L.S. 549.21 Regolamenti dwar il-Kwalità meħtieġa fl-Ilma tal-Wiċċ biex minnu jsir l-Ilma tax-Xorb

(1)These regulations concern the quality requirements which surface fresh water used or intended for use in the abstraction of drinking water, hereinafter called "surface water", must meet after application of appropriate treatment. Ground water, brackish water and water intended to replenish water-bearing beds shall not be subject to these regulations. Classification of drinking water.

(2)For the purposes of applying these regulations, all surface water intended for human consumption and supplied by distribution networks for public use shall be considered to be drinking water. 3. For the purpose of these regulations, surface water shall be divided according to limiting values into three categories, A1, A2 and A3, which correspond to the appropriate standard methods of treatment given in Annex I. These groups correspond to three different qualities of surface water, the respective physical, chemical and microbiological characteristics of which are set out in the table given in Annex II. Values for sampling. 4.

(1)The competent authority shall set, for all sampling points, or for each individual sampling point, the values applicable to surface water for all the parameters given in Annex II: Values for all sampling points. Provided that the values set by the competent authority pursuant to subregulation

(1)may not be less stringent than those given in the "I" columns of Annex II.

(2)Where values appear in the "G" columns of Annex II, whether or not there is a corresponding value in the "I" columns of that Annex, the competent authority shall endeavour to respect them as guidelines, subject to regulation 7. 5.

(1)The competent authority shall take all necessary measures to ensure that surface water conforms to the values laid down pursuant to regulation 4. The competent authority shall apply these regulations without distinction to the waters, over which Malta has jurisdiction.

(2)The competent authority shall, in line with the objectives of these regulations, take the necessary measures to ensure continuing improvement of the environment by drawing up a systematic plan of action including a timetable for the improvement of surface Conformity with values. 1 2 QUALITY REQUIRED OF SURFACE WATER INTENDED FOR THE ABSTRACTION OF DRINKING WATER [ S.L.549.21 water and especially that falling within category A3: Provided that the timetable referred to in this subregulation will be drawn up in the light of the need to improve the quality of the environment, and of water in particular, and the economic and technical constraints which exist or which may arise.

(3)Surface water having physical, chemical and microbiological characteristics falling short of the mandatory limiting values corresponding to treatment type A3 may not be used for the abstraction of drinking water: Provided that such lower quality water may, in exceptional circumstances, be utilized provided suitable processes - including blending - are used to bring the quality characteristics of the water up to the level of the quality standards for drinking water.

(4)The competent authority shall publish by notice in the Gazette the grounds for such exceptions, on the basis of a water resources management plan within the area concerned, as soon as possible, in the case of existing installations, and in advance, in the case of new installations. Regulations may be waived. 6.

(1)For the purposes of regulation 5, surface water shall be assumed to conform to the relevant parameters if samples of this water taken at regular intervals at the same sampling point and used in the abstraction of drinking water show that it complies with the parametric values for the water quality in question, in the case of: - 95% of the samples for parameters conforming to those specified in the "I" columns in Annex II, - 90% of the samples in all other cases, and if in the case of the 5 or 10% of the samples which do not comply: (a) the water does not deviate from the parametric values in question by more than 50%, except for temperature, pH, dissolved oxygen and microbiological parameters; (b) there can be no resultant danger to public health; (c) consecutive water samples taken at statistically suitable intervals do not deviate from the relevant parametric values.

(2)The competent authority shall define the frequency of sampling and the analysis of each parameter, together with the methods of measurement which shall take into account the volume of water abstracted, the extent of the abstraction, the population served, the degree of risk engendered by the quality of the water and seasonal variations in the quality.

(3)Higher values than those referred to in subregulation

(2), shall not be taken into consideration in the calculation of the percentages referred to in subregulation

(1)when they are the result of floods or natural disasters or abnormal weather conditions: Provided that sampling shall mean, the place at which surface water is abstracted before being sent for purification treatment. QUALITY REQUIRED OF SURFACE WATER INTENDED FOR THE ABSTRACTION OF DRINKING WATER [ S.L.549.21

1. The competent authority may at any time fix more stringent values for surface water than those laid down in these regulations. More stringent values.
2. Implementation of the measures taken pursuant to these regulations may under no circumstances lead either directly or indirectly to deterioration of the current quality of surface water. Implementation not to lead to deterioration. 9.

(1)These regulations may be waived: (

1. a)in the case of floods or other natural disasters; 3 Regulations may be waived. (
2. b)in the case of certain parameters marked (O) in Annex II because of exceptional meteorological or geographical conditions; (
3. c)where surface water undergoes natural enrichment in certain substances as a result of which it would exceed the limits laid down for categories A1, A2 and A3 in the table in Annex II; (
4. d)in the case of surface water in shallow lakes or virtually stagnant surface water, for parameters marked with an asterisk in the table in Annex II, this derogation being applicable only to lakes with a depth not exceeding 20m, with an exchange of water slower than one year, and without a discharge of waste water into the water body: Provided that natural enrichment means the process whereby, without human intervention, a given body of water receives from the soil certain substances contained therein: Provided further that in no case may the exceptions provided for in subregulation

(1)disregard the requirements of public health protection.

(2)The competent authority shall, whenever it waives the provisions of these regulations, publish by notice in the Gazette the reasons and the periods anticipated. 10. Any person shall be guilty of an offence under these regulations if: (

1. a)he fails to comply with any provision of these regulations or with any order lawfully given in terms of any provision of these regulations; or (
2. b)he contravenes any restriction, prohibition or requirement imposed by or under these regulations; or (
3. c)he acts in contravention of any of the provisions of these regulations; or (
4. d)he conspires or attempts, or aids, or abets, any other person by whatever means, including advertising, counselling or procurement to contravene the provisions of these regulations or to fail to comply with any such provisions, including any order lawfully given in terms of any of the provision of these regulations, or to contravene any restriction, prohibition or requirement imposed by or under the Offences under these regulations. 4 [ S.L.549.21 QUALITY REQUIRED OF SURFACE WATER INTENDED FOR THE ABSTRACTION OF DRINKING WATER said regulations. Penalties. Amended by: L.N. 426 of 2007. 11. Any person who commits an offence against these regulations shall, on conviction, be liable: (
5. a)on a first conviction to a fine (multa) of not less than twenty-three thousand and two hundred and ninetythree euro and seventy-three cents (€23,293.73) but not exceeding two hundred and thirty-two thousand and nine hundred and thirty-seven euro and thirty-four cents (€232,937.34); (
6. b)on a second or subsequent convictions, to a fine (multa) of not less than one hundred and sixteen thousand and four hundred and sixty-eight euro and sixty-seven cents (€116,468.67), but not exceeding four hundred and sixty-five thousand and eight hundred and seventy-four euro and sixty-eight cents (€465,874.68) or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment: Provided that whenever any person is found guilty of committing an offence under these regulations by means of a vehicle or ship, the owner of the said vehicle or ship, where applicable, is held liable in the same manner and degree: Provided further that the court shall order any person who has been found guilty of committing an offence against these regulations to pay for the expenses incurred by the competent authority or any public entity or any other persons acting on their behalf involved in the implementation of these regulations, and restitution of the environment as a result of the said offence, and the confiscation of the corpus delicti. Applicability of Criminal Code. Cap. 9. Cap. 9. 12.

(1)The provisions of articles 23 and 30

(1)of the Criminal Code shall, mutatis mutandis, apply to proceedings in respect of offences against these regulations, so however that the disqualification from holding or obtain a licence, permit or authority shall in no case be for less than one year.

(2)Notwithstanding the provisions of article 370 of the Criminal Code, proceedings for an offence against these regulations shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature. Cap. 9.

(3)Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of proceedings for any offence against these regulations. Values and parameters may be revised.

1. The numerical values and the list of parameters given in t h e ta b l e i n A n n e x I I , d e f i n in g t h e p h y s i c a l, c h e m i c a l an d QUALITY REQUIRED OF SURFACE WATER INTENDED FOR THE ABSTRACTION OF DRINKING WATER [ S.L.549.21 microbiological characteristics of surface water may be revised by request of the competent au thority whenever technical and scientific knowledge regarding methods of treatment is extended or drinking water standards are modified.
2. Annexes I and II to these regulations are being published in the English language with the English text of these regulations. Language of Annexes. 5 QUALITY REQUIRED OF SURFACE WATER INTENDED FOR THE ABSTRACTION OF DRINKING WATER [ S.L.549.21 6 ANNEX I Definition of the standard methods of treatment for transforming surface water of categories A1, A2 and A3 into drinking water Category A1 Simple physical treatment and disinfection, e.g. rapid filtration and disinfection. Category A2 Normal physical treatment, chemical treatment and disinfection, e.g. prechlorination, coagulation, flocculation, decantation, filtration, disinfection (final chlorination). Category A3 Intensive physical and chemical treatment, extended treatment and disinfection e.g. chlorination to break-point, coagulation, flocculation, decantation, filtration, adsorption (activated carbon), disinfection (ozone, final chlorination). ANNEX II Characteristics of surface water intended for the abstraction of drinking water Parameters A1 G 6·5 to 8·3 10 1 pH 2 10* 11* 12 Coloration mg/l Pt scale (after simple filtration) Total suspended mg/l 55 25 solids Temperature ºC 22 -1 at 20ºC 1 000 Conductivity s/cm Odour (dilution factor 3 at 25ºC) 25 Nitrates mg/l NO 3 Fluorides mg/l F 0·7 to 1 To t a l mg/l Cl extractable organic chlorine Dissolved iron mg/l Fe 0·1 Manganese mg/l Mn 0·05 Copper mg/l Cu 0·02 13 14 15 16 17 18 19 Zinc Boron Beryllium Cobalt Nickel Vanadium Arsenic 3 4 5 6 7* 8

(1)9 mg/l Zn mg/l B mg/l Be mg/l Co mg/l Ni mg/l V mg/l As 0·5 1 0·01 A1 I A2 G 5·5 to 9 A2 I A3 G 5·5 to 9 A3 I 20 (O) 50 100 (O) 50 200 (O) 25 (O) 22 1 000 10 25 (O) 22 1 000 20 25 (O) 50 (O) 1·5 0·3 0·05 (O) 3 0·05 50 (O) 0·7 to 1 50 (O) 0·7 to 1 1 0·1 0·05 2 1 1 1 1 1 5 1 1 5 0·05 0·05 0·1 QUALITY REQUIRED OF SURFACE WATER INTENDED FOR THE ABSTRACTION OF DRINKING WATER Parameters 20 21 22 23 24 25 26 27 28 29 Cadmium Total chromium Lead Selenium Mercury Barium Cyanide Sulphates mg/l Cd mg/l Cr mg/l Pb mg/l Se mg/l Hg mg/l Ba mg/l Cn mg/l SO4 Chlorides mg/l Cl Surfactants mg/l ( r e a c t i n g w i t h (laurylsulphate) methyl blue) mg/l P2O5 30

(2)Phosphates 31 Phenols (phenol mg/l C6H 5OH index) paranitraniline 4 aminoantipyrine 32 D i s s o l v e d o r mg/l emulsified hydrocarbons (after extraction by petroleum ether) 33 Polycyclic mg/l aromatic hydrocarbons 34 Total pesticides mg/l (parathion, BHC, dieldrin) 35* C h c m i c a l mg/l O2 oxygen demand (COD) 36* D i s s o l v e d % O2 oxygen saturation rate 37* B i o c h e m i c a l mg/l O2 oxygen demand (BOD5) (at 20ºC without nitrification) 38 N i t r o g e n b y mg/l N Kjeldahl method (except NO3) 39 Ammonia mg/l NH4 40 Substances mg/l SEC extractable with chloroform 41 To t a l o r g a n i c mg/l C carbon A1 G 0·001 0·0005 150 A1 I 0·005 0·05 0·05 0·01 0·001 0·1 0·05 250 200 0·2 0·4 [ S.L.549.21 7 A2 G 0·001 A2 A3 A3 I G I 0·005 0·001 0·005 0·05 0·05 0·05 0·05 0·01 0·01 0·0005 0·001 0·0005 0·001 1 1 0·05 0·05 150 250 (O) 150 250 (O) 200 200 0·2 0·5 0·005 0·7 0·01 0·1 0·05 0·2 0·5 1 0·0002 0·0002 0·001 0·001 0·0025 0·005 0·001 0·7 0·001 30 > 70 > 50 > 30 <3 <5 <7 1 2 3 0·05 0·1 1 0·2 1·5 2 0·5 4 (O) 8 [ S.L.549.21 QUALITY REQUIRED OF SURFACE WATER INTENDED FOR THE ABSTRACTION OF DRINKING WATER Parameters 42 43 44 45 46 Residual mg/l C organic carbon after flocculation and membrane filtration (5) TOC Total coliforms /100 ml 37ºC Faecal coliforms /100 ml Faecal /100 ml streptococci Salmonella A1 G A1 I A2 G A2 I A3 G 50 5 000 50 000 20 20 2 000 1 000 20 000 10 000 Not present in 5 000 ml Not present in 5 000 ml A3 I I = mandatory. G = guide. O = exceptional climatic or geographical conditions. * = see Article 9(d).

(1)The values given are upper limits set in relation to the mean annual temperature (high and low).

(2)This parameter has been included to satisfy the eclogical requirements of certain types of environment.