UNITED KINGDOM STATUTORY INSTRUMENT
1998 No. 250 (S.9)
WATER, SCOTLAND
The Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1998
Made 27th January 1998
Laid before Parliament 10th March 1998
Coming into force 1st April 1998
The Secretary of State, in exercise of the powers conferred on him by sections 30B and 104(1) of the Control of Pollution Act 1974, and being a Minister designatedfor the purposes of section 2(2) of the European Communities Act 1972in relation to measures relating to the prevention, reduction and elimination of pollution of water, in exercise of the powers conferred on him by that section, hereby makes the following Regulations:
S-1
Citation, commencement and extentCitation, commencement and extent
1. These Regulations may be cited as the Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1998 shall come into force on 1st April 1998, and shall extend to Scotland only.
S-2
Classification of inland watersClassification of inland waters
2. The classification DS4 and the criteria for that classification set out in Schedule 1 to these Regulations shall apply for classifying inland waterswith a view to reducing the pollution of those waters by the dangerous substances listed in that Schedule.
S-3
Classification of coastal waters and relevant territorial watersClassification of coastal waters and relevant territorial waters
3. The classification DS5 and the criteria for that classification set out in Schedule 2 to these Regulations shall apply for classifying coastal waters(a) and relevant territorial waters(a) with a view to reducing the pollution of those waters by the dangerous substances listed in that Schedule.
Sampling
4. The Scottish Environment Protection Agency shall ensure that waters classified under these Regulations are sampled at such sampling points and at such times, and samples are analysed in such manner, as the Agency considers necessary for–
(a) monitoring the effect on those waters of discharges containing the dangerous substances in question; and
(b) determining the extent to which those waters are polluted by those substances and whether the requirements for the relevant classification are satisfied.
Modification of section 30C of the Control of Pollution Act 1974
5. Section 30C of the Control of Pollution Act 1974(water quality objectives) shall have effect as if–
(a) it imposed a duty on the Secretary of State to exercise his powers under that section to apply the classification DS4 to all inland waters and the classification DS5 to all coastal waters and relevant territorial waters and to specify 1st April 1998 as the relevant date in each case; and
(b) in relation to performance of that duty and the resulting water quality objectives, subsections (3) to (6) of that section (reviews and consultation requirements) were omitted.
Sewel
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
27th January 1998
SCHEDULE 1
Regulation 2
CRITERIA FOR CLASSIFICATION DS4
1. Subject to paragraph 2 below, the requirements for the classification DS4 are that–
(a) the annual mean concentration of each substance listed in column (1) of Table 1 in samples taken from the sampling point for the waters in question in accordance with regulation 4 above does not exceed the relevant limit shown in column (2); and
(b) the concentration of each substance listed in column (1) of Table 2 in each sample so taken does not exceed the relevant limit shown in column (2).
2. Where samples are taken in accordance with regulation 4 above from more than one sampling point in relation to the waters in question, the requirement in paragraph 1(a) above must be satisfied in relation to the samples from each sampling point.
TABLE 1
(1) |
(2) |
Dangerous substance |
Limit (in microgrammes per litre) (annual mean) |
Arsenic |
50 |
Atrazine & Simazine |
2 (for the 2 substances in total) |
Azinphos-methyl |
0.01 |
Dichlorvos |
0.001 |
Endosulphan |
0.003 |
Fenitrothion |
0.01 |
Malathion |
0.01 |
Trifluralin |
0.1 |
TABLE 2
(1) |
(2) |
Dangerous substance |
Limit (in microgrammes per litre) |
Tributyltin |
0.02 |
Triphenyltin and its derivatives |
0.02 |
SCHEDULE 2
Regulation 3
CRITERIA FOR CLASSIFICATION DS5
1. Subject to paragraphs 2 and 3 below, the requirements for the classification DS5 are that–
(a) the annual mean concentration of each substance listed in column (1) of Table 3 in samples taken from the sampling point for the waters in question in accordance with regulation 4 above...
