The Private Water Supplies (Wales) Regulations 2010 (revoked)

PART 2 E+W Monitoring

Monitoring E+W

7.  A local authority must monitor all private supplies in its area in accordance with this Part when carrying out its duties under section 77(1) of the Water Industry Act 1991 M1 .

Marginal Citations

M1 1991 c. 56.

Further distribution of supplies from water undertakers or [F1 water supply licensees] E+W

8.  Where water is supplied by a water undertaker or [F2 water supply licensee] and is then further distributed by a person other than a water undertaker or [F2 water supply licensee], any monitoring which the risk assessment shows to be necessary must be carried out.

Textual Amendments

F1 Words in reg. 8 heading substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 27(1)(a)(i)

F2 Words in reg. 8 substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 27(1)(a)(ii)

Large supplies and supplies to commercial or public premises E+W

9.  In the case of a private supply (other than that specified in regulation 8) that—

(a) supplies an average daily volume of water of 10m³ or more, or

(b) supplies water to premises where the water is used for a commercial activity or to public premises,

the local authority must monitor in accordance with Schedule 2 and carry out any additional monitoring that the risk assessment shows to be necessary.

Other private supplies E+W

10.—(1) In all cases, other than a private supply to a single dwelling not used for a commercial activity and those to which regulation 8 and 9 apply, the local authority must monitor for–

(a) conductivity;

(b) enterococci;

(c) Escherichia coli (E. coli);

(d) hydrogen ion concentration;

(e) turbidity;

(f) any parameter in [F3 Part 1 or 2 of] Schedule 1 identified in the risk assessment as being at risk of not complying with the concentrations or values in [F4 those Parts of] that Schedule; and

(g) anything else identified in the risk assessment as a potential danger to human health.

(2) It must monitor at least every five years and carry out any additional monitoring that the risk assessment shows to be necessary.

(3) In the case of a private supply to a single dwelling not used for a commercial activity a local authority may monitor the supply in accordance with this regulation, and must do so if requested to do so by the owner or occupier.

Textual Amendments

F3 Words in reg. 10(1)(f) inserted (14.4.2016) by The Private Water Supplies (Wales) (Amendment) Regulations 2016 (S.I. 2016/411), regs. 1(1), 2(a)

F4 Words in reg. 10(1)(f) inserted (14.4.2016) by The Private Water Supplies (Wales) (Amendment) Regulations 2016 (S.I. 2016/411), regs. 1(1), 2(b)

[F5 Monitoring of radioactive substances: general E+W

10A.— (1) A local authority must monitor each private supply in its area (other than a supply to a single dwelling not used for any commercial or public activity) for the parameters contained in the radioactive substances parameters table in accordance with this regulation and Schedule 2A.

(2) In this regulation and Schedule 2A, “the radioactive substances parameters table” means Table D in Part 3 of Schedule 1.

(3) Where a local authority is satisfied that a parameter in the radioactive substances parameters table is not likely to be present in a supply of water in its area in concentrations which could exceed the prescribed concentration or value for the relevant parameter in that table, the local authority may, for such a time as it sees appropriate, decide to exclude the parameter in question from the monitoring duty in paragraph (1).

(4) A decision under paragraph (3) must be made—

(a) on the basis of representative surveys, monitoring data or other reliable information (including any risk assessment carried out in accordance with regulation 6); and

(b) taking into account any guidance issued by the Welsh Ministers.

(5) The local authority must provide the Welsh Ministers with the grounds for its decision under paragraph (3) and the necessary documentation supporting the decision (including the findings of any surveys, monitoring or assessments carried out in accordance with paragraph (4)(a)).

(6) The Welsh Ministers must communicate the grounds for a decision under paragraph (3) to the European Commission with the necessary documentation provided under paragraph (5) supporting the decision.

(7) Where—

(a) a decision has previously been made under paragraph (3); and

(b) the local authority is no longer satisfied that the basis for the decision exists,

the exclusion from monitoring under paragraph (3) will no longer apply and the local authority must inform the Welsh Ministers in writing accordingly.

(8) In case of naturally occurring radionuclides, where previous results (including representative surveys, monitoring data or other reliable information) show that the concentration of radionuclides in a supply within a local authority’s area is stable, the minimum sampling and analysis frequencies are to be decided by the local authority, and confirmed by notice in writing to the Welsh Ministers, taking into consideration the risk to human health.

(9) The additional requirements in Part 3 of Schedule 3 apply to monitoring for compliance with the indicative dose parameter.

Textual Amendments

F5 Regs. 10A, 10B inserted (14.4.2016) by The Private Water Supplies (Wales) (Amendment) Regulations 2016 (S.I. 2016/411), regs. 1(1), 3

Monitoring of radioactive substances: supplies to a single dwelling not used for a commercial or public activity E+W

10B.   In the case of a private supply to a single dwelling not used for a commercial or public activity, a local authority may monitor the supply for the parameters contained in Table D in Part 3 of Schedule 1 in accordance with Schedule 2A and Part 3 of Schedule 3, and must do so if requested to do so by the owner or occupier.]

Textual Amendments

F5 Regs. 10A, 10B inserted (14.4.2016) by The Private Water Supplies (Wales) (Amendment) Regulations 2016 (S.I. 2016/411), regs. 1(1), 3

Sampling and analysis E+W

11.—(1) When a local authority monitors a private supply it must take a sample—

(a) if the water is supplied for domestic purposes, from a tap normally used to supply water for human consumption, and which, if there is more than one tap, is representative of the water supplied to the premises;

(b) if the water is used in a food-production undertaking, at the point at which it is used in the undertaking;

(c) if the water is supplied from a tanker, at the point at which it emerges from the tanker;

(d) in any other case at a suitable point.

(2) It must then ensure that the sample is analysed.

(3) Schedule 3 makes further provision for sampling and analysis.

Maintenance of records E+W

12.  A local authority must make and keep records in respect of every private supply in its area in accordance with Schedule 4.

Notification of information E+W

13.  By 31 July 2010, and by 31 January each following year, every local authority must–

(a) send the Chief Inspector of Drinking Water for Wales a copy of the records in Schedule 4; and

(b) upon request, send the Welsh Ministers a copy of those records.