The Water Supply (Water Quality) Regulations (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Regulations.)

These Regulations supplement the Water and Sewerage Services (Northern Ireland) Order 1973 (the Order), amend, for a limited period, the Water Quality Regulations (Northern Ireland) 1994 (the 1994 Regulations) and, on 1st January 2004, revoke and replace those Regulations. They are primarily concerned with the quality of water supplied in Northern Ireland for drinking, washing, cooking and food preparation, and for food production, and with arrangements for the publication of information about water quality.

The Regulations are directed at the achievement of the objective set out in Article 2 of Council Directive 98/83/EC (O.J. No. L 330, 5.12.98, p. 32) (“the 1998 Directive”), namely, 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 the Department for Regional Development 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. The Department for Regional Development 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 the Department for Regional Development 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 the Department for Regional Development 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 the Department for Regional Development 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 Department 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 the Department for Regional Development 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 (regulations 17 to 24) 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 Department. Where a failure relates to a Table B parameter, and certain other conditions are met, the Department may require the Department for Regional Development 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 21 and 22, respectively. (Article 9 of the 1998 Directive permits derogations from the parametric values). Provision is made in regulation 23 for publicising authorisations. Regulation 24 provides for the modification and withdrawal of authorisations.

Part VII (regulations 25 to 32) deals with the treatment of water and regulates the substances, processes and products that may be used by the Department for Regional Development in connection with the supply of water. Regulation 26 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). Regulations 27 and 28 relate specifically to cryptosporidium. Regulation 27 provides for the carrying out of risk assessments. Regulation 28 provides the procedures following risk assessments. Regulation 29 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 30 specifies the circumstances in which the Department for Regional Development may apply or introduce substances or products into water supplied for drinking, washing or cooking. Regulation 31 enables the Department to require that its approval be obtained to the use of processes. Regulation 32 creates an offence for wilfully or negligently introducing a process, substance or product in contravention of regulations 30 or 31; anyone found guilty of the offence is liable to fine.

Part VIII deals with the provision of information by the Department for Regional Development. Regulation 33 requires the Department for Regional Development to prepare and maintain records containing information about the quality of water supplied in their water supply zones. Regulation 34 requires the Department for Regional Development to make available for public inspection, and to supply the Department of the Environment and district councils 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 VI of the Regulations. It also requires the Department for Regional Development to provide district councils and health authorities with information relating to matters that could affect the health of persons residing in the district councils' areas. Regulation 35 requires the Department for Regional Development to publish an annual report containing information about the quality of water.

Part IX (regulations 36 to 38) amends the 1994 Regulations, makes transitional provision and revokes the 1994 Regulations and other related provisions subject to savings. The amendments to the 1994 Regulations, which take effect on 28th November 2002, are set out in Schedule 5 (regulation 36).

Regulation 37 makes further transitional provision to enable the Department for Regional Development to apply in advance for the Department’s authorisation in relation to matters which, on and after 25th December 2003,will need to be authorised under Part VI of the Regulations.

Regulation 38 revokes, in stages and in relation to the Department for Regional Development and district councils, the 1994 Regulations and the amendments made by regulation 36. Regulation 21 of the Private Water Supplies Regulations (Northern Ireland) 1994 and regulation 8(1) of the Surface Waters (Abstraction for Drinking Water) (Classification) Regulations (Northern Ireland) 1996 are also revoked to the same extent, in consequence of the revocation of the 1994 Regulations. The revocation of the 1994 Regulations does not affect the obligations of the Department for Regional Development to keep records, provide information, make reports for the year ending on 31st December 2003.

Copies of the “Guidance for the Monitoring of Cryptosporidium in Treated Water in Northern Ireland” may be obtained from the Department’s Environment and Heritage Service, Calvert House, 23 Castle Place, Belfast BT1 1FY.

Copies of the ISO standards referred to in Table A1 in Schedule 4 may be obtained from BSI, 389 Chiswick High Road, London W4 4AL.