The Quality of Bathing Water Regulations (Northern Ireland) 2008 No. 231

PART 5 MANAGEMENT OF BATHING WATERS

Management measures at bathing waters subject to pollution incidents

13.—(1) This regulation applies where the Department or a bathing water operator is aware of—

(a) a cyanobacterial proliferation which it considers may pose a risk to bathers’ health;

(b) a proliferation of macro-algae or marine phytoplankton which it considers is unacceptable or may pose a risk to bathers’ health;

(c) the presence of waste, including tarry residues, glass, plastic, or rubber; or

(d) any other incident, other than an incident of short-term pollution to which regulation 15 applies, that it considers may pose a risk to bathing water quality and bathers’ health.

(2) The Department shall, when it is so aware, promptly —

(a) consult the bathing water operator; and

(b) take, or cause to be taken, such Departmental management measures there as the Department considers adequate to protect bathers’ health.

(3) Where a bathing water operator is so aware it shall promptly —

(a) consult the Department;

(b) take such operator management measures there as it considers adequate to protect bathers’ health; and

(c) where necessary, remove the waste.

Additional management measures at “poor” bathing waters

14.  Where the Department classifies a bathing water as “poor” under regulation 12 —

(a) the Department shall, during the bathing season following this classification—

(i) take, or cause to be taken, such Departmental management measures at the bathing water as it considers adequate with a view to preventing bathers’ exposure to pollution;

(ii) notify the bathing water operator; and

(iii) identify the reasons why the bathing water failed to achieve a classification of “sufficient”;

(b) the bathing water operator shall—

(i) take such operator management measures there as it considers adequate with a view to preventing bathers’ exposure to pollution; and

(ii) introduce advice against bathing there and make it available in accordance with regulation 9.

Additional management measures at bathing waters likely to be subject to incidents of short-term pollution

15.  Where the bathing water profile indicates that there is short-term pollution at a bathing water—

(a) the Department shall operate, or cause to be operated, the relevant procedures for short-term pollution for which it is responsible; and

(b) the bathing water operator shall take the operator management measures which form part of the relevant procedures for short-term pollution there.