10.—(1) Subject to [F1paragraph] (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 [F2, 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 [F3paragraph] (4),assessed in accordance with paragraph 2(c) and (d) of Part A of Annex IV to the Directive.
[F4(4) The sources mentioned in paragraph (3) are—
(a)the monitoring programmes for groundwater—
(i)established under the provisions specified in regulation 11 of the 2017 Regulations; 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) [F5Where necessary to assess the impact of existing plumes of pollution in bodies of groundwater that may threaten the achievement of the objectives in regulation 13(5) of the 2017 Regulations, the Department shall carry out an additional trend assessment 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 F6... Part B of Annex IV to the Directive.
[F7(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 [F8paragraph] (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 [F9paragraph] (1) as soon as possible after that date.
F10(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Word in reg. 10(1) substituted (with application in accordance with regs. 1(b), 4(1) of the amending Rule) by The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. 2017/81), reg. 1(a), Sch. 4 para. 4(4) (with reg. 37)
F2Words in reg. 10(1) inserted (31.7.2014) by The Groundwater (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/208), regs. 1, 8(1)
F3Word in reg. 10(3) substituted (with application in accordance with regs. 1(b), 4(1) of the amending Rule) by The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. 2017/81), reg. 1(a), Sch. 4 para. 4(4) (with reg. 37)
F4Reg. 10(4) substituted (with application in accordance with regs. 1(b), 4(1) of the amending Rule) by The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. 2017/81), reg. 1(a), Sch. 4 para. 4(5) (with reg. 37)
F5Words in reg. 10(5) substituted (31.12.2020) by The Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/112), regs. 1(1), 7(5); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in reg. 10(6) removed (31.7.2014) by The Groundwater (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/208), regs. 1, 8(2)
F7Reg. 10(6A) inserted (31.7.2014) by The Groundwater (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/208), regs. 1, 8(3)
F8Word in reg. 10(7) substituted (with application in accordance with regs. 1(b), 4(1) of the amending Rule) by The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. 2017/81), reg. 1(a), Sch. 4 para. 4(4) (with reg. 37)
F9Word in reg. 10(8) substituted (with application in accordance with regs. 1(b), 4(1) of the amending Rule) by The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. 2017/81), reg. 1(a), Sch. 4 para. 4(4) (with reg. 37)
F10Reg. 10(9) omitted (with application in accordance with regs. 1(b), 4(1) of the amending Rule) by virtue of The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 (S.R. 2017/81), reg. 1(a), Sch. 4 para. 4(6) (with reg. 37)
Commencement Information