|
|
|
STATUTORY INSTRUMENTS
|
|
|
|
S.I. No. 12 of 2001
|
|
|
|
WATER QUALITY
(DANGEROUS SUBSTANCES) REGULATIONS, 2001
|
|
|
|
Dublin
|
|
|
|
Published by the Government Supplies Agency
|
|
|
|
S.I. No. 12 of 2001
|
|
|
|
WATER QUALITY
(DANGEROUS SUBSTANCES) 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 sections 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 and
Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 (
1="">S.I. No. 428 of 1997 ), and for the purposes of giving
effect to Directive 2000/60/EC of the European Parliament and of the Council
of 23 December 2000(1) establishing a framework for Community
action in the field of water policy and of giving further
effect to provisions of Council Directive 76/464/EEC of 4 May 1976(2) on
pollution caused by certain dangerous substances discharged
into the aquatic environment I, Dan Wallace, Minister of State at the
Department of the Environment and Local Government, hereby make the
following Regulations:
|
|
|
|
1. (1) These
Regulations may be cited as the Water Quality
(Dangerous Substances) Regulations, 2001.
|
|
|
|
(2) These
Regulations shall come into operation on 1 July 2001.
|
|
|
|
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 which is not otherwise identified is
a reference to a sub-article of the article in which the reference occurs;
|
|
|
|
“the Act of 1992” means the Environmental Protection Agency Act,
1992 (No. 7 of 1992) ;
|
|
|
|
“the Act of 1996” means the Waste Management Act, 1996 (No. 10 of
1996) ;
|
|
|
|
“the Agency” means the Environmental Protection Agency established
under section 19 of the Act of 1992;
|
|
|
|
“An Bord Pleanala”
means the Board established under the Local Government (Planning and
Development) Acts, 1963 to 1999;
|
|
|
|
“best available techniques” has the meaning assigned to it by
Article 11 of Council Directive 96/61/EC of 24 September, 1996 (3) ;
|
|
|
|
“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;
|
|
|
|
“the Principal Act” means the Local Government (Water
Pollution) Act, 1977 (No. 1 of 1977) as amended;
|
|
|
|
“specified standard” means a standard specified in the Schedule to
these Regulations, and
|
|
|
|
“water body” means a body of waters,
within the meaning of the Principal Act.
|
|
|
|
3. The
specified standards are hereby prescribed and shall apply in relation to all
waters (other than groundwater) in accordance with these Regulations.
|
|
|
|
4. (1) In
considering an application made after the commencement of these Regulations
for a licence under section 4 or section 16 of the Principal Act, a local
authority or a sanitary authority, as the case may be, shall determine the
application on the basis of the specified standards applying with immediate
effect.
|
|
|
|
(2) Where a local authority or sanitary
authority, as the case may be, carries out a review of a licence in
pursuance of section 7 (2A) or 17 (2A) of the Principal Act or otherwise, it
shall, subject to article 7, determine the review on the basis of the
specified standards being met not later than 5 years after the commencement
of these Regulations.
|
|
|
|
(3) The obligations on a local authority and
sanitary authority under this article shall apply to An Bord
Pleanala in its determination of an appeal under
section 8 or section 20 of the Principal Act.
|
|
|
|
5. (1) In
considering an application made after the commencement of these Regulations
for a licence under section 83 of the Act of 1992, the Agency shall, subject
to article 7, determine the application on the basis of the specified
standards applying -
|
|
|
|
(a) with immediate effect
in case where the application relates to an activity other than an
established activity, and
|
|
|
|
(b) not later than 5
years after the commencement of these Regulations in case where the
application relates to an established activity.
|
|
|
|
(2) Where
the Agency carries out a review of a licence in pursuance of section 88(4)
of the Act of 1992 it shall, subject to article 7, determine the review on
the basis of the specified standards applying not later than 5 years after
the commencement of these Regulations.
|
|
|
|
6. (1) In
considering an application made after the commencement of these Regulations
for a licence under section 40 of the Act of 1996, the Agency shall
determine the application on the basis of the specified standards applying
with immediate effect.
|
|
|
|
(2) The Agency shall, where necessary, and as
soon as may be after the commencement of these Regulations, review any
licence granted by it under section 40 of the Act of 1996 and shall, subject
to article 7, determine the review on the basis of the specified standards
applying not later than 5 years after the commencement of these Regulations.
|
|
|
|
7. The
period of 5 years specified in article 4(2), 5(1), 5(2) or 6(2) may be
extended for a period not exceeding 5 years if, but only if, the relevant
local authority or sanitary authority or the Agency, as
the case may be, is satisfied that at least the best available techniques
are being used to treat any direct discharge or emission affecting a water
body.
|
|
|
|
8. (1) It
shall be the duty of the Agency and each local authority and sanitary
authority, in the discharge of its functions under the Principal Act, the
Act of 1992, the Act of 1996 and any other enactment relating to
environmental protection, to take all such steps as may be appropriate -
|
|
|
|
(a) to ensure that, where the existing
condition of a water body does not meet a specified standard
in relation to a substance, there shall be no disimprovement
in the condition of the water body in
relation to that substance, and
|
|
|
|
(b) to secure compliance with the specified
standards not later than 31 December 2010.
|
|
|
|
(2) For the purposes of
sub-article (1), “existing condition”, in relation to a water
body, means the condition of the water body as most recently
determined by a local authority or the Agency prior to the
making of these Regulations or, where such condition has not been so
determined, the condition of that water body as first
determined by a local authority or the Agency after the making of these
Regulations.
|
|
|
|
9. (1) A
specified standard shall not apply in relation to a water body
for such period (not exceeding 5 years) after the date specified
in article 8 (1) (b) as may be determined by the Agency where the Agency is
satisfied that the water body is so affected by human activity
that compliance with that standard within that period is not feasible or
would be disproportionately expensive.
|
|
|
|
(2) A specified standard
shall not apply in relation to a water body where the Agency
is satisfied that the water body is so permanently affected by
naturally occurring conditions or by past human activity that compliance
with that standard is not feasible or would be disproportionately expensive.
|
|
|
|
10. (1) Each
local authority shall submit a report to the Agency by 31 July 2002 setting
out the measures to be taken by the authority in pursuance of article 8.
|
|
|
|
(2) Each local authority
shall submit to the Agency by the 31 July 2004, a report on the progress
made in relation to implementation of measures taken or to be taken by the
authority in pursuance of article 8 and further such progress reports shall
be so submitted at intervals not exceeding two years thereafter until such
date as may be determined by the Minister.
|
|
|
|
(3) Within 9 months of the
deadlines referred to in sub-article (2), the Agency shall prepare and
publish reports on the progress made in relation to implementation of these
Regulations and shall include in the reports such recommendations as it
considers appropriate.
|
|
|
|
(4) Without
prejudice to the generality of sub-articles (1) to (3), a report referred to
in this article shall identify each water body to which
article 9(1) relates and shall specify, in respect of each
such water body -
|
|
|
|
(a) the
condition of the water body in relation to the relevant
specified standard,
|
|
|
|
(b) the period determined
under article 9(1), and
|
|
|
|
(c) the circumstances by
reference to which it is considered that compliance with that standard
within that period is not feasible or would be disproportionately expensive.
|
|
|
|
(5) Without prejudice to
the generality of sub-articles (1) to (3), a report referred to in this
article shall identify each water body to which article 9 (2)
relates and shall outline, in each such case, the
condition of the water body in relation to compliance with the
relevant specified standard and the circumstances by reference to which the
Agency considers that compliance with that standard is not feasible or would
be disproportionately expensive.
|
|
|
|
SCHEDULE
STANDARDS
|
|
|
|
The annual mean
concentration in a water body of a substance specified in a
Table hereunder shall not exceed the standard specified in the Table in
relation to that substance. The standards are expressed in units of ug/1,
i.e. micrograms per litre, and incorporate the notes to the Tables.
|
|
|
|
TABLE 1
|
|
|
|
PESTICIDES
AND SOLVENTS
|
|
|
|
|
Substance
|
Standard (ug/1)
|
|
Atrazine
|
1.0
|
|
Dichloromethane
|
10.0
|
|
Simazine
|
1.0
|
|
Toluene
|
10.0
|
|
Tributyltin
|
0.001
|
|
Xylenes
|
10.0
|
|
|
|
|
The standard for Tributyltin shall apply in
relation to tidal waters only and shall be deemed to be met if the results
of monitoring for biological effects indicate no reproductive impairment in
gastropods.
|
|
|
|
TABLE 2
|
|
|
|
METALS AND
OTHER SUBSTANCES
|
|
|
|
|
Substance
|
Standard
(ug/1) for fresh Waters
|
Standard
(ug/1) for tidal waters
|
|
|
Hardness of water
measured in mg/1 CaCO3
|
|
|
|
≤100
|
>100
|
|
|
Arsenic
|
25
|
25
|
20
|
|
Chromium
|
5
|
30
|
15
|
|
Copper
|
5
|
30
|
5
|
|
Cyanide
|
10
|
10
|
10
|
|
Fluoride
|
500
|
500
|
1,500
|
|
Lead
|
5
|
10
|
5
|
|
Nickel
|
8
|
50
|
25
|
|
Zinc
|
(see notes)
|
100
|
40
|
|
|
|
|
Values for metals are for total metal concentration (dissolved and
colloidal/s.s.).
|
|
|
|
The term ≤100 means less than or equal to
100.
|
|
|
|
The term >100 means greater than 100.
|
|
|
|
In the case of Zinc, the standard shall be -
|
|
|
|
8 ug/1 for water hardness less than
or equal to 10 mg/1 CaCO3
|
|
|
|
50 ug/1 for water hardness greater
than 10 mg/1 CaCO3 and less than or equal to 100 mg/1 CaCO3.
|
|
|
|
|
|
Dated this 30th day of January 2001
|
|
|
DAN WALLACE
|
|
|
Minister of State at the Department of the Environment
and Local Government
|
|
|
|
|
EXPLANATORY NOTE
|
|
|
|
(This note does not form part of the
Instrument and does not purport to be a legal interpretation.)
|
|
|
|
These Regulations prescribe
water quality standards in relation to certain
substances in surface waters e.g. rivers, lakes, tidal waters. The substances
include certain pesticides, solvents, metals. The Regulations
give further effect to EU Council Directive
76/464/EC (the Dangerous Substances Directive) and give effect to certain
provisions of EU Directive 2000/60/EC (the Water
Framework Directive).
|
|
|
|
(1) O.J. No. L 327/1, 22.12.2000
(2) O.J. No. L 129/23, 18.5.76
(3) O.J. No. L 257/26, 10.10.96
|