The Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015

Insertion of Schedule 2A

10.  After Schedule 2 (parameters, monitoring and sampling frequencies) of the 2006 Regulations insert—

Regulation 21(2A)

“SCHEDULE 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 monitoring for tritium is required by sub-paragraph (1), samples must be taken in accordance with regulation 23(1) (as read with regulation 22).

(3) If the concentration of tritium in any such sample exceeds the prescribed concentration or value for tritium, the monitoring local authority must carry out an investigation of the presence of other artificial radionuclides.

Total indicative dose

4.— (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 total indicative dose where—

(a) a source of artificial radioactivity or elevated natural radioactivity is present; and

(b) it cannot be shown on the basis of other representative monitoring programmes or other investigations that the level of total indicative dose is below the prescribed concentration or value for that parameter.

(2) Where sub-paragraph (1) requires monitoring (of radionuclide levels) only in relation to a source of artificial radioactivity, samples must be taken in accordance with regulation 23(1) (as read with regulation 22).

(3) Where sub-paragraph (1) requires monitoring (of radionuclide levels) in relation to a source of elevated natural radioactivity, the Scottish Ministers must specify, by notice in writing to the monitoring local authority, the frequency of the monitoring required of—

(a) gross alpha activity;

(b) gross beta activity; or

(c) individual natural radionuclides,

for screening strategies pursuant to regulation 21(2A)(b) and Schedule 5A.

(4) Where sub-paragraph (3) applies, the frequency specified may vary from a single check measurement to the frequency which would otherwise apply under regulation 23(1).

(5) Where a single check for natural radioactivity is specified under sub-paragraph (3), the monitoring local authority must carry out a further check if any change occurs in relation to the supply which is likely to influence the concentrations of radionuclides in the supply.

Water treatment

5.   Where a Type A supply (which serves premises located in the area of a monitoring local authority) is treated to reduce the level of radionuclides, the monitoring local authority must monitor the supply for total indicative dose, radon and tritium in accordance with regulation 23(1) (as read with regulation 22) to verify the continued efficacy of that treatment.

Averaging

6.   In circumstances where the prescribed concentration or value for total indicative dose, radon or, as the case may be, tritium is exceeded in a sample taken in relation to a Type A supply (which serves premises located in the area of a monitoring local authority), the Scottish Ministers must specify, by notice in writing to the monitoring local authority, the extent of resampling necessary to ensure that the measured values are representative of an average activity concentration for a full year.”.