PART 6Water quality

CHAPTER 3Retention of functions from the Groundwater Directive

Power to make provision in relation to groundwater threshold values29

1

The appropriate authority may, by regulations, make provision—

a

about the procedure for establishing threshold values, under retained EU law which implemented the Groundwater Directive, for pollutants and indicators of pollutants which indicate that a body of groundwater is at risk of failing to achieve good groundwater chemical status;

b

specifying the information relating to threshold values which is to be included in river basin management plans, which may include—

i

information about bodies of groundwater or groups of such bodies characterised as being at risk;

ii

the threshold values that have been set and the area to which they apply;

iii

the methodology for determining background levels;

iv

information about the groundwater chemical status assessment.

2

The provision which may be made under paragraph (1) includes—

a

requiring a reference to Part A or Part C of Annex 2 to the Groundwater Directive (or a reference which encompasses that provision) to be read as a reference to that provision with modifications;

b

amending provision corresponding to provision made by Part A or Part C of Annex 2 to the Groundwater Directive.

3

Regulations under paragraph (1) may amend the WEWS Act or subordinate legislation.

4

The appropriate authority may only exercise the power in paragraph (1) to the extent that the authority considers it is appropriate to do so as a result of scientific and technical progress.

5

In this regulation, “background levels” means the concentration of a substance or the value of an indicator in a body of groundwater corresponding to no, or only very minor, anthropogenic alterations to undisturbed conditions.