The Water Supply (Water Quality) Regulations (Northern Ireland) 2007

PART I N.I. GENERAL

Citation and Commencement N.I.

1.—(1) These Regulations may be cited as the Water Supply (Water Quality) Regulations (Northern Ireland) 2007 and shall come into operation on the 1st April 2007.

Commencement Information

I1 Reg. 1 in operation at 1.4.2007, see reg. 1(1)

Interpretation N.I.

2.—(1) In these Regulations —

“appropriate district council” and “appropriate health and social services board”—

(a)

in relation to a departure authorised under regulation 20 or 21 or an application for any such authorisation, means the district council and the health and social services board, 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;

(b)

in relation to such an event as is mentioned in regulation 34(8), means the district council and the health and social services board, respectively, in whose area the event occurs;

“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 supply) of part IV (Water Supply) of the Order;

“departure” means a permitted value outside the prescribed concentration or value(s);

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

“groundwater” means water contained in underground strata, or in

(a)

a well, borehole or other similar work sunk into underground strata, including any adit or passage constructed in connection with the well, borehole or work for facilitating the collection of water in the well, borehole, or work, or,

(b)

any excavation into underground strata where the level of water in the excavation depends wholly or mainly on water entering it from the strata;

“health and social services board” means a board established under Part III of the Health and Personal Social Services (Northern Ireland) Order 1972(1);

[F1 “Indicative Dose” or “ID” means the committed effective dose for one year of ingestion resulting from all the radionuclides whose presence has been detected in a supply of water intended for human consumption, of natural and artificial origin, but excluding tritium, potassium-40, radon and short-lived radon decay products;”]

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

“the Order” means the Water and Sewerage Services (Northern Ireland) Order 2006;

“parameter” means a property, element, organism or substance listed in the second column of Table A or Table B in Schedule 1, 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 slimacide; 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;

“sampling point” –

(c)

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;

(d)

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 Department authorises for the purposes of regulation 6;

“underground strata” means strata subjacent to the surface of any land, and any reference to water contained in any underground strata is a reference to water so contained otherwise than in a public sewer, pipe, reservoir, tank or underground works contained in any such strata;

“water supply zone”, in relation to a water undertaker and a year, means an area designated for that year by that 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)(2) 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.

Textual Amendments

F1 Words in reg. 2(1) inserted (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(2)

Commencement Information

I2 Reg. 2 in operation at 1.4.2007, see reg. 1(1)

PART II N.I. WATER SUPPLY ZONES

Water Supply Zones N.I.

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.

Commencement Information

I3 Reg. 3 in operation at 1.4.2007, see reg. 1(1)

PART III N.I. WHOLESOMENESS

Wholesomeness N.I.

4.—(1) Water supplied by a water undertaker—

(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]/3 <= 1, where the square brackets signify the concentrations in mg/1 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 or E. coli parameter (items 1 and 2 in Part II of Table A in Schedule 1) in excess of the prescribed concentrations; or

(b) it contain a concentration of nitrite in excess of 0.1mgNO₂/1.

(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 or E. 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.

Commencement Information

I4 Reg. 4 in operation at 1.4.2007, see reg. 1(1)

PART IV N.I. MONITORING OF WATER SUPPLIES

Interpretation and application of Part IV N.I.

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 or, if a departure has been authorised under Part VI 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 or, if a departure has been authorised under Part VI 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.

Commencement Information

I5 Reg. 5 in operation at 1.4.2007, see reg. 1(1)

Monitoring: general provisions N.I.

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 VI in relation to that supply, those provisions as read with the terms of that authorisation, a water undertaker shall 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 its water supply zones 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 shall 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 shall be taken 48 hours after the commencement of the distribution from that tanker and every 48 hours thereafter until the distribution is discontinued.

(4) Of the samples taken in accordance with paragraph (3) in relation to each distribution, the first shall be analysed for compliance with the parameters E. coli, hydrogen ion and conductivity (item 2 in Table A in Schedule 1, item 3 in Part II of Table B in that Schedule and item 6 in Schedule 2, respectively), and the second and any subsequent samples shall 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, 10 and 11 in Table 1 in Schedule 3), a supply which consists of both groundwater and surface water shall be deemed to be a supply which consists only of surface water.

(6) The copper, lead and nickel parameters and, subject to paragraph (7), the parameters relevant to radioactivity ( [F2 indicative dose, radon and tritium] ), shall be monitored in such manner as the Department shall determine and shall specify by notice in writing given to a water undertaker.

[F3 (6A) — A water undertaker may use a screening strategy for gross alpha and gross beta to monitor for the parametric indicator value for indicative dose. Screening values and the additional radiological investigation required in the event of an exceedance are detailed in Schedule 5.]

(7) [F4 If, in relation to any water supply zone the water undertaker can submit evidence based on representative surveys, monitoring data, or other reliable information satisfying the Department that water supplied to that zone for regulation 4(1) purposes—]

(a) gives rise to a [F5 calculated indicative dose] in respect of radioactivity that is well below the specification; or

(b) contains levels of tritium that are well below the specification, [F6 ; or]

[F7 (c) contains levels of radon that are well below the specification,]

the Department [F8 shall, by notice in writing, inform the water undertaker that the indicative dose parameter (item 10 in Schedule 2) or as the case may be the radon parameter (item 8 in that Schedule) or the tritium parameter (item 12 in that Schedule), need not be monitored and this decision and supporting evidence shall be communicated to the European Commission]

[F9 (7A) A representative survey must be designed in such a way—

(a) as to be capable of determining the scale and nature of likely exposures to radon in water intended for human consumption originating from different types of groundwater sources and wells in different geological areas; and

(b) that underlying parameters, especially the geology and hydrology of the area, radioactivity of rock or soil, and well type, can be identified and used to direct further action to areas of likely high exposure.]

(8) The Department shall, by notice in writing—

(a) withdraw a notice under paragraph (7) given in relation to the [F10 indicative dose] parameter if it believes that water supplied to the zone in question for regulation 4(1) purposes gives rise to a calculated [F10 indicative dose] in respect of radioactivity that is not well below the specification;

(b) withdraw a notice under paragraph (7) given in relation to the tritium parameter if it believes that water supplied to the zone in question for regulation 4(1) purposes contains levels of tritium that are not well below the specification.

[F11 (c) withdraw a notice under paragraph (7) given in relation to the radon parameter if it believes that water supplied to the zone in question for regulation 4(1) purposes contains levels of radon that are not well below the specification;]

(9) Should a water undertaker receive a notice under paragraph (8) it shall monitor [F12 the indicative dose parameter or, as the case may be, the radon parameter or the tritium parameter] in accordance with the notice having effect for the time being under paragraph (6).

Textual Amendments

F2 Words in reg. 6(6) substituted (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(3)

F3 Reg. 6(6A) inserted (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(4)

F4 Words in reg. 6(7) substituted (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(5)(a)

F5 Words in reg. 6(7)(a) substituted (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(5)(b)

F6 Word in reg. 6(7)(b) added (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(5)(c)

F7 Reg. 6(7)(c) inserted (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(5)(d)

F8 Words in reg. 6(7) substituted (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(5)(e)

F9 Reg. 6(7A) inserted (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(6)

F10 Words in reg. 6(8)(a) substituted (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(7)(a)

F11 Reg. 6(8)(c) inserted (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(7)(b)

F12 Words in reg. 6(9) substituted (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(8)

Commencement Information

I6 Reg. 6 in operation at 1.4.2007, see reg. 1(1)

Sampling points N.I.

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, shall be selected at random unless, by notice in writing to a water undertaker (whether or not on the application of the water undertaker), the Department otherwise determines.

Commencement Information

I7 Reg. 7 in operation at 1.4.2007, see reg. 1(1)

Authorisation of supply points N.I.

8.—(1) The Department, 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 and 9 to [F13 26] 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) Subject to paragraph (3), the Department may, in relation to any parameter other than a parameter referred to in paragraph (1), on the written application of a water undertaker, 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.

(3) The Department shall not grant an authorisation under paragraph (2) unless it is 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.

(4) Subject to paragraph (5), the Department may at any time modify or revoke an authorisation under paragraph (2).

(5) Unless it appears to the Department that the immediate modification or revocation of an authorisation under paragraph (2) is required in the interests of public health, it shall not modify or revoke such an authorisation without giving the water undertaker at least six weeks’ notice of the Department’s intention to modify or revoke.

(6) A water undertaker shall notify the Department 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 Department shall thereupon, and without the need for prior notice to the water undertaker, revoke the authorisation.

Textual Amendments

F13 Word in reg. 8(1) substituted (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(9)

Commencement Information

I8 Reg. 8 in operation at 1.4.2007, see reg. 1(1)

Number of samples N.I.

9.—(1) Subject to paragraph (2), in each year a water undertaker shall 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 by it to a water supply zone 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 shall 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 [F14 26] 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.

Textual Amendments

F14 Word in reg. 9(4)(b) substituted (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(10)

Commencement Information

I9 Reg. 9 in operation at 1.4.2007, see reg. 1(1)

Sampling: further provisions N.I.

10.  As soon as a water undertaker 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 its water supply zones to be a supply which does not satisfy—

(a) the provisions of Part III or,

(b) if a departure has been authorised under Part VI, those provisions as read with the terms of that authorisation,

it shall 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.

Commencement Information

I10 Reg. 10 in operation at 1.4.2007, see reg. 1(1)

PART V N.I. MONITORING – ADDITIONAL PROVISIONS

Interpretation of Part V N.I.

11.  In this Part, in relation to residual disinfectant or a parameter specified as item 1, 2, 3, 4 or 6 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 the number shown in column (5) and column (4), respectively, of that Table as applicable to residual disinfectant or the parameter in question by reference to a volume of water within that range.

Commencement Information

I11 Reg. 11 in operation at 1.4.2007, see reg. 1(1)

Sampling for particular substances and parameters N.I.

12.  For the purposes of establishing the quality of water to be supplied to any of its water supply zones, a water undertaker shall take, or cause to be taken, and analyse, or cause to be analysed, not less than the number of samples specified in this Part.

Commencement Information

I12 Reg. 12 in operation at 1.4.2007, see reg. 1(1)

Sampling at treatment works N.I.

13.—(1) Subject to paragraphs (2), (4) and (6), in each year a water undertaker shall take, or cause to be taken, from the point at which water leaves each treatment works which serves its water supply zones, the standard number of samples for analysis—

(a) for determining the concentration of residual disinfectant;

(b) for determining whether, in relation to the colony counts and turbidity parameters, water leaving treatment works meets the specifications for those parameters set out in Schedule 2; and

(c) for testing for compliance with the prescribed concentrations or values in respect of the coliform bacteria, E. coli, and nitrite parameters for water leaving treatment works.

(2) Where in each of two successive years the results of the analysis of samples taken, subject to paragraph (3), in accordance with these Regulations have established—

(a) in respect of the coliform bacteria, E. coli or nitrite parameter, that the maximum concentration has not been exceeded;

(b) in respect of the turbidity parameter, that the specification has been met;

(c) in respect of the colony counts parameter, that there has been no significant increase,

the number of samples to be taken in respect of that parameter in the next following year from the point at which water leaves that treatment works may, subject to paragraph (4), be the reduced number.

(3) In respect of the coliform bacteria parameter and the E. coli parameter, the reduced number of samples may be taken in accordance with paragraph (2) only if the water undertaker is of the opinion—

(a) that there is no foreseeable risk that the supply will exceed the maximum concentration for that parameter; or

(b) that the treatment works is designed to secure that, in the event of a failure of the disinfection process, water that has not been disinfected cannot enter the supply.

(4) Samples required to be taken by this regulation shall be taken at regular intervals.

(5) Where a particular treatment works is in use for part only of a year, the minimum number of samples to be taken from that works in that year shall bear to the standard number or, as the case may be, the reduced number, the same proportion as the number of days in that year in which the treatment works has been in use bears to 365.

Commencement Information

I13 Reg. 13 in operation at 1.4.2007, see reg. 1(1)

Sampling at service reservoirs N.I.

14.  A water undertaker shall take, or cause to be taken, from each of its service reservoirs in each week in which the reservoir is in use, one sample for analysis—

(a) for testing for compliance with the prescribed concentrations or values in respect of the parameters E. coli and coliform bacteria;

(b) for determining the concentration of residual disinfectant; and

(c) for determining whether the specification in relation to the colony counts parameter is met.

Commencement Information

I14 Reg. 14 in operation at 1.4.2007, see reg. 1(1)

Sampling: new sources N.I.

15.—(1) This regulation applies as respects—

(a) any source which has not been used for the supply of water by the Department or a water undertaker at any time since 1st January 2004; and

(b) any source which has been so used but not so used for a period of six months preceding the date on which the water undertaker proposes to supply water from it.

(2) A water undertaker shall—

(a) before it supplies water from a source mentioned in paragraph (1)(a); and

(b) as soon as is reasonably practicable after it has begun to supply water from a source mentioned in paragraph (1)(b),

take, or cause to be taken, in accordance with paragraph (3), such samples of that water as will enable it to establish—

(aa)

whether water can be supplied from that source without contravening Article 108(1) of the Order; and

(bb)

the treatment necessary to ensure that Article 108(1) of the Order is complied with in relation to the supply of that water.

(3) Samples shall be taken—

(a) in the case of a source mentioned in paragraph (1)(a), in respect of—

(i) the parameters listed in Schedules 1 and 2; and

(ii) any other element, organism or substance which, in the opinion of the water undertaker, may cause the supply to contravene Article 108(1) of the Order;

(b) in the case of a source mentioned in paragraph (1)(b), in respect of—

(i) the parameters listed in Table A in Schedule 1;

(ii) the conductivity, hydrogen ion and turbidity parameters; and

(iii) any other parameter as regards which the water undertaker is of the opinion that its concentration or value is likely to have altered since the last occasion on which water from that source was analysed.

Commencement Information

I15 Reg. 15 in operation at 1.4.2007, see reg. 1(1)

Collection and analysis of samples N.I.

16.—(1) A water undertaker shall secure, so far as is reasonably practicable, that in taking, handling, transporting, storing and analysing any sample required to be taken for the purposes of Part IV or this Part, or causing any such sample to be taken, handled, transported, stored and analysed, the appropriate requirements are satisfied.

(2) In paragraph (1) “the appropriate requirements” means such of the following requirements as are applicable—

(a) the sample is representative of the quality of the water at the time of sampling;

(b) the sample is not contaminated when being taken;

(c) the sample is kept at such temperature and in such conditions as will secure that there is no material alteration of the concentration or value for the measurement or observation of which the sample is intended;

(d) the sample is analysed as soon as may be after it has been taken—

(i) by or under the supervision of a person who is competent to perform that task; and

(ii) with the use of such equipment as is suitable for the purpose;

(e) any laboratory at which samples are analysed has a system of analytical quality control that is subjected from time to time to checking by a person who is—

(i) not under the control of either the laboratory or the water undertaker; and

(ii) approved by the Department for that purpose.

(3) For the purposes of paragraph (2)(e), “laboratory” means a person who undertakes the analysis of samples for the purposes of this Part, whether at the time and place at which the samples are taken or otherwise.

(4) A water undertaker shall maintain such records as are sufficient to enable it to establish, in relation to each sample taken for the purposes of Part IV or this Part, that such of the appropriate requirements as are applicable to that sample have been satisfied.

(5) Subject to paragraph (7), for the purpose of establishing, within acceptable limits of deviation and detection, whether the sample contains concentrations or values which contravene the prescribed concentrations or values, or exceed the specifications for indicator parameters—

(a) the method of analysis specified in column (2) of Table A1 in Schedule 4 shall be used for the parameter specified in relation to that method in column (1);

(b) the method of analysis used for a parameter specified in column (1) of Table A2 in that Schedule must be capable, at the time of use—

(i) of measuring concentrations and values equal to the parametric value with the trueness and precision specified in relation to that parameter in columns (2) and (3) of that Table; and

(ii) of detecting the parameter at the limit of detection specified in relation to that parameter in column (4) of that Table;

(c) the method of analysis used for determining compliance with the hydrogen ion parameter must be capable, at the time of use, of measuring concentrations equal to the parametric value with a trueness of 0.2 pH unit and a precision of 0.2 pH unit; and

(d) the method of analysis used for the odour and taste parameters must be capable, at the time of use, of measuring values equal to the parametric value with a precision of 1 dilution number at 25°C.

(6) For the purposes of paragraph (5)—

“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

(b)

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

“precision” (the random error) is to be calculated as twice the standard deviation (within a batch and between batches) of the spread of results about the mean; and

“trueness” (the systematic error) is to be calculated as the difference between the mean value of the large number of repeated measurements and the true value.

(7) Subject to paragraph (9), the Department may, on the application of any person, authorise a method of analysis other than that specified in paragraph (5)(a) (“the prescribed method”).

(8) An application for the purposes of paragraph (7) shall be made in writing and shall be accompanied by—

(a) a description of the method of analysis; and

(b) the results of the tests carried out to demonstrate the reliability of that method and its equivalence to the prescribed method.

(9) The Department shall not authorise the use of the method proposed in the application unless it is satisfied that the results obtained by the use of that method are at least as reliable as those produced by the use of the prescribed method.

(10) An authorisation under paragraph (7) may be subject to such conditions as the Department thinks fit.

(11) The Department may at any time, by notice in writing served on the water undertaker to which an authorisation under paragraph (7) has been given, revoke the authorisation, but no such notice shall be served later than three months before the date on which the revocation is stated to take effect.

Commencement Information

I16 Reg. 16 in operation at 1.4.2007, see reg. 1(1)

PART VI N.I. INVESTIGATIONS, AUTHORISATION OF DEPARTURES AND REMEDIAL ACTION

Investigations: Schedule 1 parameters N.I.

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).

(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 this part—

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

(b) if a water undertaker 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,

a water undertaker 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 Department—

(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 Department and to each appropriate district council.

(7) If the water undertaker has complied with the requirements of paragraphs (5) and (6) it need not, in respect of the same failure or apprehended failure, comply with the requirements of regulation 33(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 Department may 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).

Commencement Information

I17 Reg. 17 in operation at 1.4.2007, see reg. 1(1)

Investigations: indicator parameters N.I.

18.—(1) Where the 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 count 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 Department—

(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 Department and to each appropriate district council.

(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 Department may determine for the purposes of this paragraph of the matters of which notice is given to consumers in accordance with paragraph (3)(a).

Commencement Information

I18 Reg. 18 in operation at 1.4.2007, see reg. 1(1)

Action by the Department N.I.

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)—

(i) discloses 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 Department that the failure is not trivial and is likely to recur,

the Department may, by notice in writing to the water undertaker, require the undertaker to seek a departure in accordance with regulation 20.

(2) 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 Department that the failure in respect of that parameter is not trivial and is likely to recur,

the Department shall consider whether the terms of the authorisation under regulation 20 should be modified.

(3) 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 Department considers that the inability poses a risk to human health,

the Department may, by notice in writing, require a water undertaker to take such steps as may be determined by the Department and specified in the notice.

(4) Should a notice be given under paragraph (3) it shall be the duty of the water undertaker to take the steps specified in the notice.

Commencement Information

I19 Reg. 19 in operation at 1.4.2007, see reg. 1(1)

Authorisation of temporary supply of water that is not wholesome N.I.

20.—(1) Subject to paragraph (2), the Department may, upon the written application of the water undertaker, authorise in accordance with regulation 21 a departure from the provisions of Part III 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 the water undertaker in any of its water supply zones.

(2) The Department 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) The 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 Department.

(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 district council;

(b) every appropriate health and social services board,

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 Department 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.

Commencement Information

I20 Reg. 20 in operation at 1.4.2007, see reg. 1(1)

Authorisations: terms and conditions N.I.

21.—(1) Subject to paragraph (2), a departure may be authorised under regulation 20 for such period as is in the Department’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 Department is of the opinion—

(a) that the extent of the contravention of 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 Department 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 Department 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”.

Commencement Information

I21 Reg. 21 in operation at 1.4.2007, see reg. 1(1)

Authorisations: other limitations N.I.

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.

Commencement Information

I22 Reg. 22 in operation at 1.4.2007, see reg. 1(1)

Publicity for authorisations N.I.

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 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 Department 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 Department may, by notice in writing to the water undertaker, reasonably require.

Commencement Information

I23 Reg. 23 in operation at 1.4.2007, see reg. 1(1)

Revocation and modification of authorisations N.I.

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

(2) The Department 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;

(b) the appropriate district council; and

(c) the appropriate health and social services board,

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 Department as soon as the circumstances which gave rise to the application cease to exist; and the Department shall thereupon revoke the authorisation without the need for prior notice.

Commencement Information

I24 Reg. 24 in operation at 1.4.2007, see reg. 1(1)

PART VII N.I. WATER TREATMENT

Interpretation of Part VII N.I.

25.  In this Part—

“the Guidance for Cryptosporidium” means ‘the Guidance for the Monitoring of Cryptosporidium in Treated Water in Northern Ireland’ issued by the Department of the Environment (published May 2002, First Edition, Revised February 2003);

“risk assessment”, “continuous monitoring programme” and “significant risk from Cryptosporidium” have the same meanings as those contained in “the Guidance for Cryptosporidium”; and

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

Commencement Information

I25 Reg. 25 in operation at 1.4.2007, see reg. 1(1)

Treatment of raw water N.I.

26.—(1) In carrying out such of its functions under Part IV of the Order as comprise the supply of water for regulation 4(1) purposes, the water undertaker shall not, subject to paragraph (2), supply water from any source which consists of or includes raw water unless the water has been disinfected and, in the case of surface water, subjected to at least such further treatment as is specified in paragraph (3).

(2) Nothing in paragraph (1) shall require the water undertaker to disinfect such groundwaters as are specified in an authorisation given by the Department for the purposes of this paragraph.

(3) The further treatment mentioned in paragraph (1) is such treatment as is required to secure compliance with Council Directive 75/440/EC (quality required of surface water intended for the abstraction of drinking water)(3); and for the purposes of this regulation, surface water shall be treated as falling within category A1 or A2 or A3 set out in Annex I to that Directive if it is abstracted from waters for which the classification to be currently satisfied in accordance with Article 5(1) of the Water (Northern Ireland) Order 1999(4) is, as appropriate, DW1 or DW2 or DW3, as set out in the Surface Waters (Abstraction for Drinking Water) (Classification) Regulations (Northern Ireland) 1996(5).

(4) Except with the consent of the Department, water shall not be abstracted for supply for domestic purposes which include drinking except from waters to be treated as falling within category A1 or A2 or A3 in the Annex mentioned in paragraph (3).

Commencement Information

I26 Reg. 26 in operation at 1.4.2007, see reg. 1(1)

Risk assessment for Cryptosporidium N.I.

27.—(1) It shall be the duty of the water undertaker to carry out an annual risk assessment for Cryptosporidium at all its water treatment works.

(2) Where the water undertaker carries out a risk assessment under paragraph (1) it shall submit to the Department a report of the assessment which shall set out the results of the assessment and a statement that the assessment has established—

(a) that there is a significant risk from Cryptosporidium; or

(b) that there is no such risk.

(3) Where the risk assessment carried out by the water undertaker under paragraph (1) establishes that there is a significant risk at a water treatment works for Cryptosporidium then the undertaker shall—

(a) introduce at the treatment works a continuous monitoring programme; and

(b) take measures, as agreed with the Department, to reduce the risk of Cryptosporidium to low as identified by the risk assessment carried out in accordance with paragraph 3.7 of the Guidance for Cryptosporidium.

Commencement Information

I27 Reg. 27 in operation at 1.4.2007, see reg. 1(1)

Procedure following risk assessment N.I.

28.  Where the Department considers that the assessment that is the subject of a report submitted to it in accordance with paragraph (2) of regulation 27 has not been carried out satisfactorily, it shall send a notification to the water undertaker which—

(a) sets out the Department’s 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 it a report of that assessment,

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

Commencement Information

I28 Reg. 28 in operation at 1.4.2007, see reg. 1(1)

Contamination from pipes N.I.

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

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

(b) contain a concentration of lead in excess of 10µg/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 Article 108(3)(a) of the Order, or its associated fittings.

(3) Paragraph (1) shall not require the 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 before 25th December 2013, the 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 10µg/1 but does not exceed 25µg/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 regulation 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 the 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.

Commencement Information

I29 Reg. 29 in operation at 1.4.2007, see reg. 1(1)

Application and introduction of substances and products N.I.

30.—(1) In this regulation—

F15 ...(6)

“EEA State” means a State which is a contracting party to the agreement on the European Economic Area signed at Oporto on 2nd May 1992(7) as adjusted by the Protocol signed at Brussels on 17th March 1993(8);

F15 ...

F15 ...

(2) Subject to paragraph (3), the water undertaker shall not apply any substance or product to, or introduce any substance or product into, water which is to be supplied for regulation 4(1) purposes unless it has been approved by the Secretary of State under regulation 31(4) of the Water Supply (Water Quality) Regulations 2000(9).

(3) A substance or product which, at the time of its application or introduction, bears an appropriate CE marking in accordance with [F16 Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC,] or conforms to—

F17 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18 (a)] an appropriate British Standard or some other national standard of an EEA State which provides an equivalent level of protection and performance,

may be applied or introduced, notwithstanding that it has not been approved by the Secretary of State under regulation 31(4) of the Water Supply (Water Quality) Regulations 2000, but any such application or introduction shall be subject to—

(i)

such national conditions of use restricting the dosing concentration as are for the time being in force in relation to such substances and products pursuant to a determination of the Secretary of State by an instrument in writing; and

(ii)

such other requirements, within the meaning of Council Directive 98/34/EC, as amended(10) (which lays down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services), in relation to such substances and products, as have been communicated to the Commission in the form of a draft technical regulation in accordance with Article 8 of that Directive, and whose adoption by a Member State has also been communicated to the Commission.

Textual Amendments

F15 Words in reg. 30(1) omitted (28.11.2015) by virtue of The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(11)(a)

F16 Words in reg. 30(3) substituted (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(11)(b)

F17 Reg. 30(3)(a) omitted (28.11.2015) by virtue of The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(11)(c)

F18 Reg. 30(3)(b) renumbered as reg. 30(3)(a) (28.11.2015) by The Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2015 (revoked) 2015 (S.R. 2015/363), regs. 1(1), 2(11)(d)

Commencement Information

I30 Reg. 30 in operation at 1.4.2007, see reg. 1(1)

Use of processes N.I.

31.—(1) The Department may at any time by notice in writing given to the water undertaker require it to make an application to the Department for approval of the use of any process; and may prohibit it for such period as may be specified in the notice from using any such process in connection with the supply by it of water for regulation 4(1) purposes.

(2) The Department may refuse the application or impose on any approval given for the purposes of this regulation such conditions as it thinks fit and, subject to paragraph (3), may at any time by notice in writing to the water undertaker revoke an approval so given or modify or revoke any condition imposed by virtue of this paragraph.

(3) Subject to paragraph (4), the Department shall not—

(a) revoke any approval given for the purposes of this regulation;

(b) modify any condition imposed by virtue of paragraph (2); or

(c) prohibit the water undertaker from using any process, unless it has given to the undertaker at least six months’ notice in writing of its intention to revoke, modify or prohibit, as the case may be.

(4) Paragraph (3) shall not apply in any case in which the Department is of the opinion that the immediate revocation, modification or prohibition is necessary in the interests of public health.

Commencement Information

I31 Reg. 31 in operation at 1.4.2007, see reg. 1(1)

PART VIII N.I. RECORDS AND INFORMATION

Maintenance of records N.I.

32.—(1) The water undertaker shall prepare and maintain, in respect of each of its water supply zones, a record containing—

(a) the name of the zone;

(b) the name of every water treatment works, service reservoir and other supply point from which water is supplied to premises within the zone;

(c) an estimate of the population of the zone;

(d) particulars of any departure authorised under Part VI which applies to water supplied in the zone;

(e) particulars of the action taken or required to be taken by the water undertaker to comply with -

(i) any departure authorised under Part VI; and

(ii) any notice under regulation 19(3);

(f) particulars of the result of any analysis of samples taken in accordance with Part IV or any of regulations 12 to 14 and 27(3)(a); and

(g) such other particulars as the water undertaker may determine.

(2) The water undertaker shall make—

(a) entries in respect of the matters mentioned in paragraph (1)(e)(i), where relevant, and (1)(e)(ii) within 28 days of the date of the authorisation and notice respectively; and

(b) entries relating to the results of the analysis of samples within 28 days of the day on which the result is first known to the water undertaker.

(3) Without prejudice to paragraph (2) the water undertaker shall at least once in each year review and bring up to date the record required to be kept by paragraph (1).

(4) Nothing in this regulation shall require the water undertaker to retain a record—

(a) of information mentioned in any of sub-paragraphs (a), (b) and (f) of paragraph (1) at any time more than 30 years after the date on which the information was first entered in the record;

(b) of information mentioned in any other sub-paragraph of that paragraph at any time more than five years after the date on which the information was first entered in the record.

Commencement Information

I32 Reg. 32 in operation at 1.4.2007, see reg. 1(1)

Provision of information N.I.

33.—(1) The water undertaker shall make available for inspection by the public at all reasonable hours and free of charge at least one of its offices any record maintained by it in accordance with regulation 32.

(2) The water undertaker shall afford to any person facilities to take or obtain a copy of any part of a record maintained in accordance with regulation 32—

(a) in the case of information relating to that zone, free of charge if the person receives a supply of water in the zone;

(b) in any other case, on payment of such reasonable charge as the water undertaker may determine.

(3) The water undertaker shall not later than the 31st March in each year supply such information requested by the Department, in relation to the general quality of water supplied in each water treatment works, service reservoir and water supply zone in the preceding year.

(4) The water undertaker shall, not later than the 30th June in each year, supply to each district council to any part of whose area that the undertaker supplied water in the preceding year, information concerning the general quality of water supplied during that year to premises in the council’s area, and—

(a) in respect of each treatment works from which water was so supplied, the particulars referred to in paragraph (5);

(b) in respect of each service reservoir, and every other supply point (other than a treatment works), from which water was so supplied, the particulars referred to in paragraph (6);

(c) in respect of—

(i) each water supply zone of which any part is within the council’s area, and

(ii) each parameter and residual disinfectant,

the particulars referred to in paragraph (7); and

(d) information as to the action taken by the water undertaker in that year to comply with —

(i) any departure authorised under Part VI; and

(ii) any notice under regulation 19(3).

(5) The particulars referred to in this paragraph are—

(a) the names of the water supply zones supplied from the works during the preceding year;

(b) the result of any analysis of samples taken in the preceding year in accordance with Part IV or regulations 12, 13 and 27(3)(a);

(c) in relation to those samples and each parameter other than an indicator parameter—

(i) the number and percentage of samples which contravened the prescribed concentration or value; and

(ii) if at the time that samples were taken a departure had been authorised in respect of that parameter, the number and percentage of samples which exceeded the concentration or value specified in the authorisation;

(d) in respect of each indicator parameter, the number and percentage of the samples taken in the preceding year which did not meet the specification for that parameter;

(e) in respect of Cryptosporidium and, with the exception of E. coli, coliform bacteria and every indicator parameter, each parameter, the minimum, mean and maximum concentrations; and

(f) in respect of residual disinfectant and, with the exception of Clostridium perfringens (including spores), each indicator parameter, the minimum, mean and maximum concentrations or values or, where a state is specified in relation to any such parameter, a commentary on its state.

(6) The particulars referred to in this paragraph are—

(a) the names of the water supply zones supplied from the service reservoir or, as the case may be, the supply point, during the preceding year;

(b) the result of any analysis of samples taken in the preceding year in accordance with Part IV, regulation 12 or regulation 14;

(c) in relation to those samples and each parameter other than an indicator parameter—

(i) the number and percentage of samples which contravened the prescribed concentration or value; and

(ii) if at the time that samples were taken a departure had been authorised in respect of that parameter, the number and percentage of samples which exceeded the concentration or value specified in the authorisation;

(d) in respect of each indicator parameter, the number and percentage of the samples taken in the preceding year which did not meet the specification for that parameter;

(e) in respect of each parameter, with the exception of E. coli, coliform bacteria and every indicator parameter, the minimum, mean and maximum concentrations; and

(f) in respect of residual disinfectant and, with the exception of Clostridium perfringens (including spores), each indicator parameter, the minimum, mean and maximum concentrations or values or, where a state is specified in relation to any such parameter, a commentary on its state.

(7) The particulars referred to in this paragraph are—

(a) the number of samples taken in the preceding year;

(b) the result of any analysis of samples taken in the preceding year in accordance with Part IV;

(c) in relation to those samples and each parameter other than an indicator parameter—

(i) the number and percentage of samples which contravened the prescribed concentration or value; and

(ii) if at the time that samples were taken a departure had been authorised in respect of that parameter, the number and percentage of samples which exceeded the concentration or value specified in the authorisation;

(d) in respect of each indicator parameter, the number and percentage of the samples taken in the preceding year which did not meet the specification for that parameter;

(e) in respect of each parameter, with the exception of E. coli, enterococci and every indicator parameter, the minimum, mean and maximum concentrations; and

(f) in respect of residual disinfectant and, with the exception of coliform bacteria and Clostridium perfringens (including spores), each indicator parameter, the minimum, mean and maximum concentrations or values or, where a state is specified in relation to any such parameter, a commentary on its state.

(8) As soon as may be after the occurrence of any event which, by reason of its effect or likely effect on the water supplied by the water undertaker, gives rise or is likely to give rise to a significant risk to the health of persons residing in the area of a district council or a health and social services board, the water undertaker shall notify each such authority of the occurrence.

(9) The water undertaker shall send to the Department a copy of every notification given under paragraph (8).

(10) Where a council or a health and social services board have received a notification under paragraph (8), they may require the water undertaker to provide them with such information relating to the event and its consequences as they may reasonably require.

Commencement Information

I33 Reg. 33 in operation at 1.4.2007, see reg. 1(1)

Publication of information N.I.

34.—(1) The water undertaker shall, not later than 30th June in each year, publish a report relating to the preceding year containing—

(a) a statement of the number of treatment works, service reservoirs and other supply points from which it supplied water during any part of the year;

(b) a statement of the number of its water supply zones for the year;

(c) in respect of water supplied from its treatment works, the particulars referred to in paragraph (4);

(d) in respect of its service reservoirs and other supply points (other than treatment works), the particulars referred to in paragraph (5);

(e) in respect of its water supply zones, the particulars referred to in paragraph (6);

(f) a statement of the action taken by the water undertaker during the year to comply with—

(i) any departure authorised under Part VI; and

(ii) any notice under regulation 19(3);

(g) a statement that any person may, free of charge, inspect the records of water quality kept by the water undertaker in accordance with regulation 33; and

(h) particulars of the times and places at which such inspection may be made.

(2) A report under paragraph (1) may include such other information as the water undertaker thinks fit.

(3) At the same time as it publishes a report in accordance with paragraph (1) the water undertaker shall send a copy of it to every district council within whose area it supplied water in the preceding year.

(4) The particulars referred to in this paragraph are—

(a) the total number of samples taken from all of the water undertaker’s treatment works in the preceding year in respect of Cryptosporidium, residual disinfectant and each parameter;

(b) in relation to those samples and each parameter other than an indicator parameter—

(i) the number and percentage of samples which contravened the prescribed concentration or value; and

(ii) if at the time that samples were taken a departure had been authorised in respect of that parameter, the number and percentage of samples which exceeded the concentration or value specified in the authorisation;

(c) the number and percentage of treatment works at which samples of the descriptions mentioned in paragraphs (i) and (ii) of sub-paragraph (b) were produced;

(d) in relation to the samples mentioned in sub-paragraph (a), and each indicator parameter, the number and percentage of the samples which did not meet the specification for that parameter; and

(e) the number and percentage of treatment works at which samples of the description mentioned in sub-paragraph (a) and each indicator parameter were produced.

(5) The particulars referred to in this paragraph are—

(a) the total number of samples taken from all of the water undertaker’s service reservoirs and other supply points (other than treatment works), in the preceding year in respect of residual disinfectant and each parameter;

(b) in relation to those samples—

(i) the number and percentage which contravened the prescribed concentration or value; and

(ii) if at the time that they were taken a departure had been authorised, the number and percentage which exceeded the concentration or value specified in the authorisation;

(c) the number and percentage of service reservoirs, and other supply points (other than treatment works), at which samples of the descriptions mentioned in paragraphs (i) and (ii) of sub-paragraph (b) were produced;

(d) in relation to the samples mentioned in sub-paragraph (a) and each indicator parameter, the number and percentage of the samples which did not meet the specification for that parameter; and

(e) the number and percentage of service reservoirs, and other supply points (other than treatment works), at which samples of the description mentioned in sub-paragraph (d) were produced.

(6) The particulars referred to in this paragraph are—

(a) total number of samples taken from all of the water undertaker’s water supply zones in the preceding year in respect of residual disinfectant and each parameter;

(b) in relation to those samples and each parameter other than an indicator parameter—

(i) the number and percentage of samples which contravened the prescribed concentration or value; and

(ii) if at the time that samples were taken a departure had been authorised in respect of that parameter, the number and percentage of samples which exceeded the concentration or value specified in the authorisation;

(c) the number and percentage of water supply zones at which samples of the descriptions mentioned in paragraphs (i) and (ii) of sub-paragraph (b) were produced;

(d) in relation to the samples mentioned in sub-paragraph (a) and each indicator parameter, the number and percentage of the samples which did not meet the specification for that parameter; and

(e) the number and percentage of water supply zones at which samples of the description mentioned in sub-paragraph (d) were produced.

Commencement Information

I34 Reg. 34 in operation at 1.4.2007, see reg. 1(1)

PART IX N.I. TRANSITIONAL PROVISIONS

Transitional Provisions N.I.

35.  Any authorisation given to the Department under regulation 20 or 21 of the Water Supply (Water Quality) Regulations (Northern Ireland) 2002 and which has not been revoked or expired by 31st March 2007 shall have effect as if given to a water undertaker under regulation 20 or 21.

Commencement Information

I35 Reg. 35 in operation at 1.4.2007, see reg. 1(1)

Sealed with the Official Seal of the Department for Regional Development on 8th March 2007

John Mills

A senior officer of the

Department for Regional Development