Surface Waters (Dangerous Substances) (Classification) (Scotland) (No.2) Regulations 1998

Publication Date:January 01, 1998
 
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1998No. 1344 (S.68)

WATER SUPPLY, SCOTLAND

The Surface Waters (Dangerous Substances)

(Classification) (Scotland) (No.2) Regulations 1998

26th 1998

2ndJune1998

1stJuly1998

The Secretary of State, in exercise of the powers conferred on him by sections 30B, 104(1) and 105(1) of the Control of Pollution Act 1974( a) and, being a Minister designated ( b) for the purposes of section 2(2) of the European Communities Act 1972( c) in 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, and of all other powers enabling him in that behalf hereby makes the following Regulations:

Citation, commencement and extent

1. These Regulations may be cited as the Surface Waters (Dangerous Substances) (Classification) (Scotland) (No.2) Regulations 1998, shall come into force on 1st July 1998 and shall extend to Scotland only.

Classification of inland waters

2. The classification DS6 and the criteria for that classification set out in Schedule 1 to these Regulations shall apply for classifying inland waters( d) with a view to reducing the pollution of those waters by the dangerous substances listed in that Schedule.

Classification of coastal waters and relevant territorial waters

3. The classification DS7 and the criteria for that classification set out in Schedule 2 to these Regulations shall apply for classifying coastal waters( e) and relevant territorial waters( f) 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) 1974 c.40; section 30B was inserted, as part of a substitution of a new Part II of the Act, by the Water Act 1989 (c.15), Schedule 23, paragraph 4; section 104(1) was amended by the Water Act 1989, Schedule 23, paragraph 7; section 105(1) contains a definition of "prescribed" relevant to the exercise of the statutory powers under which these Regulations are made.

(b) S.I. 1989/2393.

(c) 1972 c.68.

(d) For the definition of "inland waters", see section 30A(1) of the Control of Pollution Act 1974.

(e) For the definition of "coastal waters", see section 30A(1) of the Control of Pollution Act 1974.

(f) For the definition of "relevant territorial waters", see section 30A(1) of the Control of Pollution Act 1974.

(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 DS6 to all inland waters and the classification DS7 to all coastal waters and relevant territorial waters and to specify 1st July 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.

Amendment of the Surface Water (Dangerous Substances) (Classification) (Scotland) Regulations 1990

6. - (1) The Surface Water (Dangerous Substances) (Classification) (Scotland) Regulations 1990( a)shall be amended in accordance with the following paragraph of this regulation.

(2) In Schedules 1 and 2, for the entry -

"Aldrin, Dieldrin, Endrin and Isodrin

(i) 0.03 for the four substances, in total;

(ii) 0.005 for Endrin"

there shall be substituted -

"Aldrin

0.01

Dieldrin

0.01

Endrin

0.005

Isodrin

0.005"

Sewel

St Andrew's House, Edinburgh

Parliamentary Under Secretary of State,

26th May 1998

Scottish Office

(a) S.I. 1990/126.

SCHEDULE 1

Regulation 2

CRITERIA FOR CLASSIFICATION DS6

1. Subject to paragraph 2 below, the requirements for the classification DS6 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 mevinphos in each sample so taken does not exceed 0.02 microgrammes per litre.

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)

4-Chloro-3-methyl-phenol

40

2-Chlorophenol

50

2,4-Dichlorophenol

20

2,4-D (ester)

1

(non-ester)

40

1,1,1-Trichloroethane

100

1,1,2-Trichloroethane

400

Bentazone

500

Benzene

30

Biphenyl

25

Chloronitrotoluenes

10

Demeton

0.5

Dimethoate

1

Linuron

2

Mecoprop

20

Naphthalene

10

Omethoate

0.01

Toluene

50

Triazaphos

0.005

Xylene

30

SCHEDULE 2

Regulation 3

CRITERIA FOR CLASSIFICATION DS7

1. Subject to paragraph 2 below, the requirements for the classification DS7 are that the annual mean concentration of each substance listed in column (1) of Table 2 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).

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 above must be satisfied in relation to the samples from each sampling point.

TABLE 2

(1)

(2)

Dangerous Substance

Limit (in microgrammes per litre) (annual mean)

4-Chloro-3-methyl-phenol

40

2-Chlorophenol

50

2,4-Dichlorophenol

20

2,4-D (ester)

1

(non-ester)

40

1,1,1-Trichloroethane

100

1,1,2-Trichloroethane

300

Bentazone

500

Benzene

30

Biphenyl

25

Chloronitrotoluenes

10

Demeton

0.5

Dimethoate

1

Linuron

2

Mecoprop

20

Naphthalene

5

Toluene

40

Triazaphos

0.005

Xylene

30

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe a system for classifying the quality of inland waters, coastal waters and relevant territorial waters with a view to reducing the pollution of those waters by the dangerous substances listed in the Schedules to the Regulations (regulations 2 and 3 and...

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