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Management of Bathing Water Quality Regulations, 2008

26 Articles / Provisions · Malta
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Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

L.N. 125 of 2008

PUBLIC HEALTH ACT

(CAP. 465)

Management of Bathing Water Quality Regulations, 2008

IN exercise of the powers conferred by article 26(d) of the Public

Health Act, the Minister for Social Policy has made the following

regulations>-

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

(1) These regulations may be cited as the Management of

commencement and

Bathing Water Quality Regulations, 2008.

(2) These regulations shall come into force on such date as

the Minister responsible for Health may by notice in the Gazette appoint

and different dates may be so appointed for different provisions and

different purposes of these regulations.

(3) The purpose of these regulations is to preserve, protect

and improve the quality of the environment and to protect human health

by implementing Directive 2000#60#EC of the European Parliament and

of the Council and to transpose the provisions of Directive 2006#7#EC

of the European Parliament and of the Council.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

For inland waters

A

B

C

Excellent

Good

Parameter

quality

quality

Intestinal enterococci

200 (*)

400 (*)

(cfu/100 ml)

Escherichia coli (cfu/100

500 (*)

1,000 (*)

ml)

(*) Based upon a 95-percentile evaluation. See Schedule II.

(**) Based upon a 90-percentile evaluation. See Schedule II.

For coastal waters and transitional waters

A

B

C

Excellent

Good

Parameter

quality

quality

Intestinal enterococci

100 (*)

200 (*)

(cfu/100 ml)

Escherichia coli (cfu/100

250 (*)

500 (*)

ml)

(*) Based upon a 95-percentile evaluation. See Schedule II.

(**) Based upon a 90-percentile evaluation. See Schedule II.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

(1) These regulations lay down provisions for>

(a)

the monitoring and classification of bathing water

quality<

(b) the management of bathing water quality< and

(c) the provision of information to the public on bathing

water quality.

(2) These regulations shall apply to any element of surface

water where the Superintendent expects a large number of people to

bathe and where he has not imposed a permanent bathing prohibition,

or issued permanent advice against bathing.

(3) These regulations shall not apply to>-

(a)

swimming pools and spa pools<

(b) confined waters subject to treatment or used for

therapeutic purposes<

(c) artificially created confined water separated from surface

water and groundwater.

In these regulations, unless the context otherwise Definitions.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

Bathing water assessment and classification

1. Poor quality

Bathing waters are to be classified as ‘poor’ if, in the set of bathing water quality data

for the last assessment period ( a ), the percentile values ( b ) for microbiological

enumerations are worse ( c ) than the ‘sufficient’ values set out in Schedule I, column D.

2. Sufficient quality

Bathing waters are to be classified as ‘sufficient’

1. if, in the set of bathing water quality data for the last assessment period, the

percentile values for microbiological enumerations are equal to or better ( d ) than

the ‘sufficient’ values set out in Schedule I, column D; and

2. if the bathing water is subject to short-term pollution, on condition that

(i) adequate management measures are to being taken, including surveillance,

early warning systems and monitoring, with a view to preventing bathers’

exposure by means of a warning or, where necessary, a bathing prohibition;

(ii) adequate management measures are being taken to prevent, reduce or eliminate

the causes of pollution; and

(iii) the number of samples disregarded in accordance with regulation 4(6) because

of short-term pollution during the last period represented no more than 15% of

the total number of samples provided for in the monitoring calendars

established for that period, or no more than one sample per bathing season,

whichever is the greater.

3. Good quality

Bathing waters are to be classified as ‘good’

1. if, in the set of bathing water quality data for the last assessment period, the

percentile values for microbiological enumerations are equal to or better ( d ) than the

‘good quality’ values set in Schedule I, column C; and

2. if the bathing water is subject to short-term pollution, on condition that

(i) adequate management measures are being taken, including surveillance, early

warning systems and monitoring, with a view to preventing bathers’ exposure,

by means of a warning or, where necessary, a bathing prohibition;

B

(ii) adequate management measures are being taken to prevent, reduce or eliminate

the causes of pollution; and

(iii) the number of samples disregarded in accordance with regulation 4(6) because

of short-term pollution during the last period represented no more than 15% of

the total number of samples provided for in the monitoring calendars

established for that period, or no more than one sample per bathing season,

whichever is the greater.

4. Excellent quality

Bathing waters are to be classified as ‘excellent’

1. if, in the set of bathing water quality data for the last assessment period, the

percentile values for microbiological enumerations are equal to or better than the

‘excellent quality’ values set out in Schedule I, column B: and

2. if the bathing water is subject to short-term pollution, on condition that

(i) adequate management measures are being taken, including surveillance, early

warning systems and monitoring, with a view to preventing bathers’ exposure,

by means of a warning or, where necessary, a bathing prohibition;

(ii) adequate management measures are being taken to prevent, reduce or eliminate

the causes of pollution; and

(iii) the number of samples disregarded in accordance with regulation 4(6) because

of short-term pollution during the last period represented no more than 15% of

the total number of samples provided for in the monitoring calendars

established for that period, or no more than one sample per bathing season,

whichever is the greater.

‘Last assessment period’ means the last four bathing seasons or, when applicable, the period specified

in Regulation 5(2) or (4).

Based upon percentile evaluation of the log 10 normal probability density function of microbiological

data acquired from the particular bathing water, the percentile value is derived as follows

(i) Take the log 10 value of all bacterial enumerations in the data sequence to be evaluated. (if a zero

value is obtained, take the log 10 value of the minimum detection limit of the analytical method

used instead.)

(ii) Calculate the arithmetic mean of the log 10 value (µ).

(iii) Calculate the standard deviation of the log 10 values (σ).

The upper 90-percentile point of the data probability density function is derived from the following

equation

upper 90-percentile = antilog (µ + 1,282σ).

The upper 95-percentile point of the data probability density function is derived from the following

equation

B

upper 95-percentile = antilog (µ + 1,65σ).

‘Worse’ means with higher concentration values expressed in cfu/100 ml.

‘Better’ means with lower concentration values expressed in cfu/100 ml.

B

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

(1)

requires>-

“abnormal situation” means an event or combination of events

impacting on bathing water at the location concerned and not

expected to occur on average more than once every four years<

“authorised officer” includes environmental health officer,

or any person engaged by, detailed for duty with, or in any manner

whatsoever performing duties for or on behalf of the

Superintendent<

“bathing season” means the period during which a large

number of bathers can be expected<

“bathing water” means surface water where the

Superintendent expects a large number of people to bathe and where

he has not imposed a permanent bathing prohibition, or issued

permanent advice against bathing<

“bathing water quality assessment” means the process of

evaluating bathing water quality, using the assessment method

defined in Schedule II hereof<

“cyanobacterial proliferation” means an accumulation of

cyanobacteria in the form of a bloom, mat or scum<

“large number” means, in relation to bathers, a number that

the Superintendent considers to be large having regard, in particular,

to past trends or to any infrastructure or facilities provided, or other

measures taken, to promote bathing<

“management measures” means any of the following>

(a)

establishing and maintaining a bathing water

profile<

(b) establishing a monitoring calendar<

(c)

monitoring bathing water<

(d) assessing bathing water quality<

(e)

classifying bathing water<

(f) identifying and assessing causes of pollution that

might affect bathing waters and impair bathers’ health<

(g) giving information to the public<

(h) taking action to prevent bathers’ exposure to

pollution<

(i) taking action to reduce the risk of pollution<

“permanent” means, in relation to bathing prohibition or

advice against bathing, lasting for at least one whole bathing season<

“pollution” means the presence of microbiological

contamination or other organisms or waste affecting bathing water

quality and presenting a risk to bathers’ health as referred to in

regulations 13 and 14 and Schedule I, column A<

“set of bathing water quality data” means data obtained in

accordance with regulation 4<

“short-term pollution” means microbiological contamination

as referred to in Schedule I, column A, that has clearly identified

causes, is not normally expected to affect bathing water quality

for more than approximately 72 hours after the bathing water

quality is first affected and for which the Superintendent has

established procedures to predict and deal with as set out in

regulations 7 and 8 and in Schedule II<

“the Directive” means Directive 2006#7#EC of the European

Parliament and of the Council of 15 February, 2006 concerning

the management of bathing water quality and repealing Directive

76#160#EEC<

“public concern” has the same meaning as in Council

Directive 85#337#EEC of the 27 th June 1985 on the assessment of

the effects of certain public and private projects on the environment<

“the Superintendent” means the Superintendent of Public

Health<

“surface water”, “groundwater”, “inland water”, “transitional

waters”, “coastal water” and”“river basin” have the same meaning

as in Directive 2000#60#EC.

(2) For the purposes of these regulations, any reference to

Directives of the European Parliament and of the Council, shall be read

and construed as if reference is made to the provisions of the regulations

transposing the provisions of such directive into Maltese law.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

The bathing water profile

1. The bathing water profile referred to in Regulation 7 is to consist of

a.

a description of the physical, geographical and hydrological characteristics of the

bathing water, and of other surface waters in the catchment area of the bathing

water concerned, that could be a source of pollution, which are relevant to the

purpose of these regulations and as provided for in Directive 2000/60/EC;

b.

an identification and assessment of causes of pollution that might affect bathing

waters and impair bathers’ health;

c.

an assessment of the potential for proliferation of cyanobacteria;

d.

an assessment of the potential for proliferation of macro-algae and/or

phytoplankton;

e.

if the assessment under point (b) shows that there is a risk of short-term pollution,

the following information

-

the anticipated nature, frequency and duration of expected short-term

pollution,

-

details of any remaining causes of pollution, including management measures

taken and the time schedule for their elimination,

-

management measures taken during short-term pollution and the identity and

contact details of bodies responsible for taking such action,

f.

the location of the monitoring point.

2. In the case of bathing waters classified as ‘good’, ‘sufficient’ or ‘poor’, the bathing

water profile is to be reviewed regularly to assess whether any of the aspects listed in

paragraph 1 have changed. If necessary, it is to be updated. The frequency and scope

of reviews is to be determined on the basis of the nature and severity of the pollution.

However, they are to comply with at least the provisions and to take place at least at

the frequency specified in the following table.

Bathing water classification

‘Good’

‘Sufficient’

‘Poor’

Review are to take place at least

four years

three years

two years

every

Aspects to be reviewed (points

(a) to (f)

(a) to (f)

(a) to (f)

of paragraph 1)

In the case of bathing waters previously classified as ‘excellent’, the bathing water

profiles need to be reviewed and, if necessary, updated only if the classification

B

changes to ‘good’, ‘sufficient’ or ‘poor’. The review is to cover all aspects mentioned

in paragraph 1.

3. In the event of significant construction works or significant changes in the

infrastructure in or in the vicinity of the bathing water, the bathing water profile is to

be updated before the start of the next bathing season.

4. The information referred to in paragraph 1(a) and (b) is to be provided on a detailed

map whenever practicable.

5. Other relevant information may be attached or included if the Superintendent

considers it appropriate.

B

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

(1) The Superintendent shall before the start of the first

bathing season after 24 th March 2008 annually identify all bathing waters

and define the length of the bathing season.

(2) The Superintendent shall ensure that monitoring of the

parameters set out in Schedule I, column A hereof are in accordance

with Schedule IV hereof.

(3) The monitoring points shall be the location within the

bathing water where>-

(a)

most bathers are expected< or

(b) the greatest risk of pollution is expected, according to

the bathing water profiles.

(4) A monitoring calendar for each bathing water shall be

established before the start of each bathing season and for the first time

before the start of the third full bathing season after entry into force of

these regulations. Monitoring shall take place no later than four days

after the date specified in the monitoring calendar.

(5) (a) The Superintendent may introduce monitoring of

the parameters set out in Schedule I, column A hereof during the first

full bathing season following the entry into force of these regulations.

(b) Such monitoring shall take place at least with the

frequency specified in Schedule IV hereof and the results may be used

to build up the sets of bathing water quality data referred to in regulation

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

Bathing water monitoring

1. One sample is to be taken shortly before the start of each bathing season. Taking

account of this extra sample and subject to paragraph 2, no fewer than four samples

are to be taken and analysed per bathing season.

2. However, only three samples need to be taken and analysed per bathing season in the

case of a bathing water that

a.

either has a bathing season not exceeding eight weeks;

b.

or is situated in a region subject to special geographical constraints.

3. Sampling dates are to be distributed throughout the bathing season, with the interval

between sampling dates never exceeding one month.

4. In the event of short-term pollution, one additional sample is to be taken to confirm

that the incident has ended. This sample is not to be part of the set of bathing water

quality data. If necessary to replace a disregarded sample, an additional sample is to

be taken seven days after the end of the shprt-term pollution.

B

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

(c) When monitoring in virtue of these regulations

commences, monitoring of parameters set out in the Schedule to Quality

of Bathing Water Regulations, 2003 shall cease.

L.N. 380 of 2003.

(6) Samples taken during short-term pollution may be

disregarded and shall be replaced by samples taken in accordance with

Schedule IV hereof.

(7) During abnormal situations, the monitoring calendar

referred to above may be suspended and shall be resumed as soon as

possible after the end of such situations when new samples shall be

taken.

(8) The Superintendent shall report any suspension of the

monitoring calendar to the Commission, giving the reasons for the

suspension and shall provide such reports on the occasion of the next

annual report at the latest.

(9) (a) The Superintendent shall ensure that the analysis

of bathing water quality takes place in accordance with the reference

methods specified in Schedule I hereof and the rules set out in Schedule

V hereof.

(b) The Superintendent may however permit the use

of other methods or rules if they can demonstrate that the results obtained

are equivalent to those obtained using the methods specified in the said

Schedules I and V.

(c) If the alternative methods or rules referred to in

paragraph (b) hereof are used, then the Superintendent shall provide

the Commission with all relevant information about the methods or

rules used and their equivalence.

5. (1) The Superintendent shall ensure that sets of bathing water

quality data are complied with through the monitoring of the parameters

set out in Schedule I, column A hereof.

(2) Bathing water quality assessment shall be carried out>

(a)

in relation to each bathing water<

(b) after the end of each bathing season<

(c) on the basis of the set of bathing water quality data

compiled in relation to that bathing season and the three preceding

bathing seasons< and

(d) in accordance with the procedure set out in Schedule II

hereof.

(3) However, the Superintendent may decide to carry out

bathing water quality assessments on the basis of the set of bathing

water quality data complied in relation to the preceding three bathing

seasons only. If the Superintendent so decides, he shall notify the

Commission beforehand. The Superintendent shall also notify the

Commission if he subsequently decides to revert to carrying out

assessments on the basis of four bathing seasons. The Superintendent

may not change the applicable assessment period more than once every

five years.

(4) Sets of bathing water data used to carry out bathing water

quality assessments shall always comprise at least 16 samples or, 12

samples in the special circumstances referred to in paragraph 2 of

Schedule IV hereof.

(5) However, either the requirement of the preceding sub

regulation shall be satisfied, or in the case of bathing waters with a

bathing season not exceeding eight weeks, the set of bathing water data

used to carry out the assessment shall comprise at least eight samples.

A bathing water quality assessment may be carried out on the basis of a

set of bathing water quality data relating to fewer than four bathing

seasons if>-

(a)

the bathing water is newly identified<

(b) any changes have occurred that are likely to affect the

classification of the bathing water in accordance with regulation

6, in which case the assessment shall be carried out on the basis of

a set of bathing water quality data consisting solely of the results

for samples collected since the changes occurred< or

(c) the bathing water had already been assessed in

accordance with Directive 76#160#EEC, in which case equivalent

data gathered under that Directive shall be used and, for this

purpose, parameters 2 and 3 of the Annex to Directive 76#160#EEC

shall be deemed to be equivalent to parameters 2 and 1 of column

A of Schedule I hereof.

(6) The Superintendent may subdivide or group together

existing bathing waters in the light of bathing water quality assessments

only if these waters>

(a)

are contiguous<

(b) received similar assessments for the preceding four years

in accordance with paragraphs 2, 3 and 4(c) of Schedule IV hereof<

and

(c) have bathing water profiles all of which identify common

risk factors or the absence thereof.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

Rules on the handling of samples for microbiological analyses

1. Sampling point

Where possible, samples are to be taken 30 centimetres below the water’s surface and

in water that is at least one metre deep.

2. Sterilisation of sample bottles

Sample bottles are

to undergo sterilisation in an autoclave for at least 15 minutes at 121 o C, or

-

to undergo dry sterilisation at between 160 o C and 170 o C for at least one hour, or

-

-

to be irradiated in sample containers obtained directly from manufacturer.

3. Sampling

The volume of the sampling bottle/container is to depend on the quantity of water

needed for each parameter to be tested. The minimum content is generally 250ml.

Sample containers are to be of transparent and non-coloured material (glass, polythene

or polypropylene).

In order to prevent accidental contamination of the sample, the sampler is to employ

an aseptic technique to maintain the sterility of the sample bottles. There is no further

need for sterile equipment (such as sterile surgical gloves or tongs or sample pole) if

this is done properly.

4. Storage and transport of samples before analysis

Water samples are to be protected at all stages of transport from exposure to light, in

particular direct sunlight.

The sample is to be conserved at a temperature of around 4 o C, in a cool box or

refrigerator (depending on climate) until arrival at the laboratory. If the transport to

the laboratory is likely to take more than four hours, then transport in a refrigerator is

required.

The time between sampling and analysis is to be kept as short as possible. It is

recommended that samples be analysed on the same working day. If this is not

possible for practical reasons, then the samples shall be processed within no more than

o

24 hours. In the meantime,

they tal-Gvern

shall — be

stored

in the dark

Printing and

Press at a temperature of 4 C

Mitbug[ fl-Istamperija

Printed

at the Government

± 3 o C.

€1.86 (Lm0.80)

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

(1) The Superintendent shall classify bathing water, in Classification and

accordance with the criteria set out in Schedule II of the Directive, as> quality

bathing waters.

(a) ‘poor’<

(b) ‘sufficient’<

(c)

‘good’< or

(d) ‘excellent’.

(2) The first classification in virtue of these regulations shall

be completed by the end of the 2015 bathing season.

(3) The Superintendent shall ensure that, by the end of 2015

bathing season, all bathing waters are at least ‘sufficient’ and shall adopt

those measures deemed appropriate to increase the quantity of bathing

waters classified as ‘excellent’ or ‘good’.

(4) (1) In those cases where bathing waters are temporarily

classified as ‘poor’, the Superintendent shall ensure that the following

conditions taken with effect from the bathing season that follows its

classification are satisfied>

(a) adequate management measures, including a bathing

prohibition or advice against bathing, with a view to preventing

bathers’ exposure to pollution<

(b) identification of the causes and reasons for the failure

to achieve ‘sufficient’ quality status<

(c) adequate measures to prevent, reduce or eliminate the

causes of pollution< and

(d) alerting the public by a clear and simple warning sign

and informing them of the causes of the pollution and measures

taken, on the basis of the bathing water profile.

(2) If a bathing water is classified as ‘poor’ for five

consecutive years, a permanent bathing prohibition or permanent advice

against bathing shall be introduced.

(3) However, the Superintendent may introduce a

permanent bathing prohibition or permanent advice against bathing

before the end of five-year period if he considers that the achievement

of ‘sufficient’ quality would not be feasible or would be

disproportionately expensive.’

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

The Superintendent shall temporarily close a particular bathing

area or part thereof when>

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

a discharge or probable discharge of substances likely to deteriorate

the quality of the bathing water>

Provided that the Superintendent shall after the discharge is

eliminated, collect samples for analysis of any parameter he deems

(b) additional sampling results reveal that there is

deterioration in the water quality<

(c) samples analysed for Intestinal enterococci counts result

in more than 500 cfu#100 ml and the result is confirmed by repeat

sample<

(d) samples analysed for Escherichia coli counts result in

more than 1000 cfu#100 ml and is confirmed by repeat sample.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

The Superintendent shall withdraw the temporarily closure of Withdrawal of

temporary closure.

a particular bathing area or part thereof when>

(a) at least three consecutive sample results collected daily

indicate that Intestinal enterococci counts are less than 500 cfu#100

ml, and#or the Escherichia coli counts are less than 1000 cfu#100

ml<

(b) when the Superintendent determines that the water

quality is within the acceptable level>

Provided that the Superintendent shall inform the public of

any such withdrawal.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

(1) The Superintendent shall put up and maintain warning Temporary closure

notices at those bathing areas temporarily closed and shall additionally signs.

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 Superintendent, 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, “private beach” shall

include any beach concession.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

No person shall remove, alter, temper or otherwise damage Warning notices.

in any way, any warning notice put up by the Superintendent.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

(1) (a) The Superintendent shall ensure that bathing water Bathing water

profiles.

profiles are established in accordance with Schedule III hereof.

(b) Each bathing water profile may cover a single

bathing water or more than one contiguous bathing waters.

(c) Bathing water profiles shall be established for the

first time by 24 th March 2011.

(2) Bathing water profiles shall be reviewed and updated

as provided for in Schedule III hereof.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

The Superintendent shall ensure that timely and adequate Management

management measures are taken when unexpected situations that have, measures

exceptional

or could reasonably be expected to have, an adverse impact on bathing circumstances.

water quality and on bathers’ health, occur. Such measures shall include

information to the public and, if necessary, a temporary bathing

prohibition as referred to in the previous regulations.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

(1) When the bathing water profile indicates a potential

for cyanobacterial proliferation, appropriate monitoring shall be carried

out to enable timely identification of health risks.

(2) When cyanobacterial proliferation occurs and health risk

has been identified or presumed, adequate management measures

including information to the public shall be taken immediately to prevent

exposure.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

(1) When the bathing water profile indicates a tendency

for proliferation of macro-algae and, or marine phytoplankton,

investigations shall be undertaken to determine the presence of any health

risks and adequate management measures shall be implemented.

(2) Bathing waters shall be inspected visually for pollution

and when such pollution is found, adequate management measures shall

be taken, including, if necessary, information to the public.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

The Superintendent shall whilst encouraging public

participation in the implementation of these regulations take due account

of any information obtained.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

(1) The following shall be actively disseminated and

promptly made available during the bathing season in an easily

accessible place in the near vicinity of each bathing water>-

(a) the current bathing water classification and any bathing

prohibition or advice against bathing referred to in this regulation

by means of a clear and simple sign or symbol<

(b) a general description of the bathing water, in non-

technical language, based on the bathing water profile established

in accordance with Schedule III hereof<

(c) in the case of bathing waters subject to short-term

pollution>-

(i) notification that the bathing water is subject to short-

term pollution<

(ii) an indication of the number of days on which

bathing is prohibited or advised against during the preceding

bathing season because of such pollution< and

(iii) a warning whenever such pollution is predicted

or present<

(d) information on the nature and expected duration of

abnormal situations during such events<

(e) whenever bathing is prohibited or advised against, a

notice advising the public and giving reasons<

(f) whenever a permanent bathing prohibition or permanent

advice against bathing is introduced, the fact that the area concerned

is no longer a bathing water and reasons for its declassification<

and

(g) an indication of sources of more complete information

in accordance with the following sub-regulation.

(2) The following shall be actively disseminated by the

media in several languages when appropriate>-

(a) a list of bathing waters available yearly before the start

of the bathing season<

(b) the classification of each bathing water over the last three

years and its bathing water profile, including the results of

monitoring carried out in accordance with these regulations since

the last classification<

(c) in the case of bathing waters classified as being ‘poor’,

information on the causes of pollution and measures taken with a

view to preventing bathers’ exposure to pollution and to tackle its

causes as referred to in regulation 6(4)< and

(d) (i) in the case of bathing waters subject to short-term

pollution, general information on the conditions likely to lead to

short-term pollution, the likelihood of such pollution and its likely

duration and the causes of the pollution and measures taken with a

view to preventing bathers’ exposure to pollution and to tackle its

causes.

(ii) The aforementioned information shall be available

each year before the start of the bathing season and the results of

monitoring shall be made available on the internet upon completion

of the analysis and with effect from the start of the fifth bathing

season after 24 th March 2008.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

(1) The Superintendent shall appoint a Committee, to be Bathing Water

known as the Bathing Water Quality Management Committee, which Quality

Management

shall be made up of stakeholders so identified by the Superintendent to Committee.

form part of this Committee.

(2) This Committee shall be chaired by the Superintendent

or his appointed representative.

(3) The main functions of this Committee shall be to foresee

the requirements of the directive for the implementation of bathing water

quality management as required by the Directive.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

(1) No person shall collect, transport or otherwise make

use of seawater for any type of recreational facilities, when such water

derives from any site in respect of which bathing is not recommended

by the Superintendent.

(2) When any person, company or entity due to its actions

is found to be discharging any foul water, sewage or any other material

and, or any substance within a bathing area which may have an impact

on the bathing water quality, shall be found guilty of an offence under

these regulations and the court, besides awarding punishment, shall order

the accused to pay the due fees for any costs suffered by the

Superintendent and to order any person, company or entity to rectify

any damage caused at its own expense.

(3) (a) In those cases where any person, company or entity

fails to carryout the works ordered by court and the Superintendent

deems a serious risk to bathers, then the Superintendent may order that

the said works be carried out at the expense of such person, company or

entity.

(b) The aforementioned expenses shall be deemed a

civil debt.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

(1) No animals may be taken into the sea at any time within

those areas indicated by the Superintendent as being bathing areas under

the provisions of these regulations.

(2) Domestic pets such as dogs are not to be taken on sandy

beaches at any time, however these may be taken on rocky beaches and

the owner of such pets should not cause any nuisance to other bathers

and to clean any fouling made by their pets.

Malta Government Gazette — Legal Notice 2008 125 — Management of Bathing Water Quality Regulations, 2008

The Bathing of Animals Regulations, 1960 are hereby being

1960. revoked.

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