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Drinking Water 1999

A report by the Chief Inspector
Drinking Water Inspectorate

Chief Inspector's Statement

1. This, the Inspectorate's tenth report, provides a comprehensive account of the Inspectorate's activities for 1999. In particular, it records the outcome of checks made by the Inspectorate on the quality of water supplied by the water companies of England and Wales. There is also a companion report covering Wales in both English and Welsh languages.

2. This report is necessarily fairly technical in nature and not designed for lay readers. I have produced a leaflet for the general readership, which summarises the key results for 1999. There is also a short report on each company in leaflet form. These together with this report are also accessible on the DWI website at http://www.dwi.detr.gov.uk. The information on the companies, Dwr Cymru, Dee Valley and Albion Water is provided in both English and Welsh language versions.

3. The main features for 1999 were:

4. There has been a further increase in the level of compliance, with 99.82% of around 2.8 million tests meeting the required standard. The number of tests not meeting the standards is now only one-tenth of that in 1992. Given the very low level of failures now occurring, it is not surprising that the improvement compared with 1998 is quite small. Almost one third of the failures relate to nitrite and PAH and the standards for these two parameters will be relaxed when the new EC Drinking Water Directive is implemented. Most of the other failures relate to those parameters associated with the condition of the distribution system, particularly iron, manganese and turbidity. For logistical reasons, only parts of the system can be dealt with at any one time as it is necessary to maintain supplies to consumers whilst the refurbishment work, replacement or relining of pipes, is being carried out. Those companies with the older distribution systems have refurbishment programmes running to the year 2010. Some of the other failures are for lead and the programme to deal with lead, including pipe replacement, is discussed later in this statement in relation to the new Directive.

5. The results for the 17 key parameters are as follows:

6. Enforcement action has been taken whenever there has been a non-trivial and recurring breach of the regulations. Twenty-eight undertakings have been accepted in 1999 in which the companies involved are committed legally to meet the requirements in the shortest practical time.

Target of 100%

7. The target diagram (See Part 3), which has been incorporated into the report since 1994, shows the progress towards achieving 100% compliance in each water supply zone for each key parameter. There has been a significant general improvement. The diagram for 1999 shows again that the main outlier is the point for iron and I explained last year that further progress would take a number of years due to the extensive programmes of work to be carried out to reline or replace old cast iron distribution pipes. The rehabilitation programmes for most water companies will not be completed until 2005 and for others not until 2010. This backlog of work, which has arisen from insufficient attention having been given to the condition of the distribution systems between 1940 and 1990, has already cost around £3 billion during the last 10 years and £2.5 billion will be spent over the next 10 years. However, the gradual improvement over the last few years demonstrates the effectiveness of the catching up programme of work.

8. However, iron is no longer the only parameter which requires investment to meet the standards. The introduction of the new Regulations by the end of the year 2000 to transpose the new Drinking Water Directive will mean that most of the new standards will come into force at the end of 2003. The new standards were explained in some detail in last year's report, Drinking Water 1998. Investment programmes are in place to ensure that these standards are met before the end of 2003. The introduction of these new standards will mean a new baseline for drinking water quality compliance. However the aim is to achieve the current figure of compliance in the year 2004 which in practice will mean a higher quality of drinking water.

Incidents

9. Last year, I reported a significant increase in the number of incidents affecting drinking water quality, largely as a result of problems in distribution systems. Although I am reporting a further increase to 166 in 1999 compared with 120 in 1998, I am pleased that the trend in the latter part of 1999, continuing in the early part of 2000, is downwards. Water companies are now putting a lot of effort into improving the operation of distribution systems with better planning and more careful manipulation of the networks. There have been fewer major discoloured water incidents and fewer of these occurring for reasons within the control of water companies. There is a full analysis of this in Section D of Part 1 of the report. I will continue to take a tough line, including prosecutions when appropriate, to encourage companies to maintain this improvement and to work to eliminate avoidable incidents.

10. Since my last report there have been nine prosecutions, all resulting in conviction, and one caution for the supply of water unfit for human consumption (i.e. Section 70 offences). Of the water unfit offences, all were related to discoloured water. There are a further 25 potential prosecutions under consideration arising from incidents which occurred in 1999, 21 for incidents which occurred in 1998 and five for incidents which occurred in 1997. These include eight cases on which there are lengthy legal challenge processes, and I am unable to comment on them until all legal matters have been completed. I give in Part 1, section D, a table which shows the prosecution picture for incidents occurring from 1997 onwards. It is important to recognise that the prosecutions reflect the position in the year in which the incidents took place and not the time at which the cases come to Court. In assessing any particular company, it is necessary to look at a combination of the incident trend, the prosecutions, and the numbers pending Court or still under investigation.

Periodic Review

11. A continuing major activity during the year has been the drinking water quality input to the Periodic Review, which is the water investment and price determination process for the five year period 2000-2005. Since the announcement by the Director General of the price determinations, the Inspectorate has been active in turning the drinking water requirements into firm implementation programmes. It was important to ensure that the new Drinking Water Directive requirements will be met by the due dates but also that the installation of improved treatment to deal with Cryptosporidium is achieved to meet public health priorities. Please see Section H of Part 1 of the report for details of this activity.

Competition

12. The Competition Act came into force on 1 March 2000. This Act potentially opens up water supply networks to new entrants through common carriage. Unlike electricity and gas, in common carriage for water there are important public health and general water quality considerations. On 29 February 2000, the Inspectorate issued guidance on the water quality aspects of common carriage. The guidance also pointed out that under current law, the water undertaker (ie a company licensed as a water undertaker under the Water Industry Act 1991) would be responsible for all aspects of drinking water quality regulations, independent of other users of the system. It is therefore necessary for water undertakers to build any implications of that into common carriage contracts. Common carriage and other aspects of competition are the subject of a consultation paper issued by DETR. I am confident that, providing our guidance is followed, common carriage can operate without impairment to water quality. The Inspectorate will be vigilant in checking that consumers are not put at risk and that regulations are met.

Cryptosporidium

13. As mentioned above Cryptosporidium continues to have high priority with the requirement to ensure that through effective measures in catchment management, good surveillance and effective treatment, the chance of a waterborne outbreak is minimised. As I mentioned last year the third Report of the Expert Group on Cryptosporidium in Water was published in November 1998 and Ministers accepted all of the recommendations. In 1999 the Inspectorate carried out inspections of water companies to check that the recommendations of the report were being implemented. Recommendations have been made to each water company to ensure full implementation. Provision for the required actions to improve drinking water quality has been included in the Periodic Review.

14. A major and high priority activity for the Inspectorate during 1999 was the implementation to a very tight timetable of the new regulations on Cryptosporidium which became law in June 1999. The water companies were required to complete risk assessments at each treatment works by 1 October 1999 and agree programmes for the installation of treatment processes and monitoring equipment to measure the effectiveness of the treatment processes with the Inspectorate by February 2000. Fifty-three monitoring installations, covering the sites considered to be of highest risk, were operating in line with the regulations on 1 April 2000. A total of 231 monitoring installations will be operational by the end of March 2001. Where needed, new treatment processes are being installed as quickly as practical. Also 14 laboratories were inspected by 1 April 2000, to check the facilities and competence in the new analysis method, and ultimately approved to carry out analysis under the new Regulations. A full account of the implementation process is given in Part 3, paragraphs 48 to 54. In next year's report I will be in a position to give data and experience in the operation of the Regulations. However, the value of the Regulations has already been demonstrated. In one case, as a result of early detection of oocysts through the compliance monitoring system, a company was able to take action to supply an area from another source. It is not possible to know whether an outbreak of cryptosporidiosis was prevented but it has shown that there is operational value in the discipline of continuous sampling with daily analysis.

Our Code for Enforcement

15. The Inspectorate's Code for Enforcement describes the regulatory role of the Inspectorate and the way in which those functions and related activities are carried out. The Code was first published in December 1993 and revised in July 1995. The main changes were to tighten some of our own targets relating to the inspections of water companies. The Code was revised again in January 1999 in the context of the Government's Enforcement Concordat. This involved only minor changes as current practice is in line with the principles of operation set out in the Concordat. Details of the Inspectorate's performance against the Code targets are given in Section K of Part 1. The targets are demanding but it is important to have such targets against which to measure performance. Although important, meeting targets cannot take precedence over our priority of safeguarding water consumers.

16. The Inspectorate's performance against the code targets is monitored closely. The Inspectorate operates on the total quality management principle of continuous improvement. Good progress has been made with improved performance despite an increasing workload. I will continue to report annually on our performance results. I am pleased that in 1999 we performed well in most areas. 97% of inspection reports were made within target. All draft undertakings were handled within the four week target. There was continuing good performance in handling requests for information with 98.6% of 6,821 requests handled within our code target. Also, assessments of 89.2% of 195 water quality complaints were completed within the target.

17. I have already mentioned the increase in incidents. There has been a further improvement in the number of investigations completed in the year - the Inspectors completed 46% more investigations in 1999 compared with 1998 with a significant increase in those handled within the code for Enforcement target (see tables below). Although there has been an increase in the number of incidents outstanding, none of these occurred prior to 1997 and, with the downturn in the number of incidents being notified late in 1999 and early 2000, I am confident that the position at end of the year 2000 will show a significant improvement.

Table 1 - Number of Incidents/Events
Incidents 1996 1997 1998 1999
Number outstanding at start of year 57 62 96 112
Number completed in year 71 68 104 152
Number notified in year 76 102 120 166
Number outstanding at end of year 62 96 112 126
Other notifications not classified as incidents 100 102 180 222

Table 2 - Comparison of performance
Incidents Dec
1996		 Dec
1997		 Dec
1998		 Dec
1999
Total under investigation 62 96 112 126
Number of cases under investigation with a strong possibility of prosecution proceedings 7 33 45 51
Percentage of incident investigations completed within Code for Enforcement targets 31 40 52 67

Market Research

18. In 1997 the Inspectorate carried out market research with the primary objective of identifying consumers' drinking water quality information requirements. That study assisted us in deciding on the range and scope of our leaflets. It also showed that generally consumers felt that their drinking water was safe but that they would have greater confidence if they were aware of the activities of the Inspectorate. At that time only 5% of water consumers were aware of our existence. Since that time we have put a lot more effort into promoting what we are doing, particularly through involvement with local media.

19. The survey was repeated in March 2000 but with greater emphasis on whether consumers have specific concerns over their drinking water and how they react to information about water quality and health, whether in media stories or from other sources. The main findings of the study are given in Section K of Part 1 of the report. I was pleased to learn that awareness of the Inspectorate had increased to 15%, an increase which has been reflected in the number of consumers who have referred their water quality complaints to the Inspectorate. There is still a long way to go until there is general awareness that the Inspectorate exists as 'guardians of drinking water quality', but this is good progress in giving greater and justified confidence in the regulatory system. Another important message was that consumers have a healthy scepticism about information on drinking water quality. They are not taken in by media scare stories and they also take official publications with a 'pinch of salt'. This is a timely reminder of the importance of open, full and balanced reporting. The Inspectorate will continue to do that and we are working to improve the information available to consumers, both through our leaflets and on our website. Some improvements to the website were introduced at the beginning of 2000 and some major restructuring is planned for later in the year. The emphasis will be on providing various levels of information covering from the general consumers to the scientists' and engineers' requirements. An educational site for schools will also be incorporated.

Forward Look

20. The efforts made by water companies in improving their operation of distribution systems, which have resulted in fewer serious discoloured water incidents, is encouraging. Following the Director General's price determinations in the Periodic Review, water companies have announced significant reductions in staff numbers. The water companies have said that they will not compromise on drinking water safety. I have no reason to believe that these statements are anything but wholly genuine, but the Inspectorate will be monitoring the situation closely to check that water companies, in making efficiency savings, do not cut corners and inadvertently put consumers at risk. Our inspection programmes, which will include both announced and unannounced visits, will be designed to focus on potential areas of risk. In 1999, DWI Inspectors, in the course of their other activities around the country, carried out checks on distribution work to see if the correct procedures were being followed by companies and their contractors. See individual company sections in Part 2 for a report on the findings. The inspection practice will continue in future years and will be extended to cover other aspects.

21. I have already mentioned the new Regulations to implement the new Drinking Water Directive, and the new Cryptosporidium Regulations. These will make up a highly significant part of our activities in the next few years, the former in setting generally tighter standards for drinking water quality and thus establishing a new compliance baseline, and the latter in providing for much greater consistency in performance of water treatment. The required high level of surveillance of the effectiveness of water treatment, associated with the Cryptosporidium Regulations, will, in my view, result in a significant advance in the safety of drinking water supplies. The Inspectorate, in addition to its regulatory duties in the enforcement of those regulations, will be studying the data, which will be provided by the monitoring installations, to see what can be learnt to further best practice in monitoring and treatment. The results will be sent to the Expert Group on Cryptosporidium in Water Supplies.

22. The new Regulations reflect the required improvements in standards, or in water treatment, in the light of the best information available in the UK, in the rest of Europe and in guidance given by the World Health Organisation. The research which underpins these and future regulations is vital in the continuing protection of public health. Increasingly, international cooperation in water research is important, to utilise expertise around the world, to maximise research budgets and to obtain practical results as early as possible. One aspect of the research is looking to see whether there are any new concerns, either chemical or the possibility of emerging pathogens. Ensuing research would look for understanding of the nature of potential problems and practical solutions. Another area of research is to obtain definitive information on potential concerns identified through epidemiology. Unfortunately some epidemiology studies are poorly designed and result in 'scares' which then need additional and more expensive studies to obtain reliable data. Whatever the questions being asked of research, we need to work closely with our associates overseas to define the research requirements and to agree research protocols. Without that early cooperation at the definition stage there is the risk of conflicting results, not because of the inherent nature of the subject, but because inappropriate methods have been used. When that happens far too much effort by researchers goes into defending their methods, effort which would be better utilised in addressing the important questions. With this in mind the Inspectorate is now putting a lot of effort into the basis of international cooperation. One important area is Cryptosporidium and other pathogens in which jointly formulated research specifications are prepared under the guidance of a research steering group, which began as covering the relevant organisations in the UK, but has now been extended to cover representatives from other European countries, the United States and Australia.

23. In January 2000, the Inspectorate noted its tenth anniversary. There was, perhaps, a case for some celebration following year on year improvements in drinking water quality but, as I have indicated above, much remains to be done. As we move into the next ten years, I and my colleagues will seek to serve water consumers through working towards achieving our mission of 'being recognised as the effective guardian of drinking water quality'.

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Published 12 July 2000; Updated 11 July 2001
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