PART 5MANAGEMENT OF BATHING WATERS

Management measures at bathing waters subject to pollution incidents12

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.