Quality of Bathing Water Regulations, 2003

L.N. 380 of 2003

PUBLIC HEALTH ACT, 2003

(ACT NO. XIII OF 2003)

Quality of Bathing Water Regulations, 2003

IN exercise of the powers conferred by article 26 of the Public

Health Act, 2003, the Minister of Health has made the following

regulations>-

(1) The title of these regulations is the Quality of Bathing Water Citations and

commencement.

Regulations, 2003.

(2) These regulations shall come into force on the

(1) These regulations regulate the quality of bathing water Objective.

intended for recreational use by the public along the Maltese coastline.

(2) These regulations shall not apply to>-

(a) water intended for therapeutic purposes<

(b) water used in swimming pools.

In these regulations, unless the context otherwise requires>-

Definitions.

“bathing season” means the period running from the third

week in May till the third week in October of each year<

“competent authority” means the Superintendent of Public

Health.

The physical, chemical and microbiological parameters Applicable

applicable to bathing water are indicated in the Schedule to these parameters.

regulations>

Provided that the competent authority may set specific values

and parameters for all or specific bathing areas>

Provided further that such values may not be less stringent

than those in column I of the Schedule.

For the purpose of these regulations, bathing water shall be

deemed to conform to the relevant parameters>

if samples of the water, taken at the sampling point and at the

intervals specified in the Schedule, show that it conforms to the

parametric values for the quality of the water concerned, in the

case of>-

- 95% of the samples for parameters corresponding to

those specified in column I of the Schedule<

- 90% of the samples in all other cases with the exception

of the ëtotal coliformí and ëfaecal coliformí parameters where

the percentage may be 80%,

and if, in the case of the 5, 10 or 20% of the samples which

do not comply>-

- the water does not deviate from the parametric values

in question by more than 50%, except for microbiological

parameters, pH and dissolved oxygen<

- consecutive water samples taken at statistically suitable

intervals do not deviate from the relevant parametric values.

Deviations from the values referred to in regulation 4 shall

not be taken into consideration in the calculation of the percentage

referred to in regulation 5 when they are results of floods, other natural

disasters or abnormal weather conditions.

(1) The competent authority shall carry out a sampling

programme, the minimum frequency of which is laid down in the

Schedule.

(2) Samples should be taken by an authorised officer at places

where the daily average density of bathers is highest.

(3) Samples should preferable be taken 30 cm below the

surface of the water except for mineral oil samples which shall be taken

at surface level.

(4) Sampling should begin two weeks before the start of the

bathing season.

(1) Local investigations of the ambient conditions should be Investigations

inspections.

carried periodically by an authorised officer in order to obtain

geographical and topographical data and to determine the volume and

nature of all polluting and potentially polluting discharges and their

effects according to the distance from the bathing area.

(2) When inspections by the competent authority or sampling

indicate that there is a discharge or a probable discharge of substances

likely to lower the quality of bathing water, additional sampling must

take place.

(1) Reference methods of analysis for the parameters concerned Methods of

analysis.

as set out in the Schedule.

(2) Laboratories which employ other methods must ensure

that the results obtained are equivalent or comparable to those specified

in the Schedule.

(3) Laboratories which make use of alternative methods of

analysis shall provide the competent authority with all relevant

information concerning such methods and their equivalent for its

approval.

The provisions of this regulation shall not apply for parameters Waiver of

marked (0) in the Schedule due to exceptional weather or geographical regulation.

conditions and when bathing water undergoes natural enrichment>

Provided that “natural enrichment” means the process

whereby, without human intervention, a given body of water receives

from the soil certain substances contained therein.

Provided further that the exceptions provided for in this section

shall not prejudice the requirements essential for public health protection.

The competent authority shall temporarily close a particular Temporary

of bathing areas.

bathing area or part thereof when>

(a) inspections by an authorised officer reveals that there is a

discharge or a probable discharge of substances likely to deteriorate

the quality of the bathing water>

Provided that the competent authority shall after the discharge is

eliminated, collect samples for analysis of any parameter it deems fit<

(b) additional sampling results reveal that there is a

deterioration in water quality<

(c) samples analysed for faecal coliform counts result more

than 1000#100 ml and the result is confirmed by repeat sampling.

The competent authority shall withdraw the temporary closure

of a particular bathing area or part thereof when>-

(a) at least three consecutive sample results collected daily

indicate that faecal coliform counts are less than 1000/100 ml<

(b) when the competent authority determines that the water

quality is within the acceptable level.

Provided that the competent authority shall inform the public of

any such withdrawal.

(1) The competent authority shall put up and maintain warning

notices at those bathing areas temporarily closed and shall additionally

inform the public of any such areas by any means whatsoever>

Provided that in the case of a private beach lying in the vicinity of

an area temporarily closed by the competent authority, it shall be the

responsibility of the person in charge of such beach to affix warning

notices and inform his patrons that bathing is not recommended.

(2) For the purpose of this regulation, ìprivate beachî shall

include any beach concession.

(3) The competent authority shall make available relevant

information on each bathing area when requested.

No person shall remove, alter, temper or otherwise damage in

any way, any warning notice put up by the competent authority.

Any person collecting, transporting or otherwise making

use of seawater for any type of recreational facilities, shall not make

use of seawater deriving from any site in respect of which bathing is

not recommended by the competent authority.

The competent authority shall> -

(a) forthwith notify the European Commission, when it

waives the provisions of these regulations, stating the reasons and

the periods anticipated<

(b) take the measures necessary to ensure that adequate and

up-to-date information on the quality of bathing water is available

to consumers<

(c) without prejudice to other provisions which may be

adopted regarding the freedom of access to information on the

environment, the competent authority shall publish a

comprehensive report on the bathing water quality.

Provided that this report shall be forwarded to the European

Commission for publication as necessary.

S CHEDULE

Q UALITY R EQUIREMENTS FOR B ATHING W ATER

Minimum

Method of analysis and

Parameters

G

I

sampling

inspection

frequency

Microbiological

Total coliforms

/100 ml

Fortnightly Fermentation in multiple tubes.

10,000

Subculturing of the positive

(1)

tubes on a confirmation medium.

Count according to MPN (most

probable number) or membrane

filtration and culture on an

appropriate medium such as

Tergitol lactose agar, endo agar,

0,4 % Teepol broth, subculturing

and identification of the suspect

colonies.

Faecal coliforms

/100 ml

2 000

Fortnightly In the case of 1and 2,the in cubation

(1)

temperature is variable according

to whether total or faecal

coliforms are being investigated.

Faecal streptococci

/100 ml

—

(2)

Litsky method. Count accor ding to

MPN (most probable number) or

filtration on membrane. Culture

on an appropriate medium.

Fermentation in multiple tubes.

Subculturing of the positive

tubes on a confirmation medium.

Count according to MPN (most

probable number) or membrane

filtration and culture on an

appropriate medium such as

Tergitol lactose agar, endo agar,

0,4 % Teepol broth, subculturing

and identification of the suspect

colonies.

Salomonella

Concentration

by

membrane

/1 l

—

(2)

filtration. Inoculation on a standard

medium. Enrichment — subculturing

on isolating agar — identification.

Entero viruses

PFU/10 l

Concentrating

by

filtration

—

(2)

flocculation or centrifuging and

confirmation.

Physico-chemical

pH

—

6 to9(0)

(2)

Electrometry with calibration at

pH 7 and 9

Colour

—

No abnor- Fortnightly Visual inspection or photometry

mal change

(1)

with standards on the Pt.Co

in colour

scale.

(0)

—

—

(2)

Mineral oils

mg/l

—

No film

Fortnightly Visual and olfactory inspection

visible on

(1)

or extraction using an adequate

the surface

volume and weighing the dry

of the water

residue.

and no

odour

± 0,3

—

(2)

Surface-active

mg/l

—

No lasting

Fortnightly Visual inspection or absorption

substances reacting

(lauryl-

foam

(1)

spectrophotometry

with

with methylene blue sulfate)

methylene blue.

± 0,3

—

(2)

Phenols

mg/l

—

No specific Fortnightly Verification of the absence of

C 5 H 5 OH

(phenol indices)

odour

(1)

specific odour due to phenol or

absorption spectrophotometry 4-

aminoantipyrine

(4

AAP)

(2)

± 0,005

±0,005

method.

Transparency

m

1 (0)

Fortnightly Secchi’s disc.

(1)

Dissolved oxygen

80 to 120

---

Winkler’s method or electro-

% saturation O 2

metric method (oxygen meter).

Tarry residues and

Absence

Fortnightly Visual inspection.

floating materials

(1)

such as wood,

plastic articles,

bottles, containers

of glass,

plastic,rubber or

any other substance.

Waste or splinters.

Ammonia

mg/l

(3)

Absorption spectrophotometry,

N H 4

Nessler’s method or indophenol

blue method.

Nitrogen Kjeldahl

mg/l N

(3)

Kjeldahl method.

Other substances regarded as

indications of pollution

Pesticides

mg/l

(2)

Extraction

with

(parathion, HCH,

solvents and chromatographic

diedrin)

determination

Heavy metals such as

—arsenic

mg/l As

(2)

Atomic absorption

—cadmiuim

Cd

preceded by extraction

— chrome VI

Cr VI

Pb

—lead

Hg

—mercury

Cyanides

mg/l

(2)

Absorption

spectrophotometry

Cn

using a specific reagent

Nitrates and

mg/l

(3)

Absorption

spectrophotometry

Phosphates

NO 3

using a specific reagent

P O 4

G= guide

I = mandatory.

(0) Provision exists for exceeding the limits in the event of exceptional geographical or

meteorological conditions.

(1) When a sampling taken in previous years produced results which are appreciably better

than those in this Annex and when no new factor likely to lower the quality of the water

has appeared, the competent authorities may reduce the sampling frequency by factor of

2. (2) Concentration to be checked by the competent authorities when an inspection in the

bathing area shows that the substance may be present or that the quality of the water has

deteriorated.

(3) These parameters must be checked by the competent authorities when there is a tendency

towards the eutrophication of the water.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press