PROTECTION OF GROUNDWATER AGAINST POLLUTION AND DETERIORATION REGULATIONS

SUBSIDIARY LEGISLATION 549.53

PROTECTION OF GROUNDWATER AGAINST

POLLUTION AND DETERIORATION

REGULATIONS

16th January, 2009

LEGAL NOTICE 108 of 2009, as amended by Legal Notice 223 of 2015;

and Acts XXV of 2015 and XVII of 2024.

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

Groundwater against Pollution and Deterioration Regulations.

(2) 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 Environment Protection Act shall apply.

(2)

In these regulations, unless the context otherwise requires

"Act" means the Environment Protection Act;

"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 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 Unit;

"significant and sustained upward trend" means any statistically

and environmentally significant increase of concentration of a

p o l l u ta n t , g r o up o f p o l lu t a n ts , o r in d i c a t o r o f po l l u t i on i n

groundwater for which trend reversal is identified as being

necessary in accordance with these regulations;

"the Unit" means the Energy and Water Agency established by the

Energy and Water Agency (Establishment as an Agency) Order;

"threshold value" means a groundwater quality standard set by

the Unit 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 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;

(b) threshold values to be established by the Unit in

accordance with the procedure set out in Part A of the

Second Schedule 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.

(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,

having particular regard to its impact on, and inter-relationship

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 Unit shall establish and publish threshold values in the

river basin management plans to be submitted in accordance with

the Water Policy Framework Regulations, which shall include a

summary of the information set out in Part C of the Second

Schedule.

(4) The Unit, 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 Unit shall use the procedure mentioned in sub-

regulation (2) in order to assess the chemical status of a body of

groundwater. The Unit 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 are being

satisfied; or

(b) the values for the groundwater quality standards listed

in the First Schedule and the relevant threshold values

established in accordance with regulation 4 and the

Second Schedule 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 confirms that

(i)

on the basis of the assessment referred to in

paragraph 3 of the Third Schedule, 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 are being satisfied in accordance

with paragraph 4 of the Third Schedule;

(iii) for bodies of groundwater identified in

accordance with the Water Policy Framework

Regulations,

the requirements of such

regulations are being satisfied in accordance

with paragraph 4 of the Third Schedule;

(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, on being designed so as to provide

a coherent and comprehensive overview of groundwater chemical

status and to provide representative monitoring data.

(3) The Unit 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. 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

i n wh i c h ex c e e d a n c e s of g r ou n d w a t e r qu a l i t y st a nd a rd s o r

threshold values at individual monitoring points have been taken

into account in the final assessment.

(4) The Unit shall take such measures as may be necessary in

accordance with the Water Policy Framework Regulations, 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 subregulation (1)(c).

(1) The Unit 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.

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

Schedule, 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, in order to progressively

reduce pollution and prevent deterioration of groundwater.

(3) The Unit 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 and of the threshold value established

pursuant to regulation 4, on the basis of the identified trend and the

environmental risk associated therewith, in accordance with Part B,

point 1 of the Fourth Schedule.

(4) The Unit shall, in the river basin management plans to be

submitted in accordance with t he Water Policy Framework

Regulations, 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, 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.

(5) The Unit 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, 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.

(1) The Unit shall ensure, for the purpose of preventing

and, or limiting inputs of pollutants into groundwater already

established in the Water Policy Framework Regulations, 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-regulation (2). In identifying such

substances, the Unit 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,

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 Unit 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 Unit 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.

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, and established in accordance with such regulations.

Pollutant

Quality standards

Nitrates

50 mg/l

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

metabolites, degradation and reaction products 1

0,5 μg/l (total) 2

1 ‘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.

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

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

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, 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 body of groundwater, more stringent

threshold values will be established in accordance with regulation 4 and the Second

Schedule. 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.

Second Schedule

Amended by

L.N. 223 of 2015;

(Regulations 4 and 5)

XXV. 2015.50.

THRESHOLD VALUES FOR GROUNDWATER POLLUTANTS

AND INDICATORS OF POLLUTION

Part A

Guidelines for the establishment of threshold values by Unit in accordance with

regulation 4

The Unit 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, 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 Unit will consider the following guidelines

(1) the determination of threshold values should be based on

(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, those

background levels in the relevant body of groundwater shall be taken

into account when establishing threshold values. When determining

background levels, the following principles should be taken into

account

(a) the determination of background levels should be based on the

characterisation of groundwater bodies in accordance with

Schedule II to the Water Policy Framework Regulations (S.L.

549.100) and on the results of groundwater monitoring in

accordance with Schedule V to those regulations. The monitoring

strategy and interpretation of the data should take account of the

fact that flow conditions and groundwater chemistry vary

laterally and vertically;

(b) where only limited groundwater monitoring data are available,

more data should be gathered and in the meantime background

levels should be determined based on those limited monitoring

data, where appropriate by a simplified approach using a subset of

samples for which indicators show no influence of human

activity. Information on geochemical transfers and processes

should also be taken account of, where available;

(c) where insufficient groundwater monitoring data are available and

the information on geochemical transfers and processes is poor,

more data and information should be gathered and in the

meantime background levels should be estimated, where

appropriate based on statistical reference results for the same type

of aquifers in other areas having sufficient monitoring data;

(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.

Minimum list of pollutants and their indicators for which Unit 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

Cadmium

Mercury

Ammonium

Chloride

Sulphate

Phosphorus (total)/Phosphates

2. Man-made synthetic substances

Trichloroethylene

Tetrachloroethylene

Parameters indicative of saline or other intrusions *

3. Conductivity

Information with regard to the pollutants and their indicators for which threshold

values have been established

The Unit shall include in the water catchment management plan to be submitted in

accordance with regulation 12 of the Water Policy Framework Regulations (S.L.

549.100), information on the way the procedure set out in Part A of this Schedule has

been followed.

In particular, the Unit shall provide

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

characterised as being at risk, including the following

(i) the size of the bodies;

(ii) each pollutant or indicator of pollution which characterises bodies

of groundwater as being at risk;

(iii) the environmental quality objectives to which the risk is related,

including the actual or potential legitimate uses or functions of

the groundwater body, and the relationship between the bodies of

groundwater and the associated surface waters and directly

dependent terrestrial ecosystems;

(iv) in the case of naturally-occurring substances, the natural

background levels in the bodies of groundwater;

(v) information on the exceedances where threshold values are

exceeded;

(b) 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 territory of Malta, or at the level of a body or a

*With regard to saline concentrations resulting from human activities, the Unit may decide to establish

threshold values either for sulphate and chloride or for conductivity.

group of bodies of groundwater;

(c) the relationship between the threshold values and each of the following

(i)

in the case of naturally-occurring substances, the background

levels;

(ii) associated surface waters and directly dependent terrestrial

ecosystems;

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

protection that exist at national, Union or international level;

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

toxicology, persistence, bioaccumulation potential, and dispersion

tendency of the pollutants;

(d) the methodology for determining background levels based on the

principles set out in item 3 of Part A;

(e) the reasons for not having established threshold values for any of the

pollutants and indicators identified in Part B;

(f)

key elements of the groundwater chemical status assessment, including

the level, method and period of aggregation of monitoring results, the

definition of the acceptable extent of exceedance, and the method for

calculating it, in accordance with regulation 5(1)(c)(i) and paragraph 3

of the Third Schedule. Where any of the data referred to in paragraphs

(a) to (f) are not included in the water catchment management plan, the

Unit shall provide the reasons for this in that plan.

Third Schedule

XXV. 2015.50.

(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), the Unit

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, 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; 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 threshold values set by the Unit in accordance with

regulation 4 and the Second Schedule.

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

Unit 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

Unit 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 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. The Unit 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. In addition, the Unit

will indicate on these maps all monitoring points where groundwater quality

standards and/or threshold values are exceeded, where relevant and feasible.

Fourth Schedule

Amended by

XXV. 2015.50.

(Regulations 4 and 6)

IDENTIFICATION AND REVERSAL OF SIGNIFICANT

AND SUSTAINED UPWARD TRENDS

Part A

Identification of significant and sustained upward trends

The Unit 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, taking into

account the following requirements

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

Framework Regulations, 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;

PROTECTION OF GROUNDWATER

AGAINST POLLUTION AND DETERIORATION

(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

(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, 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.

Starting points for trend reversals

The Unit 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 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 and, in

particular, adhering to environmental objectives for water protection as

set out in the Water Policy Framework Regulations;

(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, 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;

(3) trend reversals will be demonstrated, taking into account relevant

monitoring provisions contained in Part A, point 2.