Surface Waters (Shellfish) (Classification) Regulations 1997 (S.I. No. 1332 of 1997)

STATUTORY INSTRUMENTS 1997 No. 1332 WATER RESOURCES, ENGLAND AND WALES The Surface Waters (Shellfish) (Classification) Regulations 1997 Made - 19th May 1997 Laid before Parliament - 22nd May 1997 Coming into force - 12th June 1997 The 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, 102 and 219(2) of the Water Resources Act 1991[1] and of all other powers enabling them in that behalf, hereby make the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Surface Waters (Shellfish) (Classification) Regulations 1997 and shall come into force on 12th June 1997. (2) Expressions used in these Regulations which are also used in Directive 79/923/ EEC[2] (the quality required of shellfish waters) shall have the same meaning as in that Directive. Classification of waters 2. The classification SFW and the criteria for that classification set out in the Schedule to these Regulations shall apply for classifying controlled waters which are coastal or brackish waters for the purposes of Directive 79/923/EEC and which need protection or improvement in order to support shellfish (bivalve and gasteropod molluscs) life and growth and thus to contribute to the high quality of shellfish products directly edible by man. Compliance with relevant requirements 3. - (1) Subject to paragraphs (2) and (3) below, any waters classified under these Regulations shall be treated in relation to any period of twelve months as complying with the requirements specified in the Schedule to these Regulations for any parameter if in that period in relation to those waters (a) in the case of the parameter for organohalogenated substances or metals, 100 per cent of the samples taken for that parameter in accordance with regulation 4 below comply with the requirements; (b) in the case of the parameter for salinity or dissolved oxygen, 95 per cent of the samples taken for that parameter in accordance with regulation 4 below comply with the requirements; (c) in the case of any other parameter, 75 per cent of the samples taken for that parameter in accordance with regulation 4 below comply with the requirements. (2) Where in accordance with regulation 4(5) below the frequency of sampling is reduced for any parameter in relation to any waters classified under these Regulations, 100 per cent of samples taken 2 for that parameter in accordance with regulation 4 below in relation to those waters must comply with the requirements for that parameter specified in the Schedule to these Regulations. (3) Non-compliant samples shall be ignored for the purposes of paragraphs (1) and (2) above if they are the result of a disaster. Sampling and analysis 4. - (1) The Environment Agency shall ensure that waters classified under these Regulations are sampled and samples are analysed in accordance with the following provisions of this Regulation. (2) Samples in relation to any waters classified under these Regulations shall always be taken at the same sampling point. (3) The Environment Agency shall fix the exact position of the sampling point, and the depth at which samples are to be taken, having regard in particular to (a) the distance of the sampling point to the nearest point where pollutants are discharged; and (b) local environmental conditions. (4) Subject to paragraphs (5) and (6) below, sampling for any parameter shall be carried out at least at the minimum frequency specified in the Schedule to these Regulations in relation to that parameter. (5) Where the Environment Agency's records show that the quality of any waters classified under these Regulations is appreciably higher for any parameter than the minimum required by these Regulations, the Agency may reduce the sampling frequency for that parameter or, if there is no pollution and no risk of deterioration of its quality, it may dispense with sampling for that parameter altogether. (6) Where sampling shows that the requirements of regulation 3 above are not being met, the Environment Agency shall establish whether this is the result of chance, a natural phenomenon or pollution and shall adopt appropriate measures. (7) Samples for any parameter shall be analysed using the reference methods of analysis specified in the Schedule to these Regulations in relation to that parameter or methods which are at least as reliable as the reference methods. Derogations 5. The Agency may derogate from the requirements of these Regulations in the event of exceptional weather or geographical conditions. Modifications of the Water Resources Act 1991 6. - (1) Section 83 of the Water Resources Act 1991 (water quality objectives) shall have effect (a) as if it imposed a duty on the Secretary of State to exercise the powers conferred on him under that section to classify under these Regulations such waters as are appropriate for the purpose of giving effect to Directive 79/923/EEC in relation to waters in or adjacent to England and Wales; and 3 (b) in relation to the performance of that duty, as if subsections (4) and (5) of that section were omitted. (2) Section 104(1) of the Water Resources Act 1991 (meaning of "controlled waters") shall have effect for the purpose of giving effect to Directive 79/923/EEC as if "controlled waters"included all waters which are coastal or brackish waters for the purposes of that Directive. (3) Section 202(2) of the Water Resources Act 1991 (information in connection with the control of pollution) shall have effect as if it conferred power on the Secretary of State and the Environment Agency to require the furnishing of information reasonably required for the purposes of giving effect to Directive 79/923/EEC. John Prescott Secretary of State, Department of Environment 19th May 1997 Signed by authority of the Secretary of State for Wales Win Griffiths Parliamentary Under Secretary of State, Welsh Office 19th May 1997 4 SCHEDULE Regulations 2, 3 and 4 CRITERIA FOR CLASSIFICATION OF WATERS AS SHELLFISH WATERS No. In Parameter Units Requirements to be satisfied Reference Minimum Annex I methods of sampling to79/923 analysis and /EEC measuring frequency 1 pH pH unit >=7 and <=9 Electrometry Quarterly Measured in situ at the time of sampling 3 Coloration (after mg Pt/l A discharge Photometric Quarterly filtration) affecting method, using shellfish waters the must not cause platinum/cobalt the colour of scale the waters after filtration to deviate by more than 10 mg Pt/l from the colour of waters not so affected Filter through a 0.45 µm membrane 4 Suspended solids mg/l A discharge Filtration through Quarterly affecting a 0.45 µm shellfish waters membrane, must not cause drying at 105°C the suspended and weighing solid content of the waters Centrifuging (for to exceed by at least five more than minutes, with 30% the mean content of acceleration waters not so 2,800 to affected 3,200g), drying at 105°C and weighing 5 Salinity per <=40 per A discharge Conductimetry Monthly thousand thousand affecting 5 shellfish waters must not cause their salinity to exceed by more than 10% the salinity of waters not so affected 6 Dissolved oxygen Saturation >=70% Winkler's Electrochemical Monthly, with % (average method method a minimum of value) one sample If an individual representative measurement of low oxygen indicates a conditions on value lower the day of than 70%, sampling. measurements However, shall be where major repeated daily variations are suspected An individual a minimum of measurement two samples in may not one day shall indicate a be taken. value lower than 60% unless there are no harmful consequences for the development of shellfish colonies 7 Petroleum Hydrocarbons Visual Quarterly hydrocarbons must not be examination present in the shellfish waters in such quantities as 6 to: produce a visible film on the surface of the waters and/or a deposit on the shellfish, have harmful effects on the shellfish 8 Organo-halogenated The Gas Half-yearly substances concentration chromatography of each after extraction substance in with suitable the shellfish solvents and waters or in purification shellfish flesh must not reach or exceed a level which has harmful effects on the shellfish and their larvae 9 Metals mg/l The Spectrometry of Half-yearly concentration atomic Silver Ag of each absorption substance in preceded, where Arsenic As the shellfish appropriate, by waters or in concentration Cadmium Cd the shellfish and/or extraction flesh must not Chromium Cr reach or exceed a level Copper Cu which has harmful effects Mercury Hg on the shellfish and their Nickel Ni larvae Lead Pb The synergic effects of these Zinc Zn metals must be taken into consideration 11 Substances affecting Concentration Examination of the taste of the should be the shellfish by shellfish lower than that tasting where the 7 which is liable presence of one to impair the of these taste of the substances is shellfish presumed 8 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations prescribe a system for classifying the quality of controlled waters which are coastal or brackish waters and which need protection or improvement in order to support shellfish life and growth. The classification SFW reflects the mandatory values assigned by Directive 79/923/EEC (the quality required of shellfish waters) to the parameters listed in the Schedule to these Regulations. The Regulations also incorporate the reference methods of measurement, and the minimum frequency required for sampling and analysis, laid down in that Directive for those parameters. The Regulations, together with the Surface Waters (Shellfish) Directions 1997, transpose Directive 79/923/EEC in relation to England and Wales. Copies of the Surface Waters (Shellfish) Directions 1997 may be obtained from: Water Quality Division, Department of the Environment, Romney House, 43 Marsham Street, London SW1P 3PY. Environment Division, Welsh Office, Cathays Park, Cardiff CF1 3NQ. Notes: [1] 1991 c.57; see section 221(7) as to the joint exercise of functions exercisable concurrently. [2] O.J. No. L 281, 10.11.1979, p.47.