Regulation 4 Review

United Kingdom

(1)

The Secretary of State must keep under review the eutrophic state of fresh surface waters, estuarial waters and coastal waters.

(2)

The Secretary of State must, before 1st January 2017 and F1before 1st January of every fourth year thereafter, monitor the nitrate concentration in freshwaters over a period of one year—

(a)

at sampling stations that are representative of surface water, at least monthly and more frequently during flood periods, and

(b)

at sampling stations that are representative of groundwater, at regular intervals and taking into account the provisions of F2the Water Supply (Water Quality) Regulations 2016F3 and the Private Water Supplies (England) Regulations 2016F4.

(3)

But in the case of a sampling station at which the nitrate concentration in all previous samples taken for the purposes of paragraph (2) has been below 25mg/l and no new factor likely to increase the nitrate content has appeared, that paragraph is to be read as if for “2017” there were substituted “2021” and for “every four years” there were substituted “every eight years”.

(4)

Nitrate concentration must be measured F5by subtracting the amount of nitrite from the amount of total oxidised nitrogen (“TON”), where both nitrite and TON are calculated using the method known as molecular absorption spectrophotometry.

(5)

No later than the end of each four-year period provided for under paragraph (2), the Secretary of State must—

(a)

identify water that is affected by pollution, or could be if the controls in these Regulations are not applied in the area concerned, using the criteria in Annex I to Council Directive 91/676/EEC,

(b)

identify land which drains into those waters, or into water which has been similarly identified in Wales or Scotland, and that contributes to the pollution in those waters,

(c)

take into account changes and factors unforeseen at the time of the previous designation, and

(d)

if necessary, revise or add to the designation of nitrate vulnerable zones.

(6)

In this Part, references to pollution, in relation to water, are to be construed in accordance with paragraph (5)(a).

F6(7)

For the purposes of paragraph (5)(a), the reference to Annex 1 to Council Directive 91/676/EECF7 is to be read as if—

(a)

each reference in it to Article 5 of that Directive were to regulations 7 to 35 of these Regulations;

(b)

in point A(1), for the words from “more than” to “Directive 75/440/EEC” there were substituted “ a concentration of nitrates greater than 50 mg/l ”.

Annotations

Textual amendments

F1: Words in reg. 4(2) substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 5(4)
F2: Words in reg. 4(2)(b) substituted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 16(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3: S.I. 2016/614, amended by S.I. 2017/506, 2018/378, 2018/706.
F4: S.I. 2016/618, amended by S.I. 2017/506, 2018/707.
F5: Words in reg. 4(4) substituted (1.6.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (S.I. 2018/575), regs. 1(2), 10(3)
F6: Reg. 4(7) inserted (31.12.2020) by The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/558), regs. 1(1), 16(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F7: OJ No L 375, 31.12.1991, p 1, as last amended by Regulation (EC) No 1137/2008 (OJ No L 311, 21.11.2008, p 1).