5.—(1) The Department may, provided that a risk assessment is performed in accordance with regulation 7 and subject to paragraphs (6) and (7) deviate from the requirements of Group A and Group B monitoring required by this Schedule.
(2) Based on the results of a risk assessment and in accordance with paragraph (1), the list of parameters in this Schedule including any other micro-organism, parasite or substance included in the Group A or Group B parameters (except radon, tritium and indicative dose), must be extended and/or the minimum sampling frequencies in this Schedule increased by the Department if the list of parameters, substances or microorganisms or frequencies required to be monitored is not sufficient to;
(a)be representative of the water consumed throughout the year;
(b)verify that the obligations imposed by regulation 6(2) have been met;
(c)ensure the obligations in paragraph 1(1)(a) of Schedule 2 have been met;
(d)verify that the requirements of regulation 5(a) have been met.
(3) In accordance with paragraph (1) and subject to paragraphs (4) and (5) the sampling frequency for a parameter in this Schedule including any other micro-organism, parasite or substance included in the Group A or Group B parameters (except radon, tritium and indicative dose), may be reduced or the parameter removed (except radon, tritium and indicative dose) from the list of parameters to be monitored under this Schedule provided that the following conditions are met—
(a)the monitoring for Escherichia coli (E. Coli.) is not removed from the monitoring programme and the frequency of monitoring is not reduced below the frequency required by this Schedule ; and
(b)for other parameters in the list—
(i)the location and frequency of sampling is determined in relation to the parameter’s origin, as well as the variability and long term trend of its concentration, taking into account the prescribed concentration and values in Schedule 1;
(ii)to reduce the sampling frequency for a parameter under this Schedule, the results obtained from samples collected at regular intervals over a period of at least 3 years must all be less than 60% of the prescribed concentration or value for the parameter;
(iii)to remove a parameter from the list of parameters to be monitored under this Schedule the results obtained from samples collected at regular intervals over a period of at least 3 years must all be less than 30% of the prescribed concentration or value of the parameter; and
(iv)to remove a parameter from the list of parameters to be monitored under this Schedule must be based on the result of a risk assessment, informed by the results of monitoring of sources of water under these Regulations and subject to confirmation that human health is protected from the adverse effects of any contamination of water.
(4) The sampling frequency for a parameter under this Schedule including any other micro-organism, parasite or substance included in the Group A or Group B parameters (except radon, tritium and indicative dose) may be reduced under paragraph (3)(b)(ii) only if the risk assessment confirms that no factor (that can be reasonably anticipated) is likely to cause deterioration of the quality of the water.
(5) Any such parameter may be removed from the list of parameters to be monitored under paragraph (3)(b)(iii) only if the risk assessment confirms that no factor (that can be reasonably anticipated) is likely to cause deterioration of the quality of the water.
(6) In the case of naturally occurring radionuclides, where previous results have shown that the concentration of radionuclides is stable, the frequency, in derogation from the minimum sampling requirements set out in Tables 3 and 4, may be reduced, taking into consideration the risk to human health.
(7) The Department is not required to monitor private supplies for radon or tritium or to establish the ID for a period of time to be determined by the Department, where it is satisfied on the basis of representative surveys carried out under regulation 8, monitoring data or other reliable information that the levels of radon, tritium or of the calculated ID will remain well below the respective parametric values or specifications.
(8) A notice of a decision not to monitor under sub-paragraph (7) along with supporting evidence for the decision including any representative surveys carried out under regulation 8, monitoring data or other reliable information must be communicated to the European Commission.