The Water Supply (Water Quality) Regulations 2001 (revoked)

E+W

Welsh Statutory Instruments

2001 No. 3911 (W.323)

WATER, ENGLAND AND WALES

The Water Supply (Water Quality) Regulations 2001

Made

7th December 2001

Laid before Parliament

10th December 2001

Coming into force in accordance with regulation 1(2) to (5)

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 67, 69, and 213(2) of the Water Industry Act 1991M1, and, in relation to Wales, section 77(3) and (4) of that ActM2, and in exercise of all other powers enabling it in that behalf, hereby makes the following Regulations:

Marginal Citations

M11991 c.56. Section 213 is amended by the Competition and Service (Utilities) Act 1992 (c.43). Functions under section 67 of the Water Industry Act 1991 for making regulations concerning water supplied by water undertakers, and functions under section 69 of that Act were transferred to the National Assembly for Wales in relation to any water undertaker whose area is wholly or mainly in Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), Schedule 1, as substituted by S.I. 2000/253, Schedule 3. Functions under section 213 of the Water Industry Act 1991 are exercisable by the National Assembly for Wales to the same extent as the powers, duties and other provisions to which that section applies are exercisable by the Assembly; see S.I. 1999/672, Schedule 1, as substituted by S.I. 2000/253, Schedule 3.

M2Functions under section 77(3) and (4) of the Water Industry Act 1991 are transferred to the National Assembly for Wales, so far as exercisable in relation to Wales, by S.I. 1999/672, Schedule 1, as substituted by S.I. 2000/253, Schedule 3.

PART IE+W GENERAL

Citation, commencement and applicationE+W

1.—(1) These Regulations may be cited as the Water Supply (Water Quality) Regulations 2001.

(2) This regulation, regulations 2, 25, 27 to 29, 39, 40 and 41, paragraph (1) of regulation 43, and so much of regulation 33 as relates to any contravention of paragraph (9) of regulation 28 or any contravention of a provision of regulation 29, shall come into force on 1st January 2002.

(3) Regulations 3 and 42 shall come into force on 1st June 2003.

(4) Regulations 4 and 17 to 24, paragraphs (4) and (5) of regulation 30, and paragraph (2) of regulation 43, shall come into force on 25th December 2003.

(5) All other provisions of these Regulations shall come into force on 1st January 2004.

(6) Parts I to VIII, X and XI of these Regulations apply in relation to the supply of water by water undertakers whose areas are wholly or mainly in Wales.

(7) Part IX of these Regulations applies to local authorities in Wales, as regards the discharge of functions under that Part in relation to water undertakers—

(a)whose area is situated wholly in Wales; or

(b)whose area is situated partly in England and partly in Wales, as regards the part situated in Wales.

InterpretationE+W

2.—(1) In these Regulations—

  • “the Act” means the Water Industry Act 1991;

  • “the 1989 Regulations” means the Water Supply (Water Quality) Regulations 1989 F1;

  • “appropriate local authority” and “appropriate health authority”, in relation to a departure authorised under regulation 20 or 21, or an application for any such authorisation, means the local authority and the health authority, respectively, whose area contains any part of the water supply zone to which the authorisation relates or, in the case of an application, would apply if a departure were authorised in the terms sought;

  • “blending point” means a point at which water originating from two or more sources and treated for the purposes of their supply for regulation 4(1) purposes are combined under conditions that are designed to secure that, after such combination, the requirements of paragraph (2) of regulation 4 are met;

  • “Chapter III” means Chapter III (quality and sufficiency of supplies) of Part III (water supply) of the Act;

  • “consumer” means a person to whom water is supplied for regulation 4(1) purposes by a water undertaker in the discharge of its duties under Chapter III;

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

  • “groundwater” means water contained in underground strata; and section 221(3) of the Water Resources Act 1991 F2 shall have effect for the purpose of this definition as it has effect for the purpose of construing references in that Act to water contained in underground strata;

  • “health authority” means an authority established by Order under section 8 (health authorities) of the National Health Service Act 1977 F3 to act for an area in Wales;

  • “indicator parameter” means a parameter listed in Schedule 2;

  • “local authority” means any of the following—

    (a)

    in Wales, the council of a county or county borough, and

    (b)

    in England, a district council or the council of a county in which there are no district councils;

  • “parameter” means a property, element, organism or substance listed in the second column of Table A or Table B in Schedule 1 to these Regulations, or in Schedule 2, as read, where appropriate, with the notes to Schedule 2 and those Tables;

  • “pesticides and related products” means—

    (a)

    any organic insecticide;

    (b)

    any organic herbicide;

    (c)

    any organic fungicide;

    (d)

    any organic nematocide;

    (e)

    any organic acaricide;

    (f)

    any organic algicide;

    (g)

    any organic rodenticide;

    (h)

    any organic slimicide, and

    (i)

    any 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 Table A or Table B 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;

  • “regulation 4(1) purposes”, in relation to the supply of water, means a supply—

    (a)

    for such domestic purposes as consist in or include, cooking, drinking, food preparation or washing; or

    (b)

    for any of those domestic purposes, to premises in which food is produced;

  • “relevant customer services committee”, in relation to a water undertaker, means the committee maintained under section 28 (customer service committees) of the Act F4 and for the time being exercising functions in relation to that water undertaker or, where more than one committee exercises functions in relation to a particular water undertaker, the committee to which the water undertaker reports in relation to the matter in question;

  • “sampling point”—

    (a)

    in relation to water supplied from a distribution network, means a point, being a consumer’s tap, that is selected for the purposes of Part IV of these Regulations;

    (b)

    in relation to water supplied from a tanker, means the point at which the water emerges from the tanker;

  • “specification”, in relation to an indicator parameter, means the concentration, value or state, shown as applicable to that parameter in Schedule 2 as measured by reference to the unit of measurement so shown;

  • “state”, in relation to an indicator parameter, means the state specified in relation to that parameter in Schedule 2 as measured by reference to the unit of measurement so specified;

  • “supply point” means a blending point, service reservoir, treatment works or other point, not being a sampling point, which the National Assembly for Wales authorises for the purposes of regulation 6;

  • “water supply zone”, in relation to a water undertaker and a year, means an area designated for that year by the water undertaker in accordance with regulation 3; and

  • “year” means calendar year.

(2) Other expressions used both in these Regulations and in Council Directive 98/83/EC (on the quality of water intended for human consumption) F5 have the same meaning in these Regulations as they have in that Directive.

(3) Subject to paragraph (4), references in these Regulations to a service reservoir are references to any structure, other than a structure at a treatment works, in which a reserve of water that has been treated with a view to complying with the requirements of regulation 4 is contained and stored for the purpose of meeting a variable demand for the supply of water.

(4) Where references in these Regulations to a service reservoir would, but for this paragraph, include references to a structure comprising more than one compartment—

(a)each compartment which has its own water inlet and water outlet and is not connected hydraulically to any other compartment shall be treated as a single service reservoir;

(b)the compartments that are connected hydraulically shall be treated as a single service reservoir; and

(c)unless all of the compartments are connected hydraulically, the structure as a whole shall not be treated as a service reservoir.

F1S.I. 1989/1147, amended by S.I. 1989/1384, 1991/1837, and 2790, 1996/3001 and 1999/1524.

F31977 c.49. Section 8 was substituted by the Health Authorities Act 1995 (c.17), section 1.

F4See, as to the functions of customer services committees, section 29 of the Water Industry Act 1991.

F5O.J. L330, 5.12.98, p.32.

PART IIE+W WATER SUPPLY ZONES

Water supply zonesE+W

3.—(1) Before the beginning of each year in which it intends to supply water for regulation 4(1) purposes, a water undertaker shall designate the names and areas within its area of supply that are to be its water supply zones for that year.

(2) A water supply zone may not comprise an area whose population immediately before the beginning of the year in question is estimated by the water undertaker to exceed 100,000.

(3) A water undertaker may not vary a designation under paragraph (1) after the beginning of the year in relation to which the designation has effect.

PART IIIE+W WHOLESOMENESS

WholesomenessE+W

4.—(1) Water supplied—

(a)for such domestic purposes as consist in or include, cooking, drinking, food preparation or washing; or

(b)to premises in which food is produced,

shall, subject to paragraphs (4) and (5), be regarded as wholesome for the purposes of Chapter III, as it applies to the supply of water for those domestic purposes, if the requirements of paragraph (2) are satisfied.

(2) The requirements of this paragraph are—

(a)that the water does not contain—

(i)any micro-organism (other than a parameter listed in Schedule 1) or parasite; or

(ii)any substance (other than a parameter listed in Schedule 1),

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;

(c)that the water does not contain concentrations or values of the parameters listed in Tables A and B in Schedule 1 in excess of or, as the case may be, less than, the prescribed concentrations or values;

(d)that the water satisfies the formula [nitrate]/50 + [nitrite]/33 1, where the square brackets signify the concentrations in mg/l for nitrate (NO3) and nitrite (NO2).

(3) The point at which the requirements of paragraph (2), in so far as they relate to the parameters set out in Part I of Table A and in Table B in Schedule 1 are to be complied with is—

(a)in the case of water supplied from a tanker, the point at which the water emerges from the tanker;

(b)in any other case, the consumer’s tap.

(4) Water supplied for regulation 4(1) purposes shall not be regarded as wholesome for the purposes of Chapter III if, on transfer from a treatment works for supply for those purposes—

(a)it contains a concentration of the coliform bacteria orE. coli parameter (items 1 and 2 in Part II of Table A in Schedule 1) in excess of the prescribed concentrations; or

(b)it contains a concentration of nitrite in excess of 0.1mg NO2/l .

(5) Subject to paragraph (6), water supplied for regulation 4(1) purposes shall not be regarded as wholesome for the purposes of Chapter III if, on transfer from a service reservoir for supply for those purposes, it contains a concentration of the coliform bacteria orE.coli parameter in excess of the prescribed concentrations.

(6) Water transferred from a service reservoir for supply for regulation 4(1) purposes shall not be regarded as unwholesome for the purposes of Chapter III because the maximum concentration for the coliform bacteria parameter is exceeded if, as regards the samples taken in any year in which the reservoir in question is in use, the results of analysis for that parameter establish that in at least 95 per cent of those samples coliforms were absent.

PART VIE+W INVESTIGATIONS, AUTHORISATION OF DEPARTURES AND REMEDIAL ACTION

Investigations: Schedule 1 parametersE+W

17.—(1) Subject to paragraph (3), where a water undertaker has reason to believe that water supplied by it for regulation 4(1) purposes—

(a)fails, or is likely to fail, to satisfy a requirement of paragraph (2) of regulation 4; or

(b)is to be regarded as unwholesome by virtue of paragraph (4) of that regulation; or

(c)if paragraph (6) of that regulation were ignored, would be regarded as unwholesome by virtue of paragraph (5) of that regulation,

the water undertaker shall immediately take such steps as are necessary to identify the matters specified in paragraph (2) below.

(2) The matters referred to in paragraph (1) are—

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

(b)the Schedule 1 parameters in respect of which the prescribed concentration or value 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 concentration or value is attributable—

(i)to the domestic distribution system;

(ii)to the maintenance of that system; or

(iii)to neither of those matters.

(3) Where a departure has been authorised under Part VI—

(a)paragraph (1) shall apply only in respect of the Schedule 1 parameters (if any) that are not specified in the authorisation; and

(b)a water undertaker which has reason to believe that water supplied by it for regulation 4(1) purposes fails, or is likely to fail, to satisfy the concentration or value required by the authorisation in relation to any Schedule 1 parameter, shall immediately take such steps as are necessary to identify the matters specified in paragraph (4).

(4) The matters referred to in paragraph (3) are—

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

(b)the Schedule 1 parameters in respect of which the required concentration or value 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 that concentration or value is attributable—

(i)to the domestic distribution system;

(ii)to the maintenance of that system; or

(iii)to neither of those matters.

(5) As soon as may be after the matters specified in paragraph (2) or (4), as the case may be, have been identified, the water undertaker shall notify the National Assembly for Wales—

(a)of those matters;

(b)in relation to each parameter identified in accordance with paragraph (2)(b) or (4)(b), whether it is the opinion of the water undertaker that a failure in respect of that parameter is likely to recur; and

(c)of the action (if any) taken by the water undertaker in relation to a failure which is attributable to the domestic distribution system or the maintenance of that system.

(6) Where the water undertaker has identified a failure attributable to the domestic distribution system or to the maintenance of that system, it shall, at the same time as notification is given under paragraph (5)—

(a)by notice in writing to those of its consumers—

(i)to whom it supplies water for regulation 4(1) purposes; and

(ii)who are likely to be affected by the failure,

inform them of the nature of the failure and provide details of the steps (if any) that, in the opinion of the water undertaker, it is necessary or desirable for those consumers to take in the interests of their health; and

(b)send a copy of that notice to the National Assembly for Wales and to each appropriate local authority.

(7) A water undertaker which has complied with the requirements of paragraphs (5) and (6) need not, in respect of the same failure or apprehended failure, comply with the requirements of regulation 35(9).

(8) Where such a failure as is mentioned in paragraph (6) affects the supply of water to the public in premises in which water is so supplied, the water undertaker shall, as soon as may be, notify such persons as the National Assembly for Wales may from time to time determine for the purposes of this paragraph of the matters of which notice is given to consumers in accordance with paragraph (6)(a).

(9) Where such a failure as is mentioned in paragraph (1) relates to the copper or lead parameter, the water undertaker shall, as soon as reasonably practicable after the occurrence, modify or replace such of its pipes and their associated fittings as it knows or has reason to believe have the potential for contributing to copper or lead in the water supplied to the premises, so as to eliminate that potential (whether or not the presence of copper or lead in those pipes contributed to the failure).

Investigations: indicator parametersE+W

18.—(1) Where a water undertaker has reason to believe that water supplied by it for regulation 4(1) purposes does not meet the specifications for indicator parameters set out in Schedule 2, it shall take such steps as are necessary to identify—

(a)the reason why the specifications are not met;

(b)the indicator parameters in respect of which the specifications are not met; and

(c)if the specification for the coliform bacteria or colony counts parameter (items 4 and 5 in Schedule 2) is not met, whether the inability to meet that specification is attributable—

(i)to the domestic distribution system;

(ii)to the maintenance of that system; or

(iii)to neither of those matters.

(2) As soon as may be after the matters specified in paragraph (1) have been identified, the water undertaker shall notify the National Assembly for Wales—

(a)of those matters; and

(b)in relation to each parameter identified in accordance with paragraph (1)(b), whether it is the opinion of the water undertaker that a recurrence of the inability to meet the specification in respect of that parameter is likely.

(3) Where, in a case to which paragraph (1)(c) applies, the inability to meet the specification has been identified as attributable to the domestic distribution system or to the maintenance of that system, the water undertaker shall, at the same time as notification is given under paragraph (2)—

(a)by notice in writing to those of its consumers—

(i)to whom it supplies water for regulation 4(1) purposes; and

(ii)who are likely to be affected,

inform them of the nature of the problem and provide details of the steps (if any) that, in the opinion of the water undertaker, it is necessary or desirable for those consumers to take in the interests of their health; and

(b)send a copy of that notice to the National Assembly for Wales and to each appropriate local authority.

(4) Where such an inability as is mentioned in paragraph (3) is, in the opinion of the water undertaker, likely to affect the supply of water to the public in premises in which water is so supplied, it shall, at the same time as notice is given under paragraph (2), notify such persons as the National Assembly for Wales may from time to time determine for the purposes of this paragraph of the matters of which notice is given to consumers in accordance with paragraph (3)(a).

Action by National Assembly for WalesE+W

19.—(1) Where—

(a)a notification given in accordance with paragraph (5) of regulation 17 in the circumstances mentioned in paragraph (1) of that regulation (including that paragraph as read with paragraph (3)(a) of that regulation) discloses—

(i)a failure in respect of a parameter specified in Part II of Table A or in Table B in Schedule 1; and

(ii)that the failure is not attributable to the domestic distribution system or the maintenance of that system; and

(b)it appears to the National Assembly for Wales that the failure is not trivial and is likely to recur,

the National Assembly for Wales may, by notice in writing to the water undertaker, require the water undertaker to seek a departure in accordance with regulation 20.

(2) The exercise by the National Assembly for Wales of the power conferred by paragraph (1) shall not preclude the exercise by it, in relation to the same circumstances, of the power conferred by section 18 of the Act.

(3) Where—

(a)a notification given in accordance with paragraph (5) of regulation 17 in the circumstances mentioned in paragraph (3)(b) of that regulation discloses—

(i)a failure in relation to any parameter specified in Part II of Table A or in Table B in Schedule 1; and

(ii)that the failure is not attributable to the domestic distribution system or the maintenance of that system; and

(b)it appears to the National Assembly for Wales that the failure in respect of that parameter is not trivial and is likely to recur,

the National Assembly for Wales shall consider whether the terms of the authorisation under regulation 20 should be modified.

(4) Where—

(a)a notification given in accordance with regulation 18(2) discloses an inability to meet the specification applicable to an indicator parameter; and

(b)the National Assembly for Wales considers that the inability poses a risk to human health;

the National Assembly for Wales may, by notice in writing to the water undertaker, require the water undertaker to take such steps as may be determined by the National Assembly for Wales and specified in the notice.

(5) It shall be the duty of a water undertaker to which a notice under paragraph (4) has been given to take the steps specified in the notice.

Authorisation of temporary supply of water that is not wholesomeE+W

20.—(1) Subject to paragraph (2), the National Assembly for Wales may, upon the written application of a water undertaker, authorise in accordance with regulation 21 a departure from the provisions of Part III of these Regulations in so far as they relate to—

(a)a parameter specified in Part II of Table A or in Table B in Schedule 1; and

(b)the supply of water by that undertaker in any of its water supply zones.

(2) The National Assembly for Wales shall not authorise a departure under paragraph (1) unless it is satisfied—

(a)that the authorisation is necessary to maintain in that zone a supply of water for regulation 4(1) purposes;

(b)that a supply of water for those purposes cannot be maintained in that zone by any other reasonable means; and

(c)that the supply of water in accordance with the authorisation does not constitute a potential danger to human health.

(3) A water undertaker shall provide with its application—

(a)a statement—

(i)of the grounds on which the authorisation is sought;

(ii)of the water supply zone in respect of which the authorisation is sought;

(iii)of the parameters in respect of which the prescribed concentration or value cannot be met;

(iv)in respect of each parameter to which paragraph (iii) applies, of the results of the analysis of the samples taken in the water supply zone in question during the 12 months immediately preceding the first day on which the prescribed concentration or value could not be met;

(v)in respect of each parameter to which paragraph (iii) applies, of the results of the analysis of the samples (if any) taken in the water supply zone in question between the first day on which the prescribed concentration or value could not be met and the date of the application;

(vi)of the average daily quantity of water supplied to that zone or, if that quantity cannot readily be ascertained, of the average daily quantity of water supplied from the treatment works that supplies water to that zone;

(vii)of the estimated population of that zone;

(viii)as to whether, if a departure were authorised in the terms sought, any relevant food-production undertaking would be affected;

(ix)of the period for which the authorisation is sought; and

(x)of the reasons why the supply cannot be maintained by other reasonable means;

(b)a scheme for monitoring the quality of water supplied in the zone during the period for which the authorisation is sought; and

(c)a summary of the steps that it proposes to take in order to secure that the supply fully satisfies the requirements of Part III, including—

(i)a timetable for the work;

(ii)an estimate of the cost of the work; and

(iii)provisions for reviewing the progress of the work and for reporting the result of the review to the National Assembly for Wales.

(4) At the same time as it makes an application for an authorisation under paragraph (1), the water undertaker shall serve on—

(a)every appropriate local authority;

(b)every appropriate health authority; and

(c)the relevant customer services committee,

a copy of the application and of the statement, scheme and summary referred to in paragraph (3).

(5) A body on whom documents have been served in accordance with paragraph (4) may make representations to the National Assembly for Wales in connection with the application; and any such representations shall be made not later than the end of the period of 30 days beginning with the date on which the application for the authorisation is made.

Authorisations: terms and conditionsE+W

21.—(1) Subject to paragraph (2), a departure may be authorised under regulation 20 for such period as is in the National Assembly for Wales’s opinion reasonably required for securing a supply of water for regulation 4(1) purposes that fully satisfies the requirements of Part III (“the departure period”).

(2) No departure period may exceed three years.

(3) Subject to paragraph (4), an authorisation under regulation 20—

(a)shall specify—

(i)the grounds on which it is granted;

(ii)every water supply zone in respect of which it is granted;

(iii)the extent to which a departure from the prescribed concentration or value of any parameter is authorised;

(iv)in respect of each parameter to which paragraph (iii) applies, the results of the analysis of the samples taken in each water supply zone in question during the 12 months immediately preceding the first day on which the prescribed concentration or value could not be met;

(v)in respect of each parameter to which paragraph (iii) applies, the results of the analysis of the samples (if any) taken in each water supply zone in question between the first day on which the prescribed concentration or value could not be met and the date of the application;

(vi)the average daily quantity of water supplied from each of those zones or, if that quantity cannot readily be ascertained, the average daily quantity of water supplied from the treatment works that supplies water to that zone;

(vii)the estimated population of each of those zones;

(viii)whether or not any relevant food-production undertaking would be affected; and

(ix)the departure period; and

(b)shall require the implementation of a scheme for monitoring the quality of water supplied in each of those zones during the departure period (which may be, but need not be, the scheme submitted in accordance with regulation 20(3)(b)); and

(c)shall require the carrying out of the steps which, in its opinion, are reasonably required in order to secure that the supply fully satisfies the requirements of Part III (whether or not the steps are those proposed in the summary submitted in accordance with regulation 20(3)(c)); and

(d)shall specify, in relation to those steps—

(i)the timetable for the work;

(ii)an estimate of the cost of the work; and

(iii)provisions for reviewing the progress of the work and for reporting to it the result of the review; and

(e)shall require the taking of such steps as may be specified to give to the population within the water supply zones to which the authorisation applies and, in particular, to those groups of that population for which the supply of water in accordance with the authorisation could present a special risk, advice as to the measures (if any) that it would be advisable in the interests of their health for persons within that population or those groups to take for the whole or any part of the departure period.

(4) Where the National Assembly for Wales is of the opinion—

(a)that the extent of the contravention of the requirements of Part III as respects any parameter is trivial; and

(b)that the prescribed concentration or value as respects that parameter is likely to be achieved within the period of 30 days beginning with the day on which the prescribed concentration or value in respect of that parameter was contravened,

the particulars to be specified in the authorisation shall be those required by paragraph (3)(a)(iii) and (ix), and sub-paragraphs (b) to (e) of that paragraph shall not apply.

(5) Where it appears to the National Assembly for Wales that a supply of water that fully satisfies the requirements of Part III cannot be restored by the end of the departure period, it may authorise a further departure.

(6) Paragraphs (1) to (4) shall apply to a further departure as they apply to a departure authorised under regulation 20.

(7) Where it appears to the National Assembly for Wales that a supply of water that fully satisfies the requirements of Part III cannot be restored by the end of the departure period relevant to an authorisation under paragraph (5), it may, in accordance with Article 9(2) of Council Directive 98/83/EEC, authorise a third departure.

(8) Paragraph (3) shall apply to a departure authorised under paragraph (7) as it applies to a departure authorised under regulation 20, but with the substitution for the words “Subject to paragraph (4)” of the words “ Subject to any direction of the Commission ”.

Authorisations: other limitationsE+W

22.  An authorisation under regulation 20 or regulation 21 may be limited to water supplied—

(a)from particular sources or classes of source;

(b)to particular water supply zones or to zones of particular descriptions.

Publicity for authorisationsE+W

23.  As soon as reasonably practicable after a departure has been authorised, the water undertaker shall—

(a)publish in a newspaper circulating in the area in which the water supply zone to which the authorisation relates is situated—

(i)except in a case to which paragraph (4) of regulation 21 applies, a notice containing a statement of the matters specified in paragraph (3)(a)(ii), (iii), (viii) and (ix) of that regulation;

(ii)in a case to which paragraph (4) of regulation 21 applies, and if the National Assembly for Wales so requires, a notice containing a statement of the matters specified in paragraph (3)(a)(ii), (iii) and (ix) of that regulation;

(b)give such other public notice of the authorisation and of its terms and conditions as the National Assembly for Wales may, by notice in writing to the undertaker, reasonably require.

Revocation and modification of authorisationsE+W

24.—(1) Subject to paragraphs (2) and (3), the National Assembly for Wales may at any time modify or revoke an authorisation under regulation 20.

(2) The National Assembly for Wales shall not revoke or modify an authorisation under regulation 20 without giving at least six months’ notice in writing of its intention to do so to—

(a)the water undertaker to which the authorisation relates;

(b)the appropriate local authority;

(c)the appropriate health authority; and

(d)the relevant customer services committee,

but it may revoke or modify an authorisation without notice if it appears to it that immediate revocation or modification is required in the interests of public health.

(3) A water undertaker on whose application a departure has been authorised under this Part shall notify the National Assembly for Wales as soon as the circumstances which gave rise to the application cease to exist; and the National Assembly for Wales shall thereupon revoke the authorisation without the need for prior notice.

PART VIIE+W WATER TREATMENT

InterpretationE+W

25.  In this Part—

  • “regulation 29 requirements” means the requirements of paragraphs (2) and (4) of regulation 29;

  • “risk assessment”, in relation to a treatment works, means an assessment for that treatment works, to establish whether there is, or continues to be, a significant risk from cryptosporidium oocysts in water supplied from the works;

  • “significant risk from cryptosporidium”, in relation to water supplied from a treatment works, means a significant risk that the average number of cryptosporidium oocysts per 10 litres of water supplied from the works for regulation 4(1) purposes, if sampled and analysed in accordance with regulation 29(5) to (15), would at any time be one or more; and

  • “surface water” does not include water from a spring.

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

Risk assessment for cryptosporidiumE+W

27.—(1) Where at any time before 1st January 2002 a water undertaker has been required to comply with regulation 23B of the 1989 Regulations F9 at a treatment works, it may on or after that date carry out a risk assessment.

(2) Where a risk assessment has not been submitted to the National Assembly for Wales pursuant to regulation 23A(1) of the 1989 Regulations, in respect of any treatment works from which water was first supplied for regulation 4(1) purposes after 30th June 1999 F10 and before 1 January 2002, the water undertaker operating that works shall carry out a risk assessment on or before 28 February 2002.

(3) Where, at any time after 31 December 2001, a water undertaker proposes to bring into operation a treatment works from which it intends to supply water for regulation 4(1) purposes, it shall carry out a risk assessment in respect of that works.

(4) Where a water undertaker becomes aware of any factors which make it likely that a risk assessment will establish that there is a significant risk from cryptosporidium it shall notify the National Assembly for Wales in writing, specifying the relevant factors.

(5) The National Assembly for Wales may at any time by notice in writing require a water undertaker to carry out a risk assessment by a date specified in the notice to establish whether there is a significant risk from cryptosporidium.

F9Regulations 23A and 23B were inserted by S.I. 1999/1524.

F10The date on which regulation 23A of the Water Supply (Water Quality) Regulations 1989 came into force.

Procedure following risk assessment, and prohibition of supplyE+W

28.—(1) Where a water undertaker carries out a risk assessment under any provision of regulation 27, it shall submit to the National Assembly for Wales a report of the assessment.

(2) A report of a risk assessment shall set out the results of the assessment, including—

(a)a statement that the assessment has established—

(i)that there is a significant risk from cryptosporidium; or

(ii)that there is no such risk; and

(b)a description of the methods used to carry out the assessment.

(3) Where the National Assembly for Wales considers that the assessment that is the subject of a report submitted to it in accordance with paragraph (1) has not been carried out satisfactorily, the National Assembly for Wales shall serve a notice on the water undertaker which—

(a)sets out the National Assembly for Wales’ reasons for considering that the assessment has not been carried out satisfactorily; and

(b)requires the water undertaker, by a date specified in the notice, to carry out a further risk assessment and submit to the National Assembly for Wales a report of that assessment,

and the water undertaker shall comply with the requirement by the date specified.

(4) Where—

(a)a report submitted to the National Assembly for Wales in accordance with paragraph (1) includes a statement that the assessment has established that there is no significant risk from cryptosporidium; and

(b)the National Assembly for Wales is satisfied, on the basis of the report, that the risk assessment has been carried out satisfactorily,

the National Assembly for Wales shall notify the water undertaker that it is so satisfied; and if at the time of the submission of the report the water undertaker was, or was treated as, required to comply with regulation 29 requirements, the water undertaker shall cease to be required to comply with them from the date on which it receives the notification.

(5) Where—

(a)a report is submitted to the National Assembly for Wales in accordance with paragraph (1);

(b)the report includes a statement that the assessment has established that there is a significant risk from cryptosporidium; and

(c)the National Assembly for Wales is satisfied, on the basis of the report, that the risk assessment has been carried out satisfactorily,

the National Assembly for Wales shall notify the water undertaker that it is so satisfied and shall require the water undertaker to provide it with an estimate of the earliest practicable date by which it can comply with regulation 29 requirements.

(6) A water undertaker which has received a notice under paragraph (5) shall provide the estimate required by the notice within three months of the receipt of the notice.

(7) Where the National Assembly for Wales receives an estimate pursuant to a notice under paragraph (6) it shall give the water undertaker notice of the date which it considers to be the earliest practicable date by which the water undertaker can comply with regulation 29 requirements; and the water undertaker shall comply with those requirements from that date.

(8) Where a water undertaker is required to comply with regulation 29 requirements at a treatment works, it may at any time carry out a further risk assessment for that treatment works to establish whether there continues to be a significant risk from cryptosporidium.

(9) A water undertaker shall not supply water for regulation 4(1) purposes from any treatment works on or after 1st January 2002 unless—

(a)it has received a notice under regulation 23A(9) of the 1989 Regulations or paragraph (4) above in respect of that works; or

(b)where, pursuant to a notice given under paragraph (7) above, or regulation 23A(7) of the 1989 Regulations, it is required to comply with regulation 29 requirements or, in accordance with regulation 29(1), is treated as subject to those requirements, it is taking steps to comply with those requirements.

Treatment for cryptosporidiumE+W

29.—(1) A water undertaker which, immediately before 1st January 2002, is subject to a requirement under regulation 23A of the 1989 Regulations to comply with the requirements of regulation 23B of those Regulations shall, for the purposes of the following provisions of this regulation and of regulation 28 of these Regulations, be treated on and after 1st January 2002 as subject to a requirement under regulation 28 to comply with regulation 29 requirements.

(2) A water undertaker which is, or is treated as, required under regulation 28 to comply with regulation 29 requirements shall, in carrying out such of its functions under Part III of the Act as relate to the supply of water for regulation 4(1) purposes, use a process for treating the water intended to be supplied which secures that the average number of cryptosporidium oocysts per 10 litres of water is less than one.

(3) For the purposes of paragraph (2), a process secures that the average number of cryptosporidium oocysts per 10 litres of water is less than one only if—

(a)the water is sampled, and collection devices are analysed, in accordance with the following provisions of this regulation; and

(b)each collection device, when analysed under paragraph (12) or (13), indicates that the water sampled has been treated so as to secure that the average number of cryptosporidium oocysts per 10 litres of water is less than one.

(4) A water undertaker which is, or is treated as, required under regulation 28 to comply with regulation 29 requirements shall, in using the process referred to in paragraph (2), monitor its effectiveness by securing compliance with the requirements of paragraphs (5) to (15).

(5) Subject to paragraph (6), a continuous sample of water, consisting of at least 40 litres per hour on average during each sampling period, shall be taken from each point at which water leaves the treatment works and steps shall be taken to ensure that the sample is not contaminated when being taken.

(6) Where water which is subjected to the same treatment at the same treatment facilities before it leaves a treatment works leaves the works from more than one point, paragraph (5) shall require a continuous sample to be taken at only one of those points.

(7) For the purposes of the requirement in paragraph (5) to take a continuous sample of water, no account shall be taken of—

(a)an interruption in the taking of the sample of less than one hour due to the changing of a collection device in accordance with paragraph (9); or

(b)an interruption in the taking of the sample during a period when water is not being supplied from the monitoring point.

(8) A sample of water taken pursuant to paragraph (5) shall, as it is taken and without any further treatment, be passed through an approved collection device contained in approved sampling equipment which records the volume of water sampled.

(9) Subject to paragraph (10), a water undertaker shall change the collection device through which water is being passed in accordance with paragraph (8) at least once a day by removing it in an approved manner from the relevant sampling equipment and replacing it in an approved manner with a clean collection device; and a record shall be made of the volume of water passed through the collection device which has been removed and that record shall be retained for a period of one year or such longer period as the National Assembly for Wales may, by notice in writing to the water undertaker, require.

(10) Where, due to interruptions in the taking of a sample during periods when water is not being supplied from a monitoring point, the rate of water passed through a collection device is less than 200 litres per day, a water undertaker shall not be required to change the collection device in accordance with paragraph (9) until the day on which the total volume of water that has passed through the device equals or exceeds 200 litres.

(11) A collection device removed from sampling equipment shall, prior to being analysed, be maintained in an approved manner so as to secure that there is no material alteration of the state of the device which could affect the results of the analysis.

(12) A collection device shall, subject to paragraph (13), within three days of the date on which it is removed from the sampling equipment be analysed for the purposes of establishing whether it contains cryptosporidium oocysts at a level which indicates that the water sampled has not been treated so as to secure that the average number of cryptosporidium oocysts per 10 litres of water is less than one.

(13) Where—

(a)there is a significant increase in the turbidity of water being sampled for the purpose of this regulation; or

(b)some other indication that the number of cryptosporidium oocysts in the water may have increased,

a water undertaker shall immediately change the collection device through which the water is being passed, and the removed collection device shall be analysed as soon as practicable and in any case not later than the end of the day after that on which it was removed.

(14) The analysis of collection devices for the purposes of this regulation shall be carried out at an approved laboratory using approved equipment and approved analytical systems and methods.

(15) Following the analysis of a collection device for the purposes of this regulation, the person by whom or under whose supervision the analysis has been carried out shall, within the applicable time limit for the analysis set out in paragraph (12) or (13), certify the results of the analysis, setting out the average number of cryptosporidium oocysts per 10 litres of water contained in the water sampled, as indicated by the level of cryptosporidium oocysts contained in the collection device.

(16) In this regulation—

  • “approved” means approved by the National Assembly for Wales for the purpose of this regulation; and

  • “day” means the period of 24 hours commencing immediately after midnight.

Contamination from pipesE+W

30.—(1) Where there is a risk (“the prescribed risk”) that water supplied by a water undertaker would, for the reason mentioned in paragraph (2), after leaving the water undertaker’s pipes—

(a)contain a concentration of copper in excess of 2mg/litre; or

(b)contain a concentration of lead in excess of 10℞g/litre,

the water undertaker shall, subject to paragraph (3), treat the water in such a way as will, in its opinion, eliminate the prescribed risk or reduce it to a minimum.

(2) The reason referred to in paragraph (1) is the presence in the water of a concentration of copper or lead which is attributable to the fact that copper or lead is the major component of such a pipe as is mentioned in section 68(3)(a) of the Act, or its associated fittings.

(3) Paragraph (1) shall not require a water undertaker to treat water—

(a)if the treatment is unlikely to achieve a significant reduction in the concentration of copper or lead; or

(b)if treatment is not reasonably practicable.

(4) Where at any time in the period beginning with 25th December 2003 and ending immediately before 25th December 2013, a water undertaker—

(a)has reason to believe that water supplied by it for regulation 4(1) purposes from a pipe to which paragraph (5) applies contains, at the consumer’s tap, a concentration of lead which exceeds 10℞g/1 but does not exceed 25℞g/1; and

(b)has received from the owner of premises to which water is so supplied notice in writing—

(i)of the owner’s intention to replace so much of the pipe as belongs to him; and

(ii)of his desire that the water undertaker replaces the remainder of the pipe,

the water undertaker shall modify or replace its part of the pipe.

(5) This paragraph applies to a pipe—

(a)of which the major component is lead;

(b)which is subject to water pressure from a water main or would be so subject but for the closing of some valve; and

(c)which belongs, as to part, to a water undertaker and, as to the remainder, to the owner of any premises to which the water undertaker supplies water for regulation 4(1) purposes.

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

OffencesE+W

33.—(1) A water undertaker which contravenes regulation 28(9) or regulation 29(2) or (4) shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(2) In any proceedings under paragraph (1) above for contravention of regulation 29(2), a copy of a certificate given pursuant to paragraph (15) of that regulation shall be admissible in evidence as to the number of cryptosporidium oocysts per 10 litres of water.

(3) A water undertaker which applies or introduces any substance or product in contravention of regulation 31(2) or a notice given under regulation 31(8), or uses any process in contravention of a prohibition imposed under regulation 32(1) or without complying with a condition imposed by virtue of regulation 32(2) shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(4) In any proceedings against a water undertaker for an offence under paragraph (1) above it shall be a defence for that water undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

(5) If any person, in certifying the results of an analysis pursuant to regulation 29(15) or furnishing any information or making any application under regulation 31 or 32, makes any statement which he or she knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he or she shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(6) Proceedings for an offence under paragraph (5) shall not be instituted except by or with the consent of the National Assembly for Wales or the Director of Public Prosecutions.

PART XE+W ENFORCEMENT

Contraventions by water undertakersE+W

39.  Any duty or requirement imposed by Parts IV to VIII of these Regulations on a water undertaker shall be enforceable under section 18 of the Act by the National Assembly for Wales or the Director, whether or not the duty or requirement constitutes an offence.

PART XIE+W AMENDMENT AND REVOCATION OF REGULATIONS AND SAVING AND TRANSITIONAL PROVISION

Amendment of the Water Supply (Water Quality) Regulations 1989E+W

40.  The 1989 Regulations shall be amended, with effect from 1st January 2002, in accordance with Schedule 5.

Transitional provision: programmes of workE+W

41.—(1) Every water undertaker which intends to supply water, on and after 25th December 2003, for regulation 4(1) purposes shall, not later than 31st March 2002, submit to the National Assembly for Wales for its approval a programme of work designed to secure, so far as reasonably practicable—

(a)that on the coming into force of Part III of these Regulations, the supply of water for those purposes fully satisfies the requirements of that Part; and

(b)that on and after 25th December 2013, the supply of water for those purposes will fully satisfy the revised requirements of that Part in relation to the lead parameter (item 15 in Table B),

and that, accordingly, section 68 (duties of water undertakers with respect to water quality) of the Act is complied with.

(2) Programmes of work shall be drawn up in accordance with the provisions of Schedule 6.

(3) The National Assembly for Wales may approve a programme of work with or without modification.

(4) If a water undertaker—

(a)fails to draw up a programme of work; or

(b)draws up such a programme otherwise than in accordance with Schedule 6; or

(c)draws up such a programme that is unsatisfactory in any other respect,

the National Assembly for Wales may draw up a programme of work and any such programme shall be treated for the purposes of paragraphs (5) and (6) as a programme of work drawn up by the water undertaker and approved by the National Assembly for Wales.

(5) Whenever it comes to the attention of a water undertaker that the steps to be taken in accordance with a programme of work submitted to, or approved by, the National Assembly for Wales, or treated as so approved, are insufficient to secure that the requirements of paragraph (1)(a) and (b) are met, it shall notify the National Assembly for Wales of the additional steps to be taken to secure that those requirements are met.

(6) The National Assembly for Wales may at any time, and whether or not on the application of a water undertaker, modify any programme of work where it is of the opinion that such modification is required to secure that the requirements of paragraph (1)(a) and (b) are met.

(7) It shall be the duty of each water undertaker—

(a)to take the steps for the time being specified in the programme of work approved or treated as approved in relation to its area of supply;

(b)to take those steps in accordance with the timetable so specified; and

(c)to submit reports to the National Assembly for Wales at the times or within the periods specified.

(8) The duties imposed by paragraph (7) shall be enforceable under section 18 of the Act by the National Assembly for Wales.

Transitional provision: authorisationsE+W

42.—(1) A water undertaker which—

(a)intends to supply water, on and after 25th December 2003, for regulation 4(1) purposes; and

(b)has reason to believe that water so supplied will not satisfy the requirements of Part III of these Regulations,

may apply to the National Assembly for Wales for an authorisation under this regulation.

(2) An application under paragraph (1) shall be made not later than 25th September 2003.

(3) For the purpose of making and determining applications under paragraph (1) and publicising authorisations under this regulation, it shall be assumed—

(a)that regulations 4 and 20 to 23 of these Regulations,

and so much of any other provision of these Regulations as relates to those regulations (in so far as not already in force), were in force at the material time; and

(b)that references in any provision specified or referred to in sub-paragraph (a) to an authorisation under regulation 20 (in whatever terms) were references to an authorisation under this regulation.

(4) On and after 25th December 2003, an authorisation under this regulation shall have effect for the purposes of these Regulations as an authorisation under regulation 20.

Revocation of Regulations and savingsE+W

43.—(1) The Water Supply (Water Quality) (Amendment) Regulations 1999 F16 and the following provisions of the 1989 Regulations shall be revoked—

  • Regulations 23A and 23B,

  • so much of regulation 28 as relates to regulations 23A and 23B, and

  • in regulation 29(1)(f), the words “or 23B”.

(2) On 25th December 2003—

(a)Parts II and III of the 1989 Regulations,

(b)so much of the Water Supply (Water Quality) (Amendment) Regulations 1989 F17 and the Water Supply (Water Quality) (Amendment) Regulations 1991 F18 as relates to those Parts, and

(c)regulation 22 of the Private Water Supplies Regulations 1991 F19,

shall be revoked.

(3) On 1st January 2004—

(a)the 1989 Regulations (in so far as not already revoked),

(b)the Water Supply (Water Quality) (Amendment) Regulations 1991 (in so far as not already revoked),

(c)regulation 8(1) of the Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 1996 F20, and

(d)regulations 40 to 42 of, and Schedule 5 and 6 to, these Regulations,

shall be revoked.

(4) Nothing in paragraph (3) revokes any of the provisions referred to in that paragraph so far as they relate to local authorities in England.

(5) Nothing in paragraph (3) shall affect any obligation of a water undertaker under the 1989 Regulations to compile and retain records, make information available and produce reports in respect of years ending on or before 31st December 2003.

F19S.I. 1991/2790, to which there are amendments not relevant to these Regulations.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 F21.

Rhodri Morgan

First Secretary

7th December 2001

regulations 2 and 4

SCHEDULE 1E+W PRESCRIBED CONCENTRATIONS AND VALUES

TABLE A E+WMICROBIOLOGICAL PARAMETERS

Part I:

Directive requirements

Item Parameters Concentration or Value (maximum) Units of Measurement Point of compliance
1. Enterococci 0 number/100ml Consumers’ taps
2. Escherichia coli (E. coli) 0 number/100ml Consumers’ taps
Part II:

National requirements

Item Parameters Concentration or Value (maximum) Units of Measurement Point of compliance
1. Coliform bacteria 0 number/100ml Service reservoirs* and water treatment works
2. Escherichia coli (E. coli) 0 number/100ml Service reservoirs and water treatment works

Note: *Compliance required as to 95% of samples from each service reservoir (regulation 4(6)).

TABLE B E+WCHEMICAL PARAMETERS

Part I:

Directive requirements

Item Parameters Concentration or Value (maximum) Units of Measurement Point of compliance
1. Acrylamide 0.10 ℞g/l (i)
2. Antimony 5.0 ℞gSb/l Consumers’ taps
3. Arsenic 10 ℞gAs/l Consumers’ taps
4. Benzene 1.0 ℞g/l Consumers’ taps
5. Benzo(a)pyrene 0.010 ℞g/l Consumers’ taps
6. Boron 1.0 mgB/l Consumers’ taps
7. Bromate 10 ℞gBrO3/l Consumers’ taps
8. Cadmium 5.0 ℞gCd/l Consumers’ taps
9. Chromium 50 ℞gCr/l Consumers’ taps
10. Copper(i) 2.0 mgCu/l Consumers’ taps
11. Cyanide 50 ℞gCN/l Consumers’ taps
12. 1, 2 dichloroethane 3.0 ℞g/l Consumers’ taps
13. Epichlorohydrin 0.10 ℞g/l (i)
14. Fluoride 1.5 mgF/l Consumers’ taps
15. Lead(ii)

(a)25, from 25th December 2003 until immediately before 25th December 2013

℞gPb/l Consumers’ taps

(b)10, on and after 25th December 2013

℞gPb/l Consumers’ taps
16. Mercury 1.0 ℞gHg/l Consumers’ taps
17. Nickel(ii) 20 ℞gNi/l Consumers’ taps
18. Nitrate(iii) 50 mgNO3/l Consumers’ taps
19. Nitrite(iii) 0.50 mgNO2/l Consumers’ taps
0.10 Treatment Works
20.

Pesticides (iv) (v)

Aldrin )

Dieldrin )

Heptachlor )

Heptachlor )

epoxide )

0.030 ℞g/l Consumers’ taps
other pesticides 0.10 ℞g/l Consumers’ taps
21. Pesticides: Total(vi) 0.50 ℞g/l Consumers’ taps
22. Polycyclic aromatic hydrocarbons(vii) 0.10 ℞g/l Consumers’ taps
23. Selenium 10 ℞gSe/l Consumers’ taps
24. Tetrachloroethene and Trichloroethene(viii) 10 ℞g/l Consumers’ taps
25. Trihalomethanes: Total(ix) 100 ℞g/l Consumers’ taps
26. Vinyl chloride 0.50 ℞g/l (i)

Notes:

(i)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.

(ii)See also regulation 6(6).

(iii)See also regulation 4(2)(d).

(iv)See the definition of “pesticides and related products” in regulation 2.

(v)The parametric value applies to each individual pesticide.

(vi)“Pesticides: Total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure.

(vii)The specified compounds are:

  • - 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.

    (viii)

    The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.

    (xi)

    The specified compounds are:

    • - 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.

    Part II:

    National requirements

    Item Parameters Concentration or Value (maximum unless otherwise stated) Units of Measurement Point of compliance
    1. Aluminium 200 ℞gAl/l Consumers’ taps
    2. Colour 20 mg/l Pt/Co Consumers’ taps
    3. Hydrogen ion 10.0 pH value Consumers’ taps
    6.5 (minimum) pH value Consumers’ taps
    4. Iron 200 ℞gFe/l Consumers’ taps
    5. Manganese 50 ℞gMn/l Consumers’ taps
    6. Odour 3 at 25°C Dilution number Consumers’ taps
    7. Sodium 200 mgNa/l Consumers’ taps
    8. Taste 3 at 25°C Dilution number Consumers’ taps
    9. Tetrachlorome-thane 3 ℞g/l Consumers’ taps
    10. Turbidity 4 NTU Consumers’ taps

regulations 2 and 4

SCHEDULE 2E+W INDICATOR PARAMETERS

Item Parameters Specification Concentration or Value (maximum) or State Units of Measurement Point of monitoring
1. Ammonium 0.50 mgNH4/l Consumers’ taps
2. Chloride(i) 250 mgCl/l Supply point*
3. Clostridium perfringens (including spores) 0 Number/100ml Supply point*
4. Coliform bacteria 0 Number/100ml Consumers’ taps
5. Colony counts No abnormal change Number/1ml at 22°C Consumers’ taps, service
Number/1ml at 37°C Reservoirs and treatment works
6. Conductivity(i) 2500 ℞S/cm at 20°C Supply point*
7. Hydrogen ion 9.5 pHvalue Consumers’ taps
8. Sulphate(i) 250 mgSO4 /l Supply point*
9. Total indicative dose (for radioactivity)(ii) 0.10 mSv/year Supply point*
10. Total organic carbon (TOC) No abnormal change mgC/l Supply point*
11. Tritium (for radioactivity) 100 Bq/l Supply point*
12. Turbidity 1 NTU Treatment works

Notes:

(i)The water should not be aggressive.

(ii)Excluding tritium, potassium-40, radon and radon decay products.

*May be monitored from samples of water leaving treatment works or other supply point, as no significant change during distribution.

Part IV

SCHEDULE 3E+W MONITORING

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

regulation 16

SCHEDULE 4E+W ANALYTICAL METHODOLOGY

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

regulation 40

SCHEDULE 5E+W AMENDMENT OF THE WATER SUPPLY (WATER QUALITY) REGULATIONS 1989

The amendments to the 1989 Regulations referred to in regulation 40 are—

(a)after regulation 13, the insertion of the following regulation—

Frequency of sampling for particular organisms and substances

13A.  

(1) Subject to paragraphs (5) and (6), in each of the years 2002 and 2003, a water undertaker shall take, or cause to be taken, from its sampling points or, as the case may be, its supply points, for analysis for testing against the concentrations and values specified in column (2) of Table 4A for the organisms and substances listed in column (1) of that Table, not less than the number of samples specified in paragraphs (2) and (3).

(2) In respect of supply points and the supply of a volume of water within a range shown in column (3) of that Table, the number is that shown in column (4) of that Table with the prefix “S” as applicable to a volume within that range.

(3) In respect of sampling points and the supply of water to an estimated population within a range shown in column (5) of that Table, the number is that shown in column (6) of that Table with the prefix “S” as applicable to a population within that range.

(4) In each of those years samples shall be taken at regular intervals throughout the year.

(5) Where—

(a)a programme of work has been approved or is treated as approved under regulation 41 (transitional provision: programmes of work) of the Water Supply (Water Quality) Regulations 2001; or has otherwise been agreed by the National Assembly for Wales; and

(b)at least one of the steps required to be taken in accordance with that programme—

(i)relates to an organism or substance listed in column (1) of Table 4A; and

(ii)remains to be completed,

the number of samples to be taken in any period of twelve months beginning with the date on which the programe was approved, treated as approved, or agreed (as the case may be) and ending on the day on which the last of those steps is completed, for analysis for testing for that organism or substance, may be the number shown in column (4) or, as the case may be, column (6) of that Table with the prefix “R”.

(6) Where analysis of the samples taken by a water undertaker in 2002 in accordance with this regulation has established a concentration or value in respect of an organism or substance listed in column (1) of Table 4A that is significantly lower than the prescribed concentration or value, the number of samples to be taken in 2003, for analysis for testing for that organism or substance, may be the number shown in column (4) or, as the case may be, column (6) of that Table with the prefix “R”.;

(b)after regulation 20, the insertion of the following regulation—

Additional testing for particular parameters

20A.  The samples taken in accordance with regulation 13 shall additionally be tested against the concentrations and values specified in column (2) of Table 4B.;

(c)in regulation 21 (collection and analysis of samples)—

(i)in paragraph (2), the insertion, after “means”, of “subject to paragraph (3)”; and

(ii)the addition, at the end, of the following—

(3) In relation to each of the parameters and other substances listed in column (1) of Table 4B, paragraph (2)(d) shall have effect as if for sub-paragraph (iii) there were substituted the requirements of regulation 21A.

(d)after regulation 21, the insertion of the following regulation—

Method of analysis of samples for particular parameters, and substances

21A.(1) The method of analysis used for testing for a parameter or other substance listed in column (1) of Table 4B against the concentrations in column (2) of that Table must be capable, at the time of use—

(a)of measuring concentrations with the trueness and precision specified in relation to that parameter or substance in columns (3) and (4) of Table 4B; and

(b)of detecting the parameter or substance at the limit of detection specified in relation to it in column (5) of that Table.

(2) For the purposes of paragraph (1)—

  • “limit of detection” is to be calculated as—

    (a)

    three times the relative within batch standard deviation of a natural sample containing a low concentration of the parameter or substance; or

    (b)

    five times the relative within batch standard deviation of a blank sample;

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

  • “trueness” (the systematic error) is the difference between the mean value of a large number of repeated measurements and the true value.;

(e)in regulation 29, in paragraph (1)(f)—

(i)after the words “Part IV of these Regulations”, the insertion of “ , other than regulation 13A, ”; and

(ii)by the insertion, at the end, of “ or regulation 29 of the Water Supply (Water Quality) Regulations 2001 ”; and

(f)the insertion, after Table 4 in Schedule 3, of the following Tables—

TABLE 4A E+WSAMPLING FOR PARTICULAR ORGANISMS AND SUBSTANCES

(1) (2) (3) (4) (5) (6)
Organism or substance Concentration or value and unit of measurement Volume of water supplied m3/d Annual sampling frequency Estimated population of water supply zone Annual sampling frequency
Benzene 1.0℞g/l
Bromate 1.0℞gBrO3/l
3999 S2 or R1 34,999 S2 or R1
Clostridium perfringens* (Including spores) 0 1,000—49,999 S4 or R1 5,000—50,000 S4 or R1
350,000
Number/ 100ml S8 or R2
1,2 dichloroethane 3.0℞g/l
Enterococci 0 Number/100ml
Nitrite 0.10 mgNO2/l

*where the water originates from, or is influenced by, surface waters

TABLE 4B E+WPARAMETERS AND SUBSTANCES IN RELATION TO WHICH, SUBJECT TO REGULATION 21A, METHODS OF ANALYSIS MUST SATISFY PRESCRIBED CHARACTERISTICS

(1) (2) (3) (4) (5)
Parameter or other substance Concentration and unit of measurement Trueness % of concentration Precision % of concentration Limit of detection % of concentration
Antimony 5.0℞gSb/l 25 25 25
Arsenic 10℞gAs/l 10 10 10
Benzene 1.0℞g/l 25 25 25
Boron 1.0 mgB/l 10 10 10
Bromate 10℞BrO3/l 25 25 25
Copper 2.0 mgCu/l 10 10 10
1,2 dichloroethane 3.0℞g/l 25 25 10
Lead 25℞gPb/l 10 10 10
Nickel 20℞gNi/l 10 10 10
Nitrite (ex works) 0.1 gNO2/l 10 10 10

Tetrachloroethene*)

Trichloroethene* )

10℞g/l 25 25 10

*Trueness, precision and limit of detection apply to the individual substances specified at 50% of the concentration in column (2)..

regulation 41

SCHEDULE 6E+W PROGRAMMES OF WORK

A water undertaker’s programme of work shall—

(a)identify, by reference to the parameters set out in the Table below, those parameters in respect of which the requirements of regulation 41(1)(a) and (b) are unlikely to be satisfied unless steps are taken to secure that those requirements will be met;

(b)identify whether the requirement that the formula [nitrate]/50 + [nitrite]/331, where the square brackets signify the concentrations in mg/1 for nitrate (NO3) and nitrite (NO2), is unlikely to be satisfied;

(c)specify the steps that the water undertaker intends to take for the purpose of securing that the requirements of regulation 41(1)(a) and (b) are met;

(d)specify the date by which each of the steps specified in accordance with paragraph (c) is proposed to be completed; and

(e)specify the times at which, or the periods within which, reports will be made to the National Assembly for Wales in relation to the taking and completion of the steps specified in accordance with paragraph (c).

TABLEE+W

Enterococci

Acrylamide

Antimony

Arsenic

Benzene

Benzo(a)pyrene

Boron

Bromate

Copper

1,2-dichloroethane

Epichlorohydrin

Lead

Nickel

Nitrite

Polycyclic aromatic hydrocarbons

Tetrachloroethene ) sum of concentrations

Trichloroethene )

Trihalomethanes — Total (sum of concentrations of chloroform, bromoform, dibromochloromethane and bromodichloromethane)

Vinyl chloride

Explanatory Note

(This note does not form part of the Regulations.)

These Regulations supplement Chapter III (Water Supply) of the Water Industry Act 1991 (“the 1991 Act”), amend, for a limited period, the Water Supply (Water Quality) Regulations 1989 (“the 1989 Regulations”) and, on 1st January 2004, revoke and replace those Regulations. They are primarily concerned with the quality of water supplied by water undertakers whose areas are wholly or mainly in Wales for drinking, washing, cooking and food preparation, and for food production, and with arrangements for the publication of information about water quality.

The Regulations are directed at the achievement of the objective set out in Article 2 of Council Directive 98/83/EC (OJ No. L 330, 5.12.98, p.32) (“the 1998 Directive”), namely, to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean. In particular, effect is given in Part III of the Regulations to Articles 4 and 5 of the 1998 Directive which relate to the quality of water intended for human consumption and, in Part V, to Article 7 (monitoring) of that Directive.

Subject to the exceptions mentioned below, the Regulations come into force on 1st January 2004. Regulations 1 and 2 (which deal with commencement, application and interpretation), regulation 25 (which deals with interpretation of Part VII), regulations 27 to 29 (which deal with cryptosporidium), so much of regulation 33 (which deals with offences) as relates to contraventions of paragraph (9) of regulation 28 or regulation 29, regulation 39 (which deals with contraventions by water undertakers), regulation 40 (which introduces the amendments to the 1989 Regulations set out in Schedule 5), regulation 41 (a transitional provision requiring the submission of programmes of work) and paragraph (1) of regulation 43 (revoking parts of the 1989 Regulations) come into force on 1st January 2002.

Regulation 3 (which deals with water supply zones) and regulation 42 (a transitional provision enabling applications to be made for authorisations) come into force on 1st June 2003.

Regulation 4 (which prescribes new standards of wholesomeness), regulations 17 to 24 (which deal with sampling), paragraphs (4) and (5) of regulation 30 (which deals with lead pipes) and paragraph (2) of regulation 43 (which revokes provisions of the 1989 Regulations superseded by regulations 4 and 17 to 24) come into force on 25th December 2003, when the 1998 Directive takes effect.

Part I of the Regulations (regulations 1 and 2) defines terms that are used in the Regulations.

Part II (regulation 3) requires water undertakers to identify annually the areas (“water supply zones”) that are to be relevant for a particular year for the purposes of the application of provisions of the Regulations. A water supply zone may not comprise an area in which the estimated population exceeds 100,000. Water undertakers may not alter the boundaries of water supply zones during the year.

Part III (regulation 4) prescribes standards of wholesomeness in respect of water that is supplied by water undertakers for cooking, drinking, food preparation and washing and other domestic purposes and to premises for food production purposes. These various purposes are referred to in the Regulations as “regulation 4(1) purposes”. In particular, regulation 4 provides that water is to be regarded as wholesome if it contains concentrations or values in respect of various properties, elements, organisms and substances that do not contravene prescribed maximum and, in some cases, minimum concentrations or values. Some of the prescribed maximum and minimum concentrations and values are specified in regulation 4, but most are included in Tables A and B which appear in Schedule 1 to the Regulations. They include the values specified in Parts A and B of Annex 1 to the 1998 Directive. There are also specifications for indicator parameters in Schedule 2.

Part IV (regulations 5 to 10) provides for the monitoring of water supplies by reference to the analysis of samples. Regulation 5 defines two monitoring regimes; “audit” monitoring and “check” monitoring. Regulation 6 requires water undertakers to take a minimum number of samples each year in respect of a variety of properties, elements, organisms and substances. It also makes special provision for monitoring supplies from tankers. Regulation 7 requires water undertakers to select at random the consumers’ taps from which samples are to be taken. Regulation 8 authorises the taking of samples from points other than consumers’ taps (“supply points”) and allows the National Assembly for Wales to authorise other supply points. Regulation 9 deals with the number of samples to be taken. These are specified in Tables 1 and 2 in Schedule 3 to the Regulations, and are not less than those specified in Annex II to the 1998 Directive. Regulation 10 requires samples to be taken where water undertakers have reason to believe that the quality of the water within their water supply zone has been adversely affected by the presence of certain elements, organisms or substances.

Part V (regulations 11 to 16) contains additional provisions relating to sampling. Regulations 13 and 14 require samples to be taken in respect of particular organisms and substances, at treatment works and at reservoirs which store treated water. Regulation 15 requires samples to be taken before water is supplied from new sources and from sources which have not recently been used. Regulation 16 prescribes requirements relating to the taking, handling, storage, transport and analysis of samples.

Part VI (regulations 17 to 24) provides for the investigation of every failure to satisfy a concentration, value or state prescribed by regulation 4 and for a report to be made to the National Assembly for Wales. Where a failure relates to a Table B parameter, and certain other conditions are met, the National Assembly for Wales may require the water undertaker to apply to it for an authorisation allowing a departure from the requirements of Part III, as regards that parameter. The circumstances in which such authorisations may be issued, and the conditions to which they are subject, are contained in regulations 21 and 22, respectively. (Article 9 of the 1998 Directive permits derogations from the parametric values). Provision is made in regulation 23 for publicising authorisations. Regulation 24 provides for the modification and withdrawal of authorisations.

Part VII (regulations 25 to 33) deals with the treatment of water and regulates the substances, processes and products that may be used by water undertakers in connection with the supply of water. Regulation 26 imposes requirements relating to the disinfection of water and imposes additional requirements for the treatment of surface water. It prohibits the abstraction for the supply of drinking water of waters below category A3, as required by Council Directive 75/440/EEC (quality required of surface water intended for the abstraction of drinking water). Regulations 27 to 29 relate specifically to cryptosporidium. Regulation 27 provides for the carrying out of risk assessments. Regulations 28 and 29 re-enact, with amendments, the requirements of regulations 23A and 23B of the 1989 Regulations. Regulation 28(9) prohibits the supply of water from treatment works for regulation 4(1) purposes on and after 1st January 2002 unless a risk assessment has been carried out and either the National Assembly for Wales has authorised the supply or remedial treatment has been required and is being carried out. Regulation 30 makes provision for securing the elimination or reduction to a minimum of the risk that water will be contaminated after supply by excessive concentrations of copper or lead. Regulation 31 specifies the circumstances in which water undertakers may apply or introduce substances or products into water supplied for drinking, washing or cooking. Regulation 32 enables the National Assembly for Wales to require that its approval be obtained to the use of processes. Contravention of some of the requirements of regulations 28, 29, 31 and 32 is made a criminal offence by regulation 33, as is the making of false statements.

Part VIII deals with the provision of information by water undertakers. Regulation 34 requires water undertakers to prepare and maintain records containing information about the quality of water supplied in their water supply zones. Regulation 35 requires each water undertaker to make available for public inspection, and to supply local authorities with, information about the quality of water within its water supply zones, the extent to which Part IV of the Regulations has been complied with, details of any departures authorised under Part VI of the Regulations and of the action which has been taken to comply with enforcement orders under section 18 of the 1991 Act. It also requires each water undertaker to give notice of any occurrence which gives rise, or may give rise, to a significant risk to health. Notice is to be given to each local authority and health authority in whose area reside persons to whose health there is or may be a significant risk, and to the relevant customer service committee. Regulation 36 requires water undertakers to publish an annual report containing information about the quality of water in the area for which they are responsible.

Part IX (regulations 37 and 38) imposes requirements on local authorities in the performance of their duties in relation to the quality of water supplied by water undertakers. Regulation 38 provides for the making of arrangements between the authorities and the water undertakers about the provision of information. It also enables local authorities to take such samples of water as they may reasonably require.

Part X (regulation 39) provides that contraventions by water undertakers of duties or requirements imposed by Parts V to VIII of the Regulations are to be enforceable under section 18 of the 1991 Act by the National Assembly for Wales. This provision is additional to the criminal sanctions provided by regulation 33 in relation to contraventions of regulations 28 and 29, 31 and 32.

Part XI (regulations 40 to 43) amends the 1989 Regulations, makes transitional provisions and revokes the 1989 Regulations and other related provisions subject to savings. The amendments to the 1989 Regulations, which take effect on 1st January 2002, are set out in Schedule 5 (regulation 40). Regulation 41 requires the water undertakers to submit for the National Assembly for Wales’ approval programmes of work designed to secure that the standards of wholesomeness prescribed in Part III of the Regulations will, so far as reasonably practicable, be achieved when that Part comes into force on 25th December 2003. Programmes of work are to be prepared in accordance with Schedule 6 and are to be submitted to the National Assembly for Wales before 1st April 2002. They may be approved by the National Assembly for Wales with or without modification, and may be modified where the National Assembly for Wales considers it necessary to do so for the purpose of securing that wholesomeness standards will be met on and after 25th December 2003. If a water undertaker fails to submit a programme of works, or if the submitted programme fails to meet the requirements of Schedule 6, or is otherwise unacceptable, the National Assembly for Wales may prepare one. Programmes of work will be enforceable under section 18 of the 1991 Act by the National Assembly for Wales.

Regulation 42 makes further transitional provision to enable water undertakers to apply in advance for the National Assembly for Wales’ authorisation in relation to matters which, on and after 25th December 2003, will need to be authorised under Part VI of the Regulations.

Regulation 43 revokes, in stages, the 1989 Regulations, various sets of amending regulations and the amendments made by regulation 40, in relation to water undertakers whose areas are wholly or mainly in Wales and in relation to local authorities in Wales as regards the discharge of functions in relation to those undertakers. Regulation 22 of the Private Water Supplies Regulations 1991 and regulation 8(1) of the Surface Waters (Abstraction for Drinking Water) (Classification) Regulations 1996 are also revoked to the same extent, in consequence of the revocation of the 1989 Regulations. The revocation of the 1989 Regulations does not affect the obligations of water undertakers to keep records, provide information, and make reports for the year ending on 31st December 2003.

A regulatory appraisal in respect of the Regulations may be obtained from the National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ. [A copy has been placed in the library of each House of Parliament.]

Copies of the ISO standards referred to in Table A1 in Schedule 4 may be obtained from BSI, 389 Chiswick High Road, London W4 4AL.