The Water Supply (Water Quality) Regulations 2010

Explanatory Note

(This note is not part of the Regulations)

These Regulations supplement Chapter III (Water Supply) of the Water Industry Act 1991 (“the 1991 Act”) and revoke and replace the Water Supply (Water Quality) Regulations 2001 and the Water Supply (Water Quality) Regulations 2001 (Amendment) Regulations 2007. They are primarily concerned with the quality of water supplied by water undertakers whose areas are wholly or mainly in Wales for drinking, washing, cooking and food preparation, and for food production, and with arrangements for the publication of information about water quality.

The Regulations implement Council Directive 98/83/EC (OJ No L 330, 5.12.98, p. 32) (“the 1998 Directive”), on the quality of water intended for human consumption and their purpose is to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean. In particular, effect is given in Part III of the Regulations to Articles 4 and 5 of the 1998 Directive which relate to the quality of water intended for human consumption and, in Part V, to Article 7 (monitoring) of that Directive.

Part I of the Regulations (regulations 1 and 2) defines terms that are used in the Regulations.

Part II (regulation 3) requires water undertakers to identify annually the areas (“water supply zones”) that are to be relevant for a particular year for the purposes of the application of provisions of the Regulations. A water supply zone may not comprise an area in which the estimated population exceeds 100,000. Water undertakers may not alter the boundaries of water supply zones during the year.

Part III (regulation 4) prescribes standards of wholesomeness in respect of water that is supplied by water undertakers for cooking, drinking, food preparation and washing and other domestic purposes and to premises for food production purposes. These various purposes are referred to in the Regulations as “regulation 4(1) purposes”. In particular, regulation 4 provides that water is to be regarded as wholesome if it contains concentrations or values in respect of various properties, elements, organisms and substances that do not contravene prescribed maximum and, in some cases, minimum concentrations or values. Some of the prescribed maximum and minimum concentrations and values are specified in regulation 4, but most are included in Tables A and B which appear in Schedule 1 to the Regulations. They include the values specified in Parts A and B of Annex 1 to the 1998 Directive. There are also specifications for indicator parameters in Schedule 2.

Part IV (regulations 5 to 10) provides for the monitoring of water supplies by reference to the analysis of samples. Regulation 5 defines two monitoring regimes; “audit” monitoring and “check” monitoring. Regulation 6 requires water undertakers to take a minimum number of samples each year in respect of a variety of properties, elements, organisms and substances. It also makes special provision for monitoring supplies from tankers. Regulation 7 requires water undertakers to select at random the consumers' taps from which samples are to be taken. Regulation 8 authorises the taking of samples from points other than consumers' taps (“supply points”) and allows the Welsh Ministers to authorise other supply points. Regulation 9 deals with the number of samples to be taken. These are specified in Tables 1 and 2 in Schedule 3 to the Regulations, and are not less than those specified in Annex II to the 1998 Directive. Regulation 10 requires samples to be taken where water undertakers have reason to believe that the quality of the water within their water supply zone has been adversely affected by the presence of certain elements, organisms or substances.

Part V (regulations 11 to 16) contains additional provisions relating to sampling. Regulations 13 and 14 require samples to be taken in respect of particular organisms and substances, at treatment works and at reservoirs which store treated water. Regulation 15 requires samples to be taken before water is supplied from new sources and from sources which have not recently been used. Regulation 16 prescribes requirements relating to the taking, handling, storage, transport and analysis of samples.

Part VI (regulation 17) provides a requirement in relation to the monitoring of drinking water abstraction points. Monitoring at such points is necessary to comply with the new provisions on disinfection of raw water, other treatment arrangements and risk assessments.

Part VII (regulations 18 to 26) provides for the investigation of every failure to satisfy a concentration, value or state prescribed by regulation 4 and for a report to be made to the Welsh Ministers. Regulation 21 sets out the requirements where there is a failure attributable to domestic distribution system where that water is supplied to the public. Where a failure relates to a Table B parameter, and certain other conditions are met, the Welsh Ministers may require the water undertaker to apply to it for an authorisation allowing a departure from the requirements of Part III, as regards that parameter. The circumstances in which such authorisations may be issued, and the conditions to which they are subject, are contained in regulations 23 and 24, respectively. (Article 9 of the 1998 Directive permits derogations from the parametric values). Provision is made in regulation 25 for publicising authorisations. Regulation 26 provides for the modification and withdrawal of authorisations.

Part VIII (regulations 27 to 33) deals with the treatment of water and regulates the substances, processes and products that may be used by water undertakers in connection with the supply of water. Regulation 27 imposes requirements relating to the disinfection of water and imposes additional requirements for the treatment of surface water. It prohibits the abstraction for the supply of drinking water of waters below category A3, as required by Council Directive 75/440/EEC (quality required of surface water intended for the abstraction of drinking water). Regulation 28 provides for the carrying out of risk assessments. Regulation 29(4) prohibits the supply of water from treatment works for regulation 4(1) purposes on and after 1st January 2002 unless a risk assessment has been carried out and either the Welsh Ministers have authorised the supply or remedial treatment has been required and is being carried out. Regulation 30 makes provision for securing the elimination or reduction to a minimum of the risk that water will be contaminated after supply by excessive concentrations of copper or lead. Regulation 31 specifies the circumstances in which water undertakers may apply or introduce substances or products into water supplied for drinking, washing or cooking. Regulation 32 enables the Welsh Ministers to require that its approval be obtained to the use of processes. Contravention of some of the requirements of regulations 28, 29, 31 and 32 is made a criminal offence by regulation 33, as is the making of false statements.

Part IX deals with the provision of information by water undertakers. Regulation 34 requires water undertakers to prepare and maintain records containing information about the quality of water supplied in their water supply zones. Regulation 35 requires each water undertaker to make available for public inspection, and to supply local authorities with, information about the quality of water within its water supply zones, the extent to which Part IV of the Regulations has been complied with, details of any departures authorised under Part VII of the Regulations and of the action which has been taken to comply with enforcement orders under section 18 of the 1991 Act. It also requires each water undertaker to give notice of any occurrence which gives rise, or may give rise, to a potential danger to human health. Notice is to be given to each local authority and health authority in whose area reside persons to whose health there is or may be potential danger, and to the relevant customer service committee.

Part X (regulations 36 and 37) imposes requirements on local authorities in the performance of their duties in relation to the quality of water supplied by water undertakers.

Part XI (regulation 38) provides that contraventions by water undertakers of duties or requirements imposed by Parts V to IX of the Regulations are to be enforceable under section 18 of the 1991 Act by the Welsh Ministers. This provision is additional to the criminal sanctions provided by regulation 33 in relation to contraventions of regulations 28 and 29, 31 and 32.

A regulatory impact assessment in respect of the Regulations may be obtained from the Water and Climate Change Division, Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ. A copy has also been placed in the library of each House of Parliament.