QUALITY REQUIRED OF SURFACE WATER INTENDED FOR THE ABSTRACTION OF DRINKING WATER REGULATIONS

SUBSIDIARY LEGISLATION 549.21

QUALITY REQUIRED OF SURFACE WATER

INTENDED FOR THE ABSTRACTION OF

DRINKING WATER REGULATIONS

28th June, 2002

LEGAL NOTICE 339 of 2001, as amended by Legal Notice 426 of 2007.

The title of these regulations is the Quality required of

Surface Water intended for the Abstraction of Drinking Water

Regulations.

(1) These regulations concern the quality requirements

which surface fresh water used or intended for use in the

abstraction of drinking water, hereinafter called "surface water",

must meet after application of appropriate treatment. Ground water,

brackish water and water intended to replenish water-bearing beds

shall not be subject to these regulations.

(2) For the purposes of applying these regulations, all surface

water intended for human consumption and supplied by distribution

networks for public use shall be considered to be drinking water.

For the purpose of these regulations, surface water shall be

divided according to limiting values into three categories, A1, A2

and A3, which correspond to the appropriate standard methods of

treatment given in Annex I. These groups correspond to three

different qualities of surface water, the respective physical,

chemical and microbiological characteristics of which are set out in

the table given in Annex II.

(1) The competent authority shall set, for all sampling

points, or for each individual sampling point, the values applicable

to surface water for all the parameters given in Annex II

Provided that the values set by the competent authority

pursuant to subregulation (1) may not be less stringent than those

given in the "I" columns of Annex II.

(2) Where values appear in the "G" columns of Annex II,

whether or not there is a corresponding value in the "I" columns of

that Annex, the competent authority shall endeavour to respect

them as guidelines, subject to regulation 7.

(1) The competent authority shall take all necessary

measures to ensure that surface water conforms to the values laid

down pursuant to regulation 4. The competent authority shall apply

these regulations without distinction to the waters, over which

Malta has jurisdiction.

(2) The competent authority shall, in line with the objectives of

these regulations, take the necessary measures to ensure continuing

improvement of the environment by drawing up a systematic plan

of action including a timetable for the improvement of surface

water and especially that falling within category A3

Provided that the timetable referred to in this subregulation

will be drawn up in the light of the need to improve the quality of

the environment, and of water in particular, and the economic and

technical constraints which exist or which may arise.

(3) Surface

water

having

physical,

chemical

and

microbiological characteristics falling short of the mandatory

limiting values corresponding to treatment type A3 may not be used

for the abstraction of drinking water

Provided that such lower quality water may, in exceptional

circumstances, be utilized provided suitable processes - including

blending - are used to bring the quality characteristics of the water

up to the level of the quality standards for drinking water.

(4) The competent authority shall publish by notice in the

Gazette the grounds for such exceptions, on the basis of a water

resources management plan within the area concerned, as soon as

possible, in the case of existing installations, and in advance, in the

case of new installations.

(1) For the purposes of regulation 5, surface water shall be

assumed to conform to the relevant parameters if samples of this

water taken at regular intervals at the same sampling point and used

in the abstraction of drinking water show that it complies with the

parametric values for the water quality in question, in the case of

-

95% of the samples for parameters conforming to

those specified in the "I" columns in Annex II,

-

90% of the samples in all other cases,

and if in the case of the 5 or 10% of the samples which do not

comply

(a) the water does not deviate from the parametric values

in question by more than 50%, except for temperature,

pH, dissolved oxygen and microbiological parameters;

(b) there can be no resultant danger to public health;

(c) consecutive water samples taken at statistically

suitable intervals do not deviate from the relevant

parametric values.

(2) The competent authority shall define the frequency of

sampling and the analysis of each parameter, together with the

methods of measurement which shall take into account the volume

of water abstracted, the extent of the abstraction, the population

served, the degree of risk engendered by the quality of the water

and seasonal variations in the quality.

(3) Higher values than those referred to in subregulation (2),

shall not be taken into consideration in the calculation of the

percentages referred to in subregulation (1) when they are the result

of floods or natural disasters or abnormal weather conditions

Provided that sampling shall mean, the place at which

surface water is abstracted before being sent for purification

treatment.

The competent authority may at any time fix more

stringent values for surface water than those laid down in these

regulations.

Implementation of the measures taken pursuant to these

regulations may under no circumstances lead either directly or

indirectly to deterioration of the current quality of surface water.

(1)

These regulations may be waived

(a) in the case of floods or other natural disasters;

(b) in the case of certain parameters marked (O) in Annex

II because of exceptional meteorological or

geographical conditions;

(c) where surface water undergoes natural enrichment in

certain substances as a result of which it would exceed

the limits laid down for categories A1, A2 and A3 in

the table in Annex II;

(d) in the case of surface water in shallow lakes or

virtually stagnant surface water, for parameters

marked with an asterisk in the table in Annex II, this

derogation being applicable only to lakes with a depth

not exceeding 20m, with an exchange of water slower

than one year, and without a discharge of waste water

into the water body

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 in no case may the exceptions

provided for in subregulation (1) disregard the requirements of

public health protection.

(2) The competent authority shall, whenever it waives the

provisions of these regulations, publish by notice in the Gazette the

reasons and the periods anticipated.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provision of these

regulations or with any order lawfully given in terms

of any provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) he acts in contravention of any of the provisions of

these regulations; or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising,

counselling or procurement to contravene the

provisions of these regulations or to fail to comply

with any such provisions, including any order lawfully

given in terms of any of the provision of these

regulations, or to contravene any restriction,

prohibition or requirement imposed by or under the

said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

(a) on a first conviction to a fine (multa) of not less than

twenty-three thousand and two hundred and ninety-

three euro and seventy-three cents (€23,293.73) but

not exceeding two hundred and thirty-two thousand

and nine hundred and thirty-seven euro and thirty-four

cents (€232,937.34);

(b) on a second or subsequent convictions, to a fine

(multa) of not less than one hundred and sixteen

thousand and four hundred and sixty-eight euro and

sixty-seven cents (€116,468.67), but not exceeding

four hundred and sixty-five thousand and eight

hundred and seventy-four euro and sixty-eight cents

(€465,874.68) or to imprisonment for a term not

exceeding two years, or to both such fine and

imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle or ship, the owner of the said vehicle or ship, where

applicable, is held liable in the same manner and degree

Provided further that the court shall order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the competent

authority or any public entity or any other persons acting on their

behalf involved in the implementation of these regulations, and

restitution of the environment as a result of the said offence, and

the confiscation of the corpus delicti.

(1) The provisions of articles 23 and 30(1) of the Criminal

Code shall, mutatis mutandis, apply to proceedings in respect of

offences against these regulations, so however that the

disqualification from holding or obtain a licence, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these

regulations shall be taken before the Court of Magistrates (Malta)

or the Court of Magistrates (Gozo), as the case may be, and shall be

in accordance with the provisions of the Criminal Code regulating

the procedure before the said courts as courts of criminal

judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect

of proceedings for any offence against these regulations.

The numerical values and the list of parameters given in

t h e ta b l e i n A n n e x I I , d e f i n in g t h e p h y s i c a l, c h e m i c a l an d

microbiological characteristics of surface water may be revised by

request of the competent au thority whenever technical and

scientific knowledge regarding methods of treatment is extended or

drinking water standards are modified.

Annexes I and II to these regulations are being published in

the English language with the English text of these regulations.

ANNEX I

Definition of the standard methods of treatment for transforming surface water

of categories A1, A2 and A3 into drinking water

Category A1

Simple physical treatment and disinfection, e.g. rapid filtration and disinfection.

Category A2

Normal physical treatment, chemical treatment and disinfection, e.g. pre-

chlorination, coagulation, flocculation, decantation, filtration, disinfection (final

chlorination).

Category A3

Intensive physical and chemical treatment, extended treatment and disinfection

e.g. chlorination to break-point, coagulation, flocculation, decantation, filtration,

adsorption (activated carbon), disinfection (ozone, final chlorination).

ANNEX II

Characteristics of surface water intended for the abstraction of drinking water

Parameters

G

I

G

I

G

I

pH

6·5 to

5·5 to 9

5·5 to 9

8·3

Coloration

mg/l Pt scale

20 (O)

100 (O)

(after simple

(O)

filtration)

Total suspended mg/l 55

solids

Temperature

ºC

25 (O)

25 (O)

25 (O)

-1 at 20ºC

s/cm

Conductivity

1 000

1 000

1 000

Odour

(dilution factor

at 25ºC)

7*

Nitrates

mg/l NO 3

50 (O)

50 (O)

50 (O)

8 (1)

Fluorides

mg/l F

0·7 to 1

1·5

0·7 to 1

0·7 to 1

To t a l

mg/l Cl

extractable

organic chlorine

10*

Dissolved iron mg/l Fe

0·1

0·3

11*

Manganese

mg/l Mn

0·05

0·1

Copper

mg/l Cu

0·02

0·05

0·05

(O)

Zinc

mg/l Zn

0·5

Boron

mg/l B

Beryllium

mg/l Be

Cobalt

mg/l Co

Nickel

mg/l Ni

Vanadium

mg/l V

Arsenic

mg/l As

0·01

0·05

0·05

0·05

0·1

Parameters

G

I

G

I

G

I

Cadmium

mg/l Cd

0·001

0·005

0·001

0·005 0·001 0·005

Total chromium

mg/l Cr

0·05

0·05

0·05

Lead

mg/l Pb

0·05

0·05

0·05

Selenium

mg/l Se

0·01

0·01

0·01

Mercury

mg/l Hg

0·0005

0·001

0·0005 0·001 0·0005 0·001

Barium

mg/l Ba

0·1

Cyanide

mg/l Cn

0·05

0·05

0·05

Sulphates

mg/l SO 4

250 (O) 150

(O)

Chlorides

mg/l Cl

Surfactants

mg/l

0·2

0·2

0·5

( r e a c t i n g w i t h (laurylsulphate)

methyl blue)

30 (2) Phosphates

mg/l P 2 O 5

0·4

0·7

0·7

Phenols (phenol mg/l C 6 H 5 OH

0·001

0·001

0·005

0·01

0·1

index)

paranitraniline 4

aminoantipyrine

D i s s o l v e d o r mg/l

0·05

0·2

0·5

emulsified

hydrocarbons

(after extraction

by petroleum

ether)

Polycyclic

mg/l

0·0002

0·0002

0·001

aromatic

hydrocarbons

Total pesticides mg/l

0·001

0·0025

0·005

(parathion,

BHC, dieldrin)

35* C h c m i c a l

mg/l O 2

oxygen demand

(COD)

36* D i s s o l v e d

% O 2

> 70

> 50

> 30

oxygen

saturation rate

37* B i o c h e m i c a l mg/l O 2

< 3

< 5

< 7

oxygen demand

(BOD 5 ) (at 20ºC

without

nitrification)

N i t r o g e n b y mg/l N

Kjeldahl method

(except NO 3 )

Ammonia

mg/l NH 4

0·05

1·5

4 (O)

Substances

mg/l SEC

0·1

0·2

0·5

extractable with

chloroform

To t a l o r g a n i c mg/l C

carbon

Parameters

G

I

G

I

G

I

Residual

mg/l C

organic carbon

after

flocculation and

membrane

filtration (5  )

TOC

Total coliforms /100 ml

5 000

50 000

37ºC

Faecal coliforms /100 ml

2 000

20 000

Faecal

/100 ml

1 000

10 000

streptococci

Salmonella

Not

Not

present

present

in

in

5 000 ml

5 000

ml

I = mandatory.

G = guide.

O = exceptional climatic or geographical conditions.

* = see Article 9(d).

( 1 ) The values given are upper limits set in relation to the mean annual temperature (high and low).

( 2 ) This parameter has been included to satisfy the eclogical requirements of certain types of

environment.