The Private Water Supplies (Scotland) Regulations 2006

Made: 19th April 2006

Laid before the Scottish Parliament: 20th April 2006

Coming into force: 3rd July 2006

The Scottish Ministers, in exercise of the powers conferred by sections 76F(5) to (8), 76J, 101(1) and (1A) and 109(1) of the Water (Scotland) Act 1980 and section 2(2) of the European Communities Act 1972 , and of all other powers enabling them in that behalf, hereby make the following Regulations:

PART I — GENERAL

Citation and commencement

1

These Regulations may be cited as the Private Water Supplies (Scotland) Regulations 2006 and shall come into force on 3rd July 2006.

Interpretation

2

• (1) In these Regulations—

• “the 1980 Act” means the Water (Scotland) Act 1980;

• “the 1992 Regulations” means the Private Water Supplies (Scotland) Regulations 1992 ;

• “the 2002 Act” means the Water Industry (Scotland) Act 2002 ;

• “appropriate local authority” in relation to an authorisation of a temporary departure under Part V or an application for any such authorisation, means the local authority whose area contains the source of the private water supply to which the authorisation relates or, in the case of such an application, would apply if a departure were authorised in the terms sought;

• “consumer” means a person to whom a private water supply is provided for human consumption purposes;

• “disinfection” means a process which removes or renders inactive pathogenic micro–organisms so as to satisfy the requirements of Part IV in respect of micro–organisms (other than parameters), parasites and the parameters listed in Schedule 1 to these Regulations; and “disinfected” shall be construed accordingly;

• “distribution network” means the system (including pipes, fittings and tanks) used to convey a private water supply from its source or point of collection to its point of connection with a domestic distribution system;

• “domestic distribution system” means the pipework, fittings and appliances which are installed between the taps that are normally used for human consumption purposes and the distribution network, which is the responsibility of a responsible person;

• “health board” means a Health Board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 ;

• “human consumption purposes” in relation to a private water supply, means a supply—for such domestic purposes as consist in or include cooking, drinking, food preparation or washing (including the maintenance of personal hygiene); orfor any of these domestic purposes to premises in which food is produced;

• “indicator parameter” means a parameter listed in Table C of Schedule 1;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ; and “area”, in relation to a local authority, means the local government area (within the meaning of that Act) for which the council is constituted;

• “monitoring local authority” means the local authority in whose area any premises served by a private water supply are located;

• “parameter” means a property, element, organism or substance listed in the second column of the Tables in Schedule 1 as read, where appropriate, with the notes to that Schedule and those Tables;

• “pesticides and related products” means—any organic insecticide;any organic herbicide;any organic fungicide;any organic nematocide;any organic acaricide;any organic algicide;any organic rodenticide;any organic slimicide; andany product related to any of (a) to (h) (including any growth regulator),and includes their relevant metabolites, degradation and reaction products;

• “prescribed concentration or value”, in relation to any parameter, means the maximum or minimum concentration or value specified in relation to that parameter in the Tables in Schedule 1 as measured by reference to the unit of measurement so specified, and as read, where appropriate, with the notes to those Tables;

• “private water supply” means a supply of water (including an abstraction of water from a source situated on the premises in which it is used or consumed) other than a supply provided by Scottish Water in pursuance of its core functions (within the meaning of section 70(2) of the 2002 Act);

• “relevant person” has the meaning assigned by regulation 4;

• “responsible person”, in relation to a domestic distribution system, means the person who owns or is otherwise responsible for that system;

• “Scottish Water” means the body corporate established by section 20(1) of the 2002 Act;

• “specification”, in relation to a parameter, means the concentration, value or state, shown as applicable to that parameter in the Tables in Schedule 1 as measured by reference to the unit of measurement so specified;

• “state” in relation to an indicator parameter, means the state specified in relation to that parameter in Table C of Schedule 1 as measured by reference to the unit of measurement so specified;

• “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;

• “Type A supply” means a private water supply for human consumption purposes which—on average, provides 10 or more cubic metres of water per day or serves 50 or more persons, orregardless of the volume of water provided or the number of persons served, is supplied or used as part of a commercial or public activity,and references in this definitionto the average volume of water provided by such a supply, are references to such volume (calculated as a daily average) as may be reasonably estimated to have been distributed or, if not distributed, used or consumed from the supply during the year prior to the year in which these Regulations come into force; and that estimate may be on the assumption that five persons use one cubic metre of water per day; andto the average number of persons served by such a supply, are references to such number of persons as may be reasonably estimated to be the maximum number served by the supply on any one day during the year prior to the year in which these Regulations come into force;

• “Type B supply” means a private water supply for human consumption purposes, other than a Type A supply; and

• “year” means a calendar year.

• (2) Other expressions used both in these Regulations and in Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption have the same meaning in these Regulations as they have in that Directive.

• (3) Any reference in these Regulations to

• (a) a level, followed by a number, is a reference to a level of Type A supply determined in accordance with Part III;

• (b) a numbered regulation shall be treated as the regulation bearing that number in these Regulations;

• (c) a numbered paragraph shall be treated as the paragraph bearing that number in the regulation in which it appears; and

• (d) a Schedule shall be treated as a reference to a Schedule to these Regulations.

• (4) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000 which has been recorded in written form and is capable of being reproduced in that form.

Application of Regulations

3

• (1) These Regulations, apart from regulations 34(2) and 35, do not apply to a private water supply which is used—

• (a) solely for washing a crop after it has been harvested; or

• (b) during the distillation of spirits–

• (i) solely in the mashing process;

• (ii) solely for washing plant; or

• (iii) for both the purposes described in sub–paragraphs (i) and (ii) above but for no other purpose,

and which does not affect, either directly or indirectly, the fitness for human consumption of any food or drink or, as the case may be, spirits in their finished form.

• (2) These Regulations, apart from regulations 34(2) and 35, do not apply to a private water supply which is—

• (a) a natural mineral water within the meaning of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 ; and

• (b) a medicinal product within the meaning of the Medicines Act 1968 or a product in respect of which any provision of that Act has effect as if it were such a medicinal product.

• (3) These regulations do not apply to a Type A supply.

PART II — RELEVANT PERSONS

Determination and notification of relevant person

4

• (1) A local authority shall, in relation to each private water supply to any premises within its area, determine, for their respective interests, those persons who—

• (a) provide the supply;

• (b) occupy the land from, or on which, the supply is obtained or located; or

• (c) exercise powers of management or control in relation to the supply,

and a person so determined shall, in these Regulations, be referred to as a “relevant person”.

• (2) As soon as reasonably practicable after making a determination under paragraph (1), the local authority shall notify each relevant person in writing of its determination and the reasons for it.

Appeal against determination of relevant person

5

• (1) A person aggrieved by a decision of a local authority to determine that person to be a relevant person may appeal to the sheriff against that determination, and the decision of the sheriff in that matter shall be final.

• (2) An appeal to the sheriff under paragraph (1) shall be by way of summary application.

• (3) The period within which an appeal under paragraph (1) may be brought shall be 21 days from the date on which notification of the local authority's determination was served on the person desiring to appeal.

• (4) Where a person has been determined to be a relevant person under regulation 4(1), that determination shall not have effect until the period within which an appeal may be brought has expired or until an appeal which has been brought has been disposed of or is withdrawn.

PART III — CLASSIFICATION OF PRIVATE WATER SUPPLIES

Classification and level of supplies

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IV — WHOLESOMENESS

Wholesomeness: Private Water Supplies

7

• (1) Water supplied to any premises from a private water supply for human consumption purposes shall be regarded as wholesome for the purposes of Part VIA of the 1980 Act, as it applies to the supply of water for those purposes, if—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in respect of a Type B supply, the requirements of paragraph (3) are satisfied.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The requirements of this paragraph are—

• (a) that the water does not contain–

• (i) any micro-organism (other than a parameter) or parasite; or

• (ii) any substance (other than a parameter),

at a concentration or value which would constitute a potential danger to human health;

• (b) that the water does not contain any substance (whether or not a parameter) at a concentration or value which, in conjunction with any other substance it contains (whether or not a parameter), would constitute a potential danger to human health; and

• (c) that the water does not contain concentrations or values of the parameters listed in the second column of Table D in Schedule 1 in excess of or, as the case may be, less than the prescribed concentration or values.

• (4) The point at which the requirements of paragraph (3) are to be complied with is—

• (a) in the case of water supplied from a tanker or an intermittent short term supply, the point at which the water emerges from the tanker or the supply;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in the case of water supplied from a distribution network, at the point, within premises or an establishment, at which it emerges from the tap or taps that are normally used for human consumption purposes; and

• (d) in any other case, the point which, in the reasonable opinion of the monitoring local authority, is representative of the quality of water consumed or available for consumption throughout the year and which would otherwise be available at any of the points of compliance referred to at sub-paragraphs (a) to (c).

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART V — TYPE A SUPPLIES: TEMPORARY DEPARTURE FROM REQUIREMENTS OF PART IV

Application for authorisation of temporary departure in respect of a Type A supply that is not wholesome

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of temporary departure: terms and conditions

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of a second temporary departure

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of a third temporary departure

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of temporary departure: other limitations

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisation of temporary departure: publicity

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Refusal of temporary departure: notification and publicity

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation and modification of temporary departure

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VI — TYPE A SUPPLIES: RISK ASSESSMENTS, INVESTIGATIONS AND REMEDIAL ACTION

Type A Supplies: Risk Assessments

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigations: Schedule 1 microbiological and chemical parameters

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigations: Schedule 1 indicator parameters

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VII — TYPE A SUPPLIES: MONITORING

Check monitoring – interpretation

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Audit monitoring - interpretation

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring duties and powers

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring: general provision

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Numbers of samples: Type A supplies

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring: total indicative dose and tritium

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional monitoring

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decision on audit monitoring

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VIII — TYPE B SUPPLIES: RISK ASSESSMENTS, INVESTIGATIONS AND MONITORING

Type B Supplies: Risk Assessments

27

• (1) A monitoring local authority shall, in respect of a Type B supply, provide such advice and assistance to a relevant person as will enable that person to undertake an assessment (“risk assessment”) of the potential risks to human health arising from their supply.

• (2) A monitoring local authority may carry out a risk assessment (whether or not on the request of a relevant person or consumer), taking into account the matters specified in Schedule 4, of the potential health risks associated with any Type B supply in their area.

Investigations: Table D of Schedule 1 microbiological and chemical parameters

28

• (1) Where a monitoring local authority has reason to believe that a Type B supply fails, or is likely to fail, to satisfy a requirement of regulation 7(3), that authority may take such steps as it considers necessary to identify the following matters—

• (a) the cause and extent of the failure, or as the case may be, the apprehended failure;

• (b) the microbiological and chemical parameters listed in Table D of Schedule 1 in respect of which the prescribed specification has not been, or is unlikely to be, achieved; and

• (c) in relation to each parameter so identified, whether the failure, or apprehended failure, to achieve the prescribed specification is attributable to—

• (i) the domestic distribution system;

• (ii) the maintenance of that system; or

• (iii) neither of those matters.

• (2) As soon as reasonably practicable after the matters specified in paragraph (1) have been identified, the monitoring local authority shall notify the relevant person and the appropriate local authority of those matters and of the steps that the authority considers it is necessary or desirable to take in the interests of health.

• (3) As soon as reasonably practicable after the relevant person receives notification given under paragraph (2), that person shall notify in writing every consumer, if any, of that supply likely to be affected by the matters specified in paragraph (1) of the cause and effect of the failure or, as the case may be, the apprehended failure, and shall provide to those consumers, details of the steps (if any) specified in accordance with paragraph (2).

Monitoring duties and powers

29

• (1) For the purpose of determining whether a Type B supply satisfies the provisions of regulation 7(3), a monitoring local authority may take or cause to be taken, and analyse, or cause to be analysed, from any Type B supply located within its area such number of samples, if any, of water which the authority considers is necessary to establish whether the supply is wholesome.

• (2) Samples from a Type B supply or from premises served by such a supply, shall be taken so that they are representative of the quality of water intended for human consumption purposes throughout the year and, in a case where a Type B supply serves a number of premises, from such premises selected at random as will ensure, insofar as is reasonably practicable, that their analysis will produce data which is representative of the quality of water so sampled.

• (3) Samples are to be taken at the point of compliance determined in accordance with regulation 7(4).

• (4) A monitoring local authority may at any time take and analyse a sample of water from any Type B supply (whether or not on the request of a relevant person or a consumer served by such a supply) for the parameters referred to in Table C of Schedule 2 to these Regulations, using the methodology specified in Schedule 5.

• (5) A monitoring local authority shall as soon as is practicable and in any event, within 28 days of being requested to do so by a relevant person in relation to a Type B supply, or a consumer of such a supply serving premises in their area, take and analyse a sample from the supply representative of the quality of water intended for human consumption purposes throughout the year for compliance with the parameters specified in regulation 7(3).

• (6) Without prejudice to the monitoring powers and duties in this regulation, a monitoring local authority shall have power to take and analyse a sample from a Type B supply in order to—

• (a) confirm or clarify the results of the analysis of a previous sample;

• (b) ascertain the effectiveness of remedial action taken in relation to the supply (whether or not such action was taken following service of a notice under section 76G of the 1980 Act ).

Additional Monitoring

30

• (1) This regulation applies to any Type B supply sampled by a monitoring local authority in accordance with regulation 29.

• (2) A monitoring local authority may sample every appropriate Type B supply in its area in respect of any property, element, micro-organism, parasite or substance which fulfils the conditions specified in paragraph (3).

• (3) The conditions specified in this paragraph are that—

• (a) the supply may have or contain a property, element, micro-organism, parasite or substance not listed in Table C of Schedule 2; and

• (b) the monitoring local authority reasonably believes that the concentration, amount or number of the property, element, micro-organism, parasite or substance may be such that it may (whether alone or in combination with a parameter or any other property, element, micro-organism, parasite or substance) cause the supply to fail to satisfy the provisions of regulation 7(3).

• (4) A monitoring local authority may cause to be taken such samples at such frequency as it considers appropriate having regard to any anticipated risk of danger to human health, and which are representative of the quality of water intended for human consumption purposes throughout the year.

PART IX — PRIVATE WATER SUPPLIES: SAMPLING, ANALYSIS AND CHARGING

Collection and analysis of samples

31

• (1) A monitoring local authority shall secure, so far as is reasonably practicable, that in taking, handling, transporting, storing and analysing any sample taken for the purposes of these Regulations, or causing any such sample to be taken, handled, transported, stored and analysed, the appropriate requirements are satisfied.

• (2) In paragraph (1), “the appropriate requirements” means such of the following requirements as are applicable—

• (a) that the sample is representative of the quality of the water intended for human consumption purposes at the point of compliance specified in regulation 7(4) ... at the time of sampling;

• (b) that the sample is not contaminated when being taken or subsequently;

• (c) that the sample is kept at such temperature and in such conditions as will secure that there is no material alteration of the concentration or value or specification for the measurement or observation of which the sample is intended;

• (d) that the sample is analysed as soon as may be after the time it has been taken—

• (i) by, or under the supervision of, a person who is competent to perform that task; and

• (ii) with the use of such equipment as is suitable for the purpose;

• (e) that any laboratory at which samples are analysed has a system of analytical quality control that is subject from time to time to checking by a person who is–

• (i) not under the control of either the laboratory or the monitoring local authority; and

• (ii) approved by the Scottish Ministers for that purpose.

• (3) A monitoring local authority shall maintain such records as are sufficient to enable it to establish, in relation to each sample taken for the purposes of these Regulations that such of the appropriate requirements as are applicable to that sample have been satisfied.

• (4) Subject to paragraph (6), for the purpose of establishing, within acceptable limits of deviation and detection, whether the sample contains concentrations or values or specifications which contravene the prescribed concentrations or values or specifications, or exceed the specifications for indicator parameters—

• (a) the method of analysis specified in column (2) of Table A in Schedule 5 shall be used for determining compliance with the parameter specified in relation to that method in column (1);

• (b) the method of analysis used for determining compliance with a parameter specified in column (2) of Table B in Schedule 5 must be capable, at the time of use—

• (i) of measuring concentrations or values or specifications equal to the parametric value with the trueness and precision specified in relation to that parameter in columns (3) and (4) of that Table; and

• (ii) of detecting the parameter at the limit of detection specified in relation to that parameter in column (5) of that Table;

• (c) the method of analysis used for determining compliance with hydrogen ion parameter must be capable, at the time of use, of measuring concentrations equal to the parametric value with a trueness of 0.2 pH units and a precision of 0.2 pH units; and

• (d) the method of analysis used for odour and taste parameters must be capable, at the time of use, of measuring values equal to the parametric value with a precision of 1 dilution number at 25°C.

• (5) For the purposes of paragraph (4)—

• “limit of detection” is to be calculated as—three times the relative within batch standard deviation of a natural sample containing a low concentration of the parameter; orfive times the relative within batch standard deviation of a blank sample; and

• “precision” (the random error) is to be calculated as twice the standard deviation (within a batch and between batches) of the spread of results about the mean; and

• “trueness” (the systematic error) is to be calculated as the difference between the mean value of the large number of repeated measurements and the true value.

• (6) Subject to paragraph (8), the Scottish Ministers may, on the application of any person, authorise a method of analysis other than that specified in paragraph (4)(a) (“the prescribed method”).

• (7) An application for the purpose of paragraph (6) shall be made in writing and shall be accompanied by–

• (a) a description of the method of proposed analysis; and

• (b) the results of the tests carried out to demonstrate the reliability of that method and its equivalence to the prescribed method.

• (8) The Scottish Ministers shall not authorise the use of the method proposed in an application under paragraph (6) unless they are satisfied that the results obtained by the use of that proposed method are at least as reliable as those produced by the use of the prescribed method.

• (9) An authorisation under paragraph (6) may be subject to such conditions as the Scottish Ministers think fit.

• (10) The Scottish Ministers may at any time by notice in writing to the person to whom an authorisation under paragraph (6) has been given, revoke the authorisation; and no such notice shall be served later than 3 months before the date on which the revocation is stated to take effect.

• (11) Within 28 days of the results of analysis of any sample of a private water supply taken from any premises being available to the monitoring local authority which took the sample, or caused it to be taken, the monitoring local authority shall notify the relevant person of the results of that analysis, and any other person who is to be charged under regulation 33 for the taking and analysis of the sample from those premises.

Sampling of private water supplies: further provision

32

As soon as a monitoring local authority has reasonable grounds for believing that any element, organism or substance, other than residual disinfectant or a parameter, whether alone or in combination with a parameter or any other element, micro-organism, parasite or substance, may cause a private water supply serving premises located in the area of that authority to be a supply which does not satisfy—

• (a) the provisions of Part IV; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it shall take, or cause to be taken, sufficient samples from the private water supply in respect of that element, organism or substance, in order to establish whether the supply is wholesome.

Charges for sampling, analysis and risk assessment

33

• (1) A local authority may charge a person for expenses reasonably incurred by it—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in respect of a Type B supply, for—

• (i) sampling a supply in accordance with these Regulations, up to a maximum of £70 per visit to any premises for that purpose;

• (ii) the analysis of samples, up to a maximum charge of £48 per visit to any premises for that purpose;

• (iii) preparatory work, including if required, visiting premises or the source of a Type B supply, in relation to a risk assessment to be carried out under regulation 27(2), up to a maximum of £70; and

• (iv) the carrying out of a risk assessment under regulation 27(2), up to a maximum of £50;

• (2) Where a local authority has undertaken additional monitoring of a private water supply under regulation ...30, that authority may charge a person for the expenses reasonably incurred by it.

• (3) A local authority shall not charge for the expenses incurred by it in the taking and analysis of any sample taken for the purposes of regulation ... 29(6)(a).

• (4) Where in relation to any private water supply there is more than one person who may be charged, the local authority shall, in determining who is to be charged and any apportionment of that charge, have regard to the terms (if any) on which the water is supplied and the purposes for which it is used.

PART X — PRIVATE WATER SUPPLIES: RECORDS AND INFORMATION

Register of private water supplies

34

• (1) Subject to paragraph (2), a local authority shall prepare and maintain, in respect of every private water supply to premises in its area, a register containing information about—

• (a) whether the supply is—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) subject to paragraph (2), a supply in respect of which the provisions of regulation 3 apply;

• (b) the name and address of every relevant person in relation to the supply;

• (c) the addresses of premises which are served by the supply, and the purposes for which the water is supplied;

• (d) a description of the source of the supply, including—

• (i) whether the supply is taken from a watercourse, loch, spring, well or borehole, or any other source or combination of sources; and

• (ii) the location of the source of the supply (whether or not in the area of that local authority), including the appropriate Ordnance Survey National Grid Reference as regards the location of that source;

• (e) the estimated maximum average volume of water provided by the supply and the number of persons served by the supply on any one day;

• (f) any treatment carried out in relation to the supply;

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) the results of any samples taken and analysed in relation to the supply under these Regulations;

• (i) any investigations carried out, and any action taken following such investigations in relation to the supply;

• (ia) any enforcement notices served by the authority in relation to the supply under section 76FB of the 1980 Act (whether or not confirmed by the Scottish Ministers under section 76FC of that Act), including—

• (i) the particulars of the person on whom the notice was served

• (ii) the date of service of the notice;

• (iii) the matters specified in subsection (3) of section 76FB;

• (j) any enforcement notices served by the authority in relation to the supply under section 76G of the 1980 Act (whether or not confirmed by the Scottish Ministers under section 76H of that Act), including—

• (i) the particulars of the person on whom the notice was served;

• (ii) the date of service of the notice;

• (iii) the matters specified in subsection (2) of that section;

• (k) a copy of any risk assessment carried out under these Regulations in relation to the supply;

• (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (m) such other information as the local authority may decide.

• (2) In respect of a private water supply—

• (a) which is used in the circumstances provided for in regulation 3(1), the requirements of paragraph (1) shall apply only in relation to sub-paragraphs (a) to (f) of that paragraph; and

• (b) to which provisions of regulation 3(2) apply, the requirements of paragraph (1) shall apply only in relation to sub-paragraphs (a), (b) and (d) to (f) of that paragraph.

• (3) Subject to paragraph (4), a local authority shall make—

• (a) initial entries in the register in respect of the matters mentioned in paragraph (1) within six months after the date of coming into force of these Regulations;

• (b) entries in respect of the matters mentioned in paragraph (1)(g) and (j) and within 28 days of the date of the authorisation and notice respectively; and

• (c) entries relating to the results of the analysis of samples taken in accordance with regulation 31 within 28 days of the day on which the result is first known to the authority.

• (4) Where it appears to a local authority that a private water supply is to be used or is being used for the first time (or for the first time after being out of use for a period of twelve months or more), that local authority shall make initial entries in the register in respect of the matters mentioned in paragraph (1) within 3 months of first becoming aware of the private water supply.

• (5) Without prejudice to paragraphs (3) and (4), the local authority shall at least once, and no later than 31st March, in each year review and bring up to date the register required to be kept by paragraph (1).

• (6) Nothing in this regulation shall require a local authority to retain a record of any information mentioned in paragraph (1) at any time more than fifteen years after the date on which the information was first entered in the register.

Provision of information

35

• (1) A local authority shall make available for inspection by the public, in such places as it reasonably considers appropriate to ensure adequate accessibility, at all reasonable hours and free of charge, any register maintained by it in accordance with regulation 34.

• (2) A local authority shall afford to any person, facilities for obtaining copies of entries, on payment of reasonable charges.

• (3) A local authority shall provide, upon reasonable request, to—

• (a) the Scottish Ministers;

• (b) the Scottish Environment Protection Agency;

• (c) the Health Board in whose area the supply is located,

such information as may be required from time to time on the matters contained within the register maintained in accordance with regulation 34.

• (4) A local authority shall afford to any—

• (a) neighbouring local authority, upon request, such information relating to an entry within the register maintained in accordance with regulation 34 as is considered necessary to enable that authority to fulfil its obligations under these Regulations; and

• (b) to a neighbouring local authority, upon request, such information as is reasonably required to ascertain whether premises in its area are served by a private water supply.

• (5) Not later than 31st March in each year, in respect of the preceding calendar year, a local authority shall provide the Scottish Environment Protection Agency with a copy of the register required to be kept under regulation 34.

• (6) Not later than 31st March in each year, in respect of the preceding calendar year, a local authority shall provide—

• (a) the Drinking Water Quality Regulator for Scotland ;

• (b) the Scottish Environment Protection Agency; and

• (c) the Health Board in whose area the supply is located,

with a completed annual return in accordance with the form provided for that purpose by the Scottish Ministers.

• (7) Paragraph (6) is without prejudice to section 16 of the Water Industry (Scotland) Act 2002 .

Information Notice on premises

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART XI — MISCELLANEOUS

Revocations and savings

37

• (1) With effect from 3rd July 2006—

• (a) the 1992 Regulations;

• (b) the Private Water Supplies (Scotland) Amendment Regulations 1998 ; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are revoked.

• (2) Notwithstanding the revocation of the 1992 Regulations by paragraph (1), the following provisions shall continue to have effect on and after 3rd July 2006 as they had effect immediately before that date—

• (a) regulation 20 (collection and analysis of samples), in respect of any sample of water from a private supply taken on or before 2nd July 2006; and

• (b) regulation 21 (charges for sampling and analysis) in respect of expenses incurred by a council on or before 2nd July 2006.

• (3) Notwithstanding the revocation of the 1992 Regulations by paragraph (1), a local authority shall, as at 3rd July 2006, retain all information obtained in accordance with Part IV of those Regulations for a period of fifteen years from the date upon which it was obtained.

SCHEDULE 1 — PRESCRIBED CONCENTRATIONS AND VALUES

Table A — Microbiological parameters

(1)Item	(2)Parameters	(3)Concentration or Value (maximum)	(4)Units of Measurement
1.	Enterococci	0	number/100ml
2.	Escherichia coli (E. coli)	0	number/100ml
(1)Item	(2)Parameters	(3)Concentration or Value (maximum)	(4)Units of Measurement
---	---	---	---
1.	Coliform bacteria	0	number/100ml

Table B — Chemical parameters

(1) Item	(2) Parameters	(3) Concentration or Value (maximum)	(4) Units of Measurement
Notes: The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. This is controlled by product specification. See the definition of “pesticides and related products” in regulation 2(1). The parametric value applies to each individual pesticide. “Pesticides: Total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure. “PAH” means Polycyclic Aromatic Hydrocarbons, the specified compounds being: benzo(b)fluoranthene benzo(k)fluoranthene benzo(ghi)perylene indeno(1,2,3–cd)pyrene. The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. “THM: Total” means total Trihalomethanes, the specified compounds being: chloroform bromoform dibromochloromethane bromodichloromethane. The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.	Notes: The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. This is controlled by product specification. See the definition of “pesticides and related products” in regulation 2(1). The parametric value applies to each individual pesticide. “Pesticides: Total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure. “PAH” means Polycyclic Aromatic Hydrocarbons, the specified compounds being: benzo(b)fluoranthene benzo(k)fluoranthene benzo(ghi)perylene indeno(1,2,3–cd)pyrene. The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. “THM: Total” means total Trihalomethanes, the specified compounds being: chloroform bromoform dibromochloromethane bromodichloromethane. The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.	Notes: The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. This is controlled by product specification. See the definition of “pesticides and related products” in regulation 2(1). The parametric value applies to each individual pesticide. “Pesticides: Total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure. “PAH” means Polycyclic Aromatic Hydrocarbons, the specified compounds being: benzo(b)fluoranthene benzo(k)fluoranthene benzo(ghi)perylene indeno(1,2,3–cd)pyrene. The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. “THM: Total” means total Trihalomethanes, the specified compounds being: chloroform bromoform dibromochloromethane bromodichloromethane. The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.	Notes: The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. This is controlled by product specification. See the definition of “pesticides and related products” in regulation 2(1). The parametric value applies to each individual pesticide. “Pesticides: Total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure. “PAH” means Polycyclic Aromatic Hydrocarbons, the specified compounds being: benzo(b)fluoranthene benzo(k)fluoranthene benzo(ghi)perylene indeno(1,2,3–cd)pyrene. The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. “THM: Total” means total Trihalomethanes, the specified compounds being: chloroform bromoform dibromochloromethane bromodichloromethane. The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.
1.	Acrylamide(i)	0.10	µg/1
2.	Antimony	5.0	µgSb/l
3.	Arsenic	10	µgAs/l
4.	Benzene	1.0	µg/l
5.	Benzo(a)pyrene	0.010	µg/l
6.	Boron	1.0	mgB/l
7.	Bromate	10	µgBrO₃/l
8.	Cadmium	5.0	µgCd/l
9.	Chromium	50	µgCr/l
10.	Copper	2.0	mg Cu/l
11.	Cyanide	50	µgCN/l
12.	1,2 dichloroethane	3.0	µg/l
13.	Epichlorohydrin(i)	0.10	µg/l
14.	Fluoride	1.5	mg F/l
15.	Lead	a 25, from 3/7/06 until 24/12/13	µgPb/l
		b 10, from 25/12/13	µgPb/l
16.	Mercury	1.0	µgHg/l
17.	Nickel	20	µgNi/l
18.	Nitrate	50	mgNO₃/l
19.	Nitrite	0.50	mgNO₂/l
20.	Pesticides(ii)–
	Aldrin	0.030	µg/l
	Dieldrin	0.030	µg/l
	Heptachlor	0.030	µg/l
	Heptachlor epoxide	0.030	µg/l
	other pesticides	0.10	µg/l
21.	Pesticides: Total(iii)	0.50	µg/l
22.	PAH(iv)	0.10	µg/l
23.	Selenium	10	µgSe/l
24.	Tetrachloroethene & Trichloroethene(v)	10	µg/l
25.	THM: Total(vi)	100	µg/l
26.	Vinyl chloride(i)	0.50	µg/l
(1) Item	(2) Parameters	(3) Concentration or Value (maximum unless otherwise stated))	(4) Units of Measurement
---	---	---	---
Notes: If Silver is used in a water treatment process, 80 may be substituted for 10. Every effort should be made to achieve 1 NTU whenever possible.	Notes: If Silver is used in a water treatment process, 80 may be substituted for 10. Every effort should be made to achieve 1 NTU whenever possible.	Notes: If Silver is used in a water treatment process, 80 may be substituted for 10. Every effort should be made to achieve 1 NTU whenever possible.	Notes: If Silver is used in a water treatment process, 80 may be substituted for 10. Every effort should be made to achieve 1 NTU whenever possible.
1.	Aluminium	200	µgA1/1
2.	Colour	20	mg/l Pt/Co
3.	Hydrogen ion	9.5	pH value
		6.5 (minimum)
4.	Iron	200	µgFe/l
5.	Manganese	50	µgMn/l
6.	Odour	3 at 25ºC	Dilution number
7.	Silver(i)	10	µg Ag/l
8.	Sodium	200	mgNa/l
9.	Taste	3 at 25ºC	Dilution number
10.	Tetrachloromethane	3	µg/l
11.	Turbidity(ii)	4	NTU
12.	Zinc	5000	µg Zn/l

Table C — Indicator parameters

(1) Item	(2) Parameters	(3) Concentration or Value (maximum) or State	(4) Units of Measurement
1.	Ammonium	0.50	mgNH₄/l
2.	Chloride(i)	250	mgC1/1
3.	Clostridium perfringens (including spores)	0	Number/100 ml
4.	Coliform bacteria	0	Number/100 ml
5.	Colony count	No abnormal change	Number/1 ml at 22°C
6.	Conductivity(i)	2500	µS/cm at 20°C
7.	Sulphate(i)	250	mgSO₄/l
8.	Total indicative dose (for radioactivity)(ii)	0.10	mSv/year
9.	Total organic carbon (TOC)	No abnormal change	mgC/l
10.	Tritium (for radioactivity)	100	Bq/l

Table D — Microbiological and Chemical Parameters: Type B Supplies

(1) Item	(2) Parameters	(3) Concentration or Value (maximum)	(4) Units of Measurement
Notes: The water should not be aggressive.	Notes: The water should not be aggressive.	Notes: The water should not be aggressive.	Notes: The water should not be aggressive.
1.	Coliform Bacteria	0	number/100ml
2.	Conductivity (i)	2500	µS/cm at 20°C
3.	Enterococci	0	number/100ml
4.	Escherichia coli (E.coli)	0	number/100ml
5.	Hydrogen ion	9.5 6.5 (minimum)	pH value
6.	Lead	a 25, from 3/7/06 until 24/12/13 b 10, from 25/12/13	µgPb/l
7.	Nitrate	50	mgNO3/l
8.	Odour-qualitative	-	-
9.	Taste-qualitative	-	-
10.	Turbidity	4	NTU

SCHEDULE 2 — PARAMETERS, MONITORING AND SAMPLING FREQUENCIES

Table A

		Annual sampling frequency (iv)(v)	Annual sampling frequency (iv)(v)	Annual sampling frequency (iv)(v)
		Volume of water distributed or produced each day within a supply zone (m³)(ii)(iii)	Volume of water distributed or produced each day within a supply zone (m³)(ii)(iii)	Volume of water distributed or produced each day within a supply zone (m³)(ii)(iii)
(1) Item	(2) Parameter	(3) ≤100 Level 1	(4) > 100– ≤1000 Level 2	(5) > 1000 Level 3(i)
Notes: The sampling frequency (X) shall be determined as X = 4 + (3 for each 1,000 m3/d and part thereof of the total volume). A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and within which water quality may be considered as being approximately uniform. The volumes are calculated as averages taken over a calendar year or using consumption based on the number of inhabitants, assuming a water consumption rate of 200 l/day/capita. Values in (brackets) in columns (4) and (5) are reduced sampling frequencies which may be applied if– the values of the results obtained from samples taken during a period of at least two successive years are constant and significantly better than the limits laid down in Schedule 1; and no factor is likely to cause a deterioration of the quality of the water. As far as possible, the number of samples should be distributed equally in time and location and should be representative of the quality of water consumed or available for consumption throughout the year. Necessary only when used as a flocculant. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2). Necessary only if the water originates from, or is influenced by, surface water. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2). Necessary only when chloramination is used as a disinfectant. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2).	Notes: The sampling frequency (X) shall be determined as X = 4 + (3 for each 1,000 m3/d and part thereof of the total volume). A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and within which water quality may be considered as being approximately uniform. The volumes are calculated as averages taken over a calendar year or using consumption based on the number of inhabitants, assuming a water consumption rate of 200 l/day/capita. Values in (brackets) in columns (4) and (5) are reduced sampling frequencies which may be applied if– the values of the results obtained from samples taken during a period of at least two successive years are constant and significantly better than the limits laid down in Schedule 1; and no factor is likely to cause a deterioration of the quality of the water. As far as possible, the number of samples should be distributed equally in time and location and should be representative of the quality of water consumed or available for consumption throughout the year. Necessary only when used as a flocculant. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2). Necessary only if the water originates from, or is influenced by, surface water. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2). Necessary only when chloramination is used as a disinfectant. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2).	Notes: The sampling frequency (X) shall be determined as X = 4 + (3 for each 1,000 m3/d and part thereof of the total volume). A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and within which water quality may be considered as being approximately uniform. The volumes are calculated as averages taken over a calendar year or using consumption based on the number of inhabitants, assuming a water consumption rate of 200 l/day/capita. Values in (brackets) in columns (4) and (5) are reduced sampling frequencies which may be applied if– the values of the results obtained from samples taken during a period of at least two successive years are constant and significantly better than the limits laid down in Schedule 1; and no factor is likely to cause a deterioration of the quality of the water. As far as possible, the number of samples should be distributed equally in time and location and should be representative of the quality of water consumed or available for consumption throughout the year. Necessary only when used as a flocculant. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2). Necessary only if the water originates from, or is influenced by, surface water. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2). Necessary only when chloramination is used as a disinfectant. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2).	Notes: The sampling frequency (X) shall be determined as X = 4 + (3 for each 1,000 m3/d and part thereof of the total volume). A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and within which water quality may be considered as being approximately uniform. The volumes are calculated as averages taken over a calendar year or using consumption based on the number of inhabitants, assuming a water consumption rate of 200 l/day/capita. Values in (brackets) in columns (4) and (5) are reduced sampling frequencies which may be applied if– the values of the results obtained from samples taken during a period of at least two successive years are constant and significantly better than the limits laid down in Schedule 1; and no factor is likely to cause a deterioration of the quality of the water. As far as possible, the number of samples should be distributed equally in time and location and should be representative of the quality of water consumed or available for consumption throughout the year. Necessary only when used as a flocculant. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2). Necessary only if the water originates from, or is influenced by, surface water. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2). Necessary only when chloramination is used as a disinfectant. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2).	Notes: The sampling frequency (X) shall be determined as X = 4 + (3 for each 1,000 m3/d and part thereof of the total volume). A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and within which water quality may be considered as being approximately uniform. The volumes are calculated as averages taken over a calendar year or using consumption based on the number of inhabitants, assuming a water consumption rate of 200 l/day/capita. Values in (brackets) in columns (4) and (5) are reduced sampling frequencies which may be applied if– the values of the results obtained from samples taken during a period of at least two successive years are constant and significantly better than the limits laid down in Schedule 1; and no factor is likely to cause a deterioration of the quality of the water. As far as possible, the number of samples should be distributed equally in time and location and should be representative of the quality of water consumed or available for consumption throughout the year. Necessary only when used as a flocculant. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2). Necessary only if the water originates from, or is influenced by, surface water. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2). Necessary only when chloramination is used as a disinfectant. In all other cases the parameter will be sampled according to the frequency specified for audit monitoring (Table B of Schedule 2).
1.	Aluminium (vi)	1	4(2)	X(X/2)
2.	Ammonium	1	4(2)	X(X/2)
3.	Clostridium perfringens (vii) (including spores)	1	4	X
4.	Coliform bacteria	1	4	X
5.	Colony counts	1	4	X
6.	Colour	1	4(2)	X(X/2)
7.	Conductivity	1	4(2)	X(X/2)
8.	Escherichia coli (E.coli)	1	4	X
9.	Hydrogen ion	1	(2)	X(X/2)
10.	Iron (vi)	1	4(2)	X(X/2)
11.	Nitrite (viii)	1	4(2)	X(X/2)
12.	Odour	1	4(2)	X(X/2)
13.	Taste	1	4(2)	X(X/2)
14.	Turbidity	1	4	X

Table B

		Annual sampling frequency	Annual sampling frequency	Annual sampling frequency
		Volume of water distributed or produced each day within a supply zone (m³)(ii)(iii)	Volume of water distributed or produced each day within a supply zone (m³)(ii)(iii)	Volume of water distributed or produced each day within a supply zone (m³)(ii)(iii)
(1) Item	(2) Parameters	(3) ≤100 Level 1	(4) > 100 – ≤1000 Level 2	(5) > 1000 Level 3 (i)
Notes: The sampling frequency (Y) shall be determined by– Volume of water supplied each day (m³)Y > 1000 – ≤ 10,0001 + (1 for each 3,300 m³/d and part thereof of total volume)> 10,000 – ≤ 100,0003 + (1 for each 10,000 m³/d and part thereof of total volume)> 100,00010 + (1 for each 25,000 m³/d and part thereof of total volume)	Notes: The sampling frequency (Y) shall be determined by– Volume of water supplied each day (m³)Y > 1000 – ≤ 10,0001 + (1 for each 3,300 m³/d and part thereof of total volume)> 10,000 – ≤ 100,0003 + (1 for each 10,000 m³/d and part thereof of total volume)> 100,00010 + (1 for each 25,000 m³/d and part thereof of total volume)	Notes: The sampling frequency (Y) shall be determined by– Volume of water supplied each day (m³)Y > 1000 – ≤ 10,0001 + (1 for each 3,300 m³/d and part thereof of total volume)> 10,000 – ≤ 100,0003 + (1 for each 10,000 m³/d and part thereof of total volume)> 100,00010 + (1 for each 25,000 m³/d and part thereof of total volume)	Notes: The sampling frequency (Y) shall be determined by– Volume of water supplied each day (m³)Y > 1000 – ≤ 10,0001 + (1 for each 3,300 m³/d and part thereof of total volume)> 10,000 – ≤ 100,0003 + (1 for each 10,000 m³/d and part thereof of total volume)> 100,00010 + (1 for each 25,000 m³/d and part thereof of total volume)	Notes: The sampling frequency (Y) shall be determined by– Volume of water supplied each day (m³)Y > 1000 – ≤ 10,0001 + (1 for each 3,300 m³/d and part thereof of total volume)> 10,000 – ≤ 100,0003 + (1 for each 10,000 m³/d and part thereof of total volume)> 100,00010 + (1 for each 25,000 m³/d and part thereof of total volume)
Volume of water supplied each day (m³)	Y
> 1000 – ≤ 10,000	1 + (1 for each 3,300 m³/d and part thereof of total volume)
> 10,000 – ≤ 100,000	3 + (1 for each 10,000 m³/d and part thereof of total volume)
> 100,000	10 + (1 for each 25,000 m³/d and part thereof of total volume)
1.	Acrylamide	1	1	Y
2.	Aluminium	1	1	Y
3.	Antimony	1	1	Y
4.	Arsenic	1	1	Y
5.	Benzene	1	1	Y
6.	Benzo(a)pyrene	1	1	Y
7.	Boron	1	1	Y
8.	Bromate	1	1	Y
9.	Cadmium	1	1	Y
10.	Chloride	1	1	Y
11.	Chromium	1	1	Y
12.	Clostridium perfringens (including spores)	1	1	Y
13.	Copper	1	1	Y
14.	Cyanide	1	1	Y
15.	1,2 dichloroethane	1	1	Y
16.	Enterococci	1	1	Y
17.	Epichlorohydrin	1	1	Y
18.	Fluoride	1	1	Y
19.	Iron	1	1	Y
20.	Lead	1	1	Y
21.	Manganese	1	1	Y
22.	Mercury	1	1	Y
23.	Nickel	1	1	Y
24.	Nitrate	1	1	Y
25.	Nitrite	1	1	Y
26.	Pesticides	1	1	Y
27.	Pesticides – Total	1	1	Y
28.	Polycyclic Aromatic Hydrocarbons	1	1	Y
29.	Selenium	1	1	Y
30.	Silver	1	1	Y
31.	Sodium	1	1	Y
32.	Sulphate	1	1	Y
33.	Tetrachloroethene and Trichloroethene	1	1	Y
34.	Tetrachloromethane	1	1	Y
35.	Total indicative dose	1	1	Y
36.	Total organic carbon	1	1	Y
37.	Trihalomethanes – Total	1	1	Y
38.	Tritium	1	1	Y
39.	Vinyl chloride	1	1	Y
40.	Zinc	1	1	Y

Table C — Routine Monitoring: Type B Supplies

Parameters

1Coliform bacteria

2Conductivity

3Enterococci

4 Escherichia coli (E. coli)

5Hydrogen ion

6Lead

7Nitrate(i)

8Odour – qualitative(ii)

9Taste – qualitative(ii)

10TurbidityNotes:iSamples need not be analysed for nitrate if there are reasonable grounds for believing that nitrate levels in the locality concerned are below 25 mg NO3/l.iiSamples should not be assessed qualitatively if there are reasonable grounds for suspecting that the water may give rise to a health hazard.

SCHEDULE 3 — CIRCUMSTANCES AND CONDITIONS TO BE CONSIDERED BY A MONITORING LOCAL AUTHORITY: DECISION ON AUDIT MONITORING

• (1) Where a monitoring local authority carries out an investigation in relation to a Type A supply for the purposes of regulation 26, it shall do so in accordance with the provisions of this Schedule and shall take into account the matters specified in Schedule 4.

• (2) Where a monitoring local authority considers that one or more of the parameters listed in the Table in this Schedule is not likely to be present in a Type A supply in its area in concentrations which could lead to the risk of a breach of the parametric value in respect of the parameters specified in Table B of Schedule 2, it shall undertake such investigations as are considers reasonable to satisfy itself–

• (a) that the circumstances referred to in column 3 of the Table in this Schedule in respect of that parameter do not exist; and

• (b) whether any of the conditions referred to in column 4 of the Table in this Schedule in respect of that parameter, apply.

• (3) Where a monitoring local authority is satisfied, as a result of its investigations under paragraph (2), that in respect of the supply, one or more of the parameters referred to in column 2 of the Table in this Schedule is not likely to be present in that supply in concentrations which could lead to the risk of a breach of the said parametric value in respect of such parameters, it may make a decision in accordance with regulation 26.

(1) Item No.	(2) Parameter	(3) Circumstances in which parameter is likely to be present	(4) Conditions to be satisfied before a decision may be made
(1)	Acrylamide	Residual acrylamide monomer occurs in polyacrylamide coagulants used in drinking water treatment. May also be used as grouting agents (polyacrylamide) in wells/borehole linings.	Coagulation is not practised. Grouting agents are present but that they do not have an acrylamide content.
(2)	Aluminium	Aluminium salts are widely used in water treatment as coagulants to reduce organic matter, colour, turbidity and micro organism levels.	Coagulation is not practised.
(3)	Antimony	Most common source of antinomy in drinking water appears to be dissolution from metal plumbing fittings.	If the monitoring local authority is satisfied that antimony is not present at or above 75% of PCV then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(4)	Arsenic	Arsenic is introduced into drinking water sources primarily through the dissolution of naturally occurring minerals and ores. Arsenic in drinking water is a significant source of health effects in some areas. Arsenic is considered to be a high-priority substance for screening in drinking water sources. Concentrations are highly dependent on the depth to which a well or borehole is sunk.	If the monitoring local authority is satisfied that arsenic is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(5)	Benzene	Benzene is used principally in the production of other organic chemicals. As benzene is present in petrol, vehicular emissions constitute the main source of the chemical in the environment. Benzene may be introduced into water by industrial effluents and atmospheric pollution.	Where the source of the supply comprises groundwater (well, spring, borehole or similar) the area in which the source is located must be an area devoid of industrial activity (current or historic) or hydrocarbon stores (current or historic) eg, underground petroleum tanks. Where the source of the supply comprises surface water, the area in which the source is located must be an area remote from areas of industrial activity (current or historic) or remote from areas of high vehicular activity.
(6)	Benzo(a)pyrene	See PAH	See PAH
(7)	Boron	Boron is found naturally in groundwater but its presence in surface water is frequently a consequence of the discharge of treated sewage effluent, in which it arises from its use in detergents, to surface water.	If the monitoring local authority is satisfied that Boron is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(8)	Bromate	Bromate is not normally found in water but may be formed during ozonation when the bromide ion is present in water.	No ozonation or chlorination to be undertaken on the supply.
		Under certain conditions bromate may also be found in concentrated hypochlorite solutions used to disinfect drinking water including electrolytic production of chlorine from sodium chloride
(9)	Cadmium	Cadmium is released into the environment in wastewater. Diffuse pollution is also caused by contamination from fertilizers and local air pollution. Contamination in drinking water may also be caused by impurities in the zinc of galvanised pipes and solders and some metal fittings.	If the monitoring local authority is satisfied that Cadmium is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(10)	Chromium	Chromium is widely distributed in the Earth’s crust. Soils and rocks may contain small amounts.	If the monitoring local authority is satisfied that Chromium is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(11)	Copper	Copper concentrations in drinking water vary widely with the primary source most often being the corrosion of interior copper plumbing. Copper concentrations in treated water often increase during distribution, especially in systems with an acid pH or high carbonate waters with an alkaline pH. Consumption of standing or partially flushed water from a distribution system that includes copper pipes or fittings can considerably increase total daily copper exposure, especially for infants fed formula reconstituted with tap water.	If the monitoring local authority is satisfied that Copper is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(12)	Cyanide	Cyanides are occasionally found in drinking water primarily as a consequence of industrial contamination.	If the monitoring local authority is satisfied that Cyanide is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(13)	1,2 dichloroethane	1,2 dichloroethane is used mainly as an intermediate in the production of vinyl chloride and other chemicals and to a lesser extent as a solvent. It may enter surface waters via effluents from industries that manufacture or use the substance. It may also enter groundwater, where it persists for long periods, following disposal in waste sites.	If the monitoring local authority is satisfied that 1,2 dichloroethane is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(14)	Epichlorohydrin	Epichlorohydrin is used for the manufacture of glycerol, unmodified epoxy resins and water treatment resins. It is also found in some polyamine flocculants.	Coagulation is not practiced using polyamine flocculants. If ion exchange resins are present in the system then it should be sampled for against the prescribed frequency specified in Schedule 2.
(15)	Fluoride	Fluoride is present in a number of minerals. Fluoride may also be present in phosphate fertilizers.	If the monitoring local authority is satisfied that Fluoride is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(16)	Iron	Iron is found in natural fresh waters. Iron may also be present in drinking water as a result of iron coagulants or the corrosion of steel and cast iron pipes during water distribution.	If the monitoring local authority is satisfied that Iron is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(17)	Lead	Lead is rarely present in tap water as a result of its dissolution from natural sources. The presence of lead is primarily from household plumbing systems containing lead in pipes, solder, fittings or the service connections to homes.	If the monitoring local authority is satisfied that Lead is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(18)	Manganese	Manganese is naturally occurring in many surface and groundwater sources, particularly in anaerobic or low oxidation conditions. Manganese greensands are used in some locations for potable water treatment.	If the monitoring local authority is satisfied that Manganese is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(19)	Mercury	Mercury can be used in the electrolytic production of chlorine.	If electrolytic production of chlorine is used as part of the treatment process the supply should be sampled as specified in Schedule 2;
			if electrolytic production of chlorine is not used as part of the treatment process, and if the monitoring local authority is satisfied that mercury is not present at or above 75% of PCV, then an exemption under regulation 26 may be granted, otherwise it should be sampled for at the frequency specified in Schedule 2.
(20)	Nickel	Nickel may be present as a result of plumbing fittings eg from nickel- or chromium-plated taps.	If the monitoring local authority is satisfied that Nickel is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(21)	Nitrate	Nitrate is used mainly in inorganic fertilisers. The nitrate concentration in groundwater and surface water is normally low but can reach high levels as a result of leaching or runoff from agricultural land or contamination from human or animal wastes as a consequence of oxidation of ammonia or similar sources.	If the supply is in an area where agricultural fertilisers are used then the supply should be sampled as specified in Schedule 2; if the supply is in an area where agricultural fertilisers are not used, and if the monitoring local authority is satisfied that nitrate is not present at or above 75% of PCV, then an exemption under regulation 26 may be granted, otherwise it should be sampled for at the frequency specified in Schedule 2.
(22)	Nitrite	Nitrite is formed during the decomposition of organic matter but high concentrations are usually associated with poor control of chloramination or chlorine disinfection of water containing significant amounts of ammonium ions.	If the monitoring local authority is satisfied that Nitrite is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(24)	Pesticides	See definition of “pesticides and related products” in regulation 2(1). The range of pesticides and related products that may be being used in any one area should be assessed on an individual supply basis.	If the monitoring local authority is satisfied that Pesticides are not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise they should be sampled for at the frequency specified in Schedule 2.
(25)	Pesticides – Total	“Pesticides – Total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure.	See Pesticides.
(26)	Polycyclic Aromatic Hydrocarbons (PAH)	The main source of PAH contamination in drinking water is usually the coal-tar coating of drinking water distribution pipes used to protect the pipes from corrosion.	If the monitoring local authority is satisfied that PAH are not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise they should be sampled for at the frequency specified in Schedule 2.
(27)	Selenium	Selenium is present in the Earth’s crust, often in association with sulphur-containing minerals and hence the concentration in drinking water will vary with local geology and geography.	If the monitoring local authority is satisfied that Selenium is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(28)	Silver	Silver may be used in some water treatment devices where it is used for disinfection purposes.	If the monitoring local authority is satisfied that Silver is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(29)	Sodium	Concentrations in potable water are typically low but some water softeners can add significantly to the sodium content of drinking water.	If the monitoring local authority is satisfied that Sodium is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(30)	Sulphate	Sulphates occur naturally in numerous minerals and are used commercially but the highest levels found in groundwaters are from natural sources. Sulphates may occur in surface waters that have received industrial discharges.	If the monitoring local authority is satisfied that Sulphate is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(31)	Tetrachloroethene and Trichloroethene	These chemicals are used primarily as solvents in dry cleaning industries and as degreasing solvents.	If the monitoring local authority is satisfied that Tetrachloroethene and Trichloroethene are not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise they should be sampled for at the frequency specified in Schedule 2.
(32)	Tetrachloromethane	Chlorinated organic compound (also known as carbon tetrachloride) that is a very efficient solvent for fats and greases, and was at one time the main constituent of household dry-cleaning fluids and of fire extinguishers used with electrical and petrol fires.	If the monitoring local authority is satisfied that Tetrachloromethane is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(33)	Total indicative dose	Routine monitoring for Total indicative dose is achieved through screening for gross alpha and gross beta.	If a monitoring local authority is satisfied that on the basis of other monitoring carried out, the Total indicative dose in a supply is well below the prescribed value, the authority may seek a regulation 24 notice from the Scottish Ministers confirming that the supply need not be monitored in respect of Total indicative dose.
(34)	Trihalomethanes – Total	These compounds are generated principally as by-products of the chlorination of drinking water, being formed from naturally occurring organic compounds.	No chlorination is undertaken on the supply.
(35)	Tritium	Tritium is produced naturally in the upper atmosphere when cosmic rays strike air molecules. Tritium is also produced during nuclear weapons explosions, as a by-product in reactors producing electricity, and in special production reactors, where the isotope Lithium-6 is bombarded to produce Tritium.	If a monitoring local authority is satisfied that on the basis of other monitoring carried out, the level of Tritium in a supply is well below the prescribed value, the authority may seek a regulation 24 notice from the Scottish Ministers confirming that the supply need not be monitored for Tritium.
(36)	Vinyl chloride	Vinyl chloride is used primarily for the production of PVC. When unplasticised PVC is in contact with water it is possible for the vinyl chloride monomer to be released into the water. Unplasticised PVC pipes should not be used for drinking water supplies. This is controlled by product specification.	Unplasticised PVC pipes not present. If the monitoring local authority is satisfied that Vinyl chloride is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.
(37)	Zinc	Traces of zinc occur naturally in many water sources but significant concentrations may occur as a consequence of the use of brass fittings and galvanised iron pipes.	If the monitoring local authority is satisfied that Zinc is not present at or above 75% of PCV, then an exemption may be granted under regulation 26, otherwise it should be sampled for at the frequency specified in Schedule 2.

SCHEDULE 4 — REQUIREMENTS FOR RISK ASSESSMENT

(1)Source of private water supply	(2)Information to be considered in the risk assessment
(1) Catchments	(i) geology and hydrology
	(ii) meteorology and weather patterns
	(iii) general catchment and river health
	(iv) wildlife
	(v) competing water uses
	(vi) nature and intensity of development and land use
	(vii) other activities in the catchment that potentially release contaminants into source water
	(viii) planned future activities
(2) Surface water	(i) description of water body type (e.g. river, reservoir, dam)
	(ii) flow and reliability of source water
	(iii) retention times
	(iv) water constituents (physical, chemical, microbial)
	(v) protection (e.g. enclosures, access)
	(vi) recreational and other human activity
	(vii) bulk water transport
(3) Groundwater	(i) confined or unconfined aquifer
	(ii) aquifer hydrogeology
	(iii) flow rate and direction
	(iv) dilution characteristics
	(v) recharge area
	(vi) wellhead protection
	(vii) depth of casing
	(viii) bulk water transport

(i) treatment processes
(ii) equipment design
(iii) monitoring equipment and automation
(iv) water treatment chemicals used
(v) treatment efficiencies
(vi) disinfection removals of pathogens
(vii) disinfection residuals/contact time

(i) reservoir/tank design
(ii) retention times
(iii) seasonal variations
(iv) protection (e.g. covers, enclosures, access)
(v) distribution system design
(vi) hydraulic conditions (e.g. water age, pressures, flows)
(vii) backflow protection
(viii) disinfectant residuals

SCHEDULE 5 — ANALYTICAL METHODOLOGY