Information Letter
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Drinking Water Inspectorate |
22 February 2006
Information Letter 6/2006
To: Board Level and Day to Day Contacts of Water and Sewerage Companies and Water Companies in England and Wales
Dear Sir/Madam
DWI Drinking Water Quality Improvement Programmes
- Process for agreeing changes
to improvement programmes associated with legal instruments
Following the announcement by Ofwat of the Final Determinations (Price Review) in December 2004, the Inspectorate issued documentation outlining the process for putting in place the appropriate legal instrument for each drinking water quality scheme. These instruments included Cryptosporidium Notices, Turbidity Notices and ‘Minded to Enforce’ letters. Companies then submitted Undertakings to DWI. For each of these a schedule and annex were developed setting out details of work to be carried out and the dates by when each step was to be completed. The process outlined below sets out the information that a company now needs to provide to the Inspectorate if it wishes to make any change in the content, scope or timescale of these improvement programmes. This process will also apply to improvement programmes established separately from periodic review procedures.
A pro forma is attached as Annex 1. This sets out the minimum information requirements for changing any drinking water quality improvement programme. Companies may supplement this information if they so wish. Matters to be addressed include:
a) Is
the alternative solution technically sound and will it secure long term compliance?
b) Is
the solution supported by a supplier’s process guarantee?
c) Are
there factors outside the Companies control that may affect delivery of the solution, for
example:
§
Unforeseen difficulties on site, e.g. ground
conditions which would not have been identified until the detailed assessment was
completed
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Land purchase issues
§
Planning permission delays (evidence of timely
submission of applications is required)
§
Protracted negotiations involving third parties
§
Can the delays be overcome through application of
additional resources to the project?
d) Will
the solution deliver wholesome water within an equivalent timescale?
e) Is the alternative solution more cost effective?
What overall cost savings (if any) can be achieved over the life of the scheme?
f)
What consideration has the Company given to the sustainability of the revised
solution? Has the Company liaised with appropriate bodies, for example, in the case of
nitrate schemes, has the Environment Agency confirmed it is satisfied with the alternative
solution?
For improvement programmes supported as part of the Periodic Review process, companies agreed to submit a summary of investigations to confirm the appropriateness of the solution proposed. DWI will not consider changes to solution after this date (unless circumstances are wholly outside a company’s control).
Confirmation
of Support for Changes to the Improvement Programmes
If the Inspectorate decides any change is appropriate, a letter of confirmation will be issued to the company and the associated legal instrument will be revised. The letter may be used by the company as evidence of the Inspectorate’s acceptance of the proposed change, when making applications under the “Minor Change Procedure” outlined in Ofwat’s AMP4 Change Protocol, December 2004. It will be for the company and Ofwat to assess the financial impact of the changes, alongside any other relevant amendments to the water quality enhancement programme. The Inspectorate has consulted Ofwat about this Information Letter and a note setting out how Ofwat will manage changes to AMP4 drinking water quality improvement programmes is attached as Annex 2.
This process applies with immediate effect to all drinking water quality improvement programmes, including schemes put in place as part of the Periodic Review process, and other programmes carried out on a ‘logged-up’ basis. Any proposals for change should be submitted by email to dwi_improvement_programmes@defra.gsi.gov.uk.
Copies of this letter are being sent to Pamela Taylor, Chief Executive, Water UK; Richard Wood, Water Supply and Regulation Division, Department for Environment, Food and Rural Affairs; June Milligan, Environment Division, Welsh Assembly Government; Colin McLaren, Drinking Water Quality Regulator for Scotland; Randal Scott, Drinking Water Inspectorate for Northern Ireland; Chairs of the Consumer Council for Water Committees; Rowena Tye, Office of Water Services; Tony Smith, Chief Executive, Consumer Council for Water; and Tony Warn, Environment Agency.
Yours faithfully
Prof. Jeni Colbourne MBE
Chief Inspector of Drinking Water
Annex 1 (MS Word format)
Annex 2 (MS Word format)