Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1992

JurisdictionUK Non-devolved
CitationSI 1992/574

1992 No. 574 (S.63)

PUBLIC HEALTH, SCOTLAND

The Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1992

Made 9th March 1992

Laid before Parliament 11th March 1992

Coming into force 1st April 1992

The Secretary of State, in exercise of the powers conferred on him by sections 30B, 55A, 104(1) and 105(1) of the Control of Pollution Act 19741and of all other powers enabling him in that behalf, hereby makes the following Regulations:

S-1 Citation, commencement and extent

Citation, commencement and extent

1. These Regulations may be cited as the Surface Waters (Dangerous Substances) (Class ification) (Scotland) Regulations 1992, shall come into force on 1st April 1992 and shall extend to Scotland only.

S-2 Classification of waters

Classification of waters

2.—(1) A system employing the classification DS3 is prescribed as a system of classification applying to relevant territorial waters, coastal waters and inland waters.

(2) The criterion for the classification DS3 is that the annual mean concentration of each substance listed in column (1) of the Schedule hereto in samples taken and tested in accordance with these Regulations must not exceed the relevant concentration specified in column (2) of that Schedule.

S-3 Sampling and analysis

Sampling and analysis

3.—(1) Samples must be taken in relation to the waters at a frequency sufficient to show any changes in the aquatic environment, having regard in particular, to natural variations in hydrological conditions.

(2) Where a discharge containing any substance listed in column (1) of the Schedule is made to the waters, samples must be taken at a point sufficiently close to the discharge point to be representative of the quality of the aquatic environment in the area affected by the discharge.

(3) Samples taken in relation to the waters shall be analysed using the relevant reference methods of measurement specified in column (3) of the Schedule or other methods which have limits of detection, precision and accuracy at least as good.

S-4 Modification of section 30C of the Control of Pollution Act 1974

Modification of section 30C of the Control of Pollution Act 1974

4. Section 30C of the Control of Pollution Act 1974 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 DS3 to all relevant territorial waters, coastal waters and inland waters; and

(b) in relation to the establishment of water quality objectives in pursuance of that duty, subsections (4) and (5) of that section were omitted.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

St.

Edinburgh

9th March 1992

SCHEDULE

Regulations 2(2), 3(2) and (3)

CLASSIFICATION OF RELEVANT TERRITORIAL WATERS, COASTAL...

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