Decree No. 5 / 2011 Coll.
Ordinance on the definition of hydrogeological zones and bodies of groundwater, how to assess groundwater status and the requirements of groundwater survey and assessment programmes
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Effective from 26.01.2011
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5
DECLARATION
of 20 December 2010
on the definition of hydrogeological ramifications and bodies of groundwater, the method of assessment of groundwater status and the essentials of groundwater survey and assessment programmes
The Ministry of the Environment and the Ministry of Agriculture provides pursuant to § 21 paragraph 3 of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended by Act No. 20 / 2004 Coll. and Act No. 150 / 2010 Coll.:
INTRODUCTORY PROVISIONS
Subject matter
This decree implements the relevant provisions of the European Union1) and provides:
(a) the way in which hydrogeological havens are defined, the bodies of groundwater,
(b) how to assess groundwater status; and
(c) the details of the groundwater survey and assessment programmes.
Definition of terms
For the purposes of this decree:
(a) a pollutant which may endanger groundwater quality;
(b) the entry of the pollutant into groundwater of direct or indirect introduction of the pollutant into the groundwater due to human activity;
(c) the groundwater quality standard is an environmental quality standard, expressed as the concentration of a particular pollutant or group of substances, or the value of the pollution indicator in groundwater, which should not be exceeded for reasons of protection of human health and the environment;
(d) the threshold of the environmental quality standard as set out in Table 1 of Annex 5 to this Decree;
(e) the reference value of the concentration of the pollutant or pollution indicator in groundwater, the excess of which indicates the effect of human activity and the deterioration of the quality of those waters;
(f) a significant and sustained upward trend of any statistically and environmentally significant increase in the concentration of the pollutant or group of substances, or the value of the groundwater pollution indicator, for which it is necessary to reverse this trend and to determine the beginning of the reverse of that trend in accordance with Article 9 and Part B of Annex 2 to this Decree,
(g) the background level of the concentration of the substance or the value of the indicator corresponding to a zero or very low anthropogenic change compared to undisturbed conditions;
(h) the natural concentration of the substance or the value of the indicator which corresponds to conditions not affected by human activity;
(i) the starting level of the average annual value of the results of the groundwater survey programmes from at least 2007 and 2008 or, in the case of substances identified after those years, during the first period for which a representative monitoring period is available;
(j) type of monitoring site A place of sampling of groundwater or water coming directly from springs or a place where a stable establishment is located to monitor the levels or levels of groundwater or the yield of springs and not covered by a permit for the handling of waters,
(k) type of monitoring site B the place of sampling of groundwater or water directly emerging from the springs or the place where a stable establishment is located to monitor the level or levels of groundwater or the yield of the springs and to which the authorisation for the treatment of water2 applies);
(l) a set of monitoring sites referred to in (i) and (j) set out in the monitoring programme concerned;
(m) the groundwater survey network, a set of monitoring points referred to in points (i) and (j), the results of which shall be used to evaluate the status of groundwater bodies and groundwater quality;
(n) contaminating cloud-concentrated mass of pollutants which may spread in groundwater.
DETERMINATION OF HYDROGEOLOGICAL RAJONES AND DETERMINATION OF TERRITORIAL WATERS
Definition of hydrogeological sites
(1) Hydrogeological areas are defined on the basis of natural characteristics, in particular the hydrogeological conditions, the type of irrigation and the circulation of groundwater.
(2) Hydrogeological areas are composed of one or more bodies of groundwater.
(3) The list of hydrogeological sites is set out in Annex 6 to this Decree.
(4) The border data and the location of hydrogeological sites are registered in accordance with Section 22 (4) (a) of the Water Act.
Definition of groundwater bodies
(1) The list of bodies of groundwater is set out in Annex 6 to this Decree.
(2) The bodies of groundwater are defined in a deep upper, basic and deep layer.
(3) Data on the boundaries and location of bodies of groundwater are recorded in accordance with Section 22 (4) (a) of the Water Act.
Assessment of groundwater status
The groundwater assessment shall consist of:
(a) assessment of groundwater bodies;
(b) evaluation of significant and sustained upward trends and contamination clouds; and
(c) evaluation of groundwater quality.
Method of assessment of groundwater bodies
(1) The assessment of the status of bodies of groundwater consists of an assessment of their chemical and quantitative status.
(2) For the evaluation of the status of groundwater bodies, the results obtained from the groundwater survey network, analyses of the general and aquatic characteristics of the river basins and an assessment of the impact of human activity on the status of groundwater bodies shall be used.
(3) The assessment of the status of bodies of groundwater of a cross-border nature takes place in cooperation between the parties concerned within the framework of the International Committee3).
(4) When graphically depicted, the good condition of groundwater bodies shall be marked in green and not in red.
Method of evaluation of the chemical status of bodies of groundwater
(1) The evaluation of the chemical status of bodies of groundwater shall be carried out for all bodies of groundwater once every six years in accordance with the procedure defined in Annex 3 to this Regulation.
(2) The evaluation of the chemical status of the groundwater risk bodies shall be carried out at least for all pollutants contributing to such labelling.
(3) The groundwater quality standards are used to evaluate the chemical status of bodies of groundwater. Where the river basin administrator or the authorised expert body referred to in Article 21 (4) of the Water Act considers that the groundwater quality standards could thwart the achievement of the environmental objectives relating to the related surface water bodies referred to in Section 23a of the Water Act or lead to a significant deterioration of the ecological or chemical quality of those bodies or to significant damage to terrestrial ecosystems directly dependent on the groundwater body, it shall introduce more stringent thresholds in accordance with Table 1 of Annex 5 to this Regulation. The programmes and measures relating to these thresholds also apply to the activities covered by the Water Law and the Government Decree on the establishment of vulnerable areas and the Action programme10).
(4) The results of the evaluation of the chemical status of bodies of groundwater shall be expressed by classifications that are good or not satisfactory.
Method for assessing the quantitative status of bodies of groundwater
(1) The evaluation of the quantitative status of bodies of groundwater shall be carried out for all bodies of groundwater once every six years in accordance with the procedure defined in Annex 4 to this Decree.
(2) The results of the evaluation of the quantitative status of bodies of groundwater shall be expressed by classifications that are good or not satisfactory.
Method of assessing significant and sustained upward trend and evaluation of contaminating clouds
(1) The assessment of a significant and sustained upward trend is carried out for pollutants, groups of pollutants or values of pollution indicators found in groundwater risk bodies once every six years under the conditions defined in Part A of Annex 2 to this Decree.
(2) The results of the assessment of a significant and sustained upward trend shall be expressed as an identified or unidentified significant and sustained upward trend.
(3) For the identified significant and sustained upward trend, the beginning of the reversal of this trend shall be determined in accordance with Part B of Annex 2 to this Regulation as a percentage of the level of groundwater quality standards set out in Table 1 of Annex 1 to this Regulation and thresholds.
(4) When identifying a significant and sustained upward trend in pollutants occurring naturally and as a result of human activity, the starting levels shall be taken into account and, where they exist, the data collected before the start of the relevant monitoring programmes.
(5) Data from operational monitoring and situation monitoring shall be used to evaluate a significant and sustained upward trend, specifying the year or period from which trend identification is recorded.
(6) In particular, the assessment of groundwater quality and groundwater development are the basis for assessing significant and sustained upward trends.
(7) The assessment of contaminants clouds shall be carried out once every six years for all contaminants that may jeopardise the objectives of water protection as an environmental component and shall consist of an evaluation of the trends of pollutants identified therein.
(8) The assessment of the trends of pollutants in contaminants referred to in paragraph 7 shall result in information on the direction of the spread of contaminants, their impact on the chemical status of groundwater bodies and the risk they may pose to human health and the environment.
(9) When graphically depicted, the significant and sustained upward trend of pollutants is denoted by a black dot, the beginning of the reversal of a significant and sustained upward trend is denoted by a blue dot.
Method of evaluation of groundwater quality
(1) The assessment of groundwater quality shall be carried out once a year for each monitoring site in accordance with the procedure defined in Part A of Annex 5 to this Regulation.
(2) The reference values set out in Annex 5 to this Regulation shall be used for the quality assessment.
Method of assessing the development of groundwater quality
(1) The assessment of the development of groundwater quality shall be carried out once every three years for each monitoring site in accordance with the procedure defined in Part B of Annex 5 to this Regulation.
(2) The assessment of the development of groundwater quality results in an increasing, decreasing or unchanging trend in the concentrations of individual pollutants or their indicators.
Quality system security
The groundwater detection shall be carried out by laboratories which:
(a) have a quality system in place in accordance with the Technical Requirements Act for Products (4) and in accordance with ČSN EN ISO / IEC 17025;
(b) participate in inter-laboratory comparative testing programmes organised for this purpose by accredited organisations (ISO / IEC 43-1) covering the full range of indicators monitored by the laboratory in the framework of water status surveys; and
(c) demonstrate to the national accreditation body the competence to carry out analyses of available reference materials typical of the samples taken, which contain adequate concentration values in relation to relevant environmental quality standards.
Minimum working criteria for analytical methods
(1) The minimum working criteria for all methods used have 50% or less of combined expanded measurement uncertainty (U2k) at the level of the relevant groundwater quality standards and thresholds. The limit of determination shall be 30% or less of the corresponding groundwater quality standard and threshold values.
(2) Where there is no appropriate groundwater quality standard for a given indicator or no method of analysis that meets the minimum working criteria referred to in paragraph 1, monitoring of that indicator shall be carried out by the best available technique not requiring excessive costs. The justification and description of the best available techniques used shall be given in the relevant monitoring programme.
Processing of results of chemical analysis
(1) The scope of the chemical analysis is determined by the purpose of the individual monitoring programmes.
(2) In order to ensure an acceptable degree of accuracy and accuracy, the combined expanded measurement uncertainty (U2k) shall be taken into account for the purposes of assessing water status with the relevant groundwater quality standards.
(3) Where the values of the characteristics in the sample are below the limit of determination, the results of the measurements shall be set at half the value of the relevant limit of determination for the calculation of the average values.
(4) Where the average value of the measurement results calculated in accordance with the procedure referred to in paragraph 3 is below the limit of determination, that value shall be less than the limit of determination.
(5) Paragraph 3 shall not apply in the case of a total groundwater quality standard for pesticides set out in Annex 1 to this Regulation or in cases where it is an indicator forming part of the total sum of the set of indicators, including their breakdown or reaction products or metabolites. In this case, the result is not counted below the limit of determination and only the values of the individual indicators in the group above the limit of determination are included in the total.
Groundwater monitoring networks
(1) The groundwater monitoring network is designed in accordance with the Framework Programme for the Exploration and Evaluation of the State of Water and Protected Territories of the Czech Republic (hereinafter referred to as the Framework Programme for Monitoring) and is divided into:
(a) monitoring network for groundwater chemical status;
(b) a monitoring network for the quantitative status of groundwater.
(2) The monitoring network of groundwater chemical status is designed to provide a coherent overview of groundwater quality in the sub-basins, to identify significant and sustained upward trends in pollutants and to assess the chemical status of groundwater bodies under this Decree.
(3) The quantitative groundwater monitoring network shall be designed to:
(a) provide reliable data to evaluate the quantitative status of bodies of groundwater or groups of bodies of groundwater under this Decree, including an evaluation of the available amount of groundwater, natural resources, level regimes and groundwater emissions;
(b) it contains a number of representative monitoring points and a frequency of measurements to the extent that the groundwater level can be determined, an estimate of the direction and size of groundwater flow, the level regime and the rate in each body of groundwater or group of groundwater bodies, taking into account the short-term and long-term variability in their replenishment;
(c) ensure the density of the monitoring sites and the frequency of measurements for the risk bodies of groundwater to enable the assessment of the impact of sampling and discharges on the groundwater level and abundance regime and on the associated surface water, water and terrestrial ecosystems;
(d) for bodies of groundwater of a cross-border nature, it has ensured the number of monitoring sites and the frequency of measurements, which will allow an estimate of the direction and size of the groundwater flow and the determination of the impact of the groundwater level regime.
IMPLEMENTATION OF THE OBSERVATIONS AND EVALUATION PROGRAMMES
Groundwater detection and assessment programmes
(1) The groundwater detection and assessment programmes are:
(a) The monitoring framework programme;
(b) Groundwater monitoring programme;
(c) Survey monitoring programmes.
(2) The groundwater monitoring programme referred to in paragraph 1 (b) shall consist of:
(a) the groundwater situation monitoring programme;
(b) an operational groundwater monitoring programme;
(c) The programme for monitoring the quantitative status of groundwater.
(3) The body providing groundwater survey and assessment programmes under approved monitoring programmes shall assess the progress and implementation of each monitoring programme at intervals not exceeding three years.
(4) The groundwater situation monitoring programme, the operational groundwater monitoring programme and the quantitative groundwater monitoring programme shall be updated no later than six years after their approval, no later than 31 October of the preceding calendar year.
Groundwater monitoring programme
Groundwater Situation Monitoring Programme
(1) The situation monitoring programme is based on the Framework Programme for Monitoring and is a basis in particular for:
(a) the addition and verification of the results of analyses of the general and aquatic characteristics of the river basins and the assessment of the impact of human activity on groundwater status;
(b) evaluation of the chemical status of all bodies of groundwater and identification of significant and sustained upward trends in pollutants;
(c) an assessment of the long-term quality developments caused by changes in natural conditions;
(d) evaluation of groundwater quality;
(e) water balance management;
(f) effective and effective proposals for updating other monitoring programmes;
(g) water planning;
(h) international monitoring programmes and for cooperation in international river basin areas;
(i) draft programmes of measures under Section 26 of the Water Act.
(2) The situation monitoring programme provides in particular for:
(a) a monitoring network for groundwater chemical status, including a list of monitoring sites;
(b) a list of the indicators to be monitored, the frequency of their monitoring for each monitoring site, including requirements for reliability and accuracy of the results, with the following indicators being monitored without exception at all monitoring points: oxygen content, pH, conductivity, nitrates and ammonium ions.
(3) Indicators contributing to such designation of the body of groundwater shall be monitored at selected monitoring points of risk bodies of groundwater. The selected monitoring point shall mean a monitoring point which may affect the impact of human activity identified in the assessment of the effects and impacts on groundwater.
(4) At selected monitoring sites of bodies of cross-border groundwater, those indicators are monitored to protect all uses of the body of groundwater dependent on water flow. These indicators are set out in the framework of cooperation in the international commissions (3).
(5) The situation monitoring programme shall be proposed on the basis of analyses of the general and aquatic characteristics of the river basin and an assessment of the impact of human activity on groundwater status for each period of validity of river basin management plans.
Operational groundwater monitoring programme
(1) The operational groundwater monitoring programme is based on the Framework Programme of Monitoring and is a basis for:
(a) evaluation of the chemical status of the groundwater risk bodies and identification of significant and sustained upward trends in pollutants;
(b) evaluation of groundwater quality,
(c) water balance management;
(d) water planning;
(e) international monitoring programmes and for cooperation in international river basin areas; and
(f) draft programmes of measures under Section 26 of the Water Act.
(2) The operational monitoring programme provides in particular for:
(a) a monitoring network for groundwater chemical status, including a list of monitoring sites;
(b) lists of the indicators monitored and the frequency of their monitoring for each monitoring site, including requirements for the reliability and accuracy of the results, where:
1. indicators of pollutants resulting in such a designation of the groundwater body are monitored at monitoring sites of the relevant groundwater risk department;
2. monitoring points where the results of the quality evaluation indicate that 75% of the level of quality standards set out in Annex 1 to this Decree and the threshold values have been reached, the indicators of the pollutants for which that level has been reached shall be monitored.
(3) The operational monitoring programme is implemented in years when the situation monitoring programme is not implemented.
Quantitative groundwater monitoring programme
(1) The monitoring programme for the quantitative status of groundwater is based on the Framework Programme for Monitoring and is the basis for:
(a) evaluation of the quantitative status of bodies of groundwater;
(b) an assessment of the level and intensity of groundwater sources, including their long-term trends and the balance between groundwater replenishment and collection;
(c) evaluation of natural groundwater resources;
(d) the management of the water balance under Section 22 of the Water Act;
(e) water planning;
(f) draft programmes of measures under Section 26 of the Water Act.
(2) The programme for monitoring the quantitative status of groundwater provides in particular:
(a) a monitoring network for the quantitative status of groundwater, including a list of monitoring sites and their number;
(b) the frequency of monitoring the levels and intensity of springs for each monitoring site.
Survey monitoring programmes
(1) The survey monitoring programmes are based on the Monitoring Framework Programme and provide:
(a) the reasons for introducing exploratory monitoring, the objectives of the exploratory monitoring and its links to other monitoring programmes;
(b) the definition of monitoring points;
(c) lists of indicators monitored and the frequency of their monitoring for each monitoring site.
(2) Survey monitoring programmes shall be applied:
(a) where exceptional occurrences have occurred and the causes are not known;
(b) in the event that the results of the situation monitoring and trend assessment indicate the likelihood of failure to achieve good water status and that the water service has not yet been included in the Operational Monitoring Programme;
(c) in order to determine the size and impact of emergency pollution; or
(d) to provide information for the establishment of a programme of measures to achieve the objectives of water protection.
(3) Survey monitoring programmes shall be processed as necessary, always in relation to groundwater bodies.
(4) The initiative to introduce exploratory monitoring is given by the river basin manager pursuant to § 54 of the Water Act, Czech Environmental Inspection, a municipality with extended scope or an authorised expert body pursuant to § 21 (4) of the Water Act.
Efficacy
This Decree shall take effect on the 15th day following its publication.
Minister of Environment:
Mgr. Drobil v. r.
Minister for Agriculture:
Ing. Fuksa v. r.
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Regulation Information
| Citation | Decree No. 5 / 2011 Coll., on the definition of hydrogeological ramifications and bodies of groundwater, the method of assessment of groundwater status and the requirements of groundwater survey and assessment programmes |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.01.2011 |
|---|---|
| Effective from | 26.01.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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