S.I. No. 160/2016 - European Union (Radioactive Substances in Drinking Water) Regulations 2016.

1. Monitoring for compliance with the ID

Various reliable screening strategies may be used to indicate the presence of radioactivity in water intended for human consumption. These strategies may include screening for certain radionuclides, or screening for an individual radionuclide, or gross alpha activity or gross beta activity screening.

(

a

) Screening for certain radionuclides, or screening for an individual radionuclide

If one of the activity concentrations exceeds 20% of the corresponding derived value or the tritium concentration exceeds its parametric value listed in Part I, an analysis of additional radionuclides shall be required. The radionuclides to be measured shall be defined by the Agency taking into account all relevant information about likely sources of radioactivity.

(

b

) Screening strategies for gross alpha activity and gross beta activity

Screening strategies may be used for gross alpha activity and gross beta activity

1

to monitor for the parametric indicator value for ID.

For this purpose gross alpha activity or gross beta activity screening levels shall be set. The recommended screening level for gross alpha activity is 0.1 Bq/l. The recommended screening level for gross beta activity is 1.0 Bq/l.

If the gross alpha activity and gross beta activity are less than 0.1 Bq/l and 1.0 Bq/l respectively, it is assumed that the ID is less than the parametric value of 0.1 mSv and radiological investigation is not needed unless it is known from other sources of information that specific radionuclides are present in the water that are liable to cause an ID in excess of 0.1 mSv.

If the gross alpha activity exceeds 0.1 Bq/l or the gross beta activity exceeds 1.0 Bq/l, analysis for specific radionuclides shall be required.

Alternative screening levels may be set for gross alpha activity and gross beta activity where they can demonstrate that the alternative levels are in compliance with an ID of 0.1 mSv.

The radionuclides to be measured shall be defined by the Agency taking into account all relevant information about likely sources of radioactivity. Since elevated levels of tritium may indicate the presence of other artificial radionuclides, tritium, gross alpha activity and gross beta activity should be measured in the same sample.

2. Calculation of the ID

The ID shall be calculated from the measured radionuclide concentrations and the dose coefficients laid down in Annex III, Table A of Directive 96/29/Euratom or more recent information recognised by the Agency, on the basis of the annual intake of water (730 l for adults). Where the following formula is satisfied, it may be assumed that the ID is less than the parametric value of 0.1 mSv and no further investigation shall be required

where

C

i

(obs) = observed concentration of radionuclide

i

C

i

(der) = derived concentration of radionuclide

i

n

= number of radionuclides detected.

Derived concentrations for radioactivity in water intended for human consumption

1

3. Performance characteristics and methods of analysis

For the following parameters and radionuclides, the method of analysis used must, as a minimum, be capable of measuring activity concentrations with a limit of detection specified below

Note 1: The limit of detection shall be calculated according to the ISO standard 11929 or equivalent: Determination of the characteristic limits (decision threshold, detection limit and limits of the confidence interval) for measurements of ionising radiation — Fundamentals and application, with probabilities of errors of 1st and 2nd kind of 0,05 each.

Note 2: Measurement uncertainties shall be calculated and reported as complete standard uncertainties, or as expanded standard uncertainties with an expansion factor of 1,96, according to the ISO Guide for the Expression of Uncertainty in Measurement.

Note 3: The limit of detection for tritium and for radon is 10% of its parametric value of 100 Bq/l.

Note 4: The limit of detection for gross alpha activity and gross beta activities are 40% of the screening values of 0,1 and 1,0 Bq/l respectively.

Note 5: This limit of detection applies only to initial screening for ID for a new water source; if initial checking indicates that it is not plausible that Ra-228 exceeds 20% of the derived concentration, the limit of detection may be increased to 0,08 Bq/l for routine Ra-228 nuclide specific measurements, until a subsequent re-check is required.

GIVEN under my Official Seal,

1 April 2016.

ALAN KELLY,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

The purpose for which these Regulations are made is to lay down requirements for the protection of health of the general public with regard to radioactive substances in drinking water. They include requirements regarding monitoring for radioactive substances in drinking water and address the provision of information to the public.

1 O.J. No. L330/32, 5.12.1998

2 O.J. No. L 296/12 7.11.2013

3 O.J. No. L311/67, 28.11.2001

1Where appropriate, gross beta activity may be replaced by residual beta activity after subtraction of the K-40 activity concentration.

1 This table includes values for the most common natural and artificial radionuclides; these are precise values, calculated for a dose of 0.1 mSv, an annual intake of 730 litre and using the dose coefficients laid down in Annex III, Table A of Directive 96/29/Euratom; derived concentrations for other radionuclides can be calculated on the same basis, and values can be updated on the basis of more recent information recognised by the competent authorities in the Member State.

4. Indicative dose

Monitoring of water intended for human consumption for the ID shall be carried out where a source of artificial or elevated natural radioactivity is present and it cannot be shown on the basis of other representative monitoring programmes or other investigations that the level of ID is below the parametric value listed in Part I. Where monitoring for artificial radionuclide levels is required, it shall be carried out at the frequency indicated in table A. Where monitoring for natural radionuclide levels is required, the Agency shall determine the frequency of the monitoring of either gross alpha activity, gross beta activity or individual natural radionuclides depending on the screening strategy adopted by it (according to Part 3 of the Schedule). The monitoring frequency may vary from a single check measurement to the frequencies indicated in the table appearing in table A. Where only a single check for natural radioactivity is required, a recheck shall be required at least where any change occurs in relation to the supply likely to influence the concentrations of radionuclides in water intended for human consumption.

5. Water treatment

Where treatment to reduce the level of radionuclides in water intended for human consumption has been taken, monitoring shall be carried out at the frequencies indicated in table A to ensure the continued efficacy of that treatment.

6. Minimum sampling and analysis frequencies

The minimum sampling and analysis frequency for the monitoring of water intended for human consumption supplied from a distribution network or from a tanker or used in a food production undertaking shall be as set out in the following table

Table A

Minimum sampling and analysis frequencies for monitoring of water intended for human consumption supplied from a distribution network or from a tanker or used in a food production undertaking

Note 1: 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.

Note 2: The volumes are calculated as averages taken over a calendar year. The number of inhabitants in a supply zone may be used instead of the volume of water to determine the minimum frequency, assuming a water consumption of 200l/day/capita.

Note 3: As far as possible, the number of samples should be distributed equally in time and location.

Note 4: In the event of intermittent short-term supply the monitoring frequency of water distributed by tankers is to be decided by the water supplier concerned.

Note 5: The frequency is to be decided by the supervisory authority, subject to any relevant guidance issued by the Agency.

7. Averaging

Where a parametric value is exceeded in a particular sample, the supervisory authority, subject to any relevant guidance issued by the Agency shall define the extent of resampling necessary to ensure that the measured values are representative of an average activity concentration for a full year.

Part 3

MONITORING FOR INDICATIVE DOSE AND ANALYTICAL PERFORMANCE CHARACTERISTICS

8. (1) Having exercised such of its powers under these Regulations as it considers appropriate, and having considered any information furnished to it or otherwise coming into its possession in consequence of that exercise, each supervisory authority shall, with a view to achieving satisfactory compliance of water supplied for human consumption from a radiation protection point of view with the requirements of these Regulations do all or any of the following

(

a

) issue such direction to a water supplier, as it considers necessary;

(

b

) provide, on such terms and conditions as may be agreed, such assistance or support as the supervisory authority considers, in consultation with the water supplier, would be helpful.

(2) Where a water supplier fails to comply with a direction issued under paragraph (1), the supervisory authority may carry out, cause to be carried out, or arrange for, such action as it considers necessary to ensure compliance with that direction, and the costs of such action may be recovered by the authority from the water supplier concerned as a simple contract debt in any court of competent jurisdiction.

Information in case of exempted supplies.

9. (1) Each relevant local authority shall take measures, in accordance with guidelines issued by the Agency, to notify the population served by an exempted supply of—

(

a

) the fact that these Regulations do not apply to such supply, and

(

b

) action that can be taken to protect human health from a radiation protection point of view of water intended for human consumption, and

(2) Where it is apparent to a local authority that a potential danger to human health arises from the quality of an exempted supply from a radiation protection point of view, it shall, in accordance with guidelines issued by the Agency, ensure that the consumers of that supply are given appropriate advice promptly.

(3) The Agency may issue guidelines for the purposes of paragraphs (1) or (2), which shall be binding.

(4) A local authority commits an offence if it fails to comply with paragraphs (1) or (2).

Directions.

10. (1) A supervisory authority may give such directions as it considers appropriate for the purposes of its functions under these Regulations.

(2) A person commits an offence if that person fails to comply with a direction under paragraph (1).

Injunctive relief.

11. (1) Where, on application by a supervisory authority to the High Court, the Court is satisfied that a person has failed to comply with a direction or a requirement of, or under, these Regulations, the Court may by order—

(

a

) direct the person to comply with the direction or requirement, and

(

b

) make such other provision, including provision in relation to the payment of costs, as the Court considers appropriate.

(2) An application for an order under this Regulation shall be by motion, and the High Court, when considering the matter, may make such interim or interlocutory order as it considers appropriate.

(3) An application for an order under this Regulation may be made whether or not there has been a prosecution for an offence under these Regulations in relation to the activity concerned, and shall not prejudice the initiation of a prosecution for an offence under these Regulations in relation to the activity concerned.

Powers of authorised persons.

12. (1) An authorised person may at all reasonable times, or at any time if that person has reasonable grounds for believing that there is or may be a risk to human health or life from radiation protection point of view, enter any premises for the purposes of these Regulations, and bring on to those premises such other persons or equipment, and carry out such work as that authorised person may consider necessary.

(2) When exercising the powers conferred under these Regulations, an authorised person shall, if so required, provide evidence of the authorised person’s authority.

(3) A person commits an offence if he or she—

(

a

) refuses to allow an authorised person on to a premises, or to allow an authorised person to bring any other person or equipment with him or her on to a premises or carry out any work in the exercise of the authorised person’s powers under these Regulations,

(

b

) obstructs or impedes an authorised person in the exercise of the authorised person’s powers,

(

c

) gives to an authorised person information which, to the knowledge of the person giving it, is false or misleading in a material respect, or

(

d

) fails or refuses to comply with a direction or requirement of an authorised person.

Charges by supervisory authorities.

13. (1) A supervisory authority may charge for monitoring the quality of water supplies intended for human consumption from a radiation protection point of view.

(2) A charge made by a supervisory authority by virtue of paragraph (1) shall be of such amount as the authority considers appropriate, but shall not exceed the cost of such monitoring.

(3) A supervisory authority may recover the amount of any charge made by it under paragraph (1) as a simple contract debt in any court of competent jurisdiction.

Offences by bodies corporate.

14. (1) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or of a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if that person was guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member was a director of the body corporate.

Prosecutions and penalties.

15. (1) A prosecution for an offence under these Regulations may be taken by the Agency, Irish Water or relevant local authority, as appropriate.

(2) A person guilty of an offence under Regulation 5(8), 6(5), 6(6), 7(3), 7(8), 9(4), 10(2) or 12(3) is liable—

(

a

) on summary conviction, to a Class A fine or imprisonment for a term not exceeding 3 months, or both, or

(

b

) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 3 years, or both.

SCHEDULE

Part 1

PARAMETRIC VALUES

Note 1: Remedial action is deemed to be justified on radiological protection grounds, without further consideration, where radon concentrations exceed 1000 Bq/l.

Note 2: Elevated levels of tritium may indicate the presence of other artificial radionuclides. If the tritium concentration exceeds its parametric value, an analysis of the presence of other artificial radionuclides shall be required.

Part 2

MONITORING OF RADIOACTIVE SUBSTANCES