The Scottish Government

Water Environment - Legislation

BATHING WATER DIRECTIVE

DANGEROUS SUBSTANCES DIRECTIVE

FRESH WATER FOR FISH DIRECTIVE

GROUNDWATER DIRECTIVE

NITRATES DIRECTIVE

SHELLFISH DIRECTIVE

STANDARDISED REPORTING DIRECTIVE

URBAN WASTE WATER TREATMENT DIRECTIVE

WATER ENVIRONMENT AND WATER SERVICES (SCOTLAND) ACT 2003

WATER ENVIRONMENT OIL STORAGE (SCOTLAND) REGULATION 2006

WATER FRAMEWORK DIRECTIVE

The Directive is intended to protect the environment and public health at locations where bathing is not prohibited and is traditionally practised by a large number of bathers, by enforcing the achievement of a number of standards, mainly chemical and microbiological.

The Directive requires that all bathing waters meet the mandatory (or good) limit values set in the Directive. To achieve this classification, the Directive requires that 95% of samples taken from a bathing water during the bathing water season (1 June to 15 September) meet the mandatory standard.

The Directive also requires that waters classified for bathing are properly identified. Scotland's identified bathing waters - delineated areas of water around a sampling point - were designated on the basis of significant use, taking into account varying population densities and visitor numbers throughout Scotland.

Implementation of the Directive

Bathing Waters (Classification) (Scotland) Regulations 1991 (1991/1609 - S.144) came into force on 9 August 1991. These Regulations prescribe a system of classification for determining the quality of relevant territorial waters, coastal waters and inland waters which are bathing waters. The classification BW1 prescribed by the Regulations reflects the mandatory standards laid down in the Annex to the Bathing Water Directive concerning the quality of bathing water.

BATHING WATER DIRECTIVE (20067/EC)

The revised Directive repeals the existing Directive (above) with effect from 31 December 2014 or as soon as a Member State has taken all necessary legal, administrative and practical measures to comply with this Directive.

The revised Directive introduces much tougher standards, but based on only two parameters - Intestinal enterococci and Escherichia coli - rather than the many measured before. It puts in place three new compliance categories - excellent, good (broadly equivalent to the existing guideline standard) and sufficient. The Executive will be required to ensure that all bathing waters are of sufficient standard by 2015 and that appropriate measures are taken to increase the numbers classified as excellent or good. Classification will be based on four years' worth of data.

From 2008, Member States will be required to identify all bathing waters and the length of the bathing season annually prior to the start of the bathing season. This is a change to the current system where designated sites are considered to be bathing waters until further notice.

The revised Directive also ties in with the requirements of the Water Framework Directive. A report on risks to designated bathing waters will be produced by SEPA to inform that Directive's River Basin Management Planning process as well as meet the revised Bathing Water Directive's requirement for bathing water profiles. SEPA will also be required to develop and implement improvement plans for any bathing water classified as poor.

The revised Directive also requires greater dissemination of information and specific elements of public participation. Specific information must be made available, especially during short-term pollution incidents. The Directive also encourages greater public participation in the establishment, review and updating of lists of bathing waters - an activity the Executive is already undertaking through its appointment of a Bathing Water Review Panel.

The Dangerous Substances Directive (2006/11/EC) has codified and repealed Directive 76/464/EEC, but continues to require Member States to introduce measures to eliminate (List I) or to reduce (List II) dangerous substances, specified in the Annex to the Directive, from polluting inland surface waters, territorial waters and internal coastal waters. Discharges have to be authorised and are subject to specific emissions standards, which are laid down on the basis of toxicity, persistence and bioaccumulation within the environment. The 1980 Groundwater Directive deals with the protection of groundwater. Several daughter directives lay down specific limit values for discharges according to the type of industry concerned and the quality objectives for the receiving waters. These are listed below:

Daughter Directives:

Dangerous Substances Directive (86/280/EEC) - This Directive lays down specific limit values for discharges according to the type of industry concerned and the quality objectives for the receiving waters. It also sets reference methods of measurement and the limit of detection.

Dangerous Substances Directive (90/415/EEC) - This Directive amended Annex II to Directive 86/280/EEC on the limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC.

Four Daughter Directives on discharges of list 1 substances

• Mercury from the chlor-alkali industry Directive (82/176/EEC)
• Cadmium Directive (83/513/EEC)
• Mercury from other industrial sectors Directive (84/156/EEC)
• Hexachlorocyclohexane (HCH) Directive (84/491/EEC)

Implementation of these Directives in Scotland

Prior to the implementation of the Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1990 (126/1990), Directive 76/464/EEC and its Daughter Directives, were largely implemented in Scotland through administrative means, including the following government circulars and letters:

SDD letter of 16 August 1982 containing advice note for information only on the Mercury (chloralkali electrolysis industry) Directive (82/176/EEC)

SDD letter of 20 December 1984 containing advice note on List II substances.

SDD letter of 21 March 1985 containing advice note on the Cadmium Directive (83/513/EEC)

SDD letter of 28 June 1985 with advance notice of the requirements of the Mercury (other industries) (84/156/EEC) and HCH Directives (84/491/EEC).

SDD Circular No 34/1985 issued to River Purification Boards (now SEPA)and Island and Regional Councils on 29 November 1985 as consolidated guidance on the control of both List I and II substances under the 1976 Dangerous Substances Directive. The circular also summarises the controls required to implement the Daughter Directives: 82/176/EEC; 83/513/EEC; 84/156/EEC; and 84/491/EEC.

SDD letter of 19 November 1987 advising River Purification Boards (now SEPA) and local councils of the adoption of a Directive, 86/280/EEC, on limit values and quality objectives for discharges of certain list 1 dangerous substances. This also provided specific provisions on three list 1 substances: DDT, pentachlorophenol (PCP) and carbon tetrachloride (CTC).

Regulations

Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1990 (126/1990)came into force on 27 February 1990. They prescribed a system for classifying the quality of inland, coastal and relevant territorial waters by the presence of concentrations of certain list 1 and list 2 substances, for the purposes of setting water quality objectives for these waters. In addition, a Direction was made to the River Purification Authorities under section 54 of the Control of Pollution Act 1974 (COPA) to impose conditions of consent under Part II of COPA in order to comply with Directives relating to discharges of dangerous substances. Also a duty was imposed to undertake such monitoring procedures necessary to comply with these Directives.

Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1992 (574/1992) came into force on 1 April 1992. These regulations prescribe a system of classifying the quality of inland, coastal and territorial waters, DS3, which reflects the quality objectives specified in the annex to Directive 90/415/EEC (amending Directive 86/280EEC) for certain list I dangerous substances. In addition, a Direction was made to the River Purification Authorities under s35 and 54 of COPA 1974 to impose conditions on consents necessary to comply with Directive 90/415/EEC and to institute such monitoring procedures specified in the regulations.

Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1998 (1998/250) came into force on 1 April 1998. These regulations prescribe a system for classifying inland waters, DS4, and for coastal waters, DS5, with a view to reducing pollution of these waters by certain dangerous substances in list II of the Directive. SEPA is also required to sample such waters in order to monitor for the presence of these substances.

Surface Waters (Dangerous Substances) (Classification) (Scotland) (No.2) Regulations 1998 (1998/1344) came into force on 1 July 1998. They further tighten the EQSs of 4 substances first set in the 1990 Regulations and provide statutory Environmental Quality Standards for 20 List II substances, in order to establish water quality objectives for those substances for the purposes of meeting Article 7 of the 1976 Directive. The regulations also require SEPA to sample and monitor waters for these substances. These Regulations also modified s30c of COPA 1974 providing for the establishment of water quality objectives, and amended the Surface Water (Dangerous Substances) (Classification) (Scotland) Regulations 1990 to reduce the specified concentrations of the 4 drin group substances.

This Directive aims to protect or improve running or standing fresh waters which support, or would become capable of supporting, indigenous or other desirable species of fish. It requires Member States to designate fresh waters for fish (as either salmonid or cyprinid waters) and establish measures, called pollution reduction programmes, for their improvement where necessary. These measures must be directed towards ensuring that the waters attain the required, mainly chemical, standards.

Implementation of the Directive

1. The Directive is transposed in Scotland by the following legal instruments:

Surface Waters (Fishlife) (Classification) (Scotland) Regulations 1997 (1997/2471 - S.163) - which prescribe the system for classifying the quality of inland waters which need protection or improvement in order to support fish life

The Surface Waters (Fishlife) (Classification) (Scotland) Amendment Regulations 2003 - which require Scottish Environment Protection Agency (SEPA) to establish pollution reduction programmes of measures for the classified waters as required by Article 5 of the Directive, and amends the 1997 Regulations in relation to the reduction in the sampling frequency of designated waters which are of appreciably high quality, or the cessation of sampling for non-polluted waters, as allowed by Article 7(2) of the directive

The Surface Water (Fishlife) (Classification) (Scotland) Directions 2007 - which lists the classified river systems and the use of SEPA's digitised river network for reporting purposes

The Surface Water (Fishlife) (Scotland) Direction 2007 - which sets out the procedures and duties for SEPA concerning the classified waters.

Classified freshwater fish waters in Scotland

The waters that are currently designated under the terms of this Directive are listed in the Surface Water (Fishlife) (Classification) (Scotland) Directions 2007. A map showing their locations can be viewed on SEPA's website at www.sepa.org.uk/pdf/data/salmonid/map_of_salmonid_waters.pdf. (Other information, such as the pollution reduction programmes drawn up by SEPA to protected these freshwater fish waters, may also be viewed on its website at http://www.sepa.org.uk/data/fish/introduction.htm )

The purpose of this Directive is to prevent the pollution of groundwater by substances belonging to families or groups of substances described in Lists I and II of its Annex. The Directive's aim is to prevent the discharge of List I substances, and to limit the discharge of List II substances, to groundwater. The discharge of List 1 and II substances is authorised by the Scottish Environment Protection Agency under the terms of the Water Environment (Controlled Activities) Regulations 2005. Further information about SEPA's authorisation for the discharge of listed substances can be found on its website at:- www.netregs.gov.uk/netregs/275207/275475/1460372/?lang=_e

The provisions of the Groundwater Regulations have, in Scotland, been repealed and replaced by provisions in the Water Environment (Controlled Activities) (Scotland) Regulations 2005 - also known as 'Controlled Activities Regulations' or 'CAR'. These may be viewed at www.opsi.gov.uk/legislation/scotland/ssi2005/20050348.htm

History of Implementation of the Directive in Scotland

Initially, the then Scottish Office believed that the provisions within the Control of Pollution Act 1974 (Part II) for the protection of water were sufficient also for the protection of groundwaters. S31 of COPA made it an offence for anyone to allow polluting matter to enter specified underground water, and anyone applying for consent to discharge (s34) to be subject to conditions. The conditions would specify steps to be taken to prevent the discharge from coming into contact with any specified underground water.

The Control of Pollution (Prescription of Underground Water)(Scotland) Regulations 1984 (1984/866) came into force on 26 July 1984. They prescribed the underground water to which controls of Part II of COPA 1974 (excluding groundwater in strata to which the Clyde River Purification Board Act 1972 applied, as this is protected under that particular Act). Part II of COPA contains provision for controlling the pollution of water.

The Waste Management Licensing Regulations 1994 (1994/1056) came into force on 1 May 1994. These regulations gave powers to waste regulation authorities to ensure that disposal of list I and II substances that might lead to a direct or indirect discharge to groundwater would only be authorised (in the case of list 1) where these waters are unsuitable for any other purpose or (list II) where all technical precautions to prevent such pollution have been observed.

Groundwater Regulations 1998 (1998/2746) came into force between 2 December 1998 and 1 April 1999. These were introduced in order to complete the implementation of the Groundwater Directive, and prevent the pollution of groundwater from the Directive's listed substances. The regulations require that anyone disposing of waste containing these substances to land (and not already requiring a waste management licence) and to obtain authorisation from SEPA in order to do so. The regulations also give powers to SEPA to prohibit or regulate activities on land that pose a threat to groundwater.

This Directive is designed to protect water against pollution caused by nitrate from agriculture sources. It aims to reduce the level of nitrate in those areas where the water is polluted and to prevent new pollution from arising. The Directive requires Member States to introduce a voluntary code of good agricultural practice to provide a general level of protection against nitrate pollution in all waters; designate high-nitrate areas as Nitrate Vulnerable Zones (NVZs); and to establish action programmes in these areas. There are currently 4 NVZs in Scotland - the Moray, Aberdeenshire, Banff and Buchan area; the Strathmore and Fife area; the Lothian and Borders area; and the lower Nithsdale.

Implementation of the Directive

The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002

This instrument came into force in June 2002 and designates areas of Moray, Aberdeenshire, Banff and Buchan; Strathmore and Fife; and Lothian and Borders as NVZs. These designations subsumed the existing NVZs at Balmalcolm in Fife and the Ythan catchment in Aberdeenshire.

The Designation of Nitrate Vulnerable Zones (Scotland) (No. 2) Regulations 2002

This instrument came into force in January 2003 and designates the lower Nithsdale as an NVZ.

The Action Programme For Nitrate Vulnerable Zones (Scotland) Regulations 2003

This instrument came into force in February 2003, and introduces action programme measures for farmers in designated NVZs. The proposed action programme focuses on limiting nitrate input to crop requirement and the storage, timing and amount of application of certain fertilisers to minimise nitrate leaching. Different closed periods have been put in place for different types of fertiliser, and to reflect local environmental conditions in the different NVZs.

The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2003

The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2000

The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 1998

The purpose of this Directive is to provide protection and improvement for coastal and brackish waters to support shellfish life and growth, and thus contribute to the quality of shellfish products directly edible by man. It requires Member States to designate shellfish waters and establish programmes for their improvement where necessary. The improvement programmes must be directed at the waters obtaining the required standards, which are mainly chemical and microbiological.

Scotland has at present 33 designated shellfish waters. The Commission has indicated that this is insufficient and we are currently consulting on designating a further 81. The criterion for designation is that sustainable production should be carried on at that location. The Commission has queried this policy, evidently believing that gathering and capture fisheries should be taken more fully into account. These questions are currently unresolved.

This Directive is intended to work in parallel with the Shellfish Hygiene Directive (91/492/EEC) (not to be repealed), which designates areas from which shellfish may be sold if they meet chemical and microbiological standards bearing an uncanny resemblance to those of the Shellfish Waters Directive. The Commission believes there should be a good match between designations under the two Directives. We are working towards achieving this but are some way away from a full overlap.

Implementation of the Directive

Surface Waters (Shellfish) (Classification) (Scotland) Regulations 1997 (1997/2470 - S.162) came into force on 18 November 1997. These Regulations prescribe a system for classifying the quality of controlled waters which are coastal or brackish waters which need protection or improvement in order to support shellfish life and growth. They also incorporate the reference methods of measurement, and the minimum frequency required for sampling and analysis, laid down in the Directive for those parameters. The Directive was also transposed by various directions to SEPA thereunder.

The Surface Waters (Shellfish) (Scotland) Directions 1997

The Surface Waters (Shellfish) (Classification) (Scotland) (Amendment) Direction 1998

The Surface Waters (Shellfish) (Classification) (Scotland) Direction 1998

The Surface Waters (Shellfish) (Classification) (Scotland) Direction 2000

The Surface Waters (Shellfish) (Classification) (Scotland) Direction 2002

The Surface Waters (Shellfish) (Classification) (Scotland) Direction 2006

Shellfish Water Designations Map

The EC Standardised Reporting Directive 91/692/EEC requires Member States to collate environmental data concerning seven water Directives and to transmit this to the Commission at intervals of three years and within nine months of the end of this period (unless otherwise agreed with the Commission beforehand). The Directives concerned are:

• Abstraction of Drinking Water Directive 75/440/EEC
• Dangerous Substances Directive 76/464/EEC
• Titanium Dioxide Directive 78/176/EEC
• Freshwater for Fish Directive 78/659/EEC
• Shellfish Waters Directive 79/923/EEC
• Groundwater Directive 80/68/EEC
• Quality of Water intended for Human Consumption Directive 80/778/EEC

The information required was specified in outline templates in Council Decisions from 1992 and 1995. The Executive is responsible for ensuring that the completed data returns for Scotland are submitted to the Department of the Environment, Food and Rural Affairs (DEFRA) who are responsible for collating the UK return and submitting it to the European Commission. The first reporting cycle was 1993-95, the second 1996-98 and the third, and most recent, 1999-01.

The majority of the environmental data required under the Directive is collected by the Scottish Environment Protection Agency, with additional responsibilities falling to Scottish Water (for Directive's 75/440/EEC, 76/464/EEC and 80/778/EEC) and the Executive (for details of the legislation used to implement the Directives).

The aim of Urban Waste Water Treatment Directive is to protect the environment by ensuring that all significant discharges of sewage from urban waste water and biodegradable waste water from the food-processing industry are treated before they are discharged into the water environment.

The Directive imposes obligations to establish waste water collection and treatment systems within a timescale and to specific standards, depending on the size of the community (agglomeration) and the location of the discharge. Discharges into areas identified as "sensitive" require more stringent treatment than the secondary treatment specified in the Directive. Among other things, the Directive requires appropriate treatment to be provided for discharges from smaller agglomerations and also brings to an end to the disposal of sewage sludge at sea.

The Directive requires Member States to identify sensitive areas of the marine and freshwater environment on the basis of a number of criteria. The types of sensitive areas, and the corresponding higher levels of treatment required, are:-

• areas suffering from eutrophication or which may become eutrophic. This usually requires the removal of phosphorus from sewage treatment discharges where freshwater is concerned, and nitrogen for marine waters;

• areas to protect drinking water supplies from excessive nitrates. Removal of nitrogen from sewage treatment discharges, which may lead to nitrates concentration increases in a drinking water resource; and

• areas where more stringent levels of sewage treatment are needed to meet the requirements of other EU Directives. In general, if another Directive requires higher levels of sewage treatment (eg. disinfection to protect bathing waters), work will have been undertaken or planned under the terms of that Directive, irrespective of whether or not it has been designated as a sensitive area under the terms of the Urban Waste Water Treatment Directive.

Higher level (tertiary) treatment is in place to protect all sensitive areas designated in Scotland.

Implementation of the Directive

Urban Waste Water Treatment (Scotland) Regulations 1994 (1994/2842 (S.144)) came into force on 30 November 1994. The Regulations require the water authorities to establish "collecting systems" for urban waste water which will be subject to certain treatment by specified dates. This is determined according to the size of the "agglomeration" from which the waste water comes and the nature of the waters into which the treated waste water is discharged. The Regulations also require SEPA to grant and modify discharge consents under Part II of the Control of Pollution Act 1974 in relation to the discharges, which establishes that biodegradable industrial waste water from listed industrial sectors satisfies the requirements appropriate to the nature of the industry concerned. The Regulations place a duty on SEPA to ensure that monitoring of discharges and waters to which the Regulations apply are carried out.

The Water Environment and Water Services (Scotland) Act 2003 will enable Scottish Ministers to implement the EC Water Framework Directive in Scotland.

The Bill was introduced into the Scottish Parliament on 18 June 2002 and received Royal Assent on 5 March 2003.

For the first time the Act establishes a planning system for the water environment with SEPA as the lead authority working alongside the public, private and voluntary sectors.

The Act ensures that all human activities that can have a harmful effect on the water environment can be controlled by establishing a framework for co-ordinated controls on water abstraction and impoundment, engineering works near watercourses, and all forms of pollution to water.

The WFD Directive 2000/60/EC applies to all water in the natural environment - that is all rivers, lochs, estuaries and coastal waters as well as water under the ground. The basic objectives to be achieved as set out in Article 4(1) can be summarised as follows:

• prevent deterioration in the status of surface water bodies;
• protect, enhance and restore all bodies of surface water with the aim of achieving good surface water status by 2015;
• prevent deterioration of the status of groundwater bodies;
• protect, enhance and restore all bodies of groundwater with the aim of achieving good groundwater status by 2015;
• prevent or limit the input of pollutants to groundwater and reverse any significant and sustained upward trend in the concentration of pollutants in groundwater;
• comply with European wide measures against priority and priority hazardous substances; and
• achieve compliance with any relevant standards and objectives for protected areas

The Water Environment and Water Services (Scotland) Act sets out new arrangements for the protection of the water environment and changes how new connections to the public water and sewerage infrastructure are to be funded.

The water environment provisions of the Act (Part 1) make provision and enable provision to be made for or in connection with implementing Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy ("the Directive").

Article 1 of the Directive sets out the main outcomes that it is intended to deliver. These are to be realised through the achievement of the environmental objectives set out in Article 4.

In addition, there is flexibility for Member States to take account of social, economic or wider environmental considerations by applying other objectives where it would be infeasible or disproportionately expensive to achieve the basic objectives. The circumstances in which these alternative objectives may apply are set out in the rest of Article 4.

The Directive requires Member States to put in place systems for managing their water environments, based on natural river basin districts and underpinned by extensive environmental monitoring and scientific investigation, called "river basin management". It further requires Member States to take account of the need to recover the costs of water services as a way of encouraging the sustainable use of water resources.

The Directive repeals and replaces a number of older EC water Directives and incorporates the remaining existing water Directives (the Bathing Water, Nitrates and Urban Waste Water Treatment Directives) into its framework through its protected areas provisions. The "Natura" Directives on the protection of Habitats and Birds are also linked to this Directive by virtue of the protected area provisions.

Further information on the WFD can be obtained here