The Bathing Water Regulations 2008

Management measures at bathing waters subject to pollution incidents

12.—(1) This regulation applies where a body or person mentioned in paragraph (2) is aware of—

(a) an incident of contamination by intestinal enterococci or Escherichia coli, other than an incident of short-term pollution to which regulation 15 applies, that the body or person considers may pose a risk to bathing water quality and bathers’ health;

(b) a cyanobacterial proliferation which the body or person considers may pose a risk to bathers’ health;

(c) a proliferation of macro-algae or marine phytoplankton which the body or person considers is unacceptable or may pose a risk to bathers’ health;

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

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

(2) The bodies and persons are:

(a) the Agency;

(b) a sewerage undertaker;

(c) a local authority, or

(d) in the case of a bathing water that has a private controller, the private controller.

(3) The Agency must promptly—

(a) consult—

(i) the local authority in whose area the bathing water is situated;

(ii) if the bathing water is controlled by a private controller, the private controller; and

(iii) if necessary, the local sewerage undertaker; and

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

(4) The sewerage undertaker must, if necessary, promptly consult—

(a) the Agency;

(b) the local authority in whose area the bathing water is situated; and

(c) where the bathing water is controlled by a private controller, the private controller.

(5) If the bathing water is controlled by a local authority, the local authority must promptly—

(a) consult the Agency so far as necessary;

(b) notify the local sewerage undertaker, if necessary;

(c) take such local authority management measures as it considers adequate to protect bathers’ health; and

(d) in the case of pollution by waste, remove the waste.

(6) If the bathing water is controlled by a private controller—

(a) the local authority must, where necessary, promptly—

(i) consult the Agency and the private controller; and

(ii) notify the local sewerage undertaker; and

(b) the private controller must promptly—

(i) consult the Agency and the local authority so far as necessary;

(ii) take such private controller management measures as the controller considers adequate to protect bathers’ health; and

(iii) in the case of pollution by waste, remove the waste.