Decree No. 98 / 2011 Coll.
Decree on how to assess the state of bodies of surface water, how to assess the ecological potential of strongly affected and artificial bodies of surface water, and how to identify and evaluate surface water
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Effective from 15.05.2011
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98
DECLARATION
of 30 March 2011
on how to assess the status of surface water bodies, how to assess the ecological potential of strongly affected and artificial surface water bodies and the requirements of surface water 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.:
Subject matter
This decree, in accordance with European Unionlaw, states:
(a) how to assess the state of the bodies of surface water;
(b) how to assess the ecological potential of heavily affected and artificial surface water bodies;
(c) the details of the surface water survey and assessment programmes.
Definition of terms
For the purposes of this decree:
(a) the chemical status of surface water - a condition determined on the basis of the evaluation of priority substances (2), aldrin, dieldrin, endrin, isobrin, p, p '-DDT, DDT total [includes the sum of isomers: 1,1,1-trichloro-2,2-bis (p-chlorophenyl) -ethane (CAS number 50@-@ 29-3), 1,1,1-trichloro-2- (o-chlorophenyl) -2- (p-chlorophenyl) -ethane (CAS number 789-02-6), 1,1-dichloro-2,2bis (p-chlorophenyl) -ethylene (CAS number 72- 55- 9) and 1,1-dichloro-dichloro-1,2-bis (p-chlorophenyl) -ethane (CAS number 72-54-8)], tetrachloroethylene, tetrachloroethylene, tetrachloromethane according to the environmental quality standards (3) and in accordance with the procedures referred to § 5,
(b) environmental potential - the state of a strongly affected or artificial surface water body established on the basis of the classification system set out in Annexes 7 and 10 to this Decree;
(c) the quantitative characteristics of surface water - the expression of the amount of surface water determined on the basis of the assessment of the water balance (4) as a water supply in the water catchment area or in the body of surface water over a given time interval or the quantitative status of surface water over a given time interval or balance sheet state, also determined with regard to the determination of the minimum residual flow under Section 36 of the Water Law;
(d) good ecological status - the state of the body of surface water to be determined on the basis of the classification system set out in Annexes 2, 4, 5 and 6 to this Decree;
(e) good environmental potential - the state of the body of surface water, to be determined on the basis of the classification system set out in Annexes 7 and 10 to this Decree;
(f) a protected area - water or territory determined pursuant to § 31 to 35 of the Water Act and European significant sites, bird areas, national nature reserves, natural reserves, national natural monuments and natural monuments, established under the Nature and Landscape Conservation Act (5), in which the maintenance or improvement of water status is a factor in their conservation;
(g) monitoring points - places where water status surveys are carried out, in particular water stations, sampling points or surface water quality monitoring profiles in a specified section of the flow;
(h) by a horizontal station - a specific profile on the water flow or surface water body equipped with a device or apparatus for the systematic hydrological observation of water status, levels and flow as referred to in Article 181 of ČSN 73 6530;
(i) specific profile - water flow profile according to Article 147 of ČSN 73 6530 and ČSN 75 0120 or surface water body in which hydrometric work is carried out;
(j) the sampling point - the total extent of the territory or demarcated area within the water stream, the water tank and the retention according to CSN 75 0120 or the surface water body where samples are taken in accordance with Part 2 of CSN ISO 6107-2;
(k) the surface water quality monitoring profile - the sampling point where samples of surface water, sediment and biota are taken, determined transverse to the water flow axis according to CSN 75 0120, water tanks, shall be retained according to CSN 75 0120 or surface water body;
(l) location - part of the surface water body, comprising the sampling point, where the samples are taken and other environmental status, ecological potential or quantitative status characteristics are identified,
(m) the water survey network - the list of monitoring sites and places where water surveys and assessments are carried out on the basis of the requirements of other legislation6) and in accordance with Annex 1 to this Decree;
(n) reference conditions - conditions where the water status indicators correspond to a very good ecological status in accordance with Annexes 2, 4, 5 and 6 to this Decree;
(o) matrices - water environment component such as water, sediment or biota,
(p) limit of detection - the value above which it can be confirmed with a specified level of reliability that it is different from the result of the blank determination according to Part 14 of the CSN ISO 5667-14,
(q) limit of determination - a specified multiple of the limit of detection in the concentration of the determining element, which may be adequately determined with an acceptable level of accuracy and accuracy;
(r) combined expanded measurement uncertainty - a non-negative indicator that characterises the variance of quantitative values attributed to the measured value on the basis of the information used;
(s) mixing zone - part of the surface water body where compliance with environmental quality standards is not required (3) in accordance with Section 5 (1), but does not affect compliance with environmental quality standards in the rest of the surface water body,
(t) type-specific reference conditions - the values set out in accordance with the procedure set out in Annex 2 to this Regulation for hydromorphological, physicochemical and biological quality indicators listed in Annex 3 to this Regulation.
Assessment of surface water bodies
(1) The evaluation of surface water bodies shall be carried out by assessing the chemical and ecological status or ecological potential in the case of heavily affected and artificial surface water bodies in the categories of river or lake 7).
(2) The status of surface water bodies shall be evaluated every three years using data obtained in the framework of the implementation of the Surface Water Monitoring Programme pursuant to Article 14 of this Decree.
Assessment of the chemical status of surface water bodies
(1) Environmental quality standards (3) of priority substances (2) and aldrin, dieldrin, endrin, isdrin, p, p '-DDT, DDT total, tetrachloroethylene, trichloroethylene, tetrachloromethane, tetrachloromethane shall be used for the evaluation of the chemical status of surface water bodies.
(2) When assessing the results of the detection of the chemical status of surface water bodies, account may be taken of:
(a) natural background concentrations for nickel, lead, cadmium and mercury and their compounds, if they prevent compliance with environmental quality standards (3);
(b) hardness, pH, dissolved organic carbon or other water quality indicators affecting the bioavailability of these metals, the bioavailable concentrations being determined using appropriate bioavailability models.
(3) In the flow sections identified as mixing zones, those substances for which they have been defined in accordance with Section 6 shall be excluded from the evaluation of chemical status.
(4) Environmental quality standards (3) and procedures according to § 11 (1), (2) and (3) shall apply for the detection of chemical status.
(5) The results of the evaluation shall be expressed by classifying the chemical status of surface water bodies as "good condition 'or" failure to achieve good status'. A good condition is achieved if neither of the observed values of the monitored indicators exceeds the environmental quality standards (3).
(6) The results of the evaluation of the chemical status of surface water bodies shall be illustrated in accordance with Annex 10 to this Decree.
Mixing zone
(1) The mixing zone may be defined as a part of the surface water body immediately downstream of the waste water discharge site where concentrations of priority substances (2) and aldrin, dieldrin, endrin, isdrin, p, p '-DDT, DDT in total, tetrachloroethylene, trichloroethylene and tetrachloromethane may exceed the relevant environmental quality standards (3) unless they affect compliance with these standards in the rest of the surface water body.
(2) The extent of the mixing zone must be:
(a) restricted to areas adjacent to the discharge point;
(b) appropriate to the concentration of pollutants at the point of discharge;
(c) in accordance with the conditions relating to the emission of pollutants under the Order on river basin management plans and flood risk management plans (8) and European Union legislation (1); and
(d) in accordance with the best available techniques.
Assessment of the ecological status of surface water bodies
(1) For surface water bodies not defined as strongly affected or artificial, the ecological status assessment shall be carried out in accordance with Annexes 4, 5 and 6 to this Decree for the individual qualitative indicators listed in Annex 3 to this Decree.
(2) The initial basis for assessing the ecological status of surface water bodies is the type-specific reference conditions for each type of surface water body.
(3) The results of the evaluation shall be expressed by classifying the ecological status as "very good '," good', "medium '," damaged' or "destroyed '.
(4) The results of the evaluation of the ecological status of surface water bodies shall be presented in accordance with Annex 10 to this Decree.
Evaluation of the ecological potential of strongly affected and artificial surface water bodies
(1) For surface water bodies which have been defined as strongly affected or artificial, the environmental potential assessment shall be carried out in accordance with Annex 7 to this Decree for the applicable qualitative indicators listed in Annex 3 to this Decree.
(2) The evaluation results shall be expressed by classifying the ecological potential as "good and better '," medium', "damaged 'or" destroyed'.
(3) The results of the evaluation of the ecological potential of surface water bodies shall be presented in accordance with Annex 10 to this Decree.
Quality system security
The surface water survey laboratories shall have a quality system in accordance with the standard setting out the general requirements for the competence of testing and calibration laboratories (18).
Minimum working criteria for analytical methods
(1) The minimum working criteria for all methods used must have a combined expanded measurement uncertainty of 50% or less at the level of the relevant environmental quality standards. The limit of determination is equal to or less than 30% of the corresponding environmental quality standard.
(2) Where there is no relevant environmental 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 disproportionate costs.
Processing of results of chemical analysis
(1) Where the values of physicochemical or chemical indicators in a 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 mean values.
(2) Where the average value of the measurement results calculated in accordance with the procedure referred to in paragraph 1 is below the limit of determination, that value shall be determined as less than the limit of determination.
(3) Paragraph 1 shall not apply where the indicator is part of the total sum of the chemical or physicochemical groups, including their breakdown and reaction products or metabolites. In this case, a zero value shall be used for the result below the limit of determination for each substance.
(4) The analysis of long-term trends in the concentrations of selected priority substances [anthracene, brominated diphenylether, cadmium and its compounds, chlorinated alkanes C10-13, di (2-ethylhexyl) phthalate, fluoranthene, hexachlorobenzene, hexachlorobenzene, hexachlorocyclohexane, lead and its compounds, mercury and its compounds, pentachlorobenzene, polycyclic aromatic hydrocarbons, tributyltin compounds, dicofol, perfluorooctane sulfonic acid and its derivatives, quinoxyfen, dioxins and dioxin-like compounds, hexabromocyclododecane, heptachlor and heptachloro-epoxide, in sediment and biota, followed in accordance with the Framework Programme of Water and Water Status and the Czech Republic ("Framework Programme of Monitoring)."
(5) If the calculated average value of measurements carried out using the best available techniques that do not require disproportionate costs is less than the limit of determination and the limit of determination is higher than the environmental quality standard (3) for such techniques, the result for this measured substance shall not be taken into account for the purpose of assessing the chemical status of the water body.
Surface water detection and assessment programmes
(1) According to the territorial scope of the monitored basins, defined bodies of surface water, the scope and extent of the monitoring details shall be divided into:
(a) The monitoring framework programme;
(b) a surface water monitoring programme which includes a surface water situation monitoring programme and operational surface water monitoring programmes;
(c) a programme for monitoring the quantitative characteristics of surface water;
(d) Survey monitoring programmes.
(2) In protected areas, the detection and evaluation of water status is carried out on the basis of the requirements of other legislation6) and in accordance with Annex 1 to this Decree.
Monitoring Framework Programme
(1) The monitoring framework programme shall, in accordance with Annexes 9 and 12 to this Regulation:
(a) principles, material content, scope, methodological procedures and formalities for each monitoring programme;
(b) the timetable for the procedure necessary for the compilation, discussion, approval and implementation of the individual monitoring programmes;
(c) criteria for the selection of monitored indicators under individual monitoring programmes, including recommended methods for their detection for the evaluation of surface water bodies;
(d) the method of establishing the binding range of networks of individual monitoring programmes and the binding rules for the necessary addition of such networks and their subsequent inclusion in the relevant monitoring programmes;
(e) requirements for the detection and evaluation of water status for international monitoring programmes and for cross-border cooperation;
(f) technical and administrative formalities for the transmission, storage and sharing of results of monitoring programmes for the performance of public administration and managements10), European Union institutions and international organisations;
(g) the definition of institutional security for the design and implementation of individual monitoring programmes or parts thereof;
(h) the definition of institutional security for the processing of surface water status assessments pursuant to Section 4 for individual monitoring programmes.
(2) The monitoring framework programme shall be updated no later than six years after the date of its approval, each time on 30 June of the calendar year concerned.
Surface water monitoring programme
(1) The surface water monitoring programme is processed in the framework of river basin management pursuant to § 54 of the Water Act, broken down into sub-supration11).
(2) The surface water monitoring programme shall be updated no later than six years after its approval, each time on 31 October of the calendar year concerned.
Surface water situation monitoring programme
(1) The surface water situation monitoring programme is based on the Framework Programme of Monitoring and is processed in accordance with the requirements for monitoring the ecological and chemical status of surface water as set out in Annex 9 (1) and (5) to this Decree.
(2) The surface water situation monitoring programme provides in particular:
(a) the definition of the monitoring points, including their list and number;
(b) lists of monitored indicators in each matrix and the frequency of their monitoring for each monitoring site, including an estimate of the reliability and accuracy of the results.
Operational surface water monitoring programmes
(1) The operational surface water monitoring programmes are based on the Framework Programme for Monitoring and are processed in accordance with the requirements for monitoring the ecological and chemical status of surface water as set out in points 2 and 5 of Annex 9 to this Regulation.
(2) The operational surface water monitoring programmes provide in particular for:
(a) the definition of the monitoring points, including their list and number;
(b) lists of monitored indicators in each matrix and the frequency of their monitoring for each monitoring site, including an estimate of the reliability and accuracy of the results.
(3) The operational monitoring programmes also contain requirements for the detection and evaluation of surface water status in protected areas in accordance with Annex 1 to this Decree.
Monitoring programme for quantitative characteristics of surface water
(1) The monitoring programme for the quantitative characteristics of surface water is based on the Framework Programme for Monitoring and is drawn up in accordance with the requirements for monitoring the ecological and chemical status of surface water as set out in points 3 and 5 of Annex 9 to this Decree.
(2) The programme for monitoring the quantitative characteristics of surface water provides in particular:
(a) the definition, list and number of monitoring points for the monitoring of water conditions and flows on water flows;
(b) the frequency of monitoring for each monitoring site.
(3) The programme for monitoring the quantitative characteristics of surface water is processed for the whole territory of the Czech Republic by sub-basins according to § 24 paragraphs 5 to 7 of the Water Act.
(4) The programme for monitoring the quantitative characteristics of surface water shall be updated no later than six years after its approval, each time on 31 October of the calendar year concerned.
Survey monitoring programmes
(1) The survey monitoring programmes are based on the Monitoring Framework Programme and provide:
(a) the reasons for introducing exploratory monitoring;
(b) the objectives of the survey monitoring and its links to other monitoring programmes;
(c) the definition of the monitoring points; and
(d) lists of monitored indicators in each matrix and their frequency for each monitoring site.
(2) The exploratory monitoring programmes are always processed in relation to surface water bodies or their groupings in accordance with Annex 9 (4) and (5) to this Decree.
Efficacy
This Decree shall take effect on the 30th day following its publication.
Minister of Environment:
Mgr. Chalupa v. r.
Minister for Agriculture:
Ing. Fuksa v. r.
Příloha č. 1
Annex No 1 to Decree No 98 / 2011 Coll.
Requirements for monitoring surface water bodies in protected areas
(1) Monitoring of surface water bodies in areas reserved for the collection of water for human consumption
All surface water sources shall be monitored as part of the monitoring of the area reserved for the collection of water for human consumption, where water is more than 10 m3 / day or supplies more than 50 inhabitants. Water monitoring is ensured under other legislation6). The surface water monitoring profiles of the operational monitoring shall be located in such a way as to monitor anthropogenic activity which may endanger drinking water sources and lead to non-compliance with the limits laid down by other legislation12). Monitoring of surface water bodies in these areas shall be carried out in accordance with Annex 9 to this Decree.
(2) Monitoring of surface water bodies intended as recreational and bathing water.
Where bathing areas or swimming pools in the wild do not comply in the long term with the limits laid down in the Decree laying down the hygiene requirements for swimming pools, saunas and hygiene limits in the sandfields of outdoor playing platforms (14), surface water monitoring profiles are included in the surface water monitoring programme in order to find the cause of non-compliance.
(3) Monitoring of surface water bodies in sensitive and vulnerable areas
All waters in the Czech Republic were defined as nutrient-sensitive. Operational monitoring shall be carried out where anthropogenic activity may jeopardise the achievement of the environmental objectives under Section 23a of the Water Act, which are determined by the limits specified in another legislation3).
Within the framework of the monitoring of vulnerable areas, surface water bodies in territories defined under another legislation15 are monitored.
(4) Monitoring of surface water bodies in areas defined for habitat conservation or species
As part of the monitoring of surface water bodies in areas defined for the protection of habitats or species, where maintaining or improving water status is an important factor in their protection, bird areas, European sites, national nature reserves, natural reserves, national natural monuments and natural monuments are monitored under the Nature Conservation and Lands5 Act. Monitoring shall be carried out where anthropogenic activity could lead to a threat to habitats or water-bound species which are protected. The selection of monitoring points shall take into account the assessment of the status of the water bodies to which the areas concerned belong and the assessment of anthropogenic effects.
(5) Monitoring of surface water bodies in areas to be permanently suitable for the life and reproduction of native fish species and other aquatic animals
The list of sites to become permanently suitable for the life and reproduction of native species of fish and other aquatic animals and the procedure for carrying out water monitoring in these locals17 provides for a different legislation). Compliance with the environmental objectives under Article 23a of the Water Act shall be assessed by comparison with the limits set out in another legislation3).
Příloha č. 2
Annex No 2 to Decree No 98 / 2011 Coll.
Determination of type-specific reference conditions for surface water bodies
(1) For the purpose of assessing the ecological status of waters, type-specific reference conditions are laid down for each type of surface water body, which specify for that type of surface water body a very good ecological status in accordance with Annexes 4, 5, 6 and 7 to this Decree. For heavily affected and artificial surface water bodies, the procedure for the determination of type-specific reference conditions shall be used mutatis mutandis for the purpose of determining the maximum ecological potential normally defined in Annex 7 to this Decree.
(2) Type-specific reference conditions are determined either directly within the territory or by modelling or derived using a combination of these methods. Where these methods cannot be used, expert opinions may be used to establish reference conditions. When defining a very good ecological status in relation to concentrations of specific pollutants, those values which can be achieved by means of available procedures at a time when type-specific reference conditions are established shall be considered as limits of detection.
(3) A reference network shall be operated for each type of surface water unit for type-specific biological reference conditions. This includes a sufficient number of places with a very good condition, taking into account the necessary level of reliability of the values for reference conditions at a given variability in the values of qualitative indicators, corresponding to a very good ecological status for a given type of surface water body and for modelling processes applied.
(4) The type-specific biological reference conditions determined by modelling are derived using either forecasting models or retrospective methods. The use of these methods shall use historical, paleontological and other available data and ensure a sufficient level of reliability of the values for reference conditions. This ensures that such derived conditions are consistent and valid for each type of surface water body.
(5) In cases where reliable type-specific reference conditions cannot be established for any indicator of the relevant type of surface water body due to a high degree of natural variability of that indicator but not only due to seasonal variability, this indicator may be excluded from the assessment of the ecological status of the relevant type of surface water body.
Příloha č. 3
Annex No. 3 to Decree No. 98 / 2011 Coll.
Quality indicators for the classification of the ecological status of surface water bodies and the ecological potential of strongly affected or artificial surface water bodies
(1) Surface water bodies in river category:
(a) biological indicators
1. composition and frequency of water flora (phytoplankton, phytopentos, macrophyta)
2. the composition and frequency of macrozoobentos
3. composition, frequency and age structure of fish fauna
(b) hydromorphologic indicators supporting biological indicators
1. hydrological regime (size and dynamics of water flow, connections to bodies of groundwater)
2. flow continuity
3. morphological conditions (variability in depth and width of trough, structure and bottom substrate, structure of coastal zone)
(c) chemical and physicalindicators supporting biological indicators
1. general indicators (transparency, temperature ratios, oxygen ratios, salinity, acid base, nutrients)
2. specific pollutants (relevant to the body of surface water and selected in accordance with Annex 8 to this Decree)
3. Pollution by other identified substances discharged into the body of surface water.
(2) Surface water services in the lake category:
(a) biological indicators
1. the composition, frequency and biomass of phytoplankton
2. composition and frequency of other aquatic flora (macrophytes and phytobentos)
3. the composition and frequency of macrozoobentos
4. composition, frequency and age structure of fish
(b) hydromorphologic indicators supporting biological indicators
1. hydrological mode (water flow size and dynamics, water surface size, retention time, connection to groundwater bodies)
2. morphological conditions (variability in depth of tank / lake / pond, size and structure of bottom substrate, bank structure)
(c) chemical and physicalindicators supporting biological indicators
1. general (water transparency, temperature ratios, oxygen ratios, salinity, acid-base state, nutrients)
2. specific pollutants (relevant to the body of surface water and selected in accordance with Annex 8 to this Decree)
3. contamination by other identified substances discharged into the water body
(3) Influenced and artificial surface water bodies
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Regulation Information
| Citation | Decree No. 98 / 2011 Coll., on how to evaluate the status of surface water bodies, how to evaluate the ecological potential of strongly affected and artificial surface water bodies and the requirements of surface water survey and evaluation programmes |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.2011 |
|---|---|
| Effective from | 15.05.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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