Ordinance On Bathing Water And Bathing Areas

Original Language Title: Bekendtgørelse om badevand og badeområder

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Overview (table of contents)



Chapter 1



The scope of the





Chapter 2



Supervision and control, authorities, etc.





Chapter 3



Bans, injunctions, etc.





Chapter 4



Criminal provisions





Annex 1



Quality requirements for fresh water





Annex 2



Assessment and classification of bathing water





Annex 3



The bathing water profile





Annex 4



Monitoring of bathing water





Annex 5



Symbol





Annex 6



Definitions on water bodies



The full text of the Ordinance on bathing water and badeområder1)

Pursuant to § 14, § 16, section 18, paragraph 1, article 73, section 80 and section 110, paragraph 3, of the law on environmental protection, see. lovbekendtgørelse nr. 879 of 26. June 2010, as amended by Act No. 484 of 11. May 2010, law No. 1273 of 21. December 2011 and nr. 446 of 23. may 2012, fixed: Chapter 1 scope § 1. This notice applies to bathing water and bathing areas.

(2). By bathing water shall mean: 1) fresh water and sea water, as municipal Council expects in General used for bathing, and which are not covered by a municipal Board issued a permanent bathing prohibition or advice against bathing.

2) fresh water and sea water for bathing water in a municipality level.

(3). Bathing areas are areas designated for bathing purposes in the municipality plan, as well as other areas where there are bathing water.

(4). The notice shall not, however, apply to: 1) swimming pools and hot tubs.

2) Confined waters subject to treatment or used for therapeutic purposes.

3) Artificially landscaped, confined waters separated from surface water and groundwater.

(5). Bathing season is the period from the 1. June to 1. September. The Municipal Council may, for individual or all beaches in the municipality prior to the start of the bathing season extend the swimming season to 15. September. Extension of the bathing season are to be reported to the Agency at the latest 1. April and may not be shortened during the bathing season.

(6). Surface waters, groundwater, transitional waters and coastal water as defined in annex 6.

(7). By permanent means: the prohibition or advice of bathing, which at least applies to an entire bathing season.

(8). By public means one or more natural or legal persons who, directly or indirectly affected by the plan, and associations and organizations whose statutes or laws demonstrates its purpose, and representing at least 100 members. The scope of the public purposes is, among other things. protection of the landscape, heritage, nature, environmental interests, sports and hobbies.

Chapter 2 Supervision and control, authorities, etc.

§ 2. The Municipal Council supervises the bathwater in order to establish bathing water quality and to ensure that the water is not contaminated, and leave in accordance with §§ 4 and 5 take samples of the water for further investigation.

(2). The bath water is polluted, when samples cannot achieve ' satisfactory quality ', see. Annex 1, or there is an instance of microbiological contamination, growth of cyanobacteria, macro algae, marine phytoplankton or other organisms or waste affecting bathing water quality and pose a health risk to bathers.

(3). Pollution is available also, if there is a content of chemical substances in the water, there is a danger to health.

(4). The Municipal Council oversees, to avoid contamination of the bathing area.

§ 3. The Municipal Council shall designate as the monitoring place it place in the bathing area, where there is expected to be the greatest number of bathers, or where there is the greatest risk of pollution according to the bathing water profile.

(2). The Municipal Council draws up plan for monitoring for each bathing water in accordance with annexes 4 and send it to nature Agency at the latest 1. April. Reporting is done in a format provided by the Agency. In addition, there must, where necessary, samples shall be taken for the purpose of delimitation of known sources of pollution, such as URf.eks. ports, sewage outfalls and estuary of the rivers.

(3). Each time schedule, see. Annex 4, nr. 5, surveillance monitoring shall be suspended, must report this to the local nature Agency and specify the reasons therefor.

(4). The Municipal Council shall prepare each year a list of all the monitoring sites and shall forward it to the Agency by 1. April. Reporting is done in a format provided by the Agency.

§ 4. The Municipal Council must select for testing for intestinal enterococci and Escherichia coli at least 4 samples of bathing water in the context of each bathing season. For beaches with prolonged bathing season, see. section 1 (5) 2. paragraph, shall be taken at least 5 samples of bathing water in the context of each bathing season. The samples must be checked in accordance with Annex 1.

(2). Samples must be taken and examined in a laboratory that is accredited for this purpose, see. the applicable at any time the Executive order on quality requirements for environmental measurements.

(3). If bathing water quality with statistical certainty is inferior to "satisfactory", as specified in annex 1, the number of samples must be increased to at least 10 per season.

§ 5. The local authority assesses bathing water quality for each bathing water after each bathing season. Bathing water quality is assessed on the basis of the set, which is drawn up in accordance with Annex 1 of bathing water quality data for the past year and the three preceding bathing seasons, and determined in accordance with the procedure laid down in annex 2. Data sets for assessing bathing water quality always consist of at least 16 samples.

(2). Bathing water quality may, however, be assessed on the basis of a set of bathing water quality data for less than four bathing seasons if 1) bathwater is newly appointed, or 2) if occurring changes, which are likely to affect the classification of bathing water in accordance with section 8, in which case the assessment shall be made on the basis of a set of bathing water quality data consisting solely of the results of samples collected after the recent changes.

§ 6. The Municipal Council can subdivide or together existing bathing waters on the basis of the assessments of water quality.

(2). Bathing waters can only be merged if they 1) are coherent, 2) the four previous years have achieved almost the same assessment, and (3)) have bathing water profiles, all showing the same risk factors or absence of same.

§ 7. Councillor report once a year to nature Agency by 1. November results of the studies carried out under section 5 of the classification that is made under section 8 and the measures under section 11, that has been launched in that year. Please report no beings in a format provided by the Agency.

Classification and development of bathing water profiles



§ 8. The Municipal Council classifies on the basis of the sections 4-6 of the bathing water quality assessment carried out and in accordance with the criteria referred to in annex 2 bathing water as ' poor ', ' satisfactory ', ' good ' or ' excellent '.

(2). With a view to increasing the number of bathing waters classified as ' good ' and ' excellent ', see. (1) the Municipal Council shall take such measures as it considers reasonable, including involvement of bathing water quality as a part of the municipality's general planning.

(3). The Municipal Council shall ensure that all bathing waters by the end of the 2015 bathing season at least is ' satisfactory '.

§ 9. The Municipal Council shall draw up bathing water profiles in accordance with annex 3. Each bathing water profile may cover a single bathing water or more contiguous bathing waters. Municipal bathing water profiles shall submit annually by 1. November to nature Agency. Please report no beings in a format provided by the Agency.

(2). Bathing water profiles shall be reviewed and updated, as specified in annex 3.

(3). Designation of new bathing area shall be drawn up by the bathing water profile by 1. April before the next bathing season.

Participation by and information for the public



§ 10. Prior to and throughout the bathing season sets up Municipal Council at an accessible place and in the immediate vicinity of the bathing area information about 1) the current bathing water classification by means of clear and simple symbol, as specified in annex 5, part 2 of 2) a general description of the bathing water in a non-technical language, based on the bathing water in accordance with annex 3 set profile and 3) indication of where more complete information can be searched, without prejudice. (2).

(2). The information referred to in paragraph 1 on bathing water, together with the following information shall be published in the appropriate media, including on the Internet and, if necessary, in several languages: 1) a list of bathing waters for the public concerned, 2) the classification of each bathing water over the last three years and its bathing water profile, including the results of the monitoring carried out since the last classification , 3) in the case of bathing waters classified as ' poor ', see. Annex 2, information on pollution causes and on measures taken to prevent the bathers ' exposure to pollution, and to alleviate the causes and 4) for bathing water, with the risk of short-term pollution, see. Annex 4, General information about a) what conditions that is likely to cause short-term pollution, b) indication of the number of days when there was a bathing prohibition, or where bathing was deprecated in the previous season because of such pollution,


c) probability of such pollution and its likely duration, and d) pollution causes and the measures taken with a view to preventing bathers ' exposure to pollution and to remedy the causes.

(3). Results of the monitoring referred to in article 6. (2). 2, must be available on the Internet, immediately the analytical result is available.

Chapter 3 Prohibition, injunction, etc.

§ 11. If monitoring reveals contamination of bathwater or bathing area Councillor shall take measures to remedy them.

(2). Pollution can not immediately remedied, dismantles the Municipal Council after consultation with the health protection agency immediately banning bathing or discourages bathe at that location.

(3). Bathing water must be classified as ' poor ', see. Annex 2, introduces the Municipal Council permanent bathing prohibition or advice against bathing for the entire bathing season.

(4). Bathing prohibition or advice against bathing, without prejudice. (3) may be of shorter duration, provided that the Municipal Council shall take appropriate measures for the identification of and the prevention, reduction or elimination of the causes of pollution, and it can be stated that the bathers are not exposed to pollution.

(5). If a bathing water in five consecutive years are to be classified as ' poor ', introduces the Municipal Council a permanent bathing prohibition. The Municipal Council may, however, introduce a permanent bathing prohibition before the expiry of this five-year period, if the Municipal Council considers it impossible or disproportionately expensive to achieve a higher classification.

(6). The local authority provides information on the prohibition of bathing immediately or advice against bathing is available to the public and sets up instantly in an easily accessible location in the immediate vicinity of each bathing water information about this, see. § 10. Information must be done using a clear and simple symbol, as specified in annex 5, part 1.

(7). Is cross-border pollution, see. paragraphs 3 to 5 shall be notified to the competent foreign authority with a view to the establishment of joint efforts to safeguard the notice requirements for bathing water quality.

(8). Prohibition of bathing or information that the advice against bathing shall contain information about the cause, the time period within which it is in force, as well as information about where you can obtain further information. If bathing waters are affected by transitory contamination, must be stated thereon together with those in section 10, paragraph 2, no. 4, the information referred to. For bathing waters affected by abnormal situations be informed about their nature and expected duration.

§ 12. For municipal and private bathing areas that are accessible to the public, the Municipal Council shall take the necessary measures to ensure the hygienic conditions, including the cleanliness and decor of toilets.

(2). For other bathing areas, the Municipal Council give orders concerning the measures referred to in paragraph 1.

§ 13. The Municipal Council may issue regulations concerning dogs presence in the water and in the bathing area.

(2). In regulations adopted in accordance with paragraph 1, it shall be determined that the dogs should not be allowed within defined areas or times of the year.

Chapter 4 Criminal provisions of section 14. Unless a higher penalty is inflicted for other legislation, is punishable by a fine anyone who fails to comply with bathing prohibition pursuant to section 11 or injunctive relief under section 12 (2).

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

(3). In the regulations drawn up by the Municipal Council under section 13, may be fixed penalty of fine.

Entry into force and transitional provisions



§ 15. The notice shall enter into force on 25 July. September 2012.

(2). Bathing water and bathing areas are governed by the guidelines in the region plan until this is replaced by a town plan, referred to in article 6. section 5 of law No. 571 of 24. June 2005 on amendments to the law on planning.

(3). Executive Order No. 1283 of 15. December 2011 on bathing water and bathing areas shall be repealed.

(4). Decisions after the notice referred to in paragraph 3, shall retain their validity.

The Ministry of the environment, the 18. September 2012 Ida Auken/Thorbjørn Derbes



Annex 1



Quality requirements for fresh water



Parameter





Excellent quality





Good quality





Satisfactory quality







Intestinal enterococci (cfu/100 mL)





2001)





4001)





3302)









Escherichia coli



(cfu/100 mL)





5001)





10001)





9002)





 

 

 

 







Kvalitetskrav for kystvande og overgangsvande







 

 

 

 





Parameter





Excellent quality





Good Quality





Satisfactory quality







Intestinal enterococci (cfu/100 mL)





1001)





2001)





1852)









Escherichia coli



(cfu/100 mL)





2501)





5001)





5002)





 

 

 

 







1) Ud fra en vurdering af 95- percentilen. See annex 2









2) on the basis of an assessment of the 90-percentile. See annex 2





 

 

 

 











Annex 2



Assessment and classification of bathing water 1. Poor quality

Bathing waters are to be classified as ' poor ', if, for the microbiological tællinger1) in a data set of bathing water quality data for the last vurderingsperiode2) is ringere3) than the values ' satisfactory ' in annex 1.

2. Satisfactory quality

Bathing waters are to be classified as ' satisfactory ', 1) If, for the microbiological tællinger1) in a data set of bathing water quality data for the last vurderingsperiode2) is equal to or bedre4) than the values of ' satisfactory quality ' in annex 1, and



2) if the bathwater is affected by short-term pollution, on condition that



a) appropriate measures are taken, including surveillance, early warning and control with a view to preventing bathers ' exposure to pollution, by issuing a warning or, where necessary, a bathing prohibition



b) appropriate measures are taken to prevent, reduce or eliminate the causes of pollution, and



(c)) the number of samples that are left out of account in accordance with annex 4, nr. 4, because of short-term pollution, in the last assessment period represented no more than 15% of the total number of samples as specified in the schedule for control monitoring established for that period, or no more than one sample per bathing season, whichever is the highest.

3. Good quality

Bathing waters are to be classified as ' good ', 1) If, for the microbiological tællinger1) in a data set of bathing water quality data for the last vurderingsperiode2) is equal to or bedre4) than the values ' good quality ' in annex 1, and



2) if the bathwater is affected by short-term pollution, on condition that



a) appropriate measures are taken, including surveillance, early warning and monitoring with a view to preventing bathers ' exposure to pollution, by issuing a warning or, where necessary, a bathing prohibition



b) appropriate measures are taken to prevent, reduce or eliminate the causes of pollution, and




(c)) the number of samples that are left out of account in accordance with annex 4, nr. 4, because of short-term pollution, in the last assessment period represented no more than 15% of the total number of samples as specified in the schedule for control monitoring established for that period, or no more than one sample per bathing season, whichever is the highest.

4. Excellent quality

Bathing waters are to be classified as ' excellent ', 1) If, for the microbiological tællinger1) in a data set of bathing water quality data for the last vurderingsperiode2) is equal to or bedre4) than the values ' excellent quality ' of annex 1, and



2) if the bathwater is affected by short-term pollution, on condition that



a) appropriate measures are taken, including surveillance, early warning and monitoring with a view to preventing bathers ' exposure to pollution, by issuing a warning or, where necessary, a bathing prohibition



b) appropriate measures are taken to prevent, reduce or eliminate the causes of pollution, and



(c)) the number of samples that are left out of account in accordance with annex 4, nr. 4, because of short-term pollution, in the last assessment period represented no more than 15% of the total number of samples as specified in the schedule for control monitoring established for that period, or no more than one sample per bathing season, whichever is the highest.



Annex 3



The bathing water profile 1. The bathing water profile shall consist of (a)) a description of the physical, geographical and hydrological characteristics of the bathing water, and of other surface waters in the case of bathing waters tilstrømnings area, there may be a source of pollution, of relevance for the purposes of this Ordinance and as prescribed in the law on environmental objectives, etc. for water bodies and international nature protection areas (Environmental target practice law),



(b)) a list of and assessment of causes of pollution that might affect bathing waters and damage the bathers ' health,



c) an assessment of the risk of cyanobakterievækst1),



d) an assessment of the risk of macro-algae and/or fytoplanktonvækst,



(e) if the assessment referred to in subparagraph (b))) shows that there is a risk of short-term pollution, the following information:



– the expected short-term pollution likely nature, frequency and duration,



– detailed description of the remaining causes of pollution, including the measures taken and the timetable for their removal,



– measures taken during short-term pollution and the names and addresses of the bodies responsible for such action, and



f) the monitoring location.

At Setup, reviewing and updating bathing water profiles shall be the Municipal Council make use of data provided pursuant to the law on environmental objectives, etc. for water bodies and international nature protection areas (Environmental target practice law).

2. In the case of bathing waters classified as ' good ', ' satisfactory ' or ' poor ', the bathing water profile shall be reviewed regularly to assess whether any of the circumstances referred to in paragraph 1 is amended. The profile should, where necessary, kept up to date. The frequency and scope of the examination shall be fixed in relation to the nature and gravity of the infringement. It must, however, as a minimum, comply with the provisions and take place with the frequency specified in the following table.







 

 

 

 





Classification of bathing water





' Good '





' Satisfactory '





' Rings '





 

 

 

 





A review of the matters referred to in paragraph 1 shall take place at the specified time intervals





4. year





3. year





2. year





 

 

 

 









In the case of bathing waters previously classified as ' excellent ', the bathing water profile shall be reviewed and, if necessary, updated only if the classification changes to ' good ', ' satisfactory ' or ' rings '. The review should cover all of the conditions referred to in paragraph 1.

3. In the case of large construction worker or infrastructure changes in or in the vicinity of the bathing water, the bathing water profile shall be updated in the following bathing season's beginning.

4. The information referred to in point 1 (a)) and (b)), be given, whenever possible, on a detailed map.

5. Other relevant information may be attached or included if the local authority considers it appropriate.



Annex 4



Monitoring of bathing water



1. For each bathing water shall establish municipal board within each bathing season's beginning a schedule for control monitoring. Surveillance monitoring shall be carried out no later than four days after the date set out in the schedule for control monitoring.



2. at least four samples are taken and analysed per bathing season. For beaches with prolonged bathing season, see. section 1 (5) 2. point, however, at least five samples. The first test taken 5-10 days both including before the beginning of the bathing season.



3. Dates of sampling shall be distributed throughout the bathing season, with the interval between the dates of sampling must never be longer than 30 days.



4. By short-term control 1) taken that one additional test to confirm that the incident has ended. This test shall not be included in the set of bathing water quality data. If it is necessary to replace a sample which is left out of consideration, an additional test shall be taken seven days after the short-lived pollution has ceased. Samples taken during short-term pollution, can be disregarded. They are replaced by samples taken in accordance with paragraph 28. 2-4.



5. In abnormal situationer2) can the schedule for control monitoring shall be suspended. The plan will resume immediately after the cessation of the abnormal situation. New samples shall be taken as soon as possible after the abnormal situation has ceased to be able to replace the missing samples.



Annex 5



Symbol part 1 – Symbols for information on bathing prohibition or advice of bathing part 2 – Symbols for information concerning bathing water classification Annex 6



Definitions on water bodies



1) surface water: inland waters, except groundwater; transitional waters and coastal waters, except in respect of chemical status, where it also includes territorial waters.



2) groundwater: all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.



3) inland water: all standing or flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured.



4) transitional waters: bodies of surface water in vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows.



5) Coastal water: surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters.



6) artificial body of water means a body of surface water created by human activity.



7) river basin: the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta.

Official notes 1) Ordinance contains provisions implementing parts of a European Parliament and Council Directive 2006/7/EC of 15. February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC, Official Journal of the European Union 2006, nr. L 64, page 37.

1) on the basis of an assessment of the percentile of the normal probability distribution to the log10 of the microbiological data obtained from a given bathing water shall be calculated as follows: percentilværdien-Log10 value of all microbiological enumerations in the data to be evaluated. (If there is available a 0 value, calculate log10 value of the lowest detection limit of the method of analysis). -The arithmetic average value of the log10 values (μ) is calculated. -The Standard deviation of the log10 values (σ) is calculated. The upper 90-percentile point of the data probability density function is calculated by the following equation: upper 90-percentile = antilog (μ + 1.282 σ). The upper 95-percentile point of the data probability density function is calculated by the following equation: upper 95-percentile = antilog (μ + 1.65 σ).

2) ' Last assessment period '; the last four bathing seasons.

3) ' Inferior ' means higher concentrations expressed in cfu/100 ml.

4) ' better ' means lower concentrations expressed in cfu/100 ml.

1) Cyanobacterial growth: accumulation of cyanobacteria in the form of blooms, surface layer or foam.


1) short-term pollution means a microbiological contamination, see. parameters, intestinal enterococci and Escherichia coli, in annex 1, that has clearly identifiable causes, is not normally expected to affect bathing water quality for more than approximately 72 hours after that bathing water quality has been affected, and for which the local authority has established procedures to predict and deal with such a regulation. Annex 2.

2) abnormal situation means an event or combination of events that affect bathing water quality at that location, and which on average is not expected to occur more than once every four years.