 ( S.I. No. 524 of 2008 );
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000) as amended;
“Agency” means the Environmental Protection Agency;
“artificial water body” means a body of surface water created by human activity;
“body of surface water” means a discrete and significant element of surface water such as a lake, reservoir, stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water;
“coastal water” means surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters;
“co-ordinating local authority” has the same meaning as in the 2003 Regulations;
“Commission” means the Commission of the European Communities;
“Dangerous Substances Directive” means Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community;
“Directive 2008/105/EC” means Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council;
“Directive 91/414/EEC” means Council Directive 91/414/EEC of the European Parliament and of the Council of 15 July 1991 concerning the placing of plant protection products on the market;
“Directive 96/61/EC” means Council Directive 96/61/EC of the European Parliament and of the Council of 24 September 1996 concerning integrated pollution prevention and control as amended by Directives 2003/35/EC and 2003/87/EC, and Regulation 1882/2003/EC;
“ecological status” is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters, classified in accordance with the normative definitions of ecological status described in the Water Framework Directive;
“ecological quality ratio” is an expression of the relationship between the values of the biological parameters observed for a given body of surface water and the values for those parameters in the reference conditions applicable to that body and which pursuant to Directive 2000/60/EC of the European Parliament and of the Council, the Water Framework Directive, and Commission Decision 2008/915/EC of 30 October 2008, or any future amendment thereof, sets the values of a Member State’s monitoring system classification as a result of the intercalibration exercise referred to in paragraph 1.4.1 Annex V of that Directive. The ratio is expressed as a numerical value between zero and one, with high ecological status represented by values close to one and bad ecological status by values close to zero;
“environmental pollution” means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, or which result in damage to material property or which impair or interfere with amenities and other legitimate uses of the environment;
“European site” means—
(a) a site (until the adoption, in respect of the site, of a decision by the European Commission under Article 21 of Council Directive 92/43/EEC for the purposes of the third paragraph of Article 4(2) of that Directive)—
(i) notified for the purposes of Regulation 4 of the European Communities (Natural Habitats) Regulations ( S.I. No. 94 of 1997 ), subject to any amendments made to it by virtue of Regulation 5 of those Regulations,
(ii) details of which have been transmitted to the Commission in accordance with Regulation 5(4) of the said Regulations, or
(iii) added by virtue of Regulation 6 of the said Regulations to the list transmitted to the Commission in accordance with Regulation 5(4) of those Regulations,
(b) a site adopted by the European Commission as a site of Community importance for the purposes of Article 4(2) of Council Directive 92/43/EEC in accordance with the procedures laid down in Article 21 of that Directive,
(c) a special area of conservation within the meaning of the European Communities (Natural Habitats) Regulations ( S.I. No. 94 of 1997 ) or
(d) an area classified pursuant to Article 4(1) or 4(2) of Council Directive 79/409/EEC.
“good ecological potential” is the status of a body of surface water that is created by human activity or substantially changed in character as a result of physical alterations by human activity and so classified in accordance with the relevant provisions of Annex V of the Water Framework Directive;
“good surface water chemical status” means the chemical status required to meet the environmental quality standards for surface waters established by the Water Framework Directive and Directive 2008/105/EC on environmental quality standards in the field of water policy; that is the chemical status achieved by a body of surface water in which the concentrations of priority substances and certain other pollutants do not exceed the environmental quality standards established in Schedule 6 of these Regulations;
“good surface water status” means the status achieved by a surface water body when both its ecological status and its chemical status are at least ‘good’;
“hazardous substance” means substances or groups of substances that are toxic, persistent and liable to bio-accumulate and other substances or groups of substances that give rise to an equivalent level of concern;
“heavily modified water body” means a body of surface water which as a result of physical alterations by human activity is substantially changed in character, and identified as such for the purpose of these Regulations;
“lake” means a body of standing inland surface water;
“Minister” means the Minister for the Environment, Heritage and Local Government unless otherwise indicated;
“pollutant” means any substance liable to cause pollution, and, for the purpose of this definition, ‘substance’ includes bacteria and other pathogens, where relevant, and the expression “polluting matter” shall be construed accordingly;
“priority hazardous substances” means those substances or groups of substances forming a subset of priority substances identified by the Commission in accordance with Article 16(3) of the Water Framework Directive and for which measures have to be taken to cease or phase-out discharges, losses and emissions and which are listed in Table 12 of Schedule 6 of these Regulations;
“priority substances” means those substances or groups of substances, identified by the Commission in accordance with Article 16(2) of the Water Framework Directive and listed in Tables 11 and 12 of Schedule 6 of these Regulations that have been prioritised for action by the setting of environmental quality standards at Community level;
“protected areas” means areas designated as requiring special protection under specific Community legislation for the protection of their surface water and groundwater or for the conservation of habitats and species of European sites directly dependent on water and listed in the register established by the Agency in accordance with Article 8 of the 2003 Regulations;
“public authority” means an authority or State Sponsored Body listed in Schedule 1 of these Regulations;
“Regulation (EC) No. 166/2006” means Regulation (EC) No. 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC;
“representative monitoring point” means a surface water monitoring point identified by the Agency in accordance with the requirements of Article 10 of the 2003 Regulations which is to be used to calculate the status of a body of surface water for the purpose of Part IV of these Regulations and which does not lie within the mixing zone of a point of discharge;
“river basin district” has the same meaning as in the 2003 Regulations;
“river basin district advisory council” means a council established in accordance with Article 16 of the 2003 Regulations;
“river basin management plan” means a plan, or updating of a plan, made in accordance with Article 13 of the 2003 Regulations;
“river” means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course;
“surface water” means inland waters (except groundwater), transitional waters and coastal waters, except in respect of chemical status for which it shall also include territorial waters;
“transitional waters” are bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows;
“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy;
“2003 Regulations” means the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ) as amended;
“2009 Regulations” means the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2009 ( S.I. No. 101 of 2009 ) or any future amendment thereto.
(2) A word or expression that is used in these Regulations and is also used in Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council has, unless the contrary intention appears, the same meaning in these Regulations as in the Directive concerned.
(3) In these Regulations, unless otherwise identified, a reference to—
(a) a Part is a reference to a Part of these Regulations;
(b) an Article is a reference to an Article of these Regulations;
(c) a sub-article, paragraph or sub-paragraph is a reference to a sub-article, paragraph or sub-paragraph of the Article, sub-article or paragraph in which the reference occurs.
PART II DUTIES ON PUBLIC AUTHORITIES AND OTHER PERSONS
Duty on public authorities
4. A public authority that has functions the performance of which may affect the achievement of the environmental objectives established by these Regulations shall undertake those functions in a manner that will, as far as practicable, promote compliance with the requirements of these Regulations and, in particular shall—
(a) ensure, in so far as its functions allow, that—
(i) surface water bodies comply with the relevant environmental quality standards specified in the Schedules contained in these Regulations, and
(ii) protected areas achieve compliance with any standards and objectives laid down for such areas at the latest by 22 December 2015 unless otherwise specified in the national legislation under which the individual protected areas have been established.
Where one or more of the objectives or standards under this sub-paragraph relates to a given body of water, the most stringent shall apply
(b) establish or make operational within the timeframes prescribed such measures appropriate to its functions as are necessary to achieve the environmental objectives and quality standards established, including the objective of progressively reducing pollution by priority substances and the ceasing or phasing out of emissions, discharges and losses of priority hazardous substances, and
(c) consult, co-operate and liaise with other public authorities within the river basin district and, where appropriate with the relevant competent authorities in Northern Ireland, in such a manner and to such extent as is necessary to co-ordinate compliance with these Regulations.
5. A public authority shall not, in the performance of its functions, undertake those functions in a manner that knowingly causes or allows deterioration in the chemical status or ecological status (or ecological potential as the case may be) of a body of surface water.
6. In order to achieve the environmental objectives established by these Regulations, and without prejudice to the generality of Article 4 or Article 5, measures shall, taking account of the results of the analyses undertaken for the purpose of Article 7 of the 2003 Regulations, include the measures listed in Schedule 2.
Emission controls and environmental quality standards
7. Point source and diffuse source discharges liable to cause water pollution are prohibited except where subject to a system of prior authorisation or registration based on general binding rules. A public authority that authorises a discharge to waters shall lay down emission limits in the authorisation granted that satisfy the following requirements:
(a) the emission limits shall establish the maximum concentration and the maximum quantity of a substance permissible in a discharge and shall aim to achieve the environmental objectives established in Part III of these Regulations including the environmental quality standards set out in Schedules 5 and 6 and any standards or objectives laid down for protected areas, and
(b) discharges shall be controlled according to the combined approach whereby emission limits shall be established according to the stricter of the requirements which would result from the application of limits which aim to achieve the quality standards referred to in sub- paragraph (a) and, where relevant, the application of limits based on—
(i) emission controls based on best available techniques, or
(ii) relevant emission limit values, or
(iii) in the case of diffuse impacts controls including, as appropriate, best environmental practices set out in:
— a specification prepared by the Agency in accordance with section 5 of the Environmental Protection Agency Act 1992 as amended by section 7 of the Protection of the Environment Act 2003 or
— the Urban Waste Water Treatment Regulations 2001 ( S.I. No. 254 of 2001 ) as amended by the Urban Waste Water Treatment (Amendment) Regulations 2004 ( S.I. No. 440 of 2004 ) or any future amendment thereof or
— the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2009 ( S.I. No. 101 of 2009 ) or any future amendment thereof or
— the Local Government (Water Pollution) Act, 1977 (Control of Cadmium Discharges) Regulations 1985 ( S.I. No. 294 of 1985 ) or
— the Local Government (Water Pollution) Act, 1977 (Control of Hexachlorocyclohexane and Mercury Discharges) Regulations 1986 ( S.I. No. 55 of 1986 ) or
— the Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Carbon Tetrachloride, DDT and Pentachlorophenol Discharges) Regulations 1994 ( S.I. No. 43 of 1994 ) or
— measures or controls identified in a pollution reduction plan for the river basin district prepared in accordance with Part V of these Regulations for the reduction of pollution by priority substances or the ceasing or phasing out of emissions, discharges and losses of priority hazardous substances.
8. A person, public authority or body corporate authorised or otherwise regulated within the meaning of Article 7 shall comply within the timeframe specified, with the emission limits, or other requirements, laid down in the authorisation granted.
9. Requirements under Article 7 shall apply to all new authorisations to discharge into surface waters and to reviews of existing authorisations, granted under the Dumping at Sea Acts 1996-2004, the Foreshore Acts 1933-1992, the Fisheries Acts 1959-2003, the Act of 1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose under the Act of 1972, or any other enactment, from the date of coming into force of these Regulations.
10. When authorising a discharge into a body of surface water, a public authority may decide to not apply emission limits based on the environmental quality standards set out in Schedules 5 and 6 of these Regulations where the said discharge or loss is made into waters covered by Article 30 or 31 of these Regulations and provided—
(1) the requirements of the said Articles are complied with in full, and
(2) the reason or reasons for not applying the said emission limits are set out in the river basin management plan referred to in Article 13 of the 2003 Regulations, and
(3) the requirements of Article 34 of these Regulations are met.
Review of existing authorisations
11. (1) Notwithstanding any existing provisions of the Acts or Regulations referred to in Article 9, or any Regulation made to give effect to a requirement of the said Acts, a public authority shall as soon as may be practicable, but not later than 22 December 2012 and sooner if required or where directed by the Minister,
(a) examine the terms of every authorisation or revised authorisation to which Article 9 applies and for the time being in force and determine whether, having regard to the requirements of Article 7 of these Regulations, the authorisation or revised authorisation requires to be reviewed for the purposes of compliance with the said Article, and
(b) if the authorisation or revised authorisation requires to be so reviewed complete such a review by the required date, or
(c) if the authorisation or revised authorisation does not require to be so reviewed and accordingly, that no further action is required, declare in writing that this is the case.
(2) A public authority shall from time to time carry out such further examination, and where necessary review, of authorisations as may be necessary to ensure compliance with the environmental objectives and quality standards established by these Regulations.
Programmes to ensure the effectiveness of new and existing authorisations and programmes for the examination of farm installations and the control of farmyard pollution
12. (1) For the purpose of Article 11 of these Regulations and in order to reduce pollution of waters by dangerous substances and to give further effect to the requirements of Articles 6 and 9 of the Dangerous Substances Directive, the Minister shall not later than 22 December 2009 prepare, or cause to have prepared—
(a) programmes, including deadlines, for the examination and review, as appropriate, of authorisations under the Acts and Regulations referred to in Article 9. The programmes shall include measures to ensure compliance with the requirements of authorisations granted as well as measures for the identification and follow-up of unauthorised discharges;
(b) programmes for the monitoring and inspection of farm installations to verify compliance with the prohibition on the discharge of substances liable to cause environmental pollution. The programmes shall include measures for follow-up action, including enforcement measures where relevant, in the event that non-compliance is detected. Programmes prepared for the purpose of the 2009 Regulations may be construed as programmes for the purposes of this sub-paragraph.
(2) A public authority shall comply with the programmes and deadlines so prepared.
Prosecution of offences and performance of statutory functions by public authorities
13. It shall be an offence not to comply with a requirement of these Regulations.
14. A person, public authority, body corporate or unincorporated body guilty of an offence is liable,
(1) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both, or
(2) on conviction on indictment to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both.
15. Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or of a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if that person was guilty of the first-mentioned offence.
16. Where the affairs of a body corporate or unincorporated body are managed by its members, Article 15 shall apply to the acts and defaults of a member in connection with that member’s functions of management as if that member was a director or manager of the body.
17. A prosecution for an offence under these Regulations may be taken by a Minister of the Government, the Agency, the co-ordinating local authority for the river basin district, and, where appropriate, the relevant public authority. A prosecution for an offence may be taken by a local authority within the river basin district whether or not the offence is committed in the functional area of the authority.
Performance of functions and duties under these Regulations
18. Where the Minister, the Agency, the co-ordinating local authority for the river basin district, and, where appropriate, the relevant public authority, as appropriate, is of the opinion that a person, public authority or body corporate has failed to comply with a function or duty under these Regulations, or has performed that function or duty in an unsatisfactory manner, the co-ordinating local authority, the Agency, the Minister or the relevant public authority, as appropriate, may request a report within a specified period from the person, public authority or body corporate in relation to the matter and the person, public authority or body corporate shall comply with the request.
19. The co-ordinating local authority, the Agency, the Minister or the relevant public authority, as appropriate, having considered any report of the person, public authority or body corporate may, with a view to ensuring the satisfactory performance of the function or duty in question—
(1) Issue such advice and recommendations to the person, public authority or body corporate as it considers necessary, or
(2) Provide, on such terms and conditions as may be agreed, such assistance or support as the co-ordinating local authority, the Agency, the Minister or the relevant public authority considers, in consultation with the person, public authority or body corporate concerned, would be helpful.
20. Where the co-ordinating local authority for the river basin district, the Agency, the Minister or the relevant public authority is of the opinion that the response of the person, public authority or body corporate to advice or recommendations issued or assistance or support offered under Article 19 is inadequate for the purpose of complying with a duty or function under these Regulations it may, without prejudice to any powers under any other statute, direct the person, public authority or body corporate to carry out, cause to carry out, or arrange for, such action related to the function or duty in question as the co-ordinating local authority, the Agency, the Minister or the relevant public authority considers necessary within such period as may be specified.
21. Where a person, public authority or body corporate fails without reasonable cause to comply with a direction under Article 20, the co-ordinating local authority, the Agency, the Minister or the relevant public authority may carry out, cause to be carried out, or arrange for, such action related to the function or duty in question as it considers necessary to ensure compliance with the direction and the costs of such action may be recovered by the co-ordinating local authority, the Agency, the Minister or the relevant public authority, as appropriate, from the person, public authority or body corporate as a simple contract debt in any court of competent jurisdiction.
Application to the courts
22. Where, on application by a Minister of the Government, the co-ordinating local authority for the river basin district, the Agency or the relevant public authority to the District Court, the Circuit Court or the High Court, the Court is satisfied that a person, public authority or body corporate is not undertaking, or does not intend to undertake, its functions or duties under these Regulations in a manner consistent with the achievement of the environmental objectives established, or with a direction issued by the co-ordinating local authority, the Agency or the Minister under Article 20, the Court may by order—
(1) Direct that person, body corporate or public authority to take such steps as are necessary to address the inconsistencies or other matters identified, and
(2) Make such other provision, including provision in relation to the payment of costs, as the court considers appropriate.
23. An application for an order under Article 22 of these Regulations shall be by motion and the court, when considering the matter, may make such interim or interlocutory order as it considers appropriate.
Duty on the Environmental Protection Agency to classify waters
24. The Agency shall, by not later than 22 June 2011, classify in accordance with the requirements of these Regulations each surface water body identified for the purposes of Article 7 of the 2003 Regulations according to its ecological status, or its ecological potential as the case may be, and its chemical status.
25. The classification of the status for a surface water body shall be based on the results of the monitoring programmes prepared by the Agency in accordance with Article 10 of the 2003 Regulations and other relevant information, including monitoring and assessments undertaken in relation to associated protected areas.
26. For the purpose of Articles 24 and 25, the Agency shall—
(1) On completion of the classification, publish and make available all relevant monitoring data and information, including data and information on protected areas, used by the Agency to classify waters.
(2) Provide a map for each river basin district illustrating the classification of the ecological status for each body of water colour-coded in accordance with Table 1 of Schedule 3 of these Regulations.
(3) In respect of artificial and heavily modified water bodies, provide a map for each river basin district illustrating the classification of the ecological potential for each body of water colour-coded in accordance with Table 2 of Schedule 3 of these Regulations.
(4) Indicate, by a black dot on the maps specified in sub-paragraphs (1) and (2) above, those bodies of water where failure to achieve good ecological status or good ecological potential is due to non-compliance with one or more of the environmental quality standards that have been established for relevant specific pollutants.
(5) Provide a map for each river basin district illustrating the classification of chemical status for each body of water colour-coded in accordance with Table 3 of Schedule 3 of these Regulations.
(6) Prepare the information specified in sub-paragraphs (2) to (5) in a form which is available for introduction into a geographical information system (GIS) and/or the geographical information system of the European Commission (GISCO).
Powers, duties and functions assigned to public authorities
27. The powers, duties and functions assigned to a public authority by these Regulations are additional to, and not in substitution for, the powers, duties and functions assigned by any other statute.
PART III ENVIRONMENTAL OBJECTIVES
Environmental objectives
28. The following environmental objectives are hereby established for surface waters—
(1) A surface water body whose status is determined to be high or good (or good ecological potential and good surface water chemical status as the case may be) when classified by the Agency in accordance with these Regulations shall not deteriorate in status.
(2) A surface water body whose status is determined to be less than good (or good ecological potential and good surface water chemical status as the case may be) when classified by the Agency in accordance with these Regulations shall be restored to at least good status (or good ecological potential and good surface water chemical status as the case may be) by not later than 22 December 2015 unless otherwise provided for by these Regulations.
Artificial and heavily modified water bodies
29. The environmental objective of good ecological potential and good chemical status may be applied in the case of a body of surface water identified by the co-ordinating local authority for the river basin district as artificial or heavily modified, when—
(1) The changes to the hydromorphological characteristics of that body of water which would be necessary to achieve good ecological status would have significant adverse effects on:
(a) the wider environment;
(b) navigation, including port facilities or recreation;
(c) activities for the purpose of which water is stored, such as drinking water supply, power generation or irrigation;
(d) water regulation, flood protection, land drainage, or
(e) other equally important sustainable human development activities.
(2) The beneficial objectives served by the artificial or modified characteristics of the water body cannot, for reasons of technical feasibility or disproportionate costs, reasonably be achieved by other means which are a significantly better environmental option.
(3) Such designation and the reasons for it shall be specifically mentioned in the river basin management plans required under Article 13 of the 2003 Regulations and reviewed every six years.
Extended deadlines
30. The deadline established under Article 28 (2) may be extended for the purpose of the phased achievement of the environmental objectives for bodies of water provided that no deterioration occurs in the status of the affected body of water and all of the following conditions are met—
(1) It is demonstrated that the required improvements in status cannot reasonably be achieved within the timescales set out in Article 28 (2) for at least one of the following reasons:
(a) the scale of improvements can only be achieved in phases exceeding the timescale for reasons of technical feasibility;
(b) completing the improvements within the timescale would be disproportionately expensive;
(c) natural conditions do not allow timely improvements in the status of the body of water.
(2) Extension of the deadline, and the reasons for it, are set out and explained in the relevant river basin management plan prepared for the purposes of Article 13 of the 2003 Regulations.
(3) Extensions shall be limited to a maximum of two further updates of the river basin management plan except in cases where the natural conditions are such that the objectives cannot be achieved within this period.
(4) A summary of the measures envisaged as necessary to bring the bodies of water progressively to the required status by the extended deadline, the reasons for any significant delay in making these measures operational, and the expected timetable for their implementation are set out in the river basin management plan. A review of the implementation of these measures and a summary of any additional measures shall be included in updates of the river basin management plan.
Less stringent environmental objectives
31. Less stringent environmental objectives may be applied where a surface water body is so affected by human activity, as determined by the analysis of the characteristics of the river basin prepared for the purposes of Article 7 of the 2003 Regulations, or its natural condition is such that the achievement of the prescribed quality objectives would be infeasible or disproportionately expensive and the following conditions are met—
(1) The environmental and socio-economic needs served by such human activity cannot be achieved by other means, which are a significantly better environmental option not entailing disproportionate costs.
(2) The highest ecological and chemical status possible is achieved, given impacts that could not reasonably have been avoided due to the nature of the pollution.
(3) No deterioration occurs in the status of the affected water body.
(4) The establishment of less stringent environmental objectives, and the reasons for it, are specifically mentioned in the river basin management plan referred to in Article 13 of the 2003 Regulations, and those objectives are reviewed every six years.
Temporary deterioration in surface water status
32. Temporary deterioration in the status of bodies of surface water shall not result in failure to meet the environmental objectives set out in these Regulations provided the deterioration is the result of circumstances of natural cause or force majeure which are exceptional and could not reasonably have been foreseen, in particular extreme floods or prolonged droughts or the results of circumstances due to accidents which could not reasonably have been foreseen, provided all of the following conditions are met—
(1) All practicable steps are taken to prevent further deterioration in status and to protect other water bodies not affected directly by the said circumstances.
(2) The conditions under which circumstances that are exceptional or could not reasonably have been foreseen are documented in the river basin management plan.
(3) The measures to be taken under such exceptional circumstances are included in the programme of measures and will not compromise the recovery of the quality of the body of water once the circumstances have ceased.
(4) The effects of the circumstances are reviewed annually and subject to consideration of scale, technical feasibility, cost and natural conditions, all practicable measures are taken to restore the body of water to the status that obtained prior to the effects of those circumstances as soon as reasonably practicable.
(5) A summary of the effects of the circumstances and of such measures taken or to be taken to restore the body of water to the status that obtained prior to the effects of those circumstances is included in the next update of the river basin management plan.
New physical modifications and new sustainable developments
33. Failure to achieve good ecological status, or where relevant, good ecological potential or to prevent deterioration in the status of a body of surface water resulting from new modifications or alterations to the physical characteristics of a surface water body, or failure to prevent deterioration of a body of surface water from high status to good status resulting from new sustainable human development activities shall not be a breach of these Regulations when all the following conditions are met:
(1) All practicable steps are taken to mitigate the adverse impact on the status of the body of surface water.
(2) The reasons for those modifications or alterations are specifically set out and explained in the river basin management plan required under Article 13 of the 2003 Regulations and the objectives are reviewed every six years.
(3) The reasons for those modifications or alterations are of overriding public interest and/or the benefits to the environment and to society of achieving the objectives established by Article 28 of these Regulations are outweighed by the benefits of the new modifications or alterations to human health, to the maintenance of human safety or to sustainable development, and
(4) The beneficial objectives served by these modifications or alterations of the water body cannot for reasons of technical feasibility or disproportionate cost be achieved by other means, which are a significantly better environmental option.
Application of exemption provisions
34. Application of the exemption provisions referred to in Articles 29, 30, 31, 32 and 33 must ensure that—
(1) Achievement of the environmental objectives is not permanently excluded or compromised in other bodies of water within the same river basin district and measures taken are consistent with the implementation of other Community environmental legislation.
(2) The same level of protection as is afforded by existing Community legislation is guaranteed.
(3) The said exemption provisions are applied on a quality element-by-quality element basis and measures are implemented that aim to achieve the highest ecological and chemical state possible in relation to any individual body of water.
PART IV THE CALCULATION OF ECOLOGICAL STATUS, ECOLOGICAL POTENTIAL AND CHEMICAL STATUS
The calculation of ecological status and ecological potential
35. The ecological status, or ecological potential, of a body of surface water shall be assigned by the Agency and shall be based on the results of the monitoring systems established for the relevant biological quality elements, expressed as ecological quality ratios, the monitoring results for the general quality elements and specific pollutants supporting the biological quality elements, and where relevant for classification purposes, the monitoring results for the hydromorphological quality elements.
36. The ecological status of a body of surface water shall be represented by the lower of the quality element values for the biological and the physico-chemical status calculated for each relevant quality element, except for the purpose of assigning high status in which case ecological status shall be determined by the lowest of the status values obtained for the biological, the physico-chemical and hydromorphological quality elements.
37. Ecological status shall be calculated as follows—
(1) A body of surface water for which the calculated ecological quality ratio values for the biological quality elements show no or only very minor evidence of distortion from undisturbed or reference conditions, and where there are only very minor anthropogenic alterations to the status of the hydromorphological quality elements and where the values for the biological and physico-chemical quality elements satisfy the relevant criteria established in Schedule 5 of these Regulations, shall be classified as being of high ecological status.
(2) A body of surface water for which the calculated ecological quality ratio values for the biological quality elements show low levels of distortion and deviate only slightly from undisturbed or reference conditions and where the values for the biological and the physico-chemical quality elements satisfy the relevant criteria established in Schedule 5 of these Regulations, shall be classified as being of good ecological status.
(3) A body of surface water for which the calculated ecological quality ratio values for the biological quality elements deviate moderately from undisturbed or reference conditions or where the values for the physico-chemical quality elements fail to satisfy the relevant criteria for good status established in Schedule 5 of these Regulations, shall be classified as being of moderate ecological status.
(4) For the purpose of calculating the condition of a biological quality element the Agency may, in order to improve confidence in the assessment, combine a number of parameters that are indicative of that quality element, for example by averaging their status, expressed as environmental quality ratio values for the purpose of assessing the effects of a particular pressure. Biological parameters that are sensitive to different pressures may not be so combined unless these parameters are also considered independently as part of the overall assessment of ecological quality.
38. A body of surface water achieving a status less than moderate shall be classified as either poor or bad—
(1) A body of surface water showing evidence of major alterations to the ecological quality ratio values of the biological quality elements for the surface water body type and in which the relevant biological communities deviate substantially from those normally associated with the surface water body type under undisturbed or reference conditions, shall be classified as being of poor ecological status.
(2) A body of surface water showing evidence of severe alterations to the ecological quality ratio values of the biological quality elements for the surface water body type and in which large portions of the relevant biological communities normally associated with the surface water body type under undisturbed or reference conditions are absent, shall be classified as being of bad ecological status.
39. When assigning ecological status to a body of surface water, the Agency shall be satisfied that the values of the general physico-chemical quality elements for that body of water are consistent with the achievement of the ecological quality ratio values specified for the biological quality elements. In this regard, and to avoid misclassification of waters, the Agency shall—
(1) Establish the permitted statistically based range within which the general physico-chemical quality elements may deviate from the values specified in Schedule 5 in order to ensure ecological relevance and so as to avoid a mismatch between the monitoring results for the biological and the general physico-chemical quality elements.
(2) Arrange for the statistical basis for the range or ranges thus established to be published and made available for public comment not less than three months in advance of classifying the ecological status of waters as required by Article 24.
40. In order for a body of surface water to be classified as being of high or good ecological status, the concentration of specific pollutants at any representative monitoring point within the body of water shall not exceed the environmental quality standards set out in Table 10 of Schedule 5.
The calculation of chemical status
41. The chemical status of a body of surface water shall be assigned by the Agency according to the monitoring results for the chemical substances and their environmental quality standards established in Schedule 6 of these Regulations—
(1) For any given surface water body, compliance with the annual average environmental quality standard means that the arithmetic mean of the concentrations measured during the twelve month monitoring period does not exceed any of the AA-EQS standards established in Tables 11 and 12 of Schedule 6 at any representative monitoring point within the water body, and
(2) For any given surface water body, compliance with the maximum allowable concentration means that the measured concentration does not exceed any of the MAC-EQS standards established in Tables 11 and 12 of Schedule 6 at any representative monitoring point within the water body.
(3) The Agency may introduce statistical methods, such as a percentile calculation, to ensure an acceptable level of confidence and precision for determining compliance with the maximum allowable concentration (MAC-EQS). If the Agency does so, such statistical methods shall comply with detailed rules laid down in accordance with the procedure referred to in Article 21(2) of the Water Framework Directive.
Metals
42. The Agency may, when assessing the monitoring results, take into account—
(1) Natural background concentrations for metals and their compounds if they prevent compliance with the environmental quality standard established.
(2) Hardness, pH or other water quality parameters that affect the bioavailability of metals.
The identification of progressive and sustained upward trends
43. The Agency shall, when assessing the monitoring results for the calculation of ecological status and chemical status, identify marked and sustained upward trends in the concentration of pollutants, groups of pollutants or indicators of pollution found in bodies or groups of bodies of surface water, including within-status trends, that would likely result in deterioration in status over time or give rise to non-compliance with a standard or objective established for an individual protected area. The Agency shall cause such bodies or groups of surface water bodies to be identified in river basin management plans and, where appropriate, issue advice to the public authority or authorities concerned on the measures to be taken to address the upward trend identified.
Knowledge gaps in classification systems
44. The Agency shall take all necessary steps to ensure that the quality elements and class boundaries used to calculate surface water status are as complete and up-to-date as possible and consistent with the normative definition of ecological status classification set out in section 1.2 of Annex V of the Water Framework Directive. In particular—
(1) Having regard to the fact that it has not been possible to complete the intercalibration exercise referred to in section 1.4.1 of Annex V of the Directive and, as a result, it has not been possible to set boundaries at quality element level for national classification methods for all the biological quality elements referred to in section 1.2 of Annex V of the Directive, the Agency shall—
(a) identify those biological quality elements listed in section 1.2 of Annex V of the Directive for which ecological quality ratios have not been, or have only partly been, established by these Regulations, and
(b) having regard to the need also for the further development of this work at EU level, prepare and publish a work programme, including timelines, for the completion of outstanding work as soon as may be practicable
and
(2) having regard to the ongoing development of work under this Article and the collection and examination of monitoring data as part of the ongoing programmes established for the purpose of Article 10 of the 2003 Regulations, the Agency shall—
(a) keep under review the list of specific pollutants established in Table 10 of Schedule 5 and the boundary conditions and environmental quality standards established for the general supporting conditions and specific pollutants listed in Tables 9 and 10 of Schedule 5, and
(b) from time to time, as appropriate and necessary, publish and make recommendations to the Minister on the changes and/or additions to be made to the lists and standards established.
45. The Minister shall, if appropriate, on receipt of a recommendation or recommendations from the Agency arising from a requirement under Article 44 of these Regulations, undertake consultation on the recommendation or recommendations made by the Agency and shall, as soon as may be practicable, amend these Regulations having regard to the advice given to him by the Agency and any representation made by a Minister of Government or any other person or body.
Interim classification of surface water bodies for the first river basin planning cycle
46. For the purpose of the first river basin management plan, and pending full classification of surface water bodies in accordance with the requirements of Articles 24 to 26 and Articles 35 to 42 of these Regulations, the Agency shall assign an interim classification of overall status to each body of surface water where the Agency is satisfied that it can reliably do so on the basis of available information and/or expert knowledge. The Agency shall—
(1) as a minimum assign a status of ‘high’, ‘good’ or ‘less than good’ to those bodies of surface water where available data and knowledge allows, and
(2) assign ‘undetermined status’ to those remaining bodies of water where the Agency is not, by that date, in a position to assign a reliable interim classification due to a lack of data or other reason, and
(3) periodically review the interim classifications and add to the list of bodies of water so classified as data availability and knowledge improves.
47. In assigning interim status, the Agency shall have regard to all relevant data relating to the body of water in question, including the results of monitoring, the results of analyses undertaken for the purpose of Article 7 of the 2003 Regulations as well as monitoring and assessments undertaken in relation to associated protected areas.
48. The interim classification of status assigned by the Agency in accordance with Articles 46 and 47 shall be a classification of status as if assigned by the Agency in accordance with the procedures set out in Articles 35 to 42 and shall be deemed as such for the purpose of these Regulations.
Protected Areas
49. For the purpose of calculating the ecological status of a body of surface water in accordance with Part IV of these Regulations, the Agency shall, in the case of those surface water bodies which are also protected areas requiring special protection by virtue of standards or objectives arising from specific Community legislation for the protection of water or for the conservation of habitats and species directly dependent on water at European sites, assign a status of less than good ecological status where the standards or objectives for the protected area are not met arising from a failure to meet the required water quality or hydrological standards. Where appropriate, the use of additional site specific biological, microbiological or chemical indicators will be used.
50. A body of surface water classified as less than good ecological status in accordance with the requirements of Article 49 of these Regulations shall be so identified by the Agency. The Agency shall set out in accordance with the requirements of Article 26(1) the reason or reasons for the classification so assigned.
Mixing zones
51. Where a body of surface water exceeds the relevant environmental quality standards listed in Tables 9, 10, 11 and 12 of Schedules 5 and 6 for one or more pollutants within a mixing zone adjacent to a point of discharge and where the mixing zone has been expressly provided for in the authorisation allowing the discharge, that water body shall not be in breach of the prescribed environmental quality standard for classification purposes, provided—
(1) the extent of any such zone is restricted to the proximity of the point of discharge; and
(2) the extent of any such zone is proportionate having regard to the concentration of pollutants at the point of discharge, to the emission limits established in the authorisation granted and in particular to the application of emission controls based on best available techniques, including application of the combined approach set out in Article 7 of these Regulations; and
(3) the procedures and methodologies used to delineate such zones, including measures to be taken to reduce the extent of such zones in the future, are described in river basin management plans made in accordance with Article 13 of the 2003 Regulations; and
(4) compliance with the prescribed environmental quality standards is not compromised in relation to the remainder of the water body, and
(5) the delineation of mixing zones is undertaken in accordance with any technical guidelines that may be adopted in accordance with the procedure referred to in Article 21(2) of the Water Framework Directive.
PART V DUTY TO PREPARE INVENTORIES OF EMISSIONS, DISCHARGES AND LOSSES OF PRIORITY AND PRIORITY HAZARDOUS SUBSTANCES AND POLLUTION REDUCTION PLANS
Inventory of emissions, discharges and losses
52. The Agency, in consultation with the co-ordinating local authority for each river basin district, or part of a river basin district lying within the State, shall establish, or cause to be established for each river basin district or part thereof as appropriate, an inventory of emissions, discharges and losses of priority and priority hazardous substances and other pollutants listed in Tables 11 and 12 of Schedule 6 of these Regulations.
53. For the purpose of Article 52, the Agency may direct a public authority to put in place the necessary arrangements for the collection and transmission to it of specified data, within a prescribed timeframe, in a manner to be determined by the Agency. A public authority so directed shall deliver the required data to the Agency within the timeframe and in the manner prescribed.
54. The Agency shall, having regard to any technical guidelines for the establishment of inventories adopted in accordance with the procedure referred to in Article 21(2) of the Water Framework Directive, prepare guidance on the data to be collected for the purpose of establishing the inventory which shall address, in particular, details on the following—
(1) reporting procedures;
(2) the data to be reported;
(3) quality assurance and assessment;
(4) indication of type of withheld data and reasons why they were withheld in the case of confidential data;
(5) reference to internationally approved release determination and analytical methods and sampling methodologies;
(6) indication of parent companies; and
(7) where relevant, coding of activities according to Annex I of Regulation (EC) No. 166/2006 and to Directive 96/61/EC.
55. The Agency shall determine the reference period for the estimation of pollutant values to be entered into the inventories referred to in Article 52 which shall be one year between 2008 and 2010 (inclusive), except in the case of pollutants covered by Directive 91/414/EEC where entries may be calculated as the average of the years 2008, 2009 and 2010.
56. The Agency shall for the first time, by not later than 22 June 2011 publish and send to the Minister, each co-ordinating local authority and to the advisory council for each river basin district a summary of the inventories established, including the respective reference periods. The Agency shall thereafter update the inventories as part of the reviews of analyses specified in Article 7 of the 2003 Regulations. The reference period for the establishment of values in the updated inventories shall be the year before that analysis is to be completed. For priority substances or pollutants covered by Directive 91/414/EEC, the entries may be calculated as the average of the three years before the completion of that analysis. Updated inventories shall be published and included in updated river basin management plans made under Article 13 of the 2003 Regulations.
Monitoring of sediments and biota
57. The Agency shall, in relation to those priority and priority hazardous substances that tend to accumulate in sediment and/or biota, arrange or cause to have arranged, for the monitoring and long-term trend analysis of the concentrations of the said substances in sediment and/or biota at representative locations deemed appropriate by the Agency. In determining the substances and locations to be so monitored, the Agency shall have regard to the findings of the monitoring programmes prepared under Article 10 of the 2003 Regulations, other relevant information such as the results of analyses undertaken for the purpose of Article 7 of the 2003 Regulations as well as information arising from the preparation of the inventories referred to in Article 52 of these Regulations. The Agency shall determine the extent of locations to be monitored and the manner and frequency of monitoring so as to provide sufficient data for reliable long-term trend analysis. As a general rule, monitoring shall take place every three years unless the Agency determines another interval on the basis of technical knowledge or expert judgement.
58. The Agency shall decide how the work is to be arranged and for this purpose may direct a public authority or public authorities listed in these Regulations to undertake the monitoring determined by the Agency for the purposes of Article 57. A public authority so directed shall undertake the monitoring within the frequency specified and in the manner prescribed.
Duty on a co-ordinating local authority for a river basin district to make a pollution reduction plan
59. The co-ordinating local authority for each river basin district, in consultation with the Agency and with relevant public authorities in the river basin district shall, for the first time as soon as may be after the completion of the inventory of discharges, losses and emissions referred to in Article 52, and by not later than 22 June 2012 prepare, or cause to have prepared, a plan, including a timetable, for the progressive reduction of pollution by priority substances and the ceasing or phasing out of emissions, discharges and losses of priority hazardous substances.
60. The pollution reduction plan shall have regard to the inventory of emissions, discharges and losses prepared by the Agency for the purposes of Article 52, the results of analyses undertaken for the purpose of Article 7 of the 2003 Regulations, the findings of the monitoring programmes prepared under Article 10 of the 2003 Regulations and any other information, including technical considerations, that the co-ordinating local authority considers relevant.
61. The pollution reduction plan shall—
(1) Describe all significant emissions, discharges and losses of priority and priority hazardous substances within the river basin district as a result of human activities; existing controls or abatement measures with reference to the key activities or sectors giving rise to these losses, emissions or discharges; the relative importance and magnitude of these losses with regard to the environmental objectives established; and, the likely position with respect to each of these matters for such period after the making, or review and implementation of a pollution reduction plan for priority substances, as the co-ordinating local authority considers appropriate.
(2) Specify objectives, and where appropriate, targets and deadlines for the prevention and reduction of losses of priority and priority hazardous substances which in the opinion of the co-ordinating local authority for the river basin district are necessary, appropriate or desirable, and over such periods as the co-ordinating local authority may consider necessary;
(3) Provide for, as appropriate, the identification of particular measures either in relation to individual priority and priority hazardous substances or to particular sectors or activities, or a combination of both, to prevent and limit environmental pollution by priority substances and to provide for the progressive reduction of pollution and the ceasing or phasing out of emissions, discharges and losses of priority hazardous substances.
(4) Have regard to the need to give effect to the polluter pays principle, the use of economic measures in meeting the targets, the relative cost-effectiveness of the measures proposed and the likely economic impact of the proposed measures on key economic and social sectors.
(5) Make recommendations, on the reduction of pollution by priority and priority hazardous substances, regarding—
(a) Priorities, measures and reduction targets and deadlines which could be pursued.
(b) The functions of any relevant public authorities in achieving the targets, priorities and measures proposed.
62. The plan shall be updated and included as part of future river basin management plans made under Article 13 of the 2003 Regulations.
63. The co-ordinating local authority for the river basin district shall publish and send to the Minister, the Agency, relevant public authorities and to the advisory council for the river basin district a summary of the pollution reduction plan or revised plan.
64. The co-ordinating local authority and other public authorities with functions within the river basin district shall have regard to the findings and recommendations of the pollution reduction plan or revised plan in the design and implementation of measures to achieve the objectives of these Regulations.
Power of the Minister in relation to pollution reduction plans
65. The Minister shall determine the necessary arrangements and structures to promote co-ordination across and within river basin districts, including where appropriate co-ordination with the relevant authorities in Northern Ireland, in relation to the preparation of the inventories and pollution reduction plans referred to in Articles 52 and 59 of these Regulations.
66. The Minister may, after consultation with any Minister of Government, the Environmental Protection Agency, the Health and Safety Authority and the local authorities concerned require that—
(1) Two or more co-ordinating local authorities jointly prepare a pollution reduction plan,
(2) The preparation of a pollution reduction plan by two or more co-ordinating local authorities be co-ordinated in such a manner and in relation to such matters as the Minister may specify, and
(3) Require a co-ordinating local authority or, as the case may be, two or more co-ordinating local authorities, to vary (whether by addition or deletion) a pollution reduction plan prepared by it or them in such manner as the Minister may specify or to replace the plan by a new pollution reduction plan, and the co-ordinating local authority or authorities shall comply with any such requirement by the Minister.
67. The Minister may, or the Environmental Protection Agency shall if required to do so by the Minister, give directions prescribing the manner in which any matter is to be set out or addressed in a pollution reduction plan.
68. Article 66 sub-paragraph (3) and Article 67 shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by a co-ordinating local authority or other public authority of its statutory functions in a way that is contrary to its obligations under that function or functions.
PART VI MISCELLANEOUS PROVISIONS
Miscellaneous and transitional provisions
69. The application of measures taken pursuant to these Regulations shall on no account lead, either directly or indirectly, to increased pollution of surface waters.
70. The Local Government (Water Pollution) Act 1977 (Water Quality Standards for Phosphorus) Regulations 1998 ( S.I. No. 258 of 1998 ) and the Water Quality (Dangerous Substances) Regulations 2001 ( S.I. No. 12 of 2001 ) are hereby revoked.
SCHEDULE 1 RELEVANT PUBLIC AUTHORITIES
The public authorities to which these Regulations apply are—
The Environmental Protection Agency
The relevant local authorities
The regional authorities in the area
The regional fisheries boards in the area
The National Roads Authority
The Radiological Protection Institute of Ireland
The Marine Institute
The Central Fisheries Board
The Electricity Supply Board
The Commission for Energy Regulation
Port and Harbour Authorities including Port companies established under the 1996 Harbours Act
The Dublin Docklands Development Authority
Waterways Ireland
An Bord Pleanála
Bord Iascaigh Mhara
Bord Na Mna
Coillte
The Health and Safety Authority
The Commissioners of Public Works
The Minister for Enterprise, Trade and Employment
The Minister for Communications, Energy and Natural Resources
The Minister for Agriculture, Fisheries and Food
The Minister for the Environment, Heritage and Local Government
The Minister for Transport
SCHEDULE 2 MEASURES FOR THE PURPOSE OF THESE REGULATIONS
1. Measures required to implement Community legislation for the protection of surface water.
2. Measures in accordance with national policy for the recovery of the costs of water services for the purposes of Article 9 of the Water Framework Directive.
3. Measures to promote an efficient and sustainable water use in order to avoid compromising the achievement of the environmental objectives established by these Regulations.
4. Measures to meet the requirements of Article 7 of the Water Framework Directive, including measures to safeguard water quality in order to reduce the level of purification treatment required for the production of drinking water.
5. Measures to control the abstraction and the impoundment of fresh surface water, including a register or registers of water abstractions and a requirement of prior authorisation for abstraction and impoundment. Abstractions or impoundments that have no significant impact on water status can be exempted from these controls.
6. For point source discharges liable to cause pollution, a requirement for prior regulation, such as a prohibition on the entry of pollutants into water, or for prior authorisation, or registration based on general binding rules, laying down emission controls for the pollutants concerned, including controls in accordance with the combined approach as outlined in Article 10 of the Water Framework Directive.
7. For diffuse sources liable to cause water pollution, measures to prevent or control the input of pollutants to water. Controls may take the form of a requirement for prior regulation, such as a prohibition on the entry of pollutants into water, prior authorisation or registration based on general binding rules where a requirement is not otherwise provided for under Community legislation.
8. For any other significant adverse impacts on the status of surface water identified during the review carried out for the purpose of Article 7 of the 2003 Regulations, in particular measures to ensure that the hydromorphological conditions of bodies of water are consistent with the achievement of the required ecological status, or good ecological potential for bodies of water designated as artificial or heavily modified. Controls for this purpose may take the form of a requirement for prior authorisation or registration based on general binding rules where such a requirement is not otherwise provided for under Community legislation.
9. Measures to eliminate pollution of surface waters by priority substances and to progressively reduce pollution by other substances which would otherwise prevent achievement of the environmental objectives established by these Regulations for bodies of surface water.
10. Measures required to prevent significant losses of pollutants from technical installations and to prevent and/or reduce the impact of accidental pollution incidents, for example, as a result of floods, including through systems to detect or give warning of such events including, in the case of accidents which could not reasonably have been foreseen, all appropriate measures to reduce the risk to aquatic ecosystems.
11. Measures in addition to any of the above that are specifically designed and implemented with the aim of achieving the environmental objectives and quality standards established by these Regulations.
SCHEDULE 3 THE PRESENTATION OF MONITORING RESULTS AND SURFACE WATER CLASSIFICATION
Table 1
Ecological Status
Ecological status classification
Colour code
High
Blue
Good
Green
Moderate
Yellow
Poor
Orange
Bad
Red
Table 2
Ecological Potential
Ecological potential classification
Colour code
Artificial water bodies
Heavily modified
Good and above
Equal green and light grey stripes
Equal green and dark grey stripes
Moderate
Equal yellow and light grey stripes
Equal yellow and dark grey stripes
Poor
Equal orange and light grey stripes
Equal orange and dark grey stripes
Bad
Equal red and light grey stripes
Equal red and dark grey stripes
Table 3
Chemical Status
Chemical status classification
Colour code
Good
Blue
Failing to achieve good
Red
SCHEDULE 4 THE CLASSIFICATION OF ECOLOGICAL STATUS FOR RIVERS, LAKES, TRANSITIONAL WATERS AND COASTAL WATERS
Table 4
The general definition of high, good and moderate ecological status (1) (2)
High status
There are no, or only very minor, anthropogenic alterations to the values of the physico-chemical and hydromorphological quality elements for the surface water body type from those normally associated with that type under undisturbed conditions.
The values of the biological quality elements for the surface water body reflect those normally associated with that type under undisturbed conditions, and show no, or only very minor, evidence of distortion.
Good status
The values of the biological quality elements for the surface water body type show low levels of distortion resulting from human activity, but deviate only slightly from those normally associated with the surface water body type under undisturbed conditions.
Moderate status
The values of the biological quality elements for the surface water body type deviate moderately from those normally associated with the surface water body type under undisturbed conditions. The values show moderate signs of distortion resulting from human activity and are significantly more disturbed than under conditions of good status.
(1) Surface waters achieving a status below moderate shall be classified as poor or bad
(2) The text in Table 4 provides a general definition only of ecological quality. For the purpose of classifying surface water ecological satus, regard must be had, as appropriate, to the biological, hydromorphological and supporting physico-chemical quality elements listed in tables 5, 6 and 7 of this Schedule and to the boundary conditions established in Tables 8, 9 and 10 of Schedule 5.
Table 5
The biological quality elements that may be used when calculating ecological status
Surface water category
Biological quality element
River water body
Composition and abundance of aquatic flora
Composition and abundance of benthic invertebrate fauna
Composition, abundance and age structure of fish fauna
Lake water body
Composition, abundance and biomass of phytoplankton
Composition and abundance of other aquatic flora
Composition and abundance of benthic invertebrate fauna
Composition, abundance and age structure of fish fauna
Transitional water body
Composition, abundance and biomass of phytoplankton
Composition and abundance of other aquatic flora
Composition and abundance of benthic invertebrate fauna
Composition and abundance of fish fauna
Coastal water body
Composition, abundance and biomass of phytoplankton
Composition and abundance of other aquatic flora
Composition and abundance of benthic invertebrate fauna
Table 6
The hydromorphological quality elements supporting the biological quality elements
Surface water category
Hydromorphological quality element
Description
River water body
Hydrological regime
Quantity and dynamics of water flow
Connection to groundwater bodies
River continuity
Morphological conditions
River depth and width variation
Structure and substrate of the river bed
Structure of the riparian zone
Lake water body
Hydrological regime
Quantity and dynamics of water flow
Residence time
Connection to the groundwater body
Morphological conditions
Lake depth variation
Quantity, structure and substrate of the lake bed
Structure of the lake shore
Transitional water body
Morphological conditions
Depth variation
Quantity, structure and substrate of the bed
Structure of the intertidal zone
Tidal regime
Freshwater flow
Wave exposure
Coastal water body
Morphological conditions
Depth variation
Structure and substrate of the coastal bed
Structure of the intertidal zone
Tidal regime
Direction of dominant currents
Wave exposure
Table 7
The physico-chemical quality elements supporting the biological elements to be taken into account when calculating ecological status
Surface water category
Physico-chemical quality element
River water body
General conditions
Thermal conditions, oxygenation conditions, salinity, acidification status and nutrient conditions
Specific pollutants
Pollution by synthetic or non synthetic substances listed in Table 10 of Schedule 5 of these Regulations, not being for the time being identified as priority substances, which are discharged in significant quantities into the body of water
Lake water body
General conditions
Transparency, thermal conditions, oxygenation conditions, salinity, acidification subtatus and nutrient conditions
Specific pollutants
Pollution by synthetic or non synthetic substances listed in Table 10 of Schedule 5 of these Regulations, not being for the time being identified as priority substances, which are discharged in significant quantities into the body of water
Transitional water body
General conditions
Transparency, thermal conditions, oxygenation conditions, salinity and nutrient conditions
Specific pollutants
Pollution by synthetic or non synthetic substances listed in Table 10 of Schedule 5 of these Regulations, not being for the time being identified as priority substances, which are discharged in significant quantities into the body of water
Coastal water body
General conditions
Transparency, thermal conditions, oxygenation conditions, salinity and nutrient conditions
Specific pollutants
Pollution by synthetic or non synthetic substances listed in Table 10 of Schedule 5 of these Regulations, not being for the time being identified as priority substances, which are discharged in significant quantities into the body of water
SCHEDULE 5 CRITERIA FOR CALCULATING SURFACE WATER ECOLOGICAL STATUS AND ECOLOGICAL POTENTIAL
Table 8 — Biological quality elements
RIVERS (All types)
Ecological quality ratio
Biological quality element
Classification system
High – good boundary
Good – moderate boundary
Benthic invertebrate fauna
Quality rating system (Q – value)
0.85
0.75
Phytobenthos
Trophic diatom index (TDI)
0.93
0.78
LAKES
Biological quality element
Classification system
Lake type (1)
Ecological quality ratio
Chlorophyll a (μg/l)
High – good boundary
Good – moderate boundary
High – good
Good – moderate
Phytoplankton (2)
Phytoplankton biomass (3) (Chlorophyll a)
Lake type 4
0.50
0.33
6
9
Lake types 7, 8, 11 and 12
0.55
0.32
5.8
10
Macrophytes
Lake macrophytes
All types
0.90
0.68
(1) Type 4: Low alkalinity (<20 mg/1 CaCO3), deep (>4m) and large (<50 ha )
Type 7: Moderate alkalinity (20-100 mg/1 CaCO3), deep (>4m) and small (< 50 ha )
Type 8: Moderate alkalinity (20-100 mg/1 CaCO3), deep (>4m) and large (>50 ha)
Type 11: High alkalinity (>100 mg/1 CaCO3), deep (>4m) and small (<50 ha )
Type 12: High alkalinity (>100 mg/1 CaCO3), deep (>4m) and large (>50 ha)
(2) The phytoplankton boundary conditions for lake types 7,8,11 and 12 shall apply on an interim basis for classifying lake types not currently listed. EQR boundary conditions are yet to be developed for shallow calcareous lakes.
(3) Growing season (March to October) mean value. A minimum of 4 samples distributed throughout the growing season is required in any one year. Phytoplankton biomass is not an appropriate indicator for assessing lake trophic status when zebra mussels are present.
COASTAL WATERS (All types with the exception of coastal water lagoons)
Biological quality element
Classification system
Ecological quality ratio
High-good boundary
Good-moderate boundary
Phytoplankton
High – good
Good – moderate
Chlorophyll (μg/l) (1)
Phytoplankton biomass (Chlorophyll)
0.66
0.33
2.5 (median value) and 5.0 (90 percentile value) (2)
5.0 (median value) and 10.0 (90 percentile value) (3)
5.0 (median value) and 10.0 (90 percentile value) (2)
10.0 (median value) and 20 (90 percentile value) (3)
Phytoplankton composition
0.84
0.43
Percentage of single taxa counts above thresholds
20
39
COASTAL AND TRANSITIONAL WATERS (All types with the exception of transitional and coastal water lagoons)
Biological quality element
Classification system
Ecological quality ratio
High – good boundary
Good – moderate boundary
Rocky shore reduced species list multimetric system
0.80
0.60
Macroalgae
Opportunistic macroalgae multimetric system
0.80
0.60
(1) Growing season March to September
(2) Cold acetone extraction method
(3) Hot methanol extraction method
Table 9
Physico-chemical conditions supporting the biological elements
PART A: General conditions
THERMAL CONDITIONS
Thermal conditions
River water body
Lake water body
Transitional water body
Coastal water body
Temperature
Not greater than a 1.5°C rise in ambient temperature outside the mixing zone
OXYGENATION CONDITIONS (BIOCHEMICAL OXYGEN DEMAND)
Oxygenation conditions
River water body
Lake water body
Transitional water body
Coastal water body
Biochemical Oxygen Demand (BOD)(mg O2 /l)
High status ≤1.3 (mean (1)) or ≤2.2 (95%ile)
Good status ≤1.5 (mean (1)) or ≤2.6 (95%ile)
≤4.0 mg/l (95%ile)
(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications for chemical monitoring and quality of analytical results to be adopted in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
OXYGENATION CONDITIONS CONTINUED (DISSOLVED OXYGEN)
Oxygenation conditions
River water body
Lake water body
Transitional water body
(Summer)
Coastal water body
(Summer)
Dissolved oxygen lower limit
95%ile >80% saturation
(0 psu (1))95%ile >70% saturation
(35 psu)95%ile >80% saturation
(35 psu) 95%ile > 80% saturation
Dissolved oxygen upper limit
95%ile <120% saturation
(0 psu) 95%ile <130% saturation
(35 psu) 95%ile <120% saturation
(35 psu) 95%ile <120% saturation
ACIDIFICATION STATUS
Acidification status
River water body
Lake water body
Transitional water body
Coastal water body
pH(Individual values)
Soft (2) Water 4.5< pH < 9.0
Hard (3) Water 6.0< pH < 9.0
(1) psu: The Practical Salinity Unit defines salinity in terms of a conductivity ratio of a sample to that of a solution of 32.4356 g of KCL at 15°C in I kg of solution. A sample of seawater at 15°C with a conductivity equal to this KCL solution has a salinity of exactly 35 practical salinity units.
(2) Water hardness ≤ 100 mg/1 CaCO3
(3) Water hardness > 100 mg/1 CaCO3
NUTRIENT CONDITIONS
Nutrient conditions
River water body
Lake (1)
Transitional water body
Coastal water body
Total Ammonia (mg N/l)
High status ≤0.040 (mean) or ≤0.090 (95%ile)
Good status ≤0.065 (mean) or ≤0.140 (95%ile)
Dissolved Inorganic Nitrogen (mg N/l)
Good status(0 psu (2)) ≤2.6 mg N/l
(34.5 psu (2)) ≤0.25 mg N/l
High status(34.5 psu (2)) ≤0.17 mg/N/l
Molybdate Reactive
Phosphorus (MRP)(mg P/l)
High status ≤0.025 (mean) or ≤0.045 (95%ile)
Good status ≤0.035 (mean) or ≤0.075 (95%ile)
(0-17 psu) ≤0.060 (median)
(35psu) ≤0.040 (median)
(1) Total phosphorus (TP) is an important measure of lake trophic status and TP measurements are included as part of the lakes monitoring programme; TP boundary conditions are yet to be established for lakes.
(2) Linear interpolation to be used to establish the limit value for water bodies between these salinity levels based on the median salinity of the water body being assessed.
Table 10
Physico-chemical conditions supporting the biological elements
PART B: Specific pollutants
AA: annual average (1)
MAC: maximum allowable concentration
Unit: [μg/l]
Name of substance
Environmental quality standard (EQS) (2) (3) (6)
AA-EQS (7)
Inland surface waters
AA-EQS
Other surface waters
MAC-EQS (8)
Inland surface waters
MAC-EQS
Other surface waters
Arsenic
25
20
–
–
Chromium III
4.7
–
32
–
Chromium VI
3.4
0.6
–
32
Copper (4)
5 or 30
5
–
–
Cyanide
10
10
–
–
Diazinon
0.01
0.01
0.02
0.26
Dimethoate
0.8
0.8
4
4
Fluoride
500
1,500
–
–
Glyphosate
60
–
–
–
Linuron
0.7
0.7
0.7
0.7
Mancozeb
2
2
7.3
7.3
Monochlorobenzene
1.5
25
–
–
Phenol
8
8
46
46
Toluene
10
10
–
–
Xylenes
10
10
–
–
Zinc (5)
8 or 50 or 100
40
–
–
(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with technical specifications to be adopted for chemical monitoring and quality of analytical results in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
(2) The values for all metals are for dissolved metals i.e. after filtration through a 0.45 micron filter, In designing monitoring programmes, it was recommended that total chromium be determined. Where the result for total chromium is less than the EQS for Cr VI, no further investigation is deemed necessary. Where the total Chromium level is above the EQS, an assessment should be made of the potential discharges of Cr VI into the waterbody. Where there is a risk of Cr VI contamination, speciation studies should be included in the monitoring programme.
(3) The values for all metals, except Chromium VI, are as added values to background concentrations.
(4) In the case of Copper the value 5 applies where the water hardness measured in mg/l CaCO3 is less than or equal to 100; the value 30 applies where the water hardness exceeds 100 mg/l CaCO3.
(5) In the case of Zinc, the standard shall be 8 μg/l for water hardness with annual average values less than or equal to 10 mg/l CaCO3, 50 μg/l for water hardness greater than 10 mg/l CaCO3 and less than or equal to 100 mg/l CaCO3 and 100 μg/l elsewhere.
(6) Standards for compounds other than metals refer to total concentrations in the whole water sample.
(7) AA-EQS means that for each representative monitoring point within the waterbody, the arithmetic mean of the concentrations measured over a twelve month monitoring period does not exceed the standard.
(8) MAC-EQS means that for each representative monitoring point within the waterbody no measured concentration exceeds the standard.
SCHEDULE 6
Table 11
The environmental quality standards for priority substances and certain other pollutants to apply for the purpose of assigning chemical status
With the exception of cadmium, lead, mercury and nickel (hereinafter “metals”) the EQS values in tables 11 and 12 are expressed as total concentrations in the whole water sample. In the case of metals the EQS refers to the dissolved concentration, i.e. the dissolved fraction of a water sample obtained by filtration through a 0.45 μm filter or any equivalent pre-treatment
Priority Substances
AA: annual average (1)
MAC: maximum allowable concentration
Unit: [μg/l]
(1)
(2)
(3)
(4)
(5)
(6)
(7)
N°
Name of substance
Chemical Abstracts Service number
AA-EQS (2) Inland surface waters (3)
AA-EQS (2) Other surface waters
MAC-EQS (4) Inland surface waters (3)
MAC-EQS (4) Other surface waters
(1)
Alachlor
15972-60-8
0.3
0.3
0.7
0.7
(2)
Atrazine
1912-24-9
0.6
0.6
2.0
2.0
(3)
Benzene
71-43-2
10
8
50
50
(4)
Carbon-tetrachloride (5)
56-23-5
12
12
not applicable
not applicable
(5)
Chlorfenvinphos
470-90-6
0.1
0.1
0.3
0.3
(6)
Chlorpyrifos (Chlorpyrifos-ethyl)
2921-88-2
0.03
0.03
0.1
0.1
(7a)
Cyclodiene pesticides:
Aldrin (5)
Dieldrin (5)
Endrin (5)
Isodrin (5)
309-00-2
60-57-1
72-20-8
465-73-6
Σ=0.01
Σ=0.005
not applicable
not applicable
(7b) 6
DDT total (5) (6)
not applicable
0.025
0.025
not applicable
not applicable
para-para-DDT (5)
50-29-3
0.01
0.01
not applicable
not applicable
(8)
1,2-Dichloroethane
107-06-2
10
10
not applicable
not applicable
(9)
Dichloromethane
75-09-2
20
20
not applicable
not applicable
(10)
Di(2-ethylhexyl)-phthalate (DEHP)
117-81-7
1.3
1.3
not applicable
not applicable
(11)
Diuron
330-54-1
0.2
0.2
1.8
1.8
(12)
Fluoranthene
206-44-0
0.1
0.1
1
1
(13)
Isoproturon
34123-59-6
0.3
0.3
1.0
1.0
(14)
Lead and its compounds
7439-92-1
7.2
7.2
not applicable
not applicable
(1)
(2)
(3)
(4)
(5)
(6)
(7)
N°
Name of substance
Chemical Abstracts Service number
AA-EQS (2) Inland surface waters (3)
AA-EQS (2) Other surface waters
MAC-EQS (4) Inland surface waters (3)
MAC-EQS (4) Other surface waters
(15)
Naphthalene
91-20-3
2.4
1.2
not applicable
not applicable
(16)
Nickel and its compounds
7440-02-0
20
20
not applicable
not applicable
(17)
Octylphenol((4-(1,1’,3,3’-tetramethylbutyl)-phenol))
140-66-9
0.1
0.01
not applicable
not applicable
(18)
Pentachloro-phenol
87-86-5
0.4
0.4
1
1
(19)
Simazine
122-34-9
1
1
4
4
(20a)
Tetrachloro-ethylene (5)
127-18-4
10
10
not applicable
not applicable
(20b)
Trichloro-ethylene (5)
79-01-6
10
10
not applicable
not applicable
(21)
Trichloro-benzenes
12002-48-1
0.4
0.4
not applicable
not applicable
(22)
Trichloro-methane
67-66-3
2.5
2.5
not applicable
not applicable
(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications to be adopted for chemical monitoring and quality of analytical results in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
(2) This parameter is the Environmental Quality Standard expressed as an annual average value (EQS-AA). Unless otherwise specified, it applies to the total concentration of all isomers.
(3) Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.
(4) This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (MAC-EQS). Where the MAC-EQS are marked as “not applicable”, the AA-EQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on the basis of acute toxicity.
(5) This substance is not a priority substance but one of the other pollutants for which the EQS are identical to those laid down in community legislation that applied prior to Directive 2008/105/EC of the European Parliament and Council on environmental quality standards in the field of water policy.
(6) DDT total comprises the sum of the isomers 1,1,1-trichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 50-29-3; EU number 200-024-3); 1,1,1-trichloro-2 (o-chlorophenyl)-2-(p-chlorophenyl) ethane (CAS number 789-02-6; EU Number 212-332-5); 1,1-dichloro-2,2 bis (p-chlorophenyl) ethylene (CAS number 72-55-9; EU Number 200-784-6); and 1,1-dichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 7254-8; EU Number 200-783-0).
Table 12
The environmental quality standards for priority hazardous substances to apply for the purpose of assigning chemical status
Priority Hazardous Substances
AA: annual average (1)
MAC: maximum allowable concentration
Unit: [μg/l]
(1)
(2)
(3)
(4)
(5)
(6)
(7)
N°
Name of substance
Chemical Abstracts Service number
AA-EQS (2) Inland surface waters (3)
AA-EQS (2) Other surface waters
MAC-EQS (4) Inland surface waters (3)
MAC-EQS (4) Other surface waters
(1)
Anthracene
120-12-7
0.1
0.1
0.4
0.4
(2)
Brominated diphenylether (5)
32534-81-9
0.0005
0.0002
not applicable
not applicable
(3)
Cadmium and its compounds(depending on water hardness classes) (6)
7440-43-9
≤0.08(Class1
)
0.08 (Class2)
0.09 (Class3)
0.15 (Class4)
0.25 (Class5)
0.2
≤0.45 (Class1)
0.45 (Class2)
0.6 (Class 3)
0.9 (Class 4)
1.5 (Class 5)
≤0.45(Class1)
0.45 (Class2)
0.6 (Class 3)
0.9 (Class 4)
1.5 (Class 5)
(4)
C10-13 Chloroalkanes
85535-84-8
0.4
0.4
1.4
1.4
(5)
Endosulfan
115-29-7
0.005
0.0005
0.01
0.004
(6)
Hexachloro-benzene
118-74-1
0.01
0.01
0.05
0.05
(7)
Hexachloro-butadiene
87-68-3
0.1
0.1
0.6
0.6
(8)
Hexachloro-cyclohexane
608-73-1
0.02
0.002
0.04
0.02
(9)
Mercury and its compounds
7439-97-6
0.05
0.05
0.07
0.07
(10)
Nonylphenol (4-Nonylphenol)
104-40-5
0.3
0.3
2.0
2.0
(11)
Pentachloro-benzene
608-93-5
0.007
0.0007
not applicable
not applicable
(12)
Polyaromatic hydrocarbons (PAH) (7)
not applicable
not applicable
not applicable
not applicable
not applicable
Benzo(a)pyrene
50-32-8
0.05
0.05
0.1
0.1
Benzo(b)fluor-anthene
205-99-2
Σ=0.03
Σ=0.03
not applicable
not applicable
Benzo(k)fluor-anthene
207-08-9
Benzo(g,h,i)-perylene
191-24-2
Σ=0.002
Σ=0.002
not applicable
not applicable
Indeno(1,2,3-cd)-pyrene
193-39-5
(13)
Tributyltin compounds (Tributhyltin-cation)
36643-28-4
0.0002
0.0002
0.0015
0.0015
(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications for chemical monitoring and quality of analytical results to be adopted in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
(2) This parameter is the Environmental Quality Standard expressed as an annual average value (EQS-AA). Unless otherwise specified, it applies to the total concentration of all isomers.
(3) Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.
(4) This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (EQS-MAC). Where the MAC-EQS are marked as “not applicable”, the AA-EQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on the basis of acute toxicity.
(5) For the group of priority substances covered by brominated diphenylethers listed in Decision 2455/2001/EC, an EQS is established only for congener numbers 28, 47, 99, 100, 153 and 154.
(6) For Cadmium and its compounds the EQS values vary dependent upon the hardness of the water as specified in five class categories (Class 1: < 40 mg CaCO3/1, Class 2: 40 to < 50 mg CaCO3/1, Class 3: 50 to <100 mg CaCO3/1, Class 4: 100 to <200 mg CaCO3/1 and Class 5: ≥200 mg CaCO3/1).
(7) For the group of substances polyaromatic hydrocarbons (PAH) each individual EQS is applicable, i.e. the EQS for Benzo(a)pyrene, the EQS for the sum of Benzo(b)fluoranthene and Benzo(k)fluoranthene and the EQS for the sum of Benzo(g,h,i)perylene and Indeno(1,2,3-cd)pyrene must be met.
/images/ls
GIVEN under the Official Seal of the Minister for the Environment,
16 July 2009
JOHN GORMLEY
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations give statutory effect to Directive 2008/105/EC on environmental quality standards in the field of water policy. The Regulations also give further effect to Directive 2000/60/EC establishing a framework for Community action in the field of water policy and Directive 2006/11/EC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community.
The Regulations apply to all surface waters and provide, inter alia, for—
•The establishment of legally binding quality objectives for all surface waters and environmental quality standards for pollutants.
•The examination and where appropriate, review of existing discharge authorisations by Public Authorities to ensure that the emission limits laid down in authorisations support compliance with the new water quality objectives/standards.
•The classification of surface water bodies by the EPA for the purposes of the Water Framework Directive.
•The establishment of inventories of priority substances by the EPA.
•The drawing up of pollution reduction plans by coordinating local authorities (in consultation with the EPA) to reduce pollution by priority substances and to cease and/or phase out discharges, emissions or losses of priority hazardous substances.
These Regulations revoke the Local Government (Water Pollution) Act 1977 (Water Quality Standards for Phosphorus) Regulations 1998 ( S.I. No. 258 of 1998 ) and the Water Quality (Dangerous Substances) Regulations 2001 ( S.I. No. 12 of 2001 ).
1 O.J. No. L64/52, 4 March 2006
2 O.J. No. L327/1, 22 December 2000
3 O.J. No. L 348/84, 24 December 2008
S.I. No. 9/2010 –
European Communities Environmental Objectives (Groundwater) Regulations 2010.
EUROPEAN COMMUNITIES ENVIRONMENTAL OBJECTIVES (GROUNDWATER) REGULATIONS, 2010
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of22nd January, 2010.
I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), consider it necessary for the purpose of giving further effect to Directive 2000/60/EC 1 of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and giving effect to Directive 2006/118/EC 2 of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration to make provision for offences under the following Regulations to be prosecuted on indictment:
AND WHEREAS, I consider that it is necessary, having regard to section 3(3) of the Act of 1972, and for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following Regulations are effective, proportionate and have a deterrent effect, having regard to the acts or omissions of which the offence consists, to make such provisions in the following Regulations:
NOW THEREFORE, I JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by the European Communities Act 2007 ( S.I. No. 18 of 2007 ) and for the purpose of giving further effect to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and giving effect to Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration hereby make the following Regulations:
PART I PURPOSE AND INTERPRETATION
Citation and commencement
1. (a) These Regulations may be cited as the European Communities Environmental Objectives (Groundwater) Regulations 2010;
(b) These Regulations shall come into operation on 27th January 2010.
Purpose and scope of the Regulations
2. These Regulations are made to give effect to the measures needed to achieve the environmental objectives established for groundwater by Article 4(1)(b) of Directive 2000/60/EC of the European Parliament and of the Council (hereinafter known as the Water Framework Directive) and to give effect to the requirements of Directive 2006/118/EC of the European Parliament and of the Council (hereinafter known as the Groundwater Directive), and include the following:
(i) measures to prevent or limit the input of pollutants into groundwater and to prevent the deterioration of the status of all bodies of groundwater, in accordance with the requirements of Article 4(1)(b)(i) of Directive 2000/60/EC and Article 6 of Directive 2006/118/EC,
(ii) measures to protect, enhance and restore all bodies of groundwater and to ensure a balance between abstraction and recharge of groundwater, with the aim of achieving good groundwater status by not later than 22 December 2015 in accordance with Article 4(1)(b)(ii) of Directive 2000/60/EC,
(iii) measures requiring the reversal of any significant and sustained upward trend in the concentration of any pollutant resulting from the impact of human activity in order to progressively reduce pollution of groundwater in accordance with Article 4(1)(b)(iii) of Directive 2000/60/EC,
(iv) measures for determining: groundwater quantitative status in accordance with section 2.1 of Annex V of Directive 2000/60/EC and groundwater chemical status in accordance with section 2.3 of Annex V of Directive 2000/60/EC,
(v) measures establishing criteria and procedures for assessing groundwater chemical status in accordance with the requirements of Article 3 and Article 4 of Directive 2006/118/EC,
(vi) measures establishing procedures for the identification of significant and sustained upward trends and the definition of the starting point for trend reversal in accordance with the requirements of Article 5 of Directive 2006/118/EC,
(vii) the laying down of rules for the presentation and reporting of groundwater monitoring results, trend assessments and the classification of quantitative status and chemical status of groundwater bodies in accordance with the requirements of Article 15, Annex V and Annex VII of Directive 2000/60/EC and Articles 4 and 5 of Directive 2006/118/EC.
Interpretation
3. (1) In these Regulations, save where the context otherwise requires,—
“Act of 1972” means the European Communities Act of 1972 as amended by the European Communities Act 2007 ;
“Act of 1977” means the Local Government (Water Pollution) Act 1977 as amended by the Local Government (Water Pollution) (Amendment) Act 1990 ;
“Act of 1992” means the Environmental Protection Agency Act 1992 as amended by the Protection of the Environment Act 2003 and the Water Services Act 2007 ;
“Act of 1996” means the Waste Management Act 1996 as amended by the Waste Management (Amendment) Act 2001 , Part 3 of the Protection of the Environment Act 2003 , Part 2 of the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 ), Waste Management (Environmental Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 ), Waste Management (Registration of Brokers and Dealers) Regulations 2008 ( S.I. No. 113 of 2008 ) and the Waste Management (Certification of Historic Unlicensed Waste Disposal and Recovery Activity) Regulations 2008 ( S.I. No. 524 of 2008 );
“Agency” means the Environmental Protection Agency;
“aquifer” means a subsurface layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater;
“available groundwater resource” means the long-term annual average rate of overall recharge of the body of groundwater less the long-term annual rate of flow required to achieve the ecological quality objectives for associated surface waters specified under Article 4 of Directive 2000/60/EC, to avoid any significant diminution in the ecological status of such waters and to avoid any significant damage to associated terrestrial ecosystems;
“background level” means the concentration of a substance or the value of an indicator in a body of groundwater corresponding to no, or only very minor, anthropogenic alterations to undisturbed conditions;
“baseline level” means the average value measured at least during the reference years 2007 and 2008 on the basis of monitoring programmes implemented for the purposes of Regulation 10 of the 2003 Regulations or, in the case of substances identified after these reference years, during the first period for which a representative period of monitoring data is available;
“body of groundwater” means a distinct volume of groundwater within an aquifer or aquifers;
“body of surface water” means a discrete and significant element of surface water such as a lake, reservoir, stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water;
“co-ordinating local authority” has the same meaning as in the 2003 Regulations;
“Commission” means the Commission of the European Communities;
“Direct discharge to groundwater” means discharge of pollutants into groundwater without percolation throughout the soil or subsoil;
“Directive 80/68/EEC” means Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances (OJ No. L 20, 26.1.1980);
“Directive 91/414/EEC” means Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market;
“European site” means—
(a) a site (until the adoption, in respect of the site, of a decision by the European Commission under Article 21 of Council Directive 92/43/EEC for the purposes of the third paragraph of Article 4(2) of that Directive)—
(i) notified for the purposes of Regulation 4 of the European Communities (Natural Habitats) Regulations ( S.I. No. 94 of 1997 ), subject to any amendments made to it by virtue of Regulation 5 of those Regulations,
(ii) details of which have been transmitted to the Commission in accordance with Regulation 5(4) of the said Regulations, or
(iii) added by virtue of Regulation 6 of the said Regulations to the list transmitted to the Commission in accordance with Regulation 5(4) of those Regulations,
(b) a site adopted by the European Commission as a site of Community importance for the purposes of Article 4(2) of Council Directive 92/43/EEC in accordance with the procedures laid down in Article 21 of that Directive,
(c) a special area of conservation within the meaning of the European Communities (Natural Habitats) Regulations, ( S.I. No. 94 of 1997 ), or
(d) an area classified pursuant to Article 4(1) or 4(2) of Council Directive 79/409/EEC;
“good groundwater status” means the status achieved by a groundwater body when both its quantitative status and its chemical status are at least good;
“good groundwater chemical status” means the chemical status of a body of groundwater, which meets all the conditions for good chemical status set out in Regulations 39 to 43 of these Regulations;
“good groundwater quantitative status” means the quantitative status of a body of groundwater, which meets all the conditions for good quantitative status set out in Regulations 33 to 36 of these Regulations;
“groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;
“groundwater quality standard” means an environmental quality standard expressed as the concentration of a particular pollutant, group of pollutants or indicator of pollution in groundwater, which should not be exceeded in order to protect human health and the environment;
“hazardous substance” means substances or groups of substances that are toxic, persistent and liable to bio-accumulate and other substances or groups of substances that give rise to an equivalent level of concern;
“indirect discharge to groundwater” means discharge of pollutants into groundwater after percolation throughout the soil or subsoil;
“input of pollutants into groundwater” means the direct or indirect introduction of pollutants into groundwater as a result of human activity;
“Minister” means the Minister for the Environment, Heritage and Local Government unless otherwise indicated;
“pollutant” means any substance liable to cause pollution, in particular those listed in Schedule 2 of these Regulations;
“pollution” means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, which result in damage to material property, or which impair or interfere with amenities and other legitimate uses of the environment;
“protected areas” means areas designated as requiring special protection under specific Community legislation for the protection of their surface water and groundwater or for the conservation of habitats and species of European sites directly dependent on water and listed in the register established by the Agency in accordance with Regulation 8 of the 2003 Regulations;
“public authority” means an authority or State Sponsored Body listed in Schedule 1 of these Regulations;
“quantitative status” is an expression of the degree to which a body of groundwater is affected by direct and indirect abstractions;
“river” means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course;
“river basin district” has the same meaning as in the 2003 Regulations;
“river basin district co-ordinating authorities” means an authority designated as a co-ordinating authority for a river basin district in accordance with Regulation 6 of the 2003 Regulations;
“river basin management plan” means a river basin management plan, made in accordance with Regulation 13 of the 2003 Regulations;
“significant and sustained upward trend” means any statistically and environmentally significant increase of concentration of a pollutant, group of pollutants, or indicator of pollution in groundwater for which trend reversal is identified as being necessary in accordance with Part VI of these Regulations;
“surface water” means inland waters, except groundwater, transitional waters and coastal waters, except in respect of chemical status for which it shall also include territorial waters;
“threshold value” means a groundwater quality standard referred to in Regulation 40(b) of these Regulations;
“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy;
“1999 Regulations” means the Local Government (Water Pollution) (Amendment) Regulations 1999 ( S.I. No. 42 of 1999 );
“2003 Regulations” means the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ) as amended;
“2007 Regulations” means the Waste Water Discharge (Authorisation) Regulations 2007 ( S.I. No. 684 of 2007 );
“2008 Regulations” means the European Communities (Water Policy) (Amendment) Regulations 2008 ( S.I. No. 219 of 2008 );
“2009 Regulations” means the European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2009 ( S.I. No. 101 of 2009 ).
(2) A word or expression that is used in these Regulations and is also used in Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration has, unless the contrary intention appears, the same meaning in these Regulations as in the Directive concerned.
(3) In these Regulations, unless otherwise identified, a reference to—
(a) a Part is a reference to a Part of these Regulations;
(b) a Regulation is a reference to a Regulation of these Regulations;
(c) a paragraph or sub-paragraph is a reference to a paragraph or sub-paragraph of the Regulation or paragraph in which the reference occurs;
(d) a Schedule is a reference to a Schedule of these Regulations.
PART II ENVIRONMENTAL OBJECTIVES FOR GROUNDWATER
Duty on Public Authorities
4. A public authority shall, insofar as its functions allow and subject to any provisions and limitations listed elsewhere in this Part, promote compliance with the requirements of these Regulations and take all reasonable steps including, where necessary, the implementation of programmes of measures, to:
(a) prevent or limit, as appropriate, the input of pollutants into groundwater and prevent the deterioration of the status of all bodies of groundwater;
(b) protect, enhance and restore all bodies of groundwater and ensure a balance between abstraction and recharge of groundwater with the aim of achieving good groundwater quantitative status and good groundwater chemical status by not later than 22 December 2015;
(c) reverse any significant and sustained upward trend in the concentration of any pollutant resulting from the impact of human activity in order to progressively reduce pollution of groundwater;
(d) achieve compliance with any standards and objectives established for a groundwater dependant protected area included in the register of protected areas established under Regulation 8 of the 2003 Regulations by not later than 22 December 2015, unless otherwise specified in the Community legislation under which the individual protected areas have been established.
5. A public authority shall not, in the performance of its functions, undertake those functions in a manner that knowingly causes or allows deterioration in the quantitative status or chemical status of a body of groundwater.
6. A public authority shall consult, cooperate and liaise with other public authorities within the river basin district and, where appropriate with the relevant competent authorities in Northern Ireland, in such a manner and to such extent as is necessary to ensure compliance with the requirements of these Regulations.
Prevention and Control of Groundwater Pollution
7. Point source discharges and diffuse sources liable to cause groundwater pollution shall be controlled so as to prevent or limit the input of pollutants into groundwater.
8. (a) The direct discharge of pollutants into groundwater is prohibited;
(b) The following discharges may be permitted subject to a requirement for prior authorisation provided such discharges, and the conditions imposed, do not compromise the achievement of the environmental objectives established for the body of groundwater into which the discharge is made;
(i) injection of water containing substances resulting from the operations for exploration and extraction of hydrocarbons or mining activities, and injection of water for technical reasons, into geological formations from which hydrocarbons or other substances have been extracted or into geological formations which for natural reasons are permanently unsuitable for other purposes. Such injections shall not contain substances other than those resulting from the above operations,
(ii) reinjection of pumped groundwater from mines and quarries or associated with the construction or maintenance of civil engineering works,
(iii) injection of natural gas or liquefied petroleum gas (LPG) for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes,
(iv) injection of natural gas or liquefied petroleum gas (LPG) for storage purposes into other geological formations where there is an overriding need for security of gas supply, and where the injection is such as to prevent any present or future danger of deterioration in the quality of any receiving groundwater,
(v) discharges resulting from construction, civil engineering and building works and similar activities on, or in the ground which come into contact with groundwater. Such activities may be treated as having been authorised provided that they are conducted in accordance with general binding rules which are applicable to such activities,
(vi) small quantities of substances for scientific purposes for characterisation, protection or remediation of water bodies limited to the amount strictly necessary for the purposes concerned;
(c) Reinjection of water used for geothermal purposes into the same aquifer may be permitted subject to a requirement for prior authorisation.
9. In order to achieve the objective of preventing and limiting inputs of pollutants into groundwater the following shall apply:
(a) The input of hazardous substances into groundwater is prohibited;
(b) The input of non-hazardous substances shall be limited so as to ensure that such inputs do not cause deterioration in groundwater status or cause significant and sustained upward trends in the concentration of pollutants in groundwater;
(c) For the purpose of establishing measures to meet the requirements of this Regulation, the Agency shall, as a first step, identify and publish a list of substances belonging to the families or groups of pollutants referred to in Schedule 2 which are to be considered hazardous or non-hazardous and which the Agency considers to present an existing or potential risk of pollution. The list of hazardous and non-hazardous substances shall be published in a technical report by 22 June 2010 at the latest and shall set out the basis for the Agency’s determination in relation to the substances listed therein;
(d) For the purpose of identifying hazardous substances the Agency shall take particular account of hazardous substances belonging to the families or groups of pollutants referred to in points 1 to 6 of Schedule 2, as well as of substances belonging to the families or groups of pollutants referred to in points 7 to 9 of Schedule 2, where these are considered to be hazardous;
(e) The Agency shall, as it considers necessary, periodically review and publish the list of substances considered hazardous or non-hazardous, and shall prepare and make publicly available a technical report setting out the basis for the Agency’s determination in relation to the substances listed therein;
(f) The Agency shall undertake such consultation as it considers necessary for the purpose of identifying a list of hazardous and non-hazardous substances.
10. The Agency may, where it considers it necessary or appropriate, issue advice and/or give directions to a public authority or authorities concerned on the measures to be taken to prevent and limit inputs of pollutants into groundwater.
11. The Agency may, where it considers it necessary or appropriate:
(a) review, or cause to have reviewed, existing codes of practice including other such mechanisms and controls already in place for the purpose of preventing or limiting the input of pollutants into groundwater;
(b) identify such other areas and/or activities requiring the introduction of similar type controls so as to prevent or limit the input of pollutants into groundwater;
(c) direct a public authority to undertake a review and, where necessary, update a code of practice, or in the case of sub-paragraph (b), prepare a new code of practice or system of control for the activity in question; a public authority so directed shall comply with the direction given by the Agency within the timeframe prescribed.
For the purpose of this Regulation, the Agency shall ensure that inputs of pollutants from diffuse sources of pollution having an impact on groundwater chemical status are taken into account whenever technically possible.
Review of existing authorisations allowing pollutant inputs to groundwater
12. A public authority shall as soon as may be practicable, and not later than 22 December 2012:
(a) examine the terms of every authorisation granted by it allowing the input of pollutants into groundwater and for the time being in force and determine whether, having regard to the requirements of these Regulations, the authorisation requires to be reviewed;
(b) if the authorisation or revised authorisation requires to be so reviewed, complete such a review by not later than 22 December 2012, or;
(c) if the authorisation or revised authorisation does not require to be so reviewed and accordingly, that no further action is required, declare in writing that this is the case.
13. A public authority shall from time to time carry out such further examination, and where necessary review, of authorisations as may be necessary to comply with the requirements of these Regulations.
Categories of exempted pollutant inputs
14. The Agency may, where it considers it appropriate or necessary, establish detailed technical rules under which the following categories of pollutant inputs may be exempted from the provisions of this Part:
(a) inputs that are the result of direct discharges authorised in accordance with Regulation 8;
(b) inputs considered to be of a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater;
(c) inputs that are the consequences of accidents or exceptional circumstances of natural cause that could not reasonably have been foreseen, avoided or mitigated;
(d) inputs that are the result of artificial recharge or augmentation of bodies of groundwater authorised in accordance with Article 11(3)(f) of Directive 2000/60/EC;
(e) inputs considered incapable, for technical reasons, of being prevented or limited without using:
(i) measures that would increase risks to human health or to the quality of the environment as a whole, or
(ii) disproportionately costly measures to remove quantities of pollutants from or otherwise control their percolation in, contaminated ground or subsoil; or
(f) inputs that are the result of interventions in surface waters for the purposes, amongst others, of mitigating the effects of floods and droughts, and for the management of waters and waterways, including at international level. Such activities, including cutting, dredging, relocation and deposition of sediments in surface water, shall be conducted in accordance with general binding rules, and, where applicable, with permits and authorisations issued on the basis of such rules, developed by the relevant authority for that purpose, provided that such inputs do not compromise the achievement of the environmental objectives established for the water bodies concerned.
The exemptions provided for in points (a) to (f) may be used only where the Agency is satisfied that adequate monitoring of the bodies of groundwater concerned, in accordance with point 2.4.2 of Annex V to Directive 2000/60/EC, or other appropriate monitoring, is being carried out.
Where the Agency establishes detailed technical rules for identifying pollutant inputs exempted from the provisions of this Part, it shall undertake such consultation as it considers necessary for this purpose.
The Agency shall prepare and make publicly available a technical report setting out the detailed technical rules for identifying pollutant inputs exempted from the provisions of this Part. The Agency shall also, as it considers necessary, periodically review and if necessary, revise these rules. Where the rules are revised they shall be made publicly available in a technical report.
15. The Agency shall keep an inventory of the exemptions referred to in Regulation 14 for the purpose of notification, upon request, to the Minister, the Commission or any other person making such a request. For this purpose the Agency may direct a public authority to provide information in relation to the location and nature of inputs of pollutants, and any other information, which it considers necessary. The relevant public authority, shall take the steps necessary to provide the information requested by the Agency. The information shall be provided to the Agency in a timely manner.
Extended deadlines
16. The deadline established under Regulation 4(b) for the restoration of bodies of groundwater may be extended for the purpose of the phased achievement of good status provided that no deterioration occurs in the status of the affected body of water and all of the following conditions are met:
(a) it is demonstrated that the required improvements in status cannot reasonably be achieved within the timescales set out in Regulation 4(b) for at least one of the following reasons:
(i) the scale of improvements can only be achieved in phases exceeding the timescale for reasons of technical feasibility,
(ii) completing the improvements within the timescale would be disproportionately expensive,
(iii) natural conditions do not allow timely improvements in the status of the body of water;
(b) extension of the deadline, and the reasons for it, are set out and explained in the relevant river basin management plan prepared for the purposes of Regulation 13 of the 2003 Regulations;
(c) extensions shall be limited to a maximum of two further updates of the river basin management plan except in cases where the natural conditions are such that the objectives cannot be achieved within this period;
(d) a summary of the measures envisaged as necessary to bring the bodies of water progressively to the required status by the extended deadline, the reasons for any significant delay in making these measures operational, and the expected timetable for their implementation are set out in the river basin management plan. A review of the implementation of these measures and a summary of any additional measures shall be included in updates of the river basin management plan.
Less stringent environmental objectives
17. Less stringent environmental objectives may be applied in the case of groundwater bodies where the water bodies are so affected by human activity, as determined by the analysis of the characteristics of the river basin prepared for the purposes of Regulation 7 of the 2003 Regulations, or their natural condition is such that the achievement of the prescribed quality objectives would be unfeasible or disproportionately expensive, and the following conditions are met:
(a) the environmental and socio-economic needs served by such human activity cannot be achieved by other means, which are a significantly better environmental option not entailing disproportionate costs;
(b) the highest chemical and/or quantitative status possible is achieved in relation to any individual groundwater body, given impacts that could not reasonably have been avoided due to the nature of the human activity or pollution;
(c) no further deterioration occurs in the status of the affected body of water;
(d) the establishment of less stringent environmental objectives, and the reasons for it, are specifically mentioned in the river basin management plan referred to in Regulation 13 of the 2003 Regulations, and those objectives are reviewed every six years.
Temporary deterioration in groundwater status
18. Temporary deterioration in the status of bodies of groundwater shall not result in failure to meet the environmental objectives set out in these Regulations provided the deterioration is the result of circumstances of natural cause or force majeure which are exceptional and could not reasonably have been foreseen, in particular extreme floods or prolonged droughts or the results of circumstances due to accidents which could not reasonably have been foreseen, provided all of the following conditions are met:
(a) all practicable steps are taken to prevent further deterioration in status and to protect other water bodies not affected directly by the said circumstances;
(b) the conditions under which circumstances that are exceptional or could not reasonably have been foreseen are documented in the river basin management plan;
(c) the measures to be taken under such exceptional circumstances are included in the programme of measures and will not compromise the recovery of the quality of the body of water once the circumstances have ceased;
(d) the effects of the circumstances are reviewed annually and subject to consideration of scale, technical feasibility, cost and natural conditions, all practicable measures are taken to restore the body of water to the status that obtained prior to the effects of those circumstances as soon as reasonably practicable;
(e) a summary of the effects of the circumstances and of such measures taken or to be taken to restore the body of water to the status that obtained prior to the effects of those circumstances is included in the next update of the river basin management plan.
Alterations to groundwater levels
19. Failure to achieve good groundwater status, or to prevent deterioration in the status of a body of groundwater resulting from alterations to the level of bodies of groundwater, shall not be a breach of these Regulations when all the following conditions are met:
(a) all practicable steps are taken to mitigate the adverse impact on the status of the body of groundwater;
(b) the reasons for these alterations are specifically set out and explained in the river basin management plan required under Regulation 13 of the 2003 Regulations and the objectives are reviewed every six years;
(c) the reasons for these alterations are of overriding public interest and/or the benefits to the environment and to society of achieving the objectives established by Regulation 4 are outweighed by the benefits of the new alterations to human health, to the maintenance of human safety or to sustainable development; and
(d) the beneficial objectives served by these alterations of the water body cannot for reasons of technical feasibility or disproportionate cost be achieved by other means, which are a significantly better environmental option.
Application of exemption provisions
20. Application of the exemption provisions referred to in Regulations 16, 17, 18 and 19 must ensure that:
(a) achievement of the environmental objectives is not permanently excluded or compromised in other bodies of water within the same river basin district and measures taken are consistent with the implementation of other Community environmental legislation;
(b) the same level of protection as is afforded by existing Community legislation is guaranteed.
PART III GENERAL DUTIES ON PUBLIC AUTHORITIES AND OTHER PERSONS UNDER THESE REGULATIONS
Prosecution of offences and performance of statutory functions by public authorities
21. It shall be an offence not to comply with a requirement of these Regulations.
22. A person, public authority, body corporate or unincorporated body guilty of an offence is liable;
(a) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b) on conviction on indictment to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both.
23. A prosecution for an offence under these Regulations may be taken by the co-ordinating local authority for the river basin district, the Agency, a Minister of the Government, and, where appropriate, a relevant public authority. A prosecution for an offence may be taken by a local authority within the river basin district whether or not the offence is committed in the functional area of the authority.
Performance of functions and duties under these Regulations
24. Where the co-ordinating local authority for the river basin district, the Agency, the Minister, and, where appropriate, a relevant public authority, is of the opinion that a person, public authority or body corporate has failed to comply with a function or duty under these Regulations or has performed that function or duty in an unsatisfactory manner, the co-ordinating local authority, the Agency, the Minister or the relevant public authority, as appropriate, may request a report within a specified period from the person, public authority or body corporate in relation to the matter and the person, public authority or body corporate shall comply with the request.
25. The co-ordinating local authority, the Agency, the Minister or the relevant public authority, as appropriate, having considered any report of the person, public authority or body corporate may, with a view to ensuring the satisfactory performance of the function or duty in question—
(a) Issue such advice and recommendations to the person, public authority or body corporate as it considers necessary; or
(b) Provide, on such terms and conditions as may be agreed, such assistance or support as the co-ordinating local authority, the Agency, the Minister or the relevant public authority considers, in consultation with the person, public authority or body corporate concerned, would be helpful.
26. Where the co-ordinating local authority for the river basin district, the Agency, the Minister or the relevant public authority is of the opinion that the response of the person, public authority or body corporate to advice or recommendations issued or assistance or support offered under Regulation 25 is inadequate for the purpose of complying with a duty or function under these Regulations it may, without prejudice to any powers under any other statute, direct the person, public authority or body corporate to carry out, cause to carry out, or arrange for, such action related to the function or duty in question as the co-ordinating local authority, the Agency, the Minister or the relevant public authority considers necessary within such period as may be specified.
27. Where a person, public authority or body corporate fails without reasonable cause to comply with a direction under Regulation 26, the co-ordinating local authority, the Agency, the Minister or the relevant public authority may carry out, cause to be carried out, or arrange for, such action related to the function or duty in question as it considers necessary to ensure compliance with the direction and the costs of such action may be recovered by the co-ordinating local authority, the Agency, the Minister or the relevant public authority, as appropriate, from the person, public authority or body corporate as a simple contract debt in any court of competent jurisdiction.
Application to the courts
28. Where, on application by the co-ordinating local authority for the river basin district, the Agency, a Minister of the Government, or the relevant public authority to the District Court, the Circuit Court or the High Court, the Court is satisfied that a person, public authority or body corporate is not undertaking or does not intend to undertake, its’ functions or duties under these Regulations in a manner consistent with the achievement of the environmental objectives established, or with a direction issued by the co-ordinating local authority, the Agency, the Minister or the relevant public authority under Regulation 26, the Court may by order—
(a) Direct that person, body corporate or public authority to take such steps as are necessary to address the inconsistencies or other matters identified; and
(b) Make such other provision, including provision in relation to the payment of costs, as the court considers appropriate.
29. An application for an order under Regulation 28 shall be by motion and the court, when considering the matter, may make such interim or interlocutory order as it considers appropriate.
Powers, duties and functions assigned to public authorities
30. The powers, duties and functions assigned to a public authority by these Regulations are additional to and not in substitution for, the powers, duties and functions assigned by any other statute.
PART IV DUTY ON THE ENVIRONMENTAL PROTECTION AGENCY TO CLASSIFY GROUNDWATER BODIES
31. The Agency shall, by not later than 22 June 2011, classify in accordance with the requirements of Part V each groundwater body identified for the purposes of Regulation 7 of the 2003 Regulations according to its quantitative status and chemical status.
32. The Agency shall—
(a) provide a map of the resulting assessment of groundwater quantitative status, colour-coded as indicated below:
(i) Good: green,
(ii) Poor: red,
(b) provide a map of groundwater chemical status, colour-coded as indicated below:
(i) Good: green,
(ii) Poor: red,
(c) indicate by a black dot on the map specified in paragraph (b) above, those groundwater bodies which are subject to a significant and sustained upward trend in the concentrations of any pollutant resulting from the impact of human activity. Reversal of a trend shall be indicated by a blue dot on the map;
(d) provide, for inclusion in the river basin management plan, a map showing for each groundwater body or groups of groundwater bodies both the quantitative status and the chemical status of that body or group of bodies, colour-coded in accordance with the requirements of paragraphs (a) and (b) above. The Agency may choose not to provide separate maps under paragraphs (a) and (b) above but shall in that case also provide an indication in accordance with the requirements of paragraph (c) on the map required under this sub-section, of those bodies which are subject to a significant and sustained upward trend in the concentration of any pollutant or any reversal in such a trend;
(e) prepare the information specified in paragraphs (a) to (d) in a form which is available for introduction into a geographical information system (GIS) and/or the geographical information system of the European Commission (GISCO).
PART V THE ASSESSMENT OF GROUNDWATER QUANTITATIVE STATUS AND CHEMICAL STATUS
The assessment of groundwater quantitative status
33. The quantitative status of a body or bodies of groundwater shall be assigned by the Agency and shall be based on the characterisation carried out in accordance with Regulation 7 of the 2003 Regulations and Section 2.2 of Annex II to Directive 2000/60/EC and the results of the quantitative monitoring programmes established for the purposes of Regulation 10 of the 2003 Regulations.
34. The Agency may classify a body or a group of bodies of groundwater as being of good quantitative status if it is satisfied, on the basis of Regulation 33, that the body or a group of bodies of groundwater is not at risk of failing to achieve good groundwater quantitative status.
35. Where the Agency is not satisfied that a body or a group of bodies of groundwater can be classified as being of good quantitative status on the basis of the procedure outlined in Regulation 34 then quantitative status shall be assigned on the basis of the procedures outlined in Regulation 36.
36. The Agency shall apply the appropriate test procedures in Schedule 3 to each body or group of bodies of groundwater and shall assign quantitative status on the basis of these test procedures, as follows;
(a) Where the Agency is satisfied that none of the test conditions for applying any of the test procedures in Schedule 3 are met, then it shall classify a body or a group of bodies of groundwater as being at good quantitative status;
(b) Where the Agency is satisfied that one or more of the test conditions for applying any of the test procedures in Schedule 3 are met, then it shall carry out an appropriate investigation, in accordance with the relevant test procedures set out in Schedule 3, to determine whether or not the criteria for poor quantitative status are met. On the basis of the appropriate investigation the Agency shall classify a body or a group of bodies of groundwater as follows;
(i) Where the criteria for poor quantitative status are not met by the appropriate test procedures in Schedule 3, then the Agency shall classify a body or a group of bodies of groundwater as being at good quantitative status,
(ii) Where the criteria for poor quantitative status are met by one or more of the test procedures in Schedule 3, then the Agency shall classify a body or a group of bodies of groundwater as being at poor quantitative status.
37. To enable the Agency to estimate the long-term annual average rate of abstraction for each groundwater body referred to in Table 4 of Schedule 3, the Agency may direct a person, public authority, body corporate or unincorporated body, as appropriate, to provide information in relation to any groundwater abstraction for which it is responsible. Such information may include the location and rate of abstraction and any other information, which the Agency considers necessary for the purposes of these Regulations. The relevant person, public authority, body corporate or unincorporated body shall take the steps necessary to obtain the information requested by the Agency.
38. To enable the Agency to determine whether the level of groundwater in the groundwater body is such that the available groundwater resource is not exceeded by the long-term annual average rate of abstraction, as required in Table 4 of Schedule 3, the Agency shall monitor levels in the national groundwater level monitoring network established for the purposes of Regulation 10 of the 2003 Regulations and shall keep water balance estimations updated using recharge and abstraction rates for each groundwater body characterised as being at risk of failing to achieve good groundwater quantitative status in accordance with Regulation 7 of the 2003 Regulations.
The assessment of chemical status
39. The chemical status of a body or bodies of groundwater shall be assigned by the Agency and shall be based on the characterisation carried out in accordance with Regulation 7 of the 2003 Regulations and Section 2.2 of Annex II to Directive 2000/60/EC and the results of the chemical monitoring programmes established for the purposes of Regulation 10 of the 2003 Regulations.
40. The Agency shall apply the following criteria for the purpose of assessing the chemical status of a body or a group of bodies of groundwater:
(a) groundwater quality standards for nitrate and active substances in pesticides, as listed in Schedule 4;
(b) threshold values for pollutants or indicators of pollutants, as listed in Schedule 5 and established in accordance with the rules set out in Schedule 6.
41. The Agency may classify a body or a group of bodies of groundwater as being of good chemical status if it is satisfied, on the basis of Regulation 39, that the body or a group of bodies of groundwater is not at risk of failing to achieve good groundwater chemical status.
42. Where the Agency is not satisfied that a body or a group of bodies of groundwater can be classified as being of good chemical status on the basis of the procedure outlined in Regulation 41 then chemical status shall be assigned on the basis of the procedures outlined in Regulation 43.
43. The Agency shall assign chemical status based on the following procedures:
(a) Where the values for the groundwater quality standards listed in Schedule 4 and the relevant threshold values listed in Schedule 5 are not exceeded at any monitoring point in a body or group of bodies of groundwater, then the Agency shall classify that body or group of bodies of groundwater as being at good chemical status; or
(b) Where the value of a groundwater quality standard listed in Schedule 4 or a relevant threshold value listed in Schedule 5 is exceeded at one or more monitoring points in a body or group of bodies of groundwater, then the Agency shall carry out an appropriate investigation, in accordance with the relevant test procedures described in Schedule 7, to determine whether or not the criteria for poor chemical status are met. On the basis of the appropriate investigation the Agency shall classify a body or a group of bodies of groundwater as follows;
(i) Where the criteria for poor chemical status are not met by the appropriate test procedures in Schedule 7, then the Agency shall classify a body or a group of bodies of groundwater as being at good chemical status,
(ii) Where the criteria for poor chemical status are met by one or more of the test procedures in Schedule 7, then the Agency shall classify a body or a group of bodies of groundwater as being at poor chemical status.
44. If a body of groundwater is classified as being of good chemical status in accordance with Regulation 43(b)(i), the Agency may make recommendations or give directions to the relevant public authorities, in the context of their respective functions, regarding the measures it considers necessary, in accordance with Regulation 12(1)(b) of the 2003 Regulations, to protect aquatic ecosystems, terrestrial ecosystems and human uses of groundwater dependent on the part of the body of groundwater represented by the monitoring point or points at which the value for a groundwater quality standard or the threshold value has been exceeded.
Interim classification of groundwater bodies for the first river basin planning cycle
45. For the purpose of the first river basin management plan, and pending full classification of groundwater bodies in accordance with the requirements of Regulations 33 to 36 and Regulations 39 to 43, the Agency shall assign an interim classification of groundwater quantitative status and groundwater chemical status to each body of groundwater where the Agency is satisfied that it can reliably do so on the basis of available information and/or expert knowledge. The Agency shall:
(a) as a minimum assign a status of ‘good’ or ‘poor’ to those bodies of groundwater where available data and knowledge allows; and
(b) assign ‘undetermined status’ to those remaining bodies of groundwater where the Agency is not, by that date, in a position to assign a reliable interim classification due to a lack of data or other reason; and
(c) periodically review the interim classifications and add to the list of bodies of water so classified as data availability and knowledge improves.
46. In assigning interim status, the Agency shall have regard to all relevant data relating to the body of groundwater in question, including the results of monitoring, the results of analyses undertaken for the purpose of Regulation 7 of the 2003 Regulations as well as monitoring and assessments undertaken in relation to associated surface waters and protected areas.
47. The interim classification of groundwater quantitative status and groundwater chemical status assigned by the Agency in accordance with Regulation 45, shall be a classification of status as if assigned by the Agency in accordance with the procedures set out in Regulations 33 to 36 and Regulations 39 to 43 and shall be deemed so for the purpose of these Regulations.
Duty on the Environmental Protection Agency to keep threshold values for the assessment of groundwater chemical status updated
48. (a) The Agency may make recommendations to the Minister to amend the list of threshold values referred to in Schedule 5, where it considers it necessary due to new information on pollutants, groups of pollutants, or indicators of pollution indicating that a threshold value should be set for an additional substance, that an existing threshold value should be amended or that a threshold value previously removed from the list should be re-inserted, in order to protect human health and the environment;
(b) Threshold values can be removed from the list when the body of groundwater concerned is no longer at risk from the corresponding pollutants, groups of pollutants or indicators of pollution;
(c) Any such changes to the list of threshold values shall be reported in the context of the periodic review of the river basin management plans.
49. The Minister shall, if appropriate, on receipt of a recommendation or recommendations from the Agency arising from a requirement under Regulation 48, undertake consultation on the recommendation or recommendations made by the Agency and shall, as soon as may be practicable, amend these Regulations having regard to the advice given to the Minister by the Agency, the results of such consultation and any representation made by a Minister of Government or any other person or body.
50. (a) When recommending additional threshold values the Agency shall ensure that the proposed threshold values are in accordance with the procedure set out in Part A of Schedule 6 for the pollutants, groups of pollutants and indicators of pollution which, within the territory of Ireland, have been identified as contributing to the characterisation of bodies or groups of bodies of groundwater as being at risk, taking into account at least the list contained in Part B of Schedule 6;
(b) The proposed threshold values applicable to good chemical status shall be based on the protection of the body of groundwater in accordance with the guidelines for establishing threshold values set out in Schedule 6, Part A, points 1, 2 and 3 having particular regard to its impact on, and interrelationship with, associated surface waters and directly dependent terrestrial ecosystems and wetlands and shall inter alia take into account human toxicology and ecotoxicology knowledge.
51. The Agency may propose additional threshold values at the national level, at the level of the river basin district or at the level of a body or a group of bodies of groundwater.
52. The Agency shall ensure that, for bodies of groundwater shared with Northern Ireland and for bodies of groundwater within which groundwater flows across the border between Ireland and Northern Ireland, the proposal of additional threshold values is subject to consultation with the relevant authorities in Northern Ireland, in accordance with Regulation 3(1)(c) of the 2003 Regulations.
PART VI THE IDENTIFICATION OF SIGNIFICANT AND SUSTAINED UPWARD TRENDS IN POLLUTION AND THE DEFINITION OF STARTING POINTS FOR TREND REVERSAL
53. The Agency shall identify any significant and sustained upward trend in concentrations of pollutants, groups of pollutants or indicators of pollution found in bodies or groups of bodies of groundwater identified as being at risk of failing to achieve good groundwater chemical status in accordance with Regulation 7 of the 2003 Regulations on the basis of the results obtained from the chemical monitoring programmes established for the purposes of Regulation 10 of the 2003 Regulations. The Agency shall define the starting point for reversing that trend, in accordance with the procedures set out in Schedule 8.
54. The Agency may issue a direction to a public authority or authorities concerned, where it considers it necessary, on the measures to be taken to reverse upward pollution trends where the trend presents a significant risk of harm to the quality of aquatic ecosystems or terrestrial ecosystems, to human health, or to actual or potential legitimate uses of the water environment. Trend reversal shall be in accordance with Schedule 8, Part B.
55. The Agency shall define the starting point for trend reversal as a percentage of the level of the groundwater quality standards set out in Schedule 4 and of the threshold values set out in Schedule 5, on the basis of the identified trend and the environmental risk associated therewith, in accordance with the criteria set out in Schedule 8, Part B, point 1.
56. Where necessary to assess the impact of existing plumes of pollution in bodies of groundwater that may threaten the achievement of the objectives in Article 4 of Directive 2000/60/EC, and in particular, those plumes resulting from point sources and contaminated land, the Agency shall carry out, or shall cause to have carried out, additional trend assessments for identified pollutants in order to verify that plumes from contaminated sites do not expand, do not cause the chemical status of the body or group of bodies of groundwater to deteriorate, and do not present a risk for human health and the environment.
57. For the purpose of undertaking a trend assessment of existing plumes of pollution referred to in Regulation 56 the Agency may direct a person, public authority, body corporate or unincorporated body, as appropriate, to provide the appropriate additional chemical monitoring within a groundwater body. The direction may specify the location of sampling points, the frequency of sampling, the parameters to be monitored and any other conditions that the Agency considers necessary for the purposes of Regulation 56. The relevant person, public authority, body corporate or unincorporated body shall take the steps necessary to provide the additional monitoring requested by the Agency. The results from the additional monitoring shall be provided to the Agency in a timely manner.
PART VII REPORT TO BE PREPARED BY THE ENVIRONMENTAL PROTECTION AGENCY AND INFORMATION TO BE CONTAINED IN RIVER BASIN MANAGEMENT PLAN
Report to be prepared by the Environmental Protection Agency
58. The Agency shall prepare and publish a detailed technical report containing the following;
(a) The methods and procedures used to assign groundwater quantitative status referred to in Regulations 33 to 36,
(b) The methods and procedures used to assign groundwater chemical status referred to in Regulations 39 to 43,
(c) All threshold values established for all bodies or groups of bodies of groundwater together with a summary of the information regarding the relevant pollutants and their indicators as set out in Schedule 6, Part C of these Regulations,
(d) The methods and procedures used to identify those bodies which are subject to a significant and sustained upward trend in concentration of any pollutant or which are showing a reversal of that trend in accordance with Regulation 32(d) and how trend assessment from individual monitoring points within a body or a group of bodies of groundwater has contributed to this identification,
(e) The reasons for the starting points for pollution trend reversal which have been defined pursuant to Regulation 55,
(f) Where undertaken by the Agency and other parties in accordance with Regulation 57, the results of the additional monitoring and trend assessments for identified pollutants used to verify that plumes from contaminated sites do not expand, do not cause the chemical status of the body or group of bodies of groundwater to deteriorate and do not present a risk to human health and the environment.
The technical report shall be published by the Agency as a background document supporting the river basin management plans to be submitted in accordance with Regulation 13 of the 2003 Regulations and shall be submitted to the Minister and the coordinating local authority of each River Basin District.
Information to be contained in river basin management plan
59. The coordinating authorities shall include the following in the river basin management plans to be submitted in accordance with Regulation 13 of the 2003 Regulations:
(a) A summary of the assessment of groundwater quantitative status referred to in Regulations 33 to 36;
(b) A summary of the assessment of groundwater chemical status referred to in Regulations 39 to 43. This summary, established at the level of the river basin district or the part of the international river basin district falling within the territory of Ireland, shall also include an explanation as to the manner in which exceedances of groundwater quality standards or threshold values at individual monitoring points have been taken into account in the final assessment;
(c) A summary of;
(i) the way in which the trend assessment from individual monitoring points within a body or a group of bodies of groundwater has contributed to identifying, in accordance with Regulation 32 (d), those bodies that are subject to a significant and sustained upward trend in concentration of any pollutant or a reversal of that trend, and
(ii) the reasons for the starting points defined pursuant to Regulation 55;
(d) Where undertaken by the Agency and other parties in accordance with Regulation 57, the results of the additional monitoring and trend assessments for identified pollutants used to verify that plumes from contaminated sites do not expand, do not cause the chemical status of the body or group of bodies of groundwater to deteriorate and do not present a risk to human health and the environment.
PART VIII MISCELLANEOUS PROVISIONS
Transitional provisions
60. In the period between the coming into operation of these Regulations and 22 December 2013, any new authorisation procedure pursuant to Articles 4 and 5 of Directive 80/68/EEC, in particular; authorisations granted under the Act of 1992, the Act of 1996, the Local Government (Water Pollution) Acts 1977 to 1990 made for such purpose under the European Communities Act of 1972 and the 2007 Regulations shall take into account the criteria for assessing groundwater chemical status set out in Regulation 40 of these Regulations, the procedure for assessing groundwater chemical status set out in Regulations 39 to 43 of these Regulations and the procedures for identifying significant and sustained upward trends in pollution and defining the starting points for trend reversals set out in Part VI of these Regulations.
Revocation
61. With effect from 22 December 2013, the Local Government (Water Pollution) (Amendment) Regulations 1999 ( S.I. No. 42 of 1999 ) are revoked.
SCHEDULE 1
Relevant public authorities
The public authorities to which these Regulations apply are—
The Environmental Protection Agency
The relevant local authorities
The regional authorities in the area
The regional fisheries boards in the area
The Geological Survey of Ireland
Teagasc
The National Roads Authority
The Radiological Protection Institute of Ireland
The Central Fisheries Board
The Electricity Supply Board
The Commission for Energy Regulation
Port and Harbour Authorities including Port companies established under the 1996 Harbours Act
The Dublin Docklands Development Authority
Waterways Ireland
An Bord Pleanála
Bord Na Mna
Coillte
The Health and Safety Authority
The Commissioners of Public Works
The Minister for Agriculture, Fisheries and Food
The Minister for Communications, Energy and Natural Resources
The Minister for Enterprise, Trade and Employment
The Minister for Environment, Heritage and Local Government
The Minister for Transport
SCHEDULE 2
Indicative list of the main pollutants
1.Organohalogen compounds and substances, which may form such compounds in the aquatic environment.
2.Organophosphorous compounds.
3.Organotin compounds.
4.Substances and preparations, or the breakdown products of such, which have been proved to possess carcinogenic or mutagenic properties or properties which may affect steroidogenic, thyroid, reproduction or other endocrine-related functions in or via the aquatic environment.
5.Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.
6.Cyanides.
7.Metals and their compounds.
8.Arsenic and its compounds.
9.Biocides and plant protection products.
10.Materials in suspension.
11.Substances, which contribute to eutrophication (in particular, nitrates and phosphates).
12.Substances, which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.).
SCHEDULE 3
Test procedures for assigning quantitative status to groundwater bodies
The following four tests shall be applied, where applicable, to assess groundwater body quantitative status; these are summarised below.
Table 1: Assessment for the presence of saline or other intrusions (test 1)
This is a common assessment for groundwater chemical status and groundwater quantitative status.
/images/en.si.2010.0009.0001.jpg
Table 2: Assessment of adverse impacts of groundwater abstraction on associated surface water bodies (test 2)
/images/en.si.2010.0009.0002.jpg
Table 3: Assessment of adverse impacts of groundwater abstraction on groundwater dependent terrestrial ecosystems (wetlands) included in the register of protected areas established under Regulation 8 of the 2003 Regulations (test 3)
/images/en.si.2010.0009.0003.jpg
Table 4: Assessment of water balance in a groundwater body (test 4)
/images/en.si.2010.0009.0004.jpg
SCHEDULE 4
Groundwater Quality Standards
1. For the purposes of assessing groundwater chemical status in accordance with Regulations 39 to 43, the following groundwater quality standards will be the quality standards referred to in Regulation 40(a) and established in accordance with Article 17 of Directive 2000/60/EC.
/images/en.si.2010.0009.0005.jpg
2. The results of the application of the quality standards for pesticides in the manner specified for the purposes of this Directive will be without prejudice to the results of the risk assessment procedures required by Directive 91/414/EEC or Directive 98/8/EC.
3. Where, for a given body of groundwater, it is considered that the groundwater quality standards could result in failure to achieve the environmental objectives specified in the Article 4 of Directive 2000/60/EC, for associated bodies of surface water, or in any significant diminution of the ecological or chemical quality of such bodies, or in any significant damage to terrestrial ecosystems which depend directly on the body of groundwater, more stringent threshold values will be established by the Agency in accordance with Regulations 48 to 52 of these Regulations. Programmes and measures required in relation to such a threshold value will also apply to activities falling within the scope of the 2009 Regulations.
SCHEDULE 5
Groundwater Threshold Values
/images/en.si.2010.0009.0006.jpg
Notes
1 “Threshold values” have been established for pollutants that are causing a risk to groundwater bodies. Exceedance of a relevant threshold value at a representative monitoring point triggers further investigation to confirm whether the criteria for poor groundwater chemical status are being met. If the criteria for poor chemical status are being met by one or more of the test procedures in Schedule 7, then a body or a group of bodies of groundwater is classified as being at poor chemical status.
Threshold values are expressed as annual arithmetic mean concentrations.
2 For the drinking water test, further investigation includes an assessment of significant and sustained upward trends in concentration of the relevant pollutant at the monitoring point.
3 For the general chemical test, further investigation includes the aggregation of data from a representative group of monitoring points, comparison of the aggregated annual arithmetic mean concentration of the relevant pollutant with the threshold value and confirmation of significant impairment of the groundwater body’s ability to support human uses.
SCHEDULE 6
Rules for establishing threshold values for groundwater pollutants and indicators of pollution
Part A Guidelines for the establishment of threshold values by Member States in accordance with Regulations 48 to 52 of these Regulations
Where the Agency identifies additional pollutants and indicators of pollution which, pursuant to the characterisation performed in accordance with Article 5 of Directive 2000/60/EC, characterise bodies or groups of bodies of groundwater as being at risk of failing to achieve good groundwater chemical status, the Agency will establish additional threshold values for those additional pollutants and indicators of pollution.
Threshold values will be established in such a way that, should the monitoring results at a representative monitoring point exceed the thresholds, this will indicate a risk that one or more of the conditions for good groundwater chemical status referred to in Article 4(2)(c)(ii), (iii) and (iv) of Directive 2006/118/EC are not being met.
When establishing threshold values, the Agency will consider the following guidelines:
1) the determination of threshold values should be based on:
(a) the extent of interactions between groundwater and associated aquatic and dependent terrestrial ecosystems;
(b) the interference with actual or potential legitimate uses or functions of groundwater;
(c) all pollutants which characterise bodies of groundwater as being at risk, taking into account the minimum list set out in Part B;
(d) hydro-geological characteristics including information on background levels and water balance.
2) the determination of threshold values should also take account of the origins of the pollutants, their possible natural occurrence, their toxicology and dispersion tendency, their persistence and their bioaccumulation potential.
3) wherever elevated background levels of substances or ions or their indicators occur due to natural hydro-geological reasons, these background levels in the relevant body of groundwater shall be taken into account when establishing threshold values.
4) the determination of threshold values should be supported by a control mechanism for the data collected, based on an evaluation of data quality, analytical considerations, and background levels for substances which may occur both naturally and as a result of human activities.
Part B Minimum list of pollutants and their indicators for which the Agency must consider when establishing threshold values in accordance with Regulations 48 to 52 of these Regulations
1) Substances or ions or indicators which may occur both naturally and/or as a result of human activities:
Arsenic
Cadmium
Lead
Mercury
Ammonium
Chloride
Sulphate
2) Man-made synthetic substances:
Trichloroethylene
Tetrachloroethylene
3) Parameters indicative of saline or other intrusions ( 1 ):
1 With regard to saline concentrations resulting from human activities, the Agency may decide to establish threshold values either for sulphate and chloride or for conductivity.
Conductivity
Part C Information to be provided by the Agency with regard to the pollutants and their indicators for which threshold values have been established
The Agency shall provide to the Minister and the coordinating local authority of each river basin district a summary of the way the procedure set out in Part A of this Schedule has been followed for inclusion in the river basin management plans to be submitted in accordance with Regulation 13 of the 2003 Regulations.
In particular, the Agency will provide, where feasible:
(a) information on the number of bodies or groups of bodies of groundwater characterised as being at risk and on the pollutants and indicators of pollution which contribute to this classification, including the observed concentrations/values;
(b) information on each of the bodies of groundwater characterised as being at risk, in particular the size of the bodies, the relationship between the bodies of groundwater and the associated surface waters and directly dependent terrestrial ecosystems, and, in the case of naturally-occurring substances, the natural background levels in the bodies of groundwater;
(c) the threshold values, whether they apply at the national level, at the level of the river basin district or the part of the international river basin district falling within the territory of Ireland, or at the level of a body or a group of bodies of groundwater;
(d) the relationship between the threshold values and:
(i) in the case of naturally-occurring substances, the observed background levels,
(ii) the environmental quality objectives and other standards for water protection that exist at national, Community or international level, and
(iii) any relevant information concerning the toxicology, eco-toxicology, persistence, bioaccumulation potential, and dispersion tendency of the pollutants.
SCHEDULE 7
Test procedures for assigning chemical status to groundwater bodies
The following five tests shall be applied, where applicable, to assess groundwater body chemical status; these are summarised below.
Table 1: Assessment for the presence of saline or other intrusions (test 1)
This is a common assessment for groundwater chemical status and groundwater quantitative status.
/images/en.si.2010.0009.0007.jpg
Table 2: Assessment of adverse impacts of the chemical inputs from groundwater on associated surface water bodies (test 2)
/images/en.si.2010.0009.0008.jpg
Table 3: Assessment of adverse impacts of groundwater on groundwater dependent terrestrial ecosystems (wetlands) included in the register of protected areas established under Regulation 8 of the 2003 Regulations (test 3)
/images/en.si.2010.0009.0009.jpg
Table 4: Assessment of whether the quality of untreated groundwater satisfies the drinking water protected areas requirements (test 4)
/images/en.si.2010.0009.0010.jpg
Table 5: Assessment of the general quality of groundwater in the body in terms of whether its ability to support human uses has been significantly impaired by pollution (test 5)
/images/en.si.2010.0009.0011.jpg
SCHEDULE 8 Identification and reversal of significant and sustained upward trends
Part A Identification of significant and sustained upward trends
The Agency will identify significant and sustained upward trends in all bodies or groups of bodies of groundwater that are characterised as being at risk in accordance with Regulation 7 of the 2003 Regulations, taking into account the following requirements:
1) in accordance with Regulation 10 of the 2003 Regulations, the monitoring programme will be so designed as to detect significant and sustained upward trends in concentrations of the pollutants identified pursuant to Regulation 40 of these Regulations;
2) the procedure for the identification of significant and sustained upward trends will be based on the following elements:
(a) monitoring frequencies and monitoring locations will be selected such as are sufficient to:
(i) provide the information necessary to ensure that such upward trends can be distinguished from natural variation with an adequate level of confidence and precision,
(ii) enable such upward trends to be identified in sufficient time to allow measures to be implemented in order to prevent, or at least mitigate as far as practicable, environmentally significant detrimental changes in groundwater quality. This identification will be carried out as soon as possible, and will take into account existing data, in the context of the report on trend identification within the first river basin management plan referred to in Regulation 13 of the 2003 Regulations, and at least every six years thereafter,
(iii) take into account the physical and chemical temporal characteristics of the body of groundwater, including groundwater flow conditions and recharge rates and percolation time through soil or subsoil;
(b) the methods of monitoring and analysis used will conform to international quality control principles, including, if relevant, CEN or national standardised methods, to ensure equivalent scientific quality and comparability of the data provided;
(c) the assessment will be based on a statistical method, such as regression analysis, for trend analysis in time series of individual monitoring points;
(d) in order to avoid bias in trend identification, all measurements below the quantification limit will be set to half of the value of the highest quantification limit occurring in time series, except for total pesticides;
3) the identification of significant and sustained upward trends in the concentrations of substances which occur both naturally and as a result of human activities will consider the baseline levels and, where such data are available, the data collected before the start of the monitoring programme in order to report on trend identification within the first river basin management plan referred to in Regulation 13 of the 2003 Regulations.
Part B Starting points for trend reversals
The relevant public authorities, in the context of their functions, will reverse identified significant and sustained upward trends, in accordance with Regulations 53 to 56 of these Regulations, taking into account the following requirements:
1) the starting point for implementing measures to reverse significant and sustained upward trends will be when the concentration of the pollutant reaches 75% of the parametric values of the groundwater quality standards set out in Schedule 4 of these Regulations and of the threshold values set out in Schedule 5 of these Regulations, unless:
(a) an earlier starting point is required to enable trend reversal measures to prevent most cost-effectively, or at least mitigate as far as possible, any environmentally significant detrimental changes in groundwater quality;
(b) a different starting point is justified where the detection limit does not allow for establishing the presence of a trend at 75% of the parametric values; or
(c) the rate of increase and the reversibility of the trend are such that a later starting point for trend reversal measures would still enable such measures to prevent most cost-effectively, or at least mitigate as far as possible, any environmentally significant detrimental changes in groundwater quality. Such later starting point may not lead to any delay in achieving the deadline for the environmental objectives.
For activities falling within the scope of the 2009 Regulations, the starting point for implementing measures to reverse significant and sustained upward trends will be established in accordance with those Regulations and with the 2003 Regulations and, in particular, adhering to environmental objectives for water protection as set out in Regulation 12 of the 2003 Regulations, and as amended by the 2008 Regulations;
2) once a starting point has been established for a body of groundwater characterised as being at risk in accordance with Regulation 7 of the 2003 Regulations and pursuant to point 1 above, it will not be changed during the six-year cycle of the river basin management plan required in accordance with Regulation 13 of the 2003 Regulations;
3) trend reversals will be demonstrated, taking into account relevant monitoring provisions contained in Part A, point 2.
/images/ls
GIVEN under my Official Seal,
20th January 2010.
JOHN GORMLEY,
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations establish a new strengthened regime for the protection of groundwater by giving effect to the measures needed to achieve the environmental objectives established for groundwater by Directive 2000/60/EC and by giving effect to the requirements of Directive 2006/118/EC. The Regulations establish clear environmental objectives to be achieved in groundwater bodies within specified timeframes and introduce the legal basis for a more flexible, proportionate and risk-based approach to implementing the legal obligation to prevent or limit inputs of pollutants into groundwater, which already exists under Directive 80/68/EEC. Measures for this purpose include the following:
•measures to prevent or limit the input of pollutants into groundwater and to prevent the deterioration of the status of all bodies of groundwater
S.I. No. 231/2010 –
Waste Water Discharge (Authorisation) (Amendment) Regulations 2010.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 28th May, 2010.
I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3(3) of the European Communities Act 1972 (as inserted by Section 2 of the European Communities Act 2007 ), consider it necessary for the purpose of giving full effect to Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community 1 and Directive 2000/60/EC of the European Council of 23 October 2000 establishing a framework for Community action in the field of water policy 2 , hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Waste Water Discharge (Authorisation) (Amendment) Regulations 2010.
Definitions
2. In these Regulations—
“the 2007 Regulations” means the Waste Water Discharge (Authorisation) Regulations 2007.
Amendment of Regulation 5 of the 2007 Regulations
3. Regulation 5 (2) of the 2007 Regulations is amended by substituting 2011 for 2010.
/images/ls
GIVEN under my Official Seal,
24 May 2010.
JOHN GORMLEY,
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
S.I. No. 351/2011 –
Bathing Water Quality (Amendment) Regulations 2011.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20001 and Directive 2006/7/EC of 15 February 20062 , hereby make the following regulations:
Citation
1. These Regulations may be cited as the Bathing Water Quality (Amendment) Regulations 2011.
Interpretation
2. In these Regulations “the 2008 Regulations” means the Bathing Water Quality Regulations 2008 ( S.I. No. 79 of 2008 ).
Amendment of Regulation 11 of the 2008 Regulations
3. Regulation 11 of the 2008 Regulations is hereby amended by the insertion of the following subparagraph after subparagraph (4):
‘(5) Paragraph (4) shall only apply where the sets of bathing water data used to carry out bathing water quality assessments comprise of at least 16 samples or, in the case of bathing waters situated in a region subject to special geographical constraints, 12 samples.’
/images/ls
GIVEN under my Official Seal,
5 July 2011.
PHIL HOGAN,
Minister for the Environment, Community and Local Government
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation).
This Regulation defines further the minimum number of bathing water samples required to carry out a bathing water quality assessment. The Regulation gives further effect to Council Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 and Directive 2006/7/EC of 15 February 2006, on the quality of bathing waters and amends Statutory Instrument No. 79 of 2008.
1 OJ L 327, 22.12.2000. p.1
2 OJ L 64, 4.3.2006. p.37
S.I. No. 389/2011 –
European Communities Environmental Objectives (Groundwater) (Amendment) Regulations 2011.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Article 32 of Council Directive 2009/31/EC of the European Parliament and of the Council of 23 April 20091 on the geological storage of carbon dioxide hereby make the following Regulations:
1. These Regulations may be cited as the European Communities Environmental Objectives (Groundwater) (Amendment) Regulations 2011.
2. In these Regulations—
“the 2010 Regulations” means the European Communities Environmental Objectives (Groundwater) Regulations 2010 ( S.I. No. 9 of 2010 ).
3. Regulation 8(b) of the 2010 Regulations is hereby amended by the insertion after subparagraph (iii) of the following—
“(iii)(A) injection of carbon dioxide streams for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes, provided that such injection is made in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide1 or excluded from the scope of that Directive pursuant to its Article 2(2).”
/images/ls
GIVEN under my Official Seal,
15 July 2011.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Communities Environmental Objectives (Groundwater) Regulations 2010 ( S.I. No. 9 of 2010 ).
The purpose of this amendment is to facilitate the possibility of Carbon Capture and Storage following the transposition of Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide.
1 OJ L140, 5.6.2009, p.114
S.I. No. 489/2011 –
European Communities (Technical Specifications for the Chemical Analysis and Monitoring of Water Status) Regulations, 2011.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Directive 2009/90/EC1 of 31 July 2009, hereby make the following Regulations:
Citation, commencement and application
1. These Regulations may be cited as the European Communities (Technical Specifications for the Chemical Analysis and Monitoring of Water Status) Regulations, 2011.
2. These Regulations shall come into effect on 27th September 2011, save as is otherwise provided in relation to any particular provision.
Interpretation
3. (1) In these Regulations—
“the 2003 Regulations” means the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 );
“the Agency” means the Environmental Protection Agency;
“the Directive” means Commission Directive 2009/90/EC of 31 July 2009, unless otherwise specified;
“Directive 2000/60/EC” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20002 ;
“limit of detection” means the output signal or concentration value above which it can be affirmed, with a stated level of confidence that a sample is different from a blank sample containing no determinand of interest;
“limit of quantification” means a stated multiple of the limit of detection at a concentration of the determinand that can reasonably be determined with an acceptable level of accuracy and precision. The limit of quantification can be calculated using an appropriate standard or sample, and may be obtained from the lowest calibration point on the calibration curve, excluding the blank;
“relevant public authorities” means the authorities and other public bodies listed in the First Schedule of the European Communities (Water Policy) Regulations, 2003 ( S.I. No. 722 of 2003 ) which have been assigned a duty of monitoring under a programme of monitoring prepared pursuant to Regulation 10 of those regulations;
“uncertainty of measurement” means a non-negative parameter characterising the dispersion of the quantity values being attributed to a measurand, based on the information used.
(2) A word or expression that is used in these Regulations and is also used in Commission Directive 2009/90/EC has, unless the contrary intention appears, the same meaning in these Regulations as it has in that Directive.
Purpose and scope of the Regulations
4. These Regulations lay down technical specifications for chemical analysis and monitoring of water status in accordance with Article 8(3) of Directive 2000/60/EC. They establish minimum performance criteria for methods of analysis to be applied by public authorities assigned a duty of monitoring by the Agency under Regulation 10 of the 2003 Regulations when monitoring water status, sediment and biota, as well as rules for demonstrating the quality of analytical results.
Methods of analysis
5. The Agency and the relevant public authorities assigned a duty of monitoring under a programme of monitoring prepared pursuant to Regulation 10 of the 2003 Regulations shall ensure that all methods of analysis, including laboratory, field and on-line methods, used for the purposes of chemical monitoring programmes carried out under Directive 2000/60/EC are validated and documented in accordance with EN ISO/IEC-17025 standard or other equivalent standards accepted at international level.
Minimum performance criteria for methods of analysis
6. The Agency and the relevant public authorities assigned a duty of monitoring under a programme of monitoring prepared pursuant to Regulation 10 of the 2003 Regulations shall ensure that the minimum performance criteria for all methods of analysis applied are based on an uncertainty of measurement of 50 % or below (k = 2) estimated at the level of relevant environmental quality standards and a limit of quantification equal or below a value of 30 % of the relevant environmental quality standards.
7. In the absence of a relevant environmental quality standard for a given parameter, or in the absence of a method of analysis meeting the minimum performance criteria set out in Regulation 6, the Agency and the relevant public authorities shall ensure that monitoring is carried out using best available techniques not entailing excessive costs.
Calculation of mean values
8. (1) In all methods of analysis for the purposes of the Directive, as well as for the purpose of classifying water status as assigned by the 2003 Regulations, the Agency and the relevant public authorities shall ensure that;
(a) where the amounts of physico-chemical or chemical measurands in a given sample are below the limit of quantification, the measurement results shall be set to half of the value of the limit of quantification concerned for the calculation of mean values;
(b) where a calculated mean value of the measurement results referred to in subparagraph (a) is below the limits of quantification, the value shall be referred to as “less than limit of quantification”.
(2) Subparagraph (a) shall not apply to measurands that are total sums of a given group of physico-chemical parameters or chemical measurands, including their relevant metabolites, degradation and reaction products. In those cases, results below the limit of quantification of the individual substances shall be set to zero.
Quality assurance and control
9. Laboratories, or parties contracted by laboratories carrying out analyses for the purpose of Regulation 10 of the 2003 Regulations, shall apply quality management system practices in accordance with ISO/IEC-17025 or other equivalent standards accepted at international level.
10. Laboratories or parties contracted by laboratories shall demonstrate their competences in analysing relevant physico-chemical or chemical measurands by;
(a) participation in proficiency testing programmes covering the methods of analysis referred to in Regulation 5 of measurands at levels of concentrations that are representative of chemical monitoring programmes carried out pursuant to Regulation 10 of the 2003 Regulations, and,
(b) analysis of available reference materials that are representative of collected samples which contain appropriate levels of concentrations in relation to relevant environmental quality standards referred to in Regulation 6.
11. (1) The proficiency testing programmes referred to in Regulation 10 shall be organised by accredited organisations or internationally or nationally recognised organisations which meet the requirements of ISO/IEC Guide 43-1 or of other equivalent standards accepted at international level.
(2) The results of participation in those programmes shall be evaluated on the basis of the scoring systems set out in ISO/IEC Guide 43-1 or in the ISO-13528 standard or in other equivalent standards accepted at international level.
Guidance on implementation
12. The Agency may, where it considers it necessary, prepare and publish technical guidance on the application of these Regulations, taking account of relevant EU guidance.
/images/ls
GIVEN under my Official Seal,
27 September 2011.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These regulations transpose European Commission Directive 2009/90/EC, on quality control and quality assurance of water sampling and analysis, into Irish law. They lay down rules and procedures for laboratories testing water samples for water quality in pursuance of requirements under the Water Framework Directive3 . Specifically, the regulations require authorities charged with testing/analysis of water samples to conform with standards of the International Standards Organisation, or equivalent. They also lay down minimum performance criteria for methods of analysis.
3 Directive 2000/60/EC of the European Parliament and the Council
1 OJ No. L201/36, 01.08.2009
2 OJ No. L327/1, 22.12.2000
3 Directive 2000/60/EC of the European Parliament and the Council
These Regulations provide that a water services authority must obtain certification from the EPA for waste water discharges from a waste water works serving a population equivalent of less than 500 with effect from 22 June 2011.
1 OJ No. L64, 4.3.2006
2 OJ No. L 327, 22.12.2000
•measures to protect, enhance and restore all bodies of groundwater and to ensure a balance between abstraction and recharge of groundwater, with the aim of achieving good groundwater within a particular timeframe
•measures requiring the reversal of any significant and sustained upward trend in the concentration of any pollutant resulting from the impact of human activity in order to progressively reduce pollution of groundwater
•measures for determining groundwater quantitative and chemical status
•measures establishing procedures for the identification of significant and sustained upward trends and the definition of the starting point for trend reversal
•the laying down of rules for the presentation and reporting of groundwater monitoring results, trend assessments and the classification of quantitative status and chemical status of groundwater bodies
These Regulations revoke the Local Government (Water Pollution) (Amendment) Regulations 1999 ( S.I. No. 42 of 1999 ) from 2013.
1 OJ No. L. 327, 22.12.2000, p.1.
2 OJ No. L. 372, 27.12.2006, p.19.
1 With regard to saline concentrations resulting from human activities, the Agency may decide to establish threshold values either for sulphate and chloride or for conductivity.
S.I. No. 149/2012 –
European Communities Environmental Objectives (Groundwater) (Amendment) Regulations 2012.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Directive 2000/60/EC1 of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and giving further effect to Directive 2006/118/EC2 of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration hereby make the following Regulations:
1. These Regulations may be cited as the European Communities Environmental Objectives (Groundwater) (Amendment) Regulations 2012.
2. In these Regulations—
“the 2010 Regulations” means the European Communities Environmental Objectives (Groundwater) Regulations 2010 ( S.I. No. 9 of 2010 );
Amendment of Regulation 4 of the 2010 Regulations
3. The opening paragraph of Regulation 4 of the 2010 Regulations is hereby replaced by the following:
“A public authority shall, in so far as its functions allow, comply with the requirements of these regulations and take all reasonable steps including, where necessary, the implementation of programmes of measures, to:”
Amendment of Regulation 9 of the 2010 Regulations
4. (1) The first sentence of Regulation 9 of the 2010 Regulations is hereby replaced by the following:
“In order to achieve the objective of preventing and limiting inputs of pollutants into groundwater, established in accordance with Regulation 4 (a) of these Regulations and in relation to the programme of measures established in accordance with Article 12(1)(b) of the 2003 Regulations, the following shall apply: ”
(2) Paragraph (b) of Regulation 9 is hereby amended by the insertion of the following after the words “pollutants in groundwater.”:
“Measures established for this purpose under Article 12(1)(b) of the 2003 Regulations shall take account, at least, of established best practice, including the Best Environmental Practice and Best Available Techniques specified in the relevant Community legislation.”
Amendment of Regulation 10 of the 2010 Regulations
5. Regulation 10 of the 2010 Regulations is hereby amended by the substitution of the word “shall” for the word “may”.
Amendment of Regulation 32 of the 2010 Regulations
6. Regulation 32 of the 2010 Regulations is hereby amended as follows—
by the deletion of paragraph (e) and its replacement as follows—
“(e) provide, for inclusion in the river basin management plan, a map showing monitoring points where threshold values have been exceeded;”
and by the insertion of a new paragraph after paragraph (e) as follows:
“(f) prepare the information specified in paragraphs (a) to (e) in a form which is available for introduction into a geographical information system (GIS) and/or the geographical information system of the European Commission (GISCO).”
Amendment of Regulation 39 of the 2010 Regulations
7. Regulation 39 of the 2010 Regulations is hereby amended by the insertion of the following after the words “established for the purposes of Regulation 10 of the 2003 Regulations”:
“and any other relevant information including a comparison of the annual arithmetic mean concentration of the relevant pollutants at a monitoring point with the groundwater quality standards set out in Schedule 4 and threshold values set out in Schedule 5.”
Amendment of Regulation 41 of the 2010 Regulations
8. Regulation 41 of the 2010 Regulations is hereby amended by the insertion after the words “to achieve good groundwater chemical status” of the following:
“and where monitoring demonstrates that the conditions set out in Table 2.3.2 of Annex V to Directive 2000/60/EC are being met”.
Amendment of Regulation 43 of the 2010 Regulations
9. Regulation 43 of the 2010 Regulations is hereby deleted and replaced with the following:
“43.The Agency shall assign chemical status to bodies of groundwater characterised as being at risk based on the following procedures. The procedures shall apply in relation to each of the pollutants which contribute to a water body being characterised as being at risk:
(a) Where the values for the groundwater quality standards listed in Schedule 4 and the relevant threshold values listed in Schedule 5 are not exceeded at any monitoring point in a body or group of bodies of groundwater, then the Agency shall classify that body or group of bodies of groundwater as being at good chemical status; or
(b) Where the value of a groundwater quality standard listed in Schedule 4 or a relevant threshold value listed in Schedule 5 is exceeded at one or more monitoring points in a body or group of bodies of groundwater, then the Agency shall carry out an appropriate investigation, on the basis of a suitable conceptual model, in accordance with the relevant test procedures described in Schedule 7, to determine whether or not the criteria for poor chemical status are met. The appropriate tests to be applied shall be determined by the Agency depending on the risks posed to the groundwater body. On the basis of the appropriate investigation the Agency shall classify a body or group of bodies of groundwater as follows:
(i) Where the criteria for poor chemical status are not met by the appropriate test procedures in Schedule 7, then the Agency shall classify a body or a group of bodies of groundwater as being at good chemical status,
(ii) Where the criteria for poor chemical status are met by one or more of the test procedures in Schedule 7, then the Agency shall classify a body or a group of bodies of groundwater as being at poor chemical status.”
Amendment of Regulation 44 of the 2010 Regulations
10. Regulation 44 of the 2010 Regulations is hereby deleted and replaced with the following:
“44. If a body of groundwater is classified as being of good chemical status in accordance with Regulation 43 (b)(i), the Agency shall make recommendations or give directions, as it considers appropriate, to the relevant public authorities, in the context of their respective functions, regarding the measures it considers necessary, in accordance with Regulation 12(1)(b) of the 2003 Regulations, to protect aquatic ecosystems, terrestrial ecosystems and human uses of groundwater dependent on the part of the body of groundwater represented by the monitoring point or points at which the value for groundwater quality standard or threshold value has been exceeded. A public authority shall comply with any such recommendation or direction given by the Agency.”
Amendment of Regulation 48 of the 2010 Regulations
11. Regulation 48 of the 2010 Regulations is hereby amended by the substitution of the word “shall” for the words “may” and “can”.
Amendment of Regulation 54 of the 2010 Regulations
12. Regulation 54 of the 2010 Regulations is hereby amended by the substitution of the word “shall” for the word “may” and the insertion of the following after the words “Part B.”:
“A public authority shall comply with any such direction given by the Agency.”
Amendment of Regulation 59 of the 2010 Regulations
13. Regulation 59 of the 2010 Regulations is hereby amended by the substitution of the words “summary results” for the words “the results” in paragraph (d).
Amendment of Schedule 7 of the Regulations
14. The title of Table 5 in Schedule 7 to the Regulations is hereby deleted and replaced with the following:
“Assessment of the general quality of groundwater in the groundwater body as a whole (test 5)”
/images/ls
GIVEN under my Official Seal
14 May 2012.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation).
These Regulations amend the European Communities Environmental Objectives (Groundwater) Regulations, 2010 ( S.I. No. 9 of 2010 ).
The amendments to Regulations 4, 9, 10, 41, 43, 44, 48, 54 and Table 5 of Schedule 7 are technical amendments that clarify the transposition of Council Directive 2006/118/EC. The amendments to Regulations 9(b) 32, 39, 59 address minor errors in the principal Regulations.
1 OJ No. L.327, 22.12.2000, p.1.
2 OJ No. L. 372,27.12.2006, p.19.
S.I. No. 327/2012 –
European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2012.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2006/11/EC1 of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, Directive 2000/60/EC2 of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, and Directive 2008/105/EC3 of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council hereby make the following Regulations:
1. These Regulations may be cited as the European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2012.
2. In these Regulations—
“the 2009 Regulations” means the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 ).
3. The 2009 Regulations are amended as follows—
(1) by replacing the opening paragraph of Regulation 4 with the following:
“A public authority shall, in so far as its functions allow, comply with the requirements of these Regulations and take all reasonable steps including, where necessary, the implementation of programmes of measures to:” and
(2) by the deletion of the phrase “in so far as its functions allow” in Regulation 4(a).
4. Regulation 56 of the 2009 Regulations is amended by the substitution of the words “22 December 2013” for the words “22 June 2011”.
5. Regulation 59 of the 2009 Regulations is amended by the substitution of the words “22 June 2014” for the words “22 June 2012”.
6. Regulation 70 of the 2009 Regulations is replaced by:
“The Local Government (Water Pollution) Act 1977 (Water Quality Standards for Phosphorus) Regulations 1998 ( S.I. No. 258 of 1998 ), the Water Quality (Dangerous Substances) Regulations 2001 ( S.I. No. 12 of 2001 ) and the European Communities (Quality of Water Intended for Human Consumption) Regulations 1989 ( S.I. No. 294 of 1989 ) are hereby revoked.”
7. Table 11 and associated footnotes of Schedule 6 to the 2009 Regulations are deleted and replaced by the following:
Table 11
The environmental quality standards for priority substances and certain other pollutants to apply for the purpose of assigning chemical status
With the exception of cadmium, lead, mercury and nickel (hereinafter “metals”) the EQS values in tables 11 and 12 are expressed as total concentrations in the whole water sample. In the case of metals the EQS refers to the dissolved concentration, i.e. the dissolved fraction of a water sample obtained by filtration through a 0.45 µm filter or any equivalent pre-treatment.
Priority Substances
AA: annual average(1)
MAC: maximum allowable concentration
Unit: [µg/l]
(1)
(2)
(3)
(4)
(5)
(6)
(7)
No.
Name of substance
Chemical Abstracts Service number
AA-EQS(2)
Inland surface waters(3)
AA-EQS(2)
Other surface waters
MAC-EQS(4)
Inland surface waters(3)
MAC-EQS(4)
Other surface waters
(1)
Alachlor
15972-60-8
0.3
0.3
0.7
0.7
(2)
Atrazine
1912-24-9
0.6
0.6
2.0
2.0
(3)
Benzene
71-43-2
10
8
50
50
(4)
Carbon-tetrachloride(5)
56-23-5
12
12
not applicable
not applicable
(5)
Chlorfenvinphos
470-90-6
0.1
0.1
0.3
0.3
(6)
Chlorpyrifos (Chlorpyrifos-ethyl)
2921-88-2
0.03
0.03
0.1
0.1
(7a)
Cyclodiene pesticides:
Aldrin(5)
Dieldrin(5)
Endrin(5)
Isodrin(5)
309-00-2
60-57-1
72-20-8
465-73-6
Σ=0.01
Σ=0.005
not applicable
not applicable
(7b)
DDT total(5),(6)
not applicable
0.025
0.025
not applicable
not applicable
para-para-DDT(5)
50-29-3
0.01
0.01
not applicable
not applicable
(8)
1,2-Dichloroethane
107-06-2
10
10
not applicable
not applicable
(9)
Dichloromethane
75-09-2
20
20
not applicable
not applicable
(10)
Di(2-ethylhexyl)-phthalate (DEHP)
117-81-7
1.3
1.3
not applicable
not applicable
(11)
Diuron
330-54-1
0.2
0.2
1.8
1.8
(12)
Fluoranthene
206-44-0
0.1
0.1
1
1
(13)
Isoproturon
34123-59-6
0.3
0.3
1.0
1.0
(14)
Lead and its compounds
7439-92-1
7.2
7.2
not applicable
not applicable
(15)
Naphthalene
91-20-3
2.4
1.2
not applicable
not applicable
(16)
Nickel and its compounds
7440-02-0
20
20
not applicable
not applicable
(17)
Octylphenol((4-(1,1’,3,3’-tetramethylbutyl)-phenol))
140-66-9
0.1
0.01
not applicable
not applicable
(18)
Pentachloro-phenol
87-86-5
0. 4
0. 4
1
1
(19)
Simazine
122-34-9
1
1
4
4
(20a)
Tetrachloro-ethylene(5)
127-18-4
10
10
not applicable
not applicable
(20b)
Trichloro-ethylene(5)
79-01-6
10
10
not applicable
not applicable
(21)
Trichloro-benzenes
12002-48-1
0. 4
0. 4
not applicable
not applicable
(22)
Trichloro-methane
67-66-3
2. 5
2. 5
not applicable
not applicable
(23)
Trifluralin
1582-09-8
0. 03
0. 03
not applicable
not applicable
(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications to be adopted for chemical monitoring and quality of analytical results in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
(2) This parameter is the Environmental Quality Standard expressed as an annual average value (AA-EQS). Unless otherwise specified, it applies to the total concentration of all isomers.
(3) Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.
(4) This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (MAC-EQS). Where the MAC-EQS are marked as “not applicable”, the AA-EQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on the basis of acute toxicity.
(5) This substance is not a priority substance but one of the other pollutants for which the EQS are identical to those laid down in community legislation that applied prior to Directive 2008/105/EC of the European Parliament and Council on environmental quality standards in the field of water policy.
(6) DDT total comprises the sum of the isomers 1,1,1-trichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 50-29-3; EU number 200-024-3); 1,1,1-trichloro-2 (o-chlorophenyl)-2-(p-chlorophenyl) ethane (CAS number 789-02-6; EU number 212-332-5); 1,1-dichloro-2,2 bis (p-chlorophenyl) ethylene (CAS number 72- 55-9; EU number 200-784-6); and 1,1-dichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 72-54-8; EU number 200-783-0).
8. Table 12 and associated footnotes of Schedule 6 to the 2009 Regulations are deleted and replaced by the following:
Table 12
The environmental quality standards for priority hazardous substances to apply for the purpose of assigning chemical status
Priority Hazardous Substances
AA: annual average(1)
MAC: maximum allowable concentration
Unit: [µg/l]
[µg/kg wet weight] for column (8)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
No.
Name of substance
Chemical Abstracts Service number
AA-EQS(2)
Inland surface waters(3)
AA-EQS(2)
Other surface waters
MAC-EQS(4)
Inland surface waters(3)
MAC-EQS(4)
Other surface waters
EQS Biota(8)
(1)
Anthracene
120-12-7
0.1
0.1
0.4
0.4
not applicable
(2)
Brominated diphenylether(5)
32534-81-9
0.0005
0.0002
not applicable
not applicable
not applicable
(3)
Cadmium and its compounds
(depending on water hardness classes)(6)
7440-43-9
≤ 0.08 (Class 1)
0.08 (Class 2)
0.09 (Class 3)
0.15 (Class 4)
0.25 (Class 5)
0.2
≤ 0.45 (Class 1)
0.45 (Class 2)
0.6 (Class 3)
0.9 (Class 4)
1.5 (Class 5)
≤ 0.45 (Class 1)
0.45 (Class 2)
0.6 (Class 3)
0.9 (Class 4)
1.5 (Class 5)
not applicable
(4)
C10-13 Chloroalkanes
85535-84-8
0.4
0.4
1.4
1.4
not applicable
(5)
Endosulfan
115-29-7
0.005
0.0005
0.01
0.004
not applicable
(6)
Hexachloro-benzene
118-74-1
0.01
0.01
0.05
0.05
10
(7)
Hexachloro-butadiene
87-68-3
0.1
0.1
0.6
0.6
55
(8)
Hexachloro-cyclohexane
608-73-1
0.02
0.002
0.04
0.02
not applicable
(9)
Mercury and its compounds
7439-97-6
0.05
0.05
0.07
0.07
20
(10)
Nonylphenol (4-Nonylphenol)
104-40-5
0.3
0.3
2.0
2.0
not applicable
(11)
Pentachloro-benzene
608-93-5
0. 007
0. 0007
not applicable
not applicable
not applicable
(12)
Polyaromatic hydrocarbons (PAH)(7)
not applicable
not applicable
not applicable
not applicable
not applicable
not applicable
Benzo(a) pyrene
50-32-8
0.05
0.05
0.1
0.1
not applicable
Benzo(b) fluor-anthene
205-99-2
Σ=0.03
Σ=0.03
not applicable
not applicable
not applicable
Benzo(k) fluor-anthene
207-08-9
Benzo(g,h,i)-perylene
191-24-2
Σ=0.002
Σ=0.002
not applicable
not applicable
not applicable
Indeno(1,2,3-cd)-pyrene
193-39-5
(13)
Tributyltin compounds (Tributhyltin-cation)
36643-28-4
0. 0002
0. 0002
0. 0015
0. 0015
not applicable
(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications for chemical monitoring and quality of analytical results to be adopted in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
(2) This parameter is the Environmental Quality Standard expressed as an annual average value (AA-EQS). Unless otherwise specified, it applies to the total concentration of all isomers.
(3) Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.
(4) This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (MAC-EQS). Where the MAC-EQS are marked as “not applicable”, the AA-EQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on the basis of acute toxicity.
(5) For the group of priority substances covered by brominated diphenylethers listed in Decision 2455/2001/EC, an EQS is established only for congener numbers 28, 47, 99, 100, 153 and 154.
(6) For Cadmium and its compounds the EQS values vary dependent upon the hardness of the water as specified in five class categories (Class 1: <40 mg CaCO3/l, Class 2: 40 to <50 mg CaCO3/l, Class 3: 50 to <100 mg CaCO3/l, Class 4: 100 to <200 mg CaCO3/l and Class5:≥200 mg CaCO3/l).
(7) For the group of substances polyaromatic hydrocarbons (PAH) each individual EQS is applicable, i.e. the EQS for Benzo(a) pyrene, the EQS for the sum of Benzo(b) fluoranthene and Benzo(k) fluoranthene and the EQS for the sum of Benzo(g,h,i) perylene and Indeno(1,2,3-cd) pyrene must be met.
(8) Each EQS shall be for prey tissue (wet weight). The EPA shall choose the most appropriate indicator from among fish, molluscs, crustaceans and other biota. The EPA shall determine, for substances (6), (7) and (9), the frequency of monitoring in biota. However, monitoring shall take place at least once every year, unless technical knowledge and expert judgment justify another interval.
/images/ls
GIVEN under my Official Seal,
31 August 2012.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations amend the European Communities Environmental Objectives (Surface Waters) Regulations, 2009 ( S.I. No. 272 of 2009 ).
The purpose of these Regulations is to:
Clarify the role of public authorities in the protection of surface waters;
Include standards for the priority hazardous substances mercury, hexachlorobutadiene and hexachlorobenzene in biota found in surface water bodies;
Set limits for the priority substance Trifluralin in surface water bodies;
Amend the date by which the first inventory of priority substances is established, to align with the review of pressures scheduled for December 2013 in accordance with Article 7 of the 2009 European Communities (Water Policy) Regulations ( S.I. No. 722 of 2003 );
Amend the date, in turn, by which pollution reduction programmes for surface water bodies must be prepared and
Revoke the European Communities (Quality of Water intended for Human Consumption) Regulations 1989 ( S.I. No. 294 of 1989 ).
1 O.J. No. L64/52, 4 March 2006
2 O.J. No. L327/1, 22 December 2000
3 O.J. No. L348/84, 24 December 2008
S.I. No. 122/2014 –
European Union (Drinking Water) Regulations 2014.
ARRANGEMENT OF REGULATIONS
1. Citation.
2. Commencement.
3. Interpretation.
4. Duties of suppliers.
5. Point of compliance.
6. Duties in relation to water on premises.
7. Monitoring.
8. Records.
9. Protection of human health.
10. Remedial action.
11. Departures from standards.
12. Intervention by supervisory authority.
13. Quality of treatment, equipment and materials.
14. Information in case of exempted supplies.
15. Quality to be maintained.
16. Directions.
17. Performance verification.
18. Injunctive relief.
19. Powers of authorised persons.
20. Charges by supervisory authorities.
21. Offences by bodies corporate.
22. Prosecutions and penalties.
23. Revocation.
Schedule
Part 1
Parameters and Parametric Values
Part 2
Monitoring
Part 3
Specifications for the Analysis of Parameters
Part 4
Matters to be Specified in Grant of Departure under Regulation 11
S.I. No. 122 of 2014
EUROPEAN UNION (DRINKING WATER) REGULATIONS 2014
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 7th March, 2014.
WHEREAS, I, PHIL HOGAN, Minister for the Environment, Community and Local Government, having regard to section 3 (3) of the European Communities Act 1972 (as inserted by section 2 of the European Communities Act 2007 ) (hereinafter referred to as the Act of 1972), consider it necessary for the purpose of giving full effect to Council Directive 98/83/EC of 3 November 19981 and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20002 to make provision for offences under the following Regulations to be prosecuted on indictment:
AND WHEREAS, I consider that it is necessary, having further regard to section 3(3) of the Act of 1972, and for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following regulations are effective, proportionate and have a deterrent effect, having regard to the acts or omissions of which the offence consists, to make such provision in the following regulations:
NOW THEREFORE, I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by the European Communities Act 2007 (No. 18 of 2007) and for the purpose of giving effect to Council Directive 98/83/EC of 3 November 19981, and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20002, hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Drinking Water) Regulations 2014.
Commencement
2. These Regulations come into operation with immediate effect.
Interpretation
3. (1) In these Regulations, except where the context otherwise requires—
“the Agency” means the Environmental Protection Agency;
“authorised person” means a person appointed by Irish Water or a local authority or the Agency to be an authorised person for the purposes of these Regulations;
“the Directive” means Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption;
“CEN” means Comité Européen de Normalisation (the European Committee of Standardisation);
“domestic distribution system” means the pipework, fittings and appliances within the curtilage of a premises, which are installed between the distribution network and the taps in the premises that are normally used for the provision of water for human consumption;
“exempted supply” means a supply of water which—
(a)(i) constitutes an individual supply of less than 10 cubic metres a day on average or serves fewer than 50 persons, and
(ii) is not supplied as part of a commercial or public activity, or
(b) is used exclusively for purposes in respect of which the relevant supervisory authority is satisfied that the quality of the water has no influence, either directly or indirectly, on the health of the consumers concerned;
“ISO” means International Organisation for Standardisation;
“local authority” means—
(a) a city council, or
(b) a county council;
“Minister” means the Minister for the Environment, Community and Local Government;
“monitoring” includes auditing, inspection, measurement, sampling or analysis, whether periodic or continuous;
“owner” means, in relation to a premises, a person, other than a mortgagee not in possession, who, whether in that person’s own right or as a trustee or agent for any other person, is entitled to receive the rent of the premises or, where the premises are not let at a rent, would be so entitled if they were so let;
“parametric value” has the same meaning as it has in the Directive;
“premises” includes any building, structure or land (whether or not there are structures on the land), and any plant or related accessories on or under such land, or any hereditament of tenure, together with any outbuildings and curtilage;
“public water supply” means a water supply which is in the charge or ownership of Irish Water or any person acting jointly with it or on its behalf under a service level agreement or contract;
“supervisory authority” means—
(a) in the case of water intended for human consumption supplied by Irish Water or any person acting jointly with it or on its behalf, the Agency;
(b) in the case of water intended for human consumption supplied by any other person, the local authority in whose functional area the water is supplied, or the local authority otherwise designated under Regulation 7(3);
“water intended for human consumption” means—
(a) all water, either in its original state or after treatment, intended for drinking, cooking, food preparation or other domestic type purposes, regardless of its origin and whether it is supplied from a distribution network, from a private source or by tanker or similar means,
(b) all water used in any food production undertaking for the manufacture, processing, preservation or marketing of products or substances intended for human consumption, unless the supervisory authority is satisfied that the quality of the water cannot affect the wholesomeness of the foodstuff in its finished form,
other than—
(i) natural mineral waters, recognised as such by the responsible authority as defined in the European Communities (Natural Mineral Waters, Spring Waters and Other Waters in Bottles or Containers) Regulations 2007 ( S.I. No. 225 of 2007 ),
(ii) water supplied in bottles or containers,
(iii) waters which are medicinal products within the meaning of Council Directive 65/65/EEC of 26 January, 19653 , or
(iv) an exempted supply;
“water supplier” means any person supplying water intended for human consumption.
(2) In these Regulations—
(a) a reference to a Regulation or the Schedule which is not otherwise identified is a reference to a Regulation or the Schedule of these Regulations,
(b) a reference to a paragraph, subparagraph or clause which is not otherwise identified is a reference to a paragraph, subparagraph or clause of the Regulation in which the reference occurs, and
(c) a reference to a Schedule or part of it includes, where the context permits, any accompanying notes.
Duties of suppliers
4. (1) Subject to any departure granted under Regulation 11, a water supplier shall ensure that the water is wholesome and clean and meets the requirements of these Regulations.
(2) For the purposes of paragraph (1), water shall be regarded as wholesome and clean if—
(a) it is free from any micro-organisms and parasites and from any substances which in numbers or concentrations, constitute a potential danger to human health, and
(b) it meets the quality standards specified in Tables A and B in Part 1 of the Schedule.
Point of compliance
5. Subject to Table B in Part 2 of the Schedule, measurement of compliance with the parametric values specified in Part 1 of the Schedule shall be made in the case of—
(a) water supplied from a distribution network or a private source, at the point within a premises at which it emerges from the tap or taps that are normally used for the provision of water for human consumption;
(b) water supplied by tanker or similar means, at the point at which it emerges from it;
(c) water used in a food-production undertaking, at the point where the water is used in the undertaking.
Duties in relation to water on premises
6. (1) A water supplier shall not be in breach of its obligations under Regulation 4(1) where non-compliance is due to the domestic distribution system in a premises, or the maintenance thereof, and that distribution system is not in the charge or control of the water supplier in its capacity as a water supplier.
(2) The owner of a premises where water is supplied for human consumption as part of a commercial or public activity (including but not limited to schools, hospitals and restaurants) shall maintain the domestic distribution system of the premises in such condition that it does not cause, contribute to, or give rise to a risk of non-compliance of that water with a parametric value specified in Table A or Table B of Part 1 of the Schedule or in Table C where there is a risk to public health.
(3) Without prejudice to paragraph (4), where a non-compliance referred to in paragraph (1), or a risk of such non-compliance, is in a premises where water is supplied for human consumption as part of a commercial or public activity (including, but not limited to, schools, hospitals and restaurants) Irish Water or the relevant local authority shall ensure that appropriate action is taken promptly (whether by the owner of the premises or the water supplier, or both, as Irish Water or the relevant local authority may consider appropriate) to—
(a) immediately prevent, or restrict as Irish Water or the relevant local authority deems appropriate, the further supply of water for human consumption to the public through the domestic distribution system of the premises until the system is restored to such condition as to no longer be a cause or a risk of such non-compliance, and
(b) restore the domestic distribution system of the premises to a standard necessary for compliance with these Regulations,
and Irish Water or the relevant local authority may issue such directions as it considers necessary for this purpose.
(4) For the purposes of paragraph (3), Irish Water or the relevant local authority shall decide what action should be taken having regard to the risk to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.
(5) Where a non-compliance referred to in paragraph (1), or a risk of such non-compliance, is in a premises where water is supplied for human consumption but not as part of a commercial or public activity, Irish Water or the relevant local authority shall nevertheless ensure that—
(a)(i) appropriate measures are taken to reduce or eliminate the risk of non-compliance with the parametric value, including advising premises’ owners affected of any possible remedial action which could be taken by them, or
(ii) other measures are taken, such as application of appropriate treatment techniques, to change the nature or properties of the water before it is supplied so as to reduce or eliminate the risk of the water not complying with the parametric value after supply,
and
(b) the consumers concerned are duly informed and advised of any possible additional remedial action that should be taken by them.
(6) A person commits an offence if that person—
(a) contravenes paragraph (2), or
(b) fails to comply with a direction under paragraph (3).
Monitoring
7. (1)(a) Irish Water shall be responsible for monitoring public water supplies, with the parametric values specified in Part 1 of the Schedule.
(b) The Agency shall verify compliance of water intended for human consumption supplied by Irish Water, or any person acting jointly with it or on its behalf, with the parametric values specified in Part 1 of the Schedule.
(2) Subject to paragraph (1)(a) and paragraph (3), each local authority shall monitor compliance of water intended for human consumption supplied in its functional area by any other supplier, with the parametric values specified in Part 1 of the Schedule.
(3) Where a water supply referred to in paragraph (2) is provided within the functional area of two or more local authorities then the following applies;
(a) subject to subparagraph (b), those local authorities may decide that one of them shall perform the functions required under that paragraph in respect of that water supply;
(b) the Minister may direct those local authorities to nominate a single local authority from among themselves to perform those functions, and where the authorities fail to comply with such a direction the Minister may direct that a specified local authority shall perform them;
(c) the authority nominated under subparagraph (a), or specified under subparagraph (b) shall have such functions in regard to such supply as if it was provided solely in its functional area in the first instance;
(4)(a) For the purpose of establishing compliance with the parametric values specified in Part 1 of the Schedule and of fulfilling their respective obligations under paragraphs (1) and (2), each local authority and the Agency shall take all measures necessary to ensure that monitoring is carried out of water supplies for which it has supervisory responsibility, in accordance with any guidelines issued by the Agency under paragraph (11).
(b) Each supervisory authority shall be responsible for the enforcement of compliance with these Regulations by the water suppliers for whom it has supervisory responsibility under these Regulations.
(5) For the purposes of paragraph (4), without prejudice to paragraph (3), Irish Water and each local authority shall—
(a) specify the points at which samples shall be taken for analysis and establish a related monitoring programme in accordance with Part 2 of the Schedule, or ensure that such a monitoring programme is established in respect of every supply of water for human consumption, other than an exempted supply, in its functional area, and
(b) submit the monitoring programme referred to in subparagraph (a) to the Agency for review at such times as the Agency may direct.
(6) The Agency may direct Irish Water or a local authority to amend, in such manner as the Agency may specify, a monitoring programme submitted by Irish Water or a local authority to the Agency under paragraph (5)(b), and Irish Water or a local authority shall comply with that direction.
(7) Samples taken for the purposes of this Regulation shall be representative of the quality of the water consumed throughout the year, and shall be equally distributed through the supply.
(8) A monitoring programme established under paragraph (5) shall comply with the specifications for the analysis of parameters specified in Part 3 of the Schedule and may provide for the use of—
(a) methods of analysis other than those specified in section 1 of Part 3 of the Schedule, provided that the Agency is satisfied that the results obtained are at least as reliable as those produced by the specified methods, and
(b) any method of analysis for those parameters listed in sections 2 and 3 of Part 3 of the Schedule, provided that it meets the requirements set out therein.
(9) Where, for the purposes of paragraph (8)(a), the Agency satisfies itself that the results obtained from an alternative method of analysis are at least as reliable as those produced by the specified method, it shall forward to the Minister all relevant information concerning its comparative evaluation of the equivalent method, and the Minister shall forward the information to the Commission of the European Communities.
(10) A supervisory authority shall ensure that additional monitoring is carried out on a case-by-case basis (whether by itself or the relevant water supplier) of substances and micro-organisms for which no parametric value has been specified in Part 1 of the Schedule, if there is reason to suspect that such substances or micro-organisms may be present in amounts or numbers that constitute a potential danger to human health, and may direct a water supplier to carry out such monitoring as it considers necessary for this purpose.
(11) The Agency may issue guidelines on the manner, frequency and method by which parameters in Part 1 of the Schedule shall be monitored, and in relation to appropriate monitoring points.
(12) The Agency shall supervise the performance by Irish Water and each local authority of their monitoring functions under these Regulations, and may issue such direction to Irish Water or a local authority as it considers necessary to ensure that Irish Water or the local authority are complying with their obligations under these Regulations.
(13) Irish Water or a local authority shall comply with a direction from the Agency under paragraph (12).
(14) Irish Water or a local authority commit an offence if they fail to comply with a direction from the Agency under these Regulations.
(15) The power to apply to the High Court under Regulation 18 shall apply also to the Agency for the purposes of this Regulation.
Records
8. (1) A supervisory authority may direct a water supplier to keep such records and to submit to it, in such manner and at such times and in such circumstances as it may direct, such information as the supervisory authority may specify in relation to—
(a) the management and treatment of water intended for human consumption,
(b) the monitoring of compliance with water quality standards or other parametric values specified in Part 1 of the Schedule,
(c) corrective action taken following a non-compliance with water quality standards or other parametric values specified in Part 1 of the Schedule, or
(d) verification of the efficiency of a disinfection treatment in accordance with Regulation 13(2).
(2) Each supervisory authority shall carry out, cause to be carried out, or arrange for such monitoring as it considers necessary to verify information provided to it under paragraph (1).
(3) For the purposes of its functions under Regulation 7, each supervisory authority shall keep a register to record the details of each water supply for which it is a supervisory authority, and such register at a minimum shall record:
(a) the name and address of the water supplier,
(b) the volume of water supplied per day (expressed either in cubic metres or a population equivalent),
(c) the type of water treatment in place,
(d) the source of the water supply, and
(e) the supply zone code allocated under the Drinking Water National Monitoring Programme (as referred to in the Department of the Environment, Community and Local Government circular letter, Reference WSP11/04, dated 17th December 2004), or such code as shall be allocated subsequently by Irish Water or the relevant local authority.
(4) Irish Water and each local authority shall maintain up to date records on an ongoing basis of monitoring results in relation to each water supply that they are required to monitor under Regulation 7(1), 7(2) or 7(3).
(5) A water supplier shall, as directed by a supervisory authority, provide the supervisory authority with such details as the authority considers are necessary for it to maintain up to date the register and records referred to in paragraphs (3) and (4).
(6) A water supplier commits an offence if that person fails to comply with a direction from a supervisory authority under this Regulation.
(7) The register and records referred to in paragraphs (3) and (4) shall be kept at the principal office of Irish Water or the authority concerned, and shall be made available for inspection by any person during office hours.
(8) Where a request is made to—
(a) a supervisory authority for a copy of an entry in the register maintained by it under paragraph (3), or
(b) Irish Water or a local authority for a copy of a record maintained by it under paragraph (4),
Irish Water or the authority concerned shall issue such a copy to the applicant on, if so required, the payment by the applicant of a fee of such an amount (not exceeding the reasonable cost of making the copy) as may be determined.
(9) Subject to any guidelines that the Minister may issue for the purposes of this paragraph, in order to facilitate public access to information, Irish Water or the authorities referred to in paragraph (8) may keep a register or record (or part of it) under this Regulation in electronic format (such as on an internet website), provided that the register or record is capable of being used to make a legible copy or reproduction of any entry in it, and references in this Regulation to a copy of an entry in a register or a record shall be construed as including references to such electronic format or such legible copy or reproduction.
(10) Evidence of an entry in a register or a record may be given by production of a copy of it certified by an officer of Irish Water or the authority concerned as being a true copy.
Protection of human health
9. (1) Where Irish Water or a local authority, in consultation with the Health Service Executive, considers that a supply of water intended for human consumption constitutes a potential danger to human health, Irish Water or the authority shall, subject to agreement with the Health Service Executive, ensure that—
(a) the supply of such water is prohibited, or the use of such water is restricted, or such other action is taken as is necessary to protect human health,
(b) consumers are informed promptly thereof and given the necessary advice, and
(c) in the case of a public water supply, the Agency is informed promptly.
(2) For the purposes of paragraph (1), and subject to agreement with the Health Service Executive, where a supervisory authority is of the opinion that—
(a) non-compliance with a water quality standard or other parametric value specified in Part 1 of the Schedule, or
(b) the presence of any substance or micro-organism for which no water quality standard has been prescribed,
in water intended for human consumption, or the inefficiency of related disinfection treatment, constitutes, or may constitute, a risk to human health, the supervisory authority shall issue such direction to the relevant water supplier as it considers necessary to ensure that appropriate measures are taken for the purposes of preventing, limiting, eliminating or abating such risk, and the water supplier shall comply with such a direction.
(3) For the purposes of paragraph (2), a supervisory authority shall decide what action should be taken under this Regulation having due regard to the risks to human health that would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.
(4) The duty imposed on Irish Water or a local authority by paragraph (1) shall apply whether or not any failure to meet a parametric value specified in Part 1 of the Schedule has occurred.
(5) The Agency may issue guidelines to assist Irish Water or local authorities to fulfil their obligations under this Regulation.
(6) A water supplier commits an offence if it fails to comply with a direction from a supervisory authority under this Regulation.
(7) Irish Water commits an offence if it fails to inform the Agency in accordance with paragraph (1)(c).
Remedial action
10. (1)(a) Irish Water shall ensure that any failure to meet the parametric values specified in Part 1 of the Schedule or the detection of pathogenic micro-organisms or parasites in its water supply is immediately investigated so as to identify the cause of such failure.
(b) Each relevant local authority shall ensure that any failure to meet the parametric values specified in Part 1 of the Schedule or the detection of pathogenic micro-organisms or parasites in a water supply for which it is a supervisory authority, is immediately investigated by the relevant water supplier so as to identify the cause of such failure.
(2) For the purposes of paragraph (1), where a water supplier discovers a failure to meet the values specified in Part 1 of the Schedule or detects pathogenic micro-organisms or parasites in its water supply, that person shall notify the relevant supervisory authority for that supply in accordance with such guidelines as the Agency may issue for that purpose.
(3) A water supplier commits an offence if that person fails to notify the relevant supervisory authority in accordance with paragraph (2).
(4) Subject to Regulation 9 and paragraphs (5) and (8), where it is found, as a result of monitoring carried out for the purposes of these Regulations, that the quality of water intended for human consumption does not meet the parametric values specified in Part 1 of the Schedule, the supervisory authority shall, subject to any departures in force under these Regulations—
(a) ensure that the necessary remedial action is taken by the water supplier as soon as possible to restore the quality of the water, and may issue such directions as it considers appropriate for this purpose to the relevant water supplier;
(b) give priority to its enforcement action, having particular regard to the extent to which the relevant parametric value has been exceeded and to the potential danger to human health;
(c) unless indicated otherwise in guidelines under paragraph (8), within 14 days of receiving the monitoring results, direct a water supplier to prepare an action programme and to submit it for the approval of the supervisory authority within 60 days, and to implement such action programme for the improvement of the quality of the water so as to secure compliance with these Regulations as soon as possible and not later than—
(i)1 year from the date of approval by the supervisory authority of the action programme in relation to the water quality standards specified in Tables A and B in Part 1 of the Schedule in relation to matters that present a risk to human health, and
(ii)2 years from the date of approval by the supervisory authority of the action programme in relation to all the water quality standards specified in Table B in Part 1 of the Schedule, other than those referred to in clause (i).
(5)(a) In the event of non-compliance with the parametric values or with the specifications provided for in Table C in Part 1 of the Schedule, a supervisory authority shall consider whether or not such non-compliance poses a risk to human health.
(b) Where it is determined that such risk exists, the supervisory authority shall apply the provisions of paragraph 4(c), and the relevant water supplier shall take remedial action to restore the quality of the water within the timeframe specified in the programme.
(6) A supervisory authority may amend an action programme submitted to it under paragraph (4)(c) before approving it, and the action programme thus amended and approved shall be regarded as the action programme for the purposes of these Regulations.
(7) An action programme under this Regulation shall include such interim measures as may be appropriate, and shall have regard to the provisions of any water services strategic plan made by Irish Water or the relevant local authority.
(8) The Agency may issue guidelines in relation to the nature and timing of remedial, enforcement or other relevant action under this Regulation in specified circumstances, depending on the extent and likely consequences of a non-compliance with parametric values specified in Part 1 of the Schedule, and Irish Water and local authorities shall take such guidelines fully into account when fulfilling their obligations under paragraph (4).
(9) Where remedial action is taken in relation to a water supply, the water supplier shall ensure that consumers are informed of such action, save where the supervisory authority considers the non-compliance with the parametric value to be trivial in nature or extent.
(10) For the purposes of paragraph (1), each water supplier shall maintain a record of any incidence of failure to meet the parametric values specified in Part 1 of the Schedule, and such record shall include details of—
(a) the date of the incident,
(b) the extent and duration of the failure,
(c) the cause of the failure, and
(d) details of any complaint received arising from such failure.
(11) Records referred to in paragraph (10) shall be made available by a water supplier to a supervisory authority on request from the supervisory authority.
(12) A water supplier commits an offence if that person fails to—
(a) comply with a direction under paragraph (4),
(b) inform consumers in accordance with paragraph (9),
(c) maintain records for the purposes of paragraph (10), or
(d) make a record available to a supervisory authority on request under paragraph (11).
Departures from standards
11. (1) A departure from the parametric values specified in Table B in Part 1 of the Schedule, up to a maximum value for each such departure to be determined by the Agency, may on application by Irish Water in respect of a public water supply, or by the relevant local authority in respect of a private supply, subject to the agreement of the Health Service Executive, be granted by the Agency in relation to a water supply, provided no such departure constitutes a potential danger to human health and that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means.
(2) An application for a departure under paragraph (1) shall contain such information as may be specified by the Agency.
(3) A departure granted under paragraph (1) shall—
(a) be subject to such conditions as may be specified by the Agency,
(b) have effect for as short a period of time as possible, which shall not exceed 3 years,
(c) subject to paragraph (4), specify the matters set out in Part 4 of the Schedule, and
(d) be reviewed by the Agency prior to the end of the period of the departure so as to determine whether sufficient progress has been made in the opinion of the Agency.
(4)(a) Subject to subparagraph (b), paragraph (3) shall not apply in any case where the Agency considers that—
(i) the non-compliance with the parametric value is trivial, and
(ii) the action taken in accordance with Regulation 10(4)(a) is sufficient to remedy the problem within 30 days,
and in such a case, a departure granted under this Regulation need specify only the maximum permissible value for the parameter and the time allowed to remedy the problem.
(b) Subparagraph (a) shall not apply in the case of a water supply where failure to comply with any one parametric value in relation to that supply has occurred on more than 30 days on aggregate during the previous 12 months.
(5) The Agency may grant a second departure, which shall not exceed 3 years, up to a maximum value to be determined by the Agency and subject to the agreement of the Health Service Executive, and where it does so—
(a) the Agency shall forward the related review to the Minister, and notify him or her of the departure and the reasons for granting it;
(b) the Minister shall forward the related review and details of the reasons for granting the second departure to the Commission of the European Communities.
(6) In exceptional circumstances, the Minister may, at the request of the Agency, apply to the Commission of the European Communities for a third departure up to a maximum value determined by the Agency with the agreement of the Health Service Executive, for a period not exceeding 3 years.
(7) Where any departure, other than a departure to which paragraph (4) applies, involves an individual supply of water exceeding 1,000 cubic metres a day as an average or serving more than 5,000 people, the Agency shall immediately notify the Minister, who shall in turn notify the Commission of the European Communities within 2 months of the date of the granting of the departure, specifying the matters set out in Part 4 of the Schedule.
(8) If, Irish Water, in the case of a public supply or a relevant local authority, in the case of a private supply, is granted a departure under this Regulation, other than a departure to which paragraph (4) applies, they shall ensure that—
(a) the population affected by such departure is informed promptly in an appropriate manner of the departure and of the conditions governing it, and
(b) advice is given, where necessary, to particular population groups for which the departure could present a special risk.
Intervention by supervisory authority
12. (1) Without prejudice to Regulation 9, having exercised such of its powers under these Regulations as it considers appropriate, and having considered any information furnished to it or otherwise coming into its possession in consequence of that exercise, each supervisory authority shall, with a view to achieving satisfactory compliance of water supplied for human consumption with relevant water quality standards or other parametric values specified in Part 1 of the Schedule, do all or any of the following:
(a) issue such direction to a water supplier, as it considers necessary;
(b) provide, on such terms and conditions as may be agreed, such assistance or support as the supervisory authority considers, in consultation with the water supplier, would be helpful.
(2) Where a water supplier fails to comply with a direction issued under paragraph (1) or Regulation 9, the supervisory authority may carry out, cause to be carried out, or arrange for, such action as it considers necessary to ensure compliance with that direction, and the costs of such action may be recovered by the authority from the water supplier concerned as a simple contract debt in any court of competent jurisdiction.
Quality of treatment, equipment and materials
13. (1) Each water supplier shall take all measures necessary to ensure that no substances or materials for new installations used in the preparation or distribution of water intended for human consumption, or impurities associated with such substances or materials for new installations, remain in water intended for human consumption in concentrations higher than is necessary for the purpose of their use, and that any such substances or materials do not, either directly or indirectly, reduce the protection of human health provided for in these Regulations.
(2) Each water supplier shall take all measures necessary to ensure that, where disinfection forms part of the preparation or distribution of water intended for human consumption, the efficiency of the disinfection treatment is verified and that any contamination from disinfection by-products is kept as low as possible without compromising the disinfection, in accordance with such directions as the relevant supervisory authority may give.
(3) A supervisory authority may direct a water supplier to undertake specific measures for the purpose of compliance with paragraph (1) or (2).
(4) A water supplier commits an offence if that person fails to comply with a direction under paragraph (3).
Information in case of exempted supplies
14. (1) Each relevant local authority shall take measures, in accordance with guidelines issued by the Agency, to notify the population served by an exempted supply of—
(a) the fact that these Regulations do not apply to such supply, and
(b) action that can be taken to protect human health from the adverse effects resulting from any contamination of water intended for human consumption, and
(2) Where it is apparent to a local authority that a potential danger to human health arises from the quality of an exempted supply, it shall, in accordance with guidelines issued by the Agency, ensure that the consumers of that supply are given appropriate advice promptly.
(3) The Agency may issue guidelines for the purposes of paragraphs (1) or (2), which shall be binding.
(4) A local authority commits an offence if it fails to comply with paragraphs (1) or (2).
Quality to be maintained
15. Measures taken by a supervisory authority or a water supplier to apply the provisions of these Regulations shall in no case have the effect of allowing, directly or indirectly, either any deterioration in the existing quality of water intended for human consumption, so far as that is relevant for the protection of human health, or an increase in the pollution of waters used for the production of drinking water.
Directions
16. (1) A supervisory authority may give such directions as it considers appropriate for the purposes of its functions under these Regulations.
(2) A person commits an offence if that person fails to comply with a direction under paragraph (1).
Performance verification
17. (1) Each supervisory authority shall undertake an audit of water supplies for which it has supervisory responsibility, to ensure that the provisions of these Regulations are being complied with by the relevant water supplier.
(2) The frequency and content of the audit provided for in paragraph (1) shall be in accordance with guidelines prepared by the Agency under this Regulation.
(3) The Agency may issue guidelines for the purposes of paragraph (2), which shall be binding on all supervisory authorities.
Injunctive relief
18. (1) Where, on application by a supervisory authority to the High Court, the Court is satisfied that a person has failed to comply with a direction or a requirement of, or under, these Regulations, the Court may by order—
(a) direct the person to comply with the direction or requirement, and
(b) make such other provision, including provision in relation to the payment of costs, as the Court considers appropriate.
(2) An application for an order under this Regulation shall be by motion, and the High Court, when considering the matter, may make such interim or interlocutory order as it considers appropriate.
(3) An application for an order under this Regulation may be made whether or not there has been a prosecution for an offence under these Regulations in relation to the activity concerned, and shall not prejudice the initiation of a prosecution for an offence under these Regulations in relation to the activity concerned.
Powers of authorised persons
19. (1) An authorised person may at all reasonable times, or at any time if that person has reasonable grounds for believing that there is or may be a risk to human health, enter any premises for the purpose of these Regulations, and bring on to those premises such other persons or equipment, and carry out such work as that authorised person may consider necessary.
(2) When exercising the powers conferred under these Regulations, an authorised person shall, if so required, provide evidence of the authorised person’s authority.
(3) A person commits an offence if he or she—
(a) refuses to allow an authorised person on to a premises, or to allow an authorised person to bring any other person or equipment with him or her on to a premises or carry out any work in the exercise of the authorised person’s powers under these Regulations,
(b) obstructs or impedes an authorised person in the exercise of the authorised person’s powers,
(c) gives to an authorised person information which, to the knowledge of the person giving it, is false or misleading in a material respect, or
(d) fails or refuses to comply with a direction or requirement of an authorised person.
Charges by supervisory authorities
20. (1) A supervisory authority may charge for monitoring the quality of water supplies intended for human consumption.
(2) A charge made by a supervisory authority by virtue of paragraph (1) shall be of such amount as the authority considers appropriate, but shall not exceed the cost of such monitoring.
(3) A supervisory authority may recover the amount of any charge made by it under paragraph (1) as a simple contract debt in any court of competent jurisdiction.
Offences by bodies corporate
21. (1) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or of a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if that person was guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member was a director of the body corporate.
Prosecutions and penalties
22. (1) A prosecution for a summary offence under these Regulations may be taken by the Agency, Irish Water or relevant local authority, as appropriate.
(2) A person guilty of an offence under these Regulations is liable—
(a) on summary conviction, to a Class A fine or imprisonment for a term not exceeding 3 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 3 years, or both.
Revocation
23. The European Communities (Drinking Water) (No 2) Regulations 2007 ( S.I. No. 278 of 2007 ) are hereby revoked.
SCHEDULE
Part 1
PARAMETERS AND PARAMETRIC VALUES
TABLE A
MICROBIOLOGICAL PARAMETERS
/images/en.si.2014.0122.0001.jpg
TABLE B
CHEMICAL PARAMETERS
/images/en.si.2014.0122.0002.jpg
Notes
Note 1 The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water.
Note 2 The value applies to a sample of water intended for human consumption obtained by an adequate sampling method at the tap and taken so as to be representative of a weekly average value ingested by consumers and that takes account of the occurrence of peak levels that may cause adverse effects on human health.
Note 3 All appropriate measures shall be taken to reduce the concentration of lead in water intended for human consumption as much as possible dur-ing the period needed to achieve compliance with the parametric value.
When implementing the measures priority shall be progressively given to achieve compliance with that value where lead concentrations in water intended for human consumption are highest.
Note 4 Compliance must be ensured with the conditions that [nitrate]/50 +[nitrite]/3 ≤ 1, the square brackets signifying the concentrations in mg/l for nitrate (NO3) and nitrite (NO2) and the value of 0.10mg/l for nitrites ex water treatment works.
Note 5 Only those pesticides which are likely to be present in a given supply require to be monitored.
—“Pesticides” means—
—organic insecticides,
—organic herbicides,
—organic fungicides,
—organic nematocides,
—organic acaricides,
—organic algicides,
—organic rodenticides,
—organic slimicides,
—related products (inter alia, growth regulators)
—and their relevant metabolites, degradation and reaction products.
Note 6 The parametric value applies to each individual pesticide. In the case of aldrin, dieldrin, heptachlor and heptachlor epoxide the parametric value is 0.030 µg/l.
Note 7 “Pesticides — Total” means the sum of all individual pesticides detected and quantified in the course of the monitoring procedure;
Note 8 The specified compounds are—
—benzo(b) fluoranthene
—benzo(k) fluoranthene
—benzo(ghi) perylene
—indeno(1,2,3-cd) pyrene.
Note 9 The specified compounds are: chloroform, bromoform, dibromochloro-methane and bromodichloromethane.
All appropriate measures must be taken to reduce the concentration of trihalomethanes in water intended for human consumption as much as possible during the period needed to achieve compliance with the para-metric value.
When implementing the measures to achieve this value, priority must progressively be given to those areas where trihalomethane concentrations in water intended for human consumption are highest.
TABLE C
INDICATOR PARAMETERS
/images/en.si.2014.0122.0003.jpg
RADIOACTIVITY
/images/en.si.2014.0122.0004.jpg
Notes
Note 1: The water should not be aggressive.
Note 2: This parameter need not be measured unless the water originates from or is influenced by surface water. In the event of non-compliance with this parametric value, the supply shall be investigated to ensure that there is no potential danger to human health arising from the presence of pathogenic micro-organisms, e.g. cryptosporidium.
Note 3: This parameter need not be measured if the parameter TOC is analysed.
Note 4: This parameter need not be measured for supplies of less than 10,000m3 a day.
Note 5: In the case of surface water treatment, a parametric value not exceeding 1.0 NTU (nephelometric turbidity units) in the water ex treatment works must be strived for.
Note 6: Monitoring frequencies to be set at a later date in Part 2 of the Schedule.
Note 7: Excluding tritium, potassium–40, radon and radon decay products; monitoring frequencies, monitoring methods and the most relevant locations for monitoring points to be set at a later date in Part 2 of the Schedule.
Note 8: A. The proposals required by Note 6 on monitoring frequencies, and Note 7 on monitoring frequencies, monitoring methods and the most relevant locations for monitoring points in Part 2 of the Schedule shall be adopted in accordance with the Committee procedure laid down in Article 12 of the Directive.
B. Drinking water need not be monitored for tritium or radioactivity to establish total indicative dose where, on the basis of other monitoring carried out, the levels of tritium of the calculated total indicative dose are well below the parametric value.
Part 2
MONITORING
TABLE A
PARAMETERS TO BE ANALYSED
1. Check monitoring
The purpose of check monitoring is regularly to provide information on the organoleptic and microbiological quality of the water supplied for human con-sumption as well as information on the effectiveness of drinking-water treatment (particularly of disinfection) where it is used, in order to determine whether or not water intended for human consumption complies with the relevant para-metric values laid down in Part 1 of this Schedule.
The following parameters must be subject to check monitoring:
Aluminium (Note 1)
Ammonium
Colour
Conductivity
Clostridium perfringens (including spores) (Note 2)
Escherichia coli (E. coli)
Hydrogen ion concentration
Iron (Note 1)
Nitrite (Note 3)
Odour
Taste
Coliform bacteria
Turbidity
Notes
Note 1: Necessary only when used as flocculant (*).
Note 2: Necessary only if the water originates from or is influenced by surface water (*).
Note 3: Necessary only when chloramination is used as a disinfectant.
(*) In all other cases, the parameters shall be included under audit monitoring.
2. Audit monitoring
The purpose of audit monitoring is to provide the information necessary to determine whether or not all the parametric values specified in Part 1 of this Schedule are being complied with. All such parameters must be subject to audit monitoring unless it can be established by a supervisory authority, for a period of time to be determined by it, that a parameter is not likely to be present in a given supply in concentrations which could lead to the risk of a breach of the relevant parametric value. This paragraph does not apply to the parameters for radioactivity, which, subject to Notes 6, 7 and 8 in Table C in Part 1 of the Schedule will be monitored in accordance with monitoring requirements adopted under the Committee procedure set out in Article 12 of the Directive.
TABLE B
Minimum frequency of sampling and analyses for water intended for human consumption supplied from a distribution network or from a tanker or used in a food-production undertaking
Samples must be taken at the points of compliance as defined in Regulation 5 to ensure that water intended for human consumption meets the requirements of these Regulations. However, in the case of a distribution network, samples may be taken within the supply zone or at the treatment works for particular parameters if it can be demonstrated that there would be no adverse change to the measured value of the parameters concerned.
/images/en.si.2014.0122.0005.jpg
Notes
Note 1: A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and water quality may be considered as being approximately uniform.
Note 2: The volumes are calculated as averages taken over a calendar year. The number of inhabitants in a supply zone may be used instead of the volume of water to determine the minimum frequency, assuming a water consumption of 200 l/day/capita.
Note 3: In the event of intermittent short-term supply the monitoring frequency of water distributed by tankers is to be decided by the water supplier concerned.
Note 4: Where the values of the results obtained from samples taken during the preceding two years are constant and are significantly better than the values specified in Part 1 of the Schedule, and no factor is likely to cause deterioration in the quality of the water, the number of samples specified in Table B of Part 2 of the Schedule may be reduced, and the number of samples taken shall be reduced by not more than 50% (except in the case of a supply where the volume of water distributed or produced each day within a supply zone does not exceed 100m3).
Note 5: As far as possible, the number of samples should be distributed equally in time and location.
Note 6: To be determined by supervisory authority, subject to any relevant guidance issued by the Agency.
Part 3
SPECIFICATIONS FOR THE ANALYSIS OF PARAMETERS
Each laboratory at which samples are analysed must have a system of analytical quality control that is subject from time to time to checking by a person who is not under the control of the laboratory and who is approved by the Agency for that purpose.
Section 1
PARAMETERS FOR WHICH METHODS OF ANALYSIS ARE SPECIFIED
The following principles for methods of analysis of microbiological parameters are given either for reference whenever CEN/ISO method is given or for guid-ance, pending the possible future adoption (in accordance with the Committee procedure laid down in Article 12 of the Directive) of further CEN/ISO inter-national methods for these parameters. Alternative methods may be used, pro-viding the provisions of Regulations 7(8)(a) and 7(8)(b) are adhered to.
Coliform bacteria and Escherichia coli (E.coli) (ISO 9308-1)
Enterococci (ISO 7899-2)
Clostridium perfringens (including spores)
Membrane filtration followed by anaerobic incubation of the membrane on m-CP agar (Note 1) at 44 ± 1°C for 21 ± 3 hours.
Count opaque yellow colonies that turn pink or red after exposure to ammonium hydroxide vapours for 20 to 30 seconds.
Notes
Note 1: The composition of m-CP agar is—
Basal medium
Tryptose
30 g
Yeast extract
20g
Sucrose
5g
L-cysteine hydrochloride
1 g
MgSO4.7H2O
0. 1g
Bromocresol purple
40mg
Agar
15 g
Water
1,000 ml
Dissolve the ingredients of the basal medium, adjust pH to 7.6 and autoclave at 121°C for 15 minutes. Allow the medium to cool and add—
D-cycloserine
400 mg
Polymyxine-B sulphate
25mg
Indoxyl-β-D-glucoside to be dissolved in 8 ml sterile water before addition
60mg
Filter — sterilised 0.5% phenolphthalein diphosphate solution
20 ml
Filter — sterilised 4.5 % FeCl3.6H2O
2 ml
Section 2
PARAMETERS FOR WHICH PERFORMANCE CHARACTERISTICS
ARE SPECIFIED
For the following parameters, the specified performance characteristics are that the method of analysis used must, as a minimum, be capable of measuring con-centrations equal to the parametric value with a trueness, precision and limit of detection specified. Whatever the sensitivity of the method of analysis used, the result must be expressed using at least the same number of decimals as for the parametric value considered in Tables B and C in Part 1 of the Schedule.
/images/en.si.2014.0122.0006.jpg
For hydrogen ion concentration the specified performance characteristics are that the method of analysis used must be capable of measuring concentrations equal to the parametric value with a trueness of 0.2 pH unit and a precision of 0.2 pH unit.
Notes
Note 1 (*): Trueness is the systematic error and is the difference between the mean value of the large number of repeated measurements and the true value.
Note 2 (*): Precision is the random error and is usually expressed as the standard deviation (within and between batch) of the spread of results about the mean. Acceptable precision is twice the relative standard deviation.
(*) These terms are further defined in ISO 5725, issued by the ISO.
Note 3: Limit of detection is either:
—three times the relative within batch standard deviation of a natural sample containing a low concentration of the parameter, or
—five times the relative within batch standard deviation of a blank sample.
Note 4: The method should determine total cyanide in all forms.
Note 5: Oxidation should be carried out for 10 minutes at 100°C under acid conditions using permanganate.
Note 6: The performance characteristics apply to each individual pesticide and will depend on the pesticide concerned. The limit of detection may not be achievable for all pesticides at present, but water suppliers should strive to achieve this standard.
Note 7: The performance characteristics apply to the individual substances specified at 25% of the parametric value in Part 1 of the Schedule.
Note 8: The performance characteristics apply to the individual substances specified at 50% of the parametric value in Part 1 of the Schedule.
Section 3
PARAMETERS FOR WHICH NO METHOD OF ANALYSIS IS
SPECIFIED
Colour
Odour
Taste
Total organic carbon
Turbidity (see note)
Note: For turbidity monitoring in treated surface water the specified perform-ance characteristics are that the method of analysis used must, as a minimum, be capable of measuring concentrations equal to the parametric value with a trueness of 25%, precision of 25% and a 25% limit of detection.
Part 4
MATTERS TO BE SPECIFIED IN GRANT OF DEPARTURE UNDER
REGULATION 11
1. The grounds for the departure.
2. The parameter concerned, previous relevant monitoring results, and the maximum permissible value under the departure.
3. The geographical area, the quantity of water supplied each day, the popu-lation concerned and whether or not any relevant food-production undertaking would be affected.
4. An appropriate monitoring scheme, with an increased monitoring frequency where necessary.
5. A summary of the plan for the necessary remedial action, including a timetable for the work and an estimate of the cost and provisions for reviewing.
6. The required duration of the departure.
/images/ls
Given under my Official Seal,
27 February 2014.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation.)
The purpose for which these regulations are made is to prescribe quality standards to be applied and related supervision and enforcement procedures in relation to supplies of drinking water, including requirements as to sampling frequency, methods of analysis, the provision of information to consumers and related matters. The Regulations update the European Communities (Drinking Water) (No.2) Regulations, which are duly revoked, to reflect the provisions of Section 7 of the Water Services (No.2) Act 2013 which provide that certain water services functions, which were the responsibility of the water services authorities, are transferred to Irish Water.
1 O.J. No. L330/32, 5.12.1998
2 O.J. No. 327/1, 22.12.2000
3 O.J. No. L22.9.2.1965 p369 as amended
S.I. No. 386/2015 –
European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015.
I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2013/39/EU1 of the European Parliament and of the Council of 12 August 2013 amending Directive 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy, Commission Decision (EU) 2013/480 of 20 September 20132 establishing, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, the values of the Member State monitoring system classifications as a result of the intercalibration exercise and repealing Decision 2008/915/EC and Commission Implementing Decision (EU) 2015/4953 of 20 March 2015 establishing a watch list of substances for Union-wide monitoring in the field of water policy pursuant to Directive 2008/105/EC of the European Parliament and of the Council, hereby make the following Regulations:
(1) These Regulations may be cited as the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015.
(2) In these Regulations—
“the 2003 Regulations” means the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ), as amended by the European Union (Water Policy) Regulations 2014 ( S.I. No. 350 of 2014 );
“the 2009 Regulations” means the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 );
“the 2012 Regulations” means the European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2012 ( S.I. No. 327 of 2012 ).
(3) The 2003 Regulations are amended in Regulation 3 by the insertion of the following definition after the definition of “international river basin district”:
“’limit of quantification’ has the same meaning as in the European Communities (Technical Specifications for the Chemical Analysis and Monitoring of Water Status) Regulations 2011 ( S.I. No. 489 of 2011 );”.
(4) The 2003 Regulations are amended in Regulation 10 by the insertion of the following after paragraph (7):
“(8) The EPA shall, not later than 22 December 2018, establish and submit to the European Commission a supplementary monitoring programme to include:
(a) the newly identified substances numbered 22, 23, 24, 25, 26 and 27 and
(b) the substances numbered 16, 17, 18, 19, 20 and 21
in Tables 11 and 12 respectively of Schedule 6 to the European Communities Environmental Objectives (Surface Waters) Regulations 2009, as amended by Regulation 16 of the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015.”.
(5) The 2003 Regulations are amended in Regulation 12 by the substitution of the following for paragraph (1)(b):
“(b) establish a programme of measures in accordance with Article 11 of the Directive in order to achieve those objectives, including:
(i) a preliminary programme of measures by 22 December 2018, covering the newly identified substances numbered 22, 23, 24, 25, 26 and 27 and the substances numbered 16, 17, 18, 19, 20 and 21 in Tables 11 and 12 respectively of Schedule 6 to the European Communities Environmental Objectives (Surface Waters) Regulations 2009, as amended by Regulation 16 of the European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2015, and
(ii) a final programme of measures relating to the substances listed at paragraph (1)(b)(i), which shall be established by 22 December 2021 and shall be implemented and made fully operational as soon as possible after that date and not later than 22 December 2024, and”.
(6) The 2003 Regulations are amended in Regulation 13 by the substitution of the following for paragraph (4):
“(4) A river basin management plan shall include:
(a) the information set out in Annex VII of the Directive which may be supplemented by the production of such additional detailed programmes and management plans for sub-basin, sector, issue or water type to deal with particular aspects of water management as the relevant authorities consider appropriate;
(b) a table presenting the limits of quantification of the methods of analysis applied by the EPA in undertaking monitoring for priority substances, and information on the performance of those methods in relation to the minimum performance criteria laid down in the European Communities (Technical Specifications for the Chemical Analysis and Monitoring of Water Status) Regulations 2011 ( S.I. No. 489 of 2011 );
(c) for the priority substances for which the option in Regulation 41(7) of the European Communities Environmental Objectives (Surface Waters) Regulations 2009, as amended by Regulation 9 of the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015, is used by the EPA:
(i) the reasons and basis for using that option;
(ii) where an alternative environmental quality standard is used, evidence that that environmental quality standard offers at least the same level of protection as the EQS laid down in Tables 11 and 12 of Schedule 6 to the European Communities Environmental Objectives (Surface Waters) Regulations 2009, as amended by the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015, including the data and methodology used to derive the environmental quality standard, and the categories of surface water to which it applies;
(iii) for comparison with the information referred to in paragraph (a), the limits of quantification of the methods of analysis for the matrices specified in Tables 11 and 12 of Schedule 6 to the European Communities Environmental Objectives (Surface Waters) Regulations 2009, as amended by the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015, including information on the performance of those methods in relation to the minimum performance criteria laid down in the European Communities (Technical Specifications for the Chemical Analysis and Monitoring of Water Status) Regulations 2011 ( S.I. No. 489 of 2011 ); and
(d) justification for the frequency of monitoring applied in accordance with Regulation 41(5) of the European Communities Environmental Objectives (Surface Waters) Regulations 2009, as amended by Regulation 9 of the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015, if monitoring intervals are longer than one year.”.
(7) The 2009 Regulations are amended in Regulation 3 by:
(a) the insertion of the following definition after the definition of “artificial water body”:
“’biota taxon’ means a particular aquatic taxon within the taxonomic rank “sub-phylum”, “class” or their equivalent;”,
(b) the insertion of the following definition after the definition of “Directive 2008/105/EC”:
“’Directive 2013/39/EU’ means Directive 2013/39/EU of the European Parliament and of the Council of 12 August 2013 amending Directive 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy;” and
(c) the insertion of the following definitions after the definition of “lake”:
“’limit of quantification’ has the same meaning as in the European Communities (Technical Specifications for the Chemical Analysis and Monitoring of Water Status) Regulations 2011 ( S.I. No. 489 of 2011 );
‘matrix’ means a compartment of the aquatic environment, namely water sediment or biota;”.
(8) The 2009 Regulations are amended in Regulation 28 by substituting the following paragraph for paragraph (1):
“(1) A surface water body whose status is determined to be high or good ecological status (or good ecological potential as the case may be) and good surface water chemical status, when classified by the Agency in accordance with these Regulations, shall not deteriorate in status.”
(9) The 2009 Regulations are amended in Regulation 41 by the insertion of the following paragraphs after paragraph (3):
“(4) Where a biota environmental quality standard is established for a substance in Tables 11 and 12 of Schedule 6 of these Regulations, the biota environmental quality standard shall be applied in the first instance by the Agency in determining chemical status of a given surface water body. Where no biota environmental quality standard has been established for a substance, the appropriate water environmental quality standard shall be applied.
(5) For substances in Tables 11 and 12 of Schedule 6 for which a biota or sediment environmental quality standard is applied, the Agency shall monitor the substance in the relevant matrix at least once every year, unless technical knowledge and expert judgment justify another interval.
(6) Where a potential risk to, or via, any given surface water body from acute exposure has been identified as a result of measured or estimated concentrations or emissions and where a biota or sediment environmental quality standard is being applied, the Agency shall ensure that monitoring of that surface water body is carried out and shall apply the MAC-EQS standards established in Tables 11 and 12 of Schedule 6.
(7) The Agency may, in relation to one or more categories of surface water, apply an environmental quality standard for a matrix other than water, sediment or biota or, where relevant, for a biota taxon other than those specified in Tables 11 and 12 of Schedule 6 and shall apply the relevant EQS specified in Tables 11 and 12 of Schedule 6 or, if none is included for the relevant matrix or biota taxon, establish an EQS that offers at least the same level of protection as the EQS specified in Tables 11 and 12 of Schedule 6.
(8) Paragraph (7) only applies where the method of analysis used for the chosen matrix or biota taxon fulfils the minimum performance criteria laid down in the European Communities (Technical Specifications for the Chemical Analysis and Monitoring of Water Status) Regulations 2011 ( S.I. No. 489 of 2011 ) and where those criteria are not met for any matrix, the Agency shall ensure that monitoring is carried out using best available techniques not entailing excessive costs and that the method of analysis performs at least as well as that available for water, sediment or biota for the relevant substance.
(9) Where the calculated mean value of a measurement, when carried out using the best available technique not entailing excessive costs, is considered to be less than the limit of quantification and the limit of quantification of that technique is above the environmental quality standard specified in Tables 11 and 12 of Schedule 6, the result for the substance being measured shall not be considered for the purposes of assessing the overall chemical status of the given surface water body.”
(10) The 2009 Regulations are amended in Regulation 42 by the substitution of the following subparagraphs for subparagraphs (1) and (2):
“(a) natural background concentrations for metals and their compounds where such concentrations prevent compliance with the relevant environmental quality standard, and
(b) hardness, pH value, dissolved organic carbon or other water quality parameters that affect the bioavailability of metals, the bioavailability concentrations being determined using appropriate bioavailability monitoring.”
(11) The 2009 Regulations are amended by the insertion of the following after Regulation 68:
“PART VI
DUTY TO UNDERTAKE MONITORING OF WATCH LIST SUBSTANCES
69. The Agency shall monitor each substance in the watch list contained in Table 13 of Schedule 6 at selected representative monitoring stations over a minimum 12-month period, the monitoring period to commence on or before 14 September 2015. For each substance included in subsequent lists published by the European Commission, the Agency shall commence monitoring of that substance within six months of its inclusion on the list.
70. For each substance in Table 13 of Schedule 6, the Agency must select at least four monitoring stations that are considered representative for that individual substance.
71. In selecting the representative monitoring stations, the monitoring frequency and monitoring timing for each substance, the Agency shall take into account the use patterns and possible occurrence of the substance. The frequency of monitoring shall be no less than once per year.
72. Where the Agency provides sufficient, comparable, representative and recent monitoring data for a particular substance from existing monitoring programmes or studies, it may decide not to undertake additional monitoring for that substance, provided that the substance was monitored using a methodology that satisfies the requirements of the technical guidelines developed by the Commission in accordance with Article 8b(5) of Directive 2013/39/EU.”
(12) The 2009 Regulations are amended in Schedule 1 by:
(a) the deletion of “The Radiological Protection Institute of Ireland”, and
(b) the substitution of “Inland Fisheries Ireland” for “The Central Fisheries Board”
in the list of relevant public authorities.
(13) The 2009 Regulations are amended in Table 7 of Schedule 4 by the substitution of the word “status” for “subtatus” in the third column of the fourth row, opposite “Lake water body”.
(14) The 2009 Regulations are amended in Schedule 5 by the substitution of the following Table for Table 8:
“Table 8 – Biological quality elements
RIVERS (All types)
Biological QualityElement
Classification System
River Type
Ecological Quality Ratio
High-good boundary
Good-moderate boundary
Macroinvertebrates
Q Quality System (Q-value)
All
0.85
0.75
Phytobenthos
Revised form of Trophic diatom index (TDI)*
0.93
0.78
Fish
Fish Classification Scheme 2 Ireland (FCS2)
All
0.845
0.540
Note: *To be used only in rivers with alkalinity less than 150mg/l CaCO3
LAKES
Biological Quality Element
Classification System
Lake Type
Ecological Quality Ratio
High-good boundary
Good-moderate boundary
Phytoplankton (1)
IE Lake Phytoplankton Index (2)
All
0.8
0.6
Fish fauna
FIL2
Type 1-8(3)
0.76
0.53
Phytobenthos
Lake Trophic Diatom Index (IE)
All
0.9
0.63
(1) The phytoplankton boundary conditions for lake types 7,8,11 and 12 shall apply on an interim basis for classifying lake types not currently listed. EQR boundary conditions are yet to be developed for shallow calcareous lakes.
(2) Growing season (March to October) mean value. A minimum of 4 samples distributed throughout the growing season is required in any one year. Phytoplankton biomass is not an appropriate indicator for assessing lake trophic status when zebra mussels are present.
(3) Type 1: Low alkalinity, shallow and small lakes
Type 2: Low alkalinity, shallow and large lakes
Type 3: Low alkalinity, deep and small lakes
Type 4: Low alkalinity, deep and large lakes
Type 5: Moderate alkalinity, shallow and small lakes
Type 6: Moderate alkalinity, shallow and large lakes
Type 7: Moderate alkalinity, deep and small lakes
Type 8: Moderate alkalinity, deep and large lakes
Where
Low alkalinity lakes: <20 mg/l CaCO3
Moderate alkalinity lakes: 20-100 mg/l CaCO3
Shallow lakes: <4 metres
Deep lakes: >4 metres
Small lakes: <50 hectares
Large lakes: >50 hectares
TRANSITIONAL WATERS (All types with the exception of transitional lagoons)
Biological Quality Element
Classification System
Ecological Quality Ratio
High-good boundary
Good-moderate boundary
Fish
TFCI — Transitional Fish Classification Index
0.81
0.58
COASTAL WATERS (All types with the exception of coastal water lagoons)
Biological Quality Element
Classification System
Ecological Quality Ratio
High-goodboundary
Good-moderate boundary
High-good
Good-moderate
Chlorophyll (µg/l)(1)
Phytoplankton
Phytoplankton biomass (Chlorophyll)
0.66
0.33
2.5 (median) and 5.0 (90%ile)(2)
5.0 (median) and 10.0 (90%ile)(3)
5.0 (median) and 10.0 (90%ile)(2)
10.0 (median) and 20.0 (90%ile)(3)
Phytoplankton composition
0.84
0.43
Percentage of single taxa counts above thresholds
20
39
(1) Growing season March to September
(2) Cold acetone extraction method
(3) Hot methanol extraction method
COASTAL AND TRANSITIONAL WATERS (All types with the exception of transitional and coastal water lagoons)
Biological QualityElement
Classification System
Ecological Quality Ratio
High-good boundary
Good-moderate boundary
Macroalgae
Rocky shore reduced species list multimetric system
0.80
0.60
Opportunistic macroalgae multimetric system
0.80
0.60
”.
(15) The 2009 Regulations are amended in Table 9 of Schedule 5 by:
(a) the insertion of “good status” before “<4.0mg/l” in the fourth column of the second row of the sub-table headed: “OXYGENATION CONDITIONS (BIOCHEMICAL OXYGEN DEMAND)”; and
(b) the substitution of the following for the text in the fourth column of the third row of the sub-table headed “NUTRIENT CONDITIONS”:
“Good status ≤ 2.6 (for 0 psu(2))
Good status ≤ 0.25 (for 34.5 psu(2))
High status ≤ 0.17 (for 34.5 psu(2)) ”
(16) The 2009 Regulations are amended in Schedule 6 by the substitution of the following for Tables 11 and 12:
“Table 11
The environmental quality standards (EQS) for priority substances and certain other pollutants to apply for the purpose of assigning chemical status
With the exception of cadmium, lead, mercury and nickel (hereinafter “metals’), the EQS values in Tables 11 and 12 are expressed as total concentrations in the whole water sample. In the case of metals, the EQS refers to the dissolved concentration i.e. the dissolved fraction of a water sample obtained by filtration through a 0.45 µm filter or any equivalent pre-treatment or, where specifically indicated, to the bioavailable concentration.
Priority Substances
AA: annual average1
MAC: maximum allowable concentration
Unit: [µg/l]
[µg/kg wet weight] for column (8)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
No
Name of substance
Chemical Abstracts Service number
AA-EQS2Inland surface waters3
AA-EQS2Other surface waters
MACEQS4Inland surface waters3
MACEQS4Other surface waters
EQS Biota5
(1)
Alachlor
15972-60-8
0.3
0.3
0.7
0.7
(2)
Atrazine
1912-24-9
0.6
0.6
2.0
2.0
(3)
Benzene
71-43-2
10
8
50
50
(4)
Carbon-tetrachloride6
56-23-5
12
12
not applicable
not applicable
(5)
Chlorfenvinphos
470-90-6
0.1
0.1
0.3
0.3
(6)
Chlorpyrifos
(Chlorpyrifos-ethyl)
2921-88-2
0.03
0.03
0.1
0.1
(7a)
Cyclodiene pesticides:
Aldrin6
Dieldrin6
Endrin6
Isodrin6
309-00-2
60-57-1
72-20-8
465-73-6
∑=0.01
∑=0.005
not applicable
not applicable
(7b)
DDT total6,7
not applicable
0.025
0.025
not applicable
not applicable
para-para-DDT6
50-29-3
0.01
0.01
not applicable
not applicable
(8)
1,2-Dichloroethane
107-06-2
10
10
not applicable
not applicable
(9)
Dichloromethane
75-09-2
20
20
not applicable
not applicable
(10)
Diuron
330-54-1
0.2
0.2
1.8
1.8
(11)
Fluoranthene8
206-44-0
0.0063
0.0063
0.12
0.12
30
(12)
Isoproturon
34123-59-6
0.3
0.3
1.0
1.0
(13)
Lead and its compounds8
7439-92-1
1.29
1.3
14
14
(14)
Naphthalene8
91-20-3
2
2
130
130
(15)
Nickel and its8 compounds
7440-02-0
49
8.6
34
34
(16)
Octylphenol((4-(1,1’,3,3’-tetramethylbutyl)-phenol))
140-66-9
0.1
0.01
not applicable
not applicable
(17)
Pentachloro-phenol
87-86-5
0.4
0.4
1
1
(18)
Simazine
122-34-9
1
1
4
4
(19a)
Tetrachloro-ethylene6
127-18-4
10
10
not applicable
not applicable
(19b)
Trichloro-ethylene6
79-01-6
10
10
not applicable
not applicable
(20)
Trichloro-benzenes
12002-48-1
0.4
0.4
not applicable
not applicable
(21)
Trichloro-methane
67-66-3
2.5
2.5
not applicable
not applicable
(22)
Aclonifen10
74070-46-5
0.12
0.012
0.12
0.012
(23)
Bifenox10
42576-02-3
0.012
0.0012
0.04
0.004
(24)
Cybutryne10
28159-98-0
0.0025
0.0025
0.016
0.016
(25)
Cypermethrin10
52315-07-8
8 x 10-5
8 x 10-6
6 x 10-4
6 x 10-5
(26)
Dichlorvos10
62-73-7
6 x 10-4
6 x 10-5
7 x 10-4
7 x 10-5
(27)
Terbutryn10
886-50-0
0.065
0.0065
0.34
0.034
1 The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications to be adopted for chemical monitoring and quality of analytical results in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
2 This parameter is the Environmental Quality Standard expressed as an annual average value (EQS-AA). Unless otherwise specified, it applies to the total concentration of all isomers.
3 Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.
4 This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (MAC-EQS). Where the MAC-EQS are marked as “not applicable”, the AAEQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on the basis of acute toxicity.
5 Unless otherwise indicated, the biota EQS relate to fish. An alternative biota taxon, or another matrix, may be monitored instead, as long as the EQS applied provides an equivalent level of protection. For substance numbered 11 (Fluoranthene), the biota EQS refers to crustaceans and molluscs. For the purpose of assessing chemical status, monitoring of Fluoranthene in fish is not appropriate.
6 This substance is not a priority substance but one of the other pollutants for which the EQS are identical to those laid down in community legislation that applied prior to Directive 2008/105/EC of the European Parliament and Council on environmental quality standards in the field of water policy.
7 DDT total comprises the sum of the isomers 1,1,1-trichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 50-29-3; EU number 200-024-3); 1,1,1-trichloro-2 (o-chlorophenyl)-2-(p-chlorophenyl) ethane (CAS number 789-02-6; EU number 212-332-5); 1,1-dichloro-2,2 bis (pchlorophenyl) ethylene (CAS number 72-55-9; EU number 200-784-6); and 1,1-dichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 7254-8; EU number 200-783-0).
8 The EQS for this substance shall take effect from 22 December 2015, with the aim of achieving good surface water chemical status in relation to this substance by 22 December 2021 by means of programmes of measures included in updates of river basin management plans produced in accordance with Article 13 of the 2003 Regulations.
9 These EQS refer to bioavailable concentrations of the substances.
10 The EQS for this substance shall take effect from 22 December 2018, with the aim of achieving good surface water chemical status in relation to this substance by 22 December 2027 and preventing deterioration in the chemical status of surface water bodies in relation to this substance.
Table 12
The environmental quality standards (EQS) for priority hazardous substances to apply for the purpose of assigning chemical status
PRIORITY HAZARDOUS SUBSTANCES
AA: annual average1
MAC: maximum allowable concentration
Unit: [µg/l]
[µg/kg wet weight] for column (8)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
No
Name of substance
Chemical Abstracts Service number
AA-EQS2 Inland surface waters3
AA-EQS2 Other surface waters
MACEQS4 Inland surface waters3
MACEQS4 Other surface waters
EQS Biota5
(1)
Anthracene6
120-12-7
0.1
0.1
0.1
0.1
(2)
Brominated diphenylether6, 7
32534-81-9
0.14
0.014
0.0085
(3)
Cadmium and its compounds (depending on water hardness classes)8
7440-43-9
≤ 0.08 (Class 1)
0.08 (Class 2)
0.09 (Class 3)
0.15 (Class 4)
0.25 (Class 5)
0.2
≤ 0.45 (Class 1)
0.45 (Class 2)
0.6 (Class 3)
0.9 (Class 4)
1.5 (Class 5)
≤ 0.45 (Class 1)
0.45 (Class 2)
0.6 (Class 3)
0.9 (Class 4)
1.5 (Class 5)
(4)
C10-13 Chloroalkanes8
85535-84-8
0.4
0.4
1. 4
1. 4
(5)
Di(2-ethylhexyl)-phthalate (DEHP)
117-81-7
1.3
1.3
not applicable
not applicable
(6)
Endosulfan
115-29-7
0.005
0.0005
0.01
0.004
(7)
Hexachloro-benzene
118-74-1
0.05
0.05
10
(8)
Hexachloro-butadiene
87-68-3
0.6
0.6
55
(9)
Hexachloro-cyclohexane
608-73-1
0.02
0.002
0.04
0.02
(10)
Mercury and its compounds
7439-97-6
0.07
0.07
20
(11)
Nonylphenol (4-Nonylphenol)
84852-15-3
0.3
0.3
2. 0
2. 0
(12)
Pentachloro-benzene
608-93-5
0.007
0.0007
not applicable
not applicable
(13)
Polyaromatic hydrocarbons (PAH)6,9
not applicable
not applicable
not applicable
not applicable
not applicable
Benzo(a) pyrene
50-32-8
1.7 x 10-4
1.7 x 10-4
0.27
0.027
5
Benzo(b) fluor-anthene
205-99-2
see footnote 9
see footnote 9
0.017
0.017
see footnote 9
Benzo(k) fluor-anthene
207-08-9
see footnote 9
see footnote 9
0.017
0.017
see footnote 9
Benzo(g,h,i)-perylene
191-24-2
see footnote 9
see footnote 9
8.2 x 10-3
8.2 x 10-4
see footnote 9
Indeno(1,2,3-cd)-pyrene
193-39-5
see footnote 9
see footnote 9
not applicable
not applicable
see footnote 9
(14)
Tributyltin compounds (Tributhyltin-cation)
36643-28-4
0.0002
0.0002
0.0015
0.0015
(15)
Trifluralin
1582-09-8
0.03
0.03
not applicable
not applicable
(16)
Dicofol12
115-32-2
1.3 x 10-3
3.2 x 10-5
not applicable10
not applicable10
33
(17)
Perfluoro-octane sulfonic acid and its derivatives (PFOS)12
1763-23-1
6.5 x 10-4
1.3 x 10-4
36
7.2
9.1
(18)
Quinoxyfen12
124495-18-7
0.15
0.015
2.7
0.54
(19)
Dioxins and dioxin-like compounds12
see footnote 10 Annex X to Directive 2000/60/EC
not applicable
not applicable
sum of PCDD+PCDF+PCB-DL0.0065 g.kg-1 TEQ 11
(20)
Hexabromo-cyclododecane (HBCDD)12
see footnote 12 Annex X to Directive 2000/60/EC
0.0016
0.0008
0.5
0.05
167
(21)
Heptachlor and heptachlor epoxide12
76-44-8/1024-57-3
2 x 10-7
1 x 10-8
3 x 10-4
3 x 10-5
6.7 x 10-3
1 The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications for chemical monitoring and quality of analytical results to be adopted in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
2 This parameter is the Environmental Quality Standard expressed as an annual average value (EQS-AA). Unless otherwise specified, it applies to the total concentration of all isomers.
3 Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.
4 This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (EQS-MAC). Where the MAC-EQS are marked as “not applicable”, the AA EQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on the basis of acute toxicity.
5 Unless otherwise indicated, the biota EQS relate to fish. An alternative biota taxon, or another matrix, may be monitored instead, as long as the EQS applied provides an equivalent level of protection. For PAHs, the biota EQS refers to crustaceans and molluscs. For the purpose of assessing chemical status, monitoring of PAHs in fish is not appropriate. For Dioxins and dioxin-like compounds, the biota EQS relates to fish, crustaceans and molluscs, in line with section 5.3 of the Annex to Commission Regulation (EU) No. 1259/2011 of 2 December 2011 amending Regulation (EC) No. 1881/2006 as regards maximum levels for dioxins, dioxin-like PCBs and non-dioxin-like PCBs in foodstuffs (O.J. L 320, 3.12.2011, p. 18)
6 The EQS for this substance shall take effect from 22 December 2015, with the aim of achieving good surface water chemical status in relation to these substances by 22 December 2021 by means of programmes of measures included in updates of river basin management plans produced in accordance with Article 13 of the 2003 Regulations.
7 For the group of priority substances covered by brominated diphenylethers listed in Decision 2455/2001/EC, an EQS is established only for congener numbers 28, 47, 99, 100, 153 and 154.
8 For Cadmium and its compounds the EQS values vary dependent upon the hardness of the water as specified in five class categories (Class 1: <40 mg CaCO3/l, Class 2: 40 to <50 mg CaCO3/l, Class 3: 50 to <100 mg CaCO3/l, Class 4: 100 to <200 mg CaCO3/l and Class5: ≥200 mg CaCO3/l).
9 No indicative parameter is provided for this group of substances. The indicative parameter(s) must be defined through the analytical method.
10 For the group of priority substances of polyaromatic hydrocarbons (PAH), the biota EQS and corresponding AA-EQS in water refer to the concentration of benzo(a) pyrene, on the toxicity of which they are based. Benzo(a) pyrene can be considered as a marker for the other PAHs, hence only benzo(a) pyrene needs to be monitored for comparison with the biota EQS or the corresponding AA- EQS in water.
11 There is insufficient information available to set a MAC-EQS for these substances.
12 PCDD: Polychlorinated dibenzo-p-dioxins; PCDF: polychlorinated dibenzofurans; PCB-DL: dioxin-like polychlorinated biphynels; TEQ: toxic equivalents according to the World Health Organisation 2005 Toxic Equivalent Factors.
13 The EQS for this substance shall take effect from 22 December 2018, with the aim of achieving good surface water chemical status in relation to this substance by 22 December 2027 and preventing deterioration in the chemical status of surface water bodies in relation to this substance.”
(17) The 2009 Regulations are amended in Schedule 6 by the insertion of the following after Table 12:
“Table 13
Watch list of substances for Union-wide monitoring as set out in Article 8b of Directive 2013/39/EU
Name of substance/group of substances
CAS number1
EU number2
Indicative analytical method3,4,5
Maximum acceptable method detection limit (ng/l)
17-Alpha-ethinylestradiol (EE2)
57-63-6
200-342-2
Large-volume SPE — LC-MS-MS
0.035
17-Beta-estradiol (E2), Estrone (E1)
50-28-2,53-16-7
200-023-8
SPE — LC-MS-MS
0.4
Diclofenac
15307-86-5
239-348-5
SPE — LC-MS-MS
10
2,6-Ditert-butyl-4-methylphenol
128-37-0
204-881-4
SPE — GC-MS
3160
2-Ethylhexyl 4-methoxycinnamate
5466-77-3
226-775-7
SPE — LC-MS-MSor GC-MS7
6000
Macrolide antibiotics6
SPE — LC-MS-MS
90
Methiocarb
2032-65-7
217-991-2
SPE — LC-MS-MSor GC-MS
10
Neonicotinoids7
SPE — LC-MS-MS
9
Oxadiazon
19666-30-9
243-215-7
LLE/SPE — GC-MS
88
Tri-allate
2303-17-5
218-962-7
LLE/SPE — GC-MSor LC-MS-MS
670
1 Chemical Abstracts Service.
2 European Union number — not available for all substances.
3 To ensure comparability of results from different Member States, all substances shall be monitored in whole water samples.
4 Extraction methods:
LLE — liquid liquid extraction.
SPE — solid-phase extraction.
Analytical methods:
GC-MS — Gas chromatography-mass spectrometry.
LC-MS-MS — Liquid chromatography (tandem) triple quadrupole mass spectrometry.
5 For monitoring 2-Ethylhexyl 4-methoxycinnamate in suspended particulate matter (SPM) or in sediment (size < 63µm), the following analytical method is indicated: SLE (solid liquid extraction) — GC-MS, with a maximum detection limit of 0.2 mg/kg.
6 Erythromycin (CAS number 114-07-8, EU number 204-040-1), Clarithromycin (CAS number 81103-11-9), Azithromycin (CAS number 83905-01-5, EU number 617-500-5).
7 Imidacloprid (CAS number 105827-78-9/ 138261-41-3; EU number 428-040-8), Thiacloprid (CAS number 111988-49-9), Thiamethoxam (CAS number 153719-23-4, EU number 428-650-4), Clothianidin (CAS number 210880-92-5, EU number 433-460-1), Acetamiprid (CAS number 135410-20-7/ 160430-64-8)”.
/images/ls
GIVEN under my Official Seal,
10 September 2015.
ALAN KELLY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This Note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ) and the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 ).
The purpose of the Regulations is to give effect to the requirements of Directive 2013/39/EU, Commission Decision (EU) 2013/480 of 20 September 2013 and Commission Implementing Decision (EU) 2015/495 of 20 March 2015. The Regulations revise the environmental quality standards for a number of priority substances, add 12 new substances to the original list, and include additional environmental quality standards for biological quality elements. The Regulations also provide for the establishment of a watchlist to monitor concentrations of emerging pollutants and other substances of concern in the aquatic environment, to be updated every 24 months.
1 O.J. No. L226/1, 24 August 2013
2 O.J. No. L266/1, 8 October 2013
3 O.J. No. L78/40, 24 March 2015
S.I. No. 277/2016 –
European Union Environmental Objectives (Standards for Monitoring of Quality Elements) Regulations 2016.
“Iris Oifigiúil” of 27th May, 2016.
I, SIMON COVENEY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2014/101/EU of 30 October 20141 amending Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy hereby make the following Regulations:
1. These Regulations may be cited as the European Union Environmental Objectives (Standards for Monitoring of Quality Elements) Regulations 2016.
2. In these Regulations—
“Agency” means the Environmental Protection Agency;
“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy.
3. The Agency, and any other person or body as appropriate, in undertaking the monitoring requirements of the Water Framework Directive as laid out in the European Communities Environmental Objectives (Surface Waters) Regulations ( S.I. No. 272 of 2009 ), as amended, shall employ the standards for monitoring of quality elements listed in Schedule 1.
4. Methods used for the monitoring of type parameters shall conform to the international standards listed in Schedule 1 in so far as they cover monitoring, or to such other national or international standards as will ensure the provision of data of an equivalent scientific quality and comparability.
Schedule 1: Standards for monitoring of quality elements
Standards for sampling of biological quality elements:
Generic methods for use with the specific methods given in the standards relating to the following biological quality elements:
EN ISO 5667-3:2012
Water quality — Sampling — Part 3: Preservation and handling of samples
Standards for phytoplankton:
EN 15204:2006
Water quality — Guidance standard on the enumeration of phytoplankton using inverted microscopy (Utermhl technique)
EN 15972:2011
Water quality — Guidance on quantitative and qualitative investigations of marine phytoplankton
ISO 10260:1992
Water quality — Measurement of biochemical parameters — Spectrometric determination of the chlorophyll-a concentration
Standards for macrophyte and Phytobenthos:
EN 15460:2007
Water quality — Guidance standard for the surveying of macrophytes in lakes
EN 14184:2014
Water quality — Guidance for the surveying of aquatic macrophytes in running waters
EN 15708:2009
Water quality — Guidance standard for the surveying, sampling and laboratory analysis of phytobenthos in shallow running water
EN 13946:2014
Water quality — Guidance for the routine sampling and preparation of benthic diatoms from rivers and lakes
EN 14407:2014
Water quality — Guidance for the identification and enumeration of benthic diatom samples from rivers and lakes
Standards for benthic invertebrate:
EN ISO10870:2012
Water quality — Guidelines for the selection of sampling methods and devices for benthic macroinvertebrates in fresh waters
EN 15196:2006
Water quality — Guidance on sampling and processing of the pupal exuviae of Chironomidae (order Diptera) for ecological assessment
EN 16150:2012
Water quality — Guidance on pro rata multi-habitat sampling of benthic macro-invertebrates from wadeable rivers
EN ISO 19493:2007
Water quality — Guidance on marine biological surveys of hard-substrate communities
EN ISO 16665:2013
Water quality — Guidelines for quantitative sampling and sample processing of marine soft-bottom macro-fauna
Standards for fish:
EN 14962:2006
Water quality — Guidance on the scope and selection of fish sampling methods
EN 14011:2003
Water quality — Sampling of fish with electricity
EN 15910:2014
Water quality — Guidance on the estimation of fish abundance with mobile hydroacoustic methods
EN 14757:2005
Water quality — Sampling of fish with multi-mesh gillnets
Standards for hydromorphological parameters:
EN 14614:2004
Water quality — Guidance standard for assessing the hydromorphological features of rivers
EN 16039:2011
Water quality — Guidance standard on assessing the hydromorphological features of lakes
Standards for physico-chemical parameters:
Any relevant CEN/ISO standards.
/images/ls
GIVEN under my Official Seal,
19 May 2016.
SIMON COVENEY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations give effect to Directive 2014/101/EU, which amends Annex V of the Water Framework Directive.
Annex V of the Water Framework Directive set out the parameters and criteria required to help ensure that the monitoring and assessment of water across all Member States was uniform and consistent. It established a number of international standards for monitoring of the quality elements related to macroinvertebrates used to classify water quality.
Since the adoption of the Water Framework Directive, a number of new standards have been published, which address sampling of phytoplankton; macrophytes and phytobenthos; benthic invertebrates; fish and hydromorphological standards. Directive 2014/101/EU updates section 1.3.6 of the Water Framework Directive to include these standards and removes some of the standards listed which are now obsolete.
Ireland had not previously transposed section 1.3.6 of Annex V of the Water Framework Directive and these Regulations now transpose that section as amended by Directive 2014/101/EU.
1 O.J. No. L311/32, 31 October 2014
S.I. No. 160/2016 –
European Union (Radioactive Substances in Drinking Water) Regulations 2016.
ARRANGEMENT OF REGULATIONS
1. Citation.
2. Interpretation.
3. Obligations of suppliers.
4. Point of compliance.
5. Monitoring and Assessment.
6. Protection of human health.
7. Remedial action.
8. Intervention by supervisory authority.
9. Information in case of exempted supplies.
10. Directions.
11. Injunctive relief.
12. Powers of authorised persons.
13. Charges by supervisory authorities.
14. Offences by bodies corporate.
15. Prosecutions and penalties.
Schedule
Part 1
Parametric Values
Part 2
Monitoring of radioactive substances
Part 3
Monitoring for indicative dose and analytical performance characteristics
S.I. No. 160 of 2016
EUROPEAN UNION (RADIOACTIVE SUBSTANCES IN DRINKING WATER) REGULATIONS 2016
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 15th April, 2016.
WHEREAS, I, ALAN KELLY, Minister for the Environment, Community and Local Government, having regard to Section 3(3) of the European Communities Act 1972 (as inserted by Section 2 of the European Communities Act 2007 ) (hereinafter referred to as the Act of 1972), consider it necessary for the purpose of giving effect to Council Directive 98/83/EC of 3 November 19981 and Directive 2013/51/Euratom of the European Parliament and of the Council of 22 October 20132 to make provision for offences under the following Regulations to be prosecuted on indictment:
AND WHEREAS, I consider that it is necessary, having further regard to Section 3(3) of the Act of 1972, and for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following Regulations are effective, proportionate and have a deterrent effect, having regard to the acts or omissions of which the offence consists, to make such provision in the following Regulations:
NOW THEREFORE, I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by Section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by the European Communities Act 2007 (No. 18 of 2007) and for the purpose of giving effect to Council Directive 98/83/EC of 3 November 19981, and Directive 2013/51/Euratom of the European Parliament and of the Council of 22 October, 20132, hereby make the following Regulations:
Citation.
1. These Regulations may be cited as the European Union (Radioactive Substances in Drinking Water) Regulations 2016.
Interpretation.
2. (1) In these Regulations, except where the context otherwise requires—
“the Agency” means the Environmental Protection Agency;
“authorised person” means a person appointed in writing by Irish Water or a local authority or the Agency to be an authorised person for the purposes of these Regulations;
“the Directive” means Council Directive 2013/51/Euratom of 22 October 2013 which lays down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption;
“exempted supply” means a supply of water which—
(a)(i) constitutes an individual supply of less than 10 cubic metres a day on average or serves fewer than 50 persons, and
(ii) is not supplied as part of a commercial or public activity, or
(b) is used exclusively for purposes in respect of which the relevant supervisory authority is satisfied that the quality of the water has no influence, either directly or indirectly, on the health of the general public concerned;
“indicative dose” or “ID” means the committed effective dose for one year of ingestion resulting from all the radionuclides whose presence has been detected in a supply of water intended for human consumption, of natural and artificial origin, but excluding tritium, potassium-40, radon and short-lived radon decay products;
“local authority” means—
(a) a city council,
(b) a county council, or
(c) a city and county council;
“Minister” means the Minister for the Environment, Community and Local Government;
“monitoring” includes auditing, inspection, measurement, sampling or analysis, whether periodic or continuous;
“parametric value” means the value of radioactive substances in water intended for human consumption above which it must be assessed whether the presence of such substances poses a risk to human health requiring action to improve the quality of water to a level which complies with the requirements for the protection of human health from a radiation protection point of view;
“premises” includes any building, structure or land (whether or not there are structures on the land), and any plant or related accessories on or under such land, or any hereditament of tenure, together with any outbuildings and curtilage;
“public water supply” means a water supply which is in the charge or ownership of Irish Water or any person acting jointly with it or on its behalf under a service level agreement or contract;
“radioactive substance” means any substance that contains one or more radionuclides the activity or concentration of which cannot be disregarded as far as radiation protection is concerned;
“supervisory authority” means—
(a) in the case of water intended for human consumption supplied by Irish Water or any person acting jointly with it or on its behalf, the Agency;
(b) in the case of water intended for human consumption supplied by any other person, the local authority in whose functional area the water is supplied, or the local authority otherwise designated under Regulation 5(3);
“water intended for human consumption” means—
(a) all water, either in its original state or after treatment, intended for drinking, cooking, food preparation or other domestic purposes, regardless of its origin and whether it is supplied from a distribution network, a tanker, or similar means;
(b) all water used in any food production undertaking for the manufacture, processing, preservation or marketing of products or substances intended for human consumption unless the supervisory authority is satisfied that the quality of the water cannot affect the wholesomeness of the foodstuff in its finished form,
other than—
(i) natural mineral waters, recognised as such by the responsible authority as defined in the European Communities (Natural Mineral Waters, Spring Waters and Other Waters in Bottles or Containers) Regulations 2007 ( S.I. No. 225 of 2007 ),
(ii) water supplied in bottles or containers,
(iii) waters which are medicinal products within the meaning of Council Directive 2001/83/EC of 6 November 20013 , or
(iv) an exempted supply;
“water supplier” means any person supplying water intended for human consumption.
(2) In these Regulations—
(a) a reference to a Regulation or the Schedule which is not otherwise identified is a reference to a Regulation or the Schedule of these Regulations,
(b) a reference to a paragraph, subparagraph or clause which is not otherwise identified is a reference to a paragraph, subparagraph or clause of the Regulation in which the reference occurs, and
(c) a reference to a Schedule or part of it includes, where the context permits, any accompanying notes.
Obligations of suppliers.
3. A water supplier shall ensure that water intended for human consumption shall be monitored to assess compliance with the parametric values laid down in Part 1 of the Schedule to these Regulations. In the event of non-compliance with the specified parametric values—
(a) it shall be assessed whether the non-compliance poses a risk to human health which requires action, and
(b) where necessary remedial action shall be taken by a water supplier, to improve the quality of water to a level which complies with requirements for the protection of human health from a radiation protection point of view.
Point of compliance.
4. (1) The point of compliance shall be in the case of—
(a) water supplied from a distribution network or a private source, at the point within a premises at which it emerges from the tap or taps that are normally used for the provision of water for human consumption;
(b) water supplied by tanker or similar means, at the point at which it emerges from the tanker;
(c) water used in a food-production undertaking, at the point where the water is used in the undertaking.
(2) The definition of points of compliance in paragraph (1) is without prejudice to the choice of sampling point, which may be any point within the supply zone or at the treatment works provided there is no adverse change in the concentration value between the sampling point and the point of compliance.
Monitoring and Assessment.
5. (1)(a) Irish Water shall be responsible for monitoring public water supplies for radioactive substances in accordance with the monitoring principles and frequencies set out in Part 2 of the Schedule, in order to check whether the values of radioactive substances comply with the parametric values specified in Part 1 of the Schedule.
(b) Irish Water shall be responsible for ensuring that public water supplies are monitored for the indicative dose, and analytical performance characteristics shall be in accordance with the requirements set out in Part 2 of the Schedule.
(c) The Agency shall verify compliance of water intended for human consumption supplied by Irish Water, or any person acting jointly with it or on its behalf, with the parametric values specified in Part 1 of the Schedule in accordance with Part 2 and Part 3 of the Schedule.
(2) Subject to paragraph (3), each local authority shall monitor compliance of water intended for human consumption supplied in its functional area by any supplier other than Irish Water, with the parametric values specified in Part 1 of the Schedule in accordance with Part 2 and Part 3 of the Schedule.
(3) Where a water supply referred to in paragraph (2) is provided within the functional area of two or more local authorities then the following applies;
(a) subject to subparagraph (b), those local authorities may decide that one of them shall perform the functions required under that paragraph in respect of that water supply;
(b) the Minister may direct those local authorities to nominate a single local authority from among themselves to perform those functions, and where the authorities fail to comply with such a direction the Minister may direct that a specified local authority shall perform them;
(c) the authority nominated under subparagraph (a), or specified under subparagraph (b) shall have such functions in regard to such supply as if it was provided solely in its functional area in the first instance;
(4)(a) For the purpose of establishing compliance with the parametric values specified in Part 1 of the Schedule and in view of fulfilling their respective obligations under paragraphs (1) and (2), each local authority and the Agency shall take all measures necessary to ensure that monitoring and assessment of water supplies for which it has supervisory responsibility, is carried out in accordance with any guidelines issued by the Agency under paragraph (5).
(b) Each supervisory authority shall be responsible for the enforcement of compliance with these Regulations by the water suppliers for whom it has supervisory responsibility under these Regulations.
(5) The Agency may issue guidelines on the manner, frequency and method by which parameters in Part 1 of the Schedule shall be monitored and on the procedures to be adopted for assessing whether water for human consumption poses a risk to human health from a radiation point of view.
(6) The Agency shall supervise the performance by Irish Water and each local authority of their monitoring and assessment functions under these Regulations, and may issue such direction to Irish Water or a local authority as it considers necessary to ensure that Irish Water or the local authority are complying with their obligations under these Regulations.
(7) Irish Water or a local authority shall comply with a direction from the Agency under paragraph (6).
(8) Irish Water or a local authority commits an offence if they fail to comply with a direction from the Agency under these Regulations.
(9) Regulation 18 of the European Union (Drinking Water) Regulations 2014 ( S.I. No. 122 of 2014 ) shall apply to these regulations with any necessary modifications.
Protection of human health.
6. (1) Where Irish Water or a local authority, in consultation with the Health Service Executive, considers that a supply of water intended for human consumption constitutes a potential danger to human health from a radiation protection point of view, Irish Water or the authority shall, subject to agreement with the Health Service Executive, ensure that—
(a) consumers are informed promptly thereof and given the necessary advice, and
(b) in the case of a public water supply, the Agency is informed promptly.
(2) For the purposes of paragraph (1), and subject to agreement with the Health Service Executive, where a supervisory authority is of the opinion that non-compliance with a water quality standard or other parametric value specified in Part 1 of the Schedule, in water intended for human consumption, constitutes, or may constitute, a risk to human health from a radiation protection point of view, the supervisory authority shall issue such direction to the relevant water supplier as it considers necessary to ensure that appropriate measures are taken for the purposes of preventing, limiting, eliminating or abating such risk, and the water supplier shall comply with such a direction.
(3) For the purposes of paragraph (2), a supervisory authority shall decide what action should be taken under this Regulation having due regard to the risks to human health that would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.
(4) The Agency may issue guidelines to assist Irish Water or a local authority to fulfil their obligations under this Regulation.
(5) A water supplier commits an offence if it fails to comply with a direction from a supervisory authority under this Regulation.
(6) Irish Water commits an offence if it fails to inform the Agency in accordance with paragraph (1)(b).
Remedial action.
7. (1)(a) Irish Water shall ensure that any failure to meet the parametric values specified in Part 1 of the Schedule in its water supply is immediately assessed to determine whether non-compliance poses a risk to human health which requires action.
(b) Each relevant local authority shall ensure that any failure to meet the parametric values specified in Part 1 of the Schedule in a water supply for which it is a supervisory authority, is immediately assessed to determine whether non-compliance poses a risk to human health which requires action.
(2) For the purposes of paragraph (1), where a water supplier discovers a failure to meet the values specified in Part 1 of the Schedule in its water supply, that person shall notify the relevant supervisory authority for that supply in accordance with such guidelines as the Agency may issue for that purpose.
(3) A water supplier commits an offence if that person fails to notify the relevant supervisory authority in accordance with paragraph (2).
(4) Subject to paragraph (5), where it is found, as a result of monitoring carried out for the purposes of these Regulations, that the quality of water intended for human consumption does not meet the parametric values specified in Part 1 of the Schedule and poses a risk to human health from a radiation protection point of view, the supervisory authority shall ensure that the necessary remedial action is taken by the water supplier in order to comply with requirements for the protection of human health from a radiation protection point of view.
(5) The Agency may issue guidelines in relation to the nature and timing of remedial, enforcement or other relevant action under this Regulation and Irish Water and local authorities shall take such guidelines fully into account when fulfilling their obligations under paragraph (4).
(6) Where remedial action is taken in relation to a water supply, the water supplier shall ensure that consumers are informed of such action.
(7) For the purposes of paragraph (1), each water supplier shall maintain a record of any incidence of failure to meet the parametric values specified in Part 1 of the Schedule, and such record shall include details of—
(a) the date of the incident,
(b) the extent and duration of the failure,
(c) the cause of the failure, and
(d) details of any complaint received arising from such failure.
(8) A water supplier commits an offence if that person fails to—
(a) comply with a direction under paragraph (4) and
(b) inform consumers in accordance with paragraph (6).
Intervention by supervisory authority.
8. (1) Having exercised such of its powers under these Regulations as it considers appropriate, and having considered any information furnished to it or otherwise coming into its possession in consequence of that exercise, each supervisory authority shall, with a view to achieving satisfactory compliance of water supplied for human consumption from a radiation protection point of view with the requirements of these Regulations do all or any of the following:
(a) issue such direction to a water supplier, as it considers necessary;
(b) provide, on such terms and conditions as may be agreed, such assistance or support as the supervisory authority considers, in consultation with the water supplier, would be helpful.
(2) Where a water supplier fails to comply with a direction issued under paragraph (1), the supervisory authority may carry out, cause to be carried out, or arrange for, such action as it considers necessary to ensure compliance with that direction, and the costs of such action may be recovered by the authority from the water supplier concerned as a simple contract debt in any court of competent jurisdiction.
Information in case of exempted supplies.
9. (1) Each relevant local authority shall take measures, in accordance with guidelines issued by the Agency, to notify the population served by an exempted supply of—
(a) the fact that these Regulations do not apply to such supply, and
(b) action that can be taken to protect human health from a radiation protection point of view of water intended for human consumption, and
(2) Where it is apparent to a local authority that a potential danger to human health arises from the quality of an exempted supply from a radiation protection point of view, it shall, in accordance with guidelines issued by the Agency, ensure that the consumers of that supply are given appropriate advice promptly.
(3) The Agency may issue guidelines for the purposes of paragraphs (1) or (2), which shall be binding.
(4) A local authority commits an offence if it fails to comply with paragraphs (1) or (2).
Directions.
10. (1) A supervisory authority may give such directions as it considers appropriate for the purposes of its functions under these Regulations.
(2) A person commits an offence if that person fails to comply with a direction under paragraph (1).
Injunctive relief.
11. (1) Where, on application by a supervisory authority to the High Court, the Court is satisfied that a person has failed to comply with a direction or a requirement of, or under, these Regulations, the Court may by order—
(a) direct the person to comply with the direction or requirement, and
(b) make such other provision, including provision in relation to the payment of costs, as the Court considers appropriate.
(2) An application for an order under this Regulation shall be by motion, and the High Court, when considering the matter, may make such interim or interlocutory order as it considers appropriate.
(3) An application for an order under this Regulation may be made whether or not there has been a prosecution for an offence under these Regulations in relation to the activity concerned, and shall not prejudice the initiation of a prosecution for an offence under these Regulations in relation to the activity concerned.
Powers of authorised persons.
12. (1) An authorised person may at all reasonable times, or at any time if that person has reasonable grounds for believing that there is or may be a risk to human health or life from radiation protection point of view, enter any premises for the purposes of these Regulations, and bring on to those premises such other persons or equipment, and carry out such work as that authorised person may consider necessary.
(2) When exercising the powers conferred under these Regulations, an authorised person shall, if so required, provide evidence of the authorised person’s authority.
(3) A person commits an offence if he or she—
(a) refuses to allow an authorised person on to a premises, or to allow an authorised person to bring any other person or equipment with him or her on to a premises or carry out any work in the exercise of the authorised person’s powers under these Regulations,
(b) obstructs or impedes an authorised person in the exercise of the authorised person’s powers,
(c) gives to an authorised person information which, to the knowledge of the person giving it, is false or misleading in a material respect, or
(d) fails or refuses to comply with a direction or requirement of an authorised person.
Charges by supervisory authorities.
13. (1) A supervisory authority may charge for monitoring the quality of water supplies intended for human consumption from a radiation protection point of view.
(2) A charge made by a supervisory authority by virtue of paragraph (1) shall be of such amount as the authority considers appropriate, but shall not exceed the cost of such monitoring.
(3) A supervisory authority may recover the amount of any charge made by it under paragraph (1) as a simple contract debt in any court of competent jurisdiction.
Offences by bodies corporate.
14. (1) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or of a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if that person was guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member was a director of the body corporate.
Prosecutions and penalties.
15. (1) A prosecution for an offence under these Regulations may be taken by the Agency, Irish Water or relevant local authority, as appropriate.
(2) A person guilty of an offence under Regulation 5(8), 6(5), 6(6), 7(3), 7(8), 9(4), 10(2) or 12(3) is liable—
(a) on summary conviction, to a Class A fine or imprisonment for a term not exceeding 3 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 3 years, or both.
SCHEDULE
Part 1
PARAMETRIC VALUES
/images/en.si.2016.0160.0001.jpg
Note 1: Remedial action is deemed to be justified on radiological protection grounds, without further consideration, where radon concentrations exceed 1000 Bq/l.
Note 2: Elevated levels of tritium may indicate the presence of other artificial radionuclides. If the tritium concentration exceeds its parametric value, an analysis of the presence of other artificial radionuclides shall be required.
Part 2
MONITORING OF RADIOACTIVE SUBSTANCES
1. General principles and monitoring frequencies
All parameters for which parametric values set out in Part 1 shall be subject to monitoring. However, no monitoring of a specific parameter shall be required where it can be established, that the parameter is not likely to be present in a given supply of water intended for human consumption in concentrations which could exceed the corresponding parametric value.
In case of naturally occurring radionuclides, where previous results have shown that the concentration of radionuclides is stable, the frequency, in derogation from the minimum sampling requirements set out in table A, is to be decided by the Agency, taking into consideration the risk to human health. Monitoring of water intended for human consumption is not required for radon or tritium or to establish the ID where the Agency is satisfied on the basis of representative surveys, monitoring data or other reliable information that, for a period of 6 years, the levels of radon, tritium or of the calculated ID will remain below the respective parametric values listed in Part 1. In that case, it shall communicate the grounds for its decision to the Commission and provide the Commission with the necessary documentation supporting that decision, including the findings of any surveys, monitoring or investigations carried out. In this context, the provisions with regard to the minimum sampling and analysis requirements set out in table A do not apply.
2. Radon
Irish Water and, where relevant, local authorities shall ensure that representative surveys are undertaken to determine the scale and nature of likely exposures to radon in water intended for human consumption originating from different types of ground water sources and wells in different geological areas. The surveys shall be designed in such a way that underlying parameters, and especially the geology and hydrology of the area, radioactivity of rock or soil, and well type, can be identified and used to direct further action to areas of likely high exposure. Monitoring of radon concentrations shall be undertaken where there is reason to believe, on the basis of the results of the representative surveys or other reliable information, that the parametric value laid down pursuant to Part 1 of the Schedule might be exceeded.
3. Tritium
Irish Water and, where relevant, local authorities shall ensure that monitoring of tritium in water intended for human consumption is carried out where an anthropogenic source of tritium or other artificial radionuclides is present within the catchment area and it cannot be shown on the basis of other surveillance programmes or investigations that the level of tritium is below the parametric value listed in Part I of the Schedule. Where monitoring for tritium is required, it shall be carried out at the frequencies indicated in table A. If the concentration of tritium exceeds its parametric value, an investigation of the presence of other artificial radionuclides shall be required.
4. Indicative dose
Monitoring of water intended for human consumption for the ID shall be carried out where a source of artificial or elevated natural radioactivity is present and it cannot be shown on the basis of other representative monitoring programmes or other investigations that the level of ID is below the parametric value listed in Part I. Where monitoring for artificial radionuclide levels is required, it shall be carried out at the frequency indicated in table A. Where monitoring for natural radionuclide levels is required, the Agency shall determine the frequency of the monitoring of either gross alpha activity, gross beta activity or individual natural radionuclides depending on the screening strategy adopted by it (according to Part 3 of the Schedule). The monitoring frequency may vary from a single check measurement to the frequencies indicated in the table appearing in table A. Where only a single check for natural radioactivity is required, a recheck shall be required at least where any change occurs in relation to the supply likely to influence the concentrations of radionuclides in water intended for human consumption.
5. Water treatment
Where treatment to reduce the level of radionuclides in water intended for human consumption has been taken, monitoring shall be carried out at the frequencies indicated in table A to ensure the continued efficacy of that treatment.
6. Minimum sampling and analysis frequencies
The minimum sampling and analysis frequency for the monitoring of water intended for human consumption supplied from a distribution network or from a tanker or used in a food production undertaking shall be as set out in the following table:
Table A
Minimum sampling and analysis frequencies for monitoring of water intended for human consumption supplied from a distribution network or from a tanker or used in a food production undertaking
/images/en.si.2016.0160.0002.jpg
Note 1: A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and within which water quality may be considered as being approximately uniform.
Note 2: The volumes are calculated as averages taken over a calendar year. The number of inhabitants in a supply zone may be used instead of the volume of water to determine the minimum frequency, assuming a water consumption of 200l/day/capita.
Note 3: As far as possible, the number of samples should be distributed equally in time and location.
Note 4: In the event of intermittent short-term supply the monitoring frequency of water distributed by tankers is to be decided by the water supplier concerned.
Note 5: The frequency is to be decided by the supervisory authority, subject to any relevant guidance issued by the Agency.
7. Averaging
Where a parametric value is exceeded in a particular sample, the supervisory authority, subject to any relevant guidance issued by the Agency shall define the extent of resampling necessary to ensure that the measured values are representative of an average activity concentration for a full year.
Part 3
MONITORING FOR INDICATIVE DOSE AND ANALYTICAL PERFORMANCE CHARACTERISTICS
1. Monitoring for compliance with the ID
Various reliable screening strategies may be used to indicate the presence of radioactivity in water intended for human consumption. These strategies may include screening for certain radionuclides, or screening for an individual radionuclide, or gross alpha activity or gross beta activity screening.
(a) Screening for certain radionuclides, or screening for an individual radionuclide
If one of the activity concentrations exceeds 20% of the corresponding derived value or the tritium concentration exceeds its parametric value listed in Part I, an analysis of additional radionuclides shall be required. The radionuclides to be measured shall be defined by the Agency taking into account all relevant information about likely sources of radioactivity.
(b) Screening strategies for gross alpha activity and gross beta activity
Screening strategies may be used for gross alpha activity and gross beta activity1 to monitor for the parametric indicator value for ID.
For this purpose gross alpha activity or gross beta activity screening levels shall be set. The recommended screening level for gross alpha activity is 0.1 Bq/l. The recommended screening level for gross beta activity is 1.0 Bq/l.
If the gross alpha activity and gross beta activity are less than 0.1 Bq/l and 1.0 Bq/l respectively, it is assumed that the ID is less than the parametric value of 0.1 mSv and radiological investigation is not needed unless it is known from other sources of information that specific radionuclides are present in the water that are liable to cause an ID in excess of 0.1 mSv.
If the gross alpha activity exceeds 0.1 Bq/l or the gross beta activity exceeds 1.0 Bq/l, analysis for specific radionuclides shall be required.
Alternative screening levels may be set for gross alpha activity and gross beta activity where they can demonstrate that the alternative levels are in compliance with an ID of 0.1 mSv.
The radionuclides to be measured shall be defined by the Agency taking into account all relevant information about likely sources of radioactivity. Since elevated levels of tritium may indicate the presence of other artificial radionuclides, tritium, gross alpha activity and gross beta activity should be measured in the same sample.
2. Calculation of the ID
The ID shall be calculated from the measured radionuclide concentrations and the dose coefficients laid down in Annex III, Table A of Directive 96/29/Euratom or more recent information recognised by the Agency, on the basis of the annual intake of water (730 l for adults). Where the following formula is satisfied, it may be assumed that the ID is less than the parametric value of 0.1 mSv and no further investigation shall be required:
/images/en.si.2016.0160.0003.jpg
where
Ci(obs) = observed concentration of radionuclide i
Ci(der) = derived concentration of radionuclide i
n = number of radionuclides detected.
Derived concentrations for radioactivity in water intended for human consumption1
/images/en.si.2016.0160.0004.jpg
3. Performance characteristics and methods of analysis
For the following parameters and radionuclides, the method of analysis used must, as a minimum, be capable of measuring activity concentrations with a limit of detection specified below:
/images/en.si.2016.0160.0005.jpg
Note 1: The limit of detection shall be calculated according to the ISO standard 11929 or equivalent: Determination of the characteristic limits (decision threshold, detection limit and limits of the confidence interval) for measurements of ionising radiation — Fundamentals and application, with probabilities of errors of 1st and 2nd kind of 0,05 each.
Note 2: Measurement uncertainties shall be calculated and reported as complete standard uncertainties, or as expanded standard uncertainties with an expansion factor of 1,96, according to the ISO Guide for the Expression of Uncertainty in Measurement.
Note 3: The limit of detection for tritium and for radon is 10% of its parametric value of 100 Bq/l.
Note 4: The limit of detection for gross alpha activity and gross beta activities are 40% of the screening values of 0,1 and 1,0 Bq/l respectively.
Note 5: This limit of detection applies only to initial screening for ID for a new water source; if initial checking indicates that it is not plausible that Ra-228 exceeds 20% of the derived concentration, the limit of detection may be increased to 0,08 Bq/l for routine Ra-228 nuclide specific measurements, until a subsequent re-check is required.
/images/ls
GIVEN under my Official Seal,
1 April 2016.
ALAN KELLY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
The purpose for which these Regulations are made is to lay down requirements for the protection of health of the general public with regard to radioactive substances in drinking water. They include requirements regarding monitoring for radioactive substances in drinking water and address the provision of information to the public.
1 O.J. No. L330/32, 5.12.1998
2 O.J. No. L 296/12 7.11.2013
3 O.J. No. L311/67, 28.11.2001
1Where appropriate, gross beta activity may be replaced by residual beta activity after subtraction of the K-40 activity concentration.
1 This table includes values for the most common natural and artificial radionuclides; these are precise values, calculated for a dose of 0.1 mSv, an annual intake of 730 litre and using the dose coefficients laid down in Annex III, Table A of Directive 96/29/Euratom; derived concentrations for other radionuclides can be calculated on the same basis, and values can be updated on the basis of more recent information recognised by the competent authorities in the Member State.
S.I. No. 355/2018 –
European Union Environmental Objectives (Freshwater Pearl Mussel) (Amendment) Regulations 2018
I, JOSEPHA MADIGAN, Minister for Culture, Heritage and the Gaeltacht, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006, Council Directive 92/43/EEC of 21 May 19921 and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000, hereby make the following regulations:
PART 1
PRELIMINARY AND GENERAL
Citation and construction
1. (1) These Regulations may be cited as the European Union Environmental Objectives (Freshwater Pearl Mussel) (Amendment) Regulations 2018.
(2) These Regulations and European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 ( S.I. No. 296 of 2009 ) may be cited together as the European Union Environmental Objectives (Freshwater Pearl Mussel) (Amendment) Regulations 2009 to 2018 and shall be construed together as one.
Interpretation
2. “Principal Regulations” means the European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 ( S.I. No. 296 of 2009 ).
PART 2
AMENDMENTS
Amendments to the Regulations of 2009
3. The First Schedule to these Regulations is substituted for the First Schedule of the Principal Regulations.
FIRST SCHEDULE
These Regulations apply to the habitats of the freshwater pearl mussel populations named hereunder that are within the boundaries of a site notified in a candidate list of European sites under the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ), or designated as a Special Area of Conservation under Regulations made in accordance with section 3 of the European Communities Act 1972 for the purpose of Article 4(4) of the EU Habitats Directive.
Freshwater pearl mussel population2
SAC Site Code
SAC Site Name
Rivers and lakes containing Margaritifera (list not exhaustive)
1
Bandon
002171
Bandon River cSAC
Bandon & Caha
2
Aughavaud (Barrow)
002162
River Barrow and River Nore cSAC
Aughavaud
3
Ballymurphy (Barrow)
002162
River Barrow and River Nore cSAC
Ballymurphy
4
Mountain (Barrow)
002162
River Barrow and River Nore cSAC
Mountain, Aughnabrisky
5
Bundorragha
001932
Mweelrea/ Shreefry/ Erriff Complex cSAC
Bundorragha
6
Caragh
000365
Killarney National Park, Macgillycuddy’s Reeks and Caragh River Catchment cSAC
Caragh, Owenroe, Meelagh, Caraghbeg, Glashawee, Lough Beg Stream, Lough Acoose, Cloon Lough
7
Clady
000140
Fawnboy Bog/ Lough Nacung cSAC
Clady
8
Owenriff (Corrib)
000297
Lough Corrib cSAC
Owenriff, Glengawbeg
9
Currane
000365
Killarney National Park, Macgillycuddy’s Reeks and Caragh River Catchment cSAC
Capall, Cummeragh
10
Dawros
002031
The Twelve Bens/ Garraun Complex cSAC
Dawros
11
Eske
000163
Lough Eske and Ardnamona Wood cSAC
Eske
12
Kerry Blackwater
002173 & 000365
Blackwater River (Kerry) cSAC & Killarney National Park, Macgillycuddy’s Reeks and Caragh River Catchment cSAC
Blackwater, Kealduff, Derreendarragh
13
Gearhameen (Laune)
000365
Killarney National Park, Macgillycuddy’s Reeks and Caragh River Catchment cSAC
Gearhameen & Owenreagh
14
Glaskeelan (Leannan)
002047
Cloghernagore Bog and Glenveagh National Park cSAC
Glaskeelan
15
Leannan
002176
Leannan River cSAC
Leannan
16
Allow (Munster Blackwater)
002170
Blackwater River (Cork/Waterford) cSAC
Allow
17
Licky
002170
Blackwater River (Cork/Waterford) cSAC
Licky
18
Newport
002144
Newport River cSAC
Newport
19
Nore
002162
River Barrow and River Nore cSAC
Nore
20
Owencarrow
002047
Cloghernagore Bog and Glenveagh National Park cSAC
Owencarrow
21
Owenea
000197
West of Ardara/Maas Road cSAC
Owenea
22
Owenmore
000375
Mount Brandon cSAC
Owenmore
23
Ownagappul
001879
Glanmore Bog cSAC
Ownagappul & Barrees
24
Cloon (Shannon Estuary)
002165
Lower River Shannon cSAC
Cloon
25
Derreen (Slaney)
000781
Slaney River Valley cSAC
Derreen
26
Clodiagh (Suir)
002137
Lower River Suir cSAC
Clodiagh
Margaritifera SACs Subcatchment Maps – October 2016
/images/en.si.2018.0355.0001.jpg
Map of the catchments of the specified freshwater pearl mussel populations. Catchments were delineated to the lowermost mussel contained within the boundaries of a site notified in a candidate list of European sites, or designated as a Special Conservation Area.
/images/ls
GIVEN under the Official Seal of the Minister for Culture, Heritage and the Gaeltacht.
4 September 2018.
JOSEPHA MADIGAN,
Minister for Culture, Heritage and the Gaeltacht.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of the Regulations of 2009 is ‘to support the achievement of favourable conservation status for freshwater pearl mussels’ and to that end they ‘set environmental quality objectives for the habitats of the freshwater pearl mussel in rivers named in the First Schedule to those Regulations.
The subsequent ‘Strategy for Conservation of the Freshwater Pearl Mussel in Ireland’ (September, 2011) set out a prioritised approach to the implementation of measures to conserve the species. The Strategy document recognised that it would be very unlikely that measures to restore the mussel population in the Munster Blackwater River would be effective: it has a very large catchment area but just 0.08% of the national pearl mussel population.
In line with scientific advice, the conservation objectives for the Blackwater Special Area of Conservation are to be amended to remove the pearl mussel as a qualifying interest in the main channel of the river, though retaining it for its tributaries named in the Schedule: the Allow and Licky.
The European Union Environmental Objectives (Freshwater Pearl Mussel) (Amendment) Regulations 2018 give effect to this change, omitting the Munster Blackwater main channel from the list of named habitats to the which the Regulations apply, by means of substituting the First Schedule to the Regulations of 2009 with the enclosed revised Schedule.
S.I. No. 77/2019 –
European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2019
“Iris Oifigiúil” 12th of March, 2019.
I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2013/39 EU1 of the European Parliament and of the Council of 12 August 2013 amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy; Commission Implementing Decision (EU) 2018/2292 of 12 February 2018 establishing, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, the values of the Member State monitoring system classifications as a result of the intercalibration exercise and repealing Commission Decision 2013/480/EU, and Commission Implementing Decision (EU) 2018/8403 of 5 June 2018 establishing a watch list of substances for Union-wide monitoring in the field of water policy pursuant to Directive 2008/105/EC of the European Parliament and of the Council and repealing Commission Implementing Decision (EU) 2015/495, hereby make the following Regulations:
1. These Regulations may be cited as the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2019.
2. In these Regulations –
“the 2009 Regulations” means the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No 272 of 2009 );
“the 2015 Regulations” means the European Union Environmental Objectives (Surface Waters (Amendment) Regulations) 2015 ( S.I. No. 386 of 2015 ).
3. The 2009 Regulations are amended in Schedule 5 by the substitution of the following Tables for Tables 8 and 9:
“Table 8 – Biological quality elements
RIVERS (All types)
Biological Quality Element
Classification System
River Type
Ecological Quality Ratio
High-good boundary
Good – moderate boundary
Macroinvertebrates
Quality Rating System (Q-value)
All
0.85
0.75
Phytobenthos
Revised form of Trophic Diatom Index (TDI)*
0.93
0.78
Fish
Fish Classification Scheme 2 Ireland (FCS2)
All
0.845
0.540
Note: *To be used only in rivers with alkalinity less than 150mg/l CaCO3
LAKES
Biological Quality Element
Classification System
Lake Type
Ecological Quality Ratio
High-good boundary
Good-moderate boundary
Phytoplankton
IE Lake Phytoplankton Index
All
0.80
0.60
Phytoplankton biomass(1)
(Chlorophyll) Type 1, 2, 3, 4, 13(2)
0.50
0.29
Phytoplankton biomass(1) (Chlorophyll)
Type 5, 6, 7, 8, 9, 10, 11, 12(2)
0.55
0.32
Fish
FIL2
All
0.76
0.53
Phytobenthos
Lake Trophic Diatom Index (IE)
High and moderate alkalinity(3)
0.90
0.63
Lake Trophic Diatom Index (IE)
Low alkalinity(3)
0.90
0.66
Macrophytes
Free Macrophyte Index
All
0.90
0.68
(1) Phytoplankton biomass can be used with caution for assessing lake ecological and trophic status when zebra mussels are present
(2) Type 1: Low altitude, low alkalinity, shallow and small lakes
Type 2: Low altitude, low alkalinity, shallow and large lakes
Type 3: Low altitude, low alkalinity, deep and small lakes
Type 4: Low altitude, low alkalinity, deep and large lakes
Type 5: Low altitude, moderate alkalinity, shallow and small lakes
Type 6: Low altitude, moderate alkalinity, shallow and large lakes
Type 7: Low altitude, moderate alkalinity, deep and small lakes
Type 8: Low altitude, moderate alkalinity, deep and large lakes
Type 9: Low altitude, high alkalinity, shallow and small lakes
Type 10: Low altitude, high alkalinity, shallow and large lakes
Type 11: Low altitude, high alkalinity, deep and small lakes
Type 12: Low altitude, high alkalinity, deep and large lakes
Type 13: Lakes >200m altitude
Where
Low altitude: ≤200m
High altitude: >200m
Low alkalinity lakes: ≤20 mg/l CaCO3
Moderate alkalinity lakes: 20-100 mg/l CaCO3
High alkalinity lakes: ≥ 100 mg/l CaCO3
Shallow lakes: <4 metres mean depth
Deep lakes: ≥4 metres mean depth
Small lakes: <50 hectares
Large lakes: ≥50 hectares
(3) Specific to the Phytobenthos BQE
Low alkalinity lakes <10 mg/l CaCO3
Moderate alkalinity lakes 10-50 mg/l CaCO3
High alkalinity lakes >50 mg/l CaCO3
COASTAL WATERS (All types with the exception of coastal water lagoons)
Biological Quality Element
Classification System
Ecological Quality Ratio
High-good boundary
Good-moderate boundary
Macroalgae
RSL – Rocky shore reduced species list
0.80
0.60
OGA Tool – Opportunistic Green Macroalgal Abundance
0.80
0.60
Angiosperms
Intertidal Seagrass tool
0.80
0.61
SMAATIE – Saltmarsh Angiosperm Assessment Tool for Ireland
0.80
0.60
Phytoplankton
Phytoplankton biomass(1)
(Chlorophyll) 0.82
0.60
Phytoplankton composition
0.80
0.60
Benthic invertebrate fauna
IQI — Infaunal Quality Index
0.75
0.64
(1) Growing season March to September
TRANSITIONAL WATERS (All types with the exception of transitional water lagoons)
Biological Quality Element
Classification System
Ecological Quality Ratio
High-good boundary
Good-moderate boundary
Macroalgae
OGA Tool — Opportunistic Green Macroalgal Abundance
0.80
0.60
Angiosperms
Intertidal Seagrass tool
0.80
0.61
Phytoplankton
Phytoplankton biomass (1) (Chlorophyll)
0.80
0.60
Phytoplankton composition
0.80
0.60
Fish
TFCI — Transitional Fish Classification Index
0.81
0.58
EMFI — Estuarine Multi-Metric Fish Index
0.92
0.65
Benthic invertebrate fauna
IQI — Infaunal Quality Index
0.75
0.64
(2) Growing season March to September
Table 9
Physico-chemical conditions supporting the biological elements
PART A: General conditions
THERMAL CONDITIONS
Thermal conditions
River water body
Lake water body
Transitional water body
Coastal water body
Temperature
Not greater than a 1.5°C rise in ambient temperature outside the mixing zone
OXYGENATION CONDITIONS (BIOCHEMICAL OXYGEN DEMAND)
Oxygenation conditions
River water body
Lake water body
Transitional water body
Coastal water body
Biochemical Oxygen Demand (BOD) (mg O2/l)
High status ≤ 1.3 (mean(1)) or ≤ 2.2 (95%ile)
High status ≤ 3.0 (95%ile)
Good status ≤ 1.5 (mean(1)) or ≤ 2.6 (95%ile)
Good status ≤ 4.0 (95%ile)
≤
(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications for chemical monitoring and quality of analytical results to be adopted in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
OXYGENATION CONDITIONS CONTINUED (DISSOLVED OXYGEN)
Oxygenation conditions
River water body
Lake water body
Transitional water body (Summer)
Coastal water body (Summer)
Dissolved oxygen lower limit
95%ile >80% saturation
High status (0-17 psu(1)) 95%ile >80% saturation
High status (>17-35 psu(2)) 95%ile >80-85% saturation
Good status (0-17 psu) 95%ile >70% saturation
Good status (>17-35 psu(2)) 95%ile >70-80% saturation
Dissolved oxygen upper limit
95%ile <120% saturation
High status (0 – 17 psu) 95%ile <120% saturation
High status (>17-35 psu(2)) 95%ile <115-120% saturation
Good status (0 – 17 psu(1)) 95%ile <130% saturation
Good status (>17-35 psu(2)) 95%ile <120-130% saturation
ACIDIFICATION STATUS
Acidification Status
River water body
Lake water body
Transitional water body
Coastal water body
pH (Individual values)
Soft(3)Water 4.5< pH < 9.0
Hard(4)Water 6.0< pH < 9.0
(1) psu: The Practical Salinity Unit defines salinity in terms of a conductivity ratio of a sample to that of a solution of 32.4356g of KCL at 15°C in 1kg of solution. A sample of seawater at 15°C with a conductivity equal to this KCL solution has a salinity of exactly 35 practical salinity units.
(2) Linear interpolation to be used to establish the limit value for water bodies between these salinity levels based on the median salinity of the water body being assessed.
(3) Water hardness 100 mg/1 CaCO3
(4) Water hardness > 100 mg/1 CaCO3
NUTRIENT CONDITIONS
Nutrient conditions
River water body
Lake
Transitional water body (winter and summer)
Coastal water body (winter and summer)
Total Ammonia (mg N/l)
High status ≤ 0.040 (mean) and ≤ 0.090 (95%ile)
Good status ≤ 0.065 (mean) and ≤ 0.140 (95%ile)
Dissolved Inorganic Nitrogen (mg N/l)
High status (0 psu (1)) ≤ 1.0
Good status (0 psu (1)) ≤ 2.6
High status (34.5 psu(1)) ≤ 0.17
Good status (34.5 psu(1)) ≤ 0.25
Molybdate Reactive Phosphorus (MRP)
High status ≤ 0.025 (mean) and ≤ 0.045 (95%ile)
High Status (0-17 psu (1)) ≤ 0.030 (median)
Good Status (0-17 psu (1)) ≤ 0.060 (median)
(mg P/l)
Good status ≤ 0.035 (mean) and ≤ 0.075 (95%ile)
(>17-35psu(1)) ≤ 0.030-0.025 (median)
(>17-35psu(1)) ≤ 0.060-0.040 (median)
Total Phosphorus
High status ≤ 0.010 (mean)
(mg P/l)
Good status ≤ 0.025 (mean)
(1) Linear interpolation to be used to establish the limit value for water bodies between these salinity levels based on the median salinity of the water body being assessed.”
4. The 2009 Regulations are amended in Schedule 6 by the substitution of the following Table for Table 12 as inserted by the 2015 Regulations:
“Table 12
The environmental quality standards (EQS) for priority hazardous substances to apply for the purpose of assigning chemical status
PRIORITY HAZARDOUS SUBSTANCES
AA: annual average1
MAC: maximum allowable concentration
Unit: [μg/l]
[μg/kg wet weight] for column (8)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
No
Name of substance
Chemical Abstracts Service number
AA-EQS2 Inland surface waters3
AA-EQS2 Other surface waters
MAC-EQS4 Inland surface waters3
MAC-EQS4 Other surface waters
EQS Biota5
(1)
Anthracene6
120-12-7
0.1
0.1
0.1
0.1
(2)
Brominated diphenyle ther6, 7
32534-81-9
0.14
0.014
0.0085
(3)
Cadmium and its compounds (depending on water hardness classes)8
7440-43-9
0.08 (Class 1) 0.08 (Class 2) 0.09 (Class 3) 0.15 (Class 4) 0.25 (Class 5)
0.2
0.45 (Class 1) 0.45 (Class 2) 0.6 (Class 3) 0.9 (Class 4) 1.5 (Class 5)
0.45 (Class 1) 0.45 (Class 2) 0.6 (Class 3) 0.9 (Class 4) 1.5 (Class 5)
(4)
C10-13 Chloroalkanes9
85535-84-8
0.4
0.4
1.4
1.4
(5)
Di(2-ethylhexyl)-phthalate (DEHP)
117-81-7
1.3
1.3
not applicable
not applicable
(6)
Endosulfan
115-29-7
0.005
0.0005
0.01
0.004
(7)
Hexachlorobenzene
118-74-1
0.05
0.05
10
(8)
Hexachlorobutadiene
87-68-3
0.6
0.6
55
(9)
Hexachlorocyclohexane
608-73-1
0.02
0.002
0.04
0.02
(10)
Mercury and its compounds
7439-97-6
0.07
0.07
20
(11)
Nonylphenol (4-Nonylphenol)
84852-15-3
0.3
0.3
2.0
2.0
(12)
Pentachloro-benzene
608-93-5
0.007
0.0007
not applicable
not applicable
(13)
Polyaromatic hydrocarbons (PAH)6,9
not applicable
not applicable
not applicable
not applicable
not applicable
***
Benzo(a)pyrene
50-32-8
1.7 x 10-4
1.7 x 10-4
0.27
0.027
5
***
Benzo(b)fluor-anthene
205-99-2
see footnote 10
see footnote 10
0.017
0.017
see footnote 10
***
Benzo(k)fluor-anthene
207-08-9
see footnote 10
see footnote 10
0.017
0.017
see footnote 10
***
Benzo(g,h,i)-perylene
191-24-2
see footnote 10
see footnote 10
8.2 x 10-3
8.2 x 10-4
see footnote 10
***
Indeno(1,2,3-cd)-pyrene
193-39-5
see footnote 10
see footnote 10
not applicable
not applicable
see footnote 10
***
(14)
Tributyltin compounds (Tributhyltincation)
36643-28-4
0.0002
0.0002
0.0015
0.0015
(15)
Trifluralin
1582-09-8
0.03
0.03
not applicable
not applicable
(16)
Dicofol11
115-32-2
1.3 x 10-3
3.2 x 10-5
not applicable12
not applicable12
33
(17)
Perfluoro-octane sulfonic acid and its derivatives (PFOS)11
1763-23-1
6.5 x 10-4
1.3 x 10-4
36
7.2
9.1
(18)
Quinoxyfen11
124495-18-7
0.15
0.015
2.7
0.54
(19)
Dioxins and dioxin-like compounds11
see footnote 10 Annex X to Directive 2000/60/EC
not applicable
not applicable
sum of PCDD+ PCDF+PCB-DL 0.0065 μg.kg-1 TEQ 13
(20)
Hexabromo-cyclododecane (HBCDD)11
see footnote 12 Annex X to Directive 2000/60/EC
0.0016
0.0008
0.5
0.05
167
(21)
Heptachlor and heptachlor epoxide11
76-44-8/1024-57-3
2 x 10-7
1 x 10-8
3 x 10-4
3 x 10-5
6.7 x 10-3
(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications for chemical monitoring and quality of analytical results to be adopted in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
(2) This parameter is the Environmental Quality Standard expressed as an annual average value (EQS-AA). Unless otherwise specified, it applies to the total concentration of all isomers.
(3) Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.
(4) This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (EQS-MAC). Where the MAC-EQS are marked as “not applicable”, the AA EQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on the basis of acute toxicity.
(5) Unless otherwise indicated, the biota EQS relate to fish. An alternative biota taxon, or another matrix, may be monitored instead, as long as the EQS applied provides an equivalent level of protection. For PAHs, the biota EQS refers to crustaceans and molluscs. For the purpose of assessing chemical status, monitoring of PAHs in fish is not appropriate. For Dioxins and dioxin-like compounds, the biota EQS relates to fish, crustaceans and molluscs, in line with section 5.3 of the Annex to Commission Regulation (EU) No. 1259/2011 of 2 December 2011 amending Regulation (EC) No. 1881/2006 as regards maximum levels for dioxins, dioxin-like PCBs and non-dioxin-like PCBs in foodstuffs (O.J. L 320, 3.12.2011, p. 18)
(6) The EQS for this substance shall take effect from 22 December 2015, with the aim of achieving good surface water chemical status in relation to these substances by 22 December 2021 by means of programmes of measures included in updates of river basin management plans produced in accordance with Article 13 of the 2003 Regulations.
(7) For the group of priority substances covered by brominated diphenylethers listed in Decision 2455/2001/EC, an EQS is established only for congener numbers 28, 47, 99, 100, 153 and 154.
(8) For Cadmium and its compounds the EQS values vary dependent upon the hardness of the water as specified in five class categories (Class 1: <40 mg CaCO3/l, Class 2: 40 to <50 mg CaCO3/l, Class 3: 50 to <100 mg CaCO3/l, Class 4: 100 to <200 mg CaCO3/l and Class 5: 200 mg CaCO3/l).
(9) No indicative parameter is provided for this group of substances. The indicative parameter(s) must be defined through the analytical method.
(10) For the group of priority substances of polyaromatic hydrocarbons (PAH), the biota EQS and corresponding AA-EQS in water refer to the concentration of benzo(a)pyrene, on the toxicity of which they are based. Benzo(a)pyrene can be considered as a marker for the other PAHs, hence only benzo(a)pyrene needs to be monitored for comparison with the biota EQS or the corresponding AA- EQS in water.
(11) The EQS for this substance shall take effect from 22 December 2018, with the aim of achieving good surface water chemical status in relation to this substance by 22 December 2027 and preventing deterioration in the chemical status of surface water bodies in relation to this substance.
(12) There is insufficient information available to set a MAC-EQS for these substances.
(13) PCDD: Polychlorinated dibenzo-p-dioxins; PCDF: polychlorinated dibenzofurans; PCB-DL: dioxin-like polychlorinated biphynels; TEQ: toxic equivalents according to the World Health Organisation 2005 Toxic Equivalent Factors.”
5. The 2009 Regulations are amended in Schedule 6 by the substitution of the following Table for Table 13 as inserted by the 2015 Regulations:
“Table 13
Watch list of substances for Union-wide monitoring as set out in Article 8b of Directive 2008/105/EC
Name of substance/group of substances
CAS number (1)
EU number (2)
Indicative analytical method (3) (4)
Maximum acceptable method detection limit (ng/l)
17-Alpha-ethinylestradiol (EE2)
57-63-6
200-342-2
Large-volume SPE – LC – MS-MS
0.035
17 – Beta-estradiol (E2), Estrone (E1)
50-28-2, 53-16-7
200-023-8
SPE – LC-MS-MS
0.4
Macrolide antibiotics (5)
***
***
SPE – LC-MS-MS
19
Methiocarb
2032 -65 -7
217-991-2
SPE – LC-MS-MS or GC-MS
2
Neonicotinoids (6)
***
***
SPE – LC-MS-MS
8.3
Metaflumizone
139968-49-3
604-167-6
LLE – LC-MS-MS or SPE – LC-MS-MS
65
Amoxicillin
26787-78-0
248-003-8
SPE – LC-MS-MS
78
Ciprofloxacin
85721-33-1
617-751-0
SPE – LC-MS-MS
89
(1) Chemical Abstracts Service.
(2) European Union number – not available for all substances.
(3) To ensure comparability of results from different Member States, all substances shall be monitored in whole water samples.
(4) Extraction methods:
LLE – liquid liquid extraction
SPE – solid-phase extraction
Analytical methods:
GC-MS – Gas chromatography-mass spectrometry.
LC-MS-MS – liquid chromatography (tandem) triple quadrupole mass spectrometry.
(5) Erythromycin (CAS number 114-07-8, EU number 204-040-1), Clarithromycin (CAS number 81103-11-9), Azithromycin (CAS number 83905-01-5, EU number 617-500-5).
(6) Imidacloprid (CAS number 105827-78-9/ 138261-41-3, EU number 428-040-8), Thiacloprid (CAS number 111988-49-9), Thiamethoxam (CAS number 153719-23-4, EU number 428-650-4), Clothianidin (CAS number 210880-92-5, EU number 433-460-1), Acetamiprid (CAS number 135410-20-7/ 160430-64-8).”
/images/en.si.2019.0030.0001.jpg
GIVEN under my Official Seal,
26 February 2019.
EOGHAN MURPHY,
Minister for Housing, Planning and Local Government.
EXPLANATORY NOTE
(This Note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 ), as amended by the European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2012 ( S.I. No. 327 of 2012 ) and the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015 ( S.I. No. 386 of 2015 ).
The purpose of the Regulations is to give effect to Commission Implementing Decision (EU) 2018/229 of 12 February 2018 establishing, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, the values of the Member State monitoring system classifications as a result of the intercalibration exercise and repealing Commission Decision 2013/480/EU; and Commission Implementing Decision (EU) 2018/840 of 5 June 2018 establishing a watch list of substances for Union-wide monitoring in the field of water policy pursuant to Directive 2008/105/EC of the European Parliament and of the Council and repealing Commission Implementing Decision (EU) 2015/495.
To ensure an acceptable level of comparability and consistency between Member States in the use of biological assessment methods and ecological quality ratios, a European-wide intercalibration exercise was undertaken. The results of these intercalibration exercises and intercalibrated values used in classification have been published as a series of Commission Decisions. The latest Decision contains a number of new intercalibrated methods and values for use in the classification of Irish surface waters, which are now given effect in these Regulations. The Regulations update existing environmental standards used in the assessment of ecological status, mainly by providing additional boundary values for existing environmental quality standards and the inclusion of a new environmental quality standard for total phosphorus in lakes and also correct some footnote errors.
The Regulations also provide for an updated watchlist to monitor concentrations of emerging pollutants and other substances of concern in the aquatic environment.
1 O.J. No. L226/1, 24 August 2013
2 O.J. No. L47/1, 20 February 2018
3 O.J. No. L141/9, 7 June 2018
For more detailed maps than those contained in the Schedule, or for greater detail on boundary delineation, contact should be made with the National Parks and Wildlife Service of the Department of Culture, Heritage and the Gaeltacht or by viewing the relevant text or map details on www.npws.ie.
1 OJ No. L206, 22.07.1992, P. 7
2Population named after river of highest stream-order that contains mussels.
S.I. No. 659/2021 –
European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2021
CONTENTS
Regulation
PART 1
PRELIMINARY AND GENERAL
1. Citation
2. Interpretation
PART 2
AMENDMENTS TO EUROPEAN COMMUNITIES ENVIRONMENTAL OBJECTIVES (SURFACE WATER) REGULATIONS
I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving full effect to Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, as amended by Directive 2013/39/EU of the European Parliament and of the Council of 12 August 2013 amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy and, for the purpose of transposing Commission Implementing Decision (EU) 2020/1161 of 4 August 2020 establishing a watch list of substances for Union-wide monitoring in the field of water policy pursuant to Directive 2008/105/EC of the European Parliament and of the Council, hereby make the following regulations:
PART 1
PRELIMINARY AND GENERAL
Citation
1. These Regulations may be cited as the European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2021.
Interpretation
2.
(1) In these Regulations –
“the 2009 Regulations” mean the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 );
“the 2015 Regulations” mean the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015 ( S.I. No. 386 of 2015 ).
(2) A word or expression that is used in these Regulations and is also used in Directive 2013/39/EU of the European Parliament and of the Council of 12 August 2013 amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy, and Commission Implementing Decision (EU) 2020/1161 of 4 August 2020 establishing a watch list of substances for Union-wide monitoring in the field of water policy pursuant to Directive 2008/105/EC of the European Parliament and of the Council has, unless the contrary intention appears, the same meaning in these Regulations as in the Directive and in the Decision concerned.
(3) In these amending regulations, for the purpose of clarification –
“Articles” refer to articles in the 2009 regulations;
“Regulations” refers to regulations in the 2015 regulations.
PART 2
AMENDMENTS TO REGULATIONS
Amendment of Regulation 41(4) of the 2009-Regulations
3. Regulation 41(4) of the 2009 Regulations (as amended by Regulation 9 of the 2015 Regulations) is replaced with the following:
(4) “Where a biota environmental quality standard is established for a substance in Tables 11 and 12 of Schedule 6 of these Regulations, the biota environmental quality standard shall be applied in the first instance by the Agency in determining chemical status of a given surface water body. Where no biota environmental quality standard has been established for a substance, the appropriate water environmental quality standard shall be applied as laid down in part A of Annex I to Directive 2013/39/EU.”
Amendment of Article 52 of the 2009 Regulations
4. Article 52 of the 2009 Regulations is replaced with the following:
“The Agency, in consultation with the relevant co-ordinating local authority for the river basin district, or part of a river basin district lying within the State, shall establish, or cause to be established for the river basin district or part thereof as appropriate, an inventory of emissions, including maps, discharges and losses of priority and priority hazardous substances and other pollutants, including concentrations of the substance in sediment and biota, listed in Tables 11 and 12 of Schedule 6 of these Regulations.”
Amendment of Article 57 of the 2009 Regulations
5. Article 57 of the 2009 Regulations is replaced with the following:
“The Agency shall, in relation to those priority and priority hazardous substances that tend to accumulate in sediment and/or biota, having particular regard to substances numbered 11 and 13 listed in Table 11 of Schedule 6 and 1, 2, 3, 4, 5, 7, 8, 9, 10, 12, 13, 14, 16, 17, 18, 19, 20 and 21 listed in Table 12 of Schedule 6, arrange or cause to have arranged, for the monitoring and long-term trend analysis of the concentrations of the said substances in sediment and/or biota at representative locations deemed appropriate by the Agency. In determining the substances and locations to be so monitored, the Agency shall have regard to the findings of the monitoring programmes prepared under Article 10 of the 2003 Regulations, other relevant information such as the results of analyses undertaken for the purpose of Article 7 of the 2003 Regulations as well as information arising from the preparation of the inventories referred to in Article 52 of these Regulations. The Agency shall determine the extent of locations to be monitored and the manner and frequency of monitoring so as to provide sufficient data for reliable long-term trend analysis. As a general rule, monitoring shall take place every three years unless the Agency determines another interval on the basis of technical knowledge or expert judgement.”
Amendment of Schedule 6 of the 2009 Regulations
6. Schedule 6, Table 12, footnote no. 7 (as inserted by the 2015 Regulations) is replaced with the following:
7 “For the group of priority substances covered by brominated diphenylethers listed in Decision 2455/2001/EC, an EQS is established and refers to the sum of concentrations of the specified congeners for numbers 28, 47, 99, 100, 153 and 154.”
Amendment of Schedule 6, Table 13 of the 2009 Regulations
7. The 2009 Regulations are amended in Schedule 6 by the replacement of Table 13 (as inserted by the 2015 Regulations) with the following updated Table 13:
Table 13
Watch list of substances for Union-wide monitoring as set out in Article 8b of Directive 2008/105/EC
Name of substance/group of substances
CAS number(1)
EU number(2)
Indicative analytical Method (3),(4)
Maximum acceptable method detection limit (ng/l)
Metaflumizone
139968-49-3
604-167-6
LLE-LC-MS-MS or SPE–LC-MS-MS
65
Amoxicillin
26787-78-0
248-003-8
SPE-LC-MS-MS
78
Ciprofloxacin
85721-33-1
617-751-0
SPE-LC-MS-MS
89
Sulfamethoxazole (5)
723-46-6
211-963-3
SPE-LC-MS-MS
100
Trimethoprim (5)
738-70-5
212-006-2
SPE-LC-MS-MS
100
Venlafaxine and O-
93413-69-5
618-944-2
SPE-LC-MS-MS
6
desmethylvenlafaxine (6)
93413-62-8
700-516-2
Azole compounds (7)
SPE-LC-MS-MS
Clotrimazole
23593-75-1
245-764-8
20
Fluconazole
86386-73-4
627-806-0
250
Imazalil
35554-44-0
252-615-0
800
Ipconazole
125225-28-7
603-038-1
44
Metconazole
125116-23-6
603-031-3
29
Miconazole
22916-47-8
245-324-5
200
Penconazole
66246-88-6
266-275-6
1 700
Prochloraz
67747-09-5
266-994-5
161
Tebuconazole
107534-96-3
403-640-2
240
Tetraconazole
112281-77-3
407-760-6
1 900
Dimoxystrobin
149961-52-4
604-712-8
SPE-LC-MS-MS
32
Famoxadone
131807-57-3
603-520-1
SPE-LC-MS-MS
8,5
(1) Chemical Abstracts Service
(2) European Union number.
(3) To ensure comparability of results from different Member States, all substances shall be monitored in whole water samples.
(4) Extraction methods: LLE – liquid liquid extraction SPE – solid-phase extraction Analytical methods: LC-MS-MS – Liquid chromatography (tandem) triple quadrupole mass spectrometry.
(5) Sulfamethoxazole and trimethoprim shall be analysed together in the same samples but reported as individual concentrations.
(6) Venlafaxine and O-desmethylvenlafaxine shall be analysed together in the same samples but reported as individual concentrations.
(7) The azole compounds shall be analysed together in the same samples but reported as individual concentrations
/images/ls
GIVEN under my Official Seal,
2 December, 2021.
DARRAGH O’BRIEN,
Minister for Housing, Local Government and Heritage.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These amendments are being brought in to ensure that the full requirements of Directives 2008/105/EU and 2013/39/EU are met. Amendments of the current watch list Table 13 is being replaced by updated Table 13 for the purpose of transposing Commission Implementing Decision (EU) 2020/1161 of 4 August 2020 establishing a watch list of substances for Union-wide monitoring in the field of water policy pursuant to Directive 2008/105/EC of the European Parliament and of the Council.
S.I. No. 286/2022 –
European Union (Drinking Water) (Amendment) Regulations 2022
I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 98/83/EC of 3 November 19981 on the quality of water intended for human consumption and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20002 establishing a framework for Community action in the field of water policy, as amended, hereby make the following regulations:
Citation
1. These Regulations may be cited as the European Union (Drinking Water) (Amendment) Regulations 2022.
Amendment of Regulation 4(2) of European Union (Drinking Water) Regulations 2014
2. Regulation 4(2) of the European Union (Drinking Water) Regulations 2014 ( S.I. No. 122 of 2014 ) is amended –
(a) in subparagraph (a), by substituting “health,” for “health, and”,
(b) in subparagraph (b), by substituting “Schedule, and” for “Schedule.”, and
(c) by inserting after subparagraph (b), the following subparagraph:
“(c) it meets the requirements of the Directive.”.
/images/ls
GIVEN under my Official Seal,
15 June, 2022.
DARRAGH O’BRIEN,
Minister for Housing, Local Government and Heritage.
1 OJ No. L 330, 05.12.1998, p. 32.
2 OJ No. L 327, 22.12.2000, p. 1.
S.I. No. 288/2022 – European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2022
View SIAmendments
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 17th June, 2022.
Regulation
PART 1
PRELIMINARY AND GENERAL
1. Citation
2. Definition
PART 2
AMENDMENTS TO PRINCIPAL REGULATIONS
3. Amendment of Article 3 of Principal Regulations
4. Artificial and heavily modified surface status classifications
5. Amendment of Article 32 of Principal Regulations
6. Amendment of Article 44 of Principal Regulations
7. Insertion of Part IVA into Principal Regulations
8. Amendment of Schedule 2 to Principal Regulations
9. Amendment of Schedule 4 to Principal Regulations
I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20001 establishing a framework for Community action in the field of water policy, as amended, hereby make the following regulations:
PART 1
PRELIMINARY AND GENERAL
Citation
1. These Regulations may be cited as the European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations.
Definition
2. In these Regulations, “Principal Regulations” means the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 ).
PART 2
AMENDMENTS TO PRINCIPAL REGULATIONS
Amendment of Article 3 of Principal Regulations
3. Article 3 of the Principal Regulations is amended in the definition of “ecological status” by substituting “Table 4A in Schedule 4” for “the Water Framework Directive”.
Artificial and heavily modified surface status classifications
4. The Principal Regulations are amended by inserting the following Article after Article 29:
“Artificial and heavily modified surface status classifications
29A. (1) The quality elements applicable to artificial and heavily modified surface water bodies shall be those applicable to whichever of the following natural surface water categories most clearly resembles the heavily modified or artificial water body concerned:
(a) rivers;
(b) lakes;
(c) transitional waters;
(d) coastal waters.
(2) For the purposes of these Regulations, the definitions in Table 4A in Schedule 4 shall apply.”.
Amendment of Article 32 of Principal Regulations
5. Article 32 of the Principal Regulations is amended by the substitution of the following paragraphs for paragraphs (1) and (2):
“(1) All practicable steps are taken to prevent further deterioration in status and in order not to compromise the achievement of the objectives of these Regulations in other bodies of water not affected by those circumstances;
(2) The conditions under which circumstances that are exceptional or that could not reasonably have been foreseen may be declared, including the adoption of the appropriate indicators, are stated in the river basin management plan;”.
Amendment of Article 44 of Principal Regulations
6. Article 44 of the Principal Regulations is amended by substituting “Table 4A in Schedule 4” for “section 1.2 of Annex V of the Water Framework Directive” in each place where it occurs.
Insertion of Part IVA into Principal Regulations
7. The Principal Regulations are amended by the insertion of the following Part after Part IV:
“PART IVA – MONITORING OF ECOLOGICAL AND CHEMICAL STATUS
Procedure for setting chemical quality standards
51A. (1) The Agency shall establish and maintain a surface water monitoring network in accordance with the requirements of this Article and article 10(1) of the 2003 Regulations.
(2) Where possible, the monitoring network referred to in paragraph (1), shall obtain both acute and chronic data for the taxa set out in paragraph (3) which are relevant for the water body type concerned as well as any other aquatic taxa for which data are available.
(3) The ‘base set’ of taxa, referred to in paragraph (2), are the following:
(a) algae or macrophytes;
(b) daphnia or representative organisms for saline waters;
(c) fish.
(4) In deriving environmental quality standards for pollutants listed in points 1 to 9 of Schedule 1 to the Waste Water Discharge (Authorisation) Regulations 2007 ( S.I. No. 684 of 2007 ) for the protection of aquatic biota, the Minister, having consulted with the Agency may set standards for water, sediment or biota.
(5) The monitoring network, under paragraph (1), shall be designed so as to provide a coherent and comprehensive overview of ecological and chemical status within each river basin and shall permit classification of water bodies into 5 classes consistent with the normative definitions in Table A in Schedule 4.
(6) River basin management plans shall provide a map or maps showing the surface water monitoring network under this Article.
(7) On the basis of the characterisation under article 7 of the 2003 Regulations and impact assessment carried out in accordance with articles 3 and 5 of those Regulations, for each period to which a river basin management plan applies, the Agency shall establish a surveillance monitoring programme, an operational monitoring programme and, where appropriate, a programme of investigative monitoring.
(8) The Agency shall carry out, or make arrangements to have carried out, the following:
(a) the monitoring of parameters which are indicative of the status of each relevant quality element;
(b) in selecting parameters for biological quality elements, the identification of the appropriate taxonomic level required to achieve adequate confidence and precision in the classification of the quality elements.
(9) Estimates of the level of confidence and precision of the results provided by the monitoring programmes established under this Article shall be –
(a) given in the plan, and
(b) set out in accordance with the standards mentioned in article 10K of the 2003 Regulations.
Setting the environmental quality standard
51B. The following procedure applies to the setting of a maximum annual average concentration:
(a) appropriate safety factors shall be set in each case consistent with –
(i) the nature and quality of the available data and the guidance given in section 3.3.1 of Part II of the ‘Technical guidance document in support of Commission Directive 93/67/EEC on risk assessment for new notified substances and Commission Regulation (EC) No 1488/94 on risk assessment for existing substances’, and
(ii) the safety factors set out in the Table to this Article;
(b) where data on persistence and bioaccumulation are available, these shall be taken into account in deriving the final value of the environmental quality standard;
(c) the standard thus derived should be compared with any evidence from field studies. Where anomalies appear, the derivation shall be reviewed to allow a more precise safety factor to be calculated;
(d) the standard derived shall be subject to peer review and public consultation including to allow a more precise safety factor to be calculated.
TABLE
Safety Factors
Safety factor
At least one acute L(E)C50 from each of three trophic levels of the base set
1,000
One chronic NOEC (either fish or daphnia or a representative organism for saline waters)
100
Two chronic NOECs from species representing two trophic levels (fish and/or daphnia or a representative organism for saline waters and/or algae)
50
Chronic NOECs from at least three species (normally fish, daphnia or a representative organism for saline waters and algae) representing three trophic levels
10
Other cases, including field data or model ecosystems, which allow more precise safety factors to be calculated and applied
Case-by-case assessment
Presentation of monitoring results and classification of ecological status and ecological potential
51C. (1) In the presentation of monitoring results and in the classification of ecological status and ecological potential, the Agency shall format the presentation in accordance with Tables 1 and 2 in Schedule 3.
(2) The Agency shall indicate, by a black dot on a relevant map, those bodies of water where failure to achieve good status or good ecological potential is due to non-compliance with one or more environmental quality standards which have been established for that body of water in respect of specific synthetic and non-synthetic pollutants (in accordance with the compliance regime concerned).
(3) For the purposes of this Article, in Table 2 in Schedule 3, the ecological potential classification for heavily modified and artificial water bodies is required to be represented by the lower of the values for biological and physiochemical monitoring results.
Standards for monitoring of quality elements
51D. The Agency shall ensure that the methods used for type parameters shall –
(a) conform to the international standards listed in the Tables to this Article in so far as they cover monitoring, or
(b) to such other national or international standards in a manner that shall ensure the provision of data of an equivalent scientific quality and comparability.
TABLE 1 – Standards for sampling of biological quality elements
Generic methods for use with the specific methods given in the standards relating to the following biological quality elements:
EN ISO 5667-3:2012
Water quality — Sampling — Part 3: Preservation and handling of samples
TABLE 2 – Standards for phytoplankton
EN 15204:2006
Water quality — Guidance standard on the enumeration of phytoplankton using inverted microscopy (Utermöhl technique)
EN 15972:2011
Water quality — Guidance on quantitative and qualitative investigations of marine phytoplankton
ISO 10260:1992
Water quality — Measurement of biochemical parameters —Spectrometric determination of the chlorophyll-a concentration
TABLE 3 – Standards for macrophyte and phytobenthos
EN 15460:2007
Water quality — Guidance standard for the surveying of macrophytes in lakes
EN 14184:2014
Water quality — Guidance for the surveying of aquatic macrophytes in running waters
EN 15708:2009
Water quality — Guidance standard for the surveying, sampling and laboratory analysis of phytobenthos in shallow running water
EN 13946:2014
Water quality — Guidance for the routine sampling and preparation of benthic diatoms from rivers and lakes
EN 14407:2014
Water quality — Guidance for the identification and enumeration of benthic diatom samples from rivers and lakes
TABLE 4 – Standards for benthic invertebrate
EN ISO 10870:2012
Water quality — Guidelines for the selection of sampling methods and devices for benthic macroinvertebrates in fresh waters
EN 15196:2006
Water quality — Guidance on sampling and processing of the pupal exuviae of Chironomidae (order Diptera) for ecological assessment
EN 16150:2012
Water quality — Guidance on pro rata multi-habitat sampling of benthic macro-invertebrates from wadeable rivers
EN ISO 19493:2007
Water quality — Guidance on marine biological surveys of hard-substrate communities
EN ISO 16665:2013
Water quality — Guidelines for quantitative sampling and sample processing of marine soft-bottom macro-fauna
TABLE 5 – Standards for fish
EN 14962:2006
Water quality — Guidance on the scope and selection of fish sampling methods
EN 14011:2003
Water quality — Sampling of fish with electricity
EN 15910:2014
Water quality — Guidance on the estimation of fish abundance with mobile hydroacoustic methods
EN 14757:2005
Water quality — Sampling of fish with multi-mesh gillnets
TABLE 6 – Standards for hydromorphological parameters
EN 14614:2004
Water quality — Guidance standard for assessing the hydromorphological features of rivers
EN 16039:2011
Water quality — Guidance standard on assessing the hydromorphological features of lakes
EN 1650:2014
Water quality – Guidance standard for assessing the hydromorphological features of transitional and costal waters
TABLE 7 – Standards for physico-chemical parameters
Any relevant CEN/ISO standards
”.
Amendment of Schedule 2 to Principal Regulations
8. Schedule 2 to the Principal Regulations is amended by inserting after paragraph 1 the following:
“1A. Measures required under the legislation specified in Article 10 of, and in part A of Annex VI to, the Water Framework Directive.”.
Amendment of Schedule 4 to Principal Regulations
9. Schedule 4 to the Principal Regulations is amended by inserting after Table 4 the following Table:
“Table 4A
Normative Definitions of ecological status classifications
For the purposes of Parts 1 to 4 the following shall apply:
(a) Waters achieving a status below moderate shall be classified as poor or bad;
(b) Waters showing evidence of major alterations to the values of the biological quality elements for the surface water body type and in which the relevant biological communities deviate substantially from those normally associated with the surface water body type under undisturbed conditions, shall be classified as poor.
(c) Waters showing evidence of severe alterations to the values of the biological quality elements for the surface water body type and in which large portions of the relevant biological communities normally associated with the surface water body type under undisturbed conditions are absent, shall be classified as bad.
Part 1
Ecological Status in Rivers
‘benthic invertebrate fauna’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.1 of Annex V to the Water Framework Directive;
‘fish fauna’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.1 of Annex V to the Water Framework Directive;
‘general conditions’ in the context of high, good or moderate status of physico-chemical quality elements, have the respective meanings given to them in Paragraph 1.2.1 of Annex V to the Water Framework Directive;
‘hydrological regime’ in the context of high, good or moderate status of hydromorphological quality elements, have the respective meanings given to them in Paragraph 1.2.1 of Annex V to the Water Framework Directive;
‘macrophytes and phytobenthos’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.1 of Annex V to the Water Framework Directive;
‘morphological conditions’ in the context of high, good or moderate status of hydromorphological quality elements, have the respective meanings given to them in Paragraph 1.2.1 of Annex V to the Water Framework Directive;
‘phytoplanton’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.1 of Annex V to the Water Framework Directive;
‘specific non-synthetic pollutants’ in the context of high, good or moderate status of physico-chemical quality elements, have the respective meanings given to them in Paragraph 1.2.1 of Annex V to the Water Framework Directive;
‘specific synthetic pollutants’ in the context of high, good or moderate status of physico-chemical quality elements, have the respective meanings given to them in Paragraph 1.2.1 of Annex V to the Water Framework Directive;
‘river continuity’ in the context of high, good or moderate status of hydromorphological quality elements, have the respective meanings given to them in Paragraph 1.2.1 of Annex V to the Water Framework Directive;
Part 2
Ecological Status in Lakes
‘benthic invertebrate fauna’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.2 of Annex V to the Water Framework Directive;
‘fish fauna’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.2 of Annex V to the Water Framework Directive;
‘general conditions’ in the context of high, good or moderate status of physico-chemical quality elements, have the respective meanings given to them in Paragraph 1.2.2 of Annex V to the Water Framework Directive;
‘hydrological regime’ in the context of high, good or moderate status of hydromorphological quality elements, have the respective meanings given to them in Paragraph 1.2.2 of Annex V to the Water Framework Directive;
‘morphological conditions’ in the context of high, good or moderate status of hydromorphological quality elements, have the respective meanings given to them in Paragraph 1.2.2 of Annex V to the Water Framework Directive;
‘macrophytes and phytobenthos’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.2 of Annex V to the Water Framework Directive;
‘phytoplanton’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.2 of Annex V to the Water Framework Directive;
‘specific non-synthetic pollutants’ in the context of high, good or moderate status of physico-chemical quality elements, have the respective meanings given to them in Paragraph 1.2.2 of Annex V to the Water Framework Directive;
‘specific synthetic pollutants’ in the context of high, good or moderate status of physico-chemical quality elements, have the respective meanings given to them in Paragraph 1.2.2 of Annex V to the Water Framework Directive;
Part 3
Ecological Status in Transitional waters
‘angiosperms’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.3 of Annex V to the Water Framework Directive;
‘benthic invertebrate fauna’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.3 of Annex V to the Water Framework Directive;
‘fish fauna’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.3 of Annex V to the Water Framework Directive;
‘general conditions’, in the context of high, good or moderate status of physico-chemical quality elements, have the respective meanings given to them in Paragraph 1.2.3 of Annex V to the Water Framework Directive;
‘macroalgae’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.3 of Annex V to the Water Framework Directive;
‘morphological conditions’, in the context of high, good or moderate status of hydromorphological quality elements, have the respective meanings given to them in Paragraph 1.2.3 of Annex V to the Water Framework Directive;
‘phytoplanton’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.3 of Annex V to the Water Framework Directive;
‘specific non-synthetic pollutants’, in the context of high, good or moderate status of physico-chemical quality elements, have the respective meanings given to them in Paragraph 1.2.3 of Annex V to the Water Framework Directive;
‘specific synthetic pollutants’, in the context of high, good or moderate status of physico-chemical quality elements, have the respective meanings given to them in Paragraph 1.2.3 of Annex V to the Water Framework Directive;
‘tidal regime’, in the context of high, good or moderate status of hydromorphological quality elements, have the respective meanings given to them in Paragraph 1.2.3 of Annex V to the Water Framework Directive;
Part 4
Ecological Status in Coastal waters
‘benthic invertebrate fauna’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.4 of Annex V to the Water Framework Directive;
‘general conditions’, in the context of high, good or moderate status of physico-chemical quality elements, have the respective meanings given to them in Paragraph 1.2.4 of Annex V to the Water Framework Directive;
‘macroalgae and angiosperms’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.4 of Annex V to the Water Framework Directive;
‘morphological conditions’, in the context of high, good or moderate status of hydromorphological quality elements, have the respective meanings given to them in Paragraph 1.2.4 of Annex V to the Water Framework Directive;
‘phytoplanton’, in the context of high, good or moderate status of biological quality elements, have the respective meanings given to them in Paragraph 1.2.4 of Annex V to the Water Framework Directive;
‘specific non-synthetic pollutants’, in the context of high, good or moderate status of physico-chemical quality elements, have the respective meanings given to them in Paragraph 1.2.4 of Annex V to the Water Framework Directive;
‘specific synthetic pollutants’, in the context of high, good or moderate status of physico-chemical quality elements, have the respective meanings given to them in Paragraph 1.2.4 of Annex V to the Water Framework Directive;
‘tidal regime’, in the context of high, good or moderate status of hydromorphological quality elements, have the respective meanings given to them in Paragraph 1.2.4 of Annex V to the Water Framework Directive;
Part 5
Ecological Potential for Heavily Modified or Artificial Water Bodies
‘biological quality elements’, in the context of maximum, good or moderate potential for heavily modified or artificial water bodies, have the respective meanings given to them in Paragraph 1.2.5 of Annex V to the Water Framework Directive.
‘hydromorphological elements’, in the context of maximum, good or moderate potential for heavily modified or artificial water bodies, have the respective meanings given to them in Paragraph 1.2.5 of Annex V to the Water Framework Directive.
‘general conditions’, in the context of maximum, good or moderate potential for heavily modified or artificial water bodies, have the respective meanings given to them in Paragraph 1.2.5 of Annex V to the Water Framework Directive.
‘specific non-synthetic pollutants’, in the context of maximum, good or moderate potential for heavily modified or artificial water bodies, have the respective meanings given to them in Paragraph 1.2.5 of Annex V to the Water Framework Directive.
‘specific synthetic pollutants’, in the context of maximum, good or moderate potential for heavily modified or artificial water bodies, have the respective meanings given to them in Paragraph 1.2.5 of Annex V to the Water Framework Directive.”.
/images/ls
GIVEN under my Official Seal,
15 June, 2022.
DARRAGH O’BRIEN,
Minister for Housing, Local Government and Heritage.
1 OJ No. L 327, 22.12.2000, p. 1.
S.I. No. 99/2023 –
European Union (Drinking Water) Regulations 2023
CONTENTS
Regulation
PART 1
PRELIMINARY AND GENERAL
1. Citation
2. Interpretation
3. Exemptions
PART 2
OBLIGATIONS IN RELATION TO WATER
4. General obligations
5. Assessment of water leakage
6. Quality standards
7. Point of compliance
8. Duties in relation to water on premises
PART 3
RISK
9. Risk-based approach to water safety
10. Risk assessment and risk management of catchment areas for abstraction points of water intended for human consumption
11. Risk assessment and risk management of supply system
12. Risk assessment of domestic distribution systems
PART 4
MONITORING AND INFORMATION
13. Monitoring
14. Information to members of the public
15. Protection of human health
16. Information on monitoring of implementation
17. Remedial action and restrictions of use
18. Derogations
PART 5
MINIMUM REQUIREMENTS
19. Minimum hygiene requirements for materials that come into contact with water intended for human consumption
20. Minimum requirement for treatment chemicals and filter media that come into contact with water intended for human consumption
21. Access to water intended for human consumption
PART 6
AUTHORISED OFFICERS
22. Authorised officers
23. Powers of authorised officers
PART 7
PENALTIES AND PROSECUTIONS
24. Penalties and prosecutions
25. Offences in relation to water
26. Offences by bodies corporate
PART 8
SUPERVISORY AUTHORITIES
27. Directions of supervisory authorities
28. Guidelines: practical guidance for water suppliers and supervisory authorities
29. Charges by supervisory authorities
30. Intervention, and performance verification, by supervisory authority
31. Injunctive relief
PART 9
FINAL PROVISIONS
32. Service of directions
33. Information sharing
34. Transitional provisions
35. Revocations
SCHEDULE 1
MINIMUM REQUIREMENTS FOR PARAMETRIC VALUES USED TO ASSESS THE QUALITY OF WATER INTENDED FOR HUMAN CONSUMPTION
Table A
Microbioloical paramaters
Table B
Chemical Parameters
Table C
Indicator parameters
Table D
Parameters relevant for the risk assessment of domestic distribution systems
SCHEDULE 2
MONITORING
Part 1
General objectives and monitoring programmes for water intended for human consumption
Part 2
Parameters and sampling frequencies
Part 3
Risk assessment and risk management of the supply system
Part 4
Sampling methods and sampling points
SCHEDULE 3
SPECIFICATIONS FOR THE ANALYSIS OF PARAMETERS
Part 1
Microbiological parameters for which methods of analysis are specified
Part 2
Chemical and indicator parameters for which performance characteristics are specified
SCHEDULE 4
INFORMATION TO THE PUBLIC
SCHEDULE 5
PRINCIPLES FOR SETTING METHODOLOGY REFERRED TO IN REGULATION 19
SCHEDULE 6
SOURCE PROTECTION
I, DARRAGH O’ BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20001 and Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 20202 , hereby make the following regulations:
PART 1
PRELIMINARY AND GENERAL
Citation
1. (1) These Regulations may be cited as the European Union (Drinking Water) Regulations 2023.
Interpretation
2. (1) In these Regulations—
“authorised officer” means a person appointed under Regulation 22 for the purposes of these Regulations;
“composition” means the chemical composition of a metal, enamel, ceramic or other inorganic material;
“CRU” means the Commission for Regulation of Utilities;
“digital means” means an internet website (including part of such a website), social media or application—
(a) to which access is readily available by members of the public, and
(b) where anything published is readily available for inspection by members of the public;
“Directive” means Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 20202 on the quality of water intended for human consumption (recast);
“distribution network” means that part of a supply system consisting of the system of pipes and tanks operated by a water supplier that store and convey drinking water from a water treatment works to a domestic distribution system;
“domestic distribution system” means the pipework, fittings and appliances, within the curtilage of a premises, which are installed between the distribution network and the taps in the premises that are normally used for the provision of water for human consumption in both public and private premises and the distribution network, but only if they are not the responsibility of the water supplier;
“EPA” means the Environmental Protection Agency;
“food business” has the meaning given to it in point (2) of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 20023 ;
“food business operator” has the meaning given to it in Regulation 3(6);
“FSAI” means the Food Safety Authority of Ireland;
“GSI” means the Geological Survey Ireland;
“hazard” means a biological, chemical, physical or radiological agent in water, or another aspect of the condition of water, with the potential to cause harm to human health;
“hazardous event” means an event that introduces hazards into, or fails to remove them from, the supply system of water intended for human consumption;
“HSE” means the Health Service Executive;
“ISO” means the International Organisation for Standardisation;
“local authority” means a local authority within the meaning of section 2 of the Local Government Act 2001 (No 37 of 2001);
“Minister” means the Minister for Housing, Local Government and Heritage;
“monitoring”, in respect of drinking water, includes its auditing, inspection, measurement, sampling or analysis, whether periodic or continuous during a period of time;
“owner” means, in relation to a premises, a person, other than a mortgagee not in possession, who, whether in that person’s own right or as a trustee or agent for any other person, is entitled to receive the rent of the premises or, where the premises are not let at a rent, would be so entitled if they were so let;
“point of compliance” shall be construed in accordance with Regulation 7;
“point of supply” means the point, typically at the outer edge of the curtilage of a premises, where a water distribution network ends and a domestic distribution system begins;
“premises” includes any building, structure or land (whether or not there are structures on the land), and any plant or related accessories on or under such land, or any hereditament of tenure, together with any outbuildings and curtilage;
“priority premises” means a large non-household premises with many users potentially exposed to water-related risks and includes, in particular, a large premises for public use, as identified by the water suppliers, in consultation with a supervisory authority, from time to time;
“private water supply” means a water supply, other than a public water supply;
“public water supply” means a water supply which is in the charge or ownership of Uisce Éireann or any person acting jointly with it, or on its behalf, under a service level agreement or contract;
“Regulations of 2003” means the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 );
“risk point” means an outlet or tap fitting in a domestic distribution system where a sample of water may be taken by the property owner, or occupier, to test for—
(a) proliferation of Legionella, and
(b) the water’s suitability for human consumption and compliance with these Regulations;
“source protection agencies” means those agencies or organisations that have been allocated a role in the risk assessment and risk management of the catchment areas for abstraction points of water intended for human consumption by these Regulations;
“starting substance” means a substance that has been intentionally added in the production of organic materials or of admixtures for cementitious materials;
“supervisory authority” means—
(a) in the case of water intended for human consumption supplied by Uisce Éireann or any person acting jointly with it or on its behalf, the EPA,
(b) in the case of water intended for human consumption supplied by any other person—
(i) the local authority in whose functional area the water is supplied, or
(ii) the local authority otherwise designated under Regulation 13(4), and
(c) in the case of maritime vessels, the EPA;
“supply system” means the infrastructure required for the abstraction, treatment, storage, and distribution of water intended for human consumption to the point of supply as provided, and maintained, by the water supplier;
“watch list” means the watch list as established, and updated, by the European Commission in accordance with Article 13(8) of the Directive;
“water intended for human consumption” means all water—
(a) either in its original state or after treatment, intended for drinking, cooking, food preparation or other domestic-type purposes in both public and private premises, regardless of its origin and whether it is supplied from a distribution network, from a private source, supplied from a tanker or similar means, and
(b) used in any food business for the manufacture, processing, preservation or marketing of products or substances intended for human consumption,
other than—
(i) natural mineral waters, within the meaning of the European Union (Natural Mineral Waters, Spring Waters and Other Waters in Bottles or Containers) Regulations 2016 ( S.I. No. 282 of 2016 ),
(ii) waters which are medicinal products within the meaning of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 4 ,
(iii) an exempted supply, or
(iv) water supplied in bottles or containers;
“water supplier”, as the context so requires, means any person supplying water intended for human consumption and includes the following:
(a) Uisce Éireann;
(b) a private water supplier;
“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20001 establishing a framework for Community action in the field of water policy.
(2) A word or expression that is used in these Regulations and that is also used in the Directive or the Water Framework Directive has, unless the contrary intention appears, the same meaning in these Regulations as in those Directives.
Exemptions
3. (1) Water suppliers supplying less than 10 cubic metres of water a day as an average or serving fewer than 50 persons as part of a commercial or public activity shall only be subject to—
(a) this Regulation,
(b) Regulations, 4, 5, 6, 7, 13, 17 and 18, and
(c) the relevant Schedules.
(2) For the purpose of these Regulations, a supply of water shall be exempted where the supply—
(a) (i) constitutes an individual supply of less than 10 cubic metres a day on average or serves fewer than 50 persons, and
(ii) is not supplied as part of a commercial or public activity, or
(b) is used exclusively for purposes in respect of which the relevant supervisory authority is satisfied that the quality of the water has no influence, either directly or indirectly, on the health of the consumers concerned.
(3) Subject to paragraph (4), these Regulations shall not apply to a food business operator with its own water supply, in relation to the water used for the specific purposes of the food business, where—
(a) the FSAI, or
(b) an official agency of the FSAI carrying out functions under a service contract pursuant to section 48 of the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998),
is satisfied that—
(i) the quality of the water supply cannot affect the safety of the foodstuff in its finished form, and
(ii) the water supply of the food business complies with relevant obligations, in particular under the procedures on hazard analysis and critical control point principles, where applicable, and remedial actions under relevant legislation on food.
(4) The exemption in paragraph (3) shall come into operation on 13 January 2026 and shall apply on and after that date.
(5) Maritime vessels that desalinate water, carry passengers and act as water suppliers shall only be subject to Regulations 4 to 7, 11 to 13 and 17 and any relevant Schedule.
(6) In this Regulation, “food business operator” has the meaning given to it in point (3) of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 20023 ;
PART 2
OBLIGATIONS IN RELATION TO WATER
General obligations
4. (1) Subject to any departure granted under Regulation 18, a water supplier shall ensure that all water intended for human consumption supplied by them is—
(a) wholesome and clean,
(b) does not present a risk to human health, and
(c) meets the requirements of these Regulations.
(2) For the purposes of paragraph (1), water shall be regarded as wholesome and clean where—
(a) it is free from any micro-organisms and parasites,
(b) it is free from any substances which in numbers, or concentrations, constitute a potential danger to human health,
(c) it meets the quality standards set out in Tables A, B and D in Schedule 1, and
(d) the water supplier concerned has taken all measures necessary to comply with Parts 2 to 4.
(3) A person, in respect of a supply of water which is intended for human consumption, shall not act in a manner that deliberately or carelessly poses a risk to human health.
(4) Measures taken by a supervisory authority or a water supplier to apply the provisions of these Regulations are based on the precautionary principle and shall not allow, directly or indirectly, either—
(a) any deterioration in the existing quality of water intended for human consumption, so far as that is relevant for the protection of human health, or
(b) any deterioration in the existing quality of waters used for the production of drinking water.
(5) Each water supplier shall take measures, in accordance with guidelines made, and published, by the EPA under Regulation 28, to notify the population served by an exempted supply of—
(a) the fact that these Regulations do not apply to such supply, and
(b) action that can be taken to protect human health from the adverse effects resulting from any contamination of water intended for human consumption.
(6) Where it is apparent to a water supplier that a potential danger to human health arises from the quality of an exempted supply, it shall, in accordance with guidelines mentioned in paragraph (5), ensure that the consumers of that supply are given appropriate advice promptly.
(7) A person that fails to comply with paragraph (1), (5) or (6) commits an offence.
(8) A person that contravenes paragraph (3) commits an offence.
Assessment of water leakage
5. (1) Not later than 31 December 2025, water suppliers to which these Regulations apply shall—
(a) undertake an assessment of water leakage levels within their distribution network, and
(b) evaluate the potential for improvements in water leakage reduction within their distribution network,
using the infrastructural leakage index (ILI) rating method or another appropriate method.
(2) The assessment, referred to in paragraph (1)—
(a) shall take into account relevant public health, environmental, technical and economic aspects for all water suppliers—
(i) supplying not less than 10,000 cubic metres of water per day, or
(ii) serving not less than 50,000 people,
and outline any action plans necessary for the purpose of reducing the water leakage rate, and
(b) shall be evaluated by—
(i) the CRU for economic criteria, and
(ii) the EPA for other relevant criteria,
with the EPA approving, in writing, the assessment in relation to the preparation and implementation of action plans for the purposes of reducing the water leakage rate.
(3) Not later than two years after the date of adoption by the European Commission of the delegated act referred to in the third subparagraph of Article 4(3) of the Directive, where a leakage rate exceeding the threshold set out in the delegated act exists, the water supplier concerned shall present an action plan to the CRU and the EPA laying down a set of measures to be taken in order to reduce the leakage rate and such action plan, on approval of the EPA, shall be transmitted by the EPA to the European Commission.
(4) A water supplier that fails to undertake an assessment of water leakage, required under this Regulation, commits an offence.
Quality standards
6. (1) The parametric values for the quality standards applicable to water intended for human consumption are set out in Schedule 1.
(2) The parametric values mentioned in paragraph (1), or set by the Minister under paragraph (4), shall not be less stringent than those set out in Tables A to D in Schedule 1.
(3) As regards the parameters set out in Table C in Schedule 1, the values are solely for monitoring purposes and to ensure that the requirements set out in Regulation 17 are met.
(4) The Minister, following consultation with—
(a) the EPA,
(b) the HSE
(c) the water supplier concerned, and
(d) any organisation, or person, that the Minister considers appropriate having regard to all the circumstances,
may set values for additional parameters not set out in Schedule 1, where the protection of human health within the State or part of it so requires and these values set shall, at a minimum, satisfy the requirements of Regulation 4.
Point of compliance
7. Subject to the parametric values—
(a) set in accordance with Regulation 6, and
(b) set out in Schedule 1,
measurement of compliance with the parametric values set out in Tables A and B in Schedule 1 shall be made in the case of the following:
(i) water intended for human consumption supplied from a distribution network or a private source, at the point within a premises at which it emerges from the tap or taps that are normally used for the provision of water for human consumption (in these Regulations referred to as the point of compliance);
(ii) water supplied by tanker or similar means, at the point at which it emerges from it;
(iii) risk points in a domestic distribution system;
(iv) water intended for human consumption used in a food business, at the point at which the water is used in that business.
Duties in relation to water on premises
8. (1) A water supplier supplying water intended for human consumption in accordance with Regulation 7 shall not be in breach of its obligations under Regulations 4(1) and 17 where non-compliance with the parametric values mentioned in Regulation 6 is due to the domestic distribution system in a premises, or the maintenance thereof, not being in the charge, or control, of the water supplier in its capacity as a water supplier.
(2) The owner of a premises to which water is supplied for human consumption as part of a commercial or public activity including, but not limited to, priority premises, shall maintain the domestic distribution system of the premises in such a condition that it does not cause, contribute to, or give rise to a risk of non-compliance of that water with a parametric value specified in—
(a) Tables A to C, or
(b) where there is a risk to public health, Table D,
in Schedule 1.
(3) In a case of non-compliance referred to in paragraph (1), where there is a risk that water intended for human consumption covered by paragraph (2) would not comply with the parametric values mentioned in Regulation 6(1), the water supplier concerned may issue a direction, or advice, that—
(a) (i) appropriate measures are taken to reduce or eliminate the risk of non-compliance with the parametric values, including advising the property owners concerned—
(I) of any possible remedial action which could be taken by them, and
(II) if necessary, that other measures such as appropriate treatment techniques are taken to change the nature of the properties of the water before it is supplied so as to reduce or eliminate the risk of the water not complying with the parametric values after supply, and
(ii) other measures are taken, such as application of appropriate treatment techniques, to change the nature or properties of the water before it is supplied so as to reduce or eliminate the risk of the water not complying with the parametric value after supply, and
(b) the consumers concerned are duly informed and advised of any possible additional remedial action that should be taken by them.
(4) A person that—
(a) fails to comply with paragraph (2), or
(b) fails to comply with a direction issued under paragraph (3),
commits an offence.
PART 3
RISK
Risk-based approach to water safety
9. (1) The supply, treatment and distribution of water intended for human consumption shall be subject to the application of a risk-based approach that covers the whole supply chain from the catchment area, abstraction, treatment, storage and distribution of water to the point of compliance specified in Regulation 7.
(2) The risk-based approach mentioned in paragraph (1) shall entail the following elements:
(a) risk assessment and risk management of the catchment areas for abstraction points of water intended for human consumption in accordance with Regulation 10;
(b) risk assessment and risk management for each supply system that includes the abstraction, treatment, storage and distribution of water intended for human consumption to the point of supply carried out by the water suppliers in accordance with Regulation 11;
(c) risk assessment of the domestic distribution systems in accordance with Regulation 12.
(3) The implementation of the risk-based approach, mentioned in paragraph (1), may be adapted without compromising the objective of these Regulations concerning the quality of water intended for human consumption and the health of consumers, when there are particular constraints due to geographical circumstances such as remoteness or limited accessibility of the water supply zone.
(4) The risk assessment and risk management of the catchment areas for abstraction points of water intended for human consumption shall be carried out by the water supplier concerned for the first time not later than 12 July 2027.
(5) The risk assessment and risk management, mentioned in paragraph (4), shall be reviewed at regular intervals of not greater than six years, taking account of the requirements provided for in Regulation 10, and updated where necessary.
(6) The risk assessment and risk management of each supply system shall reflect the water safety plan approach set out in the World Health Organisation Guidelines and shall—
(a) be carried out for the first time not later than 12 January 2029, and
(b) be reviewed by the water supplier at regular intervals of not less than 6 years and updated where necessary.
(7) The EPA may review and assess the risk assessment and risk management, carried out under paragraph (6), including drinking water safety plans prepared by water suppliers, and provide feedback thereon to the water supplier concerned.
(8) A water supplier shall ensure that the corrective actions recommended in the risk assessment and risk management, including any feedback received under paragraph (7), are undertaken.
(9) The risk assessment of the domestic distribution systems shall be carried out for the first time not later than 12 January 2029 and that risk assessment shall be reviewed not later than each 6 years occurring after the anniversary of that date and updated where necessary.
Risk assessment and risk management of catchment areas for abstraction points of water intended for human consumption
10. (1) Having consulted with water suppliers, the EPA shall identify, within each river basin district, the following:
(a) all bodies of water used for the abstraction of water intended for human consumption providing more than 10 cubic metres a day as an average or serving more than 50 persons;
(b) those bodies of water intended for such future use.
(2) For each body of water identified under paragraph (1), in addition to meeting the objectives of Article 4 of the Water Framework Directive for surface water bodies including the quality standards established at European Union level under Article 16 of the Water Framework Directive, a water supplier shall ensure that under the water treatment regime applied, and in accordance with Community legislation, the resulting water will meet the requirements of these Regulations.
(3) (a) Without prejudice to Articles 4 to 8 of the Water Framework Directive, the source protection agencies, identified in Schedule 6, shall ensure that risk assessment and risk management of the catchment areas for abstraction points of water intended for human consumption are carried out.
(b) The Minister shall, not later than 12 months after the date of the coming into operation of these Regulations, publish guidelines, on a website maintained by the Minister, outlining the required coordinated approach, including the respective roles, and responsibilities, of the supervisory authorities and Uisce Éireann, to the State’s obligations under the Directive and the Water Framework Directive for the protection of drinking water.
(4) The source protection agencies shall ensure that the risk assessment, mentioned in paragraph (1), includes the following elements:
(a) characterisation of the catchment areas for abstraction points including the following:
(i) identification and mapping of the catchment areas for abstraction points;
(ii) mapping of the safeguard zones, where those zones have been established in accordance with Article 7(3) of the Water Framework Directive;
(iii) geo-references for all abstraction points in the catchment areas; given that those data are potentially sensitive, in particular in the context of public health and public security, the source protection agencies shall ensure that such data are protected and communicated only to the relevant authorities and water suppliers;
(iv) description of land-use, runoff and recharge processes in the catchment areas for abstraction points;
(b) identification of hazards and hazardous events in the catchment areas for abstraction points and an assessment of the risk they could pose to the quality of water intended for human consumption; that assessment shall assess potential risks that might cause deterioration of the water quality to the extent that it could constitute a risk to human health;
(c) appropriate monitoring in surface water or groundwater, or both, in the catchment areas for abstraction points, or in raw water, of relevant parameters, substances or pollutants selected from the following:
(i) parameters set out in Tables A and B in Schedule 1 or set in accordance with Regulation 6;
(ii) groundwater pollutants in Schedule 4 to the European Communities Environmental Objectives (Groundwater) Regulations 2010 ( S.I. No. 9 of 2010 ), and pollutants and indicators of pollution for which threshold values have been established by the State in accordance with Schedule 6 to those Regulations;
(iii) priority substances and certain other pollutants in—
(I) Table 11 (amended by Regulation (16) of the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015 ( S.I. No. 386 of 2015 )), and
(II) Table 12 (amended by Regulation 4 of the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2019 ( S.I. No. 77 of 2019 )),
in Schedule 6 to the European Union Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 );
(iv) river basin specific pollutants in—
(I) Table 7, and
(II) Table 10,
in Schedule 5 to the European Union Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 );
(v) other pollutants relevant for water intended for human consumption established by the State on the basis of the information collected in accordance with paragraph (2);
(vi) naturally occurring substances that could constitute a potential danger for human health through use of water intended for human consumption;
(vii) substances and compounds included in the watch list.
(5) For the purposes of paragraph (4), reliance may be placed on information collected in accordance with this Regulation and Articles 5 and 7 of the Water Framework Directive.
(6) For the purposes of paragraph (4), reliance may be placed on the review of the impact of human activity undertaken in accordance with Regulation 10 of these Regulations and Article 5 of the Water Framework Directive and information on significant pressures—
(a) collected for the purpose of points 1.4 and 1.5 of Annex II to the Water Framework Directive, and
(b) in articles 10A to 10K (inserted by Regulation 10 of the European Union (Water Policy) (Amendment) Regulations 2022 ( S.I. No. 166 of 2022 )) of the Regulations of 2003 ( S.I. No. 722 of 2003 )).
(7) The source protection agencies shall select from paragraph (4)(c)(i) to (vii) the parameters, substances or pollutants that are considered relevant for monitoring in light of the hazards and hazardous events identified under paragraph (4)(b) or in light of the information provided by the water suppliers in accordance with paragraph (6).
(8) For the purpose of appropriate monitoring as referred to in paragraph (4)(c), including to detect new substances that are harmful to human health through use of water intended for human consumption, source protection agencies may use the monitoring performed in accordance with Regulation 10 of these Regulations, Articles 7 and 8 of the Water Framework Directive or other legislation of the State, relevant to the catchment areas for abstraction points.
(9) Water suppliers that perform monitoring in the catchment areas for abstraction points or in raw water shall be required to share that data with, and when required inform, the supervisory authorities of trends in, and of unusual numbers or concentrations of, monitored parameters, substances or pollutants.
(10) On the basis of the outcome of the risk assessment carried out in accordance with paragraph (4), the source protection agencies shall ensure that the following risk management measures to prevent or control the risks identified are taken as relevant, starting with the preventive measures:
(a) defining and implementing preventive measures in the catchment areas for abstraction points in addition to the measures foreseen or taken in a accordance with paragraph 4 of Schedule 2 to the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 ), where required to safeguard the quality of the water intended for human consumption; where appropriate, those preventive measures shall be included in the programmes of measures referred to in article 12 of the Regulations of 2003; where appropriate, the source protection agencies shall ensure that polluters, in cooperation with water suppliers and other relevant stakeholders, take such preventive measures in accordance with the Water Framework Directive;
(b) defining and implementing mitigation measures in the catchment areas for abstraction points in addition to the measures foreseen or taken in accordance with paragraph 4 of Schedule 2 to the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 ), where required to safeguard the quality of the water intended for human consumption; where appropriate, those mitigation measures shall be included in the programmes of measures referred to in article 12 of the Regulations of 2003; where appropriate, the source protection agencies shall ensure that polluters, in cooperation with water suppliers and other relevant stakeholders, take such mitigation measures mentioned in the Water Framework Directive;
(c) ensuring appropriate monitoring of parameters, substances or pollutants in surface water or groundwater, or both, in the catchment areas of abstraction points, or in raw water, that could constitute a risk to human health through water consumption or lead to unacceptable deterioration of the quality of water intended for human consumption and that have not been taken into consideration in the monitoring performed in accordance with Regulation 10 of these Regulations and article 10 of the Regulations of 2003; where appropriate, this monitoring shall be included in the monitoring programmes referred to in article 10 of the Regulations of 2003;
(d) evaluation of the need to establish or adapt safeguard zones for groundwater and surface water, as referred to in Article 7(3) of the Water Framework Directive, and any other relevant zones.
(11) The detailed description of the roles and responsibilities of the source protection agencies, under Schedule 6, may be further outlined in guidelines which shall –
(a) be made by the Minister, and published on a website maintained by him and her, not later than 12 months of the date of the coming into operation of these Regulations, and
(b) ensure that the effectiveness of any measures referred to in paragraph (10) are reviewed at appropriate intervals.
(12) Source protection agencies shall ensure that water suppliers and supervisory authorities have access to the information referred to in paragraphs (4) and (9) and, in particular, relevant water suppliers shall have access to the monitoring results obtained under paragraph (4)(c).
(13) On the basis of the information referred to in paragraphs (4) and (9) —
(a) water suppliers may be required by the relevant supervisory authority from time to time to perform additional monitoring or treatment of certain parameters, and
(b) subject to appropriate monitoring of the parameters concerned being performed when reviewing the risk assessment and risk management of the catchment areas for abstraction points, in accordance with Regulation 9(4), the relevant supervisory authority may allow water suppliers to decrease the monitoring frequency of a parameter, or to remove a parameter from the list of parameters to be monitored by the water supplier in accordance with Regulation 13(2)(a), without being required to carry out a risk assessment of the supply system, provided that—
(i) the parameter is not a core parameter within the meaning of point 1 of Part 2 of Schedule 2, and
(ii) no factor that can be reasonably anticipated is likely to cause deterioration of the quality of water intended for human consumption.
(14) Where a water supplier is allowed to decrease the monitoring frequency of a parameter or remove a parameter from the list of parameters to be monitored, as referred to paragraph (13), the supervisory authority shall ensure that appropriate monitoring of those parameters is performed when reviewing the risk assessment and risk management of the catchment areas for abstraction points, in accordance with Regulation 9(4) and (5).
Risk assessment and risk management of supply system
11. (1) The supervisory authority shall ensure that risk assessment and risk management of the supply system are carried out by each water supplier for all water supplies—
(a) 10 cubic metres, or greater, per day as an average, or
(b) serving 50, or more, persons.
(2) A water supplier shall ensure that the risk assessment of the supply system mentioned in paragraph (1)—
(a) takes into account the results of the risk assessment and risk management of the catchment areas for abstraction points carried out in accordance with Regulation 10,
(b) includes a description of the supply system from the abstraction point, treatment, storage and distribution of water to the point of supply, and
(c) identifies the hazards and hazardous events in the supply system and includes an assessment of the risks they could pose to human health through use of water intended for human consumption, taking into consideration risks stemming from climate change, leakage and leaking pipes.
(3) On the basis of the outcome of the risk assessment carried out in accordance with paragraph (2), the water supplier shall ensure that the following risk management measures are taken:
(a) defining and implementing control measures for the prevention and mitigation of the risks identified in the supply system that could compromise the quality of water intended for human consumption;
(b) defining and implementing control measures in the supply system in addition to the measures foreseen or taken in accordance with Regulation 10(10) or article 12 of the Regulations of 2003, for the mitigation of risks coming from the catchment areas for abstraction points that could compromise the quality of water intended for human consumption;
(c) implementing a supply-specific operational monitoring programme in accordance with Regulation 13;
(d) where disinfection forms part of the preparation or distribution of water intended for human consumption, that the following are ensured:
(i) that the efficiency of the disinfection applied is validated;
(ii) that any contamination from disinfection by-products is kept as low as possible without compromising the disinfection;
(iii) that any contamination from treatment chemicals is kept as low as possible;
(iv) that any substances remaining in the water do not compromise the fulfilment of the general obligations set out in Regulations 4 and 5;
(e) verifying that materials, treatment chemicals and filter media that come into contact with water intended for human consumption used in the supply system comply with Regulations 19 and 20.
(4) On the basis of the outcome of the risk assessment of the supply system carried out in accordance with paragraph (2), the supervisory authority shall—
(a) allow the possibility of decreasing the monitoring frequency of a parameter or of removing a parameter from the list of parameters to be monitored, other than for the core parameters referred to in point 1 of Part 2 of Schedule 2, if the supervisory authority is satisfied that to do so would not compromise the quality of water intended for human consumption—
(i) on the basis of the occurrence of a parameter in raw water, in accordance with the risk assessment of the catchment areas for abstraction points as set out in Regulation 10(1) to (8),
(ii) when a parameter can only occur as a result of the use of a certain treatment technique or disinfection method, and that technique or method is not used by the water supplier, or
(iii) on the basis of the specifications set out in Part 3 of Schedule 2,
(b) ensure that the list of parameters to be monitored in water intended for human consumption in accordance with Regulation 13 is extended or that the monitoring frequency is increased—
(i) on the basis of the occurrence of a parameter in raw water, in accordance with the risk assessment of the catchment areas for abstraction points as set out in Regulation 10(1) to (7), or
(ii) on the basis of the specifications set out in Part 3 of Schedule 2.
(5) The risk assessment of the supply system, mentioned in paragraph (1), shall concern parameters set out in Tables A to C in Schedule 1, parameters set in accordance with Regulation 6 and substances or compounds included in the watch list.
(6) Where a water supplier has not undertaken risk assessment and risk management, the supervisory authority may direct the water supplier concerned that the risk assessment, or risk management, as the case may be, be carried out and the water supplier shall comply with that direction.
(7) A water supplier that—
(a) fails to ensure that, where disinfection forms part of the preparation or distribution of water for human consumption—
(i) that any contamination from disinfection by-products is kept as low as possible, or
(ii) that any substances remaining in the water do not compromise the fulfilment of the general obligations in Regulation 4, or
(b) fails to comply with a direction given under paragraph (6),
commits an offence.
Risk Assessment of domestic distribution systems
12. (1) Uisce Éireann shall ensure that a risk assessment of domestic distribution systems is carried out and that risk assessment shall comprise the following elements:
(a) a general analysis of the potential risks associated with domestic distribution systems, and with related products and materials, and whether those potential risks affect the quality of water at the point where it emerges from the taps that are normally used for water intended for human consumption; this general analysis shall not entail an analysis of individual properties;
(b) monitoring of the parameters set out in Table D in Schedule 1 in premises where specific risks to water quality and human health have been identified during the general analysis performed under subparagraph (a).
(2) In relation to Legionella or lead, Uisce Éireann, having had regard to the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005), may decide to focus the monitoring referred to in paragraph (1)(b) on priority premises.
(3) Where Uisce Éireann concludes, on the basis of the general analysis carried out under paragraph (1)(a), that there is a risk to human health stemming from domestic distribution systems or from the related products and materials, or where monitoring performed in accordance with paragraph (1)(b) demonstrates that the parametric values set out in Table D in Schedule 1 are not met, Uisce Éireann shall in writing—
(a) inform the owner of the property concerned, and
(b) inform the relevant supervisory authority.
(4) On being informed under paragraph (3), the owner of the property concerned shall, without delay, ensure that appropriate measures are taken to eliminate or reduce the risk of non-compliance with the parametric values in Table D Schedule 1 and, in the case of Legionella, those measures shall target at least priority premises.
(5) In order to reduce the risks connected with domestic distribution across all domestic distribution systems, a water supplier shall ensure that the following measures are considered and that those measures considered relevant are taken;
(a) encourage owners of public and private premises to carry out a risk assessment of the domestic distribution system;
(b) inform consumers and owners of public and private premises about measures to eliminate or reduce the risk of non-compliance with the quality standards for water intended for human consumption due to the domestic distribution system;
(c) advise consumers about the conditions of consumption and use of water intended for human consumption, and about possible action to avoid the reoccurrence of those risks;
(d) promote training for plumbers and other professionals dealing with domestic distribution systems and the installation of construction products and materials that come into contact with water intended for human consumption;
(e) in relation to Legionella, ensure that effective control and management measures which are proportionate to the risk are in place to prevent and address possible outbreaks of the disease;
(f) in relation to lead, if economically and technically feasible, implement measures for substitution of components made of lead in existing domestic distribution systems.
PART 4
MONITORING AND INFORMATION
Monitoring
13. (1) The EPA shall supervise the performance by Uisce Éireann and each local authority of their monitoring functions under these Regulations, and may issue such direction to those bodies as it considers necessary to ensure that Uisce Éireann or the local authority concerned, as the case may be, are complying with their obligations under these Regulations.
(2) (a) Uisce Éireann shall—
(i) be responsible for monitoring public water supplies, with the parametric values set out in Tables A, B and C in Schedule 1, and
(ii) undertake raw water monitoring as required under Regulation 10(10)(c).
(b) The supervisory authority shall verify compliance of water intended for human consumption supplied by Uisce Éireann, or any person acting jointly with it or on its behalf, with the parametric values set out in Tables A, B and C in Schedule 1.
(3) Subject to paragraphs (2)(a) and (4), each local authority shall supervise the performance of private water suppliers in its functional area, including monitoring compliance of water intended for human consumption with the parametric values set out in Tables A, B and C in Schedule 1.
(4) Where a water supply referred to in paragraph (3) is provided within the functional area of two, or more, local authorities then the following applies;
(a) subject to subparagraph (b), those local authorities may decide that one of them shall perform the functions required under that paragraph (3) in respect of that water supply;
(b) the Minister may direct those local authorities to nominate a single local authority from among themselves to perform those functions, and where the authorities fail to comply with such a direction the Minister may direct that a specified local authority shall perform them;
(c) the authority nominated under subparagraph (a), or directed under subparagraph (b), shall have such functions in regard to such supply as if it was provided solely in its functional area in the first instance.
(5) (a) For the purpose of establishing compliance with the parametric values set out in Parts 1 and 2 of Schedule 2 and of fulfilling their respective obligations under paragraphs (2) and (3), each water supplier or relevant supervisory authority shall take all measures necessary to ensure that monitoring of the quality of water intended for human consumption is carried out on water supplies in accordance with any guidelines issued by the EPA under paragraph (12).
(b) Guidelines issued by the EPA, mentioned in subparagraph (a), shall be in accordance with this Regulation and Schedule 2 in order to check that the water available to consumers meets the requirements of these Regulations and, in particular, the additional parametric values set in accordance with Regulation 6(4).
(c) Each supervisory authority shall be responsible for the enforcement of compliance with these Regulations by the water suppliers for whom it has supervisory responsibility under these Regulations.
(6) For the purposes of paragraph (5), without prejudice to paragraph (4)—
(a) in the case of a public water supply, Uisce Éireann, and
(b) in the case of a private water supply, the local authority concerned,
shall—
(i) specify the points at which samples shall be taken for analysis and establish a related monitoring programme in accordance with Parts 1, 2 and 4 of Schedule 2, or ensure that such a monitoring programme is established in respect of every supply of water for human consumption, other than an exempted supply, in its functional area, and
(ii) submit the monitoring programme referred to in subparagraph (i) to the EPA for review at such times as the EPA may direct.
(7) The supervisory authority may direct a water supplier to amend, in such manner as the EPA may specify, a monitoring programme submitted by the water supplier to the EPA under paragraph (6)(ii), and the water supplier shall comply with that direction.
(8) Samples taken for the purposes of this Regulation shall be representative of the quality of the water consumed throughout the year and shall be equally distributed through the supply.
(9) A monitoring programme established under paragraph (6) shall comply with the specifications for the analysis of parameters specified in Schedule 3 and may provide for the use of in accordance with the following principles:
(a) methods of analysis, other than those specified in Part 1 of Schedule 3, provided that—
(i) the EPA is satisfied that the results obtained are at least as reliable as those produced by the specified methods, and
(ii) the European Commission is provided with all relevant information concerning such methods and their equivalence;
(b) any method of analysis for those parameters in Part 2 of Schedule 3, provided that it meets the requirements set out therein.
(10) Where, for the purposes of paragraph (9)(a), a supervisory authority satisfies itself that the results obtained from an alternative method of analysis are at least as reliable as those produced by the specified method, it shall forward to the Minister all relevant information concerning its comparative evaluation of the equivalent method, and the Minister shall forward the information to the European Commission.
(11) A supervisory authority shall ensure that additional monitoring is carried out on a case-by-case basis (whether by itself or the relevant water supplier) of substances and micro-organisms for which no parametric value has been set out in Schedule 1, if there is reason to suspect that such substances or micro-organisms may be present in amounts or numbers that constitute a potential danger to human health, and may direct a water supplier to carry out such monitoring as it considers necessary for this purpose, and, where so directed, the water supplier shall comply with such direction within such time as set out in the direction or, where no such time is set out, in a timely manner.
(12) The EPA may issue guidelines on the manner, frequency and method by which parameters set out in Schedule 1 shall be monitored, and in relation to appropriate monitoring points.
(13) To meet the obligations imposed in Article 13(1) of the Directive, appropriate monitoring programmes shall be established in accordance with Part 1 of Schedule 2 for all water intended for human consumption and those monitoring programmes shall be supply-specific, taking into account the outcomes of the risk assessment of the catchment areas for abstraction points and of the supply systems, and shall consist of the following elements:
(a) monitoring of the parameters listed in Tables A, B and C in Schedule 1, and of the parameters set in accordance with Regulation 6, in accordance with Schedule 2, and, where a risk assessment of the supply system is carried out, in accordance with Regulation 11 and Part 3 of Schedule 2, unless the supervisory authority decides that one of those parameters can be removed, in accordance with—
(i) Regulation 10(13), or
(ii) Regulation 11(4)(a),
from the list of parameters to be monitored.
(b) monitoring of the parameters set out in Table D in Schedule 1, for the purposes of the risk assessment of domestic distribution systems, as provided for in Regulation 12(1)(b).
(c) monitoring of the substances and compounds included in the watch list, in accordance with Regulation 13(14)(a).
(d) monitoring, of the purposes of the identification of hazard and hazardous events, as provided for in Regulation 10(4)(c).
(e) operational monitoring conducted in accordance with Regulation point 3 of Part 1 of Schedule 2.
(14) (a) A water supplier, having consulted with the supervisory authority and the HSE, shall put in place monitoring requirements with regard to the potential presence of the substances or compounds which are included in the watch list, at relevant points of the supply chain for water intended from human consumption.
(b) For this purpose, the supervisory authority may take into account the information collected under Regulation 10 and may use the monitoring data collected in accordance with—
(i) articles 10A to 10K (inserted by Regulation 10 of the European Union (Water Policy) (Amendment) Regulations 2022 ( S.I. No. 166 of 2022 )) of the Regulations of 2003, and
(ii) Regulation 26, and Regulation 44 (amended by Regulation 6 of the European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2022 ( S.I. No. 288 of 2022 )), of the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 ), or other relevant European Union or State legislation, in order to avoid overlapping of monitoring requirements.
(c) The monitoring results shall be included in the data sets, set up in accordance with Regulation 16(1)(i), together with the results of the monitoring performed under Regulation 8(4).
(15) Where a substance or compound included in the watch list is detected, under Regulation 10(4) or under paragraph (14)(a), in concentrations exceeding the guidance values set out in the watch list, the water supplier concerned, in consultation with the HSE and the supervisory authority, shall ensure that the following measures are considered and that those measures considered relevant are taken:
(a) preventative measures, mitigation measures or appropriate monitoring in the catchment areas for abstraction points or in raw water as set out in Regulation 10(10);
(b) requiring water suppliers to carry out monitoring of those substances or compounds, in accordance with Regulation 10(13);
(c) requiring water suppliers to check whether treatment is adequate to reach the guidance value and, where necessary, to optimise the treatment;
(d) remedial actions in accordance with Regulation 17(4)(a) where the EPA or the HSE, as the case may be, considers it necessary to protect human health.
(16) Guidelines for consultations under paragraph (15) shall be jointly developed by the EPA, the HSE and the water suppliers in relation to managing watch list substances.
(17) Sampling points, for the purposes of these Regulations, shall be determined by the water supplier, or supervisory authority, concerned and shall meet the relevant requirements set out in Part 4 of Schedule 2.
(18) Where there is reason to suspect that substances and micro-organisms for which no parametric value has been set in accordance with Regulation 6 may be present in numbers or concentrations which constitute a potential danger to human health, the water supplier or supervisory authority, concerned shall ensure that additional monitoring is carried out on a case-by-case basis.
(19) A person that fails to comply with a direction from the supervisory authority under paragraph (7) or (11) commits an offence.
Information to members of the public
14. (1) Subject to paragraph (2), a water supplier shall maintain adequate and up-to-date records in accordance with—
(a) Schedule 4, and
(b) with applicable data protection legislation.
(2) The records maintained under paragraph (1) shall be provided to the relevant supervisory authority on written request and may specify the following:
(a) the management and treatment of water intended for human consumption;
(b) the monitoring of compliance with water quality standards or other parametric values set out in Schedule 1;
(c) corrective action taken following a non-compliance with water quality standards or other parametric values set out in Schedule 1;
(d) verification of the efficiency of a disinfection treatment in accordance with Regulation 11(3).
(3) A water supplier shall ensure that all persons supplied with water intended for human consumption receive the following information regularly and not less than once a year, without being required to request that information, in the most appropriate and easily accessible form, including, but not limited to, invoices to commercial customers or by digital means such as smart applications, websites or forms accessible to their customer:
(a) information on the quality of water intended for human consumption, including the indicator parameters;
(b) where chargeable, the price of water intended for human consumption supplied, per litre and cubic metre;
(c) the volume consumed by the household, not less than once per year or per statement period, together with yearly trends of the household consumption, if technically feasible and if this information is available to the water supplier;
(d) comparisons of the yearly water consumption of the household with an average household consumption, when applicable in accordance with subparagraph (c);
(e) a link to the website containing the information set out in Schedule 4 (or access to that information by means, appropriate to the water supplier and customer base).
(4) Each supervisory authority shall carry out, cause to be carried out, or arrange for such monitoring as it considers necessary to verify information provided to it under paragraph (2).
(5) For the purposes of its functions under these Regulations, each supervisory authority shall keep a register to record the details of each water supply for which it is a supervisory authority, and such register at a minimum shall record the following:
(a) the name and address of the water supplier;
(b) the volume of water supplied per day (expressed either in cubic metres or a population equivalent);
(c) the type of water treatment in place;
(d) the source of the water supply;
(e) the supply zone code allocated under the Drinking Water National Monitoring Programme (as referred to in the Department of the Environment, Community and Local Government circular letter, Reference WSP11/04, dated 17th December 2004), or such code as shall be allocated subsequently by Uisce Éireann or the relevant local authority.
(6) Water suppliers and each local authority shall maintain up to date records on an ongoing basis of monitoring results in relation to each water supply that they are required to monitor under Regulation 13(2), (3) or (4).
(7) A water supplier shall, as directed by a supervisory authority, provide the supervisory authority with such details as the authority considers are necessary for it to maintain up to date the register and records referred to in paragraphs (5) and (6).
(8) A water supplier that fails to comply with a direction from a supervisory authority under paragraph (7) commits an offence.
(9) The register and records referred to in paragraph (1) shall be kept at the principal office of the water supplier concerned, and shall be made available for inspection by any person during office hours.
(10) Where a request is made to—
(a) a supervisory authority for a copy of an entry in the register maintained by it under paragraph (5), or
(b) the water supplier concerned for a copy of a record maintained by it under paragraph (1), the recipient of the request concerned shall issue such a copy to the applicant on, if so required, the payment by the applicant of a fee of such an amount (not exceeding the reasonable cost of making the copy) as may be determined.
(11) Subject to any guidelines that the CRU may issue for the purposes of this paragraph, in order to facilitate public access to information, a water supplier may keep a register or record (or part of it) under this Regulation in electronic format (such as on an internet website), provided that the register or record is capable of being used to make a legible copy or reproduction of any entry in it, and references in this Regulation to a copy of an entry in a register or a record shall be construed as including references to such electronic format or such legible copy or reproduction.
(12) Evidence of an entry in a register or a record may be given by production of a copy of it certified by an officer of Uisce Éireann or the authority concerned as being a true copy.
(13) Where a person fails to comply in full with a request under paragraph (2) within a period of 6 weeks, or such longer period as may be specified in the request, the relevant supervisory authority may apply to the High Court for an order directing the person concerned to comply with the request.
(14) Where, following an application by a supervisory authority under paragraph (13), the High Court is satisfied that it is appropriate to do so, the court may make an order compelling the person concerned to comply with the request under paragraph (2).
(15) Where the High Court makes an order under paragraph (14), it may, for the purpose of giving full effect to the order, include such conditions in the order and make such ancillary or other orders as it deems fit.
Protection of human health
15. (1) Where a water supplier or a local authority considers that a supply of water intended for human consumption constitutes a potential danger to human health, the water supplier or the local authority, as the case may be, shall consult with the HSE, and with the agreement of the HSE, ensure that—
(a) the supply of such water is prohibited, or the use of such water is restricted, or such other action is taken as is necessary to protect human health,
(b) consumers are informed promptly thereof and given the necessary advice,
(c) in the case of a public water supply, the EPA is informed promptly, and
(d) the relevant local authority is informed promptly.
(2) The water supplier concerned or the relevant local authority, with the agreement of the HSE, shall decide what action under paragraph (1) is to be taken, bearing in mind the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.
(3) The duty imposed on a water supplier by paragraph (1) shall apply whether or not any failure to meet a parametric value set out in Schedule 1, or set under Regulation 6, has occurred.
(4) A supervisory authority may give a direction to a water supplier in respect any action to be taken by the water supplier under paragraph (1).
(5) The supervisory authority may issue guidelines to assist water suppliers to fulfil their obligations under this Regulation.
(6) A water supplier that fails—
(a) to comply with a direction from a supervisory authority under this Regulation, or
(b) to inform the EPA in accordance with paragraph (1)(c), commits an offence.
Information on monitoring of implementation
16. (1) Without prejudice to—
(a) the European Communities (Access to Information on the Environment) Regulations 2007 ( S.I. No. 133 of 2007 ), and
(b) the State’s obligations under Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007,5
the EPA, shall—
(i) set up by 12 January 2029, and update not later than every 6 years thereafter, a data set containing information on measures taken to improve access to and promote the use of water intended for human consumption in accordance with Regulation 21, and on the share of their population that has access to water intended for human consumption,
(ii) set up by 12 July 2027, and update not later than every six years thereafter, a data set containing information related to the risk assessment and risk management of the catchment areas for abstraction points carried out in accordance with Regulation 10, and set up by 12 January 2029, and update not later than every 6 years thereafter, a data set containing information related to the risk assessment of domestic distribution systems carried out in accordance with Regulation 12, including the following elements:
(I) information on catchment areas for abstraction points under Regulation 10(4);
(II) the results of the monitoring performed under Regulations 10(4) and 12(1)(b);
(III) concise information on measures taken pursuant to Regulations 10(10) and 12(3), (4) and (5), including information on the type of measures taken, and the progress made, under Regulation 12(5)(f),
(iii) set up, and update annually thereafter, a data set containing monitoring results, in cases of exceedances of the parametric values set out in Tables A and B in Schedule 1, collected in accordance with Regulations 11 and 13 and information about the remedial actions taken in accordance with Regulation 17,
(iv) set up, and update annually thereafter, a data set containing information on incidents relating to water intended for human consumption that have caused a potential risk to human health, regardless of whether any failure to meet the parametric values occurred, that lasted for more than 10 consecutive days and that affected not less than 1,000 people, including the causes of those incidents and remedial actions taken in accordance with Regulation 17, and
(v) set up, and update annually thereafter, a data set containing information on all derogations granted in accordance with Regulation 18(1), including the information provided for in paragraph (6) of that Regulation.
(2) Where possible, spatial data services as defined in point (4) of Article 3 of Directive 2007/2/EC of the European Parliament and of the Council of 14 March 20075 shall be used to present the data sets referred to in paragraph (1).
(3) The EPA shall provide access to data sets referred to in paragraph (1) to the European Commission, the European Environment Agency and the European Centre of Disease Prevention and Control.
Remedial action and restrictions of use
17. (1) (a) A water supplier shall ensure that any failure to meet the parametric values set out in Schedule 1 or the detection of pathogenic micro-organisms or parasites in its water supply is immediately investigated so as to identify the cause of such failure.
(b) Each relevant local authority shall ensure that any failure to meet the parametric values set out in Schedule 1 or the detection of pathogenic micro-organisms or parasites in a water supply for which it is a supervisory authority, is immediately investigated by the relevant water supplier so as to identify the cause of such failure.
(2) For the purposes of paragraph (1), where a water supplier discovers a failure to meet the values set out in Schedule 1 or detects pathogenic micro-organisms or parasites in its water supply, that person shall notify the relevant supervisory authority for that supply in accordance with such guidelines as the EPA may issue for that purpose.
(3) Subject to Regulation 15 and Regulations 17(4) and (8), where it is found, as a result of monitoring carried out for the purposes of these Regulations, that the quality of water intended for human consumption does not meet the parametric values set out in Schedule 1, or set in accordance with Regulation 6, the supervisory authority shall, subject to any departures in force under these Regulations—
(a) ensure that the necessary remedial action is taken by the water supplier as soon as possible to restore the quality of the water, and may issue such directions as the supervisory authority considers appropriate for this purpose to the relevant water supplier,
(b) give priority to its enforcement action, having particular regard to the extent to which the relevant parametric value has been exceeded and to the potential danger to human health,
(c) unless indicated otherwise in guidelines issued under paragraph (8), within 14 days of receiving the monitoring results, direct a water supplier to prepare an action programme and to submit it for the approval of the supervisory authority within 60 days, and to implement such action programme for the improvement of the quality of the water so as to secure compliance with these Regulations as soon as possible and not later than—
(i) one year from the date of approval by the supervisory authority of the action programme in relation to the water quality standards set out in Tables A and B in Schedule 1 in relation to matters that present a risk to human health, and
(ii) two years from the date of approval by the supervisory authority of the action programme in relation to all the water quality standards set out in Table B in Schedule 1, other than those referred to in clause (i).
(4) (a) In the event of non-compliance with the parametric values or with the specifications set out in Table C in Schedule 1, a supervisory authority, in consultation with the HSE, shall consider whether or not such non-compliance poses a risk to human health.
(b) Where it is determined that such risk to human health under subparagraph (a) exists, the supervisory authority shall apply the provisions of paragraph (3)(c), and the relevant water supplier shall take remedial action to restore the quality of the water within the timeframe specified in the programme.
(5) Where, despite the measures taken to meet the obligations imposed in Regulation 4(1), water intended for human consumption does not meet the parametric values set out in Schedule 1, or set in accordance with Regulation 6, and without prejudice to Regulation 8(1), the water supplier concerned shall ensure that the necessary remedial action is taken as soon as possible to restore the quality of that water and shall give priority to its obligations to comply with Regulation 4, having regard to, amongst other things, the extent to which the relevant parametric value has been exceeded and the associated potential danger to human health.
(6) A supervisory authority may amend an action programme submitted to it under paragraph (3)(c) before approving it, and the action programme thus amended and approved shall be regarded as the action programme for the purposes of these Regulations.
(7) An action programme under this Regulation shall include such interim measures as may be appropriate, and shall have regard to the provisions of any water services strategic plan made by Uisce Éireann or the relevant local authority.
(8) The EPA may issue guidelines in relation to the nature and timing of remedial, enforcement or other relevant action under this Regulation in specified circumstances, depending on the extent and likely consequences of a non-compliance with parametric values set out in Schedule 1, and local authorities shall take such guidelines fully into account when fulfilling their obligations under paragraph (3).
(9) Where remedial action is taken in relation to a water supply, the water supplier shall ensure that consumers are informed of such action, save where the supervisory authority considers the non-compliance with the parametric value to be trivial in nature or extent.
(10) For the purposes of paragraph (1), each water supplier shall maintain a record of any incidence of failure to meet the parametric values set out in Schedule 1, and such record shall include details of—
(a) the date of the incident,
(b) the extent and duration of the failure,
(c) the cause of the failure, and
(d) details of any complaint received arising from such failure.
(11) In the cases described in paragraphs (5) and (13), where the non-compliance with the parametric values is considered to be a potential danger to human health, the water supplier concerned, in consultation with the relevant local authority and the HSE, shall as soon as possible take the following measures:
(a) notify all affected consumers of the potential danger to human health and its cause, of the exceedance of a parametric value and of the remedial actions taken, including prohibition or restriction of use or other action;
(b) give, and regularly update, the necessary advice to consumers on conditions of consumption and use of the water, taking particular account of population groups with increased water-related health risks;
(c) inform consumers once it has been established that there is no longer a potential danger to human health and inform them that the service has returned to normal.
(12) Records referred to in paragraph (10) shall be made available by a water supplier to a supervisory authority on written request from the authority concerned.
(13) Regardless of whether any failure to comply with the parametric values set out in Schedule 1, or set in accordance with Regulation 6, has occurred, the water supplier or supervisory authority concerned shall ensure that any supply of water intended for human consumption which constitutes a potential danger to human health is prohibited or the use of such water restricted and that any other remedial action that is necessary to protect human health is taken.
(14) A water supplier that fails to—
(a) notify the relevant supervisory authority in accordance with paragraph (2),
(b) comply with a direction issued under paragraph (3)(a) or (c),
(c) inform consumers in accordance with paragraph (9),
(d) maintain a record for the purposes of paragraph (10), or
(e) make a record available to a supervisory authority on request under paragraph (12),
commits an offence.
Derogations
18. (1) In duly justified circumstances, a departure from the parametric values set out in Table B in Schedule 1, or set in accordance with Regulation 6, up to a maximum value for each such departure to be determined by the EPA, may on application by Uisce Éireann in respect of a public water supply, or by the relevant local authority in respect of a private water supply, subject to the agreement of the HSE, be granted by the EPA in relation to a water supply, provided no such departure constitutes a potential danger to human health and that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means; such derogations shall be limited to the following:
(a) a new catchment area for the abstraction of water intended for human consumption;
(b) a new source of pollution detected at the catchment area for the abstraction of water intended for human consumption or parameters newly searched for or detected;
(c) an unforeseen and exceptional situation in an existing catchment area for the abstraction of water intended for human consumption that could lead to temporary limited exceedances of the parametric values.
(2) An application for a departure under paragraph (1) shall contain such information as may be specified by the EPA.
(3) A departure granted under paragraph (1) shall—
(a) be subject to such conditions as may be specified by the EPA,
(b) have effect for as short a period of time as possible, which shall not exceed 3 years,
(c) subject to paragraph (4), specify the requirements set out in Regulation 18(6), and
(d) be reviewed by the EPA prior to the end of the period of the departure so as to determine whether sufficient progress has been made in the opinion of the EPA.
(4) (a) Subject to subparagraph (b), the requirement to specify the information in paragraph (6) shall not apply in any case where the EPA considers that—
(i) the non-compliance with the parametric value is trivial, and
(ii) the action taken in accordance with Regulation 17(5) is sufficient to remedy the problem within 30 days, and in such a case, a departure granted under this Regulation need specify only the maximum permissible value for the parameter and the time allowed to remedy the problem.
(b) Subparagraph (a) shall not apply in the case of a water supply where failure to comply with any one parametric value in relation to that supply has occurred on more than 30 days on aggregate during the previous 12 months.
(5) In exceptional circumstances, the EPA may grant a second departure in respect of subparagraphs (a) or (b) of paragraph (1), which shall not exceed 3 years, up to a maximum value to be determined by the EPA and subject to the agreement of the HSE, and where it does so—
(a) the EPA shall forward the related review to the Minister, and notify him or her of the departure and the reasons for granting it;
(b) the Minister shall forward the related review and details of the reasons for granting the second departure to the European Commission.
(6) Any derogation granted in accordance with paragraph (1) or (5) shall specify the following:
(a) the grounds for the derogation;
(b) the parameter concerned, previous relevant monitoring results, and the maximum permissible parametric value under the derogation;
(c) the geographical area, the quantity of water supplied each day, the population concerned;
(d) an appropriate monitoring scheme, with an increased monitoring frequency where necessary;
(e) a summary of the plan for the necessary remedial action, including a timetable for the work and an estimate of the cost and provisions for reviewing;
(f) the duration of the derogation.
(7) Subject to paragraph (8), where a departure is granted under this Regulation, other than a departure to which paragraph (4) applies, the water supplier concerned shall ensure that—
(a) the population affected by such departure is informed promptly in an appropriate manner of the departure and of the conditions governing it,
(b) advice is given, where necessary, to particular population groups for which the departure could present a special risk, and
(c) informed of any action that can be taken to protect human health from the adverse effects resulting from any contamination of water intended for human consumption.
(8) The obligations referred to in paragraph (7) shall not apply to the circumstances mentioned in paragraph (4) other than where the supervisory authority concerned decides otherwise.
PART 5
MINIMUM REQUIREMENTS
Minimum hygiene requirements for materials that come into contact with water intended for human consumption
19. (1) For the purposes of Regulation 4, a water supplier shall ensure that materials that are intended to be used in their new installations or, in the case of repair works or reconstruction, in existing installations for the abstraction, treatment, storage or distribution of water intended for human consumption and that come into contact with such water do not—
(a) directly or indirectly compromise the protection of human health as provided by these Regulations,
(b) adversely affect the colour, odour or taste of the water,
(c) enhance microbial growth, or
(d) leach contaminants into the water at levels that are higher than necessary in view of the intended purpose of the material.
(2) (a) Products that meet the specific minimum hygiene requirements, adopted by the European Commission under paragraph (2) of Article 11 of the Directive, satisfy the requirements set out in paragraph (1).
(b) Products in contact with water intended for human consumption that use final materials approved in accordance with these Regulations can be placed on the market for the purposes of these Regulations.
(3) Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 20196 shall apply to products covered by this Regulation.
Minimum requirement for treatment chemicals and filter media that come into contact with water intended for human consumption
20. (1) For the purposes of Regulation 4, a water supplier shall ensure that treatment chemicals and filter media that come into contact with water intended for human consumption do not—
(a) directly or indirectly compromise the protection of human health as provided for by these Regulations,
(b) adversely affect the colour, odour or taste of the water,
(c) unintentionally enhance microbial growth, or
(d) contaminate the water at levels that are higher than necessary in view of the intended purpose.
(2) For the purposes of this Regulation, Article 4(2) of the Directive shall apply accordingly.
(3) Pursuant to paragraph (1), and without prejudice to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 20127 and by using relevant European standards for specific treatment chemicals or filter media, a water supplier shall ensure that the purity of treatment chemicals and filter media is assessed and the quality of such chemicals and filter media is guaranteed.
Access to water intended for human consumption
21. (1) A water supplier, without prejudice to the principles of subsidiarity and proportionality, whilst taking into account the local, regional and cultural perspectives and circumstances for water distribution, shall take the necessary measures to improve or maintain access to water intended for human consumption for all its customers, in particular for those in vulnerable or marginalised groups.
(2) For the purposes of paragraph (1), Uisce Éireann, having consulted with the public, the CRU, local authorities and each Minister of the Government concerned, shall—
(a) identify people without access, or with limited access, to water intended for human consumption, including vulnerable and marginalised groups, and reasons for such lack of access,
(b) assess possibilities for improving access for such people,
(c) inform such people about possibilities for connecting to the distribution network or about alternative means of having access to water intended for human consumption, and
(d) take measures that they consider necessary and appropriate to ensure that there is access to water intended for human consumption for vulnerable and marginalised groups.
(3) In order to promote the use of tap water intended for human consumption, water suppliers, in conjunction with local authorities and appropriate public bodies, shall ensure that outdoor and indoor equipment is set up in public spaces, where technically feasible, in a manner that is proportionate to the need for such measures and taking into account specific local conditions, such as climate and geography.
(4) Water suppliers, local authorities and appropriate public bodies may also take the following measures to promote the use of tap water intended for human consumption:
(a) raising awareness of the nearest outdoor or indoor equipment;
(b) launching campaigns to inform citizens about the quality of such water;
(c) encouraging the provision of such water in public administrations and public buildings;
(d) encouraging the provision of such water, for free or for low service fee, for customers in restaurants, canteens and catering services.
PART 6
AUTHORISED OFFICERS
Authorised officers
22. (1) A supervisory authority, may appoint in writing such and so many persons, including members of the staff of the supervisory authority concerned, to be authorised officers for the purpose of obtaining, or verifying, any information which may be required in relation to a matter mentioned in these Regulations, and such appointment may be specified to be for a fixed period.
(2) Every authorised officer appointed under this Regulation shall be furnished with a warrant of appointment, which shall be issued by the appointing supervisory authority, and shall, when exercising any power conferred on him or her by any of the relevant statutory provisions if requested by a person affected, produce the warrant of appointment or copy of it to that person.
(3) An appointment under this Regulation shall cease—
(a) if the appointing supervisory authority revokes the appointment,
(b) if the appointment is for a fixed period, on the expiry of that period, or
(c) if the person appointed is a member of staff of the appointing supervisory authority concerned, when that person ceases to be a member of staff of the supervisory authority.
(4) An authorised officer, when exercising any powers conferred on an authorised officer by these Regulations, may be accompanied by such other authorised officers or members of the Garda Síochána, or both, as he or she considers necessary.
(5) Nothing in paragraph (4) affects the exercise by an authorised officer who is a member of the Garda Síochána of any power, which apart from that paragraph, he or she could exercise by virtue of paragraph (1) of Regulation 23 or otherwise.
(6) A person who—
(a) obstructs or impedes an authorised officer in the exercise of a power under Regulation 23,
(b) fails to comply with a request or requirement of an authorised officer under Regulation 23,
(c) in purported compliance with a request or requirement, mentioned in subparagraph (b), gives information that is false or misleading in a material respect, or
(d) fails, or refuses, to comply with a request or requirement, mentioned in subparagraph (b),
commits an offence.
Powers of authorised officers
23. (1) For the purpose of obtaining, or verifying, any information which may be required in relation to a matter mentioned in these Regulations, an authorised officer may, on production of an appointment under Regulation 22 authorising him or her to exercise one or more specified powers under paragraph (2), exercise that power or those powers.
(2) The powers mentioned in paragraph (1) are the following:
(a) to enter, if necessary by reasonable force, and search any place, other than a dwelling, at which any activity in connection with the business of a relevant person, or a person having control of a relevant person, is carried on;
(b) to seize and retain any books, documents or records relating to an activity found at any place referred to in subparagraph (a) and take any other steps which appear to the officer to be necessary for preserving, or preventing interference with, such books, documents or records;
(c) to require any person who carries on an activity referred to in subparagraph (a) and any person employed in connection therewith to—
(i) give to the authorised officer his or her name, home address and occupation, and
(ii) provide to the authorised officer any books, documents or records relating to that activity which are in that person’s power or control, and to give to the officer such information as he or she may reasonably require in regard to any entries in such books, documents or records, and where such books, documents or records are kept in a non-legible form to reproduce them in a legible form;
(d) to inspect and take copies of or extracts from any such books, documents or records, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form;
(e) to require a person mentioned in subparagraph (c) to give to the authorised officer any information he or she may require in regard to the persons carrying on the activity referred to in subparagraph (a) or employed in connection therewith;
(f) to require a person mentioned in subparagraph (c) to give to the authorised officer any other information which the officer may reasonably require in regard to the activity referred to in subparagraph (a).
(3) In this Regulation—
“records” includes, in addition to records in writing—
(a) discs, tapes, sound-tracks or other devices in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,
(b) films, tapes or other devices in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and
(c) photographs,
and a reference to a copy of records includes, in the case of records falling within paragraph (a) only, a transcript of the sounds or signals embodied therein, in the case of records falling within paragraph (b), a still reproduction of the images embodied therein and, in the case of records falling within both of those paragraphs, such a transcript and such a still reproduction;
“tape” includes—
(a) a disc, magnetic tape, soundtrack or other device in which sounds or signals may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in audible form, and
(b) a film, disc, magnetic tape or other device in which visual images may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in visual form.
PART 7
PENALTIES AND PROSECUTIONS
Penalties and prosecutions
24. (1) A person that commits an offence under Regulation 4(7), 4(8), 5(4), 11(7), 13(19), 14(8), 15(6), 17(14), 22(6), 25(1), 25(2), 25(3) or 27(2) is liable—
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or
(b) on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or both.
(2) A person that commits an offence under Regulation 8(4) is liable, on summary conviction, to a class A fine.
(3) Proceedings in relation to a summary offence under Regulation 4(7), 4(8), 5(4), 8(4), 11(7) or 13(19) may be brought and prosecuted by a supervisory authority.
(4) In proceedings for an offence, committed under a Regulation mentioned in paragraph (1) or (2), it shall be a defence against whom such proceedings are brought to prove that the person took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
Offences in relation to water
25. (1) A person that causes—
(a) the pollution, or
(b) the contamination,
of a source of a water supply that is intended for human consumption causing the supply of water that is not wholesome or clean or causes a risk to human health, commits an offence.
(2) A person that fails to address a risk that has been identified, in relation to a water supply that is intended for human consumption, following notification in writing by the relevant supervisory authority to the person concerned, requiring removal or mitigation of the risk, commits an offence.
(3) A person that causes, or assists in causing, damage to—
(a) a source of a water supply that is intended for human consumption, or
(b) a public water supply,
commits an offence.
(4) Proceedings in relation to a summary offence under paragraph (1), (2) or (3) may be brought and prosecuted by the relevant supervisory authority or Uisce Éireann.
Offences by bodies corporate
26. (1) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or of a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if that person was guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member was a director of the body corporate.
PART 8
SUPERVISORY AUTHORITIES
Directions of supervisory authorities
27. (1) A supervisory authority may give such directions as it considers appropriate for the purposes of its functions under these Regulations.
(2) A person that fails to comply with a direction given under paragraph (1) commits an offence.
Guidelines: practical guidance for water suppliers and supervisory authorities
28. (1) The EPA shall issue guidelines for the purposes of providing practical guidance–
(a) to water suppliers in respect of exempted supplies under Regulation 4, and
(b) to the supervisory authorities in respect of performance verification to be undertaken by the EPA under Regulation 30.
(2) The supervisory authorities and water suppliers, as the case may be, shall comply with guidelines issued under paragraph (1)(b).
(3) Guidelines issued under paragraph (1) shall be published by the EPA on a website maintained by it.
Charges by supervisory authorities
29. (1) A supervisory authority may charge for monitoring the quality of water supplies intended for human consumption.
(2) A charge made by a supervisory authority by virtue of paragraph (1) shall be of such amount as the authority considers appropriate, but shall not exceed the cost of such monitoring.
(3) A supervisory authority may recover the amount of any charge made by it under paragraph (1) as a simple contract debt in any court of competent jurisdiction.
Intervention, and performance verification, by supervisory authority
30. (1) Without prejudice to Regulation 15, having exercised such of its powers under these Regulations as it considers appropriate, and having considered any information furnished to it or otherwise coming into its possession in consequence of that exercise, each supervisory authority shall, with a view to achieving satisfactory compliance of water supplied for human consumption with relevant water quality standards or other parametric values specified in Schedule 1, do one, or both, of the following:
(a) issue such direction to a water supplier, as it considers necessary;
(b) provide, on such terms and conditions as may be agreed, such assistance, or support as the supervisory authority considers, in consultation with the water supplier, would be helpful.
(2) Where a water supplier fails to comply with a direction issued under paragraph (1) or Regulation 15, the supervisory authority may carry out, cause to be carried out, or arrange for, such action as it considers necessary to ensure compliance with that direction, and the costs of such action may be recovered by the authority from the water supplier concerned as a simple contract debt in any court of competent jurisdiction.
(3) Each supervisory authority shall undertake an audit of water supplies, for which it has supervisory responsibilities, to ensure that the provisions of these Regulations are being complied with by the relevant water supplier.
(4) The frequency and content of the audit provided for in paragraph (3) shall be in accordance with guidelines prepared by the EPA under Regulation 28.
Injunctive relief
31. (1) Where, on application by a supervisory authority to the High Court, the court is satisfied that a person has failed to comply with a direction or a requirement of, or under, these Regulations, the court may by order—
(a) direct the person to comply with the direction or requirement, and
(b) make such other provision, including provision in relation to the payment of costs, as the court considers appropriate.
(2) An application for an order under this Regulation shall be by motion, and the High Court, when considering the matter, may make such interim or interlocutory order as it considers appropriate.
(3) An application for an order under this Regulation may be made whether or not there has been a prosecution for an offence under these Regulations in relation to the activity concerned, and shall not prejudice the initiation of a prosecution for an offence under these Regulations in relation to the activity concerned.
PART 9
FINAL PROVISIONS
Service of directions
32. (1) Where a direction is required to be issued to a person under these Regulations, it shall be in writing addressed to the party concerned and given to the party in one of the following ways:
(a) by delivering it to the party concerned;
(b) by leaving it at the address at which the party concerned ordinarily carries on business;
(c) by sending it by pre-paid registered post addressed to the party concerned at the address at which that party ordinarily carries on business;
(d) if an address for the service of directions has been furnished by the party concerned, by leaving it at, or sending it by pre-paid registered post addressed to that party at that address;
(e) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the party concerned carries on business or, if an electronic address or facsimile number address for the service of a direction has been furnished by the party concerned, that electronic address or facsimile machine, but only if—
(i) the recipient’s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or
(ii) the sender’s facsimile machine generates a message confirming successful delivery of the total number of pages of the notice or direction;
and it is also given in one of the other ways mentioned in subparagraphs (a) to (d).
(2) For the purpose of this Regulation, a company within the meaning of the Companies Acts, or the Companies Act 2014 , is deemed to be ordinarily resident at its registered office, and every corporate body and every unincorporated body of persons is deemed to be ordinarily resident at its principal office or place of business.
Information Sharing
33. The supervisory authorities, the source protection authorities and the water suppliers shall share such information appropriate to their functions, as may be required and requested, in writing, under these Regulations.
Transitional provisions
34. (1) The parametric values set under Regulation 6 in respect of Bisphenol A, Chlorate, Chlorite, Haloacetic Acids, Microcystin-LR, PFAS Total, Sum of PFAS and Uranium shall not apply in respect of water intended for human consumption up to, and including, 11 January 2026.
(2) Water suppliers shall not be obliged to monitor water intended for human consumption in accordance with Regulation 13 for Bisphenol A, Chlorate, Chlorite, Haloacetic Acids, Microcystin-LR, PFAS Total, Sum of PFAS and Uranium until after the date specified in paragraph (1).
(3) Directions made, and performance verification measures being undertaken, under the European Union (Drinking Water) Regulations 2014 ( S.I. No. 122 of 2014 ) shall, notwithstanding the revocation of those Regulations by Regulation 35, continue with full force and effect as if those Regulations had not been revoked.
(4) Notwithstanding the revocation of the European Union (Drinking Water) Regulations 2014 ( S.I. No. 122 of 2014 ) by Regulation 35, a person appointed to be an authorised person appointed for the purpose of those Regulations shall continue such appointment as if those Regulations had not be revoked, subject to those Regulations.
Revocations
35. (1) Subject to paragraph (2), the following are revoked:
(a) the European Union (Drinking Water) Regulations 2014 ( S.I. No. 122 of 2014 );
(b) the European Union (Drinking Water)(Amendment) Regulations 2017 ( S.I. No. 464 of 2017 );
(c) the European Union (Drinking Water) (Amendment) Regulations 2022 ( S.I. No. 286 of 2022 ).
(2) Any proceedings initiated, or criminal prosecutions instituted, under the Regulations mentioned in paragraph (1) may be continued as if the revocations under paragraph (1) had not been made and any order made, or fine or penalty imposed, shall have effect accordingly.
(3) Any directions issued to any person, under the Regulations mentioned in paragraph (1) shall continue to apply and have full effect as if the revocations under paragraph (1) had not been made.
SCHEDULE 1
Regulations 4(2), 6(1) to (4), 7, 8(2), 10(4), 11(5), 12(1), (3) and (4), 13(2), (3) (5) and (11) to (13), 14(2), 15(3), 16(1), 17(1) to (5), (8), (10) and (13), 18(1) and 30(1)
MINIMUM REQUIREMENTS FOR PARAMETRIC VALUES USED TO ASSESS THE QUALITY OF WATER INTENDED FOR HUMAN CONSUMPTION
TABLE A
MICROBIOLOGICAL PARAMETERS
Parameter
Parametric value
Unit
Notes
Intestinal enterococci
0
number/100 ml
Note 1
Escherichia coli (E.coli)
0
number/100 ml
Note 1
Note to Table
Note 1: For water put into bottles or containers, the unit is number/250 ml.
TABLE B
CHEMICAL PARAMETERS
Parameter
Parametric value
Unit
Notes
Acrylamide
0.10
μg/l
Note 1
Antimony
10
μg/l
Arsenic
10
μg/l
Benzene
1.0
μg/l
Benzo(a)pyrene
0.010
μg/l
Bisphenol A
2.5
μg/l
Boron
1.5
mg/l
Note 2
Bromate
10
μg/l
Cadmium
5.0
μg/l
Chlorate
0.25
mg/l
Note 3
Chlorite
0.25
mg/l
Note 4
Chromium
25
μg/l
Note 5
Copper
2.0
mg/l
Cyanide
50
μg/l
1,2-dichloroethane
3.0
μg/l
Epichlorohydrin
0.10
μg/l
Note 6
Fluoride
1.5
mg/l
Haloacetic acids (HAAs)
60
μg/l
Note 7
Lead
5
μg/l
Notes 8 & 9
Mercury
1.0
μg/l
Microcystin-LR
1.0
μg/l
Note 10
Nickel
20
μg/l
Nitrate
50
mg/l
Note 11
Nitrite
0.50
mg/l
Note 11
Pesticides
0.10
μg/l
Notes 12, 13 & 14
Pesticides — Total
0.50
μg/l
Note 15
PFAS Total
0.50
μg/l
Note 16
Sum of PFAS
0.10
μg/l
Note 17
Polycyclic aromatic hydrocarbons
0.10
μg/l
Note 18
Selenium
20
μg/l
Note 19
Tetrachloroethene and Trichloroethene
10
μg/l
Note 20
Trihalomethanes Total
100
μg/l
Note 21
Uranium
30
μg/l
Vinyl chloride
0.50
μg/l
Note 22
Notes to Table
Note 1 The parametric value of 0.10 μg/l refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water;
Note 2 A parametric value of 2.4 mg/l shall be applied when desalinated water is the predominant water source of the supply system concerned or in regions where geological conditions could lead to high levels of boron in groundwater;
Note 3 A parametric value of 0.70 mg/l shall be applied where a disinfection method that generates chlorate, in particular chlorine dioxide, is used for disinfection of water intended for human consumption. Where possible, without compromising disinfection, the water supplier shall strive for a lower value. This parameter shall be measured only if such disinfection methods are used;
Note 4 A parametric value of 0.70 mg/l shall be applied where a disinfection method that generates chlorite, in particular chlorine dioxide, is used for disinfection of water intended for human consumption. Where possible, without compromising disinfection, the water supplier shall strive for a lower value. This parameter shall be measured only if such disinfection methods are used;
Note 5 A parametric value of 25 μg/l shall be met, at the latest, by 12 January 2036. The parametric value for chromium until that date shall be 50 μg/l;
Note 6 The parametric value of 0.10 μg/l refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water;
Note 7 This parameter shall be measured only when disinfection methods that can generate HAAs are used for the disinfection of water intended for human consumption. It is the sum of the following five representative substances: monochloro-, dichloro-, and trichloro-acetic acid, and mono- and dibromo-acetic acid;
Note 8 The parametric value of 5 μg/l shall be met, at the latest, by 12 January 2036. The parametric value for lead until that date shall be 10 μg/l;
Note 9 After that date, the parametric value of 5μg/l shall be met at least at the point of supply to the domestic distribution system. For the purposes of point (b) of the first subparagraph of Article 11(2) of the Directive, the parametric value of 5 μg/l at the tap shall apply;
Note 10 This parameter shall be measured only in the event of potential blooms in source water (increasing cyanobacterial cell density or bloom forming potential);
Note 11 A water supplier shall ensure that the condition [nitrate]/50 + [nitrite]/3 < 1, where the square brackets signify the concentrations in mg/l for nitrate (NO3) and nitrite (NO2), is complied with and that the parametric value of 0.10 mg/l for nitrites is complied with ex water treatment works;
Note 12 ‘Pesticides’ means the following:
(a) organic insecticides;
(b) organic herbicides;
(c) organic fungicides;
(d) organic nematocides;
(e) organic acaricides;
(f) organic algicides;
(g) organic rodenticides;
(h) organic slimicides;
(i) related products (inter alia, growth regulators);
and their metabolites as defined in point (32) of Article 3 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009,8 that are considered relevant for water intended for human consumption. A pesticide metabolite shall be deemed relevant for water intended for human consumption if there is a reason to consider that it has intrinsic properties comparable to those of the parent substance in terms of its pesticide target activity or that either itself or its transformation products generate a health risk for consumers.
Note 13 The parametric value of 0.10 μg/l shall apply to each individual pesticide. In the case of aldrin, dieldrin, heptachlor and heptachlor epoxide, the parametric value shall be 0.030 μg/l;
Note 14 The Minister for Agriculture, Food and the Marine shall define a guidance value to manage the presence of non-relevant metabolites of pesticides in water intended for human consumption. Only pesticides which are likely to be present in a given supply need to be monitored. Based on the data reported by the EPA, the European Commission may establish a database of pesticides and their relevant metabolites taking into account their possible presence in water intended for human consumption;
Note 15 ‘Pesticides Total’ means the sum of all individual pesticides, as defined in the previous row, detected and quantified in the monitoring procedure;
Note 16 ‘PFAS Total’ means the totality of per- and polyfluoroalkyl substances. This parametric value shall only apply once technical guidelines for monitoring this parameter are developed by the European Commission in accordance with Article 13(7) of the Directive. The EPA may then decide to use either one or both of the parameters ‘PFAS Total’ or ‘Sum of PFAS’;
Note 17 ‘Sum of PFAS’ means the sum of per-and polyfluoroalkyl substances considered a concern as regards water intended for human consumption listed in point 3 of Part 2 of Schedule 3. This is a subset of ‘PFAS Total’ substances that contain a perfluoroalkyl moiety with three or more carbons (i.e. –CnF2n-, n > 3) or a perfluoroalky-lether moiety with two or more carbons (i.e. –CnF2nOCmF2m-, n and m > 1);
Note 18 Sum of concentrations of the following specified compounds: benzo(b)fluor-anthene, benzo(k)fluoranthene, benzo(ghi)perylene, and indeno(1,2,3-cd)pyr-ene;
Note 19 A parametric value of 30 μg/l shall be applied for regions where geological conditions could lead to high levels of selenium in groundwater;
Note 20 The sum of concentrations of these two parameters;
Note 21 Where possible, without compromising disinfection, water suppliers shall strive for a lower parametric value. It is the sum of concentrations of the following specified compounds: chloroform, bromoform, dibromochloromethane and bromodichloromethane;
Note 22 The parametric value of 0.50 μg/l refers to the residual monomer concentrations in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water;
TABLE C
INDICATOR PARAMETERS
Parameter
Parametric value
Unit
Notes
Aluminium
200
μg/l
Ammonium
0.50
mg/l
Chloride
250
mg/l
Note 1
Clostridium perfringens (including spores)
0
number/100 ml
Note 2
Colour
Acceptable to consumers and no abnormal change
Conductivity
2,500
μS cm-1 at 20 °C
Note 3
Hydrogen ion concentration
≥ 6.5 and ≤9.5
pH units
Note 3 & 4
Iron
200
μg/l
Manganese
50
μg/l
Odour
Acceptable to consumers and no abnormal change
Oxidisability
5.0
mg/l O2
Note 5
Sulphate
250
mg/l
Note 1
Sodium
200
mg/l
Taste
Acceptable to consumers and no abnormal change
Colony count 22 °C
No abnormal change
Coliform bacteria
0
number/100 ml
Note 6
Total organic carbon (TOC)
No abnormal change
Note 7
Turbidity
Acceptable to consumers and no abnormal change
Water should not be aggressive or corrosive. This applies particularly to water undergoing treatment (demineralization, softening, membrane treatment, reverse osmosis, etc.).
Where water intended for human consumption is derived from treatment that significantly demineralizes or softens water, calcium and magnesium salts could be added to condition the water in order to reduce any possible negative health impact, as well as to reduce the corrosiveness or aggressivity of water and to improve taste. Minimum concentrations of calcium and magnesium or total dissolved solids in softened or demineralized water could be established taking into account the characteristics of water that enters those processes.
Notes to Table
Note 1: The water should not be corrosive;
Note 2: The parameter shall be measured if the risk assessment indicates that it is appropriate to do so;
Note 3: The water should not be aggressive;
Note 4: For still water put into bottles or containers, the minimum value may be reduced to 4,5 pH units. For water put into bottles or containers which is naturally rich in or artificially enriched with carbon dioxide, the minimum value may be lower.
Note 5: This parameter need not be measured if the parameter TOC is analysed;
Note 6: For water put into bottles or containers, the unit is number / 250 ml;
Note 7: This parameter need not be measured for supplies of less than 10,000 cubic metres a day.
TABLE D
PARAMETERS RELEVANT FOR THE RISK ASSESSMENT OF DOMESTIC DISTRIBUTION SYSTEMS
Parameter
Parametric value
Unit
Notes
Legionella
< 1000
CFU/1
This parametric value is set for the purposes of Regulations 12 and 17. Actions provided for in those Regulations could be considered even when the value is below the parametric value, e.g. in cases of infections and outbreaks. In such cases, the source of infection should be confirmed and the species of Legionella should be identified.
Lead
10
μg/l
This parametric value is set for the purposes of Regulations 12 and 17. Water suppliers should use their best endeavours to achieve the lower value of 5 μg/l by 12 January 2036.
SCHEDULE 2
Regulations 10(10) and (13), 11(4) and 13(5), (6), (13) and (17)
MONITORING
PART 1
General objectives and monitoring programmes for water intended for human consumption
1. Monitoring programmes established pursuant to Regulation 13(13) for water intended for human consumption shall—
(a) verify that the measures in place to control risks to human health throughout the water supply chain from the abstraction area through treatment and storage to distribution are working effectively and that water intended for human consumption at the point of compliance is wholesome and clean,
(b) provide information on the quality of water supplied for human consumption to demonstrate that the obligations set out in Article 4 of the Directive and the parametric values set in accordance with Regulation 6 are being met, and
(c) identify the most appropriate means of mitigating the risk to human health.
2. Monitoring programmes established pursuant to Regulation 13(13) shall include one or a combination of the following:
(a) collection and analysis of discrete water samples;
(b) measurements recorded by a continuous monitoring process.
In addition, monitoring programmes may consist of the following
(a) inspections of records of the functionality and maintenance status of equipment;
(b) inspections of the abstraction area, and of the treatment, storage and distribution infrastructure, without prejudice to monitoring requirements provided for in Regulation 10(4)(c) and Regulation 12(1).
3. Monitoring programmes shall also include an operational monitoring programme that provides rapid insight into operational performance and water quality problems and that allows rapid pre-planned remedial action. Such operational monitoring programmes shall be supply-specific, taking into account the outcomes of the identification of hazards and hazardous events and risk assessment of the supply system, and shall be intended to confirm the effectiveness of all control measures in abstraction, treatment, distribution and storage.
The operational monitoring programme shall include the monitoring of the parameter ‘turbidity’ at the water supply plant’ in order to regularly control the efficacy of physical removal by filtration processes, in accordance with the reference values and frequencies indicated in the following table (not applicable for groundwater sources where turbidity is caused by iron and manganese):
TABLE
Operational parameter
Reference value
turbidity at the water supply plant
0.3 NTU in 95 % of samples and none to exceed 1 NTU
Volume (m3) of water distributed or produced each day within a supply zone
Minimum frequency of sampling and analysis
≤ 1,000
Weekly
> 1,000 to ≤ 10,000
Daily
> 10,000
Continuous
The operational monitoring programme shall also include the monitoring of the following parameters in raw water to control the efficacy of the treatment processes against microbiological risks:
Operational parameter
Reference value
Unit
Notes
Somatic coliphages
50 (for raw water)
Plaque Forming Units (PFU)/100ml
This parameter shall be measured if the risk assessment indicates that it is appropriate to do so. If it is found in raw water at concentrations > 50 PFU/100 ml, it should be analysed after steps of the treatment train in order to determine log removal by the barriers in the place and to assess whether the risk of a breakthrough of pathogenic viruses is sufficiently under control.
4. The EPA shall ensure that monitoring programmes are reviewed on a continuous basis and updated or confirmed not less than once every 6 years.
PART 2
Parameters and sampling frequencies
Point 1 – List of parameters
Group A:
The following parameters (Group A) shall be monitored in accordance with the monitoring frequencies set out in Table of point 2:
(a) Escherichia coli (E. coli), intestinal enterococci, coliform bacteria, colony count 22oC, colour, turbidity, taste, odour, pH and conductivity;
(b) other parameters identified as relevant in the monitoring programme, in accordance with Regulation 6 and, where relevant, through a risk assessment of the supply system as set out in Regulation 11 and Part 3 of this Schedule.
Under specific circumstances, the following parameters shall be added to the Group A parameters:
(a) ammonium and nitrite, if chloramination is used;
(b) aluminium and iron, if used as water treatment chemicals.
Escherichia coli (E.coli) and intestinal enterococci are considered ‘core parameters’ and their monitoring frequencies shall not be the subject of a reduction due to a risk assessment of the supply system in accordance with Regulation 11 and Part 3 of this schedule. They shall always be monitored not less than at the frequencies set out in the Table in point 2.
Group B:
In order to determine compliance with all parametric values set out in these Regulations, all other parameters not analysed under Group A and set in accordance with Regulation 6, except for parameters set out in Table D in Schedule 1, shall be monitored not less than at the frequencies set out in Note 2 to the Table, unless a different sampling frequency is determined on the basis of a risk assessment of the supply system carried out in accordance with Regulation 11 and Part 3 of this schedule.
Point 2 – Sampling frequencies
TABLE
Minimum frequency of sampling and analysis for compliance monitoring
Volume of water distributed or produced each day within a supply zone (Notes 1 and 2) m3
Group A parameter number of samples per year
Group B parameter number of samples per year
< 10
> 0 (Note 4)
> 0 (Note 4)
≥ 10
≤ 100
2
1 (Note 5)
> 100
≤ 1,000
4
1
> 1,000
≤ 10,000
4 for the first 1,000 m3/d + 3 for each additional 1,000 m3/d and part thereof of the total volume (Note 3)
1 for the first 1,000 m3/d + 1 for each additional 4,500 m3/d and part thereof of the total volume (Note 3)
> 10,000
≤ 100,000
3 for first 10,000 m3/d + 1 for each additional 10,000 m3/d and part thereof of the total volume (Note 3)
> 100,000
12 for first 100,000 m3/d +1 for each additional 25,000 m3/d and part thereof of the total volume (Note 3)
Notes to Table
Note 1: A supply zone is geographically defined area within which water intended for human consumption comes from one or more sources and within which the water quality can be considered as being approximately uniform;
Note 2: The volumes are calculated as averages taken over a calendar year. The number of inhabitants in a supply zone may be used instead of the volume of water to determine the minimum frequency, assuming water consumption of 200 l/ (day*capita);
Note 3: The frequency indicated is calculated as follows: e.g. 4,300 m3/d = 16 samples for Group A parameters (four of the first 1,000 m3/d + 12 for additional 3,300 m3/d);
Note 4: For water suppliers, where an exemption has not been granted under Regulation 3(2), the EPA shall lay down the minimum sampling frequency for parameters of Group A and B, provided that core parameters are monitored not less than once per year;
Note 5: The EPA may reduce the sampling frequency, provided that all parameters set in accordance with Regulation 6 are monitored not less than once every six years and are monitored in cases where a new water source is integrated into the water supply system or changes to that system, as a result of which a potentially adverse effect on the quality of water is to be expected, are made;
PART 3
Risk assessment and risk management of the supply system
1. Based on the outcome of risk assessment of the supply system as referred to in Regulation 11, the list of parameters considered in the monitoring shall be extended and the sampling frequencies set out in Part 2 increased where any of the following conditions is fulfilled:
(a) the list of parameters or frequencies set out in this Schedule is not sufficient to fulfil the obligations imposed under Regulation 13(2);
(b) additional monitoring is required for the purposes of Regulation 13(11);
(c) it is necessary to provide the assurances set out in paragraph 1(a) of Part 1;
(d) increasing the sampling frequencies is necessary pursuant to Regulation 10(10)(a).
2. As a result of a risk assessment of the supply system, the list of parameters considered in the monitoring and the sampling frequencies set out in Part 2 may be reduced provided that the following conditions are met:
(a) the location and frequency of sampling is determined in relation to the parameter’s origin, as well as the variability of, and long-term trend regarding, its concentration, taking into account Regulation 7;
(b) as regards reducing the minimum sampling of a parameter, the results obtained from samples collected at regular intervals over a period of not less than three years, from sampling points representative of the whole supply zone, are all less than 60 % of the parametric value;
(c) as regards removing a parameter from the list of parameters to be monitored, the results obtained from samples collected at regular intervals over a period of not less than three years, from sampling points representative of the whole supply zone, are all less than 30 % of the parametric value;
(d) as regards removing a parameter from the list of parameters to be monitored, the decision is based on the outcome of the risk assessment that takes into account the results of monitoring of sources of water intended from human consumption and confirms that human health is protected from the adverse effects of any contamination of water intended for human consumption, as laid down in Article 1 of the Directive;
(e) as regards reducing the sampling frequency of a parameter or removing a parameter from the list of parameters to be monitored, the risk assessment confirms that no factor that can be reasonably anticipated is likely to cause deterioration of the quality of the water intended for human consumption.
Where monitoring results, demonstrating that the conditions set out in points (2)(b) to (2)(e) are met, are already available by 12 January 2021, those monitoring results may, from that date, be used to adapt the monitoring following the risk assessment of the supply system.
Where adjustments of monitoring have already been implemented following risk assessment of the supply system in accordance, inter alia, with Part C of Annex II of Council Directive 98/83/EC of 3 November 19989 , the EPA may provide for the possibility to confirm their validity without requiring monitoring in accordance with point 2(b) and 2(c) over a further period of not less than three years from points representative of the whole supply zone.
PART 4
Sampling methods and sampling points
1. Sampling points shall be determined so as to ensure compliance with Regulation 7(1). In the case of a distribution network, the water supplier may take samples within the supply zone or at the treatment works for particular parameters if it can be demonstrated that there would be no adverse change to the measured value of the parameters concerned. As far as possible, the number of samples shall be distributed equally in time and location.
2. Sampling at the point of compliance shall meet the following requirements:
(a) compliance samples for certain chemical parameters, in particular copper, lead, and nickel, shall be taken at the consumers’ tap without prior flushing. A random daytime sample of one litre volume is to be taken. As an alternative, the water supplier may use fixed stagnation time methods that better reflect their national situation, such as the average weekly intake by consumers, provided that, at the supply zone level, this does not result in fewer cases of non-compliance that using the random daytime method;
(b) compliance samples for microbiological parameters at the point of compliance shall be taken and handled in accordance with I.S. EN ISO 19458, sampling purpose B.
3. Samples for Legionella in domestic distribution systems shall be taken at risk points for proliferation of Legionella, points representative for systemic exposure to Legionella, or both. The supervisory authority shall establish guidelines for sampling methods for Legionella.
4. Sampling in the distribution network, with the exception of sampling at the consumers’ tap shall be in accordance with ISO 5667-5. For microbiological parameters, samples in the distribution network shall be taken and handled in accordance with I.S. EN ISO 19458, sampling purpose A.
SCHEDULE 3
Regulation 13(9)
SPECIFICATIONS FOR THE ANALYSIS OF PARAMETERS
Water suppliers shall ensure that the methods of analysis used for the purposes of monitoring and demonstrating compliance with these Regulations, with the exception of turbidity, are validated and documented in accordance with I.S. EN ISO/IEC 17025 or other equivalent standards accepted at international level. Water suppliers shall ensure that laboratories or parties contracted by laboratories apply quality management system practices in accordance with I.S. EN ISO/IEC 17025 or other equivalent standards accepted at international level.
For the purposes of assessing the equivalence of alternative methods with the methods laid down in this Schedule, the laboratories, or parties contracted by laboratories, may use standard I.S. EN ISO 17994, established as the standard on the equivalence of microbiological methods, or standard I.S. EN ISO 16140 or any other similar internationally accepted protocols, to establish the equivalence of methods based on principles other than culturing, which are beyond the scope of I.S. EN ISO 17994.
In the absence of an analytical method meeting the minimum performance criteria set out in Part 2, the water supplier concerned shall ensure that monitoring is carried out using the best available techniques not entailing excessive costs.
PART 1
Microbiological parameters for which methods of analysis are specified
The methods of analysis for microbiological parameters are:
(a) Escherichia coli (E. coli) and coliform bacteria (I.S. EN ISO 9308-1 or I.S. EN ISO 9308-2);
(b) intestinal enterococci (I.S. EN ISO 7899-2);
(c) colony count or heterotrophic plate counts at 22°C (I.S. EN ISO 6222);
(d) Clostridium perfringens including spores (I.S. EN ISO 14189);
(e) Legionella (I.S. EN ISO 11731 for compliance with the value set out in Table D in Schedule 1);
for risk-based verification monitoring and to complement culture methods, in addition methods, such as ISO/TS 12869, rapid culture methods, non –culture-based methods, and molecular-based methods, in particular qPCR, can be used;
(f) Somatic coliphages;
for operational monitoring, Part 1 of Schedule 2, I.S. EN ISO 10705-2, and EN ISO 10705-3 can be used.
PART 2
Chemical and indicator parameters for which performance characteristics are specified
1. Chemical and indicator parameters
For the parameters set out in the Table, the method of analysis used shall, as a minimum, be capable of measuring concentrations equal to the parametric value with a limit of quantification, as defined in point (2) of Article 2 of Commission Directive 2009/90/EC of 31 July 200910 of 30% or less of the relevant parametric value and an uncertainty of measurement as specified in the Table. The result shall be expressed using not less than the same number of significant figures as for the parametric value set out in Tables B and C in Schedule 1.
The uncertainty of measurement laid down in the Table shall not be used as an additional tolerance to the parametric values set out in Schedule 1.
TABLE
Minimum performance characteristic ‘Uncertainty of measurement’
Parameters
Uncertainty of measurement (Note 1) % of the parametric value (except for pH)
Notes
Aluminium
25
Ammonium
40
Acrylamide
30
Antimony
40
Arsenic
30
Benzo(a)pyrene
50
Note 2
Benzene
40
Bisphenol A
50
Boron
25
Bromate
40
Cadmium
25
Chloride
15
Chlorate
40
Chorite
40
Chromium
30
Copper
25
Cyanide
30
Note 3
1,2-dichloroethane
40
Epichlorohydrin
30
Fluoride
20
HAAs
50
Hydrogen ion concentration pH
0.2
Note 4
Iron
30
Lead
30
Manganese
30
Mercury
30
Microcystin-LR
30
Nickel
25
Nitrate
15
Nitrite
20
Oxidasability
50
Note 5
Pesticides
30
Note 6
PFAS
50
Polycyclic aromatic hydrocarbons
40
Note 7
Selenium
40
Sodium
15
Sulphate
15
Tetrachloroethene
40
Note 8
Trichloroethene
40
Note 8
Trihalomethanes-total
40
Note 7
Total organic carbon (TOC)
30
Note 9
Turbidity
30
Note 10
Uranium
30
Vinyl Chloride
50
2. Notes to Table
Note 1: Uncertainty of measurement is a non-negative parameter characterising the dispersion of the quantity values being attributed to a measure and, based on the information used. The performance criterion for measurement uncertainty (k = 2) is the percentage of the parametric value stated in the table or any stricter value. The uncertainty of measurement shall be estimated at the level of the parametric value, unless otherwise specified;
Note 2: If the value of uncertainty of measurement cannot be met, the best available technique should be selected (up to 60 %);
Note 3: The method determines total cyanide in all forms;
Note 4: The value of the uncertainty of measurement is expressed in pH units;
Note 5: Reference method: I.S. EN ISO 8467;
Note 6: The performance characteristics for individual pesticides are given as an indication. Values for the uncertainty of measurement as low as 30 % can be achieved for serval pesticides, while higher values up to 80 % may be allowed for a number of pesticides;
Note 7: The performance characteristics apply to individual substances, specified at 25 % of the parametric value set out in Table B in Schedule 1;
Note 8: The performance characteristics apply to individual substances, specified at 50 % of the parametric value set out in Table B in Schedule 1;
Note 9: The uncertainty of measurement should be estimated at the level of 3 mg/l of the total organic carbon (TOC). EN 1484 Guidelines for the determination of TOC and dissolved organic carbon (DOC) shall be used for the specification of the uncertainty of the test method;
Note 10: The uncertainty of measurement should be estimated at the level of 1.0 NTU (nephelometric turbidity units), in accordance with I.S. EN ISO 7027 or another equivalent standard method;
3. Sum of PFAS
The following substances shall be analysed based on the technical guidelines developed by the European Commission in accordance with Article 13(7) of the Directive:
(a) Perfluorobutanoic acid (PFBA);
(b) Perfluoropentanoic acid (PFPA);
(c) Perfluorohexanoic acid (PFHxA);
(d) Perfluoroheptanoic acid (PFHpA);
(e) Perfluorooctanoic acid (PFOA);
(f) Perfluorononanoic acid (PFNA);
(g) Perfluorodecanoic acid (PFDA);
(h) Perfluoroundecanoic acid (PFUnDA);
(i) Perfluorododecanoic acid (PFDoDA);
(j) Perfluorotridecanoic acid (PFTrDA);
(k) Perfluorobutane sulfonic acid (PFBS);
(l) Perfluoropentane sulfonic acid (PFPS);
(m) Perfluorohexane sulfonic acid (PFHxS);
(n) Perfluoroheptane sulfonic acid (PFHpS);
(o) Perfluorooctane sulfonic acid (PFOS);
(p) Perfluoronoane sulfonic acid (PFNS);
(q) Perfluorodecane sulfonic acid (PFDS);
(r) Perfluoroundecane sulfonic acid;
(s) Perfluorododecane sulfonic acid;
(t) Perfluorotridecane sulfonic acid.
Those substances shall be monitored when the risk assessment and risk management of the catchment areas for abstraction points carried out in accordance with Regulation 10 conclude that those substances are likely to be present in a given water supply.
SCHEDULE 4
Regulation 14(1) and (3), and 10(4)
INFORMATION TO THE PUBLIC
The information in the following points shall be accessible to consumers on-line, in a user-friendly and customised way, and consumers may obtain access to that information by other means upon justified request:
(1) identification of the relevant water supplier, general information on the area and number of people supplied, and the method of water production, including on the types of water treatment and disinfection applied;
(2) the most recent monitoring results for parameters set out in Tables A, B and C in Schedule 1, including monitoring frequency together with any parametric value set in accordance with Regulation 6; the monitoring results shall not be more than one year old, except where the monitoring frequency set by these Regulations allows otherwise;
(3) information on the following parameters not set out in Table C in Schedule 1 and associated values;
(a) hardness;
(b) minerals, anions/cations dissolved in water;
– calcium Ca,
– magnesium Mg,
– potassium K;
(4) in the event of a potential danger to human health as determined by supervisory authorities or other relevant bodies following an exceedance of the parametric values set in accordance with Regulation 6, information on the potential danger to human health and the associated health and consumption-related advice or a hyperlink providing access to such information;
(5) relevant information on risk assessment on risk assessment of the supply system;
(6) advice to consumers, including on how to reduce water consumption, where appropriate, how to use water responsibly according to local conditions and how to avoid health risks due to stagnant water;
(7) for water suppliers supplying not less than 10,000 cubic metres of water per day or serving not less than 50,000 people, annual information on the following:
(a) the overall performance of the water system in terms of efficiency and leakage rates, once that information is available and at the latest on 12 January 2026;
(b) the ownership structure of the water supply by the water supplier;
(c) where costs are recovered through a tariff system, information on the structure of the tariff per cubic metre of water, including fixed and variable costs and costs related to measures for the purposes of Regulation 21, where such measures have been taken by water suppliers;
(d) where available, a summary and statistics regarding consumer complaints received by the water suppliers on matters within the scope of these Regulations;
(8) Upon justified request, consumers shall be given access to historical data for information under paragraphs (2) and (3), dating back up to 10 years, if available, and not earlier than 13 January 2023.
SCHEDULE 5
Regulation 10(4)
PRINCIPLES FOR SETTING METHODOLOGY
REFERRED TO IN REGULATION 19
Groups of materials
1. Organic materials
Organic material shall only be made of the following:
(a) the starting substances listed in the European positive list of starting substances to be established by the European Commission in accordance with point (b) of the first subparagraph of Article 11(2) of the Directive.
(b) substances in relation to which there is no possibility that the substance and its reaction products are present at levels exceeding 0.1 μg/l in water intended for human consumption, unless for specific substances a more stringent value is needed taking into account their toxicity.
Organic materials shall be tested in accordance with Table 1 in line with methods for testing specified in relevant European standards or, in the absence thereof, an internationally or nationally recognised method and shall satisfy the requirements stipulated therein. For this purpose, the test results in terms of substance migration shall be converted into estimated levels at the tap.
2. Metallic materials
Only metallic materials included in the European positive list of compositions to be established by the European Commission in accordance with point (b) of the first subparagraph of Article 11(2) of the Directive shall be used. The limitations stipulated in the European positive list in respect of the composition of these materials, their use for certain products and the use of these products shall be compiled with.
Metallic materials shall be tested in accordance with the Table in line with methods for testing specified in relevant European standards or, in the absence thereof, an internationally or nationally recognised method and shall satisfy the requirements stipulated therein.
3. Cementitious materials
Cementitious materials shall only be made of one or more of the following:
(a) organic constituents listed in the European positive list of constituents to be established by the European Commission in accordance with point (b) of the first subparagraph of Article 11(2);
(b) organic constituents in relation to which there is no possibility that the constituents and their reaction products are present at levels exceeding 0.1 μg/l in water intended for human consumption;
(c) inorganic constituents.
Cement-bound materials shall be tested in accordance with the Table in line with methods for testing specified in relevant European standards or, in the absence thereof, an internationally or nationally recognised method and shall satisfy the requirements stipulated therein. For this purpose, the test results in terms of substance migration shall be converted into estimated levels at the tap.
4. Enamels and ceramic materials
Enamels and ceramic materials shall only be made of starting substances from the European positive list of compositions to be established by the European Commission in accordance with point (b) of the first subparagraph of Article 11(2) of the Directive, after carrying out an assessment of the elements used in the composition of these materials.
Enamels and ceramic materials shall be tested in accordance with the Table in line with methods for testing specified in relevant European standards or, in the absence thereof, an internationally or nationally recognised method and shall satisfy the requirements stipulated therein. For this purpose, the test results in terms of substance migration shall be converted into estimated levels at the tap.
5. Exceptions for assessment of materials used in minor and assembled components
For assembled products: minor components, parts and materials shall be described in detail and testing shall be reduced accordingly. For this purpose, ‘minor’ refers to a level of influence on the quality of water intended for human consumption that does not require full testing.
TABLE
Testing related to material type
Criteria
Organic (Note 1)
Metallic (Note 2)
Cementitious
Enamels and ceramic materials
European positive lists
European positive list of starting sub-stances for organic materials
X
N.N.
X
N.N.
European positive list of accepted metallic compositions
N.N.
X
N.N.
N.N.
European positive list of constituents for cementitious materials
N.N.
N.N.
X
N.N.
European positive list of compositions for enamels and ceramic materials
N.N.
N.N.
N.N.
X
Organoleptic tests
Odour and flavour
X
N.N.
X
N.N.
Colour and Turbidity
X
N.N.
X
N.N.
General hygiene assessments
Leaching of total organic carbon
X
N.N.
X
N.N.
Surface residues (metals)
N.N.
X
N.N.
N.N.
Migration testing
Relevant parameters of these Regulations
X
X
X
X
MTCtap of PL substances
X
N.N.
X (Note 3)
N.N.
Unexpected substances (GCMS)
X
N.N.
X (Note 3)
N.N.
Compliance with compositions lists
N.N.
X
N.N.
X
Enhancement of microbial growth
X
N.N.
X (Note 3)
N.N.
N.N.: Not necessary
MTCtap: Maximum tolerable concentration at the tap (either derived from the opinion of ECHA for the purposes of inclusion of the substance in the European positive list, or based on a specific migration limit set in Commission Regulation (EU) No 10/2011 of 14 January 201111 and considering a 10 % allocation factor and water consumption of 2 litres per day)
GCMS: Gas Chromatography – Mass Spectrometry (screening method)
Notes to Table
Note 1: Specific exceptions to be determined in line with paragraph 5;
Note 2: Metals shall not be subject to organoleptic testing because it is generally accepted that if the parametric values set out in Schedule 1 are met, organoleptic problems are unlikely to arise;
Note 3: Depending on the existence of organic substances in the composition;
SCHEDULE 6
Regulation 10(3), (4) and (11)
SOURCE PROTECTION
Roles and responsibilities for drinking water source protection in the catchment areas to the abstractions points for water intended for human consumption
The detailed description of these roles and responsibilities shall be further outlined in guidelines in relation to drinking water source protection made by the Minister in accordance with Regulation 10(11).
The risk-based approach to source protection for the catchment areas of abstraction points producing water intended for human consumption, is divided into activities across the source protection agencies, these activities include:
• Risk assessment of the catchment areas
• Risk management of the catchment areas
• Monitoring
• Data Sharing
• Reporting
The roles and responsibilities for source protection agencies shall be as follows:
Uisce Éireann:
• shall prepare and update risk assessments for their individual water supplies and abstractions,
• shall initiate and coordinate collaborative risk management of catchment areas, with support from other public bodies, including the preparation and updating of risk management plans which will document the source risk management approach and selection of preventive and/or mitigation measures,
• shall coordinate technical assessments and track implementation, and
• shall share data from source monitoring, source risk assessment and source risk management with other relevant public bodies; and will provide this information to the EPA.
EPA:
• shall support risk assessment and risk management through sharing relevant data, expertise and information from Water Framework Directive monitoring,
• may review and assess source risk assessment and source risk management plans,
• may issue guidelines in relation to the risk assessment and risk management,
• shall fulfil requirements for reporting to European Commission,
• may optimise national Water Framework Directive monitoring to align with the objectives of drinking water source protection, and
• shall collate and make available relevant data from the Water Framework Directive and Drinking Water Directive monitoring programmes and assessments with the Water Suppliers and other relevant public bodies.
Local Authorities:
• shall support risk assessment and risk management of catchments for abstractions, through the sharing of relevant data, expertise and information, consistent with their roles and responsibilities under Water Framework Directive,
• may carry out further characterisation in the catchment areas of sources and shall share findings with Water Suppliers and the EPA,
• may review and assess source risk assessments and source risk management plans,
• shall collect, and make available to the EPA, relevant information on the nature of the supplies, and their risk and risk management assessments,
• may support the planning and implementation of measures in catchments of abstractions, and may refer actions to the relevant implementing bodies where appropriate, and
• shall prioritise, where appropriate, the enforcement of measures established for contaminant-specific safeguard zones, where these are established.
GSI:
• shall delineate zones of contribution for groundwater-sourced abstractions,
• may technically review all delineated abstraction catchments (both surface water and groundwater),
• shall support risk assessment and risk management of catchment areas through the sharing of relevant data, expertise and information, including:
• Supporting catchment characterisation and further characterisation activity,
• Supporting the delineation of critical source areas within catchments of abstractions in karst settings,
• Developing an online tool for use by private supply owners or their agents to delineate groundwater source catchments, and
• shall host and maintain all delineated abstraction catchments (both surface water and groundwater).
/images/ls
GIVEN under my Official Seal,
7 March, 2023.
DARRAGH O’BRIEN,
Minister for Housing, Local Government and Heritage.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation.)
The purpose for which these Regulations are made is to transpose the State’s obligations under the Recast Drinking Water Directive 2020 (Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020). These Regulations concern the quality of water intended for human consumption. The objectives of these Regulations are to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean, and to improve access to water intended for human consumption.
1 OJ No. L 327, 22.12.2000, p. 1.
2 OJ No. L 435, 23.12.2020, p. 1.
2 OJ No. L 435, 23.12.2020, p. 1.
3 OJ No. 31, 012.02.2002, p. 1.
4 OJ No L 311, 28.11.2001, p. 67.
1 OJ No. L 327, 22.12.2000, p. 1.
3 OJ No. 31, 012.02.2002, p. 1.
5 OJ No. L 108, 25.04.2007, p. 1.
5 OJ No. L 108, 25.04.2007, p. 1.
6 OJ No. L 169, 25.06.2019, p. 1.
7 OJ No L 167, 27.06.2012, p. 1.
8 OJ No L 309, 24.11.2009, p. 1.
9 OJ No. L 330, 05.12.1998, p. 32
10 OJ No. L 201, 01.08.2009, p. 36.
11 OJ No L 12, 15.01.2011, p.1.
S.I. No. 122/2010 –
European Communities (Assessment and Management of Flood Risks) Regulations 2010.
Section. Title
PART 1
PRELIMINARY
1. Citation.
2. Interpretation.
3. Expenses.
PART 2
GENERAL
4. Administrative arrangements, role of the Commissioners and power of entry.
5. General duty of public authorities, specified bodies and organisations.
6. Co-ordination with the Water Framework Directive.
PART 3
ASSESSMENT AND MANAGEMENT
7. Preliminary flood risk assessment.
8. Sending of copies of preliminary flood risk assessments to county councils.
9. Consideration of observations on preliminary flood risk assessments.
10. Areas of potential significant flood risks.
11. Flood hazard maps and flood risk maps.
12. Sending of copies of flood hazard maps and flood risk maps to county councils.
13. Objections to flood hazard maps.
14. Consideration of observations on flood hazard maps and flood risk maps.
15. Flood risk management plans.
16. Co-ordination with other Member States regarding flood risk management plans.
17. Public information and involvement.
18. Sending of copies of flood risk management plans to county councils.
19. Approval of flood risk management plans by the Minister.
20. Sending of flood risk management plans approved by the Minister to county councils.
21. Implementing measures and amendments.
22. Making of data available to the European Commission.
23. Advising the European Commission of legal changes.
PART 4
OPERATIONAL MATTERS
24. General responsibility of the Commissioners for flood risk management.
25. Preparation of schemes of flood risk management works and measures.
26. Powers of the Commissioners regarding planning permission.
27. Sending of copies of schemes to county councils.
28. Notices to reputed proprietors, occupiers.
29. Approval of flood risk management scheme by the Minister.
30. Compulsory acquisition of land.
31. Compensation for certain interferences with land.
32. Compensation for injury to canals, fisheries.
33. Matters to be regarded in assessment of compensation.
34. Disposal of surplus land.
35. Rectification of procedural defects.
36. Inclusion of existing drainage works in a flood risk management scheme.
37. The carrying out of a flood risk management scheme.
38. Protection of fisheries.
39. Duties of the Commissioners in regard to public roads and bridges.
40. Certificate of total or partial completion.
41. Maintenance of flood risk management works by the Commissioners.
42. Powers of the Commissioners in relation to maintenance.
43. Execution of additional works.
44. Modification or relocation of watercourse, embankment or other works.
45. Powers of Commissioners where there is a substantial risk of flooding as a result of modification or relocation of relevant works.
46. The panel of property arbitrators.
47. General power of the Commissioners to employ contractors.
48. Additional powers for recovery of money payable by county councils.
49. Payment of certain debts out of compensation.
50. Restrictions on the construction or alteration of bridges.
51. Protection of the Commissioners from certain liabilities.
52. Offences and penalties.
53. Bye-laws.
54. Apportionment of land purchase annuities.
55. Designation orders.
56. Power to construct a substitute embankment.
57. Abandonment of an existing embankment.
58. Powers of the Minister.
59. General power of the Commissioners to delegate powers and responsibilities.
60. Costs of flood risk management works may be defrayed by third parties.
61. Arrangements with a public authority.
62. Arrangements with public and other bodies.
63. Minor operations and works.
SCHEDULE 1
PART 1
Public authorities
PART 2
Public bodies
PART 3
Organisations
SCHEDULE 2
Annex I of Water Framework Directive
SCHEDULE 3
List of Arterial Drainage Acts
SCHEDULE 4
Components of flood risk management plans and description of the implementation of the plan
SCHEDULE 5
Components of the subsequent update of flood risk management plans
S.I. No. 122 of 2010.
EUROPEAN COMMUNITIES (ASSESSMENT AND MANAGEMENT OF FLOOD RISKS) REGULATIONS 2010.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 26th March, 2010.
The Minister for Finance, in exercise of the powers conferred on him by the European Communities Acts, 1972 to 2007, for the purpose of giving further effect to Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 establishing a framework for Community action in the field of assessment and management of flood risks hereby makes the following Regulations:
PART 1 PRELIMINARY
Citation.
1. (1) These Regulations may be cited as the European Communities (Assessment and Management of Flood Risks) Regulations 2010.
Interpretation.
2. (1) Any reference to a Section or Schedule is a reference to a Section or Schedule of these Regulations and any reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs.
(2) Any reference to an Article or Annex, unless otherwise indicated, is a reference to an Article or Annex of Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks.
(3) Any word or expression which is used in these Regulations and is also used in the Directive has the same meaning as in the Directive except where these Regulations provide otherwise.
(4) In these Regulations, save where the context otherwise requires—
“the Act of 1945” means the Arterial Drainage Act, 1945 (No. 3 of 1945),
“authorised person” means such person or persons or bodies as the Commissioners may authorise for the purposes of these Regulations,
“catchment area” means the land area from which rainfall will drain overland or (with some exceptions for groundwater flow, which may be inter-catchment) through sub-surface drainage, into a river, lake, reservoir or sea.
“the Commissioners” means the Commissioners of Public Works in Ireland,
“the Competent Authority” in relation to a river basin district (subject to Section 4.1), has the meaning assigned by Article 3 of the Water Framework Directive, for the purposes of that directive,
“county council” includes a city council,
“the Directive” means Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks,
“embankment” means an artificial watercourse, drain, embankment, or other work constructed for the purposes of these Regulations and includes all sluices, sluice-gates, pumps, weirs, watercourses, and other works forming part of or essential to the effective operation of any such embankment or work,
“existing drainage district” means a drainage district constituted under any of the Acts specified in the Third Schedule to these Regulations and wholly situate within the State,
“existing drainage works” means the drainage works in an existing drainage district,
“existing embankment” means an embankment constructed (whether before or after the passing of these Regulations) for the protection from flooding of land purchased under the Land Purchase Acts or the subject of proceedings under those Acts, whether such embankment was constructed before or after such purchase or the institution of proceedings therefore and whether such embankment was constructed by a former landlord or other person or by trustees or by or under the supervision of the Irish Land Commission,
“the European Commission” means the Commission of the European Communities,
“flood” means the temporary covering by water of land not normally covered by water. This shall include floods from rivers, mountain torrents, Mediterranean ephemeral water courses, and floods from the sea in coastal areas, and may exclude floods from sewerage systems,
“flood risk” means the combination of the probability of a flood event and of the potential adverse consequences for human health, the environment, cultural heritage and economic activity associated with a flood event,
“flood risk management works” includes both structural and non-structural works and measures included in a flood risk management scheme,
“international river basin” means a river basin lying partly in the State and partly in Northern Ireland,
“international river basin district” means the combined river basin district areas in the State and in Northern Ireland in relation to an international river basin,
“land” includes water (whether inland or coastal) and, in relation to the acquisition of land, includes any interest or right in or over land or water,
“local authority” means a city council, a county council, a borough council or a town council,
“the Minister” means the Minister for Finance,
“Minister of State” means any Minister who is a member of the Government,
“offence” means an offence as described by Section 52(1),
“organisation” means any body listed in Part 3 of the First Schedule,
“private bridge” does not include a reference to any kesh, footstick or other similar structure,
“public authority” means any body listed in Part 1 of the First Schedule,
“public body” means any body listed in Part 2 of the First Schedule,
“the Reference Committee” means the Reference Committee constituted by paragraph (c) of subsection (5) of Section 1 of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925),
“reserved function” means:
(a) in the case of the corporation of a county borough, a reserved function for the purposes of the enactments relating to the management of that county borough, and
(b) in any other case, a reserved function for the purposes of the County Management Acts, 1940 and 1942,
“river” means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course,
“river basin” means the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta,
“river basin district” means the area of land and sea, made up of one or more neighbouring river basins together with their associated groundwaters and coastal waters, which is identified under Article 3(1) of the Water Framework Directive as the main unit for management of river basins and in relation to an international river basin district, means that part of the international river basin district which lies within the State,
“sub-basin” means the area of land from which all surface run-off flows through a series of streams, rivers and, possibly, lakes to a particular point in a water course (normally a lake or a river confluence),
“unit of management” means such area of land as may be designated by the Commissioners from time to time including but not limited to rivers, river basin, river basin districts and watercourses and coastal areas,
“the Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy,
“watercourse” includes rivers, streams, and other natural watercourses, and also canals, drains, and other artificial watercourses.
Expenses.
3. (1) The expenses incurred by the Minister or the Commissioners in the administration of these Regulations shall (to such extent as may be sanctioned by the Minister and so far as they are not otherwise provided for by these Regulations) be paid out of money provided by the Oireachtas.
PART 2 GENERAL
Administrative arrangements, role of the Commissioners and power of entry.
4. (1) For the purposes of the Directive and these Regulations:
(a) the Commissioners of Public Works in Ireland are appointed as the Competent Authority under the Directive and these Regulations for all river basin districts or other units of management, and
(b) the Commissioners may exercise any of the powers and perform any of the functions conferred and imposed on the Commissioners by these Regulations through or by any of its officers or servants or an authorised person.
(2) For the purposes of the Directive and these Regulations use shall be made of the arrangements made under Article 3(1), (2), (3), (5) and (6) of the Water Framework Directive except as set out in subsection (1), and:
(a) the Commissioners shall have power to identify certain coastal areas or individual river basins and assign them to a unit of management different from those assigned pursuant to Article 3(1) of the Water Framework Directive. In cases where the Commissioners exercise this power, the Commissioners shall, by 26 May 2010, communicate to the European Commission the information referred to in the Second Schedule.
(3) The Commissioners shall inform the European Commission of any changes in the information provided pursuant to this Section within three months of the change coming into effect.
(4) The Commissioners shall promote the co-ordinated implementation of the Directive across river basin districts or other units of management and, together with the Competent Authorities in Northern Ireland, in relation to international river basin districts.
(5) The Commissioners may, following consultation with such (if any) bodies or other persons as the Commissioners consider appropriate, issue guidance and general policy advice in relation to the implementation of these Regulations and, subject to subsection (6), the relevant public authorities shall have regard to any such guidance and advice.
(6) Subsection (5) shall not be construed as enabling the Commissioners to exercise any power or control in relation to the performance in particular circumstances by a public authority of its statutory functions.
(7) It shall be lawful for the Commissioners and or an authorised person to enter on any lands and there do all such things as may appear to them to be necessary or expedient for, or ancillary to, the purposes of assessment and management of flood risks and giving effect to these Regulations and the Directive, including but not limited to, the preparation, review or alteration of a preliminary flood risk assessment, flood hazard map, flood risk map, flood risk management plan, schemes of flood risk management works or executing or maintaining works as part of a flood risk management scheme and the making of any such surveys including but not limited to hydrometric, engineering, topographic, environmental and valuation surveys of any land and gathering of information in relation thereto as are mentioned in this section.
(8) Where an authorised person is refused entry to any land, the authorised person or the Commissioners, as the case may be, may apply to a judge of the District Court assigned to the district Court District in which the land is situated for a warrant authorising such entry, and upon the hearing of the application the judge shall, if satisfied that such entry is necessary or expedient, by warrant authorise such entry, on production of the warrant, if so requested.
(9) The Commissioners shall have power to establish committees and groups for the furtherance of the aims of the Directive, composed of such persons or bodies and operating in such manner as the Commissioners shall direct.
General duty of public authorities, public bodies and organisations.
5. (1) It shall be the duty of every public authority to:
(a) exercise its functions in a manner which is consistent with the provisions of the Directive and these Regulations, and which achieves or promotes compliance with the requirements of the Directive and these Regulations,
(b) take such actions as may be appropriate in the context of its functions to secure compliance with the Directive and with the provisions of any flood risk management plan, any objective established, and any programme of measures established, in accordance with these Regulations,
(c) consult, co-operate and liaise with other public authorities and the Commissioners in such a manner and to such extent as is necessary to ensure co-ordination of the delivery of the requirements of the Directive,
(d) provide within a period of one month or such extended period as may be approved by the Commissioners, such information appropriate to its functions as may be reasonably required by any other public authority or the Commissioners for the purpose of compliance with the Directive and, insofar as is practicable, provide such information, where so requested, in a form disaggregated by reference to river basin districts, river basins, sub-basins or such other areas as may be specified, and where requested by the Commissioners, provide the information in such format as may be specified by the Commissioners, and
(e) encourage the active involvement of all interested parties in relation to the measures being taken by the public authority for implementation of the Directive.
(2) Without prejudice to the generality of subsection (1), the Commissioners may designate a public body specified in Part 2 of the First Schedule as the body responsible either individually or in combination with other public authorities, with respect to the infrastructure, and the associated risk of flooding that could arise from such infrastructure, for which they have existing responsibility, to undertake preliminary flood risk assessments in accordance with Section 7.
(3) Where, based on the preliminary flood risk assessment referred to in subsection (2) an area of potential significant flood risk, referred to in Section 10, is identified the public body designated pursuant to Subsection (2) shall have responsibility for:
(a) preparing flood hazard maps and flood risk maps, in accordance with these Regulations, and
(b) preparing flood risk management plans in accordance with these Regulations, and
(c) providing reports and information to the Commissioners, in such format as specified by the Commissioners, and at such times as required by the Commissioners to enable them to adhere to timescales set out in these Regulations.
(4) The Commissioners may require a body listed in Part 3 of the First Schedule to supply within a period of not less than one month and not more than three months, as determined by the Commissioners, reports and information relating to flooding and assessment and management of flood risks to the Commissioners subject to the Commissioners guaranteeing to protect, subject to law, contractual obligations and restrictions, the confidentiality of any commercially sensitive information provided.
Co-ordination with the Water Framework Directive.
6. (1) The Commissioners and the Competent Authorities under the Water Framework Directive shall take appropriate steps to co-ordinate the application of the Directive and that of the Water Framework Directive focusing on opportunities for improving efficiency, information exchange and for achieving common synergies and benefits having regard to the environmental objectives laid down in Article 4 of the Water Framework Directive. In particular:
(a) the development of the first flood hazard maps and flood risk maps and their subsequent reviews as referred to in Section 11 shall be carried out in such a way that the information they contain is consistent with relevant information presented according to the Water Framework Directive. They shall be co-ordinated with, and may be integrated into, the reviews provided for in Article 5(2) of the Water Framework Directive, and
(b) the development of the first flood risk management plans and their subsequent reviews as referred to in Section 15 shall be carried out in co-ordination with, and may be integrated into, the reviews of the river basin management plans provided for in Article 13(7) of the Water Framework Directive, and
(c) the active involvement of all interested parties under Sections 17(1) and (2) shall be co-ordinated, as appropriate, with the active involvement of interested parties under Article 14 of the Water Framework Directive.
PART 3 ASSESSMENT AND MANAGEMENT
Preliminary flood risk assessment.
7. (1) The Commissioners shall, for each river basin district, or unit of management referred to in Section 4(2)(a), or the portion of an international river basin district lying within the territory of the State, undertake or cause to be undertaken, a preliminary flood risk assessment in accordance with paragraph 2 of this section.
(2) Based on available or readily derivable information, such as records and studies on long term developments, in particular impacts of climate change on the occurrence of floods, a preliminary flood risk assessment referred to in subsection (1) shall be undertaken to provide an assessment of potential risks. The assessment shall include at least the following:
(a) maps of the river basin district at the appropriate scale including the borders of the river basins, sub-basins and, where existing, coastal areas, showing topography and land use, and
(b) a description of the floods which have occurred in the past and which had significant adverse impacts on human health, the environment, cultural heritage and economic activity and for which the likelihood of similar future events is still relevant, including their flood extent and conveyance routes and an assessment of the adverse impacts they have entailed, and
(c) a description of the significant floods which have occurred in the past, where significant adverse consequences of similar future events might be envisaged, and
(d) depending on the specific needs of the State, it shall include an assessment of the potential adverse consequences of future floods for human health, the environment, cultural heritage and economic activity, taking into account as far as possible issues such as the topography, the position of watercourses and their general hydrological and geomorphological characteristics, including floodplains as natural retention areas, the effectiveness of existing man-made flood defence infrastructures, the position of populated areas, areas of economic activity and long-term developments including impacts of climate change on the occurrence of floods.
(3) In the case of international river basin districts, or units of management referred to in Section 4(2)(a), which are shared with Northern Ireland, the Commissioners shall act to ensure that exchange of relevant information takes place between the Competent Authorities concerned.
(4) The Commissioners shall complete the preliminary flood risk assessments by 22 December 2011.
(5) The Commissioners may decide not to undertake the preliminary flood risk assessment for those river basins, or other units of management where either:
(a) a risk assessment has already been undertaken to conclude, before 22 December 2010, that a potential significant flood risk exists or might be considered likely to occur leading to the identification of the area among those referred to in Section 10(1), or
(b) they have decided, before 22 December 2010, to prepare flood hazard maps and flood risk maps and to establish flood risk management plans in accordance with the relevant provisions of the Directive.
(6) Subsection (5) shall apply without prejudice to subsection (7).
(7) The preliminary flood risk assessment, or the assessment and decisions referred to in subsection (5), shall be reviewed, and if necessary updated by the Commissioners, by 22 December 2018 and every six years thereafter.
(8) The likely impact of climate change on the occurrence of floods shall be taken into account by the Commissioners in the reviews referred to in subsection (7).
Sending of copies of preliminary flood risk assessments, to county councils.
8. (1) When the Commissioners have prepared a preliminary flood risk assessment, they shall:
(a) send or make available digitally a copy of such assessment, to the county council, and if the Commissioners consider it appropriate to other local authorities, in which the area or any part of the area covered by the preliminary flood risk assessment, is situate, and
(b) publish in the Iris Oifigiúil and such one or more newspapers circulating in the said area as they shall consider appropriate a notice stating that such assessment has been prepared by them and also stating how the said assessment may be viewed and the period, not being less than one month, during which a copy of such preliminary flood risk assessment, will be available for inspection pursuant to the next following subsection of this section, and the date by which observations in regard to the said preliminary flood risk assessment may be sent to the Commissioners.
(2) Every county council and if the Commissioners consider it appropriate, a local authority, to which a copy of a preliminary flood risk assessment, is sent by the Commissioners pursuant to this section:
(a) shall cause such copy to be exhibited in their principal offices or other convenient place and, if the Commissioners consider it appropriate, through digital media, during the period specified in that behalf in the notice relating to such assessment published pursuant to subsection (1) of this section and shall permit such copy to be inspected during office hours by any person claiming to be interested therein, and
(b) shall examine and consider the preliminary flood risk assessment of which such copy is a copy, and
(c) may, at any time within two months after the date of the publications in the Iris Oifigiúil pursuant to subsection (1) of this section of the notice relating to such assessment, send to the Commissioners all such observations in regard to such assessment, as such county council or local authority shall think proper.
(3) The duties imposed on the county council or on the local authority by subsection (2) shall each be a reserved function.
Consideration of observations on preliminary flood risk assessments.
9. (1) When all the times limited by the provisions of Section 8 of these Regulations for the sending to the Commissioners of observations by county councils or other persons in regard to a preliminary flood risk assessment, the Commissioners shall do the following:
(a) consider every such observation sent to them within the time appropriate thereto, and
(b) after consultation with such (if any) Minister of State as they shall think proper, make such, if any, alterations (whether by addition, omission, or variation) in the preliminary flood risk assessment, as they shall think proper.
Areas of potential significant flood risks.
10. (1) On the basis of a preliminary flood risk assessment as referred to in Section 7 the Commissioners shall, for each river basin district, or unit of management referred to in Section 4(2)(a), or portion of an international river basin district lying within the territory of the State, identify those areas for which they conclude that potential significant flood risks exist or might be considered likely to occur.
(2) The identification under subsection (1) of areas belonging to an international river basin district, or to a unit of management referred to in Section 4(2)(a) shared with Northern Ireland, shall be co-ordinated by the Commissioners with the appropriate authorities in Northern Ireland.
Flood hazard maps and flood risk maps.
11. (1) The Commissioners shall at the level of the river basin district, or unit of management referred to in Section 4(2)(a) subject to the provisions of Sections 12, 13 and 14 prepare flood hazard maps and flood risk maps, at the most appropriate scale for the areas identified under Section 10(1).
(2) For areas identified under Section 10 which are shared with Northern Ireland, the Commissioners shall take steps to ensure exchange of information between the Commissioners and the appropriate authorities in Northern Ireland prior to the preparation of flood hazard maps and flood risk maps.
(3) The flood hazard maps shall cover the geographical areas, which could be flooded according to the following scenarios:
(a) floods with a low probability, or extreme event scenarios,
(b) floods with a medium probability (likely return period 100 years),
(c) floods with a high probability, where appropriate.
(4) For each scenario referred to in subsection (3) the following elements shall be shown:
(a) the flood extent, and
(b) water depths or water level, as appropriate, and
(c) where appropriate, the flow velocity or the relevant water flow.
(5) Flood risk maps shall show the potential adverse consequences associated with flood scenarios referred to in subsection (3) and expressed in terms of the following:
(a) the indicative number of inhabitants potentially affected,
(b) type of economic activity of the area potentially affected,
(c) installations as referred to in Annex I to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control which might cause accidental pollution in case of flooding and potentially affected protected areas identified in Annex IV(1)(i), (iii) and (v) to the Water Framework Directive, and
(d) other information which the Commissioners consider useful such as the indication of areas where floods with a high content of transported sediments and debris floods can occur and information on other significant sources of pollution.
(6) The Commissioners may decide that, for coastal areas where an adequate level of protection is in place, the preparation of flood hazard maps shall be limited to the scenario referred to in subsection (3)(a) of this section.
(7) The Commissioners may decide that, for areas where flooding is from groundwater sources, the preparation of flood hazard maps shall be limited to the scenario referred to in subsection (3)(a) of this section.
(8) The Commissioners shall ensure that the flood hazard maps and flood risk maps are completed by 22 December 2013.
(9) The Commissioners may decide to make use of flood hazard maps and flood risk maps finalised before 22 December 2010, if such maps provide a level of information equivalent to the requirements of this section.
(10) Subsection (9) shall apply without prejudice to subsection (11).
(11) The flood hazard maps and the flood risk maps shall be reviewed, and if necessary updated by the Commissioners, by 22 December 2019 and every six years thereafter.
Sending of copies of flood hazard maps and flood risk maps to county councils.
12. (1) When the Commissioners have prepared a flood hazard map and/or flood risk map they shall:
(a) send, or make available digitally, a copy of such map or maps to the county council, and if the Commissioners consider it appropriate to other local authorities, in which the area or any part of the area covered by the said flood hazard map and/or flood risk map is situate, and
(b) publish in the Iris Oifigiúil and such one or more newspapers circulating in the said area as they shall consider appropriate a notice stating that such flood hazard map and/or flood risk map has been prepared by them and also stating the place or places at which and the period, not being less than one month, during which a copy or copies of such flood hazard map and/or flood risk map will be available for inspection pursuant to the next following subsection of this section, and the date by which observations in regard to the said flood hazard map and/or flood risk map may be sent to the Commissioners, and
(c) if they consider it appropriate, arrange, in collaboration with the county councils and other local authorities, for other forms of public consultation and information dissemination.
(2) Every county council and if the Commissioners consider it appropriate, other local authority, to which a copy of a flood hazard map and/or flood risk map is sent by the Commissioners pursuant to this section:
(a) shall cause such copy or copies to be exhibited in their principal offices or other convenient place during the period specified in that behalf in the notice relating to such map or maps published pursuant to subsection (1) of this section and shall permit such copy or copies to be inspected during office hours by any person claiming to be interested therein, and
(b) shall examine and consider the said maps of which such copy is a copy, and
(c) may, at any time within two months after the date of the publications in the Iris Oifigiúil pursuant to subsection (1) of this section of the notice relating to such map or maps send to the Commissioners all such observations in regard to such map or maps as such county council shall think proper.
(3) The duty imposed on the county council by paragraph (b) of subsection (2) of this section and the power conferred on the local authority by paragraph (c) of the said subsection (2) shall each be a reserved function.
Objections to flood hazard maps.
13. (1) Any person, including a body corporate, who is the owner, occupier or user of the land shown on flood hazard maps as falling within the scenarios set out in Section 11(3)(a), (b) or (c) may, within one month of the appearance of the notice in Iris Oifigiúil lodge an objection, to the inclusion of such land or portion of lands in any of these categories, stating the reasons why they consider it unreasonable to conclude that the land in question could be flooded according to the relevant scenarios at 11(3)(a), (b) and (c).
(2) The Commissioners shall consider all such objections and decide to amend or confirm the inclusion of the land in question in the flood hazard map, giving reasons for such decision.
(3) The owner, occupier or user of the land, may, not later than 30 days after the day on which the decision referred to in subsection (2) is given, serve notice of appeal on the Commissioners against that decision.
(4) Where in circumstances to which subsection (3) relates, the appeal shall be referred to an arbitrator who shall be appointed by the President for the time being of the Law Society of Ireland on the application of the Commissioners.
(5) An arbitrator appointed under subsection (4) of this section shall be paid such remuneration (if any) incurred by him or her as the Commissioners, with the consent of the Minister, may determine.
Consideration of observations on flood hazard maps and flood risk maps.
14. (1) When all the times limited by the provisions of Section 12 and 13 of these Regulations for the sending to the Commissioners of observations by county councils or other persons in regard to a flood hazard map or a flood risk map the Commissioners shall do the following:
(a) consider every such observation sent to them within the time appropriate thereto, and
(b) after consultation with such (if any) Minister of State as they shall think proper, make such, if any, alterations (whether by addition, mission, or variation) in the said flood hazard map or flood risk map as they shall think proper.
Flood risk management plans.
15. (1) On the basis of the maps referred to in Section 11, the Commissioners shall establish flood risk management plans co-ordinated at the level of the river basin district, or unit of management referred to in Section 4(2)(a), for the areas identified under Section 10(1) in accordance with subsections (2) and (3) of this section.
(2) The Commissioners shall establish appropriate objectives for the management of flood risks for the areas identified under Section 10(1) focusing on the reduction of potential adverse consequences of flooding for human health, the environment, cultural heritage and economic activity, and, if considered appropriate, on nonstructural initiatives and/or on the reduction of the likelihood of flooding.
(3) The flood risk management plans established by the Commissioners shall include measures for achieving the objectives established in accordance with subsection (2) of this section and shall include the components set out in the Fourth Schedule. Flood risk management plans shall take into account relevant aspects such as costs and benefits, flood extent and flood conveyance routes and areas which have the potential to retain flood water, such as natural floodplains, the environmental objectives of Article 4 of the Water Framework Directive, soil and water management, spatial planning, land use, nature conservation, navigation and port infrastructure. Flood risk management plans shall address all aspects of flood risk management focusing on prevention, protection, preparedness, including flood forecasts and early warning systems and taking into account the characteristics of the particular river basin or other unit of management. Flood risk management plans may also include the promotion of sustainable land use practices, improvement of water retention as well as the controlled flooding of certain areas in the case of a flood event.
(4) Every mention or reference contained in these Regulations of or to a flood risk management plan shall be construed as including every map, drawing, plan, section, and schedule annexed to such flood risk management plan.
(5) In the interests of solidarity, flood risk management plans established by the Commissioners shall not include measures which, by their extent and impact, significantly increase flood risks upstream or downstream in Northern Ireland in the same river basin or sub-basin, unless these measures have been co-ordinated and an agreed solution has been found with the appropriate authority in Northern Ireland in the framework of Section 16.
(6) The Commissioners shall ensure that flood risk management plans are completed and published by 22 December 2015.
(7) The Commissioners may decide to make use of flood risk management plans finalised before 22 December 2010, provided the content of these plans is equivalent to the requirements set out in this section.
(8) Subsection (7) shall apply without prejudice to subsections (9) and (10).
(9) The flood risk management plan(s) shall be reviewed, and if necessary updated, including the components set out in the Fifth Schedule, by 22 December 2021 and every six years thereafter.
(10) The likely impact of climate change on the occurrence of floods shall be taken into account by the Commissioners in the reviews referred to in subsection (9).
Co-ordination with other Member States regarding flood risk management plans.
16. (1) For river basin districts, or units of management referred to in Section 4(2)(a), which fall entirely within the territory of the State, the Commissioners shall ensure that one single flood risk management plan, or a set of flood risk management plans co-ordinated at the level of the river basin district, is produced.
(2) In the case of an international river basin district, or unit of management referred to in Section 4(2)(a), the Commissioners shall take action to ensure co-ordination with the appropriate authorities in Northern Ireland with the aim of producing one single international flood risk management plan, or a set of flood risk management plans co-ordinated at the level of the international river basin district. Where such plans are not produced, the Commissioners shall produce flood risk management plans covering at least the parts of the international river basin district falling within the territory of the State, as far as possible co-ordinated at the level of the international river basin district.
(3) The flood risk management plans referred to in subsection (2) shall be supplemented, where considered appropriate by the Commissioners and the appropriate authorities in Northern Ireland, by more detailed flood risk management plans co-ordinated at the level of the international sub-basins.
(4) Where the Commissioners identify an issue which has an impact on the management of flood risks of the water of the State and that issue cannot be resolved by the Commissioners, it may report the issue to the European Commission and any other Member State concerned and may make recommendations as to how the issue should be resolved.
Public information and involvement.
17. (1) In accordance with applicable Community legislation, the Commissioners shall make available to the public the preliminary flood risk assessment, the flood hazard maps, the flood risk maps and the flood risk management plans.
(2) The Commissioners shall encourage active involvement of interested parties in the production, review and updating of the flood risk management plans referred to in Sections 15 and 16.
(3) The Commissioners shall, as far as is practicable, provide for display on a website, for each river basin district or other unit of management referred to in Section 4(2)(a), of the documents and maps required by these Regulations to be produced by the Commissioners.
Sending of copies of flood risk management plans to county councils.
18. (1) When the Commissioners have prepared a flood risk management plan they shall:
(a) send, or make available digitally, a copy of such plan to the county council, and if the Commissioners consider it appropriate to other local authorities, in which the area or any part of the area covered by the flood risk management plans is situate, and
(b) publish in the Iris Oifigiúil and such one or more newspapers circulating in the said area as they shall consider appropriate a notice stating that such flood risk management plan has been prepared by them and also stating the place or places at which and the period, not being less than one month, during which a copy of such flood risk management plans will be available for inspection pursuant to the next following subsection of this section, and the date by which observations in regard to the said flood risk management plan may be sent to the Commissioners.
(2) Every county council and if the Commissioners consider it appropriate, other local authority, to which a copy of a flood risk management plan is sent by the Commissioners pursuant to this section:
(a) shall cause such copy to be exhibited in their principal offices or other convenient place during the period specified in that behalf in the notice relating to such plan published pursuant to subsection (1) of this section and shall permit such copy to be inspected during office hours by any person claiming to be interested therein, and
(b) shall examine and consider the flood risk management plan of which such copy is a copy, and
(c) may, at any time within six months after the date of the publications in the Iris Oifigiúil pursuant to subsection (1) of this section of the notice relating to such plan, send to the Commissioners all such observations in regard to such plan as such county council shall think proper.
(3) The duties imposed on the county council or on the local authority by subsection (2) of this section shall each be a reserved function.
Approval of flood risk management plans by the Minister.
19. (1) When all the times limited by the provisions of Section 18 of these Regulations for the sending to the Commissioners of observations by county councils in regard to a flood risk management plan and for the sending to the Commissioners of observations by persons have expired, the Commissioners shall do the following:
(a) consider every such observation sent to them within the time appropriate thereto, and
(b) after consultation with such (if any) Minister of State as they shall think proper, make such, if any, alterations (whether by addition, omission, or variation) in the flood risk management plan as they shall think proper, and
(c) submit the flood risk management plan as so altered (if at all) to the Minister.
(2) When a flood risk management plan has been submitted to the Minister pursuant to this section, the Minister shall:
(a) make an order approving such plan, or
(b) refuse to approve such plan, or
(c) refer such plan back to the Commissioners for revision in specified respects and subsequent re-submission to the Minister under this section.
Sending of flood risk management plans approved by the Minister to county councils.
20. (1) When the Minister confirms a flood risk management plan the Commissioners shall send a copy of such plan to the county council and, if the Commissioners consider it appropriate, to other local authorities, in which the area or any part of the area covered by the flood risk management plans is situate, and the county council or local authority shall within three months examine and consider the flood risk management plan of which such copy is a copy, and decide whether to adopt or otherwise the said plan as such county council or other local authority shall think proper.
(2) The duty imposed on, and the power conferred on the county council or other local authority, by subsection (1) of this section shall each be a reserved function.
(3) The county council or other local authority shall advise the Minister for the Environment, Heritage and Local Government and the Commissioners of their decision on the issue of whether to adopt or otherwise the said plan, at the latest within one month of the expiry of the three-month period specified at subsection (1) of this section.
Implementing measures and amendments.
21. (1) Where the European Commission, in accordance with the regulatory procedure referred to in Article 12(2) of the Directive and in line with Article 11(1) of the Directive, adopt technical formats for the purpose of processing and transmission of data, including statistical and cartographic data, to the Commission, the Commissioners shall adhere to these formats.
(2) Where the European Commission, taking into account the periods for review and updating, adapt the Annex of the Directive to scientific and technical progress the Commissioners shall adhere to requirements of the Annex as revised.
Making of data available to the European Commission.
22. (1) The Commissioners shall make available the preliminary flood risk assessment, the flood hazard maps, the flood risk maps and flood risk management plans referred to in Sections 7, 11 and 15, as well as their review and, where applicable, their updates to the European Commission within three months after the dates indicated respectively in Sections 7(4), 7(7), 11(8), 11(11), 15(6) and 15(9).
(2) The Commissioners shall inform the European Commission of the decisions taken in accordance with Sections 7(5), 11(9) and 15(7) and make available the relevant information thereon by the dates indicated respectively in Sections 7(4), 11(8) and 15(6).
Advising the European Commission of legal changes.
23. (1) Upon the coming into force of these Regulations, the Commissioners shall forthwith inform the European Commission thereof.
(2) The Commissioners shall communicate to the European Commission the text of the main provisions of any law or regulation adopted in the field covered by the Directive.
PART 4 OPERATIONAL MATTERS
General responsibility of the Commissioners for flood risk management.
24. (1) The Commissioners shall be responsible for promoting the establishment of a framework for the assessment and management of flood risks aiming at the reduction of the adverse consequences for human health, the environment, cultural heritage and economic activity associated with floods and to that purpose shall have responsibility for advancing the achievement of the objectives of flood risk management plans and implementing other necessary flood management initiatives through schemes of flood risk management works and measures.
(2) Notwithstanding anything in the Arterial Drainage Acts 1945 to 1995 or in any other Act or Regulation, the Commissioners shall not be required to do anything that is contrary to or inconsistent with the aims, provisions or requirements of the Directive.
Preparation of schemes of flood risk management works and measures.
25. (1) In the circumstances_
(a) when the Minister has made an order approving a flood risk management plan, or
(b) whenever the Commissioners are of opinion that the execution of flood risk management works is expedient in respect of any river basin district or other unit of management,
it shall be lawful for the Commissioners to prepare a scheme (in these Regulations referred to as a flood risk management scheme) for the execution of such structural and non-structural works or measures provided for in a flood risk management plan and for that purpose to make such hydrometric, engineering, environmental, topographical, valuation and other surveys of a catchment area, other unit of management or river basin district as shall appear to them to be necessary or expedient.
(2) The Commissioners shall, in deciding the nature and extent of the flood risk management works to be included in a flood risk management scheme that is being prepared by them under subsection (1)(b), have regard to the effects that any such works would, if executed pursuant to the scheme, have throughout a river basin district of which another unit of management or a catchment area is a part.
(3) Every flood risk management scheme prepared by the Commissioners pursuant to this section shall show, either in the body of the scheme or by means of appropriate maps, drawings, plans, sections, and schedules annexed thereto, the following:
(a) the waters and watercourses proposed to be dealt with, and
(b) the lands, which will be affected by the carrying out of the scheme, and
(c) the flood risk management works proposed to be executed pursuant to the scheme, and
(d) the lands proposed to be compulsorily acquired or substantially interfered with, the easements, fisheries, water-rights, navigation-rights, and other rights proposed to be compulsorily acquired, restricted, terminated, or otherwise interfered with, and the roads and bridges (whether public or private) proposed to be diverted, removed or otherwise interfered with, the reputed proprietors, owners, and rated or other occupiers of the several lands proposed to be compulsorily acquired or substantially interfered with and of the several easements, fisheries, water-rights, navigation rights, and other rights, and private roads proposed to be compulsory acquired, restricted, terminated or otherwise interfered with.
(4) Every flood risk management scheme which would involve the execution of flood risk management works of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, shall contain, as a schedule annexed thereto, in addition to the matters set out in subsection (3) of this section, a statement of the likely effects on the environment (hereinafter in these Regulations referred to as an “environmental impact assessment”) of the proposed works.
(5) The Commissioners shall, before preparing a flood risk management scheme which would involve the execution of flood risk management works which would be of a class referred to in subsection (4) of this section but not exceeding a quantity, area or other limit for the time being specified in relation to that class, consult the Minister.
(6) Where the Minister is consulted pursuant to subsection (5) and he considers that the proposed flood risk management works would be likely to have significant effects on the environment, he shall direct that the flood risk management scheme shall contain, as a schedule annexed thereto, in addition to the matters set out in subsection (2) of this section, an environmental impact assessment.
(7) The Minister shall, where he is deciding pursuant to this subsection whether proposed flood risk management works would or would not be likely to have significant effects on the environment, have regard to the criteria specified for the purposes of Article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.
(8) For the purposes of these Regulations:
(a) an environmental impact assessment contained in a flood risk management scheme in accordance with subsections (4),(5) and (6) of this section shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 25.
(b) if the Commissioners before submitting a flood risk management scheme which is required in accordance with this subsection to contain an environmental impact assessment, so request, the Minister shall, after consulting with the Commissioners and such bodies as may be prescribed by the Minister by regulations for that purpose, give a written opinion on the information to be contained in such statement.
(c) the giving of a written opinion in accordance with paragraph (b) of this subsection shall not prejudice the exercise by the Minister of his powers pursuant to these Regulations to require the Commissioners to furnish further information in relation to the effects on the environment of the proposed flood risk management works.
(9) For the purposes of this section:
(a) the Minister may, subject to paragraph (d) of this subsection, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, Heritage and Local Government, exempt a flood risk management scheme or a proposed flood risk management scheme from the requirement of subsection (4) of this section.
(b) the Minister in granting an exemption under paragraph (a) of this subsection shall, consider whether:
(i) the effects, if any, of the proposed flood risk management scheme on the environment should be assessed in some other manner, and
(ii) the information collected in the course of such assessment should be made available to members of the public, and
(iii) he may, by order, apply such requirements regarding these matters in relation to the proposed flood risk management scheme as he considers necessary or appropriate. Such requirements shall include provisions to make available to the public the information obtained under any other form of assessment ordered by him.
(c) notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be:
(i) be published in the Iris Oifigiúil and in one or more newspapers circulating in the area to be included in the proposed flood risk management scheme, and
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.
(d) an exemption shall not be granted under paragraph (a) of this subsection in respect of a flood risk management scheme or a proposed flood risk management scheme if another Member State of the European Communities, having been informed pursuant to Section 29(4) of these Regulations about the proposed flood risk management works and their likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.
(10) Where a flood risk management scheme prepared in accordance with this section contains an environmental impact assessment, a copy of such environmental impact assessment shall be sent to each Department of State.
(11) It shall be lawful for the Commissioners and or an authorised person to enter on any lands and there do all such things as may appear to them to be necessary or expedient for the purposes of the preparation of a flood risk management scheme and the making of any such surveys in relation thereto as are mentioned in subsection (1) of this section.
(12) Every mention or reference contained in these Regulations of or to a flood risk management scheme shall be construed as including every map, drawing, plan, section, and schedule annexed to such flood risk management scheme.
Powers of the Commissioners regarding planning permission.
26. (1) For the purposes of public exhibition and approval of flood risk management schemes the provisions of Sections 27, 28, 29 and 30 of these Regulations shall apply except where the works or measures proposed in a flood risk management scheme are of a class of development envisaged by either_
(a) the Strategic Infrastructure Act, 2006, or
(b) Part 8 of the Planning & Development Regulations 2001,
the Commissioners may, as they consider appropriate, decide to use the procedures applying under (a) or (b).
Sending of copies of schemes to county councils.
27. (1) When the Commissioners have prepared a flood risk management scheme they shall:
(a) send a copy of such scheme to the county council in which the area or any part of the area covered by the preliminary flood risk assessment, flood hazard map, flood risk map or flood risk management plans is situate and publish in the Iris Oifigiúil and such one or more newspapers circulating in the said area as they shall consider appropriate a notice stating that such scheme has been prepared by them and the electoral divisions to which or to a part of which it relates and also stating the place or places at which and the period, not being less than one month, during which a copy of such scheme will be available for inspection pursuant to the next following subsection of this section, and
(b) where, in accordance with Section 25 of these Regulations, the scheme contains an environmental impact assessment, send a copy of the assessment to such bodies as may be prescribed by the Minister by regulations, indicating that observations may be sent to the Commissioners in relation to the effects on the environment of the proposed flood risk management works within such period as may be specified, not being less than one month after the sending to the body concerned of the environmental impact assessment, and
(c) the notice published in accordance with subsection (a) of this section shall also indicate:
(i) details of the competent authority responsible for decision making, and
(ii) the authority to which questions can be addressed and the time schedule for transmitting questions, and
(iii) the nature of possible decisions which may be taken by the competent authority, and
(iv) details of where and when the relevant information will be made available.
(2) Where the Minister has sent information to another Member State pursuant to Section 29(4) he shall at the same time publish a notice in the Iris Oifigiúil and in one or more newspapers circulating in the area affected by the scheme as he shall consider appropriate, a notice stating that the scheme is one to which Section 29(4) applies.
(3) Where, in accordance with Section 25(4) of these Regulations, the scheme contains an environmental impact assessment, the notice published pursuant to paragraph (a) of subsection (1) of this section shall so indicate and shall state that copies of the environmental impact assessment will be available for purchase during the period specified in the said notice, and that any person may within that period send to the Commissioners observations in relation to the effects on the environment of the proposed flood risk management works.
(4) Every county council to which a copy of a flood risk management scheme is sent by the Commissioners pursuant to this section:
(a) shall cause such copy to be exhibited in their principal offices or other convenient place during the period specified in that behalf in the notice relating to such scheme published pursuant to subsection (1) of this section and shall permit such copy to be inspected during office hours by any person claiming to be interested therein,
(b) shall, where in accordance with Section 25(4) of these Regulations, the scheme contains an environmental impact assessment, cause copies of the environmental impact assessment to be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy of the assessment,
(c) shall examine and consider the flood risk management scheme of which such copy is a copy, and
(d) may, at any time within three months after the date of the publication in the Iris Oifigiúil pursuant to subsection (1)(a) of this section of the notice relating to such environmental impact assessment, map or plan, send to the Commissioners all such observations in regard to such scheme as such county council shall think proper.
(5) The duty imposed on the county council by subsection (4)(a), (b) and (c) and the power conferred on the local authority by subsection (4)(d) shall each be a reserved function.
(6) Where a flood risk management scheme prepared under Section 25(1)(b) of these Regulations includes a statement that the scheme has been prepared for the purpose of preventing or substantially reducing localised flooding Sections 27 and 28 of these Regulations shall have effect, in relation to that scheme, as if:
(a) the reference in Sections 27 or 28 thereof to one month was a reference to fourteen days, and
(b) the reference in Sections 27 or 28 thereof to three months was a reference to one month.
(7) Nothing in these Regulations shall be construed as preventing the Commissioners from preparing a second or further flood risk management scheme in relation to a catchment area, watercourse or part of a watercourse that has been the subject of such a scheme.
Notices to reputed proprietors, occupiers.
28. (1) Simultaneously with or as soon as may be after sending a copy of a flood risk management scheme to county councils pursuant to Section 27, the Commissioners shall:
(a) serve on every person named in such scheme as a reputed proprietor, owner, or rated or other occupier of the lands, which will be affected by the carrying out of the scheme, or any land proposed to be compulsorily acquired or of any easement, fishery, water-right, navigation-right, or other right with a notice stating that such scheme has been prepared, specifying the place or places at which and the period during which a copy of such scheme will be available for inspection pursuant to these Regulations and informing him or her that such scheme proposes the compulsory acquisition of or interference with some land, (which land, and the proposed interference (if any) shall be fully described in the notice) reputed to be owned or occupied by him or her, and
(b) serve on every person who is the local authority or other authority (not being a county council to which a copy of such plan has been sent pursuant to Section 27) charged with the maintenance of any public road or bridge proposed in such scheme to be diverted, removed, or otherwise interfered with a notice informing such local authority of the preparation of such scheme and of the diversion, removal, or interference proposed in such scheme to be made in respect of such road or bridge.
(2) Every notice served on any person pursuant to the foregoing subsection of this section shall contain a statement informing such person that he may, within one month after the service of such notice on him, send to the Commissioners all such observations (if any) as he shall think proper in regard to (as the case may be) the acquisition, restriction, termination, or interference or the diversion, removal, or interference mentioned in such notice.
(3) Every person on whom a notice is served pursuant to this section may, at any time within one month after the service of such notice on him, send to the Commissioners all such (if any) observations in regard to the acquisition, restriction, termination, or interference or the diversion, removal, or interference (as the case may be) mentioned therein as he shall think proper.
(4) A notice required by this section to be served on any person may be served by post and, where the address of such person is not known, the letter containing such notice may be addressed to him at the lands or the place of situation of the right or property to which the notice relates.
Approval of flood risk management scheme by the Minister.
29. (1) When all the times limited by the provisions in Sections 27 and 28 of these Regulations for the sending to the Commissioners of observations by county councils or other persons in regard to a flood risk management scheme for the sending by prescribed bodies and interested persons of observations in relation to the effects on the environment of the proposed flood risk management works; the Commissioners shall do the following:
(a) consider every such observation sent to them within the time appropriate thereto,
(b) after consultation with such (if any) Minister of State as they shall think proper, make such, if any, alterations (whether by addition, omission, or variation) in the flood risk management scheme as they shall think proper,
(c) submit the flood risk management scheme as so altered (if at all) to the Minister, and
(d) where, in accordance with Section 25(4) of these Regulations, the flood risk management scheme contains an environmental impact assessment, submit to the Minister details of observations received by them in relation to the effects on the environment of the proposed flood risk management works.
(2) When a flood risk management scheme has been submitted to the Minister pursuant to this section, the Minister shall do the following:
(a) make an order approving such scheme, or
(b) refuse to approve such scheme, or
(c) refer such scheme back to the Commissioners for revision in specified respects and subsequent re-submission to the Minister under this section.
(3) Where, in accordance with Section 25(4) of these Regulations, a flood risk management scheme contains an environmental impact assessment:
(a) the Minister shall:
(i) have regard to the said environmental impact assessment, to any observations received by the Commissioners or the Minister in relation to the effects on the environment of the proposed flood risk management works, and to the views, if any, furnished by other Member States of the European Communities pursuant to subsection (4) of this section,
(ii) publish in the Iris Oifigiúil and in one or more newspapers circulating in the area identified in the assessment as likely to be affected by the scheme, a notice stating his decision in relation to the scheme.
(b) the Commissioners shall, when a decision is taken on the flood management scheme concerned, make the said environmental impact assessment and information on the decision available for inspection by members of the public during a period to be specified by the Minister. The information to be made available by the Commissioners shall comprise, a description of the public participation process, the concerns and opinions expressed by the public within the time provided, the main reasons on which the decision is based, having examined such concerns and opinions, and a description where appropriate of the main measures to avoid, reduce or offset where possible major adverse effects.
(4) For the purposes of this section:
(a) where, in accordance with Section 25(4) of these Regulations, a flood risk management scheme contains an environmental impact assessment, the Minister may, where he considers it necessary so to do, require the Commissioners to furnish to him such further information in relation to the effects on the environment of the proposed flood risk management works as the Minister may specify,
(b) the Minister shall, where he considers that further information furnished in accordance with a requirement under paragraph (a) of this subsection contains significant additional data in relation to the effects on the environment of the proposed flood risk management works, require the Commissioners to:
(i) publish in one or more newspapers circulating in the area to be included in the proposed flood risk management scheme a notice stating that significant further information in relation to the said effects has been furnished to the Minister, that the further information will be available, for inspection free of charge or for purchase, at a specified place and at specified,
(ii) send notice of the furnishing to the Minister of significant further information, and a copy of the further information, to such bodies as may be prescribed by the Minister by order, and to indicate to those bodies that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of a specified period (which shall not be longer than one month).
(5) For the purposes of this section:
(a) where the Minister considers that proposed flood risk management works, which are the subject of an environmental impact statement in accordance with Section 25(4) of these Regulations, would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State of the European Communities considers that the said flood risk management works would be likely to have the said effects and so requests, he shall, as soon as possible, send to that other Member State:
(i) a description of the proposed flood risk management works and any available information on their possible effects on the environment in that Member State, and
(ii) information on the nature of the decision which may be taken, and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on said effects.
(b) where a Member State of the European Communities which has received information pursuant to paragraph (a) of this subsection indicates that it wishes to furnish views on the likely effects on the environment of the proposed flood risk management works, the Minister shall, if he has not already done so, send to that Member State:
(i) a copy of the environmental impact assessment, and
(ii) relevant information about the procedure for making a decision on the flood risk management scheme concerned.
(c) where the Minister provides information to another Member State in accordance with paragraph (b) he shall as soon as may be, place a notice in a newspaper circulating in the area of the Member State concerned where the flood risk management scheme is proposed to be carried out, indicating that the information has been provided, how it may be accessed by the public concerned, how observations may be submitted to the Minister and the time within which such observations must be submitted,
(d) the Minister shall enter into consultations with a Member State of the European Communities to which information was sent pursuant to paragraph (b) of this subsection regarding the potential effects of the proposed flood risk management works on the environment in that Member State and the measures envisaged to reduce or eliminate such effects,
(e) the Minister shall notify a Member State of the European Communities which was sent information pursuant to paragraph (b) of this subsection of his decision on the flood risk management scheme concerned.
(6) Where the Minister or the Commissioners or any other Minister of State has been notified by another Member State of a decision in respect of flood management works in such Member State in respect of which, the Minister, the Commissioners or other Minister of State has furnished views to the said Member State, the Minister, the Commissioners or other Minister of State, shall as soon as may be publish in a newspaper circulating in the area within the State, identified in the environmental impact assessment supplied by the other Member State as likely to be affected by the said flood risk management works, a notice indicating that such notification has been received and the time and place at which such information may be viewed and the period within which it will be available.
Compulsory acquisition of land.
30. (1) Upon the making of an Order by the Minister approving a flood risk management scheme (a Scheme Order) the Commissioner shall thereupon be authorised to acquire compulsorily any land or any rights in under or over lands or any substratum of land specified in the Order and for that purpose a Scheme Order shall have effect as if it were a compulsory purchase order referred to in section 10(1) of the Local Government (No. 2) Act 1960 (inserted by section 86 of the Housing Act) 1966 which has been duly made and approved and accordingly that section shall apply and have effect in relation to the Order with the modifications that:
(a) references to housing authorities shall be construed as including references to the Commissioners, and
(b) references to the Minister for Environment, Heritage and Local Government shall be construed as including references to the Minister, and
(c) references to a compulsory purchase order shall be construed as including references to a Scheme Order, and
(d) with any other necessary modifications the reference in subsection 4(a) to section 78 of the Housing Act 1966 shall be construed as including a reference to subsections 1, 4 and 5 of that section.
(2) A person shall not question the validity of a Scheme Order other than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) (the Order).
(3) An application for leave to apply for judicial review under the Order in respect of a Scheme Order or part thereof referred to in subsection (1) shall:
(a) be made within the period of 8 weeks commencing on the date on which the Scheme Order was made unless the Court considers that there is good and sufficient reason for extending the period within which the application shall be made, and
(b) be made by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave) to the Minister and the Commissioners, and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the Scheme Order is invalid or ought to be quashed, and that the applicant has a substantial interest (not limited to an interest in land or other financial interest) in the matter which is the subject of the application.
(4) An application for leave to apply for a judicial review under the Order against a Scheme Order shall not affect the validity of the Scheme Order and its operation unless upon an application to the High Court, that Court suspends the Scheme Order until the application is determined or withdrawn:
(a) the determination of the High Court of an application for leave to apply for judicial review, or of an application for judicial review, shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case, except with the leave of the High Court or Supreme Court, which leave shall only be granted where the Court certifies that the decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court,
(b) this subsection shall not apply to a determination of the High Court, in so far as it involves a question as to the validity of any law, having regard to the provisions of the Constitution.
(5) Where an application is made for judicial review in respect of part only of a Scheme Order, the High Court may, if it thinks fit, declare to be invalid or quash the part concerned or any provision thereof without declaring to be invalid or quashing the remainder of the Scheme Order or part of the Scheme Order, and if the Court does so, it may make any consequential amendments to the remainder of the Scheme Order or part of the Scheme Order that it considers appropriate.
(6) References in this section to the order shall be construed as including references to the order as amended or re-enacted (with or without modification) by rules of Court.
Compensation for certain interferences with land.
31. (1) Any person who suffers any loss or damage by reason of any interference (other than a compulsory acquisition or interference under these Regulations) by the Commissioners during the construction of any flood risk management works under these Regulations with any land owned or occupied by him or any easement, fishery, water-right, navigation-right, or other right belonging to him shall, subject to the provisions of these Regulations, be entitled to be paid by the Commissioners compensation in respect of such loss or damage.
(2) Every claim for compensation under this section:
(a) shall be made in writing to the Commissioners within one year after the interference to which the claim relates is begun, and
(b) shall, in default of agreement, be heard and determined by an arbitrator nominated by the Reference Committee from the Panel of Property Arbitrators whose decision, both as to the right to and the amount of such compensation, shall be final and conclusive.
Compensation for injury to canals, fisheries.
32. (1) Any person who, after the issue of a certificate of completion, suffers any loss or damage by reason of an injury (other than a compulsory acquisition, restriction, termination, of interference under these Regulations) to any canal or other navigable waterway or to any water-power or other water right or to any fishery or fishing right shall, subject to the provisions of these Regulations, be entitled to be paid by the Commissioners compensation for such injury where, but only where, such injury is caused by the operation generally of the flood risk management works to which such certificate of completion relates or by any particular mode or course of operation of such works.
(2) Every claim for compensation under this section shall be made in writing to the Commissioners and shall be made, in the case of an injury to a fishery or fishing right, within ten years or, in any other case, within three years after the date of the certificate of completion of the flood risk management works in relation to which the claim arises.
(3) Every claim duly made for compensation under this section shall, in default of agreement, be heard and determined by an arbitrator nominated by the Reference Committee from the Panel of Property Arbitrators whose decision, both as to the right to and the amount of such compensation, shall be final and conclusive.
Matters to be regarded in assessment of compensation.
33. (1) When assessing compensation pursuant to any of the Sections 31 and 32 the arbitrator shall in every case have regard to any benefit, including but not limited to the net present value of risk reduction, to any property (whether such property is or is not the property in respect of which such compensation is claimed) of the person claiming such compensation which is occasioned by or may reasonably be expected to arise from the carrying out of the flood risk management scheme in relation to which the compensation is claimed and, in particular, the arbitrator, shall:
(a) in the case of a claim in respect of a canal or other navigable waterway, have regard to any permanent benefit to the navigation of such waterway occasioned by or which may reasonably be expected to arise from the execution of the said flood risk management scheme, and
(b) in the case of a claim in respect of water-rights, have regard to any alternative water supply provided by the Commissioners, and
(c) in the case of a claim in respect of interference with water or a watercourse providing power for a mill or other industrial concern, have regard to the extent to which the power so provided was used for an industrial purpose during the ten years next preceding the date of the approval of the said flood risk management scheme by the Minister, and shall also have regard to any alternative source of power provided by the Commissioners.
Disposal of surplus land.
34. (1) As soon as conveniently may be after the issue of a certificate of completion the Commissioners shall inquire and determine whether any, and if so what lands, easements, fisheries, water-rights, navigation-rights, and other rights acquired by them under these Regulations for the purposes of the relevant flood risk management scheme are unnecessary and not required for the proper working and maintenance of the flood risk management works to which such certificate relates.
(2) All (if any) lands, easements, fisheries, water-rights, navigation-rights, and other rights determined by the Commissioners pursuant to the foregoing subsection of this section to be unnecessary and not required as mentioned in that subsection shall be sold or otherwise disposed of by the Commissioners for the benefit of the Exchequer in such manner as the Minister shall direct.
Rectification of procedural defects.
35. (1) Any failure by the Commissioners to adhere to the requirements of these Regulations shall not invalidate the legality or efficacy of any other action properly carried out in compliance with the provisions of these Regulations and the Commissioners may rectify any individual defect in procedure by the proper implementation of such provision, without the need to recommence any other part of the provisions of those sections.
Inclusion of existing drainage works in a flood risk management scheme.
36. (1) A flood risk management scheme may provide for the inclusion of the whole or a specified part of existing drainage works in the works proposed by such scheme to be executed and may provide for such inclusion either with or without the reconstruction or repair of such existing works.
(2) Where a flood risk management scheme as approved by the Minister provides for the inclusion of the whole or a specified part of existing drainage works in the works, thereby proposed to be executed, the following provisions shall have effect:
(a) as soon as the Commissioners have entered on the said existing drainage works for the purpose of carrying out the said flood risk management scheme, the Commissioners shall make an order declaring the date on which they first so entered on the said existing drainage works and thereupon such order shall become and be conclusive evidence for all purposes of the date on which the Commissioners first so entered on the said existing drainage works, and
(b) as on and from the date on which the Commissioners first enter on the said existing drainage works for the purpose of carrying out the said flood risk management scheme, the existing drainage works shall be deemed to be flood risk management works for the purposes of these Regulations and all references to flood risk management works in these Regulations shall also be taken to include any drainage works included in an order referred to in subsection (2) (a), and
(c) nothing in this section shall operate to relieve the county council of a county from liability (if any) for any payments to the Commissioners in repayment of any advance made under any Act or Regulation by the Commissioners for the said existing drainage works.
(3) Nothing in this section shall operate to relieve the county council of a county or any other body from liability (if any) for the maintenance of any embankment for which they have existing responsibility for maintenance.
The carrying out of a flood risk management scheme.
37. (1) When the Minister has made an order approving a flood risk management scheme, the Commissioners shall proceed to carry out the scheme, and for that purpose the said order shall operate to confer on the Commissioners power:
(a) to construct, execute, and complete the flood risk management works specified in the plan with such additions, omissions, variations, and deviations as shall be found necessary in the course of the work,
(b) to enter on any land and there do all such acts and things as shall be necessary for or incidental to the construction, execution, or completion of the said flood risk management works with such additions, omissions, variations, and deviations as aforesaid,
(c) to acquire compulsorily the several lands, easements, fisheries, water-rights, navigation-rights, and other rights proposed in the scheme to be so acquired, and, if the Commissioners think fit so to do, to enter on any such lands or exercise any of such easements, fisheries, water-rights, navigation-rights, and other rights before the conveyance or ascertainment of price of such lands, easements, fisheries, or rights,
(d) to interfere substantially with any land proposed in the scheme to be so interfered with including the flooding of land and, if the Commissioners so think fit, to enter on and so interfere with such land before any ascertainment of compensation in respect thereof,
(e) to restrict, terminate, or otherwise interfere with any easements, fisheries, water-rights, navigation-rights, or other rights proposed in the scheme to be compulsorily restricted, terminated, or interfered with, and to divert, remove, or otherwise interfere with any roads or bridges proposed in the scheme to be diverted, removed, or interfered with, and, if the Commissioners so think fit, to do any of the things aforesaid before any ascertainment of compensation in respect thereof,
(f) for the purpose of the due carrying out of the scheme to do all or any of the following things:
(i) take from any land all sods and other material required for the said purpose,
(ii) deposit on any land all spoil or other material produced in the course of such carrying out,
(iii) utilise for the said purpose all or any spoil, gravel, stone, rock, or other matter removed in the course of such carrying out,
(g) to do all such other acts and things as shall, in the opinion of the Commissioners, be necessary or proper for or incidental to the due carrying out of the flood risk management scheme and are not specifically provided for by these Regulations, and
(h) where an addition to, variation in, omission or deviation from a scheme approved by the Minister would in itself exceed the thresholds requiring the undertaking of an environmental impact assessment, or might have significant adverse effects on the environment, an environmental impact assessment shall be undertaken in respect of such addition, variation, omission or deviation in accordance with subsections 4, 5, 6,7 and 8 of Section 25 of these Regulations unless an exemption in accordance with subsection 9 of Section 25 is granted by the Minister. The environmental impact assessment shall be submitted to the Minister for approval in accordance with Section 29 of these Regulations as if it were a flood risk management scheme.
Protection of fisheries.
38. (1) It shall not be obligatory on the Commissioners, when constructing flood risk management works pursuant to a flood risk management scheme, to comply with the Fisheries Acts, 1842 to 1944.
(2) Notwithstanding the exemption conferred by the foregoing subsection of this section, the Commissioners shall, when constructing flood risk management works pursuant to a flood risk management scheme, take such precautions and make such provisions as the Minister for Agriculture, Fisheries and Food may consider adequate for the protection of and avoidance of injury to fisheries during or in consequence of the construction of such flood risk management works, provided that the said Minister shall, in consultation with the Commissioners, satisfy himself that taking such precautions and making such provisions will not cause substantial detriment to such flood risk management works or substantial hindrance to their construction.
Duties of the Commissioners in regard to public roads and bridges.
39. (1) Where a flood risk management scheme provides for the diversion, removal, or other interference of or with a public road or bridge the following provisions shall have effect:
(a) where the carrying out of the scheme involves the closing of such road or bridge to traffic, the Commissioners shall either, as they shall think proper, construct and (while such road or bridge is so closed to traffic) maintain a temporary road or bridge sufficient to carry traffic of such quantity and character as normally uses such road or bridge, or by order made with the consent of the Minister for Environment, Heritage and Local Government prescribe an alternative route to be used while such road or bridge is so closed to traffic,
(b) the Commissioners shall, before the completion of the carrying out of the flood risk management scheme, do whichever of the following things they shall think proper:
(i) restore the said road or bridge to its former condition, or
(ii) after consultation with the Minister for Environment, Heritage and Local Government, construct a new permanent road or bridge sufficient to carry the like amount (in quantity and character) of traffic as the said original road or bridge was able to carry and not substantially less convenient in gradient and curve than such original road or bridge, or
(iii) with the consent of the Minister for Environment, Heritage and Local Government, so improve (by reconstruction, strengthening, widening, or otherwise) an existing alternative road or bridge that it will be sufficient to carry the traffic which will be likely to use it and will not be substantially less convenient than the said original road or bridge,
(c) where the Commissioners construct a permanent new road or bridge or improve an existing alternative road or bridge and such road or bridge confers substantially greater advantages on the public of any county or urban district than the original road or bridge, whether by affording an improved means of communication or otherwise, the Commissioners shall certify the cost of such new road or bridge or of such improvement (as the case may be) and the Minister for Environment, Heritage and Local Government shall certify what part of such cost in his opinion ought reasonably to be borne by the county council of such county or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such county council as part of the expenses of the maintenance by such county council of county or urban roads (as the case may be) and shall be paid by such county council to the Commissioners, and
(d) if any doubt, dispute, or question shall arise as to whether the Commissioners, in the construction or maintenance of any temporary road or bridge or the restoration of an existing road or bridge or the improvement of an existing alternative road or bridge (as the case may be) pursuant to this section, have complied with the relevant provisions of this section or as to whether a permanent new road or bridge constructed by the Commissioners or an existing alternative road or bridge improved by the Commissioners (as the case may be) confers substantially greater advantages on the public of any county or urban district than the original road or bridge, such doubt, dispute, or question shall be decided by the Minister for Environment, Heritage and Local Government whose decision shall be final and conclusive.
(2) The Commissioners may agree with the appropriate local authority for the doing by such local authority of anything which the Commissioners are required or authorised by subsection (1) of this section to do and may further agree to make to such local authority payment for or towards the cost of the doing of such thing by such local authority.
(3) Nothing in this section shall operate to impose on the Commissioners any duty or responsibility in respect of the maintenance of any new permanent road or bridge constructed by them pursuant to this section or any road or bridge similarly restored or improved by them.
Certificate of total or partial completion.
40. (1) When the Minister is satisfied on the representation of the Commissioners that a portion of the flood risk management works specified in a flood risk management scheme has been completed in accordance with that scheme (with such additions, omissions, variations, and deviations as may have been found necessary in the course of the work) and that the said portion of the said flood risk management works can conveniently be regarded as a separate work for the purposes of so much of these Regulations as relates to matters subsequent to the completion of a flood risk management plan, the Minister shall, subject to the subsequent provisions of this section, cause to be issued a certificate (in these Regulations referred to as a certificate of partial completion) sealed with his official seal certifying that the said portion of the said flood risk management works has been completed as aforesaid.
(2) When the Minister is satisfied on the representations of the Commissioners that the whole of the flood risk management works specified in a flood risk management scheme have been completed in accordance with that scheme (with such additions, omissions, variations, and deviations as may have been found necessary in the course of the work), the Minister shall, subject to the subsequent provisions of this section, cause to be issued a certificate (in these Regulations referred to as a certificate of total completion) sealed with his official seal certifying that the whole of the said flood risk management works have been completed as aforesaid.
(3) In these Regulations the expression “certificate of completion” includes both a certificate of total completion and a certificate of partial completion.
(4) The following provisions shall apply and have effect in relation to the issue under this section of a certificate of completion:
(a) the Minister shall cause to be published in the Iris Oifigiúil and in such one or more newspapers circulating in the area to which the flood risk management scheme relates as he shall think proper a notice stating that the Minister proposes to issue the said certificate and that any person may, within two months after the date of the publication of such notice in the Iris Oifigiúil, send to the Minister an objection to the issue of the said certificate,
(b) simultaneously with or as soon as may be after the publication of the said notice in the Iris Oifigiúil, the Minister shall send to the county council of every county in which the area or part of the area to which such scheme relates is situate a copy of the said notice,
(c) the county council of a county to whom a copy of the said notice has been so sent or any other person may, within two months after the date of the publication of the said notice in the Iris Oifigiúil, send to the Minister an objection in writing stating that such county council or such person objects to the issue of the said certificate and the grounds of such objection,
(d) the Minister shall consider every (if any) objection sent to him under the paragraph (c) of this subsection and shall take such steps in regard thereto as he shall think proper, and
(e) the said certificate shall not be issued less than two months after the date of the publication of the said notice in the Iris Oifigiúil.
(5) The power conferred on the county council of a county by paragraph (c) of subsection (4) of this section shall be a reserved function.
(6) A certificate of partial completion shall be conclusive evidence that the portion specified in such certificate of the flood risk management works specified in the flood risk management scheme, to which such certificate relates has been completed in accordance with that scheme.
(7) A certificate of total completion shall be conclusive evidence that the whole of the flood risk management works specified in the flood risk management scheme to which such certificate relates have been completed in accordance with that scheme.
(8) Where a certificate of partial completion or two or more such certificates have been issued in relation to any flood risk management works, the certificate of total completion in relation to those flood risk management works shall include and apply to the portions of those flood risk management works covered by such certificate or certificates of partial completion and thereupon such certificate or certificates of partial completion shall cease to have effect.
(9) Sections 19, 40 and 41 of the Arterial Drainage Act, 1945 , are hereby deleted and the Commissioners are also relieved of any obligations arising under the said sections prior to the coming into effect of these Regulations.
Maintenance of flood risk management works by the Commissioners.
41. (1) Whenever a certificate of completion has been issued, the following provisions shall apply and have effect in relation to the maintenance of (as the case may be) the flood risk management works stated in such certificate to have been completed or the existing drainage works to which such order relates (but in the latter case so long only as such existing drainage works are maintainable by the Commissioners by virtue of such order):
(a) the Commissioners shall maintain the said flood risk management works or existing drainage works (as the case may be) in proper repair and effective condition but, in the case of any such existing drainage works, it shall not be obligatory on the Commissioners to maintain such works in a better condition or state of repair than they were in on the date of the maintenance transfer order, and
(b) in any proceedings against the Commissioners for damages or for relief in the nature of mandamus on account of the alleged inadequate maintenance by the Commissioners of any such flood risk management works or existing drainage works, a certificate sealed with the seal of the Commissioners and stating that the Commissioners have caused the said flood risk management works or existing drainage works to be inspected and are satisfied that the said flood risk management works or existing drainage works were, at the date of such inspection, in a condition and state of repair at least as good as on the date of the relevant certificate of completion shall be conclusive and irrefutable evidence that the said existing drainage works were in a condition and state of repair at the date of such inspection at least as good as on the date of the said certificate of completion.
Powers of the Commissioners in relation to maintenance.
42. (1) For the purpose of the maintenance by the Commissioners of any flood risk management works (including existing drainage works) pursuant to these Regulations, it shall be lawful for the Commissioners to do all or any of the following things:
(a) enter on any land and there do all such things as shall be necessary for or incidental to such maintenance,
(b) take from any land all sods and other material required for the purpose of such maintenance,
(c) deposit on any land all spoil and other material produced in the course of such maintenance,
(d) utilise for the purpose of such maintenance all or any spoil, gravel, stone, rock, or other material removed in the course of such maintenance, and
(e) do all such other acts and things as shall, in the opinion of the Commissioners, be necessary or proper for the efficient carrying out of such maintenance.
(2) In addition and without prejudice to the general powers conferred on the Commissioners by the foregoing subsection of this section, it shall be lawful, for the purpose of the maintenance by them of any flood risk management works pursuant to these Regulations, to execute such improvements to such flood risk management works as appear to them to be minor matters properly capable of being regarded as maintenance.
(3) Any minor improvements effected by the Commissioners under subsection (2) of this section shall be regarded for the purposes of these Regulations as maintenance and the cost thereof shall be defrayed accordingly.
Execution of additional works.
43. (1) At any time after a certificate of completion has been issued by the Minister under these Regulations, it shall be lawful for the Minister by order made on the application of the Commissioners, subject to the relevant provisions of these Regulations, to empower the Commissioners to do all or any of the following things:
(a) to execute such further flood risk management works (by way of addition to or improvement of the flood risk management works mentioned in such certificate of completion) as may appear to the Commissioners to be necessary for the efficient working of the said flood risk management works mentioned in the said certificate,
(b) compulsorily to acquire any specified lands, and
(c) compulsorily to acquire, abolish or interfere with any weirs, sluices, easements, fisheries, water-rights, navigation-rights, or other rights.
(2) An order made by the Minister under this section may incorporate and apply such of the provisions of these Regulations as shall appear to him to be necessary or appropriate.
Modification or relocation of watercourse, embankment or other works.
44. (1) In this section “relevant works” means a watercourse, embankment or other works that has or have been completed pursuant to a flood risk management scheme.
(2) It shall be lawful for the Commissioners to give their consent to the modification, relocation or the alteration in any other manner by a person of relevant works where they are of opinion that such modification, relocation or alteration is not likely to result in the flooding of any lands or the drainage of any lands being adversely affected.
(3) For the purposes of this section:
(a) if relevant works are modified, relocated or altered in any other manner by a person with, or without, the consent of the Commissioners, the Commissioners may, as they consider appropriate in the circumstances:
(i) reinstate those works to their condition before such modification, relocation or alteration was carried out, or
(ii) maintain those works as so modified, relocated or altered.
(b) the provisions of these Regulations conferring powers on the Commissioners for the purposes of the maintenance by them of any relevant works shall apply and have effect for the purposes of the maintenance by them of relevant works under paragraph (a) above.
(4) The costs incurred by the Commissioners in reinstating relevant works under paragraph (a)(i) of subsection (3) shall, where the modification, relocation or alteration of the works had been carried out without their consent, be borne by the person who carried out the modification, relocation or alteration and, in default of payment by him or her of those costs, may be recovered by the Commissioners from him or her as a simple contract debt in any Court of competent jurisdiction.
(5) In proceedings to recover costs referred to in subsection (4), it shall be presumed until the contrary is proved that the owner of the land through which the watercourse concerned passed or, as the case may be, on which the embankment or other works concerned was or were located immediately before the modification, relocation or alteration concerned was carried out was the person who carried out that modification, relocation or alteration.
Powers of Commissioners where there is a substantial risk of flooding as a result of modification or relocation of relevant works.
45. (1) If relevant works are modified, relocated or altered in any other manner by a person without the consent of the Commissioners it shall be lawful for the Commissioners, if they are of opinion that there is a substantial and imminent risk of flooding or other injurious consequence arising as a result of such modification, relocation or alteration, to take such steps and carry out such works as they consider necessary to prevent such flooding or other injurious consequence and, without prejudice to the generality of the foregoing, the Commissioners may enter on any land and do all things thereon as they consider necessary for the said purpose.
(2) For the purposes of this section:
(a) subject to paragraph (b), the Commissioners shall not enter on any land pursuant to subsection (1) without giving at least 24 hours previous notice of their intention to do so to any owner or occupier of the land whose identity and whereabouts can be ascertained by the Commissioners by the taking of reasonable steps,
(b) this subsection shall not apply in any case where the Commissioners are of opinion that, by reason of the particular circumstances of the case, it is necessary to enter immediately on the land concerned.
(3) Where a person (not being a person who carried out the modification, relocation or alteration of the relevant works concerned) suffers loss or damage in consequence of the exercise by the Commissioners of a power conferred on them by this section, the Commissioners shall pay to the person compensation in respect of the loss or damage.
(4) In this section “relevant works” has the same meaning as in Section 44.
The Panel of Property Arbitrators.
46. (1) The Reference Committee shall from time to time at the request of the Minister appoint such number as the Minister shall specify of persons to be members of a panel to be known and in these Regulations referred to as the Panel of Property Arbitrators.
(2) The following provisions shall apply and have effect in relation to the members of the Panel of Property Arbitrators (in this and the next following subsection referred to as the Panel):
(a) every member of the Panel shall (subject to the subsequent provisions of this section) hold his membership for a term of five years certain from the date of his appointment or latest re-appointment to the Panel,
(b) a member of the Panel whose term of membership expires by effluxion of time and who has not attained the retiring age may be re-appointed,
(c) a member of the Panel may at any time resign his/her membership thereof by letter to the Reference Committee,
(d) the Reference Committee may, on their own motion or on the application of the Minister, remove from the Panel any member thereof who has in their opinion been guilty of conduct which renders him unfit to be a member of the Panel, but no member of the Panel shall be removed under this paragraph without being given an opportunity of being heard by the Reference Committee in his own defence,
(e) every member of the Panel shall be obliged (unless excused by the Reference Committee) to serve as arbitrator at any arbitration for the purposes of these Regulations in respect of which he is nominated as arbitrator by the Reference Committee,
(f) a member of the Panel shall, in respect of every arbitration or series of arbitrations for the purposes of these Regulations at which he acts as arbitrator, be entitled to be paid by the Commissioners such remuneration or fees and such travelling and subsistence allowances as the Minister shall determine, and
(g) a member of the Panel shall not be precluded by his membership of the Panel from engaging in private practice or business.
(3) The Reference Committee shall, with the consent of the Minister, fix such age (not exceeding seventy years) as they shall think proper to be the retiring age for members of the Panel. and:
(a) no person who has attained such retiring age shall be appointed to be a member of the Panel, and
(b) a member of the Panel who attains such retiring age during his membership shall (save as provided by the next following paragraph of this subsection) forthwith cease to be a member of the Panel and shall be ineligible for re-appointment, and
(c) a member of the Panel who attains such retiring age while engaged on an arbitration under these Regulations, shall retain his membership of the Panel for the purpose of completing such arbitration but for no other purpose.
General power of the Commissioners to employ contractors.
47. (1) Subject to Section 63(1), whenever the Commissioners are authorised by or under these Regulations to execute any flood risk management or other engineering or building works, they may, in lieu of executing such works themselves by their own officers and servants, contract (with the sanction of the Minister) with any person for the execution of the whole or part of such works by such person and may for that purpose enter (with the sanction aforesaid) into such contracts and agreements as may be requisite.
(2) Whenever the Commissioners contract under this section with any person for the execution by him of any works, they may, by any contract or agreement with such person, delegate to him such of the powers and duties conferred or imposed on the Commissioners by or under these Regulations as shall be specified in such contract or agreement, and thereupon such person shall have (concurrently with the Commissioners) the right to exercise the powers and the obligation to perform the duties so specified so far as and no further than is necessary for the execution of the said works by him.
Additional powers for recovery of money payable by county councils.
48. (1) Whenever any money is payable under these Regulations to the Commissioners by the county council of a county and such county council fails so to pay such money or some part thereof at the time at which the same is payable under these Regulations, such money or such part thereof (as the case may be) may, without prejudice to any other mode of recovery provided by these Regulations, be deducted from any money payable to such county council by any Minister of State for any purpose whatsoever.
(2) The amount of every deduction made under this section shall be paid to the Commissioners and shall be applied by them in discharge of the money because of the non-payment of which such deduction was made.
Payment of certain debts out of compensation.
49. (1) Where compensation is payable under these Regulations by the Commissioners to a person and any money is due and owing by such person to a Minister of State, the Revenue Commissioners, the Irish Land Commission, or the Commissioners, it shall be lawful for the Commissioners to pay and discharge out of such compensation the money so due and owing by such person and to pay to him only the balance (if any) of such compensation remaining after such payment and discharge.
Restrictions on the construction or alteration of bridges.
50. (1) No person, including a body corporate, shall construct any new bridge or alter, reconstruct, or restore any existing bridge over any watercourse without the consent of the Commissioners or otherwise than in accordance with plans previously approved of by the Commissioners.
(2) If any person shall construct or begin to construct or partially construct a new bridge in contravention of this section, the Commissioners may serve by post on such person a notice requiring him:
(a) if such bridge has not been completely constructed, to desist forthwith from the construction thereof,
(b) in any case, to remove, within a time specified in that behalf in such notice, such bridge or so much thereof as shall have been constructed.
(3) If any person shall alter, reconstruct, or restore an existing bridge in contravention of this section or shall begin so to do or shall partially so do, the Commissioners may serve by post on such person a notice requiring him:
(a) if such alteration, reconstruction, or restoration has not been completed, to desist forthwith therefrom, or
(b) in any case, to remove, within a time specified in that behalf in such notice, all work done on such bridge, or
(c) in any case, within a time specified in that behalf in such notice, to restore such bridge to its original condition.
(4) If any person on whom a notice has been served by the Commissioners under the foregoing provisions of this section fails to comply with such notice, the following provisions shall apply and have effect:
(a) such person shall be guilty of an offence under this section and shall be liable on conviction thereof to the penalties set out in Section 52(3) of these Regulations,
(b) it shall be lawful for the Commissioners (whether such person has or has not been prosecuted under the foregoing paragraph of this subsection) to enter upon and remove all work done in contravention of this section and to recover from such person in any court of competent jurisdiction as a simple contract debt the expenses (as certified by the Commissioners) incurred by the Commissioners in effecting such removal.
(5) Any person who claims that the Commissioners have unreasonably refused their approval of plans submitted by him for the construction of a new bridge or the alteration, reconstruction, or restoration of an existing bridge may, by notice in writing to the Commissioners, require such claim to be referred under this subsection and thereupon:
(a) if such person is a local authority, such claim shall be referred to the Minister for Environment, Heritage and Local Government, whose decision thereon shall be final, or
(b) in any other case, such claim shall be referred to an arbitrator appointed by the Reference Committee from the Panel of Property Arbitrators whose decision thereon shall be final and conclusive.
(6) In this section, the word “bridge” includes a culvert or other like structure.
Protection of the Commissioners from certain liabilities.
51. (1) Nothing contained in these Regulations nor anything done by the Commissioners thereunder nor any direction or instruction given by the Commissioners under these Regulations nor anything done under any such instruction or direction shall operate to relieve the owner of a weir, sluice, dam, or other work connected with a mill or factory from any responsibility, however imposed or arising, for the maintenance of or otherwise relating to such work or operate to transfer any such responsibility from such owner to the Commissioners.
(2) Nothing contained in these Regulations nor anything done by the Commissioners thereunder shall operate to render the Commissioners liable (save where it is proved that their officers, servants, or agents have been guilty of carelessness or neglect) for any loss or damage which may happen to any land or other property, including but not limited to, any loss or damage through or by the overflowing of any river, stream, or watercourse or through or by the sudden breaking of any bank, dam, weir, sluice, or other work constructed by the Commissioners under these Regulations or for the maintenance of which they are responsible under these Regulations.
Offences and penalties.
52. (1) Every person and or body who shall do any of the following things shall be guilty of an offence under this section:
(a) fail to comply with a requirement of these Regulations, or
(b) wilfully obstruct the Commissioners or any of their officers, agents, or servants in the exercise of any of the powers or the performance of any of the duties conferred or imposed on the Commissioners to any of their officers, agents, or servants by or under these Regulations, or
(c) pull down, remove, or injure any works constructed or in course of construction by the Commissioners under these Regulations or transferred to the Commissioners by or under these Regulations, or any materials, equipment or property of the Commissioners, or
(d) remove, injure, or deface any poles, pegs, marks, or other similar things erected, placed, or made by the Commissioners or any of their officers, agents, or servants for the purpose or in the course of the exercise of any of the powers or the performance of any of the duties conferred or imposed on the Commissioners or any of their officers, agents, or servants by or under these Regulations, or
(e) throw or put any weeds or any stones, soil or other solid matter or cause or permit any weeds or any such solid matter to fall or pass into any watercourse in respect of which any works have been constructed by or transferred to the Commissioners or are about to be or are being constructed under these Regulations so as to cause obstruction, hindrance, or delay in the construction or operation of such works, or
(f) without the consent of the Commissioners, place or erect any dam, weir, or other obstruction in any watercourse in respect of which any works have been constructed by or transferred to the Commissioners or are about to be or are being constructed under these Regulations, or
(g) obstruct the flow of water to, through, or from any flood risk management works constructed by or transferred to the Commissioners by or under these Regulations so as to prevent or hinder the efficient operation of such works or to cause flooding of such works or of any land drained thereby, or
(h) do any act which interferes with the efficient working or effectiveness of any hydrometric gauge, or
(i) remove or carry out any adjustment to a flood risk management or drainage embankment, or
(j) cease, adjust or change the maintenance of a flood risk management or drainage embankment, or
(k) remove or carry out any adjustment to a flood risk management asset which is listed in a flood risk asset register of the Commissioners or a county council, or is included in a flood risk management plan or flood risk management scheme, or
(l) fail to maintain to its current level of maintenance a flood risk management asset, which is listed in a flood risk asset register of the Commissioners or a county council, or is included in a flood risk management plan or flood risk management scheme.
(2) In this section, the word “Commissioners” includes contractors employed by the Commissioners under Section 47 of these Regulations and public authorities appointed by the Commissioners under Section 59 of these Regulations and the word “Regulations” includes the Directive or order made under these Regulations or by a bye-law made under these Regulations.
(3) A person, public body, public authority, body corporate or unincorporated body guilty of an offence is liable:
(a) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both, together with, in the case of a continuing offence, a further fine not exceeding €1,000 for every day during which the offence is continued or maintained, or
(b) on conviction on indictment to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both.
(4) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or of a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if that person was guilty of the first-mentioned offence.
(5) Where the affairs of a body corporate or unincorporated body are managed by its members, this section shall apply to the acts and defaults of a member in connection with that member’s functions of management as if that member was a director or manager of the body.
(6) A prosecution for an offence under these Regulations may be taken by a Minister of the Government or the Commissioners.
Bye-laws.
53. (1) In this section the expression “flood risk management works” shall be construed and have effect as including an existing embankment the control and management of which is for the time being vested in the Commissioners by virtue of a designation order under these Regulations.
(2) The Commissioners may make such bye-laws as they shall consider necessary or expedient for securing the protection and efficient functioning of flood risk management works constructed or in course of construction by them under these Regulations or the control and management of which is transferred to them by or under these Regulations and, in particular and without prejudice to the generality of the foregoing power, the Commissioners may make bye-laws for all or any of the following purposes:
(a) regulating generally the management and operation of the flood risk management works to which the bye-laws apply,
(b) regulating and controlling the use and preventing the improper use of or damage to watercourses, banks, and other works comprised in or forming part of such flood risk management works,
(c) regulating the opening, closing, and working of sluices, hatches, flood gates, pumps, and other machinery comprised in or forming part of such flood risk management works,
(d) prohibiting any such obstruction or pollution of or any such putting of solid matter into a watercourse flowing to, through, or from such flood risk management works as prevents or hinders or is likely to prevent or hinder the efficient operation of such flood risk management works or causes or is likely to cause flooding of land drained or protected by such flood risk management works,
(e) prohibiting the doing of any injury or damage to such flood risk management works,
(f) prohibiting any interference with such flood risk management works by unauthorised persons, and
(g) compelling persons liable to maintain a watercourse to keep such watercourse cleaned and scoured.
(3) The Commissioners may make such bye-laws as they shall consider necessary or expedient for defining the criteria to be used in areas of potential significant flood risks referred to in Section 10.
(4) Bye-laws made under this section may relate and be made applicable to all flood risk management works for the time being constructed or in the course of construction by the Commissioners under these Regulations or existing drainage works which form part of a flood risk management scheme or have been designated as flood risk management works by order under these Regulations or may relate and be made applicable only to one or more particular such aforementioned works.
(5) No bye-law made under this section shall be of any force or effect unless or until it has been approved by the Minister.
(6) Where the Minister confirms a bye-law made under this section, notice of such approval shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the district in which the flood risk management works to which the bye-law relates are situate.
(7) The Minister may by order, whenever he so thinks proper, amend or revoke any bye-law made by the Commissioners under this section notwithstanding that such bye-law has been confirmed by him.
(8) A document purporting to be a copy of a bye-law made under this section and having endorsed on it a certificate purporting to be sealed with the seal of the Commissioners declaring it to be a true copy of such bye-law shall be received in evidence in any proceedings (whether civil or criminal) in any Court as conclusive evidence of the contents of such bye-law and that it was duly made and approved of in accordance with this section and is in force.
Apportionment of land purchase annuities.
54. (1) Whenever land acquired by the Commissioners under these Regulations is subject, in conjunction with other land, to a land purchase annuity or other annual payment payable to the Irish Land Commission or to the Commissioners, the Irish Land Commission or the Commissioners (as the case may be) may apportion such annuity or annual payment in such manner as they consider proper between the land so acquired and such other land or may charge the whole of such annuity or annual payment on any part of the land subject thereto in exoneration of the residue of such land.
Designation Orders.
55. (1) Where it appears appropriate the Minister may, by order (in these Regulations referred to as a Designation Order) made on the application of the Commissioners, designate an existing drainage scheme, which is vested in the Commissioners, as a flood risk management scheme under these Regulations and the Minister may also make an order under these Regulations abolishing the drainage district containing the drainage scheme and its works.
(2) Whenever the Minister makes a Designation Order the responsibility for the maintenance of the designated flood risk management works shall be in accordance with Section 41(1)(a) and (b) as and from the date of such order.
Power to construct a substitute embankment.
56. (1) Whenever the Commissioners are satisfied, in regard to an existing embankment in respect of which duties of repair and maintenance are imposed on them by virtue of a Designation Order, that the construction of a new embankment on another site is necessary (in addition to or in substitution for such existing embankment) for the proper protection of the land or part of the land served by such existing embankment, it shall be lawful for the Commissioners to construct such new embankment on such site and according to such plans as they shall, consider suitable.
(2) For the purpose of the construction of a new embankment under the foregoing subsection of this section, the Commissioners shall have power:
(a) to enter on the proposed site of such new embankment and there construct such an embankment and do all such things as shall, in their opinion, be necessary for or incidental to such construction,
(b) to enter on any other land and there do such things as shall, in their opinion, be necessary for the purposes of the construction of such new embankment and, in particular, to take soil and other materials from such land, and
(c) to pay compensation for damage, whether permanent or temporary, to land occasioned by the exercise by the Commissioners of any of the powers conferred on them by the foregoing provisions of this subsection.
(3) All claims for compensation payable by the Commissioners under subsection (2) of this section shall, in default of agreement, be heard and determined by an arbitrator nominated by the Reference Committee from the Panel of Property Arbitrators, and the decision of such arbitrator (both as to the right to and the amount of such compensation) shall be final and conclusive.
(4) In determining, under the subsection (3) of this section, the right to or the amount of such compensation as is mentioned in that subsection, the arbitrator shall have regard to the benefit (if any) conferred on the claimant for such compensation or on his land by the construction of such new embankment.
(5) Where a new embankment is constructed by the Commissioners under this section in addition to or in substitution for an existing embankment, the powers and duties conferred or imposed on the Commissioners by or under these Regulations in relation to the maintenance of such existing embankment shall apply and extend to such new embankment.
Abandonment of an existing embankment.
57. (1) The Minister may by order (in these Regulations referred to as an Abandonment Order) whenever he thinks proper so to do on the application of the Commissioners, authorise the abandonment of the whole or any specified part of an existing embankment in relation to which duties of repair and maintenance are imposed on the Commissioners under these Regulations or under any Act listed in the Third Schedule.
(2) An Abandonment Order shall operate to authorise the Commissioners to abandon the existing embankment or the part of an existing embankment to which such order relates and to relieve and discharge the Commissioners, as from the date of such order, of and from the duties of repair and maintenance imposed on them by virtue of the relevant transfer order.
(3) Every person who suffers loss or damage by reason of the flooding of land owned or occupied by him shall, where such flooding is due directly to the abandonment of an existing embankment pursuant to an Abandonment Order, be entitled to be paid by the Commissioners compensation in respect of such loss or damage.
(4) Every claim for compensation under this section:
(a) shall be made in writing to the Commissioners within one year after the loss or damage to which the claim relates is first suffered, and
(b) shall, in default of agreement, be heard and determined by an arbitrator nominated by the Reference Committee from the Panel of Property Arbitrators whose decision, both as to the right to and the amount of such compensation, shall be final and conclusive.
(5) Compensation payable under this section in respect of the flooding of land (in this subsection referred to as flooded land) which is subject, either alone or in conjunction with other land, to a Land Purchase Annuity or other annual payment (not being merely rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners shall be applied by the Commissioners in or towards the redemption of so much (whether the whole or a part) of such annuity or annual payment as is charged on or apportioned to the flooded land exclusively, and only the surplus (if any) of such compensation remaining after such redemption shall be paid to the owner or occupier of the flooded land.
Powers of the Minister.
58. (1) For the purposes of assessment and management of flood risk and giving further effect to the provisions and requirements of these Regulations and the Directive the Minister shall have power to make an Order:
(a) requiring operators of flow and level gauges to maintain and operate these gauges where they have existing general responsibility for such work,
(b) requiring local authorities to consider the need for flood risks gauges and the need to protect existing flood risk gauge sites when drawing up development plans,
(c) conferring on the Commissioners such additional functions and powers as he considers appropriate for the purposes of assessment and management of flood risk,
(d) designating channels to be maintained or undesignating all or part of a channel including those designated under other legislation,
(e) making such provision as he considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Commissioners of functions relating to the assessment and management of flood risk,
(f) making, amending or revoking an Order under these Regulations,
(g) transferring or granting, with the agreement of the Minister for Environment, Heritage and Local Government, responsibilities and powers of the Commissioners under the Arterial Drainage Act 1945 Act to the Minister for Environment, Heritage and Local Government for operation under the Planning Acts,
(h) amending or repealing any provision of the Act of 1945 for the purposes of improving the assessment and management of flood risk or where the matters is also dealt with in these Regulations.
(2) The Minister may provide such assistance, including financial assistance, to the relevant public authorities as the Minister considers appropriate in relation to the discharge of their functions under these Regulations.
General power of the Commissioners to delegate powers and responsibilities.
59. (1) Whenever the Commissioners are authorised by or under these Regulations to undertake prepare or establish, review or update preliminary flood risk assessments, the flood hazard maps, the flood risk maps and flood risk management plans referred to in Sections 7, 11 and 15 or execute any flood risk management or other engineering or building works, they may, in lieu of executing such operations and works themselves by their own officers and servants, appoint (with the sanction of the Minister) any public authority listed in the First Schedule for the execution of the whole or part of such operations and works by such public authorities and may for that purpose enter (with the sanction aforesaid) into such arrangements and agreements as may be requisite.
(2) Whenever the Commissioners enter into arrangements and agreements under this section with any public authority for the execution by such public authority of any such operations as are listed in subsection (1) of this section, the Commissioners may, by any arrangement or agreement with such public authority, delegate to it such of the powers and duties conferred or imposed on the Commissioners by or under these Regulations as shall be specified in such arrangement or agreement, and thereupon such public authorities shall have (concurrently with the Commissioners) the right to exercise the powers and the obligation to perform the duties so specified so far as and no further than is necessary for the execution of the said operations or works by it.
Costs of flood risk management works may be defrayed by third parties.
60. (1) The Commissioners may enter into an agreement with one or more other persons (including a local authority or authorities) whereby that other person or persons agrees or agree, to defray, in whole or in part, the costs incurred by the Commissioners in executing or maintaining specified flood risk management works.
Arrangements with a public authority.
61. (1) The Commissioners may, with the sanction of the Minister, enter into arrangements with a public authority regarding financing of flood risk management measures being carried out under the powers of that said public authority, including co-financing with public and private bodies.
Arrangements with public and other bodies.
62. (1) The Commissioners may, with the sanction of the Minister, enter into arrangements with any body including public authorities and commercial companies for the financing, including financing in part, of schemes of measures with the aim of managing flood risks.
Minor operations and works.
63. (1) The Commissioners may make such bye-laws as they shall consider necessary or expedient for defining minor operations and works to be carried out under these Regulations and also the sections, subsections and paragraphs of these Regulations which shall not apply to these said minor operations and works on grounds of economic efficiency and ensuring value for money.
FIRST SCHEDULE PART 1
Public authorities
1. All Government Departments and Offices.
2. All Local Authorities.
3. All Semi-State Bodies.
4. All Competent Authorities under the Water Framework Directive.
PART 2
Public bodies
1. All Local Authorities.
2. The Commissioners of Public Works in Ireland.
3. Electricity Supply Board.
4. Waterways Ireland.
PART 3
Organisations
1. All Government Departments and Offices.
2. All Local Authorities.
3. Environmental Protection Agency.
4. Electricity Supply Board.
5. Waterways Ireland.
6. Marine Institute.
7. Met Éireann.
8. Geological Survey of Ireland.
SECOND SCHEDULE Annex 1 of Water Framework Directive
Information Required for the List of Competent Authorities
As required under Article 3(8) of the Water Framework Directive, the Member States shall provide the following information on all Competent Authorities within each of its river basin districts as well as the portion of any international river basin district lying within their territory.
(i) Name and address of the Competent Authority — the official name and address of the authority identified under Article 3(2) of the Water Framework Directive.
(ii) Geographical coverage of the river basin district — the names of the main rivers within the river basin district together with a precise description of the boundaries of the river basin district. This information should as far as possible be available for introduction into a geographic information system (GIS) and/or the geographic information system of the Commission (GISCO).
(iii) Legal status of Competent Authority — a description of the legal status of the Competent Authority and, where relevant, a summary or copy of its statute, founding treaty or equivalent legal document.
(iv) Responsibilities — a description of the legal and administrative responsibilities of each Competent Authority and of its role within each river basin district.
(v) Membership — where the Competent Authority acts as a co-ordinating body for other Competent Authorities, a list is required of these bodies together with a summary of the institutional relationships established in order to ensure co-ordination.
(vi) International relationships — where a river basin district covers the territory of more than one Member State or includes the territory of non-Member States, a summary is required of the institutional relationships established in order to ensure co-ordination.
THIRD SCHEDULE List of Arterial Drainage Acts
The Arterial Drainage Acts 1945 to 1995.
The Drainage and Navigation (Ireland) Acts, 1842 to 1857.
The Drainage and Improvement of Lands (Ireland) Acts, 1863 to 1892.
The Arterial Drainage Acts, 1925 and 1929.
FOURTH SCHEDULE Components of flood risk management plans and description of the implementation of the plans:
A. Flood risk management plans
I. Components of the first flood risk management plans:
1. The conclusions of the preliminary flood risk assessment as required in Chapter II of the Directive in the form of a summary map of the river basin district, or the unit of management referred to in Section 4(2)(a), delineating the areas identified under Section 10(1) which are the subject of this flood risk management plan;
2. Flood hazard maps and flood risk maps as prepared under Section 11, or already in place in accordance with Section 11(9), and the conclusions that can be drawn from those maps;
3. A description of the appropriate objectives of flood risk management, established in accordance with Section 15(2);
4. A summary of the measures and their prioritisation aiming to achieve the appropriate objectives of flood risk management, including the measures taken in accordance with Section 15, and flood related measures taken under other Community Acts, including Council Directives 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment and 96/82/EC of 9 December 1996 on the control of major accident hazards involving dangerous substances, Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment and the Water Framework Directive;
5. When available, for shared river basins or sub-basins, a description of the methodology, defined by the Member States concerned, of cost-benefit analysis used to assess measures with transnational effects.
II. Description of the implementation of the plan:
1. A description of the prioritisation and the way in which progress in implementing the plan will be monitored;
2. A summary of the public information and consultation measures/actions taken;
3. A list of Competent Authorities and, as appropriate, a description of the co-ordination process within any international river basin district and of the co-ordination process with the Water Framework Directive.
FIFTH SCHEDULE Components of the subsequent update of flood risk management plans
1. Any changes or updates since the publication of the previous version of the flood risk management plan, including a summary of the reviews carried out in compliance with Section 15(9);
2. An assessment of the progress made towards the achievement of the objectives referred to in Section 15(2);
3. A description of, and an explanation for, any measures foreseen in the earlier version of the flood risk management plan which were planned to be undertaken and have not been taken forward;
4. A description of any additional measures since the publication of the previous version of the flood risk management plan.
/images/ls
GIVEN under the Official Seal of the Minister for Finance,
15 March 2010.
BRIAN LENIHAN,
Minister for Finance.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations provide for the transposition into Irish national law of the provisions of EU Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 establishing a framework for community action in the field of assessment and management of flood risks. For this purpose the Regulations, inter alia:
•provide for appointment of the Commissioners of Public Works in Ireland as Competent Authority under the Directive,
•require all public authorities and other organisations to take measures appropriate to their functions to promote or achieve implementation of the Directive and these Regulations,
•set out a system to facilitate and encourage the active involvement of all interested parties in the process of implementing the Directive and these Regulations,
•sets out a process for implementing flood risk management plans prepared under the Directive and these Regulations.
European Communities (Assessment and Management of Flood Risks) (Amendment) Regulations 2015.
I, BRENDAN HOWLIN, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No.27 of 1972), and for the purpose of giving further effect to Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 establishing a framework for Community action in the field of assessment and management of flood risk, hereby makes the following regulations:
Citation, collective citation and construction
1. (1) These Regulations may be cited as the European Communities (Assessment and Management of Flood Risks) (Amendment) Regulations 2015.
(2) The Principal Regulations and these Regulations may be cited together as the European Communities (Assessment and Management of Flood Risks) Regulations 2010 and 2015.
(3) The Principal Regulations and these Regulations shall be construed together as one.
Definition
2. In these Regulations “Principal Regulations” means the European Communities (Assessment and Management of Flood Risks) Regulations 2010 ( S.I. No.122 of 2010 ).
Construction of certain references in Principal Regulations
3. A reference in the Principal Regulations to a section or subsection, or a paragraph of a subsection, unless the reference is to a provision of an Act of the Oireachtas or other statute, shall be construed as a reference to, respectively—
(a) a Regulation,
(b) a paragraph of a Regulation, or
(c) a subparagraph of a paragraph.
Objections to flood hazard maps
4. The Principal Regulations are amended by substituting the following for Regulation 13:
“13.(1) Any person who is the owner, occupier or user of the land shown on flood hazard maps as falling within the scenarios set out in Regulation 11(3)(a), (b) or (c) may, within one month of the appearance of the notice in Iris Oifigiúil, lodge an objection with the Commissioners to the inclusion of such land or portion of lands in any of these categories, stating the reasons why the person considers it unreasonable to conclude that the land in question could be flooded according to the relevant scenarios set out in Regulation 11(3)(a), (b) and (c).
(2) The Commissioners shall consider any such objection so lodged and may decide to amend or confirm the inclusion of the land in question in the flood hazard map, giving reasons for such decision.
(3) The Commissioners may determine the procedures in accordance with which the lodging and processing, and the deciding by them of, an objection referred in paragraphs (1) and (2) shall be done. Any procedures so determined by the Commissioners shall be published by them.
(4) The owner, occupier or user of the land, may, not later than 30 days after the day on which the decision referred to in paragraph (2) is given, appeal against that decision by serving a notice on the Commissioners in that behalf.
(5) The appeal shall be referred to, and determined by, a person or persons of appropriate expertise and experience who shall be nominated by the President for the time being of Engineers Ireland on the application of the Commissioners.
(6) The Commissioners may determine the procedures in accordance with which the service of the notice under paragraph (4), the processing of the appeal concerned and the determination of the appeal by the one or more persons nominated under paragraph (5) shall be done. Any procedures so determined by the Commissioners shall be published by them.”.
Sending of flood risk management plans to county councils
5. The Principal Regulations are amended by substituting the following subparagraph for subparagraph (c) of Regulation 18(2):
“(c) may, at any time within such period as is considered appropriate by the Commissioners, being not less than 3 months after the date of the publication in the Iris Oifigiúil pursuant to paragraph (1) of the notice relating to such plan, send to the Commissioners all such observations in relation to such plan as the county council or, as the case may be, other local authority shall think proper.”.
Amendment of First Schedule to Principal Regulations
6. The First Schedule to the Principal Regulations is amended—
(a) in Parts 1 and 2, by adding, after paragraph 4 in each case, the following:
“5.Irish Water.”, and
(b) in Part 3, by adding, after paragraph 8, the following:
“9.Irish Water.”.
/images/ls
GIVEN under my Official Seal,
5 November 2015.
BRENDAN HOWLIN,
Minister for Public Expenditure and Reform.