Draft Regulations laid before the Scottish Parliament under section 5(2) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021.
2022 No.
The Public Water Supplies (Scotland) Amendment Regulations 2022
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 76B, 76J, 101(1) and (1A) and 109(1) of the Water (Scotland) Act 19801, section 1(1) of UK Withdrawal from the European Union (Continuity) (Scotland) Act 20212 (“the 2021 Act”), and all other powers enabling them to do so3.
In accordance with section 5(2) of the 2021 Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Public Water Supplies (Scotland) Amendment Regulations 2022 and come into force on 1 January 2023.
2
In these Regulations, the “2014 Regulations” means the Public Water Supplies (Scotland) Regulations 20144.
Amendment of the 2014 Regulations
2
The 2014 Regulations are amended in accordance with regulations 3 to 18.
3
In regulation 2(1) (interpretation)—
a
in the definition of “parameter”, omit “, Table 2”,
b
in the definition of “prescribed concentration or value”, omit “or granted by the European Commission pursuant to a request under regulation 25(7)”,
c
in the definition of “water quality standards”, omit “or granted pursuant to a request under regulation 25(7))”.
4
In regulation 6(7) (monitoring programmes), for “reduce the level of monitoring required by the programme” substitute “remove or reduce the monitoring of any parameter, micro-organism, parasite or substance required by that programme”
.
5
In regulation 11(1)(b)(iii) (sampling at treatment works), for “(item 19)” substitute “(item 24)”
.
6
In regulation 13 (sampling: water supplied by tanker)—
a
in paragraph (1), for sub-paragraphs (a) and (b) substitute—
a
when the water is put into that tanker,
b
24 hours after the commencement of the distribution from that tanker, and
c
every 24 hours from then on until the distribution is discontinued.
b
after paragraph (3), insert—
4
This regulation does not apply where the distribution of water in any part of a water supply zone is by mobile tanker.
7
After regulation 13, insert—
Sampling: water supplied by mobile tanker13A
1
Where the distribution of water in any part of a water supply zone is by mobile tanker and is (or is likely to be) an intermittent short-term supply, samples of water from each mobile tanker from which water is to distributed must be taken in accordance with paragraphs (2) and (3).
2
Samples must—
a
be taken—
i
when the water is put into the mobile tanker, and
ii
immediately before the commencement of any distribution of water from that tanker, and
b
be analysed for compliance with residual disinfectant (item 4) in Table 4.
3
Unless paragraph (4) applies, a sample must be taken when the water is put into the mobile tanker and the sample must be analysed for compliance with Escherichia coli (item 2) and Coliform bacteria (item 3) in Table A.
4
Where water is put into the mobile tanker from the same place on at least one other occasion within a period of 24 hours from the sample taken under sub-paragraph (3), a sample is not required to be taken on the second or any subsequent occasion that water is put into that tanker within that period.
5
In regulation 13 and this regulation, “mobile tanker” means a container used to distribute water for human consumption purposes that has been treated and has been transported from one part of the public water supply system to another.
8
In regulation 20(1)(b) (Scottish Water to restore water quality)—
a
in head (i), for “(item 10)” substitute “(item 13)”
,
b
in head (ii), for “(item 15)” substitute “(item 19)”
.
9
In regulation 24(4)(c) (authorisation of temporary supply of water that is not wholesome), for “the Scottish Association of Citizens Advice Bureaux” substitute “Consumer Scotland5”
.
10
In regulation 25 (authorisations: terms and conditions), omit paragraphs (7) and (8).
11
In regulation 26 (authorisations: other limitations), omit “, or a request under regulation 25(7),”.
12
In regulation 27 (authorisations: publicity), omit “or granted in accordance with Article 9(2) of the Directive”.
13
In regulation 28(2)(d) (authorisations: revocation and modification) for “the Scottish Association of Citizens Advice Bureaux” substitute “Consumer Scotland”
.
14
In regulation 31 (procedure following risk assessment and prohibition of supply)—
a
in paragraphs (1), (2) and (5), for “Scottish Ministers”, in each place where it appears, substitute “Drinking Water Quality Regulator for Scotland”
,
b
in paragraph (3)—
i
in the introduction—
aa
for “Scottish Ministers have” substitute “Drinking Water Quality Regulator for Scotland has”
,
bb
for “they” substitute “the Regulator”
,
ii
in sub-paragraphs (a) and (b), for “they consider” substitute “the Regulator considers”
,
iii
in sub-paragraph (e)—
aa
for “Scottish Ministers” substitute “Drinking Water Quality Regulator for Scotland”
,
bb
for “they” substitute “the Regulator”
.
15
In regulation 33(2)(b) (application and introduction of substances and products)—
a
omit “of an EEA state or Turkey”,
b
in head (i), omit from “; and” to the end.
16
In schedule 1 (prescribed concentrations and values)—
a
for Table B (chemical parameters) (and the notes to that table) substitute the table contained in schedule 1 of these Regulations,
b
for Table C (indicator parameters) (and the notes to that table) substitute the table contained in schedule 2 of these Regulations,
c
after Table C (and the notes to that table) (as inserted by paragraph (b))—
i
before the definition of “NTU” insert—
“HAAs” means the sum of the following haloacetic acides: monochloro-, dichloro-, and trichloro-acetic acid, and mono- and dibromo-acetic acid,
ii
in the definition of “Pesticide”—
aa
omit “, molluscicide”,
bb
for “the relevant metabolites” to the end, insert “their metabolites as defined in point (32) of Article 3 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council6 that are relevant metabolites”
,
iii
after the definition of “Pesticides: Total”, insert—
“relevant metabolite” means a pesticide metabolite that has intrinsic properties comparable to those of the parent substance in terms of its pesticide target activity or that either itself or its transformation products generate a health risk for consumers,
Sum of PFAS” means the sum of the following perfluoroalkyl substances considered a concern as regards water intended for human consumption—
Perfluorobutanoic acid,
Perfluoropentanoic acid,
Perfluorohexanoic acid,
Perfluoroheptanoic acid,
Perfluorooctanoic acid,
Perfluorononanoic acid,
Perfluorodecanoic acid,
Perfluoroundecanoic acid,
Perfluorododecanoic acid,
Perfluorotridecanoic acid,
Perfluorobutane sulfonic acid,
Perfluoropentane sulfonic acid,
Perfluorohexane sulfonic acid,
Perfluoroheptane sulfonic acid,
Perfluorooctane sulfonic acid,
Perfluorononane sulfonic acid,
Perfluorodecane sulfonic acid,
Perfluoroundecane sulfonic acid,
Perfluorododecane sulfonic acid,
Perfluorotridecane sulfonic acid,
17
1
Schedule 1A (monitoring: minimum requirements) is amended in accordance with paragraphs (2) to (5).
2
In Part A—
a
after paragraph 2, insert—
2A
1
Each monitoring programme must include an operational monitoring programme that—
a
takes into account any parameter, or micro-organism, parasite or substance, identified as relevant—
i
by virtue of regulation 5(2), or
ii
through a risk assessment under regulation 30,
b
where appropriate, includes monitoring of parameters in accordance with sub-paragraphs (2) and (3), and
c
confirms the effectiveness of all measures in place to control risks to human health throughout the water supply chain (from the catchment area through abstraction, treatment and storage to distribution).
2
Except where turbidity is caused by iron and manganese in groundwater sources, the operational monitoring programme must include monitoring of the parameter turbidity at the treatment works in accordance with the reference values and frequencies in the following table—
Operational parameter
Reference value
Minimum frequency of sampling and analysis
Turbidity at the treatment works
0.3 NTU in 95% of samples and none to exceed 1 NTU
Volume (m3) of water distributed or produced each day within a supply zone
> 0
≤ 1,000
Weekly
> 1,000
≤ 10,000
Daily
> 10,000
Continuous
3
The operational monitoring programme must include monitoring of somatic coliphages in raw water in accordance with the following table—
Operational parameter
Reference value
Unit
Notes
Somatic coliphages
50 (for raw water)
PFU/100ml
This parameter must be measured if the risk assessment under regulation 30 indicates that it is appropriate to do so.
If it is found in raw water at concentrations > 50 PFU/100ml, it must be analysed after steps of the treatment train in order to determine log removal by the barriers in place and to assess whether the risk of a breakthrough of pathogenic viruses is sufficiently under control.
4
In this paragraph—
“NTU” means Nephelometric Turbidity Unit, and
“PFU” means Plaque Forming Unit.
b
in paragraph 3, for “5” substitute “6”
.
3
In Part B, in paragraph 2(a), after “Escherischia coli,”, insert “enterococci,”
.
4
In Part C—
a
in paragraph 2—
i
omit “or” following sub-paragraph (b),
ii
after sub-paragraph (c), insert—
d
a risk assessment has established that raw water—
i
in the catchment area used to abstract water for human consumption purposes, or
ii
as a result of abstraction through the public water supply system,
contains a parameter at a concentration or value which would (whether in conjunction with another parameter in the water or otherwise) constitute a potential danger to human health, or
e
a risk assessment has identified extension of the list of parameters and/or increase of the minimum sampling frequencies as the most appropriate means of mitigating a risk to human health.
b
in paragraph 3—
i
in sub-paragraph (a), after “Escherischia coli”, insert “and enterococci”
,
ii
in sub-paragraph (b), for heads (i) to (iv) substitute—
i
a risk assessment has established that the parameter to be removed from the list of parameters to be monitored under Part B of this schedule, or for which the minimum sampling frequencies are to be reduced, is not present or, as the case may be, is not likely to be present in raw water—
aa
in the catchment area used to abstract water for human consumption purposes, and
bb
as a result of abstraction through the public water supply system,
at a concentration or value which would (whether in conjunction with another parameter in the water or otherwise) constitute a potential danger to human health,
ii
where a parameter from the list of parameters to be monitored under Part B of this schedule can only occur as a result of the treatment technique or disinfection method, that technique or method is not used by Scottish Water, or
iii
the specifications in paragraph 3A are complied with.
c
after paragraph 3 insert—
3A
The specifications are that—
a
the location and frequency of sampling must be determined in relation to the parameter’s origin, as well as the variability and long-term trend of its concentration, taking into account the water quality standards,
b
to reduce the minimum sampling frequency for a parameter under Part B of this schedule, the results obtained from samples collected at regular intervals over a period of at least 3 years from sampling points representative of the whole water supply zone must all be less than 60% of the prescribed concentration or value for the parameter,
c
to remove a parameter from the list of parameters to be monitored under Part B of this schedule, the results obtained from samples collected at regular intervals over a period of at least 3 years from points representative of the whole water supply zone must all be less than 30% of the prescribed concentration or value of the parameter,
d
the removal of a parameter from the list of parameters to be monitored under Part B of this schedule must be based on the result of the risk assessment, informed by the results of monitoring of sources of water and confirming that human health is protected from the adverse effects of any contamination of water, and
e
for a reduction in the minimum sampling frequency for a parameter under Part B of this schedule or removal of a parameter from the list of parameters to be monitored under that Part, the risk assessment confirms that no factor (that can be reasonably anticipated) is likely to cause deterioration of the quality of the water.
3B
Any parameter removed from the list of parameters to be monitored in Part B of this schedule under paragraph 3(b) must be monitored—
a
at least once every six years, and
b
in cases where—
i
a new water source is integrated into the water supply chain (from the catchment area through abstraction, treatment and storage to distribution), or
ii
changes made to the water supply chain are expected to have a potentially adverse effect on the quality of water.
d
in paragraph 4—
i
for sub-paragraph (1), substitute—
1
The minimum sampling frequency for a parameter under Part B of this schedule (including for a micro-organism, parasite or substance referred to in paragraph 2(1)(b) of that Part) may be reduced or any such parameter may be removed from the list of parameters to be monitored under paragraph 3(b), only if the Drinking Water Quality Regulator for Scotland, by notice to Scottish Water, consents in accordance with sub-paragraph (2) to the reduction or removal, and that consent has not been revoked under sub-paragraph (4).
ii
for sub-paragraph (2) substitute—
2
The Drinking Water Quality Regulator for Scotland may consent, under sub-paragraph (1), if the Regulator is satisfied that to do so would not compromise the quality of the water.
iii
in sub-paragraphs (3) and (4), for “(2)(b)”, in each place it occurs, substitute “(1)”
.
5
In Part E, omit paragraph 1(4).
18
1
Schedule 3 (methods of analysis) is amended in accordance with paragraphs (2) to (4).
2
After paragraph 1(2) insert—
3
For the purposes of assessing the equivalence of alternative methods with methods specified in this schedule, Scottish Water may use European standard EN ISO 17994:2014 entitled “Water quality - Requirements for the comparison of the relative recovery of microorganisms by two quantitative methods”7, or European standard EN ISO 16140:2003 entitled “Microbiology of food and animal feeding stuffs - Protocol for the validation of alternative methods”8, or any other similar internationally accepted protocols, to establish the equivalence of methods based on principles, other than culturing, which are beyond the scope of European Standard EN ISO 17994:2014.
3
In paragraph 2 of Part A—
a
omit sub-paragraphs (c) and (e),
b
after sub-paragraph (f) insert—
g
for somatic coliphages, European Standard EN ISO 10705-2:2000 entitled “Water quality — Detection and enumeration of bacteriophages — Part 2: Enumeration of somatic coliphages”9 and European Standard EN ISO 10705-3:2003 entitled “Water quality — Detection and enumeration of bacteriophages — Part 3: Validation of methods for concentration of bacteriophages from water”10 can be used
4
In Part B—
a
in paragraph 1(1), for “Subject to paragraph 3, for” substitute “For”
,
b
omit paragraph 3,
c
for Table 1 (minimum performance characteristic: uncertainty of measurement) and Table 2 (minimum performance characteristics: trueness, precision and limit of detection) and the notes to Table 1 and Table 2, substitute the table contained in schedule 3 of these Regulations.
SCHEDULE 1SUBSTITUTION OF TABLE B IN SCHEDULE 1 OF THE 2014 REGULATIONS
TABLE BCHEMICAL PARAMETERS
(1)
(2)
(3)
(4)
(5)
(6)
Item
Parameter
Concentrat-ion or value (maximum)
Units of measurement
Point of compliance
Notes
Part 1
1.
Acrylamide
0.10
μg/l
Consumer’s tap
Note 1
2.
Antimony
10
μgSb/l
Consumer’s tap
3.
Arsenic
10
μgAs/l
Consumer’s tap
4.
Benzene
1.0
μg/l
Consumer’s tap
5.
Benzo(a)pyrene
0.010
μg/l
Consumer’s tap
6.
Bisphenol A
2.5
μg/l
Consumer’s tap
7.
Boron
1.5
mgB/l
Consumer’s tap
Note 2
8.
Bromate
10
μgBrO3/l
Consumer’s tap
9.
Cadmium
5.0
μgCd/l
Consumer’s tap
10.
Chlorate
0.25
mg/l
Consumer’s tap
Note 3
11.
Chlorite
0.25
mg/l
Consumer’s tap
Note 3
12.
Chromium
50
μgCr/l
Consumer’s tap
13.
Copper
2.0
mgCu/l
Consumer’s tap
14.
Cyanide
50
μgCN/l
Consumer’s tap
15.
1,2-dichloroethane
3.0
μg/l
Consumer’s tap
16.
Epichlorohydrin
0.10
μg/l
Consumer’s tap
Note 1
17.
Fluoride
1.5
mgF/l
Consumer’s tap
18.
HAAs
60
μg/l
Consumer’s tap
Note 4
19.
Lead
10
μgPb/l
Consumer’s tap
20.
Mercury
1.0
μgHg/l
Consumer’s tap
21.
Microcystin-LR
1.0
μg/l
Consumer’s tap
Note 5
22.
Nickel
20
μgNi/l
Consumer’s tap
23.
Nitrate
50
mgNO3/l
Consumer’s tap
Note 6
24.
Nitrite
0.50
mgNO2/l
Consumer’s tap
Note 6
0.10
mgNO2/l
Treatment works
25.
Pesticides—
Aldrin
0.030
μg/l
Consumer’s tap
Dieldrin
0.030
μg/l
Consumer’s tap
Heptachlor
0.030
μg/l
Consumer’s tap
Heptachlor epoxide
0.030
μg/l
Consumers’ tap
Other pesticide
0.10
μg/l
Consumer’s tap
Note 7
26.
Pesticides: total
0.50
μg/l
Consumer’s tap
27.
Sum of PFAS
0.1
μg/l
Consumer’s tap
28.
PAH Total
0.10
μg/l
Consumer’s tap
29.
Selenium
20
μgSe/l
Consumer’s tap
Note 8
30.
Tetrachloroethene and trichloroethene
10
μg/l
Consumer’s tap
Note 9
31.
THM: Total
100
μg/l
Consumer’s tap
32.
Uranium
30
μg/l
Consumer’s tap
33.
Vinyl chloride
0.50
μg/l
Note 10
Part 2
34.
Aluminium
200
μgAl/l
Consumer’s tap
35.
Colour
20
mg/1 Pt/Co
Consumer’s tap
36.
Iron
200
μgFe/l
Consumer’s tap
37.
Manganese
50
μgMn/l
Consumer’s tap
38.
Sodium
200
mgNa/1
Consumer’s tap
39.
Tetrachlorometh-ane
3
μg/l
Consumer’s tap
40.
Turbidity
4
NTU
Consumer’s tap
Notes—
Note 1: The parametric value of 0.10 μg/l 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.
Note 2: A parametric value of 2.4 mgB/l must be applied when desalinated water is the predominant water source of the supply system concerned or in regions where geological conditions could lead to high levels of boron in groundwater.
Note 3: A parametric value of 0.70 mg/l must be applied where a disinfection method that generates this parameter, in particular chlorine dioxide, is used for disinfection of water intended for human consumption. This parametric value applies only if such disinfection methods are used.
Note 4: This parameter must be measured only when disinfection methods that can generate HAAs are used for the disinfection of water intended for human consumption.
Note 5: This parameter must be measured only in the event of potential blooms in source water (increasing cyanobacterial cell density or bloom forming potential).
Note 6: See also regulation 4(2)(c).
Note 7: The corresponding parametric value applies to each “other pesticide” individually.
Note 8: A parametric value of 30 μg/l must be applied for regions where geological conditions could lead to high levels of selenium in groundwater.
Note 9: The sum of concentrations of these two parameters.
Note 10: The parametric value of 0.50 μg/l 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.
SCHEDULE 2SUBSTITUTION OF TABLE C IN SCHEDULE 1 OF THE 2014 REGULATIONS
TABLE CIndicator Parameters
(1)
(2)
(3)
(4)
(5)
(6)
Item
Parameter
Concentration or value (maximum) or state
Units of measurement
Point of monitoring
Notes
Part 1
1.
Ammonium
0.50
mgNH4/1
Consumer’s tap
2.
Chloride
250
mgCl/1
Supply point
Note 3
3.
Clostridium perfringens (including spores)
0
Number/100ml
Supply point
Note 4
4.
Coliform bacteria
0
Number/100ml
Consumer’s tap
Note 5
5.
Colony count
No abnormal change
Number/1ml at 22°C
Consumer’s tap, service reservoir and treatment works
6.
Colour
Acceptable to consumers and no abnormal change
Consumer’s tap
7.
Conductivity
2500
μS/cm at 20°C
Supply point
Note 6
8.
Hydrogen ion
9.5
pH value
Consumer’s tap
Notes 6 and 7
6.5 (minimum)
9.
Odour
Acceptable to consumers and no abnormal change
Consumer’s tap
10.
Sulphate
250
mgSO4/l
Supply point
Note 3
11.
Taste
Acceptable to consumers and no abnormal change
Consumer’s tap
12.
Total organic carbon
No abnormal change
mgC/1
Supply point
Note 8
13.
Turbidity
1
NTU
Treatment works
Part 2
14.
Indicative dose
0.10
mSv
Supply point
15.
Radon
100
Bq/l
Supply point
Note 9
16.
Tritium
100
Bq/l
Supply point
Note 10
Notes—
Note 1: Water must not be aggressive or corrosive. This applies particularly to water undergoing treatment (demineralisation, softening, membrane treatment, reverse osmosis, etc.).
Note 2: Where water intended for human consumption is derived from treatment that significantly demineralises or softens water, calcium and magnesium salts could be added to condition the water in order to reduce any possible negative health impact, as well as to reduce the corrosiveness or aggressivity of water and to improve taste. Minimum concentrations of calcium and magnesium or total dissolved solids in softened or demineralised water could be established taking into account the characteristics of water that enters those processes.
Note 3: The water must not be corrosive.
Note 4: This parameter must be measured if a risk assessment under regulation 30(2) indicates that it is appropriate to do so.
Note 5: For water put into bottles or containers (which is not intended for sale for drinking by humans), the unit is number/250ml.
Note 6: The water must not be aggressive.
Note 7: For water put into bottles or containers (which is not intended for sale for drinking by humans), the minimum value is 4.5 pH units.
Note 8: This parameter need not be measured for supplies of less than 10,000 m³ a day.
Note 9: Remedial action is to be deemed justified on radiological protection grounds, without further consideration where radon concentrations exceed 1,000 Bq/l.
Note 10: If the concentration of tritium exceeds this value, an analysis of the presence of other artificial radionuclides must also be carried out by Scottish Water.
SCHEDULE 3SUBSTITUTION OF TABLE 1 IN SCHEDULE 3 OF THE 2014 REGULATIONS
Minimum performance characteristic: uncertainty of measurement
Parameter
Uncertainty of measurement (% of prescribed concentration or value, except pH) (Note 1)
Notes
Aluminium
25
Ammonium
40
Acrylamide
30
Antimony
40
Arsenic
30
Benzo(a)pyrene
50
Note 2
Benzene
40
Bisphenol A
50
Boron
25
Bromate
40
Cadmium
25
Chloride
15
Chlorate
40
Chlorite
40
Chromium
30
Conductivity
20
Copper
25
Cyanide
30
Note 3
1,2-dichloroethane
40
Epichlorohydrin
30
Fluoride
20
HAAs
50
Hydrogen ion concentration (in pH)
0.20
Note 4
Iron
30
Lead
30
Manganese
30
Mercury
30
Microcystin-LR
30
Nickel
25
Nitrate
15
Nitrite
20
Oxidisability
50
Note 5
Pesticides
30
Note 6
PFAS
50
Polycyclic aromatic hydrocarbons
40
Note 7
Selenium
40
Sodium
15
Sulphate
15
Tetrachloroethene
40
Note 8
Trichloroethene
40
Note 8
Trihalomethanes – total
40
Note 7
Total organic carbon
30
Note 9
Turbidity
30
Note 10
Uranium
30
Vinyl chloride
50
Notes—
Note 1: Uncertainty of measurement is a non-negative parameter characterising the dispersion of the quantity values being attributed to a measurand, based on the information used. The performance criterion for measurement uncertainty (k = 2) is the percentage of the parametric value stated in the table or any stricter value. The uncertainty of measurement must be estimated at the level of the parametric value, unless otherwise specified.
Note 2: If the value of uncertainty of measurement cannot be met, the best available technique must be selected (up to 60%).
Note 3: The method determines total cyanide in all forms.
Note 4: The value for the uncertainty of measurement is expressed in pH units.
Note 5: Reference method European standard EN ISO 8467:1995 entitled “ Water quality - Determination of permanganate index (ISO 8467:1993)” 11.
Note 6: The performance characteristics for individual pesticides are given as an indication. Values for the uncertainty of measurement as low as 30 % can be achieved for several pesticides, higher values up to 80% may be allowed for a number of pesticides.
Note 7: The performance characteristics apply to individual substances, specified at 25% of the prescribed concentration or value for the corresponding parameter in Table B.
Note 8: The performance characteristics apply to individual substances, specified at 50% of the prescribed concentration or value for the corresponding parameter in Table B.
Note 9: The uncertainty of measurement must be estimated at the level of 3 mg/l of the total organic carbon in accordance with European standard EN 1484:1997 entitled “ Water analysis - Guidelines for the determination of total organic carbon and dissolved organic carbon” 12.
Note 10: The uncertainty of measurement must be estimated at the level of 1.0 nephelometric turbidity units in accordance with European standard EN ISO 7027-1:2016 entitled “ Water quality - Determination of turbidity - Part 1: Quantitative methods (ISO 7027-1:2016)” 13 or another equivalent standard method.
(This note is not part of the Regulations)