Decree No. 155 / 2011 Coll.
Decree on surface water profiles used for bathing
Valid
Effective from 01.07.2011
155
DECLARATION
of 30 May 2011
on bathing surface water profiles
The Ministry of Agriculture, in agreement with the Ministry of the Environment and the Ministry of Health, provides pursuant to § 34 (1) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended by Act No. 151 / 2011 Coll.:
Subject matter
This decree implements the relevant European Union1 regulation and sets out the content and method of establishing the surface water profile used for bathing (hereinafter referred to as the "bathing water profile '), the conditions for its review and updating and the extent and manner of transmission of the supporting documents to river basin managers.
Content and method of building bathing water profile
(1) The bathing water profile contains
(a) a description of the physical, geographical and hydrological characteristics of surface water used for bathing and other surface waters in their catchment areas which could cause pollution;
(b) identification and assessment of causes of pollution which may adversely affect the quality of surface water used for bathing and adversely affect the health of bathers, including:
1. an evaluation of microbial bathing water pollution at the monitoring site or at other sampling points, where appropriate, in at least the last 5 years, if data are available; and
2. inventory of significant sources of pollution and assess their possible impact on microbial bathing water pollution;
(c) the risk assessment of short-term pollution (2) and, if it exists, this information
1. the assumed nature, frequency and duration of expected short-term pollution,
2. information on the causes which could cause short-term pollution, including the preventive measures taken and the timetable for their removal;
3. measures taken in the event of short-term pollution, indicating the authorities responsible for taking such measures and the data relating to the link to those authorities; and
(d) an assessment of possible replication of sinuses and macroscopic algae or phytoplankton involving:
1. an evaluation of the species composition and the amount of phytoplankton, in particular sinuses, and the concentration of nutrients, in particular phosphorus, at the bathing water monitoring site and, where appropriate, at other sampling sites, in at least the last 5 years where data are available; and
2. the inventory of significant sources of pollution and the assessment of their possible impact on the feeding of nutrients (especially phosphorus) into bathing water;
(e) details of the location of the monitoring points;
(f) a map containing:
1. a sketch of the surface water used for bathing and parts of the water catchment areas where sources of pollution may have an adverse effect on surface water used for bathing, including indicating sources of pollution; and
2. the location of the monitoring sites; and
(g) other relevant information if deemed appropriate by the river basin administrator.
(2) The river basin managers shall compile bathing water profiles from supporting documents submitted to them pursuant to Section 5 of the results of their own activities under the Water Act and from data publicly available in public information systems of public administration.
Review and updating of bathing water profile
(1) The bathing water profile shall be reviewed for surface bathing waters classified under the Ordinance on hygiene requirements for swimming pools, saunas and sanitation limits for sand in outdoor play areas, in the case of their
(a) good quality at least every 4 years;
(b) acceptable quality at least every 3 years; or
(c) non-compliant quality at least every 2 years.
(2) The bathing water profile shall be updated if the need for a change in its content has been established during the review referred to in paragraph 1.
(3) For surface water used for bathing classified in accordance with the Ordinance governing the requirements for swimming pools, saunas and sanitation limits of sand in outdoor playing areas, in excellent quality, the bathing water profile is reviewed and, where appropriate, updated if the classification is changed to good, acceptable or non-compliant. The profile of these waters shall be further reviewed and, where appropriate, updated at least every 4 years if a temporary ban or a temporary warning has been issued under the Public Health Protection Act (3) because of the occurrence of sinks.
(4) In the case of large-scale construction works or significant changes in equipment belonging to or near bathing surface water, the bathing water profile shall be updated before the start of the following bathing season. Equipment belonging to surface water used for bathing means equipment of a bathing site, in particular toilets, showers, closets, changing rooms and waste facilities.
In establishing, reviewing and updating the bathing water profile, the data obtained in the detection and evaluation of surface and groundwater status pursuant to Section 21 of the Water Act, the data obtained in water planning pursuant to Sections 23 to 26 of the Water Act and the data obtained in water quality monitoring under the Act on Public Health Protection.
Scope and manner of transmission of supporting documents to river basin management
(1) Regional health stations shall transmit to river basin managers in a way that allows long-distance transmission of data by 31 October each year.
(a) the results of the monitoring of surface water quality used for bathing (4);
(b) the identification and description of the monitoring sites and the description of the equipment belonging to surface water used for bathing, including the description of the nature of the beach and the bottom in places where more bathing water is entering;
(c) the results of the assessment and classification of bathing surface water quality;
(d) a summary of general measures issued providing for a temporary or permanent prohibition on the use of bathing water or a temporary or permanent warning against bathing;
(e) an assessment of the potential effects on microbial surface water pollution used for bathing, including the risk to bathers, where this information is available; and
(f) the risk assessment of short-term pollution, including the information referred to in Article 2 (c), where available.
(2) Each year, the Ministry of Health shall transmit to the water authorities a list of bathing waters drawn up under the Act on the Protection of Public Health (5) within 10 days of its submission to the European Commission.
(3) Each year, the Ministry of the Environment shall transmit to the river basin managers, in a manner which allows long-distance data transmission within 10 days of the submission of the list of bathing waters referred to in paragraph 2 to the European Commission,
(a) data on surface waterused for bathing (6);
(b) the long-term average annual flow (Qa) and the specific outflow required for the processing of the bathing water profile; and
(c) for the compilation, review and updating of the bathing water profile, the necessary data on sources of pollution not contained in publicly accessible public administration information systems and the Ministry of the Environment is available and data on sources of pollution from the integrated environmental pollution register.
(4) The water authorities shall transmit to the river basin managers the measures taken pursuant to Paragraph 34 (3) of the Water Act within 15 days of the date of acquisition of their legal power.
Transitional provision
The documents relating to the first development of bathing water profiles pursuant to Article IV of Law No 151 / 2011 Coll. shall be transmitted to the water authorities referred to in Section 5 within 15 days of the date of application of this decree.
Efficacy
This Decree shall take effect on 1 July 2011.
Minister:
Ing. Fuksa v. r.
1) Article 6 and Annex III to Directive 2006 / 7 / EC of the European Parliament and of the Council of 15 February 2006 on the management of bathing water quality and repealing Directive 76 / 160 / EEC.
2) § 82a (2) (d) of Act No. 258 / 2000 Coll., on Public Health Protection, as amended by Act No. 151 / 2011 Coll.
3) Act No. 258 / 2000 Coll., as amended.
4) § 82a (2) (a) of Act No. 258 / 2000 Coll., as amended by Act No. 151 / 2011 Coll.
5) § 6g of Act No. 258 / 2000 Coll., as amended by Act No. 151 / 2011 Coll.
6) Decree No. 391 / 2004 Coll., on the extent of the data in the records of surface and groundwater status and on the way in which these data are processed, stored and transmitted to public administration information systems.
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Regulation Information
| Citation | Decree No. 155 / 2011 Coll., on surface water profiles used for bathing |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.06.2011 |
|---|---|
| Effective from | 01.07.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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