The Groundwater (Amendment) Regulations (Northern Ireland) 2016
S.R. 2016/119 · Made 7 March 2016
Environmental Protection
Made 7th March 2016
Coming into operation 20th June 2016
The Department of the Environment, being a Department designated f1 for the purposes of section 2(2) of the European Communities Act 1972 f2 in relation to the environment, makes the following Regulations in exercise of the powers conferred upon it by that section.
Annotations to the whole text
Footnotes
- f1
- f2
Contents
- 1Citation, commencement and interpretation
- 2Amendments to the Groundwater Regulations (Northern Ireland) 2009
- 3Amendment of regulation 2
- 4Substitution of regulation 18
- 5Amendment of Schedule
- Signature
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Groundwater (Amendment) Regulations (Northern Ireland) 2016 and shall come into operation on 20th June 2016.
The Interpretation Act (Northern Ireland) 1954f1 applies to these Regulations as it applies to an Act of the Assembly.
2Amendments to the Groundwater Regulations (Northern Ireland) 2009
The Groundwater Regulations (Northern Ireland) 2009f1 are amended in accordance with regulations 3 to 5.
3Amendment of regulation 2
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/EUf1”.
4Substitution of regulation 18
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.
(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.”
5Amendment of Schedule
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 groundwater body or group of bodies that are exceeding an EU Standard or threshold value 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).
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.
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/cm 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 Tetrachloroethylene μg/l 7.5 7.5 Trichloroethylene μg/l 7.5 7.5 Any pollutant in relation to which a surface water environmental standard has been setf1 0.5 x (surface water standard divided by dilution factor)f2 ”
Signature
Sealed with the Official Seal of the Department of the Environment on 7th March 2016
L.S.
Tim Irwin
A senior officer of the Department of the Environment
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.