European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2012.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2012.
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paragraphs: In these Regulations—
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paragraphs: The 2009 Regulations are amended as follows—
(1) by replacing the opening paragraph of Regulation 4 with the following:
“A public authority shall, in so far as its functions allow, comply with the requirements of these Regulations and take all reasonable steps including, where necessary, the implementation of programmes of measures to:” and
(2) by the deletion of the phrase “in so far as its functions allow” in Regulation 4(a).
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paragraphs: Regulation 56 of the 2009 Regulations is amended by the substitution of the words “22 December 2013” for the words “22 June 2011”.
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paragraphs: Regulation 59 of the 2009 Regulations is amended by the substitution of the words “22 June 2014” for the words “22 June 2012”.
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paragraphs: Regulation 70 of the 2009 Regulations is replaced by:
“The Local Government (Water Pollution) Act 1977 (Water Quality Standards for Phosphorus) Regulations 1998 ( S.I. No. 258 of 1998 ), the Water Quality (Dangerous Substances) Regulations 2001 ( S.I. No. 12 of 2001 ) and the European Communities (Quality of Water Intended for Human Consumption) Regulations 1989 ( S.I. No. 294 of 1989 ) are hereby revoked.”
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paragraphs: Table 11 and associated footnotes of Schedule 6 to the 2009 Regulations are deleted and replaced by the following:
(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications to be adopted for chemical monitoring and quality of analytical results in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
(2) This parameter is the Environmental Quality Standard expressed as an annual average value (AA-EQS). Unless otherwise specified, it applies to the total concentration of all isomers.
(3) Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.
(4) This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (MAC-EQS). Where the MAC-EQS are marked as “not applicable”, the AA-EQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on the basis of acute toxicity.
(5) This substance is not a priority substance but one of the other pollutants for which the EQS are identical to those laid down in community legislation that applied prior to Directive 2008/105/EC of the European Parliament and Council on environmental quality standards in the field of water policy.
(6) DDT total comprises the sum of the isomers 1,1,1-trichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 50-29-3; EU number 200-024-3); 1,1,1-trichloro-2 (o-chlorophenyl)-2-(p-chlorophenyl) ethane (CAS number 789-02-6; EU number 212-332-5); 1,1-dichloro-2,2 bis (p-chlorophenyl) ethylene (CAS number 72- 55-9; EU number 200-784-6); and 1,1-dichloro-2,2 bis (p-chlorophenyl) ethane (CAS number 72-54-8; EU number 200-783-0).
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paragraphs: Table 12 and associated footnotes of Schedule 6 to the 2009 Regulations are deleted and replaced by the following:
(1) The calculation of the arithmetic mean and the analytical method used must be in accordance with the technical specifications for chemical monitoring and quality of analytical results to be adopted in accordance with Directive 2000/60/EC of the European Parliament and of the Council, including how to apply an EQS where there is no appropriate analytical method meeting the minimum performance criteria.
(2) This parameter is the Environmental Quality Standard expressed as an annual average value (AA-EQS). Unless otherwise specified, it applies to the total concentration of all isomers.
(3) Inland surface waters encompass rivers and lakes and related artificial or heavily modified water bodies.
(4) This parameter is the Environmental Quality Standard expressed as a maximum allowable concentration (MAC-EQS). Where the MAC-EQS are marked as “not applicable”, the AA-EQS values are considered protective against short-term pollution peaks in continuous discharges since they are significantly lower than the values derived on the basis of acute toxicity.
(5) For the group of priority substances covered by brominated diphenylethers listed in Decision 2455/2001/EC, an EQS is established only for congener numbers 28, 47, 99, 100, 153 and 154.
(6) For Cadmium and its compounds the EQS values vary dependent upon the hardness of the water as specified in five class categories (Class 1: <40 mg CaCO3/l, Class 2: 40 to <50 mg CaCO3/l, Class 3: 50 to <100 mg CaCO3/l, Class 4: 100 to <200 mg CaCO3/l and Class5:≥200 mg CaCO3/l).
(7) For the group of substances polyaromatic hydrocarbons (PAH) each individual EQS is applicable, i.e. the EQS for Benzo(a) pyrene, the EQS for the sum of Benzo(b) fluoranthene and Benzo(k) fluoranthene and the EQS for the sum of Benzo(g,h,i) perylene and Indeno(1,2,3-cd) pyrene must be met.
(8) Each EQS shall be for prey tissue (wet weight). The EPA shall choose the most appropriate indicator from among fish, molluscs, crustaceans and other biota. The EPA shall determine, for substances (6), (7) and (9), the frequency of monitoring in biota. However, monitoring shall take place at least once every year, unless technical knowledge and expert judgment justify another interval.