Quality required of Fresh Waters Supporting Fish Life (protection and Improvement) Regulations, 2001 (L.N. No. 342 of 2001)

L.N. 342 of 2001 ENVIRONMENT PROTECTION ACT, 2001 (ACT NO. XX OF 2001) Quality of Fresh Waters Supporting Fish Life (Protection and Improvement) Regulations, 2001 BY virtue of the powers conferred by articles 9 and 28 of the Environment Protection Act, 2001, the Minister for the Environment has made the following regulations: !. (1) The title of these regulations is Quality of Fresh Waters Supporting Fish Life (Protection and Improvement) Regulations, 2001. (2) These regulations shall come into force on such date as the Minister responsible for the environment may by notice in the Gazette appoint, and different dates may be so appointed for the different provisions and different purposes of these regulations. (3) A notice under sub-regulation (2) of this regulation may make such transitional provisions as appear to the Minister to be necessary or expedient in connection with the provisions thereby brought into force. B 3877 Citation and commencement. 2. (1) These regulations concern the quality of fresh waters and Scope and interpretation. apply to those waters designated by the competent authority as needing protection or improvement in order to support fish life. (2) These regulations shall not apply to waters in natural or artificial fish ponds used for intensive fish farming. (3) The aim of these regulations is to protect or improve the quality of those running or standing fresh waters which support or which, if pollution were reduced or eliminated, would become capable of supporting fish belonging to indigenous species offering a natural diversity or species the presence of which is judged desirable for water management purposes by the relevant competent authorities of any State. (4) For the purposes of these regulations: "competent authority" means the Department for Environment Protection under the guidance of the Director for Environment Protection and such other body or person as the Minister responsible B 3878 Parameters. Values for parameters. Designation of waters. Pollution reducing programmes. for the environment may by order in the Gazette prescribe and different bodies or persons may be designated as the competent authority for different provisions and different purposes of these regulationsg "Cyprinid waters'' means waters which support or become capable of supporting fish belonging to the cyprinids ( Cyprinidae), or other species such as pike (Esox Lucius), perch (Perea fluviatilis) and eel (Anguilla anguilla); "Natural enrichment" means the process whereby, without human intervention, a given body of water receives from the soil certain substances contained therein; "Salmonid waters" means waters which support or become capable of supporting fish belonging to species such as salmon (Salmo salar), trout (Salmo trutta), gray ling (Thymallus thymallus) and whitefish (Coregonus). 3. (1) The physical and chemical parameters applicable to the waters designated by the competent authorities are listed in Annex I. (2) For the purposes of applying these parameters, waters are divided into salmonid waters and cyprinid waters. 4. (1) The competent authority shall, for the designated waters, set values for the parameters listed in Annex I, in so far as values are listed in column Gorin column I. They shall comply with the parameters listed in each of these columns. (2) The competent authority shall not set values less stringent than those listed in column I of Annex I and shall endeavour to respect the values in column G taldng into account the principle set out in regulation 9. 5. (1) The competent authority shall designate salmonid waters and cyprinld waters. (2) The competent authority may revise the designation of certain waters owing to factors unforseen at the time of designation, taking into account the principle set out in regulation 9. 6. The competent authority shall establish programmes in order to reduce pollution and to ensure that designated waters conform within five years following designation with both the values set by regulation 4 of these regulations and by the parameters contained in columns G and I of Annex I. B 3879 7. (1) For the purposes of implementing regulation 6, the Com~etentauthority t h · ha1ld h h . tovenfy compe ent aut onty s eem t at t e designated waters conform to conformity. the provisions of these regulations if samples of such waters, taken at the minimum frequency specified in Annex I at the same sampling point and over a period of 12 months, show that they conform to both the values set by the competent authority in accordance with regulation 4 and to the comments contained in columns G and I of Annex I, in the case of: - 95% of the samples for the parameters: pH, BOD5, non ionized ammonia, total ammonium, nitrites, total residual chlorine, total zinc, and dissolved copper: Provided that when the sampling frequency is lower than one sample per month, both the above mentioned values and comments shall be respected for all the samples, with respect to the percentages listed in Annex I for the parameters: temperature and dissolved oxygen, and with respect to the average concentration set for the parameter: suspended solids. (2) Instances in which the values set by the competent authority in accordance with Regulation 4 or the comments contained in columns G and I of Annex I are not respected shall not be taken into consideration in the calculation of the percentages provided for in sub­ regulation ( 1) when they are the result of floods or other natural disasters. 8. (1) The competent authorities shall carry out sampling ~;:!::~!s. operations, the minimum frequency of which is laid down in Annex I. (2) Where the competent authority records that the quality of designated waters is appreciably higher than that which would result from the application of the values set in accordance with Regulation 3 and the comments contained in columns G and I of Annex I, the frequency of the sampling may be reduced: Provided that where there is no pollution or no risk of deterioration in the quality of the waters, the competent authority concerned may decide that no sampling is necessary. (3) If sampling shows that a value set by the competent authority in accordance with regulation 3 or a comment contained in either of columns G or I of Annex I is not respected, the competent authority shall establish whether this is the result of chance, a natural phenomenon or pollution and shall adopt appropriate measures. B 3880 Methocls of analysis. More stringent values. Derogation. Amendments may be made by competent authority. Offences under these regulations. Penalties. ( 4) The exact sampling point, the distance from thjs pofot to the nearest point where pollutants are discharged and the depth at which the samples are to be taken, shall be fixed by the competent authority on the basis of local environmental conditions in particular. 9. ( l) Certain reference methods of analysis for the parameters concerned are set out in Annex L Laboratories which employ other methods shall ensure that the results obtained are equivalent or comparable to those specified in Annex I. (2) Any implementation of the measures taken pursuant to these regulations may on no account lead, either directly or indirectly, to increased pollution of fresh water. 10. The competent authority may at any time set more stringent values for designated waters than those laid down in these regulations and may also lay down provisions relating to other parameters, other than those provided for in these regulations. 11. The competent authority may derogate from these regulations: (a) in the case of certain parameters marked (0) in Annex I, because of exceptional weather or special geographical conditions; (b) when designated waters undergo natural enrichment in certain substances, so that the values set out in Annex I are not respected. 12. The competent authority shall adopt such amendments as are necessary for adapting to technical and scientific progress, the G values for the parameters, and the methods of analysis, contained in Annex I in accordance with the procedure laid down in regulation 15. 13. Any person shall be guilty of an offence under these regulations if: (a) he fails to comply with any order lawfully given in terms of any provisions of these regulations; or (b) he conspires or attempt, or aids, or abets, any other person by whatever means, including advertising, counseling or procurement to contravene any order lawfully given in terms of any of the provisions of these regulations. 14. Any person who commits an offence against these regulations shall, on conviction, be liable: (a) On a first conviction to a fine (multa) of not less than five hundred liri but not exceeding one thousand liri (b) On a second or subsequent conviction, to a fine (multa) of not less than one thousand Iiri, but not exceeding two thousand liri or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment. Provided further that the court shall order any person who has been found guilty of committing an offence against these regulations, to pay for the expenses incurred by the public entities and/or other persons acting on their behalf involved in the implementation of these regulations and restitution of the environment as a result of the said offence, the revocation of the permit issued by the Police and the confiscation of the corpus delicti. 15. ( 1) The provisions of article 23 and sub-article ( 1) of article 30 of the Criminal Code shall, mutatis mutandis, apply to proceedings, in respect of offences against these regulations, so however that the disqualification from holding or obtain a licence, permit or authority shall in no case be for less than one year. (2) Notwithstanding the provisions of article 370 of the Criminal Code, proceedings for an offence against these regulations shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature. (3) Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of proceedings for any offence against these regulations. B 3881 Applicability of the Criminal Code. Cap.9. 16. The Annexes to these regulations are being published in the Language of Annexes. English language with the English text of these regulations. Parameter I 1. Temperature (0 C) ANNEX I LIST OF PARAMETERS Salmonid waters ! Cyprinid water, G I I l G I I 1. Temperature measured. downstream of a point of 'thermal discharge (at the edge of the mixing z.one) must nor exceed the unaffected temperature by more than; 1·5°C 3°c Derogations limited in geographical scope may be decided by Member States in particular conditions if the competent authority can prove that there are no harmful consequences for the balanced development of the fish population Z.. Thermal discharges must not cause the temperature downstream of the point of thermal discharge (at the edge of the mixing zone) to exceed the following): 21·5 (0) 10 (0) 28 (0) 10 (0) The 10°C temperature limit applies only to breeding periods of species which need cold water for repro­ duction and only to waters which may contain such species Temperature limits may, however, be exceeded for 2 %, of the time I Merhods of an:1Jysis or insp~ction Thermometry Minimum sampling and measuring frequency Weekly, both upstream and dow11stream of the point of thermal discharge Observarions Over-sudden vanat1ons in temperature shall be avoid• ed . to I.J.,) 00 00 t,.) Sa!monid waters I Cn,rinid waters M•th ds of .,, . 1 . . . o .1.,~m,rnum samp mg I? et I I I "!naJysi! oc and uu:asu:ring Observations aram er mspectlot\ frequency G I G I 7 Dissolved oxy- 50 % > 9 50 % ;;a, 9 SO % > 8 50 3/o > 7 Winkler's method or speci- Monthly, minimum one · gen (mg/1 O ) lOJ 01 5 fie electrodes (electro-chemi- sample representative of 2 100 % > 7 When the 1 ' 0 > When the cal method) low oxygen conditions of oxygen con- oxygen con- the day of sampling centration centratton falls below falls below However, where major 6 mg/! Mem- 4 mg/I, Mem- daily variations are sus ber St~tes ber States peered, a minimum of two shall im-ple- shall implc- samples in one day shall be , ment rhe pro- ~e!1t the pro- taken visions of VISl?llS of Articie 7 {3). Article 7 (3). The com- The com petent au- pete:1t au thority must thorrty must. prove that this p rove that tl'.1s situation will s1tuat1on w,11 have no harm- havenobMm· fu! conse- fol conse quences for quences for the balanced the balanced development d:velop!11ent of the fish ot the fish population pop·.1iation 3 pH . 6 to 9 (0) (1 ) l 6 to 9 (OJ (1) Electrometry calibration by Monthly • 1 means of two solutions with I, known pH values, prefer 1 ably 0:-1 either side of, and I close to the pH being mea­ sured 4. 5uspended solids ,;;; 25 (0) < 25 (D) Filtr~tion through a 0·45 p.m The values shown ace av (mg/l) filtermg membrane, ot cen· erage concentrations and do tri,f~gation (five minutes not apply to suspended m1111mum, average acce!era- solids with harmful chemical tion of 2 800 to 3 200g) drying properties ar 105°C and weighing Floods are liable to cause · particularly high concentra­ tions ttJ w 00 00 w Salroonid waters I Cyprinid waters Methods o/ analysis or Parameter I ! inspection G I G I <3 <6 Determination of 0 1 by the 5.. BOD, Winkler method befoce and (mg/I 02) after five days incubation in complete darkness at 20 ± 1 °C (nitrification should not be inhibited) Molecular absorption spec-6. Total phospho trophotomerry rus (mg/I fl) < O·Ol < 0·03 Molecular absorption spec 7. Nitrites trophotomecry (mgll NO~) Minimum samplin~ and measuring: frequenc·,· Observ;uion> In tl1e case of lakes of av crage depth htrween 18 and 300 m, the following formu la could be applied: z l < to- (1 + \1 Tw) Tw where: L = loading expressed as mg p per square metre lake surface in one rear z = mean deprh of lake in metres Tw = theoretical renewal time of lake water in years In other cases limit values of 0·2 mg/l for salmonid and of 0·4 mg/I tor cy prinid waters, expressed as PO1, may be regarded as indicative in order to reduce eu1rophicarion to w 00 oc +"' Para merer 8. Phenolic com­ pounds (mg/I C8H 5OH) 9. Petroleum hy­ drocarbons 10. Non-ionized ammonia (mg/\ NH3) \ 11. Total ammoni­ um (mg/l NH4) 12. Total residual chlorine (mg/I HOCI} Salmonid waters I CypriniJ warers G I ! I G I I I \ I (2) (Z) (l) (3) ,;;; 0·005 \ < 0·025 -\-~~ 0·005 \ < 0·025 In order to diminish the risk of toxicity due to non­ ionized ammonia, of oxygen consumption due to nitri­ fication and of eutrophication, the concentrations of total ammonium should nor exceed the following: < 0·04 < 1 (') < 0·2 < 1 (4} <:; 0·005 < 0·005 I I Methods of analysis or inspection By taste Visual By taste .Molecular absorption spec­ trophotometry using indo­ phenol blue or Nessler's method associated with pH and temperature determina­ tion DPD-method (diethyl-p­ phenylenediamene) Minimum sampling and measuring frequency J\lonthly Monthly Monthly Obsen:ations An examination by ta~te shall be made onyl where the presence of phenolic compounds is presumed A visual examination shall be made regularly once a month, with an examina­ tion by taste only where the presence of hydrocar­ bons is presumed Values for non-ionized am­ monia may be exceeded in the form of minor peaks in the daytime The I-values correspond to pH= 6 Higher concentrations' of total chlorine can be accep­ ted if the pH is higher td vl 00 00 Vt Salmonid waters I Cyprinid waters Methods of Minimum sampling Parameter I I I analysis or and measuring Ob.>ervations G l G I inspeciion frequcacy 13. Total zinc < 0·3 < 1·0 Atomic absorption spec- Monthly The I-values correspond to (mg/I Zn) trometry a water hardness of 100 mg/I CaCO3 For hardness levels between 10 and 500 mg/I correspon ding limit values can be found in Annex II 14. Dissolved cop- ,:;;; 0·04 < 0·04 Atomic absorption spec- The G-values correspond to per (mg/I Cu) trometry a water hardness of 100 mg/I CaCO3 For hardness levels between 10 and 300 mg/] corres ponding limit values can be found in Annex II (') Artificial pH variations with respect to tho unaffected values shall not exceed ± 0·5 of a pH unit within the limits falling between 6·0 and 9·0 provided that these variations do nor increase the harmfulness of other substances present in the water. ( 2) Phenolic compot1nds must not b< present in such concenttations that they adversely affect fish flavour. (') Petroleum products must not be present in water in such quantities that they: form a visible film on the surface of the water or form coatings on the bed, of wacet-co11rses and lakes, impart a detectable 'hydrocarbon' taste to fish, produce barmful effects in fish. (') In particular geographic:il or climatic conditions and particularly in cases of low water 1emperature and of reduced nirrificarion or where the competent authoriry can pro~c rhat there arc no harm{u1 c:onscqucnccs for the balanced development of rhe fish population, Member States may fix value, higher than 1 mg/I. General observation: It should be noted that the parametric values listed in this Annex assume that the other parameters, whether mentioned in this Annex or not, are favourable. This implies, in particular, that rhe concentrations of other harmful substances are·very low. Where two or more harmful substances are present in mixture, joint effects (additive, synergic or antagonistic effects) may be significant. G = guide. I = mandatory. (0) = derogations are possible in accordance with Article 11. tel w 00 00 0-, B 3887 ANNEX II PARTICULARS REGARDING TOTAL ZINC AND DlSSOLVED CDPPER Total zinc (see Annex I, No B, 'Observations' column) Zinc conccntr:uions (mg/I Zn) for difforent w:lter hardness values between 10 and 500 mg/I CaC03 : Water h;1rdncss (mg/I CaCQ,J 10 I .so ioo I 500 Salmonid warers (mg/I Zn) 0·03 O·Z 0·3 0·5 Cyprinid waters (mg/I Zn) O·J 0·7 1·0 2·0 Dissolved copper (Sec Anne" I, No 14, 'Observations' column) Dissolved copper concenrrations (mg/I Cu) for different warer hardness values between 10 and 300 mg/I CaC03 : Water hardness (mg/I CaCO1) 10 I so 100 \ 300 mg/! Cu 0·005 (1) 0·022 0·04 0·112 (1) The presence of fish in waters containing higher concentration, of copper may indicate a predominance of dissolved urgano•CU(J.lk cumplcxcs, Ippubblikat mid-Dipartiment ta' \.Informazzjoni - 3, Pjazza Kastilja- Published by the Depa~tm.ent of Information 3, Castille Place Mitbugh fl-Istamperija tal-Gvem- Printed at the Government Prmtmg Press Pren 1Sc - Price 1&