Statutory Rule 1996 No. 603

      The Surface Waters (Abstraction for Drinking Water) (Classification) Regulations (Northern Ireland) 1996

      © Crown Copyright 1996

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STATUTORY RULES OF NORTHERN IRELAND

1996 No. 603

WATER AND SEWERAGE

The Surface Waters (Abstraction for Drinking Water) (Classification) Regulations (Northern Ireland) 1996

Made 20th December 1996
Coming into operation 20th February 1997


    The Department of the Environment, in exercise of the powers conferred on it by section 4B of the Water Act (Northern Ireland) 1972[1] and now vested in it[2], section 56B of the Water and Sewerage Services Order (Northern Ireland) Order 1973[3] and, being a department designated[4] for the purposes of section 2(2) of the European Communities Act 1972[5] in relation to measures relating to the prevention, reduction and elimination of pollution of water, in exercise of the powers conferred on it by that section and of every other power enabling it in that behalf, hereby makes the following Regulations:
    Citation and commencement
        1.    These Regulations may be cited as the Surface Waters (Abstraction for Drinking Water) (Classification) Regulations (Northern Ireland) 1996 and shall come into operation on 20th February 1997.
    Interpretation
        2.—(1)  In these Regulations—
      "the Department" means the Department of the Environment; and

      "pollution control functions" means the Department's functions under or by virtue of the following statutory provisions, that is to say—

        (a)  the Water Act (Northern Ireland) 1972;

        (b)  the Water and Sewerage Services (Northern Ireland) Order 1973;

        (c)  regulations made by virtue of section 2(2) of the European Communities Act 1972, to the extent that the regulations relate to pollution of water.

        (2)  Expressions used in these Regulations which are also used in Directive 75/440/EEC[6] (quality required of surface waters used for abstraction of drinking water) or Directive 79/869/EEC[7] (methods of measurement and frequency of sampling and analysis of such waters) shall have the same meaning as in those Directives.

        (3)  In these Regulations any reference to the supply of water as drinking water shall be taken to be a reference to the supply of that water as drinking water after it has undergone purification treatment.

        (4)  The Interpretation Act (Northern Ireland) 1954[8] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
    Classification of waters
        3.    The classifications DW1, DW2 and DW3 and the criteria for those classifications set out in Schedule 1 shall apply for classifying waters by reference to their suitability for abstraction by the Department for supply (after treatment) as drinking water.
    Compliance with relevant limits
        4.—(1)  Subject to paragraphs (2) and (3), any waters classified under these Regulations shall be treated in any year as complying with the limits specified in column I of Schedule 1 for waters of the relevant class in relation to a parameter if—

      (a)  95 per cent of the samples taken in relation to those waters in accordance with regulation 7 comply with the limits specified in column I of Schedule 1;

      (b)  none of the samples exceeds the limit by more than 50 per cent;

      (c)  there is no associated danger to public health where any of the samples exceeds the limit; and

      (d)  there have been no occasions on which consecutive samples so taken at statistically suitable intervals exceed the limit.

        (2)  Non-compliant samples shall be ignored for the purposes of paragraph (1) if they are the result of a flood, natural disaster or abnormal weather conditions.

        (3)  Paragraph 1(b) shall not apply in the case of any standard adopted by the Department in relation to temperature.
    Guideline values and no deterioration principle
        5.    In discharging its pollution control functions in relation to any waters classified under these Regulations, the Department shall—

      (a)  endeavour to respect the guideline values specified in column G of Schedule 1 for waters of the relevant class;

      (b)  act in accordance with the principle that implementation of measures taken pursuant to Directive 75/440/EEC[9] may under no circumstances lead directly or indirectly to deterioration of the current quality of surface water.
    Compliance with standards
        6.—(1)  Subject to paragraphs (2) and (3), any waters classified under these Regulations shall be treated as complying with any standard in relation to any parameter adopted by the Department as a result of regulation 5 in relation to those waters if—

      (a)  90 per cent of the samples taken in relation to the waters in accordance with regulation 5 comply with the standard;

      (b)  none of the samples fails the standard by more than 50 per cent;

      (c)  there is no associated danger to public health where any of the samples fails to comply with the standard; and

      (d)  there have been no occasions on which consecutive samples so taken at statistically suitable intervals fail to comply with the standard.

        (2)  Non-compliant samples shall be ignored for the purposes of paragraph (1) if they are the result of a flood, natural disaster or abnormal weather conditions.

        (3)  Paragraph 1(b) shall not apply in the case of any standard adopted by the Department in relation to temperature, pH, dissolved oxygen and microbiological parameters
    Waivers
        7.—(1)  Subject to the provisions of this regulation, the Department may waive any requirement to comply with the relevant limit value for any parameter in relation to waters classified under these Regulations or any standard adopted as a result of regulation 5 for any parameter in relation to any water classified under these Regulations if it considers it appropriate to do so—

      (a)  as a result of any flood or other natural disaster;

      (b)  in the case of any parameter marked (O) in Schedule 1, as a result of exceptional meteorological or geographical conditions;

      (c)  where the waters undergo natural enrichment in certain substances as a result of which the waters would exceed the relevant limit value for that parameter;

      (d)  in the case of a shallow lake or virtually stagnant surface water, for parameters marked with an asterisk in Schedule 1.

        (2)  The Department shall not waive any requirement if that would result in a danger to public health.

        (3)  Paragraph (1)(d) shall only apply in the case of a shallow lake where—

      (a)  the depth of the lake does not exceed 20 metres;

      (b)  the exchange of water is slower than a year; and

      (c)  waste water is not discharged into the lake.

        (4)  In this regulation "natural enrichment" means a process whereby without human intervention a given body of water receives from the soil certain substances contained therein.
    Sampling and analysis
        8.—(1)  Subject to Regulation 9, the Department shall ensure that waters classified under these Regulations are sampled and samples are analysed in accordance with paragraphs (2) to (5).

        (2)  Samples shall always be taken at the same sampling point at times when water is being abstracted by the Department for supply as drinking water and the sampling point chosen by the Department must be—

      (a)  at the place where water is abstracted before being sent for purification treatment; and

      (b)  so situated that samples taken at that point are representative of the quality of the water at that place.

        (3)  Samples shall be analysed for compliance with the parameters listed in Part I of Schedule 2 for the relevant class of waters using methods of measurement which are at least as reliable as those specified in that Part and respect the values shown in that Part for limits of detection, precision and accuracy.

        (4)  Sampling and analysis shall be carried out at the frequency fixed by the Department in relation to the sampling point for those waters for each parameter listed in Schedule 1 and, in fixing the frequency, the Department shall ensure that—

      (a)  sampling is carried out at regular intervals;

      (b)  the annual frequency of sampling and analysis for each parameter is not less than that specified in Part II of Schedule 2 for the relevant class of waters; and

      (c)  sampling is as far as possible spread over the year so as to give a representative picture of the quality of the water.

        (5)  The containers used for samples, the agents or methods used to preserve part of the sample for the analysis of one or more parameters, the conveyance and storage of the samples and the preparation of samples for analysis must not be such as to bring about any significant change in the results of the analysis.
    Reduction of frequency of sampling, etc.
        9.—(1)  Where a survey of any waters classified for the purposes of these Regulations shows that the values obtained for any parameters are considerably superior to—

      (a)  the quality required by Schedule 1, or

      (b)  the standard adopted by the Department as a result of regulation 5 in relation to the waters,
    the Department may reduce the frequency of sampling of the waters in relation to that parameter or standard.

        (2)  The Department may decide that regular sampling and analysis of waters classified under these Regulations is not needed if—

      (a)  the requirements of paragraph (1) are satisfied in relation to the waters;

      (b)  there is no pollution of the waters;

      (c)  there is no risk of the quality of the waters deteriorating; and

      (d)  the quality of the waters is superior to the minimum required for waters classified as DW1.
    Modification of section 4C of the Water Act (Northern Ireland) 1972
        10.    Section 4C of the Water Act (Northern Ireland) shall have effect—

      (a)  as if it imposed a duty on the Department to exercise the powers conferred on it by that section to classify under these Regulations such waters as are necessary to give effect to Directive 75/440/EEC; and

      (b)  in relation to the performance of that duty, as if subsections (4), (5) and (7) of that section were omitted.
    Systematic plan of action
        11.    The Department shall draw up a systematic plan of action including a timetable for the improvement of surface water and especially that falling within category DW3.
    Revocation of the Surface Waters (Classification) Regulations (Northern Ireland) 1995
        12.    The Surface Waters (Classification) Regulations (Northern Ireland) 1995[10] are hereby revoked.


Sealed with the Official Seal of the Department of the Environment on
20th December 1996.

L.S.
R. W. Rogers

Assistant Secretary





Notes:

[1] 1972 c. 5 (N.I.) as amended by the Water and Sewerage Services (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/3165 (N.I. 16) Art. 16) back

[2] S.R. & O. (N.I.) 1973 No. 504 Art. 4 back

[3] S.I. 1973/70 (N.I. 2) as amended by the Water and Sewerage Services (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/3165 (N.I. 16) Art. 12) back

[4] S.I. 1989/2393 back

[5] 1972 c. 68 back

[6] O.J. No. L194, 25.7.75, p. 26 back

[7] O.J. No. L271, 29.10.79, p. 44 back

[8] 1954 c. 33 (N.I.) back

[9] O.J. No. L194, 25.7.75, p. 26 back

[10] S.R. 1995 No. 11 back

 

Explanatory Note


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