The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015
2015No. 346
WATER SUPPLY
The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015
29thSeptember2015
1stOctober2015
28thNovember2015
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 76B, 76F(5) to (8), 76J and 101(1) and (1A) of the Water (Scotland) Act 1980( 1) and section 2(2) of the European Communities Act 1972( 2) and all other powers enabling them to do so.
There has been a consultation as required by Article 9 of Regulation (EC) No 178/2002of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety( 3).
PART 1
General
Citation, commencement and extent
1.-(1) These Regulations may be cited as the Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015 and come into force on 28th November 2015.
(2) These Regulations extend to Scotland only.
Interpretation
2. In these Regulations-
"the 2006 Regulations" means the Private Water Supplies (Scotland) Regulations 2006( 4); and
"the 2014 Regulations" means the Public Water Supplies (Scotland) Regulations 2014( 5).
PART 2
Amendment of Private Water Supplies (Scotland) Regulations 2006
Amendment of regulation 2
3. In regulation 2(1) (interpretation) of the 2006 Regulations, after the definition of "state" insert-
""total indicative dose" means the committed effective dose for one year of ingestion resulting from all radionuclides whose presence has been detected in a supply of water intended for human consumption purposes, of natural and artificial origin, but excluding tritium, potassium-40, radon and short-lived radon decay products;".
Insertion of regulation 5B
4. After regulation 5A (duty of relevant person in relation to disinfection)( 6) of the 2006 Regulations insert-
"Application and introduction of substances and products
5B. Where a relevant person, in the preparation or distribution of a private water supply for human consumption purposes, applies any substance or product to, or introduces any substance or product into, the water which is to be supplied for those purposes, the person must take all measures necessary to ensure that, in doing so, the water supplied does not, at its point of use, contain the substance or product, or any impurity associated with the substance or product, at a concentration or value which would make the water unwholesome.".
Amendment of regulation 21
5. In regulation 21 (monitoring duties and powers) of the 2006 Regulations-
(a) in paragraph (1), after "Subject to" insert "paragraph (2A) and";(b) in paragraph (2), after "paragraph" insert "(2A) or"; and(c) after paragraph (2) insert-"(2A) The monitoring local authority must ensure that for Type A supplies (which serve premises located in the area of the authority)-(a) audit monitoring for-(i) radon (item 6C) in Table C of Schedule 1;(ii) total indicative dose (item 8) in that table; and(iii) tritium (item 10) in that table,is carried out in accordance with Schedule 2A and that the measured values obtained are representative of the quality of the water consumed throughout the year; and
(b) for total indicative dose (item 8) in Table C of Schedule 1-(i) the method used for monitoring compliance (including screening);(ii) the method used for calculating the total indicative dose; and(iii) the method of analysis used (including its performance characteristics),are each in accordance with the relevant requirements of Schedule 5A.".
Amendment of regulation 22
6. In regulation 22 (monitoring: general provision) of the 2006 Regulations-
(a) in paragraph (1), after "Samples" insert "required";(b) in paragraph (2), for "Samples" substitute "Subject to regulation 21(2A), samples"; and(c) in paragraph (4), after "Schedule 5" insert "(where applicable),".Amendment of regulation 24
7.-(1) In regulation 24(2) (monitoring: total indicative dose and tritium) of the 2006 Regulations, before sub-paragraph (a) insert-
"(za) not be likely to contain radon in concentrations which could exceed the concentration specified for radon (item 6C) in column (3) of Table C of Schedule 1;".(2) In the cross heading for regulation 24 (monitoring: total indicative dose and tritium), after "Monitoring:" insert "radon,".
Amendment of Schedule 1
8. In Schedule 1 (prescribed concentrations and values) to the 2006 Regulations-
(a) in Part II (national requirements) of Table B (chemical parameters), omit the entries for-(i) item 3 (hydrogen ion);(ii) item 6 (odour); and(iii) item 9 (taste);(b) in Table C (indicator parameters)-(i) in the heading for column (3), after "maximum" insert "unless otherwise stated";(ii) after the entry for item 5 (colony count) insert-"5A. |
Colour |
Acceptable to consumers and no abnormal change" |
;
(iii) after the entry for item 6 (conductivity) insert-"6A. |
Hydrogen ion |
9.5 6.5 (minimum) |
pH value |
6B. |
Odour |
Acceptable to consumers and no abnormal change |
|
6C. |
(ii)Radon (for radioactivity) |
100 |
Bq/l" |
;
(iv) after the entry for item 7 (sulphate) insert-"7A. |
Taste |
Acceptable to consumers and no abnormal change" |
;
(v) after the entry for item 10 (tritium) insert-"10A. |
Turbidity |
Acceptable to consumers and no abnormal change" |
;
(vi) in the entry for item 8 (total indicative dose), omit "(ii)" and "/year"; and(vii) in the entry for item 10 (tritium), after "(for radioactivity)" insert "(iii)"; and (c) in the notes to Table C, for note(ii) substitute- "(ii) Remedial action is to be deemed justified on radiological protection grounds, without further consideration, where radon concentrations exceed 1,000 Bq/l.(iii) If the concentration of tritium exceeds this value, an analysis of the presence of other artificial radionuclides must be also carried out by Scottish Water.".Amendment of Schedule 2
9. In Schedule 2 (parameters, monitoring and sampling frequencies) of the 2006 Regulations, in Table B (audit monitoring: Type A supplies), after the row relating to item 28 (polycyclic aromatic hydrocarbons) insert-
"28A. |
Radon |
1 |
1 |
Y" |
Insertion of Schedule 2A
10. After Schedule 2 (parameters, monitoring and sampling frequencies) of the 2006 Regulations insert-
"SCHEDULE 2A
Regulation 21(2A)
MONITORING OF RADIOACTIVE SUBSTANCES
General principles and monitoring frequencies
1.
-(1) Subject to sub-paragraphs (2) and (3), the monitoring local authority must monitor Type A supplies, which serve premises located in the area of the authority, for-(a) radon (item 6C) in Table C of Schedule 1;(b) total indicative dose (item 8) in that table; and(c) tritium (item 10) in that table.(2) Where the Scottish Ministers, by notice in writing to the monitoring local authority, confirm that they have established that radon, total indicative dose or, as the case may be, tritium ("the parameter") is not likely to be present, for a period specified in the notice, in a Type A supply (which serves premises located in the area of the authority) in concentrations which could exceed the prescribed concentration or value for that parameter, the monitoring local authority is not required to monitor the supply for the parameter during the period specified in the notice.(3) In case of naturally occurring radionuclides-(a) where previous results show that the concentration of radionuclides in the supply is stable, the minimum sampling and analysis frequencies are to be decided by the Scottish Ministers, and confirmed by notice in writing to the monitoring local authority, taking into consideration the risk to human health; and(b) where the Scottish Ministers, by notice in writing to the monitoring local authority, confirm that they are satisfied (on the basis of representative surveys, monitoring data or other reliable information) that levels of radon, tritium and the calculated total indicative dose in a Type A supply (which serves premises located in the area of the monitoring local authority) will, for a period specified in the notice, remain below the prescribed concentration or value for each parameter, the monitoring local authority is not required to monitor the supply for these parameters during the period specified in the notice.(4) Where sub-paragraph (3)(b) applies, the Scottish Ministers must communicate the grounds for the decision to the European Commission and provide the Commission with the necessary documentation supporting that decision, including the findings of any surveys, monitoring or investigations carried out.Radon
2.
-(1) Subject to paragraphs 5 and 6, the monitoring local authority must ensure that representative surveys are undertaken to determine the scale and nature of likely exposures to radon in Type A supplies (which serve premises located in the area of the authority) originating from different types of groundwater sources and wells in different geological areas.(2) The surveys must be designed in such a way that underlying factors, and especially the geology and hydrology of the area, radioactivity of rock or soil, and well type, can be identified and used to direct further action to areas of likely high exposure.(3) Monitoring of radon concentrations must be carried out if the monitoring local authority has reason to believe, on the basis of the results of the representative surveys or other reliable information, that the prescribed concentration or value for radon might be exceeded.Tritium
3.
-(1) Subject to paragraphs 5 and 6, the monitoring local authority must monitor Type A supplies (which serve premises located in the area of the authority) for tritium where-(a) an anthropogenic source of tritium or other artificial radionuclides is present within the catchment area for the supply; and(b) it cannot be shown on the basis of other surveillance programmes or investigations that the level of tritium is below the prescribed concentration or value for tritium.(2) Where...To continue reading
Request your trial