The Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 1996

Waivers

4.—(1) Subject to the following provisions of this regulation, the Environment Agency may waive any requirement to comply with the relevant limit value for any parameter in relation to waters classified under these Regulations if the Agency considers it appropriate to do so—

(a) as a result of any flood or other natural disaster;

(b) in the case of a limit value marked (O) in Schedule 1, as a result of exception meteorological or geographical conditions;

(c) where the waters undergo natural enrichment in certain substances as a result of which the waters would exceed the relevant limit value for that parameter; or

(d) in the case of a shallow lake or virtually stagnant surface water, for parameters marked with an asterisk in Schedule 1.

(2) The Environment Agency shall not waive any such requirement if that would result in a danger to public health.

(3) Paragraph (1)(d) above shall only apply in the case of a shallow lake where—

(a) the depth of the lake does not exceed 20 metres;

(b) the exchange of water is slower than a year; and

(c) waste water is not discharged into the lake.

(4) Where the Environment Agency exercises its power under paragraph (1) above, it shall immediately notify the Secretary of State in writing giving details thereof, stating its reasons and specifying the period of the waiver.

(5) In this regulation “natural enrichment” means a process whereby, without human intervention, a given body of water receives from the soil certain substances contained therein.