Key Benefits:
Groundwater is a natural resource with a significant strategic value, the protection of which is of particular interest for the maintenance of the aquatic ecosystems of which they are dependent and for the drinking water supply.
This is why the bodies of groundwater used for the extraction of drinking water, or which are intended to be used for this purpose in the future, should be subject to special protection in order to avoid the deterioration of their quality, in order to reduce the level of purification treatment required for this purpose.
Directive 80 /68/EEC of the Council of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances was incorporated into the legal order Spanish through Royal Decree 849/1986 of 11 April, for which the Regulation of the Hydraulic Public Domain was approved.
Following the adoption of this Directive, the European Union has reiterated the need for new and stricter measures to protect the quantitative and chemical status of groundwater. In this regard, Directive 2000 /60/EC of the European Parliament and of the Council of 23 October 2000 establishing a Community framework for action in the field of water policy provides, in Article 17, that Parliament should adopt a European Parliament and Council Directive on European and the Council, on a proposal from the Commission, adopt specific measures to prevent and control groundwater contamination.
The incorporation into our legal order of the aforementioned Directive 2000 /60/EC, was produced, in general, by Article 129 of Law 62/2003, of 30 December, of fiscal, administrative and administrative measures The law, which was approved by Royal Legislative Decree 1/2001 of July 20
was amended by the Law of 20 July 2001.Following the previous legislative reform, the Royal Decree 606/2003 of 23 May, amending the Regulation of the Public Domain of Hydraulic, approved by Royal Decree 849/1986 of 11 April, was approved in such a way as to the protection of underground aquifers and the strengthening of control over discharges, updating the list of polluting substances.
Likewise, Law 11/2005 of 22 June, amending Law 10/2001 of 5 July of the National Hydrological Plan, includes in paragraph e) of its additional provision seventh a generic regulatory habilitation Government to carry out relevant actions in the field of the protection and management of groundwater in the field of its competences and with the consent of the autonomous communities, in the framework of the development of the planning hydrological and with the deadlines required by Directive 2000 /60/EC.
On the other hand, as a further step in the quality protection strategy of the resource, and in compliance with Article 17 of Directive 2000 /60/EC, the European Parliament and the Council adopted Directive 2006 /118/EC of 12 December 2006. December 2006 on the protection of groundwater against pollution and deterioration.
In the normative framework described, the recast text of the Water Law and Law 11/2005 provide sufficient legal status for the incorporation into the Spanish internal order of the aforementioned Directive 2006 /118/EC by means of a standard regulatory range.
In this way, by means of this royal decree, which has as main objectives to prevent or limit the contamination of the groundwater and to establish the criteria and the procedures to evaluate its chemical state, it is incorporated Directive 2006 /118/EC of the European Parliament Similarly, paragraphs 2.3, 2.4 and 2.5 of Annex V to Directive 2000 /60/EC relating to the chemical status of groundwater are also incorporated into the provisions of Article 92 ter of the recast text of the Law of Water and Article 32 of the Hydrological Planning Regulation, approved by Royal Decree 907/2007 of 6 July 2007.
In addition to the provisions relating to the chemical status of groundwater, this royal decree lays down measures to determine and reverse significant and sustained trends in the increase in groundwater concentrations. pollutants and to prevent or limit the inputs of pollutants into groundwater.
In order to facilitate compliance with Directive 2006 /118/EC by the Member States, the European Commission has published guidance documents relating to the monitoring of the state of groundwater, to entries direct and indirect pollutants, groundwater in protected areas for drinking water and the state of groundwater and the assessment of pollutant trends. These guidelines explain in detail the technical criteria and procedures relating to the provisions contained in this royal decree.
This royal decree has been reported favorably by the National Water Council, and in its treatment the autonomous communities and affected sectors have been consulted.
In its virtue, on the proposal of the Minister of the Environment and Rural and Marine, in agreement with the Council of State and after deliberation of the Council of Ministers, at its meeting held on October 2, 2009,
DISPONGO:
Article 1. Object.
This royal decree aims to establish specific criteria and measures to prevent and control groundwater contamination, including the following:
a) Criteria and procedure for assessing the chemical status of groundwater.
(b) Criteria for determining any significant and sustained trend of increasing concentrations of pollutants, groups of pollutants or pollution indicators detected in groundwater bodies and for defining the starting points of the trend investments.
(c) Measures to prevent or limit the entry of pollutants into groundwater and to prevent the deterioration of the state of all groundwater bodies.
Article 2. Definitions.
For the purposes of this royal decree, the following definitions shall apply, in addition to those contained in the recast text of the Water Act and its implementing rules, in particular, in the Planning Regulation. Hydrologic approved by Royal Decree 907/2007 of 6 July 2007:
(a) Standard of groundwater quality: any environmental quality standard, expressed as a concentration of a particular pollutant, a group of pollutants or an indicator of contamination in groundwater, which must not be exceeded in the interests of the protection of human health and the environment.
(b) Threshold value: a standard of groundwater quality established in accordance with the criteria laid down in Article 3.
c) Significant and sustained trend towards increased concentration: any significant increase from the statistical and environmental point of view of the concentration of a pollutant, a group of pollutants or an indicator of pollution in groundwater for which the need for a reversal of the trend has been determined in accordance with Article 5.
d) Entry of pollutants into groundwater: the direct or indirect introduction of pollutants into groundwater as a result of human activity.
(e) Reference level: the concentration of a substance or the value of an indicator in a body of groundwater corresponding to conditions not subject to anthropogenic alterations or subject to minimum alterations in relationship to unaltered conditions.
f) Basic level: the average value measured, at least, during the reference years 2007 and 2008 on the basis of the groundwater status monitoring programmes, established in each river basin district in accordance with Article 92 ter of the recast text of the Water Act, approved by Royal Legislative Decree 1/2001 of 20 July or, in the case of substances identified after the aforementioned reference years, during the first period of a temporary series representative of control data is available.
(g) Competent Authority: the catchment bodies, for groundwater included in the river basins which exceed the territorial scope of an autonomous community, and the Autonomous Communities, for the waters underground water catchment areas covered in full within the respective territorial scope.
Article 3. Criteria for assessing the chemical status of groundwater and for setting threshold values.
1. The following criteria shall be used to assess the chemical status of a groundwater mass or a group of groundwater bodies:
(a) The quality standards for groundwater listed in Annex I.
(b) The threshold values established, in accordance with the procedure described in Parts A and B of Annex II, for pollutants, groups of pollutants and pollution indicators identified as elements which contribute to the qualification of masses or groups of groundwater bodies at risk of not achieving good chemical status.
2. The threshold values may be set at the level of river basin or water mass demarcation or, where appropriate and in accordance with the provisions of the third final provision, at the state level.
The competent bodies shall establish the threshold values for pollutants, groups of pollutants and pollution indicators, in accordance with paragraph 1 (b) of this Article.
3. The establishment of threshold values for bodies of groundwater in which the groundwater flow crosses the Spanish State border will be subject to the principles of cooperation established in Royal Decree 125/2007 of 2 December 2000. February, for which the territorial scope of the river basin districts is fixed.
4. The river basin management plans shall include the ratio of the pollutants and the corresponding threshold values adopted in their respective territorial areas as well as, where feasible, a summary with the information provided in the C of Annex II.
5. In order to protect public health and the environment, the list of threshold values shall be amended when new relevant information is available to justify the need to set a threshold value for any pollutant, group of pollutants or contamination indicator, modify a previously set value, or re-enter a previously deleted threshold value.
6. The threshold values may be deleted from the ratio referred to in paragraph 4 where the corresponding groundwater masses no longer constitute a risk of not achieving good chemical status due to pollutants, groups of pollutants and pollution indicators that were taken into account to fix such values.
7. Any action taken in relation to the threshold values in accordance with the provisions of paragraphs 5 and 6 above shall be included in the periodic review of the river basin management plans.
Article 4. Procedure for the assessment of the chemical status of groundwater.
1. The competent bodies shall carry out the assessment of the chemical status of a mass or group of groundwater bodies, in accordance with the procedure described in the following paragraph and in accordance with Annex III.
2. A mass or group of groundwater bodies shall be considered to have a good chemical status when any of the following conditions are met:
(a) That, in accordance with the results of the relevant monitoring activities, it is demonstrated that the conditions laid down in paragraph 2 of Part A of Annex III are met.
(b) the values of the groundwater quality standards listed in Annex I and the threshold values to be established in accordance with Article 3 and Annex II shall not be exceeded in any of the control stations of the the mass or group of bodies of groundwater.
(c) Which, despite the value of a groundwater quality standard or a threshold value in one or more control stations, is exceeded, an appropriate investigation carried out in accordance with the provisions of Part C of the Annex III confirm that the following conditions are met:
Which, taking into account the assessment referred to in paragraph 3 of Part C of Annex III, the concentration of pollutants exceeding the quality standards or the threshold values, does not present a significant risk to the the environment, taking into account, where appropriate, the extent of the entire body of groundwater concerned.
That the other conditions of good chemical status of groundwater, as set out in Annex III, Part A, paragraph 2, are met.
The bodies of groundwater identified in each river basin to be used for the collection of water intended for human consumption and to provide an average of more than 10 m3 daily or that supply more than 50 persons, shall be subject to the necessary protection in order to avoid deterioration of their quality, taking into account the provisions of paragraph 4 of Part C of Annex III, thereby contributing to the reduction of the level of the purification treatment required for the production of drinking water.
That contamination has not significantly impaired the capacity of the groundwater mass or a mass within the groundwater mass group to address the intended uses.
3. The selection of the location of the groundwater chemical control stations shall be carried out in such a way as to meet the requirements set out in Annex III, Part B, in such a way as to provide an assessment coherent and comprehensive groundwater chemical status in each basin and to detect the presence of significant and sustained trends in the increase of pollutant concentrations, and to provide representative control data for compliance with the provisions of Article 92 ter.2 of the recast of the Water Act.
4. Where a mass of groundwater has received the classification of good chemical status in accordance with paragraph 2 (c), the competent bodies, in accordance with Article 92 (c) of the recast of the Water Act, shall adopt the measures necessary to protect aquatic ecosystems, terrestrial ecosystems and the different uses of groundwater that depend on the part of the groundwater mass represented by the station or control stations where the value of the groundwater quality standards or the threshold values has been exceeded.
5. The river basin management plans shall contain a summary of the assessment of the chemical status of groundwater and its temporal evolution, which shall include an explanation of the way in which the final assessment has been taken into account. control stations where the quality standards of the groundwater or the corresponding threshold values have been exceeded.
Article 5. Determination and investment of significant and sustained trends in pollution increase.
1. The competent bodies shall determine any significant and sustained trend in the increase in concentrations of pollutants, groups of pollutants or indicators of pollution, detected in bodies or groups of bodies of groundwater in risk, and shall define the starting points of the trend investments, in accordance with Annex IV.
2. In accordance with Part B of Annex IV, the competent bodies shall apply the appropriate measures to reverse trends which present a significant risk to the quality of aquatic or terrestrial ecosystems, (a) human or legitimate uses, real or potential, of the aquatic environment, with the aim of gradually reducing pollution and preventing the deterioration of groundwater, taking into account the programme of measures adopted in accordance with the Article 92c of the recast text of the Water Act.
For the purposes of the preceding paragraph, the competent bodies shall define the starting point of the investment of those trends, in accordance with paragraph 1 of Part B of Annex IV.
3. The relevant river basin management plans shall include at least, in summary form, the following information:
a) The way in which the assessment of the trend detected in masses or groups of groundwater bodies has contributed to the determination that these masses are subject to a significant and sustained trend of increasing the pollution or that there is an investment of that trend, in accordance with Annex IV.
(b) The justification of the starting points defined in accordance with paragraph 1 of Part B of Annex IV.
4. Where necessary to assess the impact of existing pollution penalties on bodies of groundwater which may impede the achievement of the objectives pursued by this royal decree, in particular the penalties resulting from point sources and from contaminated sites, the competent bodies shall carry out additional trend assessments for the identified pollutants, in order to ensure that the tufts from contaminated land do not expand, do not deteriorate the chemical status of the mass or group of groundwater bodies and do not pose a risk significant for human health and the environment. The results of these evaluations shall be included, in summary form, in the river basin management plans.
Article 6. Measures to prevent or limit the entry of pollutants into groundwater.
1. The competent bodies shall carry out the necessary measures to ensure that the programme of measures established in accordance with Article 92 (c) of the recast text of the Water Act includes at least the following: prevent or limit the entry of pollutants into groundwater:
(a) All measures necessary to prevent the entry of any dangerous substance into groundwater, without prejudice to the provisions of Article 51 of the Hydrological Planning Regulation. The identification of such substances shall take into account the hazardous substances belonging to the following families or groups of pollutants:
organohalogenated compounds and substances that may give rise to compounds of this class in the aquatic environment.
organophosphorus compounds.
organotin compounds.
Substances and preparations, or products derived therefrom, for which they have been shown to have carcinogenic, mutagenic or properties which may affect the steroidogenic function, the thyroid, reproduction or other endocrine functions, in the aquatic environment or through the aquatic environment.
Persistent hydrocarbons and persistent and bioaccumulative toxic organic substances.
Cyanides.
As well as those belonging to the following families or groups of pollutants:
Metals and their compounds.
Arsenic and its compounds.
Biocidal products and plant protection products, where they are considered to be dangerous.
(b) All measures necessary to limit the entry into the groundwater of substances belonging to the families or groups of pollutants referred to in 1.a) which are not considered to be dangerous, as well as any other non-hazardous substance not belonging to such families or groups which, in the opinion of the competent body, presents a real or potential risk of contamination, in such a way as to ensure that such entries do not cause significant deterioration or trends; and sustained increase in concentrations of pollutants in groundwater.
The actions to be carried out for the implementation of the measures outlined will take into account the best environmental practices and the best available techniques specified in the implementing regulations, including, in particular:
Those contained in Royal Decree 1481/2001, of 27 December, which regulates the disposal of waste by deposit in landfill.
Those related to those activities, in particular underground works and well construction, that can facilitate the entry of pollutants into the aquifer. The measures may include the establishment of groundwater protection perimeters and the establishment of captions for the supply of drinking water.
2. Before carrying out the action referred to in paragraph 1, the competent bodies shall determine in which circumstances the pollutants referred to in that paragraph, in particular metals and their materials, must be considered as hazardous or not. compounds.
3. Where technically possible, the competent bodies shall take into account the inputs of pollutants from sources of diffuse pollution which have an impact on the chemical status of groundwater.
4. Without prejudice to the requirement of stricter requirements laid down in other rules, the competent bodies may not require the application of the measures laid down in paragraphs 1 and 2 to those entries of pollutants into groundwater. that are in any of the following assumptions:
(a) that they are the result of discharges into groundwater, provided that such discharges do not endanger the achievement of the environmental objectives laid down for the corresponding groundwater mass, and that they have been authorised in accordance with Article 102 of the recast text of the Water Act.
b) Which, in the opinion of the competent body, are so small in quantity and concentration, that they exclude any danger, current or future, of deterioration of the quality of the receiving groundwater.
c) That are the result of accidents or exceptional circumstances of natural origin that are impossible to foresee, avoid or mitigate.
(d) resulting from an artificial recharge authorised in accordance with the provisions of Article 257.5 of the Regulation of the Hydraulic Public Domain, in Article 53 of the Hydrological Planning Regulation, or in the Royal Decree 1620/2007 of 7 December establishing the legal system for the reuse of clean water.
(e) which, in the opinion of the competent body, are not technically feasible to prevent or limit the entry of pollutants into groundwater without the use of measures which would increase the risks to human health or quality of the environment as a whole or of measures that have a disproportionate cost to remove pollutants or to control their infiltration into contaminated soils or subsoils.
(f) The results of the actions carried out in surface water with the object, among others, to alleviate the effects of floods and droughts, as well as those relating to the management of water and the water, including international water. Such actions may consist, inter alia, in the cutting, dredging, transfer and storage of sediments present in surface waters, they shall be authorised in accordance with Title IV of the recast of the Water Act, and shall not jeopardise the achievement of the environmental objectives that have been established for the relevant water bodies.
5. The exemptions provided for in the previous paragraph shall be subject to the prior verification by the competent authority that control and monitoring of the groundwater bodies involved is carried out.
6. The competent bodies shall draw up, and keep up to date, an inventory of the exemptions provided for in paragraph 4, for the purpose of their communication to the European Commission, through the appropriate channel and upon request.
Additional disposition first. Authorisation of discharges into groundwater.
The competent bodies shall take into account the provisions of this royal decree in the procedures for granting discharge to groundwater, as provided for in Articles 100 et seq. of the recast text of the Water Law, in Articles 257 to 259 of the Regulation of the Public Hydraulic Domain, and in Article 50 of the Hydrological Planning Regulation; or, where appropriate, for the issuance of the binding report as regulated in Article 19 of Law 16/2002, 1 July, integrated prevention and control of pollution.
Additional provision second. International regulations.
The regime for the protection of groundwater against pollution and the deterioration established in this royal decree will apply without prejudice to the provisions of the agreements or international conventions signed with other countries.
Single transient disposition.
The threshold values referred to in Article 3.1 (b) of this royal decree which, in accordance with Directive 2006 /118/EC, have been established before 22 December 2008, shall be reviewed at the entry into force of this royal decree for, if necessary, make the corresponding adaptation.
Single repeal provision. Regulatory repeal.
All provisions of equal or lower rank are repealed to be opposed to what was established in this royal decree.
Final disposition first. Competence title.
This royal decree has the character of basic environmental protection legislation, in accordance with the provisions of Article 149.1.23. of the Constitution.
Final disposition second. Incorporation of European Union law.
By this royal decree, Directive 2006 /118/EC of 12 December 2006 on the protection of groundwater against pollution and deterioration is incorporated into Spanish law. Paragraphs 2.3, 2.4 and 2.5 of Annex V to Directive 2000 /60/EC of the European Parliament and of the Council of 23 October 2000 establishing a Community framework in the field of water policy are also incorporated.
Final disposition third. State-scoped threshold values.
In the event that the establishment of threshold values for the entire state, the Ministry of the Environment, and the Rural and Marine Environment is appropriate for the adequate protection of groundwater, a project will be developed which, after consulting the autonomous communities, will be elevated to the Council of Ministers for approval by royal decree.
Final disposition fourth. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, on October 2, 2009.
JOHN CARLOS R.
The Minister for the Environment, and the Rural and Marine Environment,
ELENA ESPINOSA MANGANA
ANNEX I
groundwater quality standards
1. In order to assess the chemical status of a groundwater mass or a group of groundwater bodies in accordance with Article 4, the following quality standards shall be taken into account:
a) Nitrates: 50 mg/L.
(b) Active substances of pesticides, including metabolites and degradation and reaction products that are relevant: 0,1 µ g/L (referred to each substance) and 0.5 µ g/L (referred to the sum of all pesticides detected and quantified in the monitoring procedure).
2. The result of the application of the quality standards for pesticides in the manner established for the purposes of this royal decree shall be without prejudice to the results of the risk assessment procedures required by the Royal Decree. 2163/1994 of 4 November 1994 imposing a harmonised Community system of authorisation to place plant protection products on the market and use of plant protection products, and Royal Decree 1054/2002 of 11 October 2002 regulating the process of assessment for the registration, authorisation and placing on the market of biocidal products.
3. Where it is considered that, in view of the situation of a particular groundwater mass in relation to quality standards, the environmental objectives in associated surface water may not be met in accordance with Article 92a of the text recast of the Water Act or could significantly diminish the ecological or chemical quality of such masses or overcome significant damage to terrestrial ecosystems directly dependent on the groundwater mass, shall be established, in accordance with Article 3 and with Annex II to this royal decree, more threshold values strict. The programmes and measures required in relation to that threshold value shall also apply to the activities referred to in Royal Decree 261/1996 of 16 February 1996 on the protection of waters against pollution caused by the Nitrates from agricultural sources.
ANNEX II
Threshold values for groundwater pollutants and pollution indicators
Part A. Guidelines for the establishment of threshold values in accordance with Article 3. The threshold values shall be established in such a way that, if the results of the monitoring at a representative control station exceed the threshold values, this indicates the risk that some of the threshold values are not being met. conditions for the good chemical status of the groundwater referred to in the second, third and fourth subparagraphs of Article 4 (c).
For setting threshold values, the following guidelines will be considered:
1. The determination of threshold values should be based on:
a) The scope of interactions between groundwater and associated aquatic ecosystems and dependent terrestrial ecosystems.
b) Interference with existing or future uses or functions of groundwater.
(c) All pollutants that characterise the groundwater bodies at risk, taking into account the minimum list in Part B.
d) Hydrogeological characteristics, including information on reference levels and water balance.
2. The determination of the threshold values shall also take into account the sources of the pollutants, their possible natural presence, their toxicology and dispersion tendency, their persistence and their potential for bioaccumulation.
3. Where high reference levels of substances or ions or of their indicators due to natural hydrogeological reasons occur, the reference levels of the water mass shall be taken into account when setting the threshold values. underground in question.
4. The determination of the threshold values shall be based on a procedure for monitoring the data collected, based on an assessment of the quality of the data, on analytical considerations and on reference levels for those substances which may be present both naturally and as a result of human activity.
Part B. Minimum list of pollutants and their indicators for setting threshold values, in accordance with Article 3.
1. Substances or ions or indicators present naturally and/or as a result of human activities:
Arsenic.
Cadmium.
Lead.
Mercury.
Ammonium.
Chloride.
Sulfate.
2. Artificial synthetic substances:
Trichloroethylene.
Tetrachloroethylene.
3. Parameters indicative of salt water intrusion or other intrusions (1):
Conductivity.
Part C. Information concerning contaminants for which threshold values have been set. The river basin management plans shall contain a summary description of the manner in which the procedure described in Part A of this Annex has been carried out and shall include, where practicable, the following information:
(a) Number and denomination of bodies or groups of bodies of groundwater characterised at risk of failure to achieve environmental objectives in accordance with Article 10 of the Hydrological Planning Regulation; and the ratio of pollutants and pollution indicators contributing to the classification as such of the groundwater bodies, including the concentrations or values observed.
(b) Characteristics of the groundwater bodies at risk and, in particular, dimensions of the bodies, the relationship between them and the associated surface waters or directly dependent terrestrial ecosystems, and Naturally occurring substances, natural reference levels.
(c) Threshold values, established at the state level or for certain hydrographic demarcations or for specific masses or groups of groundwater bodies.
(d) Relationship between threshold values and reference levels for naturally occurring substances, environmental quality objectives and other water protection standards in force at the State, Community level or international and with any other information concerning toxicology, ecotoxicology, persistence, bioaccumulation potential and tendency to dispersion of contaminants.
(1) As regards the instructions for salt water resulting from human activities, it may be possible to set threshold values for chloride and sulphate well for conductivity.
ANNEX III
Definition, monitoring, evaluation, interpretation and presentation of the chemical status of groundwater (2)
Part A. Defining the chemical status of groundwater.
1. Parameters for the determination of the chemical status of groundwater:
Conductivity.
Concentrations of contaminants.
2. Definition of the good chemical status of groundwater:
Good | |
---|---|
General | as specified below, do not present effects of salt water intrusion or other intrusions do not exceed the quality standards applicable under other relevant Community rules they are not of such a nature that the mass does not achieve the environmental objectives specified in Article 92a of the recast of the Water Act and does not lead to significant decreases in the ecological or chemical quality of the such masses or significant damage to the associated terrestrial ecosystems directly dependent on the groundwater mass |
Conductivity | Variations of the conductivity do not indicate intrusion of salt water or other intrusions into the groundwater mass |
(2) In accordance with Recital 10 of Directive 2006 /118/EC, the provisions relating to the chemical status of groundwater, as laid down in this Annex III, do not apply to situations in which groundwater is High natural concentrations of substances or ions or their indicators, derived from specific hydrogeological conditions not included in the definition itself, are detected in a mass of groundwater or associated surface water bodies. of the concept of "pollution" in Article 93 of the recast of the Law of Waters. They also do not apply to changes in the chemical composition, provisional and limited in space, that are not considered intrusions, nor to those that produce a temporary deterioration due to causes or force majeure that are exceptional, reviewed in Article 38 of the Hydrological Planning Regulation.
Part B. Tracking the chemical status of groundwater. The competent bodies shall establish a surveillance control programme for each period to which a river basin management plan is applied, in accordance with Article 92 ter of the recast of the Water Act and Article 34 of the Regulation. Hydrological Planning. The results of this programme shall be used to establish an operational control programme to be implemented during the remaining period of the plan. The plan shall provide an assessment of the level of reliability and accuracy of the results achieved in the control programmes.
1. Surveillance control.
Objective: Surveillance control will be carried out in order to:
Complement and validate the procedure for assessing the impact of human activity on groundwater quality.
Facilitate information for use in the assessment of prolonged trends as a result of changes in natural conditions and human activity.
Selection of control stations: A sufficient number of control stations will be selected for each of the following elements:
groundwater masses designated at risk in accordance with Article 10 of the Hydrological Planning Regulation.
Underground water bodies in which the groundwater flow crosses the Spanish State border.
Selection of parameters: In all the selected groundwater masses the following set of essential parameters will be controlled:
Dissolved Oxygen.
pH.
Conductivity.
Nitrate.
Ammonium.
The groundwater bodies designated at risk shall be subject to control in relation to the parameters that have contributed to this risk rating.
In groundwater bodies in which the groundwater flow crosses the Spanish State border, the parameters relating to the protection of the uses to which the groundwater is intended shall be monitored.
2. Operational control.
Target: During periods between surveillance control programs, operational controls will be performed to:
Determine the chemical status of all bodies or groups of groundwater bodies for which risk has been established.
Determine the presence of any prolonged tendency to increase the concentration of any anthropogenically induced contaminant.
Selection of control stations: The selection of control stations located in the masses or groups of groundwater bodies at risk will be subject to an assessment of the extent to which the information obtained through the control at such points is representative of the chemical quality of the relevant groundwater mass or bodies.
Frequency of control: Operational control shall be carried out in the periods between the surveillance control programmes, with the frequency sufficient to detect the impact of the pressure factors relevant, but at least once a year.
Part C. Evaluation of the chemical status of groundwater.
1. The assessment procedure for determining the chemical status of a mass or group of groundwater bodies shall be carried out on all bodies or groups of bodies of groundwater which are at risk. For this purpose, each pollutant which has contributed, in the mass or group of bodies of groundwater, to the existence of such a risk, shall be taken into account.
2. When carrying out the investigation referred to in Article 4 (2) (c), the competent bodies shall take into account:
(a) The information collected as part of the characterization made in accordance with the provisions of Article 92 ter of the recast of the Water Act, in Articles 10 and 16 of the Planning Regulation Hydrologic and in this Annex;
(b) The results of the monitoring of groundwater obtained in accordance with Part B of this Annex.
c) Any other relevant information, including a comparison of the average annual concentration of the relevant pollutants at a check point with the groundwater quality standards set out in Annex I and with the threshold values established in accordance with Article 3 and in Annex II to this royal decree.
3. For the purposes of determining whether the conditions of good chemical status of the groundwater laid down in the first and fourth subparagraphs of Article 4 (2) (c) of this royal decree are met, the competent bodies shall, where appropriate, and based on the relevant elements added to the monitoring results, supported where appropriate in estimates of concentrations based on a conceptual model of the mass or group of groundwater bodies, they shall evaluate the extension of the groundwater mass having an annual average concentration of some pollutant higher than a standard of groundwater quality or a threshold value.
4. For the purpose of determining whether the conditions of good chemical status of the groundwater laid down in the second and third subparagraphs of Article 4 (c) of this Royal Decree are met, where appropriate and necessary, and on the basis of the relevant results of the monitoring activities and an appropriate conceptual model of the groundwater mass, the competent bodies shall assess:
a) The effects of contaminants on the groundwater mass.
(b) The quantities and concentrations of the pollutants transferred, or which may be transferred, from the groundwater mass to the associated surface waters or directly dependent terrestrial ecosystems.
c) The possible incidence of the amounts and concentrations of pollutants transferred to the associated surface waters and directly dependent terrestrial ecosystems.
d) The extent of the intrusion of salt water or other intrusions into the groundwater mass.
e) The risk derived from the pollutants in the groundwater mass for the quality of the water extracted, or intended to be extracted, for the human consumption of the groundwater mass.
Part D. Interpretation of the chemical status of groundwater. When assessing the chemical status of a groundwater mass, the results of each control station will be globalized for the entire mass. Without prejudice to the provisions of the Directives listed in Annex III to the Hydrological Planning Regulation, in order for a groundwater mass to reach a good state in relation to the chemical parameters for which standards have been set Environmental quality in Community legislation will be carried out as follows:
The average value of the results obtained at each control station, for each mass or group of masses, shall be calculated; where relevant information relating to the flow of groundwater is available, the average value may be weighted for the area that, according to that information, represents each control station.
Such average values will be used to determine compliance with the good chemical status of groundwater.
Part E. Presentation of the chemical status of groundwater. The competent bodies shall present the chemical status of each mass or group of bodies of groundwater by means of maps. Where appropriate and practicable, all control stations in which the groundwater quality standards or threshold values are exceeded shall be indicated on those maps.
Chemical status maps will be included in the corresponding basin hydrological plan and will be coded by colors as follows:
Good status: Green.
Bad Status: Red,
in accordance with Article 33 of the Hydrological Planning Regulation.
On each map, we will indicate, by means of black points, the bodies of groundwater in which it has been determined, in accordance with Annex IV of this royal decree, a significant and sustained tendency to increase in concentrations of any pollutant due to human activity. The reversal of a trend will be indicated by a blue dot.
It may be chosen not to draw up independent maps of the quantitative status and the chemical status of each mass or group of groundwater bodies, but in this case the masses that are subject to a significant trend will be indicated. and continued to increase concentrations of any pollutant or any reversal of such a trend.
ANNEX IV
Determination and investment of significant and sustained trends in the increase in pollutant concentration
Part A. Determination of significant and sustained trends to the increase. The competent bodies shall determine the significant and sustained trends in the increase in concentrations of pollutants in all bodies or groups of groundwater bodies characterised by risk, by applying the following: criteria:
1. In accordance with Part B of Annex III to this Royal Decree, the monitoring programme shall be designed in such a way as to identify significant and sustained trends in the increase in concentrations of pollutants that have been identified. determined in accordance with Article 3 of this royal decree.
2. The procedure for determining the occurrence of significant and sustained trends on the increase will be carried out as follows:
a) Frequency and control stations will be chosen that are sufficient for:
Provide the necessary information to ensure that these trends can be distinguished from natural variations with an appropriate level of reliability and accuracy.
Allow such trends to increase to be determined in sufficient time for measures to be applied in order to prevent, or at least mitigate as far as possible, adverse changes in the quality of water that are significant for the environment. This determination shall be carried out, as far as possible, and taking into account existing data, for the first time in 2009 by reviewing the river basin management plans.
Take into account the temporal, physical and chemical characteristics of the groundwater mass, including the flow conditions and the groundwater recharge rates, as well as the time spent in the ground water. or on the subsoil.
(b) Control and analysis methods shall be used in accordance with international quality control principles, including, where appropriate, CEN standards or other standardised methods, to ensure that data are obtained comparable scientific quality equivalent.
c) The evaluation will be based on a statistical method, such as regression analysis, to analyze trends in time series at specific control stations.
d) In order to avoid bias in the determination of trends, all measurements below the limit of quantification will be encrypted at half the value of the highest quantification limit recorded during the period, with the exception of all pesticides.
3. For the determination of significant and sustained trends in the increase in concentrations of substances in the groundwater bodies, of natural origin or as a result of human activity, the basic levels and, where available, data collected prior to the commencement of the control programme in order to report on the determination of trends in the first river basin management plan to be approved or reviewed.
Part B. Starting point of trend investments. In accordance with Article 5 of this royal decree, the competent bodies shall reverse significant and sustained trends on the increase taking into account the following requirements:
1. The starting point for implementing measures aimed at reversing significant and sustained trends in the increase will be the time at which the concentration of the pollutant reaches 75% of the parametric values of the quality standards of the groundwater as set out in Annex I and the threshold values established in accordance with Article 3, unless one of the following conditions is met:
(a) a prior starting point is necessary to enable investment measures to prevent, or at least mitigate as far as possible, any significant adverse change in the quality of the investment. groundwater.
b) A different starting point is justified if the detection limit does not allow the presence of an encrypted trend to be established in 75% of the parametric values.
(c) The rate of increase and reversibility of the trend is such that, if a subsequent starting point is taken to implement measures to reverse the trend, it would continue to make it possible for such measures to prevent more cost-effective, or at least mitigate as far as possible, any significant adverse environmental change in the quality of groundwater. This subsequent point of departure may not lead to any delay in meeting the deadlines for the achievement of the environmental objectives.
For the activities falling within the scope of Royal Decree 261/1996 of 16 February 1996 on the protection of waters against pollution caused by nitrates from agricultural sources, the point of For the implementation of measures to reverse significant and sustained trends, it will be established in accordance with that royal decree, in particular adherence to the environmental objectives for the protection of the waters established in the Articles 92 and 92a of the recast text of the Water Act.
2. Once a starting point has been established for a mass of groundwater at risk, in accordance with paragraph 1 above, it shall not be modified during the six-year cycle to which the revision of the hydrological plans is submitted.
3. The investment in trends shall be demonstrated, taking into account the relevant monitoring provisions contained in paragraph 2 of Part A of this Annex.