A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By Michael Fry | Go to book overview

The Surface Waters (Dangerous Substances) (Classification) Regulations 1992
S.I. 1992 No. 337The Secretary of State for the Environment and the Secretary of State for Wales, acting jointly in exercise of the powers conferred on them by sections 82,1 1022 and 219(2)3 of the Water Resources Act 1991 and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Surface Waters (Dangerous Substances) (Classification) Regulations 1992 and shall come into force on 20th March 1992.
Classification of waters
2. (1) A system employing the classification DS3 is prescribed as a system of classification applying to relevant territorial waters, coastal waters and inland freshwaters.4(2) The criterion for the classification DS3 is that the annual mean concentration of each substance listed in column (1) of the Schedule in samples taken and tested in accordance with these Regulations must not exceed the relevant concentration specified in column (2) of the Schedule.
Sampling and analysis
3. (1) The provisions of this regulation apply as respect the taking and testing of samples of any waters to which the classification DS3 is for the time being applied.(2) Samples must be taken in relation to such waters at a frequency sufficient to show any changes in the aquatic environment, having regard in particular to natural variations in hydrological conditions.(3) Where a discharge containing any substance listed in column (1) of the Schedule is made to such waters, 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 discharge.(4) Samples taken in relation to such waters shall be analysed using the relevant reference methods of measurement specified in column (3) of the Schedule or other methods which have limits of detection, precision and accuracy at least as good.
Modification of section 83 of the Water Resources Act 1991
4. Section 83 of the Water Resources Act 19915 shall have effect as if--
a. it imposed a duty on the Secretary of State to exercise his powers under that section to apply the classification DS3 to all relevant territorial waters, coastal waters and inland freshwaters; and
b. in relation to the establishment of water quality objectives in pursuance of that duty, subsections (4) and (5) of that section were omitted.
____________________
1
P.271 above.
2
P.290 above.
3
P.310 above.
4
"Relevant territorial waters", "coastal waters" and "inland freshwaters" are defined in s.104, p.290 above.
5
P.272 above.

-653-

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