Statutory Rule 1998 No. 397
Surface Waters (Dangerous Substances) (Classification)
Regulations (Northern Ireland) 1998
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STATUTORY RULES OF NORTHERN IRELAND
1998 No. 397
WATER AND SEWERAGE
Surface Waters (Dangerous Substances) (Classification)
Regulations (Northern Ireland) 1998
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Made |
16th November 1998 |
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Coming into operation |
1st February 1999 |
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The Department of the Environment, in exercise of the powers conferred
by section 4B(1) and (2) of the Water Act (Northern Ireland) 1972[1]
and now vested in it[2],
and by Article 56B(1) and (2) of the Water and Sewerage Services (Northern
Ireland) Order 1973[3],
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 (Dangerous
Substances) (Classification) Regulations (Northern Ireland) 1998 and shall
come into operation on 1st February 1999.
Interpretation
2. - (1) In these Regulations -
"coastal waters" means any tidal waters which are within the area
which extends landward from the baselines from which the breadth of the
territorial sea adjacent to Northern Ireland is measured as far as the
fresh-water limit of any waterway;
"inland freshwaters" means that part of any waterway above the freshwater
limit; and
"relevant territorial waters" means the waters which extend seaward
for 3 miles from the baselines from which the breadth of the territorial
sea adjacent to Northern Ireland is measured.
Classification of waters
3. - (1) The classification DS1 and the criteria for that
classification set out in Schedule 1 shall apply for classifying inland
freshwaters.
(2) The classification DS2 and the criteria for
that classification set out in Schedule 2 shall apply for classifying coastal
waters and relevant territorial waters.
(3) The classification DS3 and the criteria for
that classification set out in Schedule 3 shall apply for classifying relevant
territorial waters, coastal waters and inland freshwaters.
(4) The classification DS4 and the criteria for
that classification set out in Schedule 4 shall apply for classifying inland
freshwaters with a view to reducing the pollution of those waters by the
substances listed in that Schedule.
(5) The classification DS5 and the criteria for
that classification set out in Schedule 5 shall apply for classifying coastal
waters and relevant territorial waters with a view to reducing the pollution
of those waters by the substances listed in that Schedule.
(6) The classification DS6 and the criteria for
that classification set out in Schedule 6 shall apply for classifying inland
freshwaters with a view to reducing the pollution of those waters by the
substances listed in that Schedule.
(7) The classification DS7 and the criteria for
that classification set out in Schedule 7 shall apply for classifying coastal
waters and relevant territorial waters with a view to reducing the pollution
of those waters by the substances listed in that Schedule.
Sampling and analysis
4. - (1) The provisions of this regulation apply as respects
the taking of samples of inland freshwaters, coastal waters and relevant
territorial waters in relation to their classification in accordance with
regulation 3.
(2) Samples shall be taken under this regulation
at a frequency sufficient to show any changes in the aquatic environment,
having regard in particular to natural variations in hydrological conditions.
(3) Where a discharge containing any substance
listed in column (1) of any of the Schedules is made to waters mentioned
in paragraph (1), samples shall be taken at a point sufficiently close
to the discharge point to be representative of the quality of the aquatic
environment in the area affected by the discharge,
(4) Samples taken under this regulation in relation
to relevant territorial waters, coastal waters or inland freshwaters to
which the classification DS1, DS2 or DS3 is for the time being applied
shall be analysed using the relevant reference method of measurement respectively
specified in column (3) of Schedule 1, 2 or 3 or other methods which have
limits of detection, precision and accuracy at least as good.
Modification of Section 4C of the Water Act (Northern Ireland) 1972
5. Section 4C of the Water Act (Northern Ireland) 1972[4]
shall have effect as if-
(a) it imposed a duty on the Department to exercise the powers
conferred on it by that section to apply the classification-
(i) DS1 to all inland freshwaters;
(ii) DS2 to all coastal waters and relevant territorial waters;
(iii) DS3 to all relevant territorial waters, coastal waters and
inland freshwaters;
(iv) DS4 to all inland freshwaters;
(v) DS5 to all coastal waters and relevant territorial waters;
(vi) DS6 to all inland freshwaters;
(vii) DS7 to all coastal waters and relevant territorial waters;
and
(b) in relation to the establishment of water quality objectives
in pursuance of that duty, subsections (3) to (7) of that section were
omitted.
Revocations
6. The Pollution of Waters by Dangerous Substances Regulations (Northern
Ireland) 1990[5]
and the Pollution of Waters by Dangerous Substances (Amendment) Regulations
(Northern Ireland) 1992[6]
are hereby revoked.
Sealed with the Official Seal of the Department of the Environment
on
L.S.
R. W. Rogers
Assistant Secretary
16th November 1998.
SCHEDULE 1
regulations 3(1) and 4(4)
Criteria for Classification DS1
The criteria for the classification DS1 are that the annual mean
concentration of each substance listed in column (1) of Table 1 in samples
taken from the sampling point for the waters in question in accordance
with regulation 4 does not exceed the relevant limit specified in column
(2) of that Table.
TABLE 1
| (1) |
(2) |
(3) |
| Substance |
Concentration in microgrammes per litre (annual mean) |
Reference method of measurement |
| Aldrin
Dieldrin
Endrin
Isodrin
|
0.01
0.01
0.005
0.005
|
Gas chromatography with electron capture detection after extraction
by means of an appropriate solvent with a limit of determination of 2.5
ng/1(1). |
| Cadmium and its compounds |
5 (total cadmium: both soluble and insoluble forms) |
Atomic absorption spectrophotometry after preservation and suitable
treatment of the sample. The limit of determination is .25 µg/litre(2). |
| Carbon tetrachloride |
12 |
Gas chromatography. The limit of determination is 0.1 µg/litre(1). |
| Chloroform |
12 |
Gas chromatography. The limit of determination is 0.1 µg/1itre(1). |
| DDT (all isomers) |
0.025 |
Gas chromatography with electron capture detection after extraction
by means of a suitable solvent. The limit of determination for total DDT
is approximately 4 ng/l, depending on the number of extraneous substances
present in the sample(1). |
| para-para-DDT |
0.01 |
Gas chromatography with electron capture detection after extraction
by means of a suitable solvent. The limit of determination for total DDT
is approximately 4 ng/l, depending on the number of extraneous substances
present in the sample(1). |
| Hexachlorobenzene |
0.03 |
Gas chromatography with electron capture after extraction by means
of an appropriate solvent. The limit of determination shall be within the
range 1 to 10 ng/1 depending on the number of extraneous substances present
in the sample(1). |
| Hexachlorobutadiene |
0.1 |
Gas chromatography with electron capture detection after extraction
by means of an appropriate solvent. The limit of determination shall be
within the range 1 to 10 ng/1, depending on the number of extraneous substances
present in the sample(1). |
| Hexachlorocyclohexane (all isomers) |
0.1 |
Gas chromatography with electron capture detection after extraction
by means of an appropriate solvent. The limit of determination shall be
within the range 1 to 10 ng/1 depending on the number of extraneous substances
present in the sample(1). |
| Mercury and its compounds |
1 (total mercury: both soluble and insoluble forms) |
Flameless atomic absorption spectrophotometry after suitable pre-treatment
of the sample which takes account in particular of pre-oxidation of the
mercury and of successive reduction of the mercury ions Hg(II). The limit
of detection must be 0.1 µg/litre(2). |
| Pentachlorophenol and its compounds |
2 |
High pressure liquid chromatography or gas chromatography with electron
capture detection after extraction by means of a suitable solvent. The
limit of determination is 0.1 µg/litre(1). |
(1)The accuracy and precision of the method must be plus or minus
50% at a concentration which represents twice the value of the limit of
determination.
(2)The accuracy and precision of the method must be plus or minus
30%.
SCHEDULE 2
regulations 3(2) and 4(4)
Criteria for Classification DS2
The criteria for the classification DS2 are that the annual mean
concentration of each substance listed in column (1) of Table 2 in samples
taken from the sampling point for the waters in question in accordance
with regulation 4 does not exceed the relevant limit specified in column
(2) of that Table.
TABLE 2
| (1) |
(2) |
(3) |
| Substance |
Concentration in microgrammes per litre (annual mean) |
Reference method of measurement |
| Aldrin
Dieldrin
Endrin
Isodrin
|
0.01
0.01
0.005
0.005
|
Gas chromatography with electron capture detection after extraction
by means of an appropriate solvent with a limit of determination of 2.5
ng/1(1). |
| Cadmium and its compounds |
2.5 (dissolved cadmium) |
Atomic absorption spectrophotometry after preservation and suitable
treatment of the sample. The limit of determination is .25 µg/litre(2). |
| Carbon tetrachloride |
12 |
Gas chromatography. The limit of determination is 0.1 µg/litre(1). |
| Chloroform |
12 |
Gas chromatography. The limit of determination is 0.1 µg/litre(1). |
| DDT (all isomers) |
0.025 |
Gas chromatography with electron capture detection after extraction
by means of a suitable solvent. The limit of determination for total DDT
is approximately 4 ng/l, depending on the number of extraneous substances
present in the sample(1). |
| para-para-DDT |
0.01 |
Gas chromatography with electron capture detection after extraction
by means of a suitable solvent. The limit of determination for total DDT
is approximately 4 ng/l, depending on the number of extraneous substances
present in the sample(1). |
| Hexachlorobenzene |
0.03 |
Gas chromatography with electron capture after extraction by means
of an appropriate solvent. The limit of determination shall be within the
range 1 to 10 ng/1 depending on the number of extraneous substances present
in the sample(1). |
| Hexachlorobutadiene |
0.1 |
Gas chromatography with electron capture detection after extraction
by means of an appropriate solvent. The limit of determination shall be
within the range 1 to 10 ng/1, depending on the number of extraneous substances
present in the sample(1). |
| Hexachlorocyclohexane (all isomers) |
0.02 |
Gas chromatography with electron capture detection after extraction
by means of an appropriate solvent. The limit of determination shall be
within the range 1 to 10 ng/1 depending on the number of extraneous substances
present in the sample(1). |
| Mercury and its compounds |
0.3 (dissolved mercury) |
Flameless atomic absorption spectrophotometry after suitable pre-treatment
of the sample which takes account in particular of pre-oxidation of the
mercury and of successive reduction of the mercury ions Hg(II). The limit
of detection must be .03 µg/litre(2). |
| Pentachlorophenol and its compounds |
2 |
High pressure liquid chromatography or gas chromatography with electron
capture detection after extraction by means of a suitable solvent. The
limit of determination is 0.1 µg/litre(1). |
(1)The accuracy and precision of the method must be plus or minus
50% at a concentration which represents twice the value of the limit of
determination.
(2)The accuracy and precision of the method must be plus or minus
30%.
SCHEDULE 3
regulations 3(3) and 4(4)
Criteria for Classification DS3
The criteria for the classification DS3 are that the annual mean
concentration of each substance listed in column (1) of Table 3 in samples
taken from the sampling point for the waters in question in accordance
with regulation 4 does not exceed the relevant limit specified in column
(2) of that Table.
TABLE 3
| (1) |
(2) |
(3) |
| Substance |
Concentration in microgrammes per litre (annual mean) |
Reference method of measurement |
| 1,2-Dichloroethane |
10 |
Gas chromatography with electron capture detection after extraction
by means of an appropriate solvent or gas chromatography following isolation
by means of the "purge and trap" process and trapping by using a cryogenically
cooled capillary trap. The limit of determination is 1 µg/litre.
(see Note) |
| Trichloroethylene
Perchloroethylene
|
10
10
|
Gas chromatography with electron capture detection after extraction
by means of an appropriate solvent. The limit of determination is 0.1 µg/litre.
(see Note) |
| Trichlorobenzene |
0.4 (but there must be no significant increase over time in the concentration
of trichlorobenzene in sediments and/or molluscs and/or shellfish and/or
fish) |
Gas chromatography with electron capture detection after extraction
by means of an appropriate solvent or, when used to determine the concentration
in sediments and organisms, after appropriate preparation of the sample.
The limit of determination for each isomer separately is 10 ng/1 for the
water environment and 1 µg/kg of dry matter for sediments and organisms.
(see Note) |
NoteThe accuracy and precision of the method must be plus
or minus 50% at a concentration which represents twice the value of the
limit of determination.
SCHEDULE 4
regulation 3(4)
Criteria for Classification DS4
1. Subject to paragraph 2, the criteria
for the classification DS4 are that -
(a) the annual mean concentration of each substance listed
in column (1) of Table 4 in samples taken from the sampling point for the
waters in question in accordance with regulation 4 does not exceed the
relevant limit shown in column (2) of that Table; and
(b) the concentration of each substance listed in column (1)
of Table 5 in each sample so taken does not exceed the relevant limit shown
in column (2) of that Table.
2. Where samples are taken in accordance with
regulation 4 from more than one sampling point in relation to the waters
in question, the criterion in paragraph 1(a) shall be satisfied
in relation to the samples from each sampling point.
TABLE 4
| (1) |
(2) |
| Substance |
Limit (in microgrammes per litre) (annual mean) |
| Arsenic |
50 |
| Atrazine and Simazine |
2 (for the two substances in total) |
| Azinphos-methyl |
0.01 |
| Dichlorvos |
0.001 |
| Endosulphan |
0.003 |
| Fenitrothion |
0.01 |
| Malathion |
0.01 |
| Trifluralin |
0.1 |
TABLE 5
| (1) |
(2) |
| Substance |
Limit (in microgrammes per litre) |
| Triphenyltin and its derivatives |
0.02 |
| Tributyltin |
0.02 |
SCHEDULE 5
regulation 3(5)
Criteria for Classification DS5
1. Subject to paragraph 2, the criteria
for the classification DS5 are that -
(a) the annual mean concentration of each substance listed
in column (1) of Table 6 in samples taken from the sampling point for the
waters in question in accordance with regulation 4 does not exceed the
relevant limit shown in column (2) of that Table; and
(b) subject to paragraph 3, the concentration of each substance
listed in column (1) of Table 7 in each sample so taken does not exceed
the relevant limit shown in column (2) of that Table.
2. Where samples are taken in accordance with
regulation 4 from more than one sampling point in relation to the waters
in question, the criterion in paragraph 1(a) shall be satisfied
in relation to the samples from each sampling point.
3. In relation to dichlorvos used as a treatment
for sea-lice infestation, compliance with the relevant limit in column
(2) of Table 7 shall be determined by reference only to samples taken as
nearly as may be after 24 hours have elapsed since it was so used.
TABLE 6
| (1) |
(2) |
| Substance |
Limit (in microgrammes per litre) (annual mean) |
| Arsenic |
25 |
| Atrazine and Simazine |
2 (for the two substances in total) |
| Azinphos-methyl |
0.01 |
| Dichlorvos |
0.04 |
| Endosulphan |
0.003 |
| Fenitrothion |
0.01 |
| Malathion |
0.02 |
| Trifluralin |
0.1 |
TABLE 7
| (1) |
(2) |
| Substance |
Limit (in microgrammes per litre) |
| Dichlorvos |
0.6 |
| Tributyltin |
0.002 |
| Triphenyltin and its derivatives |
0.008 |
SCHEDULE 6
regulation 3(6)
Criteria for Classification DS6
1. Subject to paragraph 2, the criteria
for the classification DS6 are that -
(a) the annual mean concentration of each substance listed
in column (1) of Table 8 in samples taken from the sampling point for the
waters in question in accordance with regulation 4 does not exceed the
relevant concentration specified in column (2) of that Table; and
(b) the concentration of mevinphos in each sample so taken
does not exceed 0.02 microgrammes per litre.
2. Where samples are taken in accordance with
regulation 4 from more than one sampling point in relation to the waters
in question, the criterion in paragraph 1(a) shall be satisfied
in relation to the samples from each sampling point.
TABLE 8
| (1) |
(2) |
| Substance |
Annual mean concentration in microgrammes per litre |
| 4-Chloro-3-methyl-phenol |
40 |
| 2-Chlorophenol |
50 |
| 2,4-Dichlorophenol |
20 |
| 2,4-D (ester) |
1 |
| (non-ester) |
40 |
| 1,1,1-Trichloroethane |
100 |
| 1,1,2-Trichloroethane |
400 |
| Bentazone |
500 |
| Benzene |
30 |
| Biphenyl |
25 |
| Chloronitrotoluenes |
10 |
| Demeton |
0.5 |
| Dimethoate |
1 |
| Linuron |
2 |
| Mecoprop |
20 |
| Naphthalene |
10 |
| Omethoate |
0.01 |
| Toluene |
50 |
| Triazaphos |
0.005 |
| Xylene |
30 |
SCHEDULE 7
regulation 3(7)
Criteria for Classification DS7
1. Subject to paragraph 2, the criteria
for the classification DS7 are that the annual mean concentration of each
substance listed in column (1) of Table 9 in samples taken from the sampling
point for the waters in question in accordance with regulation 4 does not
exceed the relevant limit shown in column (2) of that Table.
2. Where samples are taken in accordance
with regulation 4 from more than one sampling point in relation to the
waters in question, the criterion in paragraph 1 shall be satisfied in
relation to the samples from each sampling point.
TABLE 9
| (1) |
(2) |
| Substance |
Limit (in microgrammes per litre) (annual mean) |
| 4-Chloro-3-methyl-phenol |
40 |
| 2-Chlorophenol |
50 |
| 2,4-Dichlorophenol |
20 |
| 2,4-D (ester) |
1 |
| (non-ester) |
40 |
| 1,1,1-Trichloroethane |
100 |
| 1,1,2-Trichloroethane |
300 |
| Bentazone |
500 |
| Benzene |
30 |
| Biphenyl |
25 |
| Chloronitrotoluenes |
10 |
| Demeton |
0.5 |
| Dimethoate |
1 |
| Linuron |
2 |
| Mecoprop |
20 |
| Naphthalene |
5 |
| Toluene |
40 |
| Triazaphos |
0.005 |
| Xylene |
30 |
EXPLANATORY NOTE
(This note is not part of the Regulations.)
These Regulations prescribe a system of classifying the quality of
inland freshwaters, coastal waters and relevant territorial waters (as
defined in regulation 2).
Regulation 3 and Schedules 1 to 7 create a system for classifying
waters according to the presence in them of concentrations of the dangerous
substances listed in the Schedules.
Sampling requirements are prescribed in regulation 4.
Regulation 5, by modifying section 4C of the Water Act (Northern
Ireland) 1972, requires (and enables) the Department of the Environment
to establish water quality objectives for those dangerous substances by
applying the classifications prescribed in the Regulations. The Regulations,
in requiring the establishment of water quality objectives for the dangerous
substances listed in the Schedules, fulfil the requirements of Articles
3 and 7 of Council Directive 76/464/EEC in relation to the families and
groups of substances within List I and List II respectively of that Directive.
Regulation 6 revokes the Pollution of Waters by Dangerous Substances
Regulations (Northern Ireland) 1990 and the Pollution of Waters by Dangerous
Substances (Amendment) Regulations (Northern Ireland) 1992, which formerly
imposed controls on discharges of substances within List I of that Directive.
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.
16back
[2] S.R. & O. (N.I.) 1973 No. 504 Art. 4back
[3] S.I. 1973/70 (N.I. 2) as amended by S.I. 1993/3165 (N.I. 16)
Art. 12back
[4] As inserted by S.I. 1993/3165 (N.I. 16) Art. 16back
[5] S.R. 1990 No. 38back
[6] S.R. 1992 No. 401back
ISBN 0 337 93313 8
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