The Quality of Bathing Water Regulations (Northern Ireland) 2008

Regulation 3

[F1 SCHEDULE 1 N.I. BATHING WATERS

Textual Amendments

F1 Sch. 1 substituted (1.6.2012) by The Quality of Bathing Water (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/218), regs. 1, 3, Sch.

1)

Ballycastle

2)

Ballygally

3)

Ballyholme

4)

Ballywalter

5)

Benone (Magilligan)

6)

Brown’s Bay

7)

Carnlough

8)

Castlerock

9)

Cranfield (Cranfield Bay)

10)

Crawfordsburn

11)

Downhill

12)

Groomsport

13)

Helen’s Bay

14)

Millisle

15)

Murlough Bay

16)

Newcastle

17)

Portballintrae (Salmon Rock)

18)

Portrush (Curran Strand)

19)

Portrush Mill Strand)

20)

Portstewart

21)

Tyrella

22)

Waterfoot

23)

Whiterocks]

Regulation 7

SCHEDULE 2 N.I. BATHING WATER PROFILES

Contents N.I.

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

(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;

(e) identify the location of the monitoring point;

(f) if the assessment under sub-paragraph (b) shows that there is a risk of short-term pollution contain—

(i) information as to the anticipated nature, frequency and duration of short-term pollution;

(ii) details of the expected causes of short-term pollution;

(iii) details of the management measures taken and the time schedule for the elimination of the causes;

(iv) details of the management measures taken during a short-term pollution incident; and

(v) the identity and contact details of any person responsible for taking the management measures during the incident.

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

Commencement Information

I1 Sch. 2 para. 1 in operation at 24.3.2011, see reg. 1(3)

Review N.I.

2.—(1) Where a bathing water is classified as “poor”, “sufficient” or “good” under regulation 12, the Department shall review the bathing water profile—

(a) at the following minimum frequency—

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

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

(iii) for a “good” classification, every four years; and

(b) taking into account the nature and severity of the pollution which affects the bathing water.

(2) Where there are significant construction works or infrastructure changes in or around a bathing water, the Department shall review the bathing water profile before the start of the next bathing season.

Commencement Information

I2 Sch. 2 para. 2 in operation at 24.3.2011, see reg. 1(3)

Regulation 8

SCHEDULE 3 N.I. MONITORING

PART 1 N.I. INTESTINAL ENTEROCOCCI AND ESCHERICHIA COLI

Location of monitoring point N.I.

1.—(1) Where the Department takes samples in compliance with this Part it shall do so from the monitoring point situated at each bathing water.

(2) The Department shall—

(a) locate the monitoring point at every bathing water where—

(i) most bathers are expected; or

(ii) the bathing water profile indicates that the greatest risk of pollution is expected; and

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

Commencement Information

I3 Sch. 3 para. 1 in operation at 24.3.2012, see reg. 1(4)

Monitoring calendar N.I.

2.—(1) The Department shall —

(a) establish a calendar which specifies dates for sampling for every bathing water before the start of every bathing season (‘a monitoring calendar’); 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 abnormal situations—

(a) during the situation, the Department may suspend the monitoring calendar for the duration of such; and

(b) as soon as possible after the end of the situation, the Department shall—

(i) take one additional sample in order to verify that the incident has ended;

(ii) take sufficient additional samples to ensure it has the minimum number required for the bathing water for the bathing season.

(3) The Department shall not include the sample taken under sub-paragraph (2)(b)(i) in the set of bathing water quality data for a bathing water.

Commencement Information

I4 Sch. 3 para. 2(1)(a) in operation at 30.6.2008, see reg. 1(2)

I5 Sch. 3 para. 2(1)(b) in operation at 24.3.2012, see reg. 1(4)

I6 Sch. 3 para. 2(2)(3) in operation at 24.3.2012, see reg. 1(4)

Frequency of monitoring N.I.

3.  The Department shall —

(a) take and analyse at least four samples from every bathing water during 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 regular intervals not exceeding one month.

Commencement Information

I7 Sch. 3 para. 3 in operation at 24.3.2012, see reg. 1(4)

Sampling equipment N.I.

4.—(1) The Department shall 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 Department shall—

(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.

Commencement Information

I8 Sch. 3 para. 4 in operation at 24.3.2012, see reg. 1(4)

Storage and transport of samples before analysis N.I.

5.—(1) The Department shall—

(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 Department shall conserve the sample in a refrigerator.

(3) The Department shall 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.

Commencement Information

I9 Sch. 3 para. 5 in operation at 24.3.2012, see reg. 1(4)

Reference methods of analysis N.I.

6.—(1) Subject to sub-paragraph (2), the Department shall 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.

(2) The Department may use such other reference methods of analysis as it considers are substantively equivalent to those specified in sub-paragraph (1).

Commencement Information

I10 Sch. 3 para. 6 in operation at 24.3.2012, see reg. 1(4)

Short-term pollution N.I.

7.—(1) This paragraph applies where relevant procedures for short-term pollution are in place.

(2) The Department shall not include samples taken during a short-term pollution incident in the set of bathing water quality data for a bathing water.

(3) As soon as possible after the end of the short-term pollution incident, the Department shall take one additional sample in order to verify that the incident has ended.

(4) The Department shall not include the sample taken under sub-paragraph (3) in the set of bathing water quality data for a bathing water.

(5) Seven days after the end of the short-term pollution incident, the Department shall, if necessary, take an additional sample to ensure that it has the minimum number required for the bathing water for the bathing season.

(6) The number of samples disregarded under sub-paragraph (2) by the Department shall represent no more than the greater of either—

(a) 15 percent of the total number of samples provided for in the monitoring calendars established under paragraph 2 of Schedule 3 for the same period; or

(b) one sample per bathing season.

Commencement Information

I11 Sch. 3 para. 7 in operation at 24.3.2012, see reg. 1(4)

PART 2 N.I. CYANOBACTERIA

8.  Where any bathing water profile indicates a potential for cyanobacterial proliferation, the Department shall monitor that bathing water at the frequency necessary to allow adequate management measures to be put in place in accordance with regulation 13. N.I.

Commencement Information

I12 Sch. 3 para. 8 in operation at 24.3.2012, see reg. 1(4)

PART 3 N.I. MACRO-ALGAE AND MARINE PHYTOPLANKTON

9.  Where any bathing water profile indicates a tendency for proliferation of macro-algae or marine phytoplankton, the Department shall carry out such investigations at that bathing water as are necessary to determine whether such proliferation constitutes a health risk to bathers. N.I.

Commencement Information

I13 Sch. 3 para. 9 in operation at 24.3.2012, see reg. 1(4)

PART 4 N.I. OTHER POLLUTION

10.—(1) The Department shall establish a visual monitoring programme at every bathing water at the frequency necessary to allow adequate management measures to be put in place in accordance with regulation 13. N.I.

(2) Every bathing water operator shall establish a visual monitoring programme at its bathing water at the frequency necessary to allow adequate management measures to be put in place in accordance with regulation 13.

Commencement Information

I14 Sch. 3 para. 10 in operation at 24.3.2012, see reg. 1(4)

Regulation 12

SCHEDULE 4 N.I. STANDARDS

1.  The Department shall use the following standards for classification— N.I.

Standards for inland waters

Parameter	“Excellent”	“Good”	“Sufficient”
(1) Colony forming units per 100 millilitres (“cfu/100ml”)
(2) Based upon a 95-percentlie evaluation
(3) Based upon a 90-percentile evaluation
Intestinal enterococci (1)	200 (2)	400 (2)	330 (3)
Escherichia coli (1)	500 (2)	1,000 (2)	900 (3)

Standards for coastal and transitional waters

Parameter	“Excellent”	“Good”	“Sufficient”
(1) Colony forming units per 100 millilitres (“cfu/100ml”)
(2) Based upon a 95-percentlie evaluation
(3) Based upon a 90-percentile evaluation
Intestinal enterococci (1)	100 (2)	200 (2)	185 (3)
Escherichia coli (1)	250 (2)	500 (2)	500 (3)

Commencement Information

I15 Sch. 4 para. 1 in operation at 24.3.2015, see reg. 1(5)

Methodology N.I.

2.  In this Schedule the Department shall base the “percentile values” and calculate same in compliance with the provisions set out in Annex II of the Directive.

Commencement Information

I16 Sch. 4 para. 2 in operation at 24.3.2015, see reg. 1(5)

Classification N.I.

3.—(1) At the end of every bathing season, the Department shall classify a bathing water as “poor” if, in the set of bathing water quality data used, the percentile values for microbiological enumerations are higher than the “sufficient” standards set out in paragraph 1.

(2) At the end of every bathing season, the Department shall classify a bathing water as “sufficient” if —

(a) in the set of bathing water quality data, the percentile values for microbiological enumerations 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 Department shall classify a bathing water as “good” if—

(a) in the set of bathing water quality data, the percentile values for microbiological enumerations 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 Department shall classify a bathing water as “excellent” if, in the set of bathing water quality data used, the percentile values for microbiological enumerations are equal to or lower than the “excellent” standards set out in paragraph

Commencement Information

I17 Sch. 4 para. 3 in operation at 24.3.2015, see reg. 1(5)