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Drinking Water 2001

A report by the Chief Inspector
Drinking Water Inspectorate

C. Events Affecting Water Quality

  • Investigating events that affect or potentially affect the quality of drinking water supplies.

  • Learning lessons and preventing events from recurring.

  • Taking the necessary action against water companies.

  • 459 events notified in 2001.
 

Water Companies are Required to Report all Water Quality Problems to the Inspectorate

  • The Water Undertakers (Information) Direction 1998 (the ‘Information Direction’) requires water companies to inform the Inspectorate of all events that have affected, or are likely to affect, drinking water quality or sufficiency of supplies and where, as a result, there may be a risk to consumers’ health.

  • Companies are required to notify the Inspectorate as soon as possible of any events which, in their opinion, meet the criteria set down in the Information Direction.

  • DWI Information Letter 13/99 provides further guidance on these criteria.

  • Notified events must be confirmed in writing within 72 hour and a full report must be provided within 30 days for all events deemed by the Inspectorate to be incidents.

  • Companies are also encouraged to notify the Inspectorate of events not meeting the prescribed criteria, but which could impact on water quality or cause concern to consumers.
  • Water quality events are classified according to the following definitions:

    Event

    Any occurrence which by its nature is required to be notified under the Information Direction. Water companies have to use their judgement in any particular set of circumstances.
    Incident

    A sub-set of events defined by the Inspectorate to include:

    • a non-trivial and unexpected breach of Part II of the Regulations; or

    • a breach of Part VI of the Regulations; or
      an unusual deterioration in water quality; or

    • a significant risk to the health of consumers; or

    • adverse water quality changes perceived by consumers as significant; or

    • a cause for significant media interest.


    Non-incident

    All other event notifications not classified as incidents.

  • Full text of the Water Undertakers (Information) Direction 1998 (included in DWI Information Letter 4/98) and DWI Information Letter 13/99 can be found on the web site at www.dwi.gov.uk (look in the A-Z index under ‘Current Information Letters’ or, if you are reading this on the web, by clicking on the links: ‘Information Direction’ and ‘Information Letter’).

The Inspectorate assesses every event and, if required, takes action against water companies

  • The Assessment – Inspectors assess the water company’s 72 hours report to determine whether the event is an incident. If the event is deemed to be an incident a 30 day report may also be required. The Inspector assesses all the information available to determine:

    • what caused the problem and whether or not it was avoidable;

    • what the company did in response and how it handled the incident;

    • what lessons can be learned to prevent similar incidents in the future;

    • if there were any breaches of enforceable regulations; and

    • whether the company supplied water that was unfit for human consumption.

  • The Outcome – This table summarises the typical outcomes of assessments based on the severity of the problem and the actions taken as a result.

Outcome of assessment

Action taken

No breaches of regulations.
Company acted appropriately in response to the problem.

Letter of assessment is sent to the company and copied to: The Welsh Assembly Government, relevant local and district health authorities, and to OFWAT, as appropriate

Breaches of regulations and/or deficiencies in response.

Letter of assessment to the company, including recommendations for action which the company must take to address problems which the incident exposed. The Welsh Assembly Government, relevant local and district health authorities, and OFWAT are informed of the outcome, as appropriate.

Significant or repeated breaches of enforceable regulations.

Enforcement action initiated against the company. A legal process to ensure that the company takes all necessary action to prevent further breaches. The Welsh Assembly Government, relevant local and district health authorities, and OFWAT are informed of the outcome, as appropriate.

Supply of water unfit for human consumption as a result of either deficiencies in the company’s response or failings in its actions.

Initiation of either prosecution proceedings against the company or the issue of a formal caution for a criminal offence. The Welsh Assembly Government, relevant local and district health authorities, and OFWAT are informed of the outcome, as appropriate.

 

Incidents Notified in 2001: 138

Non-Incidents Notified in 2001:

321

Total Number of Events in 2001

459

2001 Events Assessed: 440
No action required: 377
Recommendations: 60
Enforcement Action: 3
Caution: 0
Prosecutions: 0
Pre-2001 Events Assessed in 2001: 42
No action required: 24
Recommendations: 10
Enforcement Action: 0
Caution: 5

Prosecutions:

3

Total Number of Assessments Completed in 2001

482

2001 Assessments Outstanding: 19

Pre-2001 Assessments Outstanding:

16

Total Number of Assessments Outstanding

35


  • The overall number of notifications made to the Inspectorate during 2001 has maintained the steady increase observed since 1998. This is due in part to continued improved arrangements for, and guidance on, the reporting of significant events. The number of notifications that have been considered as incidents has remained about the same as for 2000.

  • It should be noted that following completion of assessment by the Inspectorate, a few of the events initially classified as incidents might subsequently be re-classified as non-incidents, and vice versa.


      Companies prosecuted or cautioned for supplying water unfit for human consumption

    • The Inspectorate completed successful prosecutions against three water companies during the report period. The cases related to three incidents that occurred in between 1998 and 2000; a further case was also taken into consideration. The Inspectorate also issued formal cautions to two companies relating to a further five incidents which occurred between 1998 and 2000. Brief details of prosecutions and cautions are contained in the tables below.

      Prosecutions

    Date of Incident

    Date of Court
    Case

    		Company Incident Details Fine Costs
    July 2000 18.06.01 Dwr Cymru Cyfyngedig Merthyr Tydfil – Discolouration of supplies £12,000 £5,777
    2August 2000 05.09.01 Anglian Water Meppershall – Discolouration of supplies £21,000 £7,345
    February 1999 11.01.02 Yorkshire Water Thornton and Denholme – Thornton and Denholme - Discolouration of supplies
    One other case (Pudsey, May 1998) taken into consideration.    		 £15,000 £8,261

    Formal Cautions

    Date of Incident

    Date of Caution

    		 Company Incident Details
    June to
    July 1998    		 23.04.01 Mid Kent Water Small Hythe – Discolouration of supplies
    February 1999 January 2002 Yorkshire Water Leeds Moortown – Discolouration of supplies
    February 1999 15.08.01 Yorkshire Water Pudsey – Discolouration of supplies
    October 1999 15.08.01 Yorkshire Water High Storrs, Sheffield – Discolouration of supplies
    March 2000 January 2001 Yorkshire Water Holmfirth – Discolouration of supplies

    • The following table gives the number of prosecutions and cautions that have taken place following the Inspectorate’s investigation of incidents, which were concluded between 1998 and 2001. It also shows the number of court cases pending, and the number of incidents that are still under consideration as at 31 March 2002. In studying the table it is important to take into account the following:

      • the number of incidents occurring can be expected to be approximately proportional to the size of the water company, and particularly the length of the distribution system;

      • companies with no incidents in these categories are not included in the table;

      • many are minor incidents affecting a small number of consumers;

      • many of the incidents occur for reasons outside the control of water companies, e.g. a burst main;

      • prosecution cases can take at least a year to get to court so they do not necessarily reflect the position today.

    Water Company Incidents and Prosecutions 1998–2001

    Water company Population supplied Km of mains No of incidents notified in year Prosecutions (cautions) completed in year Court cases pending at 31/03/02 Incidents still under investigation
    as at 31/03/02
    1998 1999 2000 2001 1998 1999 2000 2001   [+] Pre 2001
    Anglian 4,100,000 35,995 13 16 18 14 - 2 - 1 0 2[+1]
    Bristol 1,086,000 6,500 0 0 0 1 - - - - 0 1
    Bournemouth & W Hants 432,000 2,800 1 0 0 0 - - - - 0 0
    Cambridge 291,700 2,194 0 0 0 3 - - - - 0 0
    Dee Valley 257,100 1,953 1 1 0 1 - - - - 0 0
    Dwr Cymru 2,800,000 24,900 10 9 11 15 3 - - 1 0 2[+3]
    Essex & Suffolk 1,700,000 8,370 2 5 4 1 - - - - 0 0
    Folkestone & Dover 162,000 1,068 0 0 2 2 - - - - 0 0
    Hartlepool 91,000 513 0 0 1 0 - - - - 0 0
    Mid Kent 571,800 4,167 2 4 0 2 - - 1 1(1) 0 1
    Northumbrian 2,600,000 16,687 13 12 11 21 1 - (1) - 0 1
    Portsmouth 647,000 3,200 1 4 1 2 - - - - 0 2
    Severn Trent 7,360,000 41,000 9 20 19 5 1 1 - - 0 1[+1]
    South East 1,400,000 9,078 3 4 7 1 1 2 - - 0 0
    South Staffs 1,200,000 5,788 0 1 3 2 - - - - 0 0
    South West 1,500,000 15,000 3 4 7 4 - 2 - - 0 1
    Southern 2,220,000 13,327 2 2 3 7 - - - - 0 2
    Sutton & East Surrey 634,000 3,374 1 2 0 2 1 - (1) - 0 1
    Tendring Hundred 145,000 930 1 1 0 2 - - - - 0 0
    Thames 7,900,000 31,600 9 13 7 7 - 1 - - 0 1
    Three Valleys 2,900,000 13,500 1 10 9 11 - - (1) - 0 0
    United Utilities 6,800,000 42,200 34 27 16 18 1 2 3(4) - 0 0[+2]
    Wessex 1,200,000 10,800 3 4 4 5 (1) - (1) - 0 1
    Yorkshire 4,710,000 31,000 15 27 16 12 1(1) - 4 1(4) 0 3[+9]
    TOTAL 52,707.600 325,944 124 166 139 138 9(2) 10(0) 8(8) 4(5) 0 19[+16]
     
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    Drinking Water Inspectorate,
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    Published 10 July 2002
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