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.