UNITED KINGDOM STATUTORY INSTRUMENT
1998 No. 389
WATER RESOURCES, ENGLAND AND WALES
The Surface Waters (Dangerous Substances) (Classification) Regulations 1998
Made 23th February 1998
Laid before Parliament 4th March 1998
Coming into force 25th March 1998
The Secretary of State for the Environment, Transport and the Regions and the Secretary of State for Wales, acting jointly in exercise of their powers under sections 82, 102 and 219(2) of the Water Resources Act 1991and of all other powers enabling them in that behalf, hereby make the following Regulations:
S-1
Citation and commencementCitation and commencement
1. These Regulations may be cited as the Surface Waters (Dangerous Substances) (Classification) Regulations 1998 and shall come into force on 25th March 1998.
S-2
Classification of inland freshwatersClassification of inland freshwaters
2. The classification DS6 and the criteria for that classification set out in Schedule 1 to these Regulations shall apply for classifying inland freshwaterswith 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 DS7 and the criteria for that classification set out in Schedule 2 to these Regulations shall apply for classifying coastal watersand relevant territorial waterswith a view to reducing the pollution of those waters by the dangerous substances listed in that Schedule.
Sampling
4. The Environment 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 83 of the Water Resources Act 1991
5. Section 83 of the Water Resources Act 1991 (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 freshwaters and the classification DS7 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.
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
19th February 1998
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
23rd February 1998
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...
