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PART 5Monitoring – Additional Provisions

Sampling: new sources

14.—(1) This regulation applies in relation to—

(a)any source which has not previously been used for the supply of water by a water undertaker or supplementary licensee; and

(b)any source which has been so used but not so used for a period of 6 months preceding the date on which the water undertaker or supplementary licensee proposes to supply water from it.

(2) Every water undertaker or supplementary licensee must take, or cause to be taken, in accordance with paragraph (3) and (4), such samples of that water as will enable it to establish —

(a)whether water can be supplied from that source without contravening section 68(1) of the Act (duties of water undertakers and licensed water suppliers with respect to water quality)(1); and

(b)the treatment necessary to ensure that section 68(1) of the Act is complied with in relation to the supply of that water.

(3) The samples must be taken or caused to be taken—

(a)before the water undertaker or supplementary licensee supplies water from a source mentioned in paragraph (1)(a);

(b)as soon as is reasonably practicable after the water undertaker or supplementary licensee has begun to supply water from a source mentioned in paragraph (1)(b).

(4) Samples must be taken—

(a)in the case of a source mentioned in paragraph (1)(a), in respect of—

(i)the parameters listed in Schedules 1 and 2; and

(ii)any other element, organism or substance which, in the opinion of the water undertaker or supplementary licensee proposing to use the source, may cause the supply to contravene section 68(1) of the Act;

(b)in the case of a source mentioned in paragraph (1)(b), in respect of—

(i)the parameters listed in Table A in Schedule 1;

(ii)the conductivity, hydrogen ion and turbidity parameters; and

(iii)any other parameter as regards which the water undertaker or supplementary licensee proposing to use the source is of the opinion that its concentration or value is likely to have altered since the last occasion on which water from that source was analysed.

(5) Unless the conditions in paragraph (6) are satisfied, a water undertaker or supplementary licensee must not supply water from a source mentioned in paragraph (1)(a) for regulation 4(1) purposes until 1 month has passed following the day on which the water undertaker or supplementary licensee complied with regulation 28(1) with respect to that source.

(6) The conditions are that the water undertaker or supplementary licensee—

(a)must supply water from the source as a matter of urgency in order to prevent an unexpected interruption in piped supply to consumers; and

(b)before the supply is made, has carried out a risk assessment under regulation 27 specifically with respect to the source.

(7) For the purposes of paragraph (6)(b), regulation 27 will apply to supplies made as a matter of urgency as if “treatment works” includes a source from which untreated water is supplied.

(1)

Section 68(1) was amended by paragraph 18 of Schedule 8 to the Water Act 2003.