Groundwater (Amendment) Regulations (Northern Ireland) 2016 (S.I. No. 119 of 2016)

S T A T U T O R Y R U L E S O F N O R T H E R N I R E L A N D 2016 No. 119 ENVIRONMENTAL PROTECTION The Groundwater (Amendment) Regulations (Northern Ireland) 2016 Made - - - - 7th March 2016 Coming into operation - 20th June 2016 The Department of the Environment, being a Department designated (a) for the purposes of section 2(2) of the European Communities Act 1972 (b) in relation to the environment, makes the following Regulations in exercise of the powers conferred upon it by that section. Citation, commencement and interpretation 1.—(1) These Regulations may be cited as the Groundwater (Amendment) Regulations (Northern Ireland) 2016 and shall come into operation on 20th June 2016. (2) The Interpretation Act (Northern Ireland) 1954(c) applies to these Regulations as it applies to an Act of the Assembly. Amendments to the Groundwater Regulations (Northern Ireland) 2009 2. The Groundwater Regulations (Northern Ireland) 2009(d) are amended in accordance with regulations 3 to 5. Amendment of regulation 2 3. In paragraph (1) of regulation 2 (Interpretation) in the definition of “the Directive” after the word “deterioration” insert “as amended by Commission Directive 2014/80/EU(e)”. Substitution of regulation 18 4. For regulation 18 (Review of authorisations) substitute— “Review of authorisations 18.—(1) The Department shall periodically review an authorisation. (2) The Department shall on review assess compliance with the conditions of an authorisation and the effects on groundwater. (a) S.I. 2008/301 (b) 1972 c.68 (c) 1954 c. 33 (N.I.) (d) S.R. 2009 No. 254 as amended by S.R. 2009 No. 359, S.R. 2011 No. 211 and S.R. 2014 No. 208 (e) OJ No. L 182, 21.6.2014, p.52 2 (3) An authorisation may be reviewed at anytime by the Department and where necessary the Department may update the authorisation. (4) If the conditions of an authorisation are not complied with, enforcement action shall be taken to ensure compliance and, if necessary, revocation of the authorisation.” Amendment of Schedule 5. In the Schedule (Groundwater Threshold Values) for Table 1 substitute— “Table 1 Threshold values for assessing groundwater chemical status Parameter Unit To examine if groundwater abstraction is causing saline or other intrusions To examine if groundwater is providing a significant contribution to the failure of the environmental objectives of associated surface water bodies To examine if the quality of groundwater that is abstracted for potable use is deteriorating, possibly resulting in a need for increased purification To examine the spatial extent of a groundwate r body or group of bodies that are exceeding an EU Standard or threshold value Ammonium mg/l 0.29 Arsenic µg/l 7.5 Atrazine µg/l 0.075 Cadmium µg/l 3.75 Chloride mg/l 25 Electrical Conductivity µS/c m 800 1875 Lead µg/l 7.5 MCPA µg/l 0.075 Mecoprop µg/l 0.075 Mercury µg/l 0.75 Nitrate (as NO3) mg/l 37.5 37.5 Nitrite µg/l 375 375 Simazine µg/l 0.075 Sulphate mg/l 187.5 Tetrachloroethyl ene µg/l 7.5 7.5 Trichloroethylen e µg/l 7.5 7.5 Any pollutant in relation to which a surface water environmental standard has been set(1) 0.5 x (surface water standard divided by dilution factor)(2) (1) The surface water environmental standards are set out in Schedule 1 to The Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015(S.R. 2015 No. 351). 3 (2) The “dilution factor” is taken to be the fraction of the average annual river flow derived from groundwater inflows. It can be estimated from established hydrological indices such as the baseflow index, or from the ratio of catchment groundwater recharge to effective precipitation.” Sealed with the Official Seal of the Department of the Environment on 7th March 2016 Tim Irwin A senior officer of the Department of the Environment 4 £4.25 NI201603073 03/2016 19585 http://www.legislation.gov.uk/id/nisr/2016/119 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Groundwater Regulations (Northern Ireland) 2009 (“the Principal Regulations”) in the following ways. Regulation 2 is amended to take account of amendments made by Commission Directive 2014/80/EU of 20 June 2014 amending Annex II to Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration. Regulation 18 is substituted to include the provision for the Department to review authorisations at anytime and where necessary update the authorisation irrespective of the date of when the authorisation was granted. The Schedule is amended to take account of amendments made to Directive 2006/118/EC by Directive 2014/80/EU and to amend the ‘lead’ parameter threshold to bring it in line with the drinking standard set in Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption. © Crown copyright 2016 Printed in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office being the Government Printer for Northern Ireland and the Officer appointed to print Acts of the Northern Ireland Assembly.