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) (Scotland) Regulations 1992
S.I. 1992 No. 574 (S.63)The Secretary of State, in exercise of the powers conferred on him by sections 30B1, 55A2, 104(1)3 and 105(1)4 of the Control of Pollution Act 1974(a) and of all other powers enabling him in that behalf, hereby make the following Regulations:
Citation, commencement and extent
1. These Regulations may be cited as the Surface Waters (Dangerous Substances) (Classification) ( Scotland) Regulations 1992, shall come into force on 1st April 1992 and shall extend to Scotland only.
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 waters.5(2) The criterion for the classification DS3 is that the annual mean concentration of each substance listed in column (1) of the Schedule hereto in samples taken and tested in accordance with these Regulations must not exceed the relevant concentration specified in column (2) of that Schedule.
Sampling and analysis
3. (1) Samples must be taken in relation to the waters at a frequency sufficient to show any changes in the aquatic environment, having regard in particular, to natural variations in hydrological conditions.(2) Where a discharge containing any substance listed in column (1) of the Schedule is made to the 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.(3) Samples taken in relation to the 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 30C of the Control of Pollution Act 1974
4. Section 30C of the Control of Pollution Act 19746 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 waters; 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.19 above.
2
P.49 above.
3
P.60 above.
4
P.61 above; s.105(1) contains a definition of "prescribed" relevant to the exercise of the statutory powers under which these Regulations are made.
5
"Relevant territorial waters", "coastal waters" and "inland waters" are defined in s.30A, p.18 above.
6
P.20 above.

-659-

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