Council Directive of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC (86/280/EEC) (repealed)

ANNEX I U.K. GENERAL PROVISIONS

This Annex is divided into three headings which set out the general provisions applicable to all the substances concerned:

• A: limit values for emission standards,

• B: quality objectives,

• C: reference methods of measurement.

The general provisions are amplified and supplemented in Annex II by a series of specific provisions applicable to individual substances.

HEADING A Limit values, dates set for compliance therewith and procedures for monitoring discharges U.K.

1.

The limit values and the dates set for compliance therewith are set out in Annex II, under heading A, in respect of the different types of industrial plant concerned.

2.

The quantities of substances discharged are expressed in terms of the quantity of substances produced, processed or used by the industrial plant during the same period or, in accordance with Article 6 (1) of Directive 76/464/EEC, of another parameter characteristic of that activity.

3.

Limit values for industrial plants which discharge substances referred to in Article 2 (a) and which are not mentioned under heading A in Annex II will, where necessary, be determined by the Council at a later stage. Meanwhile, the Member States will independently set, in accordance with Directive 76/464/EEC, emission standards for discharges of such substances. Such standards must take into account the best technical means available and must not be less stringent than the most nearly comparable limit value set out under heading A in Annex II.

This paragraph will also apply where an industrial plant has activities other than those for which limit values have been set under heading A in Annex II and which are likely to be a source of discharges of the substances referred to in Article 2 (a).

4.

Limit values expressed as concentrations which, in principle, must not be exceeded are given in Annex II under heading A, in respect of the industrial plants concerned. In no instance may limit values expressed as maximum concentrations, when they are not the only values applicable, be greater than limit values expressed by weight divided by water requirements per element characteristic of the polluting activity. However, because the concentration of these substances in effluents depends on the volume of water involved, which varies for different processes and plants, the limit values expressed in terms of the weight of the substances discharged in relation to the parameters characteristic of the activity given under heading A in Annex II, must be complied with in all cases.

5.

A monitoring procedure must be instituted to check whether the discharges of the substances referred to in Article 2 (a) comply with the emission standards.

This procedure must provide for the taking and analysis of samples and for measurement of the flow of the discharge and the quantity of substances handled or, where appropriate, measurement of the parameters characteristic of the activity causing pollution as listed in Annex II, heading A.

In particular, should the quantity of substances handled be impossible to determine, the monitoring procedure may be based on the quantity of substances that may be used as a function of the production capacity on which the authorization was based.

6.

A sample representative of the discharge over a period of 24 hours must be taken. The quantity of substances discharged over one month must be calculated on the basis of the daily quantities of substances discharged.

Annex II may, however, lay down for discharges of certain substances quantitative thresholds below which the Member States may apply a simplified monitoring procedure.

7.

The sampling and flow measurement provided for in paragraph 5 shall normally be effected at the points of application of the limit values provided for in Article 3 (2).

However, where necessary to ensure that the measurements comply with the requirements of heading C of the Annexes, a Member State may allow the sampling and flow measurement to be effected at another point before that at which the limit values apply, provided that:

• all waters discharged from the plant that may have been polluted by the substance in question are taken into account by those measurements,

• regular checks show that the measurements are fully representative of the quantities discharged at the points of application of the limit values or are always higher.

HEADING B Quality objectives, dates set for compliance therewith and procedure for monitoring compliance with them U.K.

1.

For those Member States which opt for the exception provided for in Article 6 (3) of Directive 76/464/EEC, the emission standards which they must establish and apply, pursuant to Article 5 of that Directive, will be fixed so that the appropriate quality objective or objectives from those fixed pursuant to paragraphs 2 and 3 below is or are complied with in the area affected by discharges of the substances referred to in Article 2 (a). The competent authority will determine the area affected in each case and will select from the quality objectives fixed pursuant to paragraphs 2 and 3 below the objective or objectives that it deems appropriate having regard to the intended use of the area affected, while taking account of the fact that the purpose of this Directive is to eliminate all pollution.

2.

With a view to eliminating pollution, as defined in Directive 76/464/EEC, and pursuant to Article 2 of that Directive, the quality objectives and dates set for compliance therewith are set out under heading B in Annex II.

3.

Unless otherwise specified under heading B in Annex II, all the concentrations mentioned as quality objectives refer to the arithmetic mean of the results obtained over a year.

4.

Where more than one quality objective is applied to waters within one area, the quality of the water must be sufficient to comply with each of those objectives.

5.

For each authorization granted pursuant to this Directive, the competent authority will specify the detailed rules, monitoring procedures and dates for ensuring compliance with the quality objective or objectives concerned.

6.

In accordance with Article 6 (3) of Directive 76/464/EEC, the Member States will, for each quality objective chosen and applied, report to the Commission on:

• the points of discharge and the means of dispersal,

• the area in which the quality objective is applied,

• the location of sampling points,

• the frequency of sampling,

• the methods of sampling and measurement,

• the results obtained.

7.

Samples must be taken at a point sufficiently close to the discharge point to be representative of the quality of the aquatic environment in the area affected by the discharges, and the frequency of sampling must be sufficient to show any changes in the aquatic environment, having regard in particular to natural variations in hydrological conditions.

HEADING C Reference methods of measurement and limit of detection U.K.

1.

The definitions given in Council Directive 79/869/EEC of 9 October 1979 concerning the methods of measurement and frequencies of sampling and analysis of surface water intended for the abstraction of drinking water in the Member States(1) will apply in the context of this Directive.

2.

The reference methods of measurement to be used for determining the concentration of the substances in question and the limit of detection for the environment concerned are set out under heading C in Annex II.

3.

The limit of detection, the accuracy and the precision of the method are specified for each substance under heading C in Annex II.

4.

Effluent flow measurements must be carried out to an accuracy of ± 20 %.

(1)

OJ No L 271, 29.10.1979, p. 44.