S.I. No. 272/2009 - European Communities Environmental Objectives (Surface Waters) Regulations 2009

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 CaCO

3

), deep (>4m) and large (<50 ha )

Type 7: Moderate alkalinity (20-100 mg/1 CaCO

3

), deep (>4m) and small (< 50 ha )

Type 8: Moderate alkalinity (20-100 mg/1 CaCO

3

), deep (>4m) and large (>50 ha)

Type 11: High alkalinity (>100 mg/1 CaCO

3

), deep (>4m) and small (<50 ha )

Type 12: High alkalinity (>100 mg/1 CaCO

3

), 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 O

2

/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 CaCO

3

/1, Class 2: 40 to < 50 mg CaCO

3

/1, Class 3: 50 to <100 mg CaCO

3

/1, Class 4: 100 to <200 mg CaCO

3

/1 and Class 5: ≥200 mg CaCO

3

/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.

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

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

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

24

th 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