The Bathing Water Regulations 2008

Public information and general provisions about short-term pollution

14.—(1) This regulation applies where, having consulted the local authority or private controller that controls a bathing water, the Agency has established relevant procedures for short-term pollution at the bathing water.

(2) The Agency must—

(a) ensure that the bathing water profile established under regulation 7 contains—

(i) information as to the anticipated nature, frequency and duration of expected short-term pollution;

(ii) details of any remaining causes of short-term pollution;

(iii) details of the Agency management measures taken and the time schedule for the elimination of the causes of the short-term pollution; and

(iv) information on relevant procedures for short-term pollution taken during a short-term pollution incident and the identity and contact details of any person responsible for taking such action;

(b) notify the local authority or private controller that controls the bathing water when short‑term pollution is predicted there; and

(c) publish on its website the following information—

(i) the conditions likely to lead to short-term pollution at the bathing water;

(ii) the likelihood of short-term pollution there and its likely duration;

(iii) the causes of short-term pollution there;

(iv) the relevant procedures for short-term pollution in place there; and

(v) the information referred to in paragraphs (3) and (4).

(3) If the bathing water is controlled by a local authority, the local authority must ensure that the following information is available during the bathing season in the place referred to in regulation 9(1)—

(a) an indication of the number of days for which advice against bathing was introduced there during the immediately preceding bathing season because of short-term pollution; and

(b) a warning whenever short-term pollution is predicted or present there.

(4) If the bathing water is controlled by a private controller, the private controller must ensure that the following information is available during the bathing season in the place referred to in regulation 9(1)—

(a) an indication of the number of days for which advice against bathing was introduced there during the immediately preceding bathing season because of short-term pollution; and

(b) a warning whenever short-term pollution is predicted or present there.

(5) In the event of short-term pollution, the Agency must take one additional sample, as soon as possible after the pollution incident is presumed to have ended, to verify that it has in fact ended.

(6) The Agency may exclude samples taken during short-term pollution from the set of bathing water quality data for the bathing water if—

(a) as soon as possible after the end of a short-term pollution incident, the Agency has taken the additional sample required by paragraph (5) in order to verify that the incident has ended;

(b) the Agency has not included that sample in the set of bathing water quality data for the bathing water; and

(c) seven days after the end of a short-term pollution incident, the Agency has, if necessary, taken an additional sample to ensure that it has the minimum number required for the bathing water for the bathing season.

(7) The Agency must not classify the bathing water under regulation 11 as “sufficient”, “good” or “excellent” unless the number of samples disregarded under paragraph (6) represents no more than the greater of—

(a) 15% of the total number of samples provided for in the monitoring calendars established under paragraph 2 of Schedule 3 for the same period; and

(b) one sample per bathing season.