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RULES AND REGULATIONS

European directives and national regulations
The first Italian regulations on water destined for recreational use date as far back as 1896. Those particular regulations forbade swimming within 200 metres from any sewage outlet. Subsequently, in 1971 the Ministry of Health defined a set of hygiene rules for waters destined for primary recreational use. They were however, limited to microbiological aspects and in particular, to the parameter of "faecal coliforms".
Current national regulations on bathing water derive from Community Directive nr. 76/160 dated 8th December 1975, which pursued two fundamental aims, safeguarding public health and protecting the environment. From the very first years of the application of Community regulations, the need to revise the directive soon became apparent. Numerous national and international seminars have advanced the proposal to eliminate some of the less significant parameters such as total coliforms and to introduce new ones, such as bacteriphages. The Council of the European Union set out a directive bill in April 1994, which aims to simplify the application of regulations, favouring parameters with high sanitary importance and eliminating unnecessary parameters. It was also designed to save Member States from useless expenditure. This proposal was updated in November 1997 and in 2000, a new protocol was experimented based on innovative principles but this has not yet become a formal directive.

DPR (Presidential Decree) nr. 470 dated 8th June 1982, which acknowledges, despite considerable delay, EEC directive 76/160, imposes particularly strict limits to the quality of bathing water. It does not however, foresee any environmental reclamation work.

In order to define whether or not water is fit for swimming, DPR 470/82 considers 12 parameters: Three are indicators of faecal pollution (total coliforms, faecal coliforms, faecal streptococci); Two, which are optional, are aimed at the search for specific pathogens (salmonella and enterovirus); A further four parameters are basically indicators of industrial pollution (pH, phenols, surface-active agents, mineral oils);
The remaining three parameters (dissolved oxygen, colour, transparency) provide indications that can be correlated to euthrophic processes and to the water's aesthetic problems but could also concern the hygienic-sanitary aspect, in the case of biotoxin-producing algal "bloom".

Chart 1 schematically summarizes EEC limits for water that is fit for bathing and compares them with those laid down by Italian regulations.

CHART 1 - LIMITS FOR BATHING WATER

PARAMETERSEEC REGULATIONSITALIAN REGULATIONS
DIRECTIVE 76/160
Guidance valuesMandatory valuesDPR 470/82Derogations*
Microbiological 
Total coliforms
in 100ml
50010.0002.000/
Faecal coliforms
in 100ml
1002.000100/
Escherichia coli
in 100ml
////
Faecal streptococci
in 100ml
100/100/
Salmonella
in 1 litre
/AbsentAbsent**/
Enterovirus
PFU in 10 litres
/AbsentAbsent***/
Physical-chemical 
pH/6-96-9/
Colour/No variationNo variationNot considered
Transparency
metres
2110,5
Mineral oils
mg/l
0,3Absence of filmAbsent(less than 0.5)/
Surface-active agents
mg/l
0,3Absence of foamAbsent(less than 0.5)/
Phenols
mg/l
0,005Absence of odourAbsent(less than 0.05)/
Dissolved oxygen
saturation %
80-120/70-12050-170
* Derogations to the values provided for by DPR 470/82, borne by article 9 of the same decree, have been granted by the Ministry of Health on the request of the region of Emilia Romagna.
** Checks for salmonella are carried out when, in the opinion of the relevant authorities, circumstances suggest that they may be present.
*** In addition to law nr. 271 dated 15th July 1988. Checks for enterovirus are carried out when, in the opinion of the relevant authorities, circumstances suggest that they may be present.

It is clear from the above chart that Italian provisions are much more restrictive in some cases compared to European Community indications, unlike other European states that have followed EEC directives more scrupulously. Italy's particularly strict approach compared to its European partners can be explained by the following peculiarities:

  • different climatic and hydrological conditions exist with greater speed of inactivation of microbiological pollutants;
  • bathing is practised very intensively and extensively in the country.
In compliance with Italian law, exceeding the limit in one or more parameters does not automatically lead to the judgement of unsuitability for swimming. In fact, this is subject to the analytic outcome of several successive samples.

TEMPORARY RESTRICTIONS AT THE BEGINNING OF THE SEASON
Initially, at the beginning of each new bathing season, an area is considered to be suitable for bathing if during the previous year's monitoring period (generally from 1st April to 30th September), the samples taken at least at fixed intervals (every fortnight) showed that the parameters of the water in question complied with requirements in at least 90% of cases (80% for faecal contamination indicators) or in cases of non-compliance, the values of the numeric parameters did not differ more than 50% from the limit (this limit does not apply to microbiological parameters, to pH and to dissolved oxygen). In the case that the parameters " faecal coliforms" and "total coliformi" exceed , respectively, the 10.000/100 mL and 2000/100 mL, the percentage of samples complying with requirements is increased to the 95% of cases.

RESTRICTIONS DURING THE SEASON
During the bathing season, some areas may be declared temporarily unsuitable if the limits established are exceeded in an initial sample (routine) and in more than one of the 5 samples taken subsequently, on different days in the same point (supplementary samples).
In practical terms, after an unsatisfactory result, 5 supplementary samples have to be taken in the same point. Only if 2 of these are also unfavourable should bathing be forbidden on the coastal area where the samples were taken (or in the stretch in which other samples, close to the "official" point, have made it possible to mark the boundaries of the polluted area).
As an alternative to the method described above, a different mechanism is provided for faecal indicators. Assessment is considered satisfactory if 60% of the previous months' samples (at least 5 previous samples) do not exceed the limits and if at least half of the unsatisfactory samples did not exceed double the limit established (article 7, DPR 470/82).
Restrictions may also become effective when obvious, mass pollution occurs.

PERMANENT RESTRICTIONS
Bathing is permanently forbidden in areas where bathing activities are excluded. These areas are chosen each year by the competent authorities.
They usually include areas situated at the mouth of superficial waterways and canal ports, areas devoted to navigation and military zones.

COMPETENCE
DPR 470/82 divides competence between the State, the regions and the municipalities.
The regions, for example, must decide where to locate monitoring sites and on the basis of analytic results of the previous bathing season, must define the areas that are suitable for swimming. Following recent decentralization (law nr. 59 dated 15/03/97 and law nr. 12715/5/97, and regional law nr. 3 dated 21/04/99) these competences have been transferred to the provinces.
The municipalities are responsible for:

  • issuing temporary bathing restrictions, by order of the Mayor;
  • Affixing signs that indicate that bathing restrictions exist and marking the boundary of permanent or temporary bathing restrictions;
  • marking the boundary of areas that are not suitable for bathing (permanent restrictions), by order of the Mayor;

SAMPLES
Attached to DPR 470/82 are technical regulations that define the minimum distance between monitoring sites (by law, they must not be more than 2 km apart in high density bathing areas), sample-taking methods and analytic methods.

    Samples must be taken:
  • at a depth of about 30 cm from the surface of the water;
  • at an appropriate distance from the shoreline to ensure that the water is 80 - 120 cm deep;
  • from 9.00 to 15.00;
  • at least two days after the last substantial rainfall or the last storm.
INTEGRATION TO DPR 470/82
An initial integration to DPR 470/82 was made by law 271/88 (transformation with amendments of DL 155/88 (Executive Order)) that, as well as including enterovirus amongst the parameters to check for, specified the methods for requesting derogations.
In its decree dated 29th January 1992, the Ministry of Health updated the technical regulations attached to DPR 470/82 and introduced integrations that amongst other things, substantially changed the location of monitoring sites:

"When bathing water receives intakes ... it is necessary, by law, to mark the boundary of the stretch of coast where swimming is forbidden. In this case, two monitoring sites must be placed at the boundary of the restricted area. Where it is ascertained that the above mentioned intakes do not determine conditions that make it necessary to restrict bathing, a monitoring site must be situated at the mouth of the intake..."

The same decree specifies that the choice of using the alternative mechanism for the formulation of judgement on suitability for bathing, regarding microbiological parameters (as foreseen by article 7 of DPR 470/82, described above), must be made before the start of the bathing season and must be applied for the entire monitoring period.

CHECKING SURFACE WATERS: Legislative Decree - Dlgs 152/99
New regulations on the protection of water from pollution, which were established in Legislative Decree nr. 152 dated 11th May 1999, in turn derived from two European Directives (91/271 and 91/676), abrogated numerous laws concerning water but did not intervene on bathing water. Decree 152/99 introduced the assessment of the environmental state of seawater (atrophy index) and foresaw a wide diffusion of information and the regular elaboration of reports by the Ministries of Health and the Environment and the National Agency for the Protection of the Environment.

Parameters for derogation: dissolved oxygen, colour, transparency

LEGISLATIVE STEPS
In 1985, given the need to safeguard the suitability for swimming of certain coastal areas affected by euthropic phenomena and availing itself of the rights provided for by EEC regulations, DL 164/85 was issued, which temporarily amended certain limits regarding the quality of bathing waters provided for by DPR 470/82.
The limit for dissolved oxygen was set between 70-120% and 50-170 % saturation whereas it was established that the "colour" parameter should not be taken into consideration, provided that the waters were subject to a programme of supervision that would check for the presence of algae with possible hygienic-sanitary implications. These derogations to DPR 470/82 were limited to a period of not more than 3 years and to regions that communicated to the Ministry of Health that they had set up a suitable supervision programme.

This regulation expired in 1988 and a new decree (nr. 155/88) was issued, which was subsequently converted with certain amendments, by law nr. 271/88. The latter repeated derogations for dissolved oxygen and colour but established that in order to apply them, a regional measure was necessary, dependent on the ascertainment of the fact that exceeding the limits provided for by DPR 470/82 was dependent exclusively on euthophication phenomena. This regulation was adopted pending a review of the assimilation regulation of EEC directive 76/160 and in any case, for a period of not more than 2 years (the Executive Order provided for 3 years but the conversion law reduced this to just 2).
Subsequently, executive order nr. 16 dated 5th February, converted with certain amendments by law nr. 71 dated 5th April, prolonged the expiry of derogations for another year again pending a review of the adoption of EEC directive nr. 76/160.
Subsequently, DL nr. 156 dated 17th May 1991 initially and then DL nr. 297 dated 13th September 1991, deferred the time limit by a further two years.
DL nr. 344 dated 21st July 1992 deferred the time limit further, until 31st October 1993. After that, DL nr. 109 dated 13th April 1993 (published in the Official Gazette on 15th April 1993), converted by law nr. 185 dated 12th June 1993, established that derogation could only be disposed for the parameter "dissolved oxygen" and for not more than three years from the date when the decree comes into force. Official Gazette nr. 148 dated 26th June 1996 therefore published the Executive Order, which has since been cancelled, on the extension of the expiry of the derogation to 31st December 1997. Other annual decrees have subsequently made it possible to extend the derogation until 2000.

With regards to the transparency of water, the region of Emilia Romagna requested a reduction in the minimum limit from 1 metre to 0.5. Taking into consideration the fact that the area is subject to particularly exceptional conditions (the flow of water from rivers and the nature of sediment), an annual derogation was granted under form of a decree by the Minster of Health, in accordance with article 9 of DPR 470/82.

TECHNICAL ASPECTS
In fact, dissolved oxygen is an extremely variable parameter that depends largely on the physical-chemical conditions of the water and on the presence of algal biomass. Nutrient salts and sea conditions permitting, highly concentrated phytoplanktonic populations develop in the water, thanks to chlorophyll photosynthesis and they produce enormous quantities of oxygen during the day. The oxygen produced by photosynthesis dissolves in seawater and then goes into the atmosphere following physical-chemical balances. Large quantities of dissolved oxygen in the water, far from being damaging, indicate the presence of vegetable organisms in active photosynthesis.
On the seabed, decomposition of particulate sedimented organic life and the respiration of mud-living organisms consume the dissolved oxygen. In the presence of water stratification and therefore, a difficult exchange between the layers closest to the seabed and the more oxygenated surface layers, hypoxia or complete anoxia of vast areas of the seabed are possible. The spatial distribution of these anoxic areas in relation to the previous distribution of the algal mass and the subsequent sedimentation of dead algae on the seabed depends largely on sea currents (various authors, annual reports). This situation could have serious repercussions on mud-living marine organisms that cannot rise towards the surface layers.

The upper limit provided for by DPR 470/82 for this parameter can be easily exceeded in the case of algal bloom, but the lower limit can be exceeded when, under particular meteorological marine conditions, anoxic water from the seabed is carried towards the shore (south-west winds on the western side of the Adriatic generate phenomena of "upwelling").
Different quantities of dissolved oxygen do not have any direct consequence on the health of bathers. However, the presence of dying or decaying marine organisms on the shoreline as well as increasing the risk of infection from opportunist germs, is certainly not an attractive sight for bathers.
Changes in water colour are not necessarily linked to factors that could have hygienic-sanitary implications. Change could be caused by particles of sediment moved by the motion of the waves (in particular in the northwest Adriatic where the seabed is low and sandy) or by stratification of fresh water, containing particles of clay, from the hinterland. In the latter case, water can become a yellowish-grey colour.

On the other hand, algal bloom in the high and middle Adriatic typically turns the water red, brown, or green depending on the chromatic conditions of the prevalent phytoplanktonic species present in the water.
Monitoring of the Adriatic has not yet shown signs (but it could happen) that algal species responsible for causing bloom produce biotoxins that are dangerous to bathers. Given the presence of a supervision programme on algae with possible hygienic-sanitary implications, it was therefore held to be more reasonable when determining the suitability of water for bathing, not to take into consideration the "colour" parameter when anomalous variations could be attributed exclusively to the presence of algal bloom (DL 155/88).
Some regions therefore asked and obtained derogations to the limits provided for by DPR 470/82 regarding dissolved oxygen and colour, in accordance with successive executive orders. One of the first regions was Emilia Romagna, which has for some time been monitoring algae thanks to the Daphne motorboat (which is now ARPA's Oceanographic Structure Daphne).

With regards to the transparency of water, it is obvious that this parameter, like colour, can be influenced by both natural physical and geographical factors. One of these could be marine sediment, which can cause cloudiness due to the motion of the waves and bathers themselves, and the proximity of river outlets that input mineral particles that remain suspended for a long time (clays). Variations in this parameter, in a similar way to those recorded for dissolved oxygen and colour, may not necessarily be dangerous to public health.

Decision of the Region of Emilia Romagna

It is possible to download regional law nr.1/2009

Scarica l'ordinanza regionale in formato PDFAcrobat PDF Format (113Kb) [download]
Scarica l'ordinanza regionale in formato ZIPAcrobat PDF Format - ZIP (49Kb) [download]

In accordance with DPR 470/82, the region of Emilia Romagna has approved the map of outlets of waterways and the monitoring sites for assessing the quality of bathing waters through Regional Council deliberation nr. 1313 dated 13th March 1984.
The region subsequently deliberated on the suitability of bathing in the coastal areas subject to control (DGR (Regional Council Deliberation) nr. 999/87), with the sole exclusion of the coastal stretch in the territory of the municipality of Goro.

Taking into consideration the results of research carried out, DGR nr. 1233 dated 20.3.90 declared that stretches of sea in front of the mouth of waterways or the outlets of canal parts were unsuitable for bathing.
In the same resolution, Mayors were given the mandate to determine the further broadening of the area where bathing was forbidden, either side of the stretch of sea considered unsuitable for bathing, in accordance with the analyses that had been carried out or that were to be carried out. In the same act, Mayors were also invited to suspend swimming in areas where there were storm sewers for 48 hours after violent storms, even without the results of analyses.

In 1991, the resolution (DGR nr. 595 dated 19th March 1991) repeated what had been said before without any important new suggestions.
On the other hand, resolution 1158 dated 31st March 1992, which followed up the updating of technical regulations dictated by the Ministry of Health in their decree dated 29th January 1992, considerably changed previous regulations:

  • · Areas where bathing is permanently forbidden for hygienic-sanitary reasons are:
    - the coastal stretch of the municipality of Goro;
    - the stretch of coast 50 metres to the north and south of outlets from surface waterways (for some rivers, restrictions cover a broader area).
    Bathing is also forbidden in stretches of sea near canal ports (because of the movement of boats and other craft) and military zones in the Ravenna area.
  • "Monitoring sites, which were previously situated 150-200 metres from the mouth of outlets into the sea, have now been fixed at 50 metres to the north and to the south of these outlets and at the beginning of stretches of sea where bathing is permanently forbidden. As canal ports are off-limits (only within the two wharfs) but not for hygienic-sanitary reasons and given that they are protected by long wharfs that ensure that waters are distributed far from the coast, they maintain the previous monitoring sites, which are usually 100 metres to the north and to the south of the wharfs, even if they let out surface waterways into the sea.
  • · Monitoring sites are added in front of storm sewers and other outlets that are only active occasionally (when there is heavy rainfall). The total number of monitoring sites along the coast of Emilia Romagna has thus increased from 77 previously to 96.

Since 1992, regional decisions adopted at the start of each new bathing season have not led to significant amendments. In the 1994 bathing season (DGR 6566/93), monitoring site nr. 64 (Matrice drainage pipe), north of the mouth of the River Marecchia in the Rimini area, was eliminated. This was because the drain had been disconnected and in any case, the monitoring site was superimposable to the next monitoring point, 50 metres north of the mouth. The number of monitoring sites thus fell to 95.

 

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