Regulations, 2009

L.N. 108 of 2009

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Protection of Groundwater against Pollution and Deterioration

Regulations, 2009

IN EXERCISE of the powers conferred by Article 28 of the

Malta Resources Authority Act, the Minister for Resources and

Rural Affairs after consultation with the Malta Resources Authority,

has made the following regulations

(1) The title of these regulations is the Protection of

Groundwater against Pollution and Deterioration Regulations,

2009. (2) These regulations shall be deemed to have come

into force on the 16th January, 2009.

(3) The scope of these regulations is to transpose

Directive 2006/118/EC and to establish specific measures in order to

prevent and protect groundwater against pollution and deterioration.

These measures include in particular

(a) criteria for the assessment of good groundwater

chemical status; and

(b) criteria for the identification and reversal of

significant and sustained upward trends and for the definition

of starting points for trend reversals.

(1) Unless otherwise stated in these regulations, the

definitions of the Malta Resources Authority Act shall apply.

(2) In these regulations, unless the context otherwise

“the Act” means the Malta Resources Authority Act;

“the Authority” means the Malta Resources Authority;

“background level” means the concentration of a

substance or the value of an indicator in a body of groundwater

corresponding to no, or only very minor, anthropogenic

alterations to undisturbed conditions;

“baseline level” means the average value measured at

least during the reference years 2007 and 2008 on the basis of

monitoring programmes implemented under the Water Policy

Framework Regulations, 2004 or, in the case of substances

identified after these reference years, during the first period for

which a representative period of monitoring data is available;

“groundwater” means all water which is below the surface

of the ground in the saturation zone and in direct contact with

the ground or subsoil;

“groundwater quality standard” means an environmental

quality standard expressed as the concentration of a particular

pollutant, group of pollutants or indicator of pollution in

groundwater, which should not be exceeded in order to protect

human health and the environment;

“input of pollutants into groundwater” means the direct

or indirect introduction of pollutants into groundwater as a

result of human activity;

“officer” means and includes any person engaged by,

detailed for duty with, or in any manner whatsoever performing

duties for or on behalf of the Authority;

“significant and sustained upward trend” means any

statistically and environmentally significant increase of

concentration of a pollutant, group of pollutants, or indicator of

pollution in groundwater for which trend reversal is identified

as being necessary in accordance with these regulations;

“threshold value” means a groundwater quality standard

set by the Authority in terms of these regulations.

These regulations shall also apply to measures in order to

prevent the deterioration of the status of all bodies of groundwater.

The Water Policy Framework Regulations, 2004 shall also apply

unless they are inconsistent with these regulations.

(1) The following criteria shall be used for the purposes

of the assessment of the chemical status of a body or a group of

bodies of groundwater

(a) groundwater quality standards as referred to in the

First Schedule to these regulations;

(b) threshold values to be established by the Authority

in accordance with the procedure set out in Part A of the

Second Schedule to these regulations for the pollutants, groups

of pollutants and indicators of pollution which, within the

Maltese territory, have been identified as contributing to the

characterisation of bodies or groups of bodies of groundwater

as being at risk, taking into account the list contained in Part B

of the Second Schedule to these regulations.

(2) The threshold values applicable to good chemical

status shall be based on the protection of the body of groundwater in

accordance with points 1, 2 and 3 of Part A of the Second Schedule

to these regulations, having particular regard to its impact on,

and interrelationship with, associated surface waters and directly

dependent terrestrial ecosystems and wetlands and shall inter alia

take into account human toxicology and ecotoxicology knowledge.

(3) The Authority shall establish and publish threshold

values in the river basin management plans to be submitted in

accordance with the Water Policy Framework Regulations, 2004

which shall include a summary of the information set out in Part C

of the Second Schedule to these regulations.

(4) The Authority, shall where it deems necessary,

amend the list of threshold values whenever new information on

pollutants, groups of pollutants, or indicators of pollution indicates

that a threshold value should be set for an additional substance, that

an existing threshold value should be amended, or that a threshold

value previously removed from the list should be re-inserted, in order

to protect human health and the environment. Any such amendments

to the list of threshold values shall be reported in the context of the

periodic review of the river basin management plans.

(1) The Authority shall use the procedure mentioned in

sub-regulation (2) hereof in order to assess the chemical status of

a body of groundwater. The Authority shall establish that a body

or a group of bodies of groundwater is considered to be of good

chemical status when

(a) the relevant monitoring demonstrates that the

conditions set out in Table 2.3.2 of the Fifth Schedule of the

Water Policy Framework Regulations, 2004 are being satisfied;

or

(b)

the values for the groundwater quality standards

listed in the First Schedule to these regulations and the relevant

threshold values established in accordance with regulation 4

and the Second Schedule to these regulations are not exceeded

at any monitoring point in that body or group of bodies of

groundwater; or

(c) the value for a groundwater quality standard or

threshold value is exceeded at one or more monitoring points

but an appropriate investigation in accordance with the Third

Schedule to these regulations confirms that

(i) on the basis of the assessment referred to in

paragraph 3 of the Third Schedule to these regulations, the

concentrations of pollutants exceeding the groundwater

quality standards or threshold values are not considered

to present a significant environmental risk, taking into

account, where appropriate, the extent of the body of

groundwater which is affected;

(ii) the other conditions for good groundwater

chemical status set out in Table 2.3.2 in the Fifth Schedule

of the Water Policy Framework Regulations, 2004 are

being satisfied in accordance with paragraph 4 of the

Third Schedule to these regulations;

(iii) for bodies of groundwater identified in

accordance with the Water Policy Framework Regulations,

2004, the requirements of such regulations are being

satisfied in accordance with paragraph 4 of the Third

Schedule to these regulations to these regulations;

(iv) the ability of the body of groundwater or of

any of the bodies in the group of bodies of groundwater to

support human uses has not been significantly impaired

by pollution.

(2) The choice of the groundwater monitoring sites shall

satisfy the requirements of Section 2.4 of the Fifth Schedule of the

Water Policy Framework Regulations, 2004, on being designed so as

to provide a coherent and comprehensive overview of groundwater

chemical status and to provide representative monitoring data.

(3) The Authority shall publish a summary of the

assessment of groundwater chemical status in the river basin

management plans in accordance with the Water Policy Framework

Regulations, 2004. Such summary, established at the level of the

river basin district or the part of the international river basin district

falling within the Maltese territory, shall also include an explanation

as to the manner in which exceedances of groundwater quality

standards or threshold values at individual monitoring points have

been taken into account in the final assessment.

(4) The Authority shall take such measures as may

be necessary in accordance with the Water Policy Framework

Regulations, 2004 to protect aquatic ecosystems, terrestrial

ecosystems and human uses of groundwater dependent on the part

of the body of groundwater represented by the monitoring point or

points at which the value for a groundwater quality standard or the

threshold value has been exceeded, where a body of groundwater is

classified as being of good chemical status in accordance with sub-

regulation 1(c) hereof.

(1) The Authority shall identify any significant and

sustained upward trend in concentrations of pollutants, groups of

pollutants or indicators of pollution found in bodies or groups of

bodies of groundwater identified as being at risk and define the

starting point for reversing that trend, in accordance with the Fourth

Schedule to these regulations.

(2) The Authority shall, in accordance with Part B of the

Fourth Schedule to these regulations, reverse trends which present

a significant risk of harm to the quality of aquatic ecosystems or

terrestrial ecosystems, to human health, or to actual or potential

legitimate uses of the water environment, through the programme

of measures referred to in the Water Policy Framework Regulations,

2004 in order to progressively reduce pollution and prevent

deterioration of groundwater.

(3) The Authority shall define the starting point for

trend reversal as a percentage of the level of the groundwater quality

standards set out in the First Schedule to these regulations and of the

threshold value established pursuant to regulation 4 hereof, on the

basis of the identified trend and the environmental risk associated

therewith, in accordance with Part B, point 1 of the Fourth Schedule

to these regulations.

(4) The Authority shall, in the river basin management

plans to be submitted in accordance with the Water Policy Framework

Regulation, 2004, summarise

(a) the way in which the trend assessment from

individual monitoring points within a body or a group of bodies

of groundwater has contributed to identifying, in accordance

with Section 2.5 of the Fifth Schedule to the Water Policy

Framework Regulations, 2004 that those bodies are subject to

a significant and sustained upward trend in concentration of

any pollutant or a reversal of that trend; and

(b) the reasons for the starting points defined pursuant

to regulation 4 hereof.

(5) The Authority shall, where it is deemed necessary

to assess the impact of existing plumes of pollution in bodies of

groundwater that may threaten the achievement of the objectives in

the Water Policy Framework Regulations, 2004 and in particular,

those plumes resulting from point sources and contaminated land,

carry out additional trend assessments for identified pollutants, in

order to verify that plumes from contaminated sites do not expand,

do not deteriorate the chemical status of the body or group of bodies

of groundwater, and do not present a risk for human health and the

environment. The results of these assessments shall be summarised

in the river basin management plans to be submitted in accordance

with the Water Policy Framework Regulations, 2004.

(1) The Authority shall ensure, for the purpose of

preventing and, or limiting inputs of pollutants into groundwater

already established in the Water Policy Framework Regulations,

2004, that the programme of measures set out in such regulations

includes

(a) all necessary measures in order to prevent inputs

into groundwater of any hazardous substances, without

prejudice to sub-regulations 2 hereof. In identifying such

substances, the Authority shall also, in particular, take account

of hazardous substances belonging to groups of pollutants

referred to in points 1 to 6 of the Eighth Schedule to the Water

Policy Framework Regulations, 2004, as well as of substances

belonging to groups of pollutants referred to in points 7 to 9 of

such Schedule, where these are considered to be hazardous;

(b) for pollutants listed in such Schedule, which are not

considered hazardous, and any other non-hazardous pollutants

not listed in such Schedule and which are considered by the

Authority to present an existing or potential risk of pollution,

all necessary measures in order to limit inputs into groundwater

in order to ensure that such inputs do not cause deterioration or

significant and sustained upward trends in the concentrations

of pollutants in groundwater. Such measures shall, at least,

take account of established best practice, including the Best

Environmental Practice and Best Available Techniques.

(2) The Authority shall, whenever such is technically

possible, take into account the inputs of pollutants from disseminated

sources of pollution which have an impact on the chemical status of

groundwater.

B

First Schedule

Regulations 4 and 5

GROUNDWATER QUALITY STANDARDS

1. For the purposes of assessing groundwater chemical status in accordance

with Regulation 5, the following groundwater quality standards will be the

quality standards referred to in Table 2.3.2 in the Fifth Schedule to the Water

Policy Framework Regulations, 2004 and established in accordance with such

regulations.

Pollutant

Quality standards

Nitrates

50 mg/l

Active substances in pesticides, including 0,1 µg/l

their relevant metabolites, degradation and 0,5 µg/l (total) 2

reaction products 1

2. The results of the application of the quality standards for pesticides in the

manner specified for the purposes of these regulations will be without

prejudice to the results of the risk assessment procedures required by

Directive 91/414/EEC or Directive 98/8/EC.

3. Where, for a given body of groundwater, it is considered that the

groundwater quality standards could result in failure to achieve the

environmental objectives specified in the Water Policy Framework

Regulations, 2004 for associated bodies of surface water, or in any significant

diminution of the ecological or chemical quality of such bodies, or in any

significant damage to terrestrial ecosystems which depend directly on the

B

body of groundwater, more stringent threshold values will be established in

accordance with regulation 4 and the Second Schedule to these regulations.

Programmes and measures required in relation to such a threshold value will

also apply to activities falling within the scope of Directive 91/676/EEC.

‘Pesticides’ means plant protection products and biocidal products as defined in Article 2 of

Directive 91/414/EEC and in Article 2 of Directive 98/8/EC, respectively.

‘Total’ means the sum of all individual pesticides detected and quantified in the monitoring

procedure, including their relevant metabolites, degradation and reaction products.

B

Second Schedule

Regulations 4 and 5

THRESHOLD VALUES FOR GROUNDWATER POLLUTANTS AND

INDICATORS OF POLLUTION

Part A

Guidelines for the establishment of threshold values by Authority in

accordance with Regulation 4

The Authority will establish threshold values for all pollutants and indicators

of pollution which, pursuant to the characterisation performed in accordance

with the Water Policy Framework Regulations, 2004 characterise bodies or

groups of bodies of groundwater as being at risk of failing to achieve good

groundwater chemical status.

Threshold values will be established in such a way that, should the

monitoring results at a representative monitoring point exceed the thresholds,

this will indicate a risk that one or more of the conditions for good

groundwater chemical status referred to in regulation 5 (1) (c)(ii), (iii) and (iv)

are not being met. When establishing threshold values, the Authority will

consider the following guidelines

1) the determination of threshold values should be based on

B

(a) the extent of interactions between groundwater and associated aquatic and

dependent terrestrial ecosystems;

(b) the interference with actual or potential legitimate uses or functions of

groundwater;

(c) all pollutants which characterise bodies of groundwater as being at risk,

taking into account the minimum list set out in part B;

(d) hydro-geological characteristics including information on background

levels and water balance;

2) the determination of threshold values should also take account of the

origins of the pollutants, their possible natural occurrence, their toxicology

and dispersion tendency, their persistence and their bioaccumulation

potential;

3) wherever elevated background levels of substances or ions or their

indicators occur due to natural hydro-geological reasons, these background

levels in the relevant body of groundwater shall be taken into account when

establishing threshold values;

4) the determination of threshold values should be supported by a control

mechanism for the data collected, based on an evaluation of data quality,

analytical considerations, and background levels for substances which may

occur both naturally and as a result of human activities.

B

Part B

Minimum list of pollutants and their indicators for which Authority have

to consider establishing threshold values in accordance with regulation 4

1. Substances or ions or indicators which may occur both naturally and/or as a

result of human activities

Arsenic

Cadmium

Lead

Mercury

Ammonium

Chloride

Sulphate

2. Man-made synthetic substances

Trichloroethylene

Tetrachloroethylene

3. Parameters indicative of saline or other intrusions 1

Conductivity

With regard to saline concentrations resulting from human activities, the Authority may decide to

establish threshold values either for sulphate and chloride or for conductivity .

B

Part C

Information to be provided by Authority with regard to the pollutants

and their indicators for which threshold values have been established

The Authority will summarise, in the river basin management plans to be

submitted in accordance with the Water Policy Framework Regulations, 2004

the way the procedure set out in Part A of this Schedule has been followed.

In particular, the Authority will provide, where feasible

(a) information on the number of bodies or groups of bodies of groundwater

characterised as being at risk and on the pollutants and indicators of pollution

which

contribute

to

this

classification,

including

the

observed

concentrations/values;

(b) information on each of the bodies of groundwater characterised as being at

risk, in particular the size of the bodies, the relationship between the bodies of

groundwater and the associated surface waters and directly dependent

terrestrial ecosystems, and, in the case of naturally-occurring substances, the

natural background levels in the bodies of groundwater;

(c) the threshold values, whether they apply at the national level, at the level

of the river basin district or the part of the international river basin district

falling within the Maltese territory, or at the level of a body or a group of

bodies of groundwater;

B

(d) the relationship between the threshold values and

(i) in the case of naturally-occurring substances, the observed background

levels,

(ii) the environmental quality objectives and other standards for water

protection that exist at national, Community or international level, and

(iii) any relevant information concerning the toxicology, eco-toxicology,

persistence, bioaccumulation potential, and

dispersion tendency of the pollutants.

B

Third Schedule

Regulations 4 and 5

ASSESSMENT OF GROUNDWATER CHEMICAL STATUS

1. The assessment procedure for determining the chemical status of a body or

a group of bodies of groundwater will be carried out in relation to all bodies

or groups of bodies of groundwater characterised as being at risk and in

relation to each of the pollutants which contribute to the body or group of

bodies of groundwater being so characterised.

2. In undertaking any investigations referred to in regulation 5 (1) (c) will

take into account

(a) the information collected as part of the characterisation to be carried out in

accordance with the Water Policy Framework Regulations, 2004 and with

Sections 2.1, 2.2 and 2.3 of the Second Schedule thereto;

(b) the results of the groundwater monitoring network obtained in accordance

with Section 2.4 of the Fifth Schedule of the Water Policy Framework

Regulations, 2004; and

(c) any other relevant information including a comparison of the annual

arithmetic mean concentration of the relevant pollutants at a monitoring point

with the groundwater quality standards set out in the First Schedule and the

B

threshold values set by the Authority in accordance with regulation 4 and the

Second Schedule to these regulations.

3. For the purposes of investigating whether the conditions for good

groundwater chemical status referred to in regulation 5 (1) (c) (i) and (iv) are

met, the Authority will, where relevant and necessary, and on the basis of

appropriate aggregations of the monitoring results, supported where necessary

by concentration estimations based on a conceptual model of the body or

group of bodies of groundwater, estimate the extent of the body of

groundwater having an annual arithmetic mean concentration of a pollutant

higher than a groundwater quality standard or a threshold value.

4. For the purposes of investigating whether the conditions for good

groundwater chemical status referred to in regulation 5 (1) (c) (ii) and (iii) are

met, the Authority will, where relevant and necessary, and on the basis of

relevant monitoring results and of a suitable conceptual model of the body of

groundwater, assess

(a) the impact of the pollutants in the body of groundwater;

(b) the amounts and the concentrations of the pollutants being, or likely to be,

transferred from the body of groundwater to the associated surface waters or

directly dependent terrestrial ecosystems;

(c) the likely impact of the amounts and concentrations of the pollutants

transferred to the associated surface waters and directly dependent terrestrial

B

ecosystems;

(d) the extent of any saline or other intrusions into the body of groundwater;

and

(e) the risk from pollutants in the body of groundwater to the quality of water

abstracted, or intended to be abstracted, from the body of groundwater for

human consumption.

5. Authority will present the groundwater chemical status of a body or a

group of bodies of groundwater on maps in accordance with Sections 2.4.5

and 2.5 of the Fifth Schedule of the Water Policy Framework Regulations,

2004. In addition, the Authority will indicate on these maps all monitoring

points where groundwater quality standards and/or threshold values are

exceeded, where relevant and feasible.

B

Fourth Schedule

Regulations 4 and 6

IDENTIFICATION AND REVERSAL OF SIGNIFICANT AND

SUSTAINED UPWARD TRENDS

Part A

Identification of significant and sustained upward trends

The Authority will identify significant and sustained upward trends in all

bodies or groups of bodies of groundwater that are characterised as being at

risk in accordance with the Second Schedule of the Water Policy Framework

Regulations, 2004, taking into account the following requirements

1) in accordance with Section 2.4 of the Fifth Schedule of the Water Policy

Framework Regulations, 2004, the monitoring programme will be so

designed as to detect significant and sustained upward trends in

concentrations of the pollutants identified pursuant to regulation 4 of these

regulations.

2) the procedure for the identification of significant and sustained upward

trends will be based on the following elements

(a) monitoring frequencies and monitoring locations will be selected such as

are sufficient to

B

(i) provide the information necessary to ensure that such upward trends can be

distinguished from natural variation with an adequate level of confidence and

precision;

(ii) enable such upward trends to be identified in sufficient time to allow

measures to be implemented in order to prevent, or at least mitigate as far as

practicable, environmentally significant detrimental changes in groundwater

quality. This identification will be carried out for the first time by 2009, if

possible, and will take into account existing data, in the context of the report

on trend identification within the first river basin management plan referred to

in the Water Policy Framework Regulations, 2004, and at least every six

years thereafter;

(iii) take into account the physical and chemical temporal characteristics of

the body of groundwater, including groundwater flow conditions and recharge

rates and percolation time through soil or subsoil;

(b) the methods of monitoring and analysis used will conform to international

quality control principles, including, if relevant, CEN or national standardised

methods, to ensure equivalent scientific quality and comparability of the data

provided;

(c) the assessment will be based on a statistical method, such as regression

analysis, for trend analysis in time series of individual monitoring points;

(d) in order to avoid bias in trend identification, all measurements below the

quantification limit will be set to half of the value of the highest

quantification limit occurring in time series, except for total pesticides;

3) the identification of significant and sustained upward trends in the

concentrations of substances which occur both naturally and as a result of

human activities will consider the baseline levels and, where such data are

available, the data collected before the start of the monitoring programme in

order to report on trend identification within the first river basin management

plan referred to in the Water Policy Framework Regulations, 2004.

Part B

Starting points for trend reversals

The Authority will reverse identified significant and sustained upward trends,

in accordance with regulation 6, taking into account the following

requirements

1) The starting point for implementing measures to reverse significant and

sustained upward trends will be when the concentration of the pollutant

reaches 75 % of the parametric values of the groundwater quality standards

set out in the First Schedule and of the threshold values established pursuant

to regulation 4, unless

(a) an earlier starting point is required to enable trend reversal measures to

prevent most cost-effectively, or at least mitigate as far as possible, any

environmentally significant detrimental changes in groundwater quality;

(b) a different starting point is justified where the detection limit does not

B

allow for establishing the presence of a trend at 75 % of the parametric

values; or

(c) the rate of increase and the reversibility of the trend are such that a later

starting point for trend reversal measures would still enable such measures to

prevent most cost-effectively, or at least mitigate as far as possible, any

environmentally significant detrimental changes in groundwater quality. Such

later starting point may not lead to any delay in achieving the deadline for the

environmental objectives.

For activities falling within the scope of Directive 91/676/EEC, the starting

point for implementing measures to reverse significant and sustained upward

trends will be established in accordance with such Directive and with the

Water Policy Framework Regulations, 2004 and, in particular, adhering to

environmental objectives for water protection as set out in the Water Policy

Framework Regulations, 2004;

2) Once a starting point has been established for a body of groundwater

characterised as being at risk in accordance with Section 2.4.4 of the Fifth

Schedule of the Water Policy Framework Regulations, 2004 and pursuant to

point 1 above, it will not be changed during the six-year cycle of the river

basin management plan required in accordance with the Water Policy

Framework Regulations, 2004;

3) Trend reversals will be demonstrated, taking into account relevant

monitoring provisions contained in Part A, point 2.

B

€2.05