PART 8Water Treatment

Procedure following risk assessment and prohibition of supply28

1

As soon as reasonably practicable after a water undertaker or supplementary licensee has carried out a risk assessment or review of such assessment under regulation 27, it must submit to the Welsh Ministers a report of the assessment or review.

2

The report must contain—

a

a description of the methods used to carry out the assessment or review;

b

where the assessment or review establishes that there is no significant risk of supplying water that could constitute a potential danger to human health or could be unwholesome, a statement confirming this; and

c

where the assessment or review establishes that measures have been taken to remove a significant risk of supplying water that could constitute a potential danger to human health or could be unwholesome—

i

monitoring data which verifies this; and

ii

details of those measures.

3

Where the assessment or review establishes that there is a significant risk of supplying water that could constitute a potential danger to human health or could be unwholesome, the report must—

a

contain a full explanation including details of every property, organism or substance that has been identified as contributing to the risk; and

b

specify the measures that the water undertaker or supplementary licensee—

i

has made operational as at the date of the report; and

ii

intends to make operational, to mitigate the risk.

4

Where the Welsh Ministers have received a report which states that there is or has been a significant risk of supplying water that could constitute a potential danger to human health or could be unwholesome, they may, by notice served on the water undertaker or supplementary licensee, require the water undertaker or supplementary licensee—

a

to maintain such specified measures for such period of time as the Welsh Ministers consider appropriate to mitigate the risk;

b

to review, revise or make operational such specified measures by such date as the Welsh Ministers consider appropriate to mitigate the risk;

c

to audit whether the measures have been effective by such means as may be specified;

d

not to supply water for regulation 4(1) purposes from specified treatment works or supply systems, or not to so supply unless specified conditions are satisfied; and

e

to give the Welsh Ministers such information as they may require to monitor progress towards mitigation of that risk.

5

In paragraph (4), “specified” means specified in the notice served under that paragraph.

6

The Welsh Ministers may, by notice served on the relevant water undertaker or supplementary licensee, revoke or amend a notice served under paragraph (4).