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7.—(1) The Council shall ensure from the commencement of the authorised works and following their completion that the water quality in the harbour is maintained at all times to the required standard.
(2) For the purposes of this paragraph, the required standard is—
(a)a dissolved oxygen content of not less than 5 milligrams per litre dissolved oxygen, at least 95% of the time and not less than 3 milligrams per litre dissolved oxygen at all times;
(b)a maximum chlorophyll A concentration of 15 micrograms per litre; and
(c)a maximum total algae count of 750 cells per millilitre, at least 95% of the time,
or such alternative standard as the Environment Agency may propose and the Council agree in writing, such agreement not to be unreasonably withheld.
(3) If the Council fails to maintain the water quality in the harbour to the required standard, it shall notify the Environment Agency immediately and the Environment Agency may—
(a)in a case of urgency, itself take such steps as in its opinion are reasonably required to remedy the deficiency and may recover the reasonable cost of doing so from the Council;
(b)in any other case, issue a written direction to the Council requiring the Council at the Council’s expense to take such steps, to be specified in the direction, as in the Environment Agency’s opinion are reasonably required to remedy the deficiency.
(4) If the Council does not comply with a direction issued by the Environment Agency under sub-paragraph (3) above, the Environment Agency may itself carry out the steps specified in the direction and recover the reasonable costs of doing so from the Council.
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