xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
5.—(1) In this Part “audit monitoring” means monitoring for the purpose of obtaining information from which it may be established—
(a)as regards the parameters listed in Tables A and B in Schedule 1, whether water supplied for regulation 4(1) purposes satisfies the provisions of Part III of these Regulations or, if a departure has been authorised under Part VII in relation to that supply, those provisions as read with the terms of that departure; and
(b)as regards indicator parameters, whether water supplied for regulation 4(1) purposes meets the specifications for those parameters.
(2) In this Part, “check monitoring” means monitoring for the purpose of obtaining information at regular intervals—
(a)as to the organoleptic and microbiological quality of water; and
(b)where relevant, as to the effectiveness of drinking-water treatment (particularly of disinfection),
for the purpose of determining—
(i)as regards the parameters listed in Tables A and B in Schedule 1, whether water supplied for regulation 4(1) purposes satisfies the provisions of Part III of these Regulations or, if a departure has been authorised under Part VII in relation to that supply, those provisions as read with the terms of that departure; and
(ii)as regards indicator parameters, whether water supplied for regulation 4(1) purposes meets the specifications for those parameters.
(3) This Part applies to water supplied for regulation 4(1) purposes by a relevant supplier in the performance of its duties under Chapter III.
(4) Regulations 5 to 9 apply to a [F1supplementary licensee] in relation to samples taken from supply points as they apply to a water undertaker, but only in so far as the [F1supplementary licensee] is introducing water into a water supply zone in which the water undertaker takes samples under this Part (to the extent authorised by or under regulation 8) from supply points.
Textual Amendments
F1Words in reg. 5(4) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 28(4)
6.—(1) For the purpose of determining whether water to which this Part applies satisfies the provisions of Part III or, if a departure has been authorised under Part VII in relation to that supply, those provisions as read with the terms of that authorisation, a water undertaker must take, or cause to be taken, and analyse, or cause to be analysed, not less than the number of samples of the water within each of the water supply zones which it supplies specified in, or in accordance with provisions of, this Part.
(2) Except in a case to which paragraph (3) applies, the parameters listed in Tables A and B in Schedule 1 and the indicator parameters will be subject—
(a)as regards a parameter listed in column (2) of Table 1 in Schedule 3, in relation to which there is no entry in column (3) of that Table, to check monitoring;
(b)as regards a parameter so listed in relation to which there is an entry in column (3), check monitoring in the circumstances specified in that column;
(c)in any other case, audit monitoring.
(3) Where—
(a)the distribution of water in any part of a water supply zone is by tanker; and
(b)is or is likely to be an intermittent short-term supply,
samples of water from each tanker from which water is distributed must be taken 48 hours after the commencement of the distribution from that tanker and every 48 hours thereafter until the distribution is discontinued.
[F2(4) Of the samples taken in accordance with paragraph (3) in relation to each distribution, the first must be analysed for compliance with the parameters E.coli, conductivity and hydrogen ion (item 2 in Table A in Schedule 1, and items 6 and 7 in Schedule 2, respectively), and the second and any subsequent samples must be analysed for compliance with those and every other parameter.]
(5) For the purposes of the application of paragraph (2)(b) to the aluminium, Clostridium perfringens, iron and manganese parameters (items 1, 3, [F310 and 11] in Table 1 in Schedule 3), a supply which consists of both groundwater and surface water will be deemed to be a supply which consists only of surface water.
(6) The copper, lead and nickel parameters F4... will be monitored in such manner as the Welsh Ministers determine from time to time and will specify by notice in writing given to each water undertaker.
F5(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Reg. 6(4) substituted (2.2.2011) by The Water Supply (Water Quality) (Amendment) Regulations 2011 (S.I. 2011/14), regs. 1(1), 2(2)(a)
F3Words in reg. 6(5) substituted (2.2.2011) by The Water Supply (Water Quality) (Amendment) Regulations 2011 (S.I. 2011/14), regs. 1(1), 2(2)(b)
F4Words in reg. 6(6) omitted (14.4.2016) by virtue of The Water Supply (Water Quality) (Amendment) Regulations 2016 (S.I. 2016/410), regs. 1(1), 2(a)
F5Reg. 6(7)-(9) omitted (14.4.2016) by virtue of The Water Supply (Water Quality) (Amendment) Regulations 2016 (S.I. 2016/410), regs. 1(1), 2(b)
6A—(1) A water undertaker must monitor each water supply zone within its area of supply for the parameters contained in the radioactive substances parameters table in accordance with this regulation and Schedule 3A.
(2) In this regulation and Schedule 3A, “the radioactive substances parameters table” means the table in Schedule 2A.
(3) The Welsh Ministers may, by notice to a water undertaker, confirm that they have established (on the basis of representative surveys, monitoring data or other reliable information) that, for a period specified in the notice, one or more of the parameters listed in the radioactive substances parameters table is not likely to be present in a water supply zone for human consumption purposes in concentrations which could exceed the prescribed concentration or value for the relevant parameter in that table.
(4) Where a notice is given to a water undertaker under paragraph (3), the water undertaker is not required to monitor the water supply zone for the parameter (or parameters) during the period specified in the notice.
(5) Where paragraph (3) applies, the Welsh Ministers must communicate the grounds for their decision to the European Commission with the necessary documentation supporting the decision (including the findings of any surveys, monitoring or investigations carried out).
(6) Where a notice has previously been given under paragraph (3) and the Welsh Ministers are no longer satisfied that the levels of radon, tritium or the calculated ID in relation to the water supply zone specified in the notice will remain below the respective parametric values in the radioactive substances parameters table, the Welsh Ministers must inform the water undertaker in writing accordingly, and the exemption under paragraph (4) will no longer apply.
(7) In case of naturally occurring radionuclides, where previous monitoring results show that the concentration of radionuclides in the supply is stable, the minimum sampling and analysis frequencies are to be decided by the Welsh Ministers, and confirmed by notice in writing to the water undertaker, taking into consideration the risk to human health.
(8) The additional requirements in Schedule 5 apply to monitoring for compliance with the indicative dose parameter.]
Textual Amendments
F6Reg. 6A inserted (14.4.2016) by The Water Supply (Water Quality) (Amendment) Regulations 2016 (S.I. 2016/410), regs. 1(1), 3
7. Except in relation to water supplied from a tanker, sampling points in respect of every parameter, other than a parameter for which samples are taken from a supply point authorised by or under regulation 8, must be selected at random unless, by notice in writing to a water undertaker (whether or not on the application of the water undertaker), the Welsh Ministers otherwise determine.
8.—(1) Subject to paragraph (2), the Welsh Ministers, being satisfied that analysis of samples taken from—
(a)any blending point;
(b)the water leaving any service reservoir which receives water from a treatment works before its supply to any consumer; and
(c)the water leaving any treatment works,
will produce data in respect of the parameters specified as items 7, 8, 9 to 15 and 17 to 25 in column (1) of Table 3 in Schedule 3 which are unlikely to differ in any material respect from the data that would be produced in respect of those parameters from analysis of samples obtained from sampling points, hereby authorises the use for the purposes of regulation 6 of samples in relation to those parameters taken for a water supply zone from a blending point, a service reservoir of that description or a treatment works.
(2) In respect of any water supply zone, the taking of samples from a supply point is not authorised by paragraph (1) where a [F7supplementary licensee] introduces water into the water supply zone unless the water quality within the water supply zone remains approximately uniform.
(3) Subject to paragraph (4), the Welsh Ministers may, in relation to any parameter not covered by the authorisation in paragraph (1), on the written application of a water undertaker or on the joint written application of a water undertaker and [F8supplementary licensee], authorise the use for the purposes of regulation 6 of samples taken for a water supply zone otherwise than from a sampling point; and any such authorisation may extend to all samples in relation to that parameter or to such number or proportion of those samples as is specified in the authorisation.
(4) The Welsh Ministers must not grant an authorisation under paragraph (3) unless they are satisfied that analysis of samples taken from a point other than a sampling point will produce data in respect of the parameter in question which are unlikely to differ in any material respect from the data that would be produced in respect of that parameter from analysis of samples obtained from sampling points.
(5) Subject to paragraph (6), the Welsh Ministers may at any time modify or revoke an authorisation under paragraph (3).
(6) Unless it appears to the Welsh Ministers that the immediate modification or revocation of an authorisation under paragraph (3) is required in the interests of public health, they must not modify or revoke such an authorisation without giving to the water undertaker to which the authorisation relates at least six weeks' notice of their intention to modify or revoke.
(7) A water undertaker must notify the Welsh Ministers as soon as it has reasonable grounds for believing that an analysis of samples taken for a water supply zone from a point other than a sampling point would produce data in respect of the parameter in question which would differ in a material respect from the data produced by an analysis of samples taken from any of the sampling points within that zone; and the Welsh Ministers must thereupon, and without the need for prior notice to the water undertaker, revoke the authorisation.
Textual Amendments
F7Words in reg. 8(2) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 28(4)
F8Words in reg. 8(3) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 28(4)
9.—(1) Subject to paragraph (2), in each year a water undertaker must take, or cause to be taken—
(a)from its sampling points; or
(b)to the extent authorised by or under regulation 8, from its supply points, the standard number of samples for analysis as regards residual disinfectant and each parameter listed in column (1) of Table 2 in Schedule 3 or, as the case may be, Table 3 in that Schedule.
(2) Where, in respect of a parameter subject to check monitoring—
(a)a water undertaker is of the opinion that the quality of water supplied to a water supply zone which it supplies is unlikely to deteriorate; and
(b)in each of two successive years the results of samples taken, subject to paragraph (3), in accordance with these Regulations show no significant variation and—
(i)if the parameter is colony counts, have shown no abnormal change;
(ii)if the parameter is hydrogen ion (item 9 in Table 1), have established a pH value that is not less than 6.5 and not more than 10.0;
(iii)in any other case, have established a concentration or value for that parameter that is significantly lower than the prescribed concentration or value, or specification,
the number of samples to be taken in the following year for that parameter may be the reduced number.
(3) Samples required to be taken by this regulation must be taken at regular intervals.
(4) In this regulation—
(a)in relation to sampling points, residual disinfectant or a parameter and the supply of water to an estimated population within one of the ranges shown in column (2) of Table 2 in Schedule 3, “the standard number” and “the reduced number” means the number shown in column (4) and column (3), respectively, of that Table as applicable to that substance or parameter by reference to a population within that range;
(b)in relation to supply points, each of the parameters specified as items 7, 8 and 9 to 25 in column (1) of Table 3 in Schedule 3, and the supply of a volume of water within one of the ranges shown in column (3) of that Table, “the standard number” and “the reduced number” means, subject to sub-paragraph (c), the number shown in column (5) and column (4), respectively, of that Table as applicable to that parameter by reference to a volume supplied within that range; and
(c)where a particular supply point is in use for part only of a year, “the standard number” and “the reduced number” means the number that bears to the number shown in column (5) and column (4), respectively, of Table 3, the same proportion as the number of days in that year in which the supply point has been in use bears to 365.
10. As soon as a relevant supplier has reasonable grounds for believing that any element, organism or substance, other than residual disinfectant or a parameter, whether alone or in combination with a parameter or any other element, organism or substance, may cause the supply within any of the water supply zones which it supplies to be a supply which does not satisfy—
(a)the provisions of Part III of these Regulations or,
(b)if a departure has been authorised under Part VII, those provisions as read with the terms of that authorisation,
it must take, or cause to be taken, sufficient samples from water within that zone (whether from a service reservoir, a treatment works or otherwise) in respect of that element, organism or substance, in order to establish whether that water is wholesome.