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ENVIRONMENTAL QUALITY DIRECTORATE

November 2007

ISBN 978 0 7559 1611 5 (Web only publication)

This document is also available in pdf format (323k)

Contents

1. Introduction
1.1 What this consultation is about?
1.2 Responding to this consultation
1.3 Summary of consultation questions

2. Background
2.1 What is a bathing water?
2.2 Why do they need to be protected?
2.3 What causes pollution?
2.4 Current and revised Bathing Water Directive
2.5 How the revised Directive fits into the Water Framework Directive

3. Policy proposals for implementing the Directive
3.1 Overview of our proposals for implementing the Directive
3.2 The regulatory approach - commentary on draft Regulations:
Regulation 1 - Citation, commencement and extent
Regulation 2 - Interpretation
Regulation 3 - Designation of bathing waters and determination of the bathing season
Regulation 4 - General duties (of SEPA and the relevant authorities)
Regulation 5 - Public participation
Regulation 6 - Bathing water profiles
Regulation 7 - Monitoring
Regulation 8 - Public information
Regulation 9 - Bathing water assessment
Regulation 10 - Bathing water classification (including standards and discounting)
Regulation 11 - Management measures for 'poor' bathing waters
Regulation 12 - Management measures for bathing waters subject to short-term pollution
Regulation 13 - Management measures at bathing waters in exceptional circumstances
Regulation 14 - Management measures at bathing waters affected by cyanobacterial proliferation
Regulation 15 - Management measures at bathing waters affected by macro-algae and marine phytoplankton
Regulation 16 - Management measures at bathing waters affected by pollution (such as tarry residues, glass, plastic, rubber or any other waste) (including proposals for community involvement scheme)
Regulation 17 - Relevant local authority duties
Regulation 18 - Duty to notify interested parties
Regulation 19 - Consultation and notification requirements
Regulation 20 - Appeals
Regulation 21 - Powers of entry - enforcement (for local authorities)
Regulation 22 - Recovery of expenses by the relevant local authority
Regulation 23 - Where the relevant local authority is the bathing water operator
Regulation 24 - Rights of navigation and recreation etc.
Regulation 25 - Revocation
3.3 Summary of the roles and obligations under the Regulations

4. Meeting the water quality challenges - compliance through other means
4.1 Identifying risks to compliance
4.2 Controlling point source pollution
4.3 Controlling diffuse pollution

5. Conclusion

Annex A - Draft Bathing Water (Scotland) Regulations 2008
Annex B - Partial Regulatory Impact Assessment
Annex C - Community beach/bathing water support proposal
Annex D - List of consultees
Annex E - Respondee Information Form

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