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The Water Supply (Water Quality) Regulations (Northern Ireland) 2017

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Procedure following risk assessment

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31.—(1) As soon as reasonably practicable after a water undertaker has carried out a risk assessment or review of such assessment under regulation 30, it must submit to the Department a report of the assessment.

(2) The report must contain—

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

(b)a summary of the risk assessment results;

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

(d)where the assessment or review establishes that measures have been taken to remove a significant risk of supplying water that could constitute a potential risk to human health or 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 risk to human health or 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 a water undertaker—

(i)has made operational as at the date of the report, and

(ii)intends to make operational,

to mitigate the risk.

(4) Where the Department has received a report which states that there is or has been a significant risk of supplying water that could constitute a risk to human health or be unwholesome, it may, by notice served on a water undertaker, require it—

(a)to maintain such specified measures for such period of time as it considers appropriate to mitigate the risk;

(b)to review, revise, or make operational such specified measures by such date as it considers 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 5(1) purposes from specified treatment works, or not to so supply unless specified conditions are satisfied; and

(e)to give it such information as it 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 Department may, by notice served on a water undertaker, revoke or amend a notice served under paragraph (4).

(7) Article 30 of the 2006 Order applies to the enforcement by the Department of the duties under this regulation in the same way as it applies to the enforcement by the enforcement authority of the duties to which that Article applies.

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