1997 No. 489
The Surface Waters (Shellfish) (Classification) Regulations (Northern Ireland) 1997
Made
Coming into operation
The Department of the Environment, in exercise of the powers conferred on it by section 4B of the Water Act (Northern Ireland) 19721 and now vested in it2, section 56B of the Water and Sewerage Services (Northern Ireland) Order 19733 and, being a department designated4 for the purposes of section 2(2) of the European Communities Act 19725 in relation to measures relating to the prevention, reduction and elimination of pollution of water, in exercise of the powers conferred on it by that section and of every other power enabling it in that behalf, hereby makes the following Regulations:
Citation and commencement1
These Regulations may be cited as the Surface Waters (Shellfish) (Classification) Regulations (Northern Ireland) 1997 and shall come into operation on 5th January 1998.
Interpretation2
1
In these Regulations—
“the Department” means the Department of the Environment; and
“pollution control functions” means the Department’s functions under or by virtue of the following enactments, that is to say—
- a
the Water Act (Northern Ireland) 1972;
- b
the Water and Sewerage Services (Northern Ireland) Order 1973;
- c
Regulations made by virtue of section 2(2) of the European Communities Act 1972, to the extent that the Regulations relate to pollution of water.
- a
2
Expressions used in these Regulations which are also used in Directive 79/923/EEC6 (quality required of shellfish waters) shall have the same meaning as in that Directive.
3
The Interpretation Act (Northern Ireland) 19547 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
Classification of waters3
The classifications SFW and the criteria for that classification set out in Schedule 1 shall apply for classifying waters which are coastal or brackish waters which need protection or improvement in order to support shellfish (bivalve and gastropod mollluscs) life and growth and thus contribute to the high quality of shellfish products directly edible by man.
Compliance with relevant requirements4
1
Subject to paragraphs (2) and (3), any waters classified under these Regulations shall be treated in relation to any period of 12 months as complying with the requirements specified in Schedule 1 for any parameter if in that period in relation to those waters—
a
in the case of the parameter for organohalogenated substances or metals, 95 per cent of the samples taken for that parameter in accordance with regulation 7 comply with the requirements;
b
in the case of the parameter for salinity or dissolved oxygen,100 per cent of the samples taken for that parameter in accordance with regulation 7 comply with the requirements;
c
in the case of any other parameter, 75 per cent of the samples taken for that parameter in accordance with regulation 7 comply with the requirements.
2
Where in accordance to regulation 7(5) the frequency of sampling is reduced in relation any waters classified under these Regulations, 100 per cent of samples taken for each parameter in accordance with regulation 7 in relation to those waters must comply with the requirements specified in Schedule 1.
3
Non-compliant samples shall be ignored for the purposes of paragraphs (1) and (2) if they are the result of a disaster.
Guideline values and no deterioration principle5
In discharging its pollution control functions in relation to any waters classified under these Regulations, the Department shall—
a
endeavour to respect the guideline values and comments specified in Schedule 2; and
b
take into account the principle that implementation of measures taken pursuant to Directive 79/923/EEC may on no account lead, either directly or indirectly, to increased pollution of coastal or brackish waters.
Compliance with standards6
1
Subject to paragraphs (2) and (3), any waters classified under these Regulations shall be treated in relation to any period of 12 months as complying with any standard for any parameter adopted as a result of regulation 5 if in period in relation to those waters—
a
in the case of the parameter for organohalogenated substances or metals, 100 per cent of of the samples taken for that parameter in accordance with regulation 7 comply with the standard;
b
in the case of the parameter for salinity or dissolved oxygen, 95 per cent of the samples taken for that parameter in accordance with regulation 7 comply with that standard;
c
in the case of any other parameter, 75 per cent of the samples taken for that parameter in accordance with regulation 7 comply with the standard.
2
Where in accordance with regulation 7 the frequency of sampling is reduced in relation to any waters classified under these Regulations, 100 per cent of samples taken for each parameter in accordance with regulation 7 in relation to those waters must comply if it is to be treated as meeting the standard adopted as a result of regulation 5.
3
Non-compliant samples shall be ignored for the purposes of paragraphs (1) and (2) if they are the result of a disaster.
Sampling and analysis7
1
The Department shall ensure that waters classified under these Regulations are sampled and samples are analysed in accordance with the following provisions of this Regulation.
2
Samples in relation to any waters classified under these Regulations shall always be taken at the same sampling point.
3
The Department shall fix the exact position of the sampling point, and the depth at which samples are to be taken, having regard in particular to —
a
the distance of the sampling point to the nearest point where pollutants are discharged; and
b
local environmental conditions.
4
Subject to paragraphs (5) and (6), sampling for any parameter shall be carried out at least at the minimum frequency specified in the Schedules in relation to that parameter.
5
Where the Department’s records show that the quality of any waters classified under these Regulations is appreciably higher than the minimum required by these Regulations and the standards adopted as a result of regulation 5, the Department may reduce the sampling frequency for that parameter or, if there is no pollution and no risk of deterioration of their quality, it may dispense with sampling for that parameter altogether.
6
Where sampling shows that the requirements of regulation 4, or the standards adopted as a result of regulation 5 are not being met, the Department shall establish whether this is the result of chance, a natural phenomenon or pollution and shall adopt appropriate measures.
7
Samples for any parameter shall be analysed using the reference methods of analysis specified in the Schedules in relation to that parameter or methods which are at least as reliable as the reference methods.
Derogations8
The Department may derogate from the requirements of these Regulations in the event of exceptional weather or geographical conditions.
Modification of section 4C of the Water Act (Northern Ireland) 19729
Section 4C of the Water Act (Northern Ireland) 1972 shall have effect—
a
as if it imposed a duty on the Department to exercise the powers conferred on it by that section to classify under these Regulations such waters as are appropriate to give effect to Directive 79/923/EEC; and
b
in relation to the performance of that duty, as if subsections (4), (5) and (7) of that section were omitted.
Programmes10
The Department shall establish programmes in order to reduce pollution and to ensure that waters classified under these Regulations conform, within 6 years following classification, to the criteria contained in Schedule 1 and the values adopted as a result of regulation 5.
Transfrontier consultation11
1
Where the Department considers classifying coastal and brackish waters in the immediate vicinity of the frontier with the Republic of Ireland, it shall consult with the competent authorities of that State in order to determine the stretches of such waters which should be classified for the purposes of these Regulations and the consequences to be drawn from the establishment of common quality objectives.
2
The consequences referred to in paragraph (1) shall be determined by each State after formal consultations and the Commission may participate in any such consultations.
Sealed with the Official Seal of the Department of the Environment on
SCHEDULE 1Criteria for classification of waters as shellfish waters
No in Annex 1 to 79/923/EEC | Parameter | Units | Requirements to be satisfied | Reference methods of analysis | Minimum sampling and measuring frequency |
---|---|---|---|---|---|
1. | pH | pH unit | ≥7 and ≤9 | — electrometry Measured in situ at the time of sampling | Quarterly |
3. | Coloration (after filtration) | mg Pt/1 | A discharge affecting shell- fish waters must not cause the colour of the waters after filtration to deviate by more than 10 mg Pt/1 from the colour of waters not so affected. | — Filter through a 0.45 um membrane Photometric method, using the platinum/cobalt scale | Quarterly |
4. | Suspended solids | mg/1 | A discharge affecting shell- fish waters must not cause the suspended solids content of the water to exceed by more than 30% the content of waters not so affected | Filtration through a 0.45 μm membrane, drying at 105°C and weighing — Centrifuging (for at least 5 minutes, with mean acceleration 2,800 to 3,200g), drying at 105°C and weighing | Quarterly |
5. | Salinity | ‰ | ≤40‰ — A discharge affecting shellfish waters must not cause their salinity to exceed by more than 10% the salinity of waters not so affected | Conductivity | Monthly |
6. | Dissolved oxygen | saturation % | ≥70% (average value) Should an individual measurement indicate a value lower than 70%, measurements shall be repeated An individual measurement may not indicate a value of less than 60% unless there are no harmful consequences for the development of shellfish colonies | — Winkler’s method — Electrochemical method | Monthly, with a minimum of 1 sample represent- ative of low oxygen conditions on the day of sampling. However, where major daily variations are suspected, a minimum of 2 samples in 1 day shall be taken |
7. | Petroleum hydrocarbons | Hydrocarbons must not be present in the shellfish water in such quantities as to:
| Visual examination | Quarterly | |
8. | Organohalo- genated substances | The concentration of each substance in the shellfish waters or in shellfish flesh must not reach or exceed a level which has harmful effects on the shellfish and their larvae | Gas chromatography after extraction with suitable solvents and purification | Half-yearly | |
9. | Metals
| mg/1 | The concentration of each substance in the shellfish waters or in the shellfish flesh must not exceed a level which gives rise to harmful effects on the shellfish and their larvae The synergic effects of these metals must be taken into consideration | Spectrometry of atomic absorption preceded, where appropriate, by concentration and/or extraction | Half-yearly |
11. | Substances affecting the taste of shellfish | Concentration should be lower than that which is liable to impair the taste of the shellfish | Examination of the shellfish by tasting where the presence of one of these substances is presumed |
SCHEDULE 2Guideline values in relation to the quality of shellfish waters
No in Annex 1 to 79/923/EEC | Parameter | Units | Guideline values and comments | Reference methods of analysis | Minimum sampling and measuring frequency |
---|---|---|---|---|---|
2. | Temperature | °C | A discharge affecting shellfish waters must not cause the temperature of the water to exceed by more than 2°C the temperature of waters not so affected | — Thermometry Measured in situ at the time of sampling | Quarterly |
5. | Salinity | ‰ | 12 to 38‰ | Conductivity | Monthly |
6. | Dissolved oxygen | saturation % | ≥80% |
| Monthly, with a minimum of 1 sample representative of low oxygen conditions on the day of sampling. However, where major daily variations are suspected, a minimum of 2 samples in 1 day shall be taken |
8. | Organohalo- genated substances | The concentration of each substance in shellfish flesh must be so limited that in contributes, in accordance with Article 1 of Directive 79/923/EEC, to the high quality of shellfish products | Gas chromatography after extraction with suitable solvents and purification | Half-yearly | |
9. | Metals
| mg/1 | The concentration of each substance in shellfish flesh must be so limited that it contributes in accordance with Article 1 of Directive 79/923/EEC, to the high quality of shellfish products | Spectrometry of atomic absorption preceded, where appropriate, by concentration and/or extraction | Half-yearly |
10. | Faecal coliforms | ≤300 in the shellfish flesh and intervalvular liquid | Method of dilution with fermentation in liquid substrates in at least 3 tubes in 3 dilutions. Subculturing of the positive tubes on a confirmation medium. Count according to MPN (most probable number). Incubation temperature 44° ± 0.5°C | Quarterly |
(This note is not part of the Regulations.)