The Water Framework Directive (Priority Substances and Classification) Regulations (Northern Ireland) 2011

SCHEDULE 2

PART 1 Determining Ecological Status of Surface Waters that are not designated Heavily Modified or Artificial

1.  The Department shall classify the ecological status of surface water bodies that are not designated as heavily modified or artificial in accordance with the following steps:

(a) Estimate representative values of appropriate indicators of the condition of the relevant biological, physiochemical and hydromorphological quality elements from monitoring or modelling results. The appropriate indicators shall include:

(i) indicators of biological and other quality elements expected to be most sensitive to the pressures to which the water body is subject;

(ii) the values for physicochemical quality elements at risk of being so altered as to be failing a physicochemical standard ;

(iii) the concentrations of those specific pollutants likely to be in the water body in quantities that could cause a failure of a specific pollutant; and

(iv) the criteria for hydromorphological elements relevant to high status.

(b) Compare the values of the appropriate indicators estimated from monitoring or modelling with the applicable standards and biological boundary values in Schedule 1 of these Regulations.

(c) Classify the ecological status of the water body as “high” if the values of all the appropriate indicators of the biological, physicochemical and hydrological quality elements comply with the highest corresponding standards given in Schedule 1; the assessment of morphological condition carried out in accordance with Part 4 Table 1of this Schedule reflects totally or nearly totally undisturbed conditions; and there is no evidence that a high impact alien species has become established and is having an ecological effect on the water body.

(d) Where a surface water body is not classified as “high” ecological status in accordance with paragraph 1(c), the Department shall classify the ecological status of the surface water body according to the lowest classed biological or physicochemical quality element. If the lowest classed quality element is a specific pollutant or other physicochemical quality element, the class assigned shall be no lower than “moderate” ecological status.

2.  In this part, “high impact alien species” means a non-native species of plant or animal that has a detrimental effect on the aquatic ecology or environment.

PART 2 Determining Chemical Status of Surface Waters

1.  The Department shall classify the chemical status of surface water bodies in accordance with the following steps:

(a) Estimate from monitoring or modelling results the concentrations in the surface water body of appropriate priority substances and other dangerous substances listed in Schedule 1 of these Regulations. The appropriate substances shall include those likely to be in the surface water body in quantities that could cause a failure of the corresponding environmental quality standard.

(b) Compare the values of the appropriate substances estimated from monitoring or modelling with the applicable standards in Schedule 1.

(c) Classify the chemical status of the surface water body as good unless the standard for one or more priority substances or other dangerous substances is failed. If one or more is failed, classify as failing to achieve good chemical status.

PART 3 Determining Ecological Potential of Heavily Modified and Artificial Water Bodies

1.  The Department shall classify a surface water body designated as heavily modified or artificial as—

(a) “good or maximum ecological potential” if the following conditions are met:

(i) all applicable mitigation measures have been taken; and

(ii) the values of all the indicators of the quality elements not sensitive to hydromorphological pressures related to the heavily modified or artificial water body designation, including biology, specific pollutants and other physicochemical quality elements achieve the standards for “high” or “good”.

(b) “moderate ecological potential” if the following conditions are met:

(i) not all applicable mitigation measures have been taken and the values of one or more of the indicators of the quality elements not sensitive to hydromorphological pressures directly related to the heavily modified or artificial water body designation, including biology, specific pollutants and other physicochemical quality elements achieve the standards for “high”, “good” or “moderate”; or

(ii) all applicable mitigation measures have been taken and the values of one or more of the indicators of the quality elements not sensitive to hydromorphological pressures directly related to the heavily modified or artificial water body designation, including biology, specific pollutants and other physicochemical quality elements achieve the standards for “moderate”.

(c) “poor ecological potential” if the values of one or more of the indicators of the biological quality elements not sensitive to hydromorphological pressures directly related to the heavily modified or artificial water body designation achieve the standards for “poor”.

(d) “bad ecological potential” if the values of one or more of the indicators of biological quality elements not sensitive to hydromorphological pressures directly related to the heavily modified or artificial water body designation achieve the standards for “bad”.

2.  In order to determine how to classify surface water bodies designated as heavily modified or artificial in accordance with paragraph 1, the Department shall—

(a) determine whether or not all practicable mitigation has been taken to improve the modified or artificial hydromorphological characteristics of the surface water body other than that which would have a significant adverse impact on:

(i) the use served by the modified or artificial characteristics; or

(ii) the wider environment.

(b) estimate representative values of indicators of the condition of the relevant biological and physicochemical quality elements from monitoring or modelling results. The indicators shall include:

(i) indicators of the biological quality elements which are not sensitive to the artificial or heavily modified characteristics of the water body;

(ii) the concentrations of those specific pollutants likely to be in the surface water body in quantities that could cause a failure of a specific pollutant standard; and

(iii) the values for those other physicochemical quality elements at risk of being so altered as to be failing a physicochemical standard.

(c) compare the values of the indicators estimated from monitoring or modelling with the applicable standards in Schedule 1 of these Regulations.

3.  When determining whether all practicable mitigation has been taken, mitigation measures may be excluded which would contribute only a very minor improvement in the ecology of the water body.

PART 4 Determining High Status for Morphological Elements

1.  The Department shall undertake detailed screening of morphological conditions to confirm that high status conditions are present within relevant water bodies.

(a) Once the Department has, in accordance with paragraph 4 of Part 1 of Schedule 1, assigned a type to a river or part thereof, the Department shall consider both direct and indirect pressures on the physical character of rivers at local scale, water body scale and catchment scale. The physical character of a river includes the condition of the channel bed, banks and riparian zone, channel pattern and river continuity.

(b) To assess the morphological condition of lake water bodies, the Department shall assign a type in accordance with paragraph 8(c) of Part 1 of Schedule 1. The morphological condition of High Status lakes must not be altered by more than 5%.

(c) To assess the morphological condition of transitional and coastal water bodies, the Department shall consider both direct and indirect pressures on the physical character of transitional and coastal waters at local scale, water body scale and catchment scale.

2.  High Status morphological condition must not be assigned to

(a) Any water body that has been identified as being at risk of failing to achieve good ecological status due to the extent of morphological pressures; or

(b) Any artificial or heavily modified water body.

PART 5 Determining Overall Status of Surface Water Bodies

1.  The Department shall determine the overall status of a surface water body, other than those designated as heavily modified or artificial, by combining the classification of ecological status and chemical status in one of the following and alternative ways:

(a) where the ecological and hydromorphological status of a surface water body is high and the chemical status of the surface water body is good, then the overall status of the surface water body is “high”.

(b) where the ecological status is good and the chemical status is good, then the overall status is “good”.

(c) where the ecological status is high, good or moderate, and the chemical status is failing to achieve good, then the overall status is “moderate”.

(d) where the ecological status is moderate and irrespective of chemical status, then the overall status is “moderate”.

(e) where the ecological status is poor or bad and irrespective of the chemical status, the overall status shall be the same classification as the ecological status, that is “poor” or “bad”.