The Bathing Water Regulations 2008 (revoked)

Regulation 2

SCHEDULE 1 DEFINITIONS FROM THE WATER FRAMEWORK DIRECTIVE

• “Body of surface water” means a discrete and significant element of surface water such as a lake, a reservoir, a stream, river or canal, part of a stream, river or canal, a transitional water or a stretch of coastal water.

• “Coastal water” means surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured M1 , extending where appropriate up to the outer limit of transitional waters.

• “Groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.

• “Inland water” means all standing and flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of the territorial sea is measured.

• “Lake” means a body of standing inland surface water.

• “River” means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course.

• “Surface water” means inland waters, except groundwater; transitional waters and coastal waters except in respect of chemical status for which it shall also include territorial waters.

• “Transitional waters” are bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows.

Marginal Citations

M1 The relevant baseline, for the purposes of this definition and the definition of “inland water”, is that from which the breadth of the territorial sea is measured and is established by section 1 of the Territorial Sea Act 1987 (c. 49) and the Territorial Waters Order in Council (1965 III, p. 6452A).

Regulation 7

SCHEDULE 2 BATHING WATER PROFILES

Contents

1.—(1) Every bathing water profile must—

(a) contain a description of the physical, geographical and hydrological characteristics of—

(i) the bathing water; and

(ii) any other surface water in the catchment area of the bathing water where the surface water could be a source of pollution for the bathing water;

(b) identify and assess the causes of pollution that might affect bathing water quality and pose a risk to bathers' health;

(c) assess the potential for cyanobacterial proliferation;

(d) assess the potential for the proliferation of macro-algae or phytoplankton; and

(e) identify the location of the monitoring point.

(2) The information in sub-paragraph (1)(a) and (b) must be detailed on a map whenever practicable.

Review

2.—(1) Where a bathing water is classified as “poor”, “sufficient” or “good” under regulation 11, the [F1 appropriate agency] must review, and if necessary update, the bathing water profile—

(a) taking into account the nature and severity of the pollution which affects the bathing water; and

(b) at the following minimum frequency—

(i) “poor” classification, every two years;

(ii) “sufficient” classification, every three years; and

(iii) “good” classification, every four years.

(2) Where there are significant construction works or infrastructure changes in or around a bathing water, the [F1 appropriate agency] must review the bathing water profile before the start of the next bathing season.

Textual Amendments

F1 Words in Sch. 2 para. 2 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 298 (with Sch. 7)

Regulation 8

SCHEDULE 3 MONITORING ETC.

PART 1 INTESTINAL ENTEROCOCCI AND ESCHERICHIA COLI

Location of monitoring point

1.  The [F2 appropriate agency] must—

(a) at every bathing water, locate the monitoring point where most bathers are expected; and

(b) subject to paragraph 7, where possible, take samples 30 centimetres below the water's surface and in water that is at least one metre deep.

Textual Amendments

F2 Words in Sch. 3 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 298 (with Sch. 7)

Monitoring calendar

2.—(1) The [F2 appropriate agency] must—

(a) establish a monitoring calendar for every bathing water before the start of every bathing season; and

(b) take samples at every bathing water no later than four days after the date specified in the monitoring calendar.

(2) In relation to any abnormal situation—

(a) the [F2 appropriate agency] may suspend the monitoring calendar for the duration of the situation; and

(b) as soon as possible after the end of the situation, the [F2 appropriate agency] must take sufficient additional samples to replace those missing due to the suspension and to ensure that it has the minimum number required for the bathing water for the bathing season.

Textual Amendments

F2 Words in Sch. 3 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 298 (with Sch. 7)

Frequency of monitoring

3.  The [F2 appropriate agency] must—

(a) take and analyse at least four samples from every bathing water in relation to every bathing season;

(b) take the first such sample for every bathing season shortly before the start of that season; and

(c) take samples from every bathing water throughout the bathing season at intervals not exceeding one month.

Textual Amendments

F2 Words in Sch. 3 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 298 (with Sch. 7)

Sampling equipment

4.—(1) Subject to paragraph 7, the [F2 appropriate agency] must only use sampling bottles which—

(a) have been—

(i) sterilised in an autoclave for at least 15 minutes at 121 degrees Celsius;

(ii) dry sterilised at no lower than 160 degrees Celsius and no higher than 170 degrees Celsius for at least one hour; or

(iii) irradiated by their manufacturer and not used previously;

(b) are of a size which allows sufficient water to be taken and analysed for the presence of intestinal enterococci and Escherichia coli; and

(c) are made of transparent and colourless material.

(2) The [F2 appropriate agency] must—

(a) use aseptic techniques to maintain the sterility of the sample bottles; and

(b) clearly identify every sample taken by marking in indelible ink the sample bottle and associated paperwork.

Textual Amendments

F2 Words in Sch. 3 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 298 (with Sch. 7)

Storage and transport of samples before analysis

5.—(1) Subject to paragraph 7, the [F2 appropriate agency] must—

(a) at all times, protect every sample taken from exposure to light, and in particular, direct sunlight; and

(b) conserve every sample at a temperature of around 4 degrees Celsius between sampling and laboratory analysis.

(2) In relation to any sample, if the interval between sampling and laboratory analysis is likely to exceed four hours, the [F2 appropriate agency] must conserve the sample in a refrigerator.

(3) The [F2 appropriate agency ] must ensure that the time between sampling and laboratory analysis does not exceed 24 hours and must use its best endeavours to keep this time as short as possible.

Textual Amendments

F2 Words in Sch. 3 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 298 (with Sch. 7)

Reference methods of analysis

6.  Subject to paragraph 7, the [F2 appropriate agency] must use the following reference methods of analysis—

(a) for intestinal enterococci, ISO 7899-1 or ISO 7899-2; and

(b) for Escherichia coli, ISO 9308-3 or ISO 9308-1.

Textual Amendments

F2 Words in Sch. 3 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 298 (with Sch. 7)

General provisions in relation to rules or reference methods of analysis

7.  The [F2 appropriate agency]—

(a) must have regard to the guidelines on the handling of samples for microbiological analyses given in Annex V to the Bathing Water Directive; and

(b) may use such rules or reference methods of analysis as it considers are substantively equivalent to those specified in this Schedule, where the [F2 appropriate agency] has notified the appropriate Minister giving details of such rules and methods and their equivalence.

Textual Amendments

F2 Words in Sch. 3 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 298 (with Sch. 7)

PART 2 CYANOBACTERIA

8.  Where any bathing water profile indicates a potential for cyanobacterial proliferation, the [F2 appropriate agency] must undertake appropriate monitoring at the bathing water at the frequency necessary to allow adequate management measures to be put in place in accordance with regulation 12.

Textual Amendments

F2 Words in Sch. 3 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 298 (with Sch. 7)

PART 3 MACRO-ALGAE AND MARINE PHYTOPLANKTON

9.  Where any bathing water profile indicates a tendency for proliferation of macro-algae or marine phytoplankton, the [F2 appropriate agency] must undertake investigations at the bathing water to allow adequate management measures to be put in place in accordance with regulation 12.

Textual Amendments

F2 Words in Sch. 3 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 298 (with Sch. 7)

PART 4 WASTE

10.  The [F2 appropriate agency] must undertake visual inspections at every bathing water at the frequency necessary to allow adequate management measures to be put in place in accordance with regulation 12.

Textual Amendments

F2 Words in Sch. 3 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 298 (with Sch. 7)

Regulation 11

SCHEDULE 4 CLASSIFICATION

Standards

1.  The [F3 appropriate agency] must use the following standards for classification—

Standards for inland waters

1 Colony forming units per 100 millilitres (“cfu/100 ml”).
2 Based upon a 95-percentile evaluation – see paragraph 2.
3 Based upon a 90-percentile evaluation – see paragraph 2.
Parameter	“Excellent”	“Good”	“Sufficient”
Intestinal enterococci1	2002	4002	3303
Escherichia coli1	5002	1,0002	9003

Standards for coastal and transitional waters

1 Colony forming units per 100 millilitres (“cfu/100 ml”).
2 Based upon a 95-percentile evaluation – see paragraph 2.
3 Based upon a 90-percentile evaluation – see paragraph 2.
Parameter	“Excellent”	“Good”	“Sufficient”
Intestinal enterococci1	1002	2002	1853
Escherichia coli1	2502	5002	5003

Textual Amendments

F3 Words in Sch. 4 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 298 (with Sch. 7)

Methodology

2.—(1) In this Schedule, “percentile value” is based on a percentile evaluation of the log₁₀ normal probability density function of microbiological data used for the assessment under regulation 10.

(2) The [F3 appropriate agency] must derive a percentile value as follows—

(a) take the log₁₀ value of all bacterial concentrations in the data sequence to be evaluated or, if a zero value is obtained, take the log₁₀ value of the minimum detection limit of the analytical method used;

(b) calculate the arithmetic mean (“μ”) of the log₁₀ values taken under paragraph (a);

(c) calculate the standard deviation (“σ”) of the log₁₀ values taken under paragraph (a);

(d) derive the upper 90-percentile point of the data probability density function from the following equation: upper 90-percentile = antilog (μ + 1.282 σ); and

(e) derive the upper 95-percentile point of the data probability density function from the following equation: upper 95-percentile = antilog (μ + 1.65 σ).

Textual Amendments

F3 Words in Sch. 4 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 298 (with Sch. 7)

Classification

3.—(1) At the end of every bathing season, the [F3 appropriate agency] must classify a bathing water as “poor” if, in the set of bathing water quality data used, the percentile values for microbiological concentrations are higher than the “sufficient” standards set out in paragraph 1.

(2) At the end of every bathing season, the [F3 appropriate agency] must classify a bathing water as “sufficient” if—

(a) in the set of bathing water quality data, the percentile values for microbiological concentrations are equal to or lower than the “sufficient” standards set out in paragraph 1; and

(b) the bathing water is not classifiable as “good” or “excellent”.

(3) At the end of every bathing season, the [F3 appropriate agency] must classify a bathing water as “good” if—

(a) in the set of bathing water quality data, the percentile values for microbiological concentrations are equal to or lower than the “good” standards set out in paragraph 1; and

(b) the bathing water is not classifiable as “excellent”.

(4) At the end of every bathing season, the [F3 appropriate agency] must classify a bathing water as “excellent” if, in the set of bathing water quality data used, the percentile values for microbiological concentrations are equal to or lower than the “excellent” standards set out in paragraph 1.

Textual Amendments

F3 Words in Sch. 4 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 298 (with Sch. 7)