S.I. No. 155/1992 - Quality of Bathing Waters Regulations, 1992.
S.I. No. 155 of 1992.
QUALITY OF BATHING WATERS REGULATIONS, 1992.
In exercise of the powers conferred on the Minister for the Environment by section 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977) and by section 26 of that Act as amended by the Local Government (Water Pollution) (Amendment) Act, 1990 (No. 21 of 1990), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Orders, 1992 ( S.I. No. 136 of 1992 ), I, MARY HARNEY, Minister of State at the Department of the Environment, hereby make the following Regulations:
1. These Regulations may be cited as the Quality of Bathing Waters Regulations, 1992.
2. In these Regulations:—
a reference to a Schedule or article which is not otherwise identified is a reference to a Schedule or article of these Regulations;
a reference to a sub-article or paragraph which is not otherwise identified is a reference to a subarticle or paragraph of the provision in which the reference occurs;
"local authority" means a local authority specified in Column 2 of the First Schedule;
"the Minister" means the Minister for the Environment;
"sampling" includes inspection, measurement, monitoring and analysis.
3 Bathing Water Quality Standards
3. (1) Waters in which bathing is practised at the bathing areas specified in the First Schedule shall meet the quality standards specified in the Second Schedule on the basis of and subject to the conditions so specified.
(2) In determining conformity with these Regulations deviations from the standards referred to in sub-article (1) shall not be taken into consideration where the deviations are the result of floods, other natural disasters or abnormal weather conditions.
4 Investigation and Sampling of Bathing Waters
4. (1) A local authority shall, for each bathing area for which they are declared in column 2 of the First Schedule to be the responsible local authority:
( a ) conduct, and repeat periodically, investigations of conditions which may affect the quality of waters so as to obtain relevant data and to determine the volume and nature of all polluting and potentially polluting discharges and their effects on waters at the bathing area, and
( b ) carry out, or cause to be carried out, sampling of bathing water in accordance with this article.
(2) Sampling locations shall be determined by the local authority so as to correspond to the places where the daily average density of bathers is highest.
(3) Samples shall be taken 30 cm below the surface of the water except for mineral oil samples, which shall be taken at surface level.
(4) Sampling operations shall begin in mid-May each year and shall continue until the end of August.
(5) ( a ) Subject to paragraphs (b) and (c), sampling in relation to the parameters specified in Part I of the Second Schedule shall be carried out at intervals of not more than two weeks.
( b ) Where sampling undertaken during the preceding two years in relation to any of the parameters referred to in paragraph (a) has produced results which are appreciably better than the standard specified in Column 3 of the Second Schedule and when no new factor likely to lower the quality of water has appeared, sampling may be conducted at intervals of up to four weeks in relation to the parameter concerned.
( c ) Additional sampling operations in respect of the parameters specified in Part I of the Second Schedule shall be undertaken where an investigation or sampling under this article shows, or where there are other grounds for believing, that there has been a deterioration in the quality of waters to which article 3 (1) applies or that there is, or appears to be, a discharge of substances likely to lower the quality of such waters.
(6) Sampling in relation to—
( a ) a parameter specified in Part II of the Second Schedule,
( b ) a substance specified in the Third Schedule,
shall be carried out where an investigation under this article shows, or where there are other grounds for believing, that there has been a deterioration in respect of the parameter or substance in the quality of waters to which article 3 (1) applies or, in the case of nitrogen Kjeldahl and ammonia, that there is a tendency towards eutrophication.
(7) ( a ) As far as practicable, a local authority shall use the methods of analysis and inspection specified in the Fourth Schedule.
( b ) Where other methods of analysis are used, a local authority shall ensure that the results obtained are equivalent to, or comparable with, results obtained by the methods specified in the Fourth Schedule.
(8) The Minister may from time to time issue recommendations to local authorities in relation to the performance of their functions under this article and local authorities shall have regard to any such recommendations.
(9) Results of sampling carried out each year under this article and reports on compliance with the standards specified in the Second Schedule shall be supplied by the local authority to the Minister not later than the 31st day of October in the year to which they relate.
5 Duty of Local Authority to Ensure Compliance with Standards
5. (1) Where waters at a bathing area described in the First Schedule do not comply with the standards referred to in article 3 (1), the local authority shall:
( a ) give such public notice of that fact as it considers appropriate, and
( b ) take the necessary measures to ensure that the standards are complied with, unless a departure has been granted under sub-article (2).
(2) A departure from the standards referred to in article 3 (1) may be granted to a local authority by the Minister—
( a ) where deviations from the standards have arisen because the water concerned has undergone natural enrichment from the soil without human intervention, and
( b ) in the case of the parameters pH, colour and transparency, where exceptional weather or geographical conditions have arisen.
provided that such a departure would not constitute a public health hazard in any case.
(3) An application for a departure under this article shall contain such information as may be specified by the Minister.
(4) The granting of a departure shall be subject to such conditions, if any, as the Minister may specify and shall have effect for such period as may be specified by the Minister.
6 Results of Sampling
6. (1) A local authority shall establish and maintain a register of the results of sampling carried out under article 4.
(2) The register shall be kept at the offices of the local authority and shall be made available for inspection by any person during office hours.
(3) A local authority shall arrange to display or otherwise to make available for public inspection at or near the bathing areas to which they relate—
( a ) the results of sampling carried out under article 4 during the year concerned, and
( b ) a map showing the location of the sampling point used.
(4) A local authority shall ensure that the results displayed or otherwise made available under sub-article (3) are updated regularly during the period when sampling is carried out under article 4 and, in any event, at intervals not exceeding four weeks.
BATHING WATER QUALITY STANDARDS
Substances in respect of which sampling is required in certain circumstances.
Pesticides (parathion, HCH, dieldrin).
Heavy Metals such as arsenic, cadmium, chrome VI, lead, mercury.
METHODS OF ANALYSIS AND INSPECTION
Dated this 22nd day of June, 1992.
Minister of State at the Department
of the Environment.
These Regulations prescribe bathing water quality standards and the bathing areas to which they apply, together with the sampling programmes, arrangements for the display of results and the methods of analysis and inspection to be used by local authorities to determine compliance with the standards. The Regulations, which give effect to Council Directive No. 76/160/EEC of 8 December, 1975 (O.J. No. L31/1, 5 February, 1976) concerning the quality of bathing water, replace the European Communities (Quality of Bathing Water) Regulations, 1988 and the European Communities (Quality of Bathing Water) (Amendment) Regulations, 1989, which previously provided the basis for implementation of the Directive. The new Regulations extended the bathing water quality standards, sampling and other requirements to 94 bathing areas.