S.I. No. 84/1988 - European Communities (Quality of Bathing Water) Regulations, 1988.

S.I. No. 84 of 1988.

EUROPEAN COMMUNITIES (QUALITY OF BATHING WATER) REGULATIONS, 1988.

The Minister for the Environment in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 8th December, 1975 (No. 76/160/EEC)* hereby makes the following Regulations:

*OJ No. L31/1, 5 February, 1976.

1 Citation.

1. These Regulations may be cited as the European Communities (Quality of Bathing Water) Regulations, 1988.

2 Interpretation

2. In these Regulations:—

any reference to a Schedule or article which is not otherwise identified is a reference to a Schedule or article of these Regulations;

any reference to a sub-article or paragraph which is not otherwise identified is a reference to a sub-article or paragraph of the provision in which the reference occurs;

"local authority" means a local authority specified in Column 3 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 practiced 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) Deviations from the standards referred to in sub-article (1) shall not be taken into consideration in determining conformity with these Regulations 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 1 of the Second Schedule shall be carried out at intervals of not more than two weeks.

( b ) Where sampling undertaken during the preceeding 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, arising from an investigation or sampling under this article, there are 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 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 under this article and reports on compliance with the standards specified in the Second Schedule shall be given to the Minister as soon as may be after the 31st day of August in each year.

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) in the case of the parameters pH, colour and transparency where exceptional weather or geographical conditions have arisen;

(b) where deviations from the standards have arisen because the water concerned has undergone natural enrichment from the soil, without human intervention.

(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.

(5) A departure under this article shall not constitute a public health hazard.

6 Results of sampling.

6. (1) Each 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.

FIRST SCHEDULE

BATHING AREAS

Column 1	Column 2
Bathing Area	Responsible local authority
Cappagh Pier and beach at Kilrush	Clare County Council
The beach at Kilkee
The beach at Lahinch

The beach at Barley Cove	Cork County Council
The beach at Fountainstown
The main beach at Youghal

The beach at Marble Hill	Donegal County Council
The beach at Portnablagh
The beach at Portsalon
The beach at Rossnowlagh

The beach at Donabate	Dublin County Council
The beach at Portmarnock
The beach at Portrane
The beach at Skerries
Burrow Beach at Sutton

The beach at Na Forbacha	Galway County Council
The beach at An Cnoc, Spiddal
The beach at An Spideal

White Strand at Ballybunion	Kerry County Council
The beach at Ballyheigue
Banna Strand
White Strand at Rossbeigh

The beach at Clogherhead	Louth County Council
The beach at Seapoint

The beach at Bertra	Mayo County Council
The beach at Carrawmore
The beach at Keel, Achill
The beach at Keem, Achill
The beach at Old Head, Louisburgh
The beach at Mulranny
Ross Strand, Killala
Silver Strand, Louisburgh

The beach at Laytown/Bettystown	Meath County Council

The beach at Enniscrone	Sligo County Council
The beach at Mullaghmore
The beach at Rosses Point

The beach at Ardmore	Waterford County Council
The beach at Bonmahon
The beach at Clonea
Dunmore and Counsellors' Strands at Dunmore East
The beach at Tramore

The North beach at Courtown	Wexford County Council
The beach at Curracloe
The beach at Duncannon
The beach at Rosslare Strand

The beach at Brittas Bay	Wicklow County Council
The beach at Silver Strand

Dollymount Strand	Dublin Corporation

The beach at Salthill	Galway Corporation
Silver Strand, Galway

The beach at Killiney	Dun Laoghaire Corporation

SECOND SCHEDULE

BATHING WATER QUALITY STANDARDS

Part I

Column 1	Column 2	Column 3
Parameter	Unit of Measurement	Standard
Total coliforms	No./100ml	≤ 5,000
		(To be conformed with by 80% of samples and not to be exceeded by any two consecutive samples)
Faecal coliforms	No./100ml	≤ 1,000
		(To be conformed with by 80% of samples and not to be exceeded by any two consecutive samples)
Colour		No abnormal change in colour.
		(To be conformed with in 95% of inspections of bathing water. No two consecutive inspections to fail standard).
Mineral oils	mg/litre	No film visible on the surface of bathing water and no odour.
		(To be conformed with in 95% of inspections of bathing water. No two consecutive inspections to fail standard).
Surface active substances reacting with methylene blue	mg/litre (lauryl-sulfate)	No lasting foam. (To be conformed with in 95% of inspections of bathing water. No two consecutive inspections to fail standard).
Phenols (phenol indices)	mg/litre C₄H₃OH	≤ 0.05 and no specific odour.
		(To be conformed with by 95% of samples and not to be exceeded by any two consecutive samples. No sample to exceed 0.075)
Transparency	metres/depth	≥ 1
		(To be conformed with in 95% of inspections of bathing water. No two consecutive inspections to fail standard. Transparency never to be less than 0.5).
Tarry residues. Floating materials such as wood, plastic articles, bottles, containers of glass, plastic, rubber and other sub-stances. Waste or splinters.		No offensive presence.
	(To be conformed with in 95% of inspections of bathing water. No two consecutive inspections to fail standard).
Faecal streptococci	No./100ml	≤ 300
		(To be conformed with by 95% of samples and not to be exceeded by any two consecutive samples)
Salmonella	No./litre	0
		(To be conformed with by 95% of samples and not to be exceeded by any two consecutive samples)
Entero viruses	PFU/10 litres	0
		(To be conformed with by 95% of samples and not to be exceeded by any two consecutive samples)
pH		≥ 6 and ≤ 9
		(To be conformed with by 95% of samples. No two consecutive samples to fall outside the range.)
Dissolved Oxygen		≥70 and ≤ 120
	%
	saturation
	0²
		(To be conformed with by 95% of samples. No two consecutive samples to fall outside the range).

THIRD SCHEDULE

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.

Cyanides

Nitrates

Phosphates

Ammonia

Nitrogen Kjeldahl

FOURTH SCHEDULE

METHODS OF ANALYSIS AND INSPECTION

Parameter	Method of analysis and inspection
Total coliforms Faecal coliforms	Fermentation in multiple tubes. Subculturing of the positive tubes on a confirmation medium. Count according to MPN (most probable number) or membrane filtration and culture on an appropriate medium such as Tergitol lactose agar, endo agar, 0.4% Teepol broth, subculturing and identification of the suspect colonies.
Colour	Visual inspection or photometry with standards on the Pt. Co scale.
Mineral oils	Visual and olfactory inspection or extraction using an adequate volume and weighing the dry residue.
Surface-active substances reacting with methylene blue	Visual inspection or absorption spectrophotometry with methylene blue.
Phenols (phenol indices)	Verification of the absence of specific odour due to phenol or absorption spectrophotometry 4-aminoantipyrine (4 AAP) method.
Transparency	Secchi's disc.
Tarry residues. Floating materials such as wood, plastic articles, bottles, containers of glass, plastic, rubber or any other substance. Waste or splinters.	Visual inspection.
Faecal Streptococci	Litsky method. Count according to MPN (most probable number) or filtration on membrane. Culture on an appropriate medium.
Salmonella	Concentration by membrane filtration. Inoculation on a standard medium. Enrichment — subculturing on isolating agar — identification.
Enteroviruses	Concentrating by filtration, flocculation or centrifuging and confirmation.
pH	Electrometry with calibration at pH 7 and 9.
Dissolved oxygen	Winkler's method or electrometric method (oxygen meter).
Pesticides (parathion, HCH, dieldrin)	Extraction with appropriate solvents and chromatographic determination.
Heavy metals such as: Arsenic Cadmium Chrome VI Lead Mercury	Atomic absorption possibly preceded by extraction.
Cyanides	Absorption spectrophotometry using a specific reagent.
Nitrates and phosphates	Absorption spectrophotometry using a specific reagent.
Ammonia	Absorption spectrophotometry, Nessler's method, or indophenol blue method.
Nitrogen Kjeldahl	Kjeldahl method.

GIVEN under the Official Seal of the Minister for the Environment this 4th day of May, 1988.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations prescribe bathing water quality standards and the bathing areas to which they apply, together with the sampling programmes and the methods of analysis and inspection to be used by local authorities to determine compliance with the standards. The Regulations 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.