Groundwater Regulations (Northern Ireland) 2009

Significant and sustained upward trends and the starting point for trend reversal N.I.

10.—(1) Subject to sub-paragraph (8), for the purposes of giving effect to paragraphs 2.4.4 and 2.4.5 of Annex V to the Water Framework Directive, the Department shall [F1 , in accordance with Annex IV to the Directive], in relation to each body or group of bodies of groundwater that it has characterised as being at risk of failing to meet the objectives under Article 4 of that Directive —

(a) identify any significant and sustained upward trend in pollutant concentrations, groups of pollutants or indicators of pollution; and

(b) determine the starting point for reversal of each trend so identified.

(2) A body of groundwater shall be treated as being subject to a significant and sustained upward trend where it is subject to a statistically significant increase of concentrations of a pollutant, group of pollutants or indicator of pollution, which represents a significant environmental risk.

(3) The Department shall base the assessment of whether a body of groundwater is subject to a significant and sustained upward trend on information from the sources specified in sub-paragraph (4),assessed in accordance with paragraph 2(c) and (d) of Part A of Annex IV to the Directive.

(4) The sources mentioned in sub-paragraph (3) are—

(a) monitoring programmes for groundwater—

(i) established under the provisions specified in sub-paragraph (9); and

(ii) designed in accordance with the requirements of those provisions and paragraphs 1 and 2(a) and (b) of Part A of Annex IV to the Directive; and

(b) for the purposes of identifying trends for the first river basin management plan, any data deemed relevant by the Department and gathered before the start of the monitoring programmes under sub-paragraph (4)(a).

(5) The Department shall carry out an additional trend assessment in the circumstances described in Article 5(5) of the Directive in order to verify that a plume of pollution from a contaminated site does not—

(a) expand;

(b) cause a deterioration in the chemical status of a body or group of bodies of groundwater; or

(c) present a risk to human health or the environment.

(6) The starting point for trend reversal must be determined in accordance with Article 5(3) and F2 ... Part B of Annex IV to the Directive.

[F3 (6A) For the identification of significant and sustained upward trends in the concentration of substances which cover both naturally and as a result of human activities the Department must consider the baseline levels and, where such data is available, the data collected before the start of the monitoring programme in order to report on trend identification within the first river basin management plan referred to in Article 13 of the Water Framework Directive.]

(7) On 22 December 2015 and on each sixth anniversary thereafter, the Department shall review and where necessary revise its determination made under sub-paragraph (1).

(8) In relation to pollutants or indicators of pollution for which insufficient information is available to identify significant and sustained upward trends and determine starting points for trend reversal by a date to be determined by the Department, the Department shall comply with sub-paragraph (1) as soon as possible after that date.

(9) The provisions specified in this sub-paragraph are those contained in regulation 9 of the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2003.

Textual Amendments

F1 Words in reg. 10(1) inserted (31.7.2014) by The Groundwater (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/208), regs. 1, 8(1)

F2 Words in reg. 10(6) removed (31.7.2014) by The Groundwater (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/208), regs. 1, 8(2)

F3 Reg. 10(6A) inserted (31.7.2014) by The Groundwater (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/208), regs. 1, 8(3)

Commencement Information

I1 Reg. 10 in operation at 10.8.2009, see reg. 1