SCHEDULE 3 continued PART 2
8. Where any bathing water profile indicates a potential for cyanobacterial proliferation, the Department shall monitor that bathing water at the frequency necessary to allow adequate management measures to be put in place in accordance with regulation 13.
9. Where any bathing water profile indicates a tendency for proliferation of macro-algae or marine phytoplankton, the Department shall carry out such investigations at that bathing water as are necessary to determine whether such proliferation constitutes a health risk to bathers.
10.—(1) The Department shall establish a visual monitoring programme at every bathing water at the frequency necessary to allow adequate management measures to be put in place in accordance with regulation 13.
(2) Every bathing water operator shall establish a visual monitoring programme at its bathing water at the frequency necessary to allow adequate management measures to be put in place in accordance with regulation 13.
Regulation 12
1. The Department shall use the following standards for classification—
2. In this Schedule the Department shall base the “percentile values” and calculate same in compliance with the provisions set out in Annex II of the Directive.
3.—(1) At the end of every bathing season, the Department shall classify a bathing water as “poor” if, in the set of bathing water quality data used, the percentile values for microbiological enumerations are higher than the “sufficient” standards set out in paragraph 1.
(2) At the end of every bathing season, the Department shall classify a bathing water as “sufficient” if —
(a) in the set of bathing water quality data, the percentile values for microbiological enumerations are equal to or lower than the “sufficient” standards set out in paragraph 1; and
(b) the bathing water is not classifiable as “good” or “excellent”.
(3) At the end of every bathing season, the Department shall classify a bathing water as “good” if—
(a) in the set of bathing water quality data, the percentile values for microbiological enumerations are equal to or lower than the “good” standards set out in paragraph 1; and
(b) the bathing water is not classifiable as “excellent”.
(4) At the end of every bathing season, the Department shall classify a bathing water as “excellent” if, in the set of bathing water quality data used, the percentile values for microbiological enumerations are equal to or lower than the “excellent” standards set out in paragraph