The Bathing Waters (Classification) (Scotland) Regulations 1991

Regulation 2(3)

SCHEDULE 1 CRITERIA FOR CLASSIFICATION BW1

1.  Subject to the following provisions of this Schedule, the criteria for the classification BW1 are that–

(a) at least 95 per cent of samples of the waters taken and tested in accordance with Schedule 2 must conform to the parametric values specified in Schedule 3;

(b) no sample of the waters taken in accordance with Schedule 2 which, when tested for compliance with the phenols parameter by the absorption method or with the transparency parameter fails to comply, shall have a value which deviates from the relevant parametric value for that parameter specified in Schedule 3 by more than 50 per cent; and

(c) consecutive samples of the waters taken in accordance with Schedule 2 at statistically suitable intervals shall not when tested deviate from the relevant parametric values specified in Schedule 3.

2.  For the purposes of paragraph 1 above samples shall be disregarded if they deviate from the parametric values specified in Schedule 3 as a result of abnormal weather conditions, floods or other natural disasters.

3.—(1) Subject to sub-paragraph (2) below, where in the case of particular waters to which the classification BW1 applies–

(a) any requirement relating to the parameter for pH, colour or transparency cannot be complied with as a result of exceptional weather or geographical conditions; or

(b) any requirement relating to any parameter cannot be complied with as a result of the waters having undergone a process of natural enrichment from the soil without human intervention,

the Secretary of State may by notice served on the river purification authority whose area includes those waters modify or disapply that requirement in relation to those waters.

(2) The Secretary of State shall not exercise his powers under this paragraph so as to permit a public health risk.

Regulation 2(3)

SCHEDULE 2 SAMPLING REQUIREMENTS

1.  Samples must be taken in accordance with the requirements of Schedule 3 in any year throughout the period beginning on 1st May and ending on 30th September.

2.  Additional samples must be taken during that period if there are grounds to suspect that the quality of the waters is deteriorating for any reason or is likely to deteriorate as a result of any discharge.

3.  All samples must be taken at the same point at the place in the particular waters where the daily average density of bathers is at its highest, and preferably 30 centimetres below the surface, except in the case of samples for testing for mineral oils, which must be taken at surface level.

4.  The methods of analysis and inspection specified in Schedule 3, or methods which are at least as reliable, must be used for determining whether the parametric values specified in that Schedule are met.

Regulation 2(3)

SCHEDULE 3 QUALITY AND ADDITIONAL SAMPLING REQUIREMENTS

Parameter	Parametric value	Minimum sampling frequency	Methods of analysis and inspection
Notes 1. Samples may be taken at intervals of four weeks where samples taken in previous years show that the waters are of an appreciably higher standard than that required for classification BW1 and the quality of the waters has not subsequently deteriorated and is unlikely to do so. 2. Samples must be taken in relation to this parameter when there are grounds for suspecting that there has been a deterioration in the quality of the waters or the substance is likely to be present in the waters.
Micro-biological: Total Coliforms Faecal coliforms Faecal coliforms	10,000/100ml 2,000/100ml 2,000/100ml	Fortnightly (see Note 1) Fortnightly (see Note 1) Fortnightly (see Note 1)	Fermentation in multiple tubes. Sub-culturing of the positive tubes on a confirmation medium. Either counting according to MPN (most probable number) or membrane filtration, culturing on an appropriate medium, sub-culturing and identification of the suspect colonies. The incubation temperature is variable according to whether total or faecal coliforms are being investigated
Salmonella	Absent in 1 litre	(see Note 2)	Membrane filtration, culturing on an appropriate medium, sub-culturing and identification of the suspect colonies.
Entero viruses	No plaque forming units in 10 litres	(see Note 2)	Concentration (by filtration, flocculation or centrifuging) and confirmation.
Physico-chemical: pH	6 to 9	(see Note 2)	Electrometry with calibration at pH 7 and 9.
Colour	No abnormal change in colour	Fortnightly (see Note 1)	Visual inspection or photometry with standards on the platinum cobalt scale.
Mineral oils	No film visible on the surface of the water and no odour	Fortnightly (see Note 1)	Visual and olfactory inspection.
Surface-active substances reacting with methylene blue	No lasting foam	Fortnightly (see Note 1)	Visual inspection.
Phenols (phenol indices)	No specific odour	Fortnightly (see Note 1)	Olfactory inspection.
	≤0.5 mg/litre (C6H5OH)	(see Note 2)	Absorption spectrophotometry 4-aminoantipyrine (4 AAP) method.
Transparency	1 metre	Fortnightly (see Note 1)	Secchi’s disc.