The Surface Waters (Dangerous Substances) (Classification) Regulations 1998

• Citation: S.I. 1998/389
• Sections: 9

Section 1 Citation and commencement

These Regulations may be cited as the Surface Waters (Dangerous Substances) (Classification) Regulations 1998 and shall come into force on 25th March 1998.

Section 2 Classification of inland freshwaters

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

Section 3 Classification of coastal waters and relevant territorial waters

The classification DS7 and the criteria for that classification set out in Schedule 2 to these Regulations shall apply for classifying coastal waters and relevant territorial waters with a view to reducing the pollution of those waters by the dangerous substances listed in that Schedule.

Section 4 Sampling

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.

Section 5 Modification of section 83 of the Water Resources Act 1991

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.

Section 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.

Section 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.

Section 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).

Section 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.