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

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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.

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