Designation of mixing zonesS
18.—(1) SEPA may designate a mixing zone adjacent to any point of discharge to the water environment which is a controlled activity.
(2) SEPA must ensure that the extent of any such zone is—
(a)restricted to the proximity of the point of discharge; and
(b)proportionate, having regard to the concentrations of pollutants at the point of discharge and to the conditions on emissions of pollutants contained in any prior authorisation.
(3) Where SEPA designates a mixing zone, concentrations of one or more substances listed in Part A of Annex I to the Priority Substances Directive may exceed the relevant environmental quality standards within that zone, provided that this does not affect the compliance of the rest of the body of surface water with those standards.
(4) The river basin management plan (or the next update of it) for a river basin district within which a mixing zone (or any part of a mixing zone) has been designated must include a description of—
(a)the approaches and methodologies applied to define such zones; and
(b)measures taken with a view to reducing the extent of the mixing zones in the future.
(5) In paragraph (1), “controlled activity” has the meaning given in regulation 2(1) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 M1.
Marginal Citations
M1S.S.I. 2011/209, as amended by S.S.I. 2012/360 and S.S.I. 2013/176.