LOCA VERNMENT (WATER P TI ACT. 1977

In exercise of the powers conferred on the Minister for the Environment and
Local Government by section 30 of the Local Government (Water Pollution) Act,
1977 (No. 1 of 1977) and by section 26 of that Act as amended by sections 18
and 29 of the Local Government (Water Pollution) (Amendment) Act, 1990 (No.
21 of 1990), which said powers are delegated to me by the Environment and
Local Government (Delegation of Ministerial Functions) (No.2) Order, 1997 (S.l.
No. 428 of 1997), and for the purpose of giving further effect to provisions of
Council Directive 76/464/EEC of 4 May, 1976 on pollution caused by certain
dangerous substances discharged into the aquatic environment, |, Dan Wallace,
Minister of State at the Department of the Environment and Local Government,

hereby make the following Regulations:

1. These Regulations may be cited as the Local Government (Water

Pollution) Act, 1977 (Water Quality Standards) Regulations, 1999.

2, In these Regulations-
any reference to an article or Schedule which is not otherwise identified is

a reference to an article or Schedule of these Regulations;

any reference to a sub-article or paragraph which is not otherwise
identified is a reference to a sub-article or paragraph of the provision in

which the reference occurs;

"the Principal Act" means the Local Government

(Water Pollution) Act, 1977 as amended by the Local Government (Water
Pollution) (Amendment) Act, 1990;

"the Act of 1992" means the Environmental Protection Agency Act, 1992
(No. 7 of 1992);

"the Agency" means the Environmental Protection Agency established

under section 19 of the Act of 1992;

"best available technology not entailing excessive costs" has the meaning

assigned to it by section 5 ofthe Act of 1992;

"An Bord Pleanala" means the Board established under the Local

Government (Planning and Development) Acts.

(1)

Subject to sub-article (2), the quality standards specified in the
Schedule shall apply, in the case of rivers and lakes, not later than
fifteen years from the date of the Regulations and, in the case of
groundwaters and estuarine and coastal waters, not later than

twenty years from the date of the Regulations.

Sub-article (1) shall not apply where the standards specified in the

Schedule are exceeded due to

(i) naturally occurring conditions, or

(ii) conditions arising from historical human activity which

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makes compliance with the standards impractical and

excessively costly.

The Agency, An Bord Pleanala and each local authority shall take
all such steps as may be appropriate in discharge of its functions
under the Principal Act, the Act of 1992, the Waste Management
Act, 1996 and any other Act relating to environmental protection to

secure compliance with the quality standards prescribed in article 3.

Where the conditions referred to in article 3 (2) (ii) apply, a local
authority shall take such steps as may be appropriate to ensure that
no deterioration in water quality occurs with respect to the relevant

parameters specified in the Schedule.

Where a local authority carries out a review of a licence on foot of
obligations arising under section 7 (2A) or section 17 (2A) of the
Principal Act, it shall set emission limit values determined, as
appropriate, on the basis of the quality standards set out in the
Schedule being met not later than five years from the date of the

Regulations.

Where the Agency carries out a review of a licence on foot of
obligations arising under section 88 (4) of the Act of 1992, it shall
set emission limit values determined, as appropriate, on the basis of
the quality standards set out in the Schedule being met not later

than 5 years from the date of the Regulations.

In considering an application for a licence under section 4 or

section 16 ofthe Principal Act, a local authority shall set emission

(1)

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limit values determined, as appropriate, on the basis of the quality
standards set out in the Schedule applying immediately from the

date of the grant of any such licence.

In considering an application for a licence under section 83 of the
Act of 1992, the Agency shall set emission limit values determined,
as appropriate, on the basis of the quality standards set out in the
Schedule applying immediately from the date of the grant of any

such licence.

The obligations on local authorities under sub-articles 3 and 5 shall
apply also to An Bord Pleanala in determining an appeal under

section 8 of the Principal Act.

In pursuance of the requirements of article (4), a local authority shall
submit a report to the Agency by [2 years from the date of the

Regulations] setting out the measures to be taken.

A local authority shall submit to the Agency by [3 years from the
date of the Regulations], a report on the progress made in relation to
implementation of the measures referred to in sub-article (1), and
further such progress reports in relation to implementation of the
requirements of article 4 shall be so submitted at intervals not
exceeding two years thereafter until such date as may be

determined by the Minister.

Within 9 months of the deadlines referred to in sub-article (2), the
Agency shall prepare and publish reports on the progress made in

relation to implementation of these Regulations and shall include in

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such reports such recommendations as it considers appropriate.

(4)  Arreport referred to in this article shall identify every waterbody or
part thereof to which article 3(2) applies and cite, in each such case,
the conditions and circumstances relating to the conditions
specified in that sub-article in respect of which the local authority

or, as the case may be, the Agency is satisfied in relation thereto.

Schedule

TABLE 1

Proposed Water Quality Standards for List II substances for all waters (1)
expressed as annual arithmetic mean concentrations

ug/1

    
  
  
 

Sustane  | |
Smzin 3 3 |
Tributyltin | om
Dichlorvos 07 — | om
Az |
Ten 3 | m
[Dichloromethane_ | 1m |
Kr 3 T  n—_

    

    
       

(1) Waters include all surface waters - rivers, lakes, estuaries and coastal
waters - and groundwaters, regardless of use.

TABLE 2

Proposed Water Quality Standards for List Il substances
expressed as annual arithmetic mean concentrations

ug/!

Substance (1) Fresh Waters Estuarine
Hardness mg/l and Coastal
CaCO3

Asoc [2
|Chromium 15.
Zu la

 

1. Metal values are for total metal concentration (dissolved and
colloidal/s.s.)