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

Insertion of Schedule 2A

18.  After Schedule 2 (monitoring) to the 2014 Regulations insert—

Regulation 6(6A)

“SCHEDULE 2A MONITORING OF RADIOACTIVE SUBSTANCES

General principles and monitoring frequencies

1.— (1) Subject to sub-paragraphs (2) and (3), Scottish Water must monitor the water it supplies, or intends to supply, for human consumption purposes for—

(a) indicative dose (item 14) in Table C;

(b) radon (item 14A) in Table C; and

(c) tritium (item 15) in Table C.

(2) Where the Scottish Ministers, by notice to Scottish Water, confirm that they have established that indicative dose, radon or, as the case may be, tritium (“the parameter”) is not likely to be present, for a period specified in the notice, in a supply of water for human consumption purposes in concentrations which could exceed the prescribed concentration or value for that parameter, Scottish Water 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 to Scottish Water, taking into consideration the risk to human health; and

(b) where the Scottish Ministers, by notice to Scottish Water, 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 indicative dose in a supply of water for human consumption purposes will, for a period specified in the notice, remain below the prescribed concentration or value for each parameter, Scottish Water 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, Scottish Water must ensure that representative surveys are undertaken to determine the scale and nature of likely exposures to radon in water it supplies, or intends to supply, for human consumption purposes originating from different types of ground water 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 Scottish Water 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, Scottish Water must monitor the water it supplies, or intends to supply, for human consumption purposes 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 9(1) and (4).

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

Indicative dose

4.— (1) Subject to paragraphs 5 and 6, Scottish Water must monitor the water it supplies, or intends to supply, for human consumption purposes for 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 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 9(1) and (4).

(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 to Scottish Water, 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 6(6A)(b) and Schedule 3A.

(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 9(1) and (4).

(5) Where a single check for natural radioactivity is specified under sub-paragraph (3), Scottish Water 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 Scottish Water supplies, or intends to supply, water for human consumption purposes which is treated to reduce the level of radionuclides, Scottish Water must monitor the supply for indicative dose, radon and tritium in accordance with regulation 9(1) and (4) to verify the continued efficacy of that treatment.

Averaging

6.   In circumstances where the prescribed concentration or value for indicative dose, radon or, as the case may be, tritium is exceeded in a sample taken in relation to a supply, or intended supply, of water by Scottish Water for human consumption purposes, the Scottish Ministers must specify, by notice to Scottish Water, the extent of resampling necessary to ensure that the measured values are representative of an average activity concentration for a full year.”.