Statutory Instruments
WATER RESOURCES, ENGLAND AND WALES
Made
12th April 1994
Laid before Parliament
19th April 1994
Coming into force
10th May 1994
The Secretary of State for the Environment and the Secretary of State for Wales, acting jointly in exercise of the powers conferred on them by sections 82 and 219(2) of the Water Resources Act 1991(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:—
1.—(1) These Regulations may be cited as the Surface Waters (River Ecosystem) (Classification) Regulations 1994 and shall come into force on 10th May 1994.
(2) In these Regulations references to a numbered column are references to the column so numbered in the Schedule to these Regulations.
2.—(1) A system employing the classifications RE1, RE2, RE3, RE4 and RE5 is prescribed as a system of classification applying to inland freshwaters which are relevant rivers or watercourses(2).
(2) The criteria for each of the classifications RE1 to RE5 are that the following requirements are satisfied by a series of samples of water taken and analysed in accordance with regulation 3, that is to say—
(a)the 10 percentile of the saturation of dissolved oxygen shall not be less than the value specified in respect of that classification in column (2);
(b)the 90 percentile of the biochemical oxygen demand shall not exceed the value specified in respect of that classification in column (3);
(c)the 90 percentile of the concentration of total ammonia shall not exceed the value specified in respect of that classification in column (4);
(d)the 95 percentile of the concentration of un-ionised ammonia shall not exceed the value, if any, specified in respect of that classification in column (5);
(e)the 5 percentile of the pH value shall not be less than the lower value, if any, specified in respect of that classification in column (6), and the 95 percentile of the pH value shall not exceed the higher value, if any, so specified;
(f)the 95 percentile of the concentration of dissolved copper shall not exceed the value, if any, which is specified in respect of that classification in column (8) by reference to the hardness of the water as described in column (7); and
(g)the 95 percentile of the concentration of total zinc shall not exceed the value, if any, which is specified in respect of that classification in column (9) by reference to the hardness of the water as described in column (7).
3. The following matters, that is to say—
(a)the frequency, location and methods of sampling;
(b)the samples to be used, or to be disregarded, for the purpose of assessing whether any requirement specified in regulation 2(2) is satisfied;
(c)the requirements for analysis of samples; and
(d)the methods of determining percentile values,
shall be determined by the National Rivers Authority in accordance with the procedures, and by reference to the principles, set out in the document dated 30th March 1994 and entitled “Water Quality Objectives: Procedures used by the National Rivers Authority for the purpose of the Surface Waters (River Ecosystem) (Classification) Regulations 1994”.
Signed by authority of the Secretary of State for the Environment
Robert Atkins
Minister of State,
Department of the Environment
8th April 1994
Signed by Authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
12th April 1994
Regulation 2(2)
| (1) Class | (2) Dissolved Oxygen % saturation 10 percentile | (3) BOD(ATU) mg/l 90 percentile | (4) Total Ammonia mg N/l 90 percentile | (5) Un-ionised Ammonia mg N/l 95 percentile | (6) pH lower limit as 5 percentile; upper limit as 95 percentile | (7) Hardness mg/l CaCO3 | (8) Dissolved Copper μg/l 95 percentile | (9) Total Zinc μg/l 95 percentile |
|---|---|---|---|---|---|---|---|---|
| RE1 | 80 | 2.5 | 0.25 | 0.021 | 6.0-9.0 | ≤ 10 > 10 and ≤ 50 > 50 and ≤ 100 > 100 | 5 22 40 112 | 30 200 300 500 |
| RE2 | 70 | 4.0 | 0.6 | 0.021 | 6.0-9.0 | ≤ 10 > 10 and ≤ 50 > 50 and ≤ 100 > 100 | 5 22 40 112 | 30 200 300 500 |
| RE3 | 60 | 6.0 | 1.3 | 0.021 | 6.0-9.0 ≤ 10 > 10 and ≤ 50 > 50 and ≤ 100 > 100 | 5 22 40 112 | 300 700 1000 2000 | |
| RE4 | 50 | 8.0 | 2.5 | — | 6.0-9.0 | ≤ 10 > 10 and ≤ 50 > 50 and ≤ 100 > 100 | 5 22 40 112 | 300 700 1000 2000 |
| RE5 | 20 | 15.0 | 9.0 | — | — | — | — | — |
(This note is not part of the Regulations)
These Regulations prescribe a system of classifying the general quality of inland freshwaters which are relevant rivers or watercourses (as defined in section 104 of the Water Resources Act 1991 (“the Act”)). The system, which consists of five classes ranging in order of decreasing quality from RE1 to RE5, will be used for establishing quality objectives under section 83 of the Act.
Compliance with the requirements prescribed for each classification is determined in accordance with procedures and by reference to principles set out in a document dated 30th March 1994 and entitled “Water Quality Objectives: Procedures used by the National Rivers Authority for the purpose of the Surface Waters (River Ecosystem) (Classification) Regulations 1994”. Copies of the document may be inspected free of charge at, and obtained from, the regional offices of the National Rivers Authority.
A compliance cost assessment in respect of these Regulations may be btained from Water Quality Division, Department of the Environment, Room 412, Romney House, 43 Marsham Street, London SW1P 3PY, or Environment Division, Welsh Office, Cathays Park, Cardiff CF1 3NQ.
1991 c. 57; see section 221(7) as to the joint exercise of functions exercisable concurrently.
See the Water Resources Act 1991, section 104, for the definitions of “inland freshwaters” and “relevant river or watercourse”.