• The following terms and expressions - wherever they appear in this Executive Regulations – shall have the meanings set forth below, except where it is therein expressly otherwise:

  • Law: Environmental Law.

  • Executive Regulations: The Executive Regulations for the Protection of Aqueous Media from Pollution

  • Executive Regulations: The Executive Regulations for the Environmental Law.

  • Ministry: Ministry of Environment, Water and Agriculture.

  • Minister: Minister of Environment, Water and Agriculture.

  • Center: National Center for Environmental Compliance.

  • Supervising Authority: Any governmental body that is legally authorized to supervise the activity, and that is mandated to issue licenses for the undertaking of activities, with an adverse impact on the aqueous media, under its jurisdiction.

  • Activity: Any industrial, commercial, or service-related facility, project, business, or other activities that are expected to have an adverse environmental impact.

  • Person: Any public or private natural or legal person.

  • Permit: A document issued by the Center to a person before undertaking any activity expected to have an adverse environmental impact.

  • License: A document issued by the Center authorizing a person to undertake an environmental activity.

  • Permittee: A person who is granted a permit permit in accordance with the provisions of this Executive Regulations.

  • Licensee: A person who is granted a license license in accordance with the provisions of this Executive Regulations.

  • Surface Water: Above-ground bodies of water that include lakes, wetlands, waterways, swamps, marshes, streams and dams, except seas and oceans.

  • Waterbodies: Accumulation of water on the earth’s surface or underground; including oceans, seas, lakes, ponds, wetlands, and other geographical components in which water is transported from one place to another.

  • Water Resources: Renewable and non-renewable surface and groundwater, which includes wells, sources, springs, dams, and rainwater.

  • Aqueous Media: Surface water, waterbodies, and water resources.

  • Environment/Environmental Domains: All that surrounds a person, animals, plants or any other living organism, such as water, air, land, soil, organisms, biodiversity, atmospheric gases, waterbodies and all the contents of these milieus such as inanimate objects, various forms of energy, habitats, and natural processes, and their interaction with each other.

  • Environmentally Sensitive Areas: Areas that have environmental significance and whose degradation has negative repercussions for the environment. They include protected areas, parks, forests, wetlands, significant bird habitat, mangroves, landscaped sites, watersheds, water catchment and run-off areas, beaches, waterways, aquifers or any other area(s) identified or declared as environmentally sensitive areas by the State, the Ministry or national environmental centers.

  • Sensitive Receptors: Receptors that are likely to be severely affected by an activity or project due to their geographical proximity or sensitive nature. They include environmental elements, living species, archeological, cultural and religious sites, and community groups (such as endangered species, hospitals, elder care centers, schools, residential complexes, and others).

  • Standards: Maximum allowable limits or percentages of pollutants or emissions that must not be exceeded to ensure the quality of environmental media.

  • Pollutants: The presence of one or more substances or agents in certain quantities or properties for a period of time, which causes degradation of the environmental media, either directly or indirectly.

  • Liquid Substances: Any liquid or oily material that causes pollution in the environmental media, including pollutants resulting from ballast water and dissolved antifouling paint particles.

  • Harmful Substances: Any solid, liquid, or gaseous substance that causes pollution or deterioration of waterbodies, either directly or indirectly.

  • Environmental Degradation: Severe damage to the environment caused by the depletion of natural resources, or the destruction of habitats, or the pollution of environmental media and the deterioration of their quality.

  • Cooling Water: Water from cooling towers and chillers.

  • Wastewater: Water which use has changed its color, taste, odor, or level of health or environmental security. This includes water used for health, industrial or agricultural purposes, including cooling water and water from desalination plants (brine).

  • Treated Wastewater: Wastewater emerging from a treatment plant or a treatment process, which was treated to reduce the adverse environmental impact in compliance with specific environmental standards and requirements.

  • Ambient Water: Coastal marine water, groundwater, and surface water such as lakes and waterways, excluding the distribution, drainage or collection networks for treated water and wastewater.

  • Ambient Water Quality: The properties of the ambient water, which are evaluated based on the standards and requirements set by the Ministry.

  • Water Injection: Injection of treated wastewater into aquifers.

  • Dewatering: Lowering groundwater to a safe level to allow excavation below natural groundwater level in dry and stable conditions, and drawing collected water from the surface layer of the soil in the event that this water appears as a result of digging and establishing development projects in coastal cities.

  • Receiving Water: Surface or marine waters into which treated wastewater effluents are discharged.

  • Mixing Zone: The area where the treated wastewater effluent is mixed with the receiving water.

  • Compensation: Monetary amount paid by the person who causes the damage, pollution or environmental degradation, to compensate for or eliminate the deterioration resulting from such damage, pollution or environmental degradation. The compensation includes rehabilitation expenses in the event that rehabilitation was not carried out by the person causing damage, pollution, or environmental degradation.

The provisions contained herein shall apply to all persons and activities related to aqueous media within the territory of the Kingdom of Saudi Arabia, including the territorial sea, the adjacent area, and the special economic zone of the Kingdom.

• The Center shall undertake the tasks related to the protection of aqueous media from pollution, including:

  • (1) Proposing standards, requirements and controls, pertaining to the protection of aqueous media from pollution, including injection of water into ground wells, and dewatering, and submitting them to the Ministry for approval.

  • (2) Developing and executing national plans to prevent and mitigate aqueous media pollution.

  • (3) Monitoring and evaluating environmental indicators pertaining to aqueous media on a regular basis.

  • (4) Developing and monitoring environmental indicators pertaining to aqueous media.

  • (5) Determining the procedures and measures that must be taken when a person is close to exceeding the standards related to aqueous media.

  • (6) Developing and reviewing national environmental reports pertaining to the aqueous media in the Kingdom.

  • (7) Issuing the controls and requirements pertaining to licenses or permits for businesses or environmental activities with potential adverse environmental impact on aqueous media.

  • (8) Issuing permits and licenses for the protection of aqueous media from pollution and collecting the financial dues pertaining thereto.

  • (9) Inspecting and apprehending violations of this Executive Regulations, imposing sanctions, and coordinating with the security authorities at the Ministry of Interior whenever necessary to apprehend violators in accordance with the provisions of the law and Executive Regulations.

  • (10) Coordinating with the relevant government stakeholders to ensure that aqueous media are protected from pollution, and that the Executive Regulations is implemented.

  • (11) Coordinating with the Ministry to apply all of the relevant international and regional conventions on the protection of aqueous media from pollution to which the Kingdom is a party.

  • (12) Proposing and carrying out various studies and research programs related to the protection of aqueous media from pollution.

  • (13) Organizing environmental awareness activities related to the protection of aqueous media from pollution, including courses, seminars, specialized work sessions, and media campaigns.

• First: Classification of Waterbodies

  • (1) Waterbodies shall be classified as shown in Table (1).

  • (2) The Center may suggest amendments to this classification and submit them to the Ministry for adoption when needed.

• Table (1) - Classification of Waterbodies

• Classification

  Subdivision	Definition
  Underground Water	-	Water stored underground in porous areas of soil or in cracks of geological formations
  Surface Water	-	Includes all forms of water on earth, including rivers, waterways, lakes, wetlands, swamps, marshes, valleys, and dams
  Coastal Water	Public	The coastal waters, including the territorial sea, the adjacent area, and the special economic zone of the Kingdom All coastal waters are classified as "public" unless they are "high-value" or "industrial"
  	High- Value	Coastal waters that have been declared protected areas locally or internationally by any competent authority (Including but not limited to: National Center for Wildlife Development and/or the Regional Organization for the Conservation of the Environment of the Red Sea and Gulf of Aden (PERSGA) and/or the Regional Organization for The Protection of The Aqueous Media (ROPME) in coordination with the relevant international organizations)
  	Industrial	Coastal waters located near areas classified as industrial zones or in unclassified areas with industrial activities

•  

• Second: Ambient Water Quality Standards and Requirements

  • (1) The Center shall monitor the ambient water environmental components and indicators listed in Appendix (1) of this Executive Regulations by developing and implementing the necessary programs and taking the necessary measures in the event of detection of any exceedances to the standards in accordance with section (Third) of this article.

  • (2) The Center shall set the controls and requirements for monitoring ambient water environmental components and indicators.

  • (3) Waterbodies, which properties are altered as a result of their natural composition, or due to natural incidents, are exempt from ambient water quality standards, in which case, the Center sets exceptional revised standards for these waterbodies.

• Third: Program for Monitoring and Surveilling the Components and Properties of Ambient Water in the Kingdom

  • (1) The Center shall develop and implement a monitoring and surveillance program for the components and properties of ambient water in the Kingdom, including the following at a minimum:

  • a. Environmental monitoring indicators.

  • b. Sampling locations and periods.

  • c. Sampling schedules.

  • d. Specifications and locations of stations, monitoring devices, and equipment used.

  • e. Requirements for verification and interpretation of results.

  • f. Staff responsibilities and necessary qualifications.

  • g. Requirements for documentation and management of records.

  • h. Quality assurance and quality checks for monitoring operations.

  • i. Reporting requirements.

• 2) When detecting exceedances of the ambient water quality standards, the Center shall carry out investigations and technical studies to determine the source of water pollution, and shall take the necessary measures, including the following:

  • a. If it is determined, during the investigation or the study conducted, that these violations are caused by the natural concentrations of components in the waterbodies or as a result of natural incidents, the Center may propose exceptional modified standards for these waterbodies and submit them to the Ministry for approval.

  • b. If it is determined, during the investigation or the study conducted, that these violations are caused by a specific source(s) in violation of the environmental law and its Executive Regulations, standards, environmental requirements and controls, the Center shall take the necessary legal measures to stop the violation(s) identified as the source of pollution and impose the appropriate penalty, including treatment, rehabilitation, and payment of compensations.

  • c. If it is determined, during the investigation, that these violations are caused by the contribution of multiple sources that operate within the limits of the requirements and conditions of their environmental permits and licenses, the Center shall take the appropriate measures – in coordination with the supervising authority(s) (licensor of the activity) – including the following:

    • - Develop and implement a monitoring program to identify all related sources.

    • - Develop an action plan with the participation of the relevant sources in order to reduce aqueous media pollution.

    • - Follow up on the implementation of the action plan.

• The following activities are prohibited:

  • (1) Discharging wastewater or any liquid substances - untreated - or draining it or injecting it into ground wells, or in any environmental media, or in any area of the rocky outcrops of the aquifers for any reason whatsoever.

  • (2) Dumping or discharging any of the pollutants resulting from ballast water, cargo residues, wastes, liquid substances, and dissolved antifouling paint particles.

  • (3) Dumping or discharging hazardous waste into the aqueous media.

  • (4) Any other activities that would pollute, damage, or adversely affect the aqueous media.

• First: Standards of Treated Wastewater before its Discharge into Environmental Media

  • (1) All persons must adhere to the standards listed in Appendices (2) and (3) of the Executive Regulation before discharging treated wastewater into soil, land, or waterbodies.

  • (2) The Center may set controls and requirements for the monitoring of environmental components and indicators for treated wastewater before discharging it into environmental media.

  • (3) The Center may grant a temporary exception from complying with the standards and specify the controls and requirements necessary for this in accordance with Article (8) of the Executive Regulation.

• Second: Standards Related to Wastewater Treatment Technologies

  • (1) All persons must adhere to the wastewater treatment technologies requirements set out in Appendix (4) of this Executive Regulations.

  • (2) The Center may suggest amendments to these requirements and submit them to the Ministry for approval.

• Third: Standards for Treated Sewage Effluent (TSE) Outfalls and Mixing Zones

  • (1) All persons must abide by the requirements for TSE outfalls that achieve the maximum dispersal of wastewater from cooling plants, salty sea water desalination plants, and wastewater treatment plants in accordance with the international best practices adopted by the Center, and any other relevant standards, controls, and requirements set by the Center.

  • (2) All persons must adhere to the calculations of the mixing zones set out in Appendix (5) of this Executive Regulations, and adhere to the standards, controls, and requirements for the design of the mixing zones set by the Center based on the properties of each site, taking into consideration the following:

    • a. Maintaining a safe distance from environmentally sensitive areas.

    • b. Maintaining a safe distance from wild animal breeding areas, fishing areas, and other sensitive areas such as coral reefs.

    • c. Avoiding disruption to the migration of marine organisms.

    • d. Precluding overlap between adjacent mixing zones.

    • e. Precluding discharge of any substances that are harmful to the mixing zones and its living and non-living components.

    • f. Precluding use of the mixing zones as a substitute for wastewater treatment facilities or for emergency responses.

• Fourth: Monitoring and Surveillance

  • (1) The following activities shall implement monitoring, measurements, and surveillance programs on the water that is directly discharged to the environmental media in accordance with the controls and requirements set by the Center, and provide the Center with data and information on a regular basis:

    • a. Wastewater treatment plants with a production capacity of more than (60) cubic meters per day.

    • b. Industrial wastewater treatment plants.

    • c. Industrial activities that have industrial wastewater treatment units.

    • d. Salty water desalination plants.

    • e. Any activities with an environmental permit to inject treated wastewater into ground wells.

  • (2) All activities that are not mentioned in Clause (1) of this section and that are granted a permit to discharge water into the environmental media, shall perform the necessary measurements and analysis in accordance with the controls and requirements set by the Center.

  • (3) All persons must seek the assistance of a service provider approved by the Center to develop and implement monitoring programs and make the necessary measurements and analysis for water before discharging it.

  • (4) All activities must inform the Center immediately after detecting any exceedances of standards that occur within the activity as a result of an emergency situation, accident, or the ordinary operations of the activity, and must stop the source of pollution and develop a plan to treat pollution in accordance with the Executive Regulation for the environmental rehabilitation of degraded sites and treatment of polluted sites.

  • (5) All persons must keep monitoring, surveillance, measurements, and analysis data for a period of no less than five (5) years and present them to the Center whenever requested. The Center may extend the period for some activities for additional five (5) years.

• (1) All activities that treat wastewater or discharge it to central treatment plants must be equipped with tanks to provide containment in emergency situations.

• (2) Tanks must possess a capacity equivalent to the volume of wastewater treated in the facility for thirty-six (36) hours and must be lined with an impermeable material such as high-density polyethylene (HDPE) to ensure that no leaks occur to the environment.

• (3) All activities that store wastewater in emergency situations must treat it before discharging it, in accordance with the standards listed in Appendices (2) and (3) of this Executive Regulations.

• First: General Controls

• (1) It is prohibited to practice any of the following activities unless a license or permit is obtained from the Center for this purpose:

  • a. Installation and operation of ambient water monitoring and surveillance networks

  • b. Temporarily exceeding treated wastewater standards

  • c. Discharge of treated wastewater into environmental media

• (2) The Center shall make its decision on license or permit applications within thirty (30) working days as of the date of meeting all application requirements, and the Center may, if needed, extend the period for an additional ten (10) working days.

• (3) The Center issues its decision regarding the permit or license application after the collection of corresponding dues.

• (4) The licensee or permittee shall abide by the requirements stated in the license or permit.

• Second: Licensing the Installation and Operation of Ambient Water Monitoring and Surveillance Networks

• (1) Any person requiring a license to install and operate networks to monitor and surveil ambient water must submit an application to the Center using the template issued by the Center, accompanied by a technical study exhibiting the following:

  • a. Boundaries of the region included in the monitoring and surveillance network.

  • b. Specifications and components of the region included in the monitoring and surveillance network (for example the number, types, and locations of the activities in case of an industrial area).

  • c. Specifications of stations, monitoring devices, and equipment used.

  • d. Maps clarifying the locations of monitoring stations and devices.

• (2) The licensee must install and operate monitoring and surveillance networks for ambient water through a service provider licensed by the Center.

• (3) The Center may request additional - pertinent - data and documents.

• (4) In the event that the license application is denied, the decision shall be justified.

• (5) In case the license application is approved, the Center shall issue the license, including the requirements for the installation and operation of ambient water monitoring and surveillance networks, and the validity period of the license, provided it does not exceed three (3) years.

• (6) The licensee must periodically provide the Center with data and digital reports on the results of the ambient water quality monitoring as determined by the license requirements, along with all documents for quality assurance of measurements and technical analysis.

• (7) The licensee must notify the Center of any detected exceedances and specify - if possible - the source of these violations.

• (8) The licensee must not publish any data or information on the quality of ambient water without the written consent of the Center.

• Third: Permits for Temporarily Exceeding the Standards

• (1) Any person requiring a permit to temporary exceed the standards listed in Appendices (2) and (3) of this Executive Regulations must submit an application to the Center using the template issued by the Center, accompanied by a technical study ascertaining that those exceedances will cause no severe and permanent harm to the environment, and exhibiting the following:

  • a. Assessment of water components and properties at the discharge site and mixing zones.

  • b. Assessment of the locations of environmentally sensitive areas and receptors that could be harmed by the discharge of treated wastewater.

  • c. Concrete technical evidence that complying with the standards stipulated in the Executive Regulations is not practically feasible, and identifying indicators, the quantity and duration of the exceedances, and the environmental impacts of these exceedances.

  • d. Cost-benefit analysis showing that the required treatment procedures are ineffective during the implementation period.

  • e. Proposed action plan to comply with the standards stipulated in the Executive Regulations, including the time period and cost for its implementation.

• (2) In case the permit request is rejected, the rejection shall be justified and the applicant must comply with the standards specified in this Executive Regulations.

• (3) In case the permit application is approved, the Center shall issue the permit, including the controls and requirements of discharge and the permissible percentages of excess for each parameter or modified parameters, and its validity period, provided that it does not exceed six (6) months. The Center may - if necessary - extend the validity of the permit for another four (4) months, provided that the extension period will cause no severe harm to the receiving environmental domain.

• (4) The permittee must submit periodic reports to the Center on the progress made in implementing the proposed action plan to comply with the standards of treated wastewater, as determined by the permit’s controls and requirements.

• Fourth: Permits for the Discharge of Treated Wastewater into Environmental Media

• (1) Any person requiring a permit to discharge water into the environmental media, including ground wells, must submit an application to the Center, accompanied by the documents specified by the Center, and a technical study demonstrating the following:

  • a. An explanation of the need to discharge water into environmental media.

  • b. Quantities, source, and properties of the water to be discharged.

  • c. A map showing the location of the discharge site and the details of the surrounding area, including the waterbodies.

  • d. An assessment of the environmental properties of the discharge site.

  • e. An assessment of the locations of environmentally sensitive areas and sensitive receptors that could be affected by the discharge of treated wastewater.

  • f. An Environmental impact of the discharge of water into the environmental media.

  • g. A compliance mechanism for all Center-issued controls on water discharge into environmental media.

• (2) In case the permit application is rejected, the rejection shall be justified.

• (3) In case the permit application is approved, the Center shall issue the permit, including the controls, requirements, and standards of discharge and the permit’s validity period, provided that it does not exceed six (6) months. The Center may - if necessary - extend the permit’s validity period for another six (4) months, provided that the extension period does not result in severe harm to the receiving environmental domain.

Violations of the provisions of the Regulation are to be controlled, and the penalties specified in Table (2) are to be imposed in accordance with the Executive Regulation for Controlling Violations and Imposing Penalties under the Environmental Law, taking into account the following:

• 1- The value of the fine for serious violations is estimated based on the degree of damage, the natural significance of the affected site, its area, the type of affected resources, and the economic and social impacts resulting from that damage.

• 2- The estimation of the fine for the serious violations mentioned in (1) of this article shall be carried out by a committee formed of specialists and qualified individuals by a decision of the Chief Executive Officer of the center.

• 3- A violation is considered serious if any of the following conditions are met:

  • A- The actions stated in Article Thirty-Five of the Law.

  • B- Actions that lead to significant deterioration.

  • C- Actions that cause harm to sensitive resources or environmentally sensitive areas.

  • Table (2) Violations and Penalties.

Appendix (1): Ambient Water Quality Standards