The Water Supply (Water Quality) Regulations 2001 (revoked)

PART VI E+W INVESTIGATIONS, AUTHORISATION OF DEPARTURES AND REMEDIAL ACTION

Investigations: Schedule 1 parameters E+W

17.—(1) Subject to paragraph (3), where a [F1 a water undertaker or combined licensee has reason to believe that water of a relevant description]—

(a) fails, or is likely to fail, to satisfy a requirement of paragraph (2) of regulation 4; or

(b) is to be regarded as unwholesome by virtue of paragraph (4) of that regulation; or

(c) if paragraph (6) of that regulation were ignored, would be regarded as unwholesome by virtue of paragraph (5) of that regulation,

the water undertaker [F2 or combined licensee] shall immediately take such steps as are necessary to identify the matters specified in paragraph (2) below.

[F3 (1A) In this regulation, “water of a relevant description” means water supplied by a relevant supplier which uses a supply system for the purposes of supplying water to consumers, being a supply system into which the water undertaker or combined licensee introduces water.]

(2) The matters referred to in paragraph (1) are—

(a) the cause and extent of the failure or, as the case may be, the apprehended failure;

(b) the Schedule 1 parameters in respect of which the prescribed concentration or value has not been, or is unlikely to be, achieved; and

(c) in relation to each parameter so identified, whether the failure, or apprehended failure, to achieve the prescribed concentration or value is attributable—

(i) to the domestic distribution system;

(ii) to the maintenance of that system; or

(iii) to neither of those matters.

(3) Where a departure has been authorised under Part VI—

(a) paragraph (1) shall apply only in respect of the Schedule 1 parameters (if any) that are not specified in the authorisation; and

(b) a [F4 every water undertaker or combined licensee which has reason to believe that water of a relevant description] fails, or is likely to fail, to satisfy the concentration or value required by the authorisation in relation to any Schedule 1 parameter, shall immediately take such steps as are necessary to identify the matters specified in paragraph (4).

(4) The matters referred to in paragraph (3) are—

(a) the cause and extent of the failure or, as the case may be, the apprehended failure;

(b) the Schedule 1 parameters in respect of which the required concentration or value has not been, or is unlikely to be, achieved; and

(c) in relation to each parameter so identified, whether the failure, or apprehended failure, to achieve that concentration or value is attributable—

(i) to the domestic distribution system;

(ii) to the maintenance of that system; or

(iii) to neither of those matters.

[F5 (5) As soon as may be after the matters specified in paragraph (2) or (4), as the case may be, have been identified, the water undertaker or combined licensee shall—

(a) notify the National Assembly for Wales—

(i) of those matters;

(ii) whether it is its opinion that, in relation to each parameter identified in accordance with paragraph (2)(b) or (4)(b), a failure in respect of that parameter is likely to recur; and

(iii) of the action (if any) taken by it in relation to a failure which is attributable to the domestic distribution system or the maintenance of that system; and

(b) send a copy of that notice to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure.]

[F6 (6) Where the water undertaker or combined licensee has identified a failure attributable to the domestic distribution system or to the maintenance of such a system, it shall, at the same time as notification is given under paragraph (5)—

(a) by notice in writing—

(i) to those of its consumers who are likely to be affected by the failure, and

(ii) to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure,

inform them of the nature of the failure and provide details of the steps (if any) that, in its opinion, it is necessary or desirable for those consumers to take in the interests of their health; and

(b) send a copy of that notice to the National Assembly for Wales and to each appropriate local authority.

(6A) A relevant supplier which receives a notice under paragraph (6)(a)(ii) shall immediately send or cause to be sent a copy of that notice to those of its consumers who are likely to be affected by the failure.]

(7) A water undertaker [F7 or combined licensee] which has complied with the requirements of paragraphs (5) and (6) need not, in respect of the same failure or apprehended failure, comply with the requirements of regulation 35(9).

(8) Where such a failure as is mentioned in paragraph (6) affects the supply of water to the public in premises in which water is so supplied, the water undertaker [F7 or combined licensee] shall, as soon as may be, notify such persons as the National Assembly for Wales may from time to time determine for the purposes of this paragraph of the matters of which notice is given to consumers in accordance with paragraph (6)(a).

(9) Where such a failure as is mentioned in paragraph (1) relates to the copper or lead parameter, the [F8 relevant supplier] shall, as soon as reasonably practicable after the occurrence, modify or replace such of its pipes and their associated fittings as it knows or has reason to believe have the potential for contributing to copper or lead in the water supplied to the premises, so as to eliminate that potential (whether or not the presence of copper or lead in those pipes contributed to the failure).

Textual Amendments

F1 Words in reg. 17(1) substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(14)(a)(i)

F2 Words in reg. 17(1) inserted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(14)(a)(ii)

F3 Reg. 17(1A) inserted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(14)(b)

F4 Words in reg. 17(3)(b) substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(14)(c)

F5 Reg. 17(5) substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(14)(d)

F6 Reg. 17(6)(6A) substituted for reg. 17(6) (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(14)(e)

F7 Words in reg. 17(7)(8) inserted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(14)(f)

F8 Words in reg. 17(9) substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(14)(g)

Investigations: indicator parameters E+W

18.—(1) Where a [F9 water undertaker or combined licensee has reason to believe that water of a relevant description] does not meet the specifications for indicator parameters set out in Schedule 2, it shall take such steps as are necessary to identify—

(a) the reason why the specifications are not met;

(b) the indicator parameters in respect of which the specifications are not met; and

(c) if the specification for the coliform bacteria or colony counts parameter (items 4 and 5 in Schedule 2) is not met, whether the inability to meet that specification is attributable—

(i) to the domestic distribution system;

(ii) to the maintenance of that system; or

(iii) to neither of those matters.

[F10 (1A) In this regulation, “water of a relevant description” means water supplied by a relevant supplier which uses a supply system for the purposes of supplying water to consumers, being a supply system into which the water undertaker or combined licensee introduces water.]

[F11 (2) As soon as may be after the matters specified in paragraph (1) have been identified, the water undertaker or combined licensee shall—

(a) notify the National Assembly for Wales—

(i) of those matters;

(ii) whether it is its opinion that, in relation to each parameter identified in accordance with paragraph (1)(b), a recurrence of the inability to meet the specification in respect of that parameter is likely; and

(b) send a copy of that notice to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure.]

[F12 (3) Where, in a case to which paragraph (1)(c) applies, the inability to meet the specification has been identified as attributable to the domestic distribution system or to the maintenance of that system, the water undertaker or combined licensee shall, at the same time as notification is given under paragraph (2)—

(a) by notice in writing—

(i) to those of its consumers who are likely to be affected by the failure, and

(ii) to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure,

inform them of the nature of the failure and provide details of the steps (if any) that, in its opinion, it is necessary or desirable for those consumers to take in the interests of their health; and

(b) send a copy of that notice to the National Assembly for Wales and to each appropriate local authority.

(3A) A relevant supplier which receives a notice under paragraph (3)(a)(ii) shall immediately send or cause to be sent a copy of that notice to those of its consumers who are likely to be affected by the failure.]

(4) Where such an inability as is mentioned in paragraph (3) is, in the opinion of the water undertaker [F13 or combined licensee], likely to affect the supply of water to the public in premises in which water is so supplied, it shall, at the same time as notice is given under paragraph (2), notify such persons as the National Assembly for Wales may from time to time determine for the purposes of this paragraph of the matters of which notice is given to consumers in accordance with paragraph (3)(a).

Textual Amendments

F9 Words in reg. 18(1) substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(15)(a)

F10 Reg. 18(1A) inserted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(15)(b)

F11 Reg. 18(2) substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(15)(c)

F12 Reg. 18(3)(3A) substituted for reg. 18(3) (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(15)(d)

F13 Words in reg. 18(4) inserted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(15)(e)

Action by National Assembly for Wales E+W

19.—(1) Where—

(a) a notification given in accordance with paragraph (5) of regulation 17 in the circumstances mentioned in paragraph (1) of that regulation (including that paragraph as read with paragraph (3)(a) of that regulation) discloses—

(i) a failure in respect of a parameter specified in Part II of Table A or in Table B in Schedule 1; and

(ii) that the failure is not attributable to the domestic distribution system or the maintenance of that system; and

(b) it appears to the National Assembly for Wales that the failure is not trivial and is likely to recur,

the National Assembly for Wales may, by notice in writing to [F14 any relevant supplier which uses the supply system for the purposes of supplying water to consumers in respect of which the notification was given, require that relevant supplier] to seek a departure in accordance with regulation 20.

(2) The exercise by the National Assembly for Wales of the power conferred by paragraph (1) shall not preclude the exercise by it, in relation to the same circumstances, of the power conferred by section 18 of the Act.

(3) Where—

(a) a notification given in accordance with paragraph (5) of regulation 17 in the circumstances mentioned in paragraph (3)(b) of that regulation discloses—

(i) a failure in relation to any parameter specified in Part II of Table A or in Table B in Schedule 1; and

(ii) that the failure is not attributable to the domestic distribution system or the maintenance of that system; and

(b) it appears to the National Assembly for Wales that the failure in respect of that parameter is not trivial and is likely to recur,

the National Assembly for Wales shall consider whether the terms of the authorisation under regulation 20 should be modified.

(4) Where—

(a) a notification given in accordance with regulation 18(2) discloses an inability to meet the specification applicable to an indicator parameter; and

(b) the National Assembly for Wales considers that the inability poses a risk to human health;

the National Assembly for Wales may, by notice in writing to [F14 any relevant supplier which uses the supply system for the purposes of supplying water to consumers in respect of which the notification was given, require that relevant supplier] to take such steps as may be determined by the National Assembly for Wales and specified in the notice.

(5) It shall be the duty of a [F15 relevant supplier] to which a notice under paragraph (4) has been given to take the steps specified in the notice.

Textual Amendments

F14 Words in reg. 19(1)(4) substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(16)(a)

F15 Words in reg. 19(5) substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(16)(b)

Authorisation of temporary supply of water that is not wholesome E+W

20.—(1) Subject to paragraph (2), the National Assembly for Wales may, upon the written application of a [F16 relevant supplier], authorise in accordance with regulation 21 a departure from the provisions of Part III of these Regulations in so far as they relate to—

(a) a parameter specified in Part II of Table A or in Table B in Schedule 1; and

[F17 (b) the supply of water by a relevant supplier in any of the water supply zones which it uses for the purposes of supplying water to consumers.]

(2) The National Assembly for Wales shall not authorise a departure under paragraph (1) unless it is satisfied—

(a) that the authorisation is necessary to maintain in that zone a supply of water for regulation 4(1) purposes;

(b) that a supply of water for those purposes cannot be maintained in that zone by any other reasonable means; and

(c) that the supply of water in accordance with the authorisation does not constitute a potential danger to human health.

(3) [F18 Every water undertaker or combined licensee] shall provide with its application—

(a) a statement—

(i) of the grounds on which the authorisation is sought;

(ii) of the water supply zone in respect of which the authorisation is sought;

(iii) of the parameters in respect of which the prescribed concentration or value cannot be met;

(iv) in respect of each parameter to which paragraph (iii) applies, of the results of the analysis of the samples taken in the water supply zone in question during the 12 months immediately preceding the first day on which the prescribed concentration or value could not be met;

(v) in respect of each parameter to which paragraph (iii) applies, of the results of the analysis of the samples (if any) taken in the water supply zone in question between the first day on which the prescribed concentration or value could not be met and the date of the application;

(vi) of the average daily quantity of water supplied to that zone or, if that quantity cannot readily be ascertained, of the average daily quantity of water supplied from the treatment works that supplies water to that zone;

(vii) of the estimated population of that zone;

(viii) as to whether, if a departure were authorised in the terms sought, any relevant food-production undertaking would be affected;

(ix) of the period for which the authorisation is sought; and

(x) of the reasons why the supply cannot be maintained by other reasonable means;

(b) a scheme for monitoring the quality of water supplied in the zone during the period for which the authorisation is sought; and

(c) a summary of the steps that it proposes to take[F19 , either alone or together with other relevant suppliers,] in order to secure that the supply fully satisfies the requirements of Part III, including—

(i) a timetable for the work;

(ii) an estimate of the cost of the work; and

(iii) provisions for reviewing the progress of the work and for reporting the result of the review to the National Assembly for Wales.

(4) At the same time as it makes an application for an authorisation under paragraph (1), the water undertaker [F20 or combined licensee] shall serve on—

(a) every appropriate local authority;

(b) every appropriate health authority; and

(c) the [F21 Council],

a copy of the application and of the statement, scheme and summary referred to in paragraph (3).

(5) A body on whom documents have been served in accordance with paragraph (4) may make representations to the National Assembly for Wales in connection with the application; and any such representations shall be made not later than the end of the period of 30 days beginning with the date on which the application for the authorisation is made.

Textual Amendments

F16 Words in reg. 20(1) substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(17)(a)(i)

F17 Reg. 20(1)(b) substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(17)(a)(ii)

F18 Words in reg. 20(3) substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(17)(b)(i)

F19 Words in reg. 20(3)(c) inserted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(17)(b)(ii)

F20 Words in reg. 20(4) inserted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(17)(c)

F21 Word in reg. 20(4)(c) substituted (1.10.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(3), 4(3)

Authorisations: terms and conditions E+W

21.—(1) Subject to paragraph (2), a departure may be authorised under regulation 20 for such period as is in the National Assembly for Wales’s opinion reasonably required for securing a supply of water for regulation 4(1) purposes that fully satisfies the requirements of Part III (“the departure period”).

(2) No departure period may exceed three years.

(3) Subject to paragraph (4), an authorisation under regulation 20—

(a) shall specify—

(i) the grounds on which it is granted;

(ii) every water supply zone in respect of which it is granted;

(iii) the extent to which a departure from the prescribed concentration or value of any parameter is authorised;

(iv) in respect of each parameter to which paragraph (iii) applies, the results of the analysis of the samples taken in each water supply zone in question during the 12 months immediately preceding the first day on which the prescribed concentration or value could not be met;

(v) in respect of each parameter to which paragraph (iii) applies, the results of the analysis of the samples (if any) taken in each water supply zone in question between the first day on which the prescribed concentration or value could not be met and the date of the application;

(vi) the average daily quantity of water supplied from each of those zones or, if that quantity cannot readily be ascertained, the average daily quantity of water supplied from the treatment works that supplies water to that zone;

(vii) the estimated population of each of those zones;

(viii) whether or not any relevant food-production undertaking would be affected; and

(ix) the departure period; and

(b) shall require the implementation of a scheme for monitoring the quality of water supplied in each of those zones during the departure period (which may be, but need not be, the scheme submitted in accordance with regulation 20(3)(b)); and

(c) shall require the carrying out of the steps which, in its opinion, are reasonably required in order to secure that the supply fully satisfies the requirements of Part III (whether or not the steps are those proposed in the summary submitted in accordance with regulation 20(3)(c)); and

(d) shall specify, in relation to those steps—

(i) the timetable for the work;

(ii) an estimate of the cost of the work; and

(iii) provisions for reviewing the progress of the work and for reporting to it the result of the review; and

(e) shall require the taking of such steps as may be specified to give to the population within the water supply zones to which the authorisation applies and, in particular, to those groups of that population for which the supply of water in accordance with the authorisation could present a special risk, advice as to the measures (if any) that it would be advisable in the interests of their health for persons within that population or those groups to take for the whole or any part of the departure period.

(4) Where the National Assembly for Wales is of the opinion—

(a) that the extent of the contravention of the requirements of Part III as respects any parameter is trivial; and

(b) that the prescribed concentration or value as respects that parameter is likely to be achieved within the period of 30 days beginning with the day on which the prescribed concentration or value in respect of that parameter was contravened,

the particulars to be specified in the authorisation shall be those required by paragraph (3)(a)(iii) and (ix), and sub-paragraphs (b) to (e) of that paragraph shall not apply.

(5) Where it appears to the National Assembly for Wales that a supply of water that fully satisfies the requirements of Part III cannot be restored by the end of the departure period, it may authorise a further departure.

(6) Paragraphs (1) to (4) shall apply to a further departure as they apply to a departure authorised under regulation 20.

(7) Where it appears to the National Assembly for Wales that a supply of water that fully satisfies the requirements of Part III cannot be restored by the end of the departure period relevant to an authorisation under paragraph (5), it may, in accordance with Article 9(2) of Council Directive 98/83/EEC, authorise a third departure.

(8) Paragraph (3) shall apply to a departure authorised under paragraph (7) as it applies to a departure authorised under regulation 20, but with the substitution for the words “Subject to paragraph (4)” of the words “ Subject to any direction of the Commission ”.

Authorisations: other limitations E+W

22.  An authorisation under regulation 20 or regulation 21 may be limited to water supplied—

(a) from particular sources or classes of source;

(b) to particular water supply zones or to zones of particular descriptions.

Publicity for authorisations E+W

23.— [F22 (1)] As soon as reasonably practicable after a departure has been authorised, the [F23 specified relevant suppliers jointly] shall—

(a) publish in a newspaper circulating in the area in which the water supply zone to which the authorisation relates is situated—

(i) except in a case to which paragraph (4) of regulation 21 applies, a notice containing a statement of the matters specified in paragraph (3)(a)(ii), (iii), (viii) and (ix) of that regulation;

(ii) in a case to which paragraph (4) of regulation 21 applies, and if the National Assembly for Wales so requires, a notice containing a statement of the matters specified in paragraph (3)(a)(ii), (iii) and (ix) of that regulation;

(b) give such other public notice of the authorisation and of its terms and conditions as the National Assembly for Wales may, by notice in writing to the [F24 specified relevant suppliers ], reasonably require.

[F25 (2) In this regulation “specified relevant suppliers” means relevant suppliers—

(a) who use the same water supply zone for the purposes of supplying water to consumers; and

(b) for the purposes of that supply, rely on an authorised departure relating to the same facts.]

Textual Amendments

F22 Reg. 23(1) formed from reg. 23 (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(18)

F23 Words in reg. 23 substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(18)(a)

F24 Words in reg. 23(b) substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(18)(b)

F25 Reg. 23(2) inserted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(18)(c)

Revocation and modification of authorisations E+W

24.—(1) Subject to paragraphs (2) and (3), the National Assembly for Wales may at any time modify or revoke an authorisation under regulation 20.

(2) The National Assembly for Wales shall not revoke or modify an authorisation under regulation 20 without giving at least six months’ notice in writing of its intention to do so to—

(a) the [F26 relevant supplier] to which the authorisation relates;

[F27 (aa) any other relevant supplier which, for the purposes of supplying water to consumers, uses the water supply zone in respect of which the authorised departure has been given;]

(b) the appropriate local authority;

(c) the appropriate health authority; and

(d) the [F28 Council],

but it may revoke or modify an authorisation without notice if it appears to it that immediate revocation or modification is required in the interests of public health.

(3) A [F29 relevant supplier] on whose application a departure has been authorised under this Part shall notify the National Assembly for Wales as soon as the circumstances which gave rise to the application cease to exist; and the National Assembly for Wales shall thereupon revoke the authorisation without the need for prior notice.

Textual Amendments

F26 Words in reg. 24(2)(a) substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(19)(a)

F27 Reg. 24(2)(aa) inserted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(19)(b)

F28 Words in reg. 24(2)(d) substituted (1.10.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(3), 4(4)

F29 Words in reg. 24(3) substituted (1.12.2005) by The Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005 (S.I. 2005/2035), regs. 1(4), 11(19)(a)