1989 No. 1147 as amended by 1989 No. 1384, 1991 No. 1837,
1991 No. 2790, 1996 No. 3001 and 1999 No. 1524WATER, ENGLAND AND WALES
The Water Supply (Water Quality) Regulations 1989
(as amended and with references amended to refer to the consolidated Act)Made ----------------------------------------- 6th July 1989
Laid before Parliament --------------------- 7th July 1989
Coming into force,
Except for regulations 13, 17, 18 and 19 ------ 1st September 1989
Regulations 13, 17, 18 and 19 ---------- 1st January 1990ARRANGEMENT OF THE REGULATIONS
The Secretary of State for the Environment and the Secretary of State for Wales, in exercise of the powers conferred upon them by sections 67, 68, 69, 77(3) and (4) and 213(2) of the Water Industry Act 1991(1), and of all other powers enabling them in that behalf (those powers being exercised by the Secretaries of State either jointly or separately in the manner set out in Schedule 1 to these Regulations), hereby make the following Regulations:-
PART 1 - General Citation and commencement
1.-(1) These Regulations may be cited as the Water Supply (Water Quality) Regulations 1989.
(2) Regulations 13, 17, 18 and 19 shall come into force on 1st January 1990 and all other Regulations shall come into force on 1st September 1989.
Interpretation
2. In these Regulations -
"the Act" means the Water Industry Act 1991;
"Chapter III" means Chapter III of Part III of the Act;
"consumer" means a person to whom water is supplied for a purpose mentioned in Part II of these Regulations by a water undertaker in the discharge of its duties under Chapter III;
"disinfected" means subjected to a process which removes or renders inactive pathogenic micro-organisms so as to satisfy the requirements of Part II of these Regulations in respect of the parameters listed in Table C; and cognate expressions (with the exception of the term "residual disinfectant") shall be construed accordingly;
"ground water" shall be construed in accordance with section 104(1)(d) of the Water Resources Act 1991(2);
"parameters" means a property, element, organism or substance listed in the second column of the Tables in Schedule 2 to these Regulations or in the first column of Tables 1 to 4, 6 and 7 in Schedule 3;
"pesticides and related products" means any fungicide, herbicide or insecticide and polychlorinated biphenyls and terphenyls;
"prescribed concentration or value", in relation to any parameter, means the maximum concentration or value specified in relation to that parameter in the Tables in Schedule 2, as measured by reference to the unit of measurement so specified;
"sampling point" means the point, being a consumer's tap, that is determined for the purposes of Part IV of these Regulations;
"service reservoir" means a reservoir (including a water tower) which contains water that has been treated with a view to complying with regulation 23 below, but does not include a reservoir at a treatment works;
"supply point" means any point, not being a sampling point, which the Secretary of State may, in accordance with regulation 12, authorise for the purposes of regulation 10;
"water supply zone" means an area that is designated by a water undertaker (whether by reference to a source of supply, the number of persons supplied from any source, or otherwise) for the purposes of the provisions of these Regulations, being an area in which, in the undertaker's estimation, not more than 50,000 people reside;
"year" means calender year;
and any reference to a Table followed by a letter or number is a reference to the Table that bears that letter or number in Schedule 2 or 3 to these Regulations.
PART II - Wholesomeness Wholesomeness
3.-(1) This Regulation has effect subject to Part III of these Regulations.
(2) Subject to paragraph (7), water supplied to any premises for such domestic purposes as consist in or include drinking, washing or cooking or for food production purposes shall be regarded as wholesome for the purposes of Chapter III, as it applies to the supply of water for those purposes; if the requirements of paragraph (3) below are satisfied; and, where the water has been softened or desalinated and is to be supplied for drinking or cooking or for food production purposes, the requirements of paragraph (4) are also satisfied.
(3) The requirements of this paragraph are -
(a) that the water does not contain any element, organism or substance (other than a parameter) at a concentration or value which would be detrimental to public health;
(b) that the water does not contain any element, organism or substance (whether or not a parameter) at a concentration or value which in conjunction with any other element, organism or substance it contains (whether or not a parameter) would be detrimental to public health;
(c)subject to paragraphs (5) to (8) below, that the water does not contain concentrations or values of the parameters listed in Tables A to C in excess of the prescribed concentrations or values;
(d) that samples taken in respect of the parameters listed in Table D from water supplied to the water supply zone in question have established that the average concentrations or values of those parameters over the preceding 12 months did not exceed those specified in that Table; and
(e) that samples taken from water supplied to the water supply zone in question have established that the average concentrations over the three preceding months of trihalomethanes (being the aggregate of the concentrations of trichloromethane, dichlorobromomethane, dibromochloromethane and tribromomethane) did not exceed 100µg/l, or where (by virtue of regulation 13(3)) less than four samples are taken in any year, no sample contained a concentration of trihalomethanes in excess of 100µg/l.
(4) The requirements of this paragraph are that the water's hardness or its alkalinity is not below the relevant minimum specified in Table E.
(5) Water shall not be regarded as unwholesome by virtue of paragraph (3)(c) above by reason of a sodium concentration exceeding that specified in relation to item 9 in Table A (sodium) if at least 80% of the results of analysis of all the samples taken in accordance with these Regulations within the preceding 36 months from sampling points within the water supply zone in question demonstrate a concentration of sodium within the relevant maximum specified in that Table.
(6) Water shall not be regarded as unwholesome by virtue of paragraph (3)(c) above because the maximum concentration for the total coliforms parameter (item 1 of Table C) is exceeded-
(a) in a case where 50 or more samples have been taken in accordance with these Regulations within the preceding 12 months from sampling points within the water supply zone in question, if the results of analysis of all those samples establish that in at least 95% of those samples coliforms were absent; or
(b) in a case where less than 50 samples have been so taken within the preceding 12 months, if the results of analysis of the last 50 samples so taken establish that in at least 48 of those samples coliforms were absent.
(7) Subject to paragraph (8) below, water supplied to any premises for such domestic purposes as are mentioned in paragraph (2) or for food production purposes shall be regarded as unwholesome for the purposes of Chapter III if on transfer from a treatment works or service reservoir for supply for such purposes it contained a concentration of any of the parameters listed in Table C in excess of the prescribed concentration.
(8) Water transferred from a service reservoir for supply for the purposes mentioned in paragraph (7) shall not be regarded as unwholesome for the purposes of Chapter III because the maximum concentration for the total coliform parameter (item 1 of Table C) is exceeded if the results of analysis of all samples taken in accordance with these Regulations in each week in which the reservoir in question is in use in the preceding 12 months establish that in at least 95% of all those samples coliforms were absent.
PART III - Relaxation of Requirements of Part II Authorisation - public supplies
4.-(1) The Secretary of State may, upon the written application of a water undertaker, authorise a relaxation of the provisions of Part II of these Regulations as respects the supply of water by that undertaker if he is satisfied -
(a) that the authorisation is necessary, as an emergency measure, to maintain a supply of water for human consumption;
(b) that the authorisation is called by reason of exceptional meteorological conditions;
(c) that the authorisation is called for by reason of the nature and structure of the ground in the area from which the supply emanates; or
(d) that the supply is or is to be used solely for food production purposes.
(2) The Secretary of State may, in the circumstances mentioned in paragraph (1)(c), authorise a relaxation of the provisions of Part II of these Regulations as respects the supply of water by a water undertaker notwithstanding that no application for such authorisation has been made to him.
(3) An undertaker shall at the same time as it makes an application for an authorisation under paragraph (1) serve a copy on every appropriate local authority and, in the case of an application under paragraph (1)(c), shall inform the authority that it may make representations about the application to the Secretary of State within a period of 6 weeks beginning with the date on which the copy of the application is served.
(4) In paragraph (3) "appropriate local authority" means any of the following authorities if any premises in relation to which the authorisation is sought fall within the area of that authority, namely -
(a) the Common Council of the City of London;
(b) a London borough council;
(c) a district council.
Authorisations - restrictions
5.-(1) An authorisation -
(a) granted under regulation 4(1)(a) shall not so relax the provisions of Part II of these Regulations as to give rise to a risk to public health which the Secretary of State considers unacceptable;
(b) granted under regulation 4(1)(b) or (c) shall not relax the provisions of the said Part II so far as they relate to parameters mentioned in Table B or C or item 7 of Table D, or so as to give rise to a public health hazard.
(c) granted under regulation 4(1)(d) shall not relax the provisions of the said Part II so as to affect the fitness for human consumption of the food or drink in its final form.
(2) An authorisation granted under regulation 4(1) shall specify (where relevant) the extent to which the prescribed concentration or value of any parameter is authorised to be contravened.
(3) An authorisation granted under regulation 4(1)(a) or (b) shall specify the date on which it ceases to have effect and an authorisation granted under regulation 4(1)(c) or (d) may specify such a date.
Authorisations - conditions
6.-(1) An authorisation given under this Part may be limited to water supplied -
(a) from particular sources or classes of source;
(b) to particular water supply zones or parts of such zones or to zones of particular descriptions; or
(c) for a particular food production purpose.
(2) An authorisation given under this Part may include conditions relating to -
(a) the quality of water to which the authorisation applies;
(b) the steps to be taken to improve the quality of such water;
(c) the monitoring of the quality of such water; and
(d) the giving of notice to the Secretary of State or any person named in the authorisation of such matters concerning such water as are mentioned in the authorisation.
Revocation and modification of authorisations
7.-(1) Subject to paragraphs (2) and (4), the Secretary of State may at any time modify or revoke an authorisation (whether or not the authorisation is expressed to be given for a specified period); and regulation 6 shall apply as respects the modification of an authorisation as it applies as respects the giving of an authorisation.
(2) The Secretary of State shall not revoke or modify an authorisation without giving at least six months' (or, if the water undertaker agrees, at least six weeks') notice of his intention to do so to -
(a) the water undertaker to which the authorisation relates; and
(b) the appropriate local authority;
but he may revoke or modify an authorisation without notice if it appears to him that the immediate revocation or modification of the authorisation is required in the interests of public health.
(3) In paragraph (2) "appropriate local authority" means any of the following authorities if any premises in relation to which the authorisation applies fall within the area of that authority, namely -
(a) the Common Council of the City of London;
(b) a London borough council;
(c) a district council.
(4) A water undertaker on whose application an authorisation has been given under this Part shall notify the Secretary of State as soon as the circumstances which gave rise to the application for the authorisation cease to exist; and, notwithstanding paragraph (2), the Secretary of State shall thereupon revoke the authorisation.
8. Omitted
PART IV - Monitoring of Water Supplies Application and interpretation
9.-(1) This part applies to water supplied for any of the purposes described in regulation 3(2) by a water undertaker in the performance of its duties under Chapter III.
(2) In this Part -
"corresponding number" means any relevant reduced or increased number shown in a Table as an alternative to the standard number; and
"the standard number" means such number specified in the column headed "Standard" in Tables 1 to 6 as is applicable to the parameter in question by reference to the number of persons estimated to have been supplied from the relevant water supply zone during the year preceding the year in question or, as the water undertaker may determine, by reference to the volume of water supplied for domestic purposes and, if water is supplied for food production purposes, for those purposes, from that zone during that period: but a determination may not be varied after the beginning of the year for which it applies.
Monitoring - general provisions
10. For the purpose of determining whether water to which this Part applies satisfies the provisions of Part II or, as the case may be, those provisions as relaxed by an authorisation given under Part III, a water undertaker shall take and analyse or cause to be analysed such number of samples of the water within each of its water supply zones as is specified in this Part.
Determination of sampling points
11.-(1) Subject to paragraph (2), a water undertaker shall determine, in respect of each of its water supply zones, such number and location of sampling points as will in its opinion secure that analysis of samples obtained from those points in respect of the parameters listed in Tables A to E will, so far as is reasonably practicable, produce data which are representative of the quality of the water supplied by it to that zone.
(2) The sampling points selected in respect of copper, lead and zinc and at least 50% of the sampling points selected in respect of parameters 1, 2 and 5 listed in Table C and in respect of residual disinfectant shall be selected at random.
Authorisation of supply points
12.-(1) Subject to paragraphs (2) to (5), the Secretary of State may, in relation to any of the parameters listed as items 7 to 12, 18 to 20 and 26 to 28 in Table A, items 1 to 6 and 8 to 10 in Table B, items 1 to 6 and 8 to 10 in Table D, and items 1 and 2 in Table E or trihalomethanes, upon the written application of a water undertaker authorise the use for the purposes of regulation 10 of samples taken for a water supply zone otherwise than from a sampling point.
(2) The Secretary of State shall grant an authorisation under paragraph (1) only if he is satisfied that analysis of samples taken for a water supply zone from a point other than a sampling point will produce data in respect of the parameter in question which are unlikely to differ in any significant respect from the data that would be produced in respect of that parameter from analysis of samples obtained from sampling points within that zone.
(3) Subject to paragraphs (4) and (5), the Secretary of State may at any time modify or revoke an authorisation granted under paragraph (1).
(4) Unless it appears to the Secretary of State that the immediate modification or revocation of an authorisation is required in the interests of public health, he shall not modify or revoke such an authorisation without giving at least six months', or, if the water undertaker to which the authorisation relates agrees, at least six weeks', notice of his intention to do so to that undertaker.
(5) The water undertaker shall notify the Secretary of State as soon as it believes that an analysis of samples taken for a water supply zone from a point other than a sampling point would produce data in respect of the parameter in question which would be significantly different from the data produced by an analysis of samples taken from any of the sampling points within that zone; and notwithstanding paragraph (4) the Secretary of State shall thereupon revoke the authorisation.
Frequency of sampling
13.-(1) Subject to paragraphs (2) to (10), in each year a water undertaker shall take from its sampling points or, as the case may be, its supply points, for analysis for testing for compliance with each parameter not less than such standard number of samples as is specified in Tables 1 to 6 in relation to the parameter in question.
(2) For the purposes of the application of paragraph (3) to the parameters listed in Tables 1, 2 or 2A referred to in Table 5, a supply which consists of both ground water and surface water shall be deemed to be a supply which consists only of surface water.
(3) Where in each of three successive years the requirement mentioned in paragraph (4) below is satisfied in relation to a parameter listed in Table 1, 2, 2A or 3 or referred to in Table 5 and the water undertaker is of the opinion that the concentration or value in respect of that parameter is unlikely to increase or, in the case of hydrogen ion, total hardness or alkalinity, decrease to any significant extent in the next following year, the number of samples to be taken in that year in respect of that parameter may be the reduced corresponding number:
Provided that this paragraph shall not apply where the following year is 1990 and shall apply where the following year is 1991 or 1992 with the modifications specified in paragraph (5) below.
(4) The requirement referred to in paragraph (3) above is that analysis of each sample taken in relation to the parameter in question in accordance with paragraph (1) has established -
(a) in the case of hydrogen ion, a pH value that is no less than 6.5 and no more than 8.5;
(b) in the case of total hardness or alkalinity (where water has been softened or desalinated), a concentration that is no less than 90 mg Ca/l or 45 mg HCO3/l, respectively; or
(c) in any other case, a concentration or value which is less than 50% of the prescribed concentration or value.
(4A) Where in accordance with paragraph (3), the number of samples to be taken in any year in respect of the conductivity or hydrogen ion parameters listed in Table 1 may be the reduced corresponding number, the number of samples to be taken in that year in respect of the qualitative odour and qualitative taste parameters may be similarly reduced.
(5) Paragraph (3) shall apply -
(a) where the following year is 1991 as if it referred to 1990 instead of three successive years;
(b) where the following year is 1992 as if it referred to two years instead of three years;
(c) with the substitution of "and the Secretary of State has notified the undertaker that he" for "and the water undertaker".
(6) The number of samples to be taken in 1990 in respect of any parameter may, if on the application of the water undertaker the Secretary of State so authorises, be such reduced corresponding number, of any, as is specified in relation to that parameter in the relevant Table.
(7) Where -
(a) the result of the analysis of any sample taken in accordance with paragraph (1) has established in relation to any parameter listed in Tables 1 to 5 that the prescribed concentration or value has been contravened; or
(b) as a consequence of either any change in a water undertaker's practices as regards the treatment of water (whether at a service reservoir, treatment works or otherwise), or of any change the undertaker is of the opinion that the prescribed concentration or value in respect of any parameter has been or may be contravened, the number of samples to be taken -
(i) in the remainder of that year and the following year; or
(ii) in such longer or shorter period as the Secretary of State may specify by notice in writing given to the water undertaker,
shall, where an increased corresponding number is shown in relation to that parameter, be the number determined in accordance with paragraph (8).
(8) The number determined for the purposes of paragraph (7) is -
(a) for any whole year in the period the increased corresponding number; or
(b) for any other part of the period the increased corresponding number multiplied by the number of whole months in that part and divided by 12; and, where the result is not a whole number, rounded upwards to the nearest whole number.
(9) Where an analysis of samples taken in accordance with paragraph (7) demonstrates that there has been no contravention of the prescribed concentration or value in the relevant period, the undertaker may revert to sampling in accordance with paragraph (1).
(10) Where the sampling frequency specified in relation to any parameter in Tables 1 to 6 -
(a) is one per annum, not less than three months shall elapse between the taking of successive samples;
(b) is more than one per annum, samples shall be taken at regular intervals.
Sampling - further provisions
14.-(1) Where no standard number is specified in relation to a parameter listed in Schedule 2, a water undertaker shall take sufficient samples from water within a water supply zone in respect of that parameter in order to establish whether or not that water is wholesome as soon as it believes or has reasonable grounds for believing that -
(a) the prescribed concentration or value in respect of that parameter has been exceeded or may be exceeded within the next three months within that zone; or
(b) the prescribed concentration or value in respect of any other parameter has been exceeded or may be exceeded within the next three months within that zone; and the taking and analysis of samples in relation to the parameter first mentioned would assist in deciding whether and, if so, what remedial action should be taken.
(2) A water undertaker shall take sufficient samples from water within a water supply zone in respect of any element, organism or substance, other than a parameter in order to establish whether or not the water is detrimental to public health, as soon as it believes or has reasonable grounds for believing that that element, organism or substance, whether alone or in combination with a parameter or any other element, organism or substance may cause the supply within that zone to be a supply which does not satisfy the provisions of Part II of these Regulations or, where those provisions have been relaxed by an authorisation given under Part III, those provisions as so relaxed.
PART V - Monitoring - Additional Provisions Interpretation
15. In this Part -
"the standard number" means such number specified in the column headed "Standard" in Table 7 as is applicable to the parameter in question by reference to the volume of water supplied for domestic purposes and, if water is supplied for food production purposes, for those purposes, from the relevant water supply zone during the preceding year; and
"reduced number" means the relevant reduced number (if any) shown in Table 7.
Sampling for particular parameters
16. For the purpose of establishing the quality of water to be supplied to any of its water supply zones, a water undertaker shall take and analyse or cause to be analysed, such number of samples as is specified in this Part.
Sampling at treatment works
17.-(1) Subject to paragraphs (2) to (4) and (6), in each year a water undertaker shall take from the point at which water leaves each treatment works which serves its water supply zones for analysis for testing for compliance with the parameters mentioned in Table 7 not less than the standard number of samples.
(2) Where in each of three successive years the result of the analysis of the samples taken in accordance with paragraph (1) has established that the maximum concentrations for the total coliforms (item 1 of Table C) and faecal coliforms (item 2 of Table C) parameters have not been exceeded and that there has been no significant increase in colony counts, the number of samples to be taken in the next following year from the point at which water leaves that works in respect of those parameters or that parameter, as the case may be, may, subject to paragraph (5), be the reduced number:
Provided that this paragraph shall not apply where the following year is 1990 and shall apply where the following year is 1991 or 1992 with the modifications specified in paragraph (3) below.
(3) Paragraph (2) shall apply -
(a) where the following year is 1991 as if it referred to 1990 instead of three successive years;
(b) where the following year is 1992 as if it referred to two years instead of three years.
(4) The number of samples to be taken in 1990 in respect of any parameter mentioned in Table 7 may, if on the application of the water undertaker the Secretary of State so authorises, be the reduced number.
(5) A reduced number of samples may be taken in accordance with paragraph (2) in respect of works supplying for domestic or food production purposes an average volume of more than 2,000 m3/d of water only if the water undertaker is of the opinion that there is no foreseeable risk that the supply will exceed the maximum concentrations for the total coliforms (item 1 of Table C) or faecal coliforms (item 2 of Table C) parameters or the works are so designed that a failure of the disinfection process will bring about automatically a cessation of the supply.
(6) Samples in respect of any parameter mentioned in Table 7 shall be taken at regular intervals.
Sampling at service reservoirs
18. A water undertaker shall take from each of its service reservoirs at least one sample for analysis for testing for compliance with each of the parameters listed in Table 7 in each week in which the reservoir is in use.
19. Omitted
Sampling - new sources
20.-(1) This Regulation applies as respects -
(a) any source which has not been used for the supply of water by a statutory water company, a Water Authority or a water undertaker at any time since 15th July 1985; and
(b) any source which has been so used but not so used for a period of six months preceding the date on which the water undertaker proposes to supply water from it.
(2) A water undertaker shall -
(a) before it supplies water from a source mentioned in paragraph (1)(a); and
(b) as soon as is reasonably practicable after it has begun to supply water from a source mentioned in paragraph (1)(b),
taken in accordance with paragraph (3) such samples of that water as will enable it to establish -
(i) whether water can be supplied from that source without contravening section 68(1) of that Act; and
(ii) the treatment necessary to ensure that section 68(1) is complied with in relation to the supply of that water.
(3) Samples shall be taken -
(a) in the case of a source mentioned in paragraph (1)(a), in respect of -
(i) each of the parameters listed in Schedule 2; and
(ii) any other element, organism or substance which, in the opinion of the undertaker, may cause the supply to contravene section 68(1); or
(b) in the case of a source mentioned in paragraph (1)(b), in respect of -
(i) the parameters listed in Table C;
(ii) any parameter by reference to which an assessment may be made of the balance of ions within the water; and
(iii) any other parameter whose concentration or value may, in the opinion of the water undertaker, have altered since the last occasion on which water from that source was analysed.
Collection and analysis of samples
21.-(1) A water undertaker shall secure, so far as is reasonably practicable, that in taking, handling, transporting, storing and analysing or causing to be analysed any sample taken for the purposes of Parts IV and V of these Regulations, the appropriate requirements are satisfied.
(2) In paragraph (1) "the appropriate requirements" means such of the following requirements as are applicable -
(a) the sample is representative of the quality of the water at the time of sampling;
(b) the sample is not contaminated when being taken;
(c) the sample is kept at such temperature and in such conditions as will secure that there is no material alteration of the concentration as will secure measurement or observation of which the sample is intended;
(d) the sample is analysed as soon as may be after it is taken -
(i) by or under the supervision of a person who is competent to perform that task;
(ii) with the use of such equipment as is suitable for the purpose;
(iii) by applying such analytical systems and methods as are capable of establishing, within acceptable limits of deviation and detection, whether the sample contains concentrations or values which contravene the prescribed concentrations or values; and
(e) any laboratory at which samples are analysed has a system of analytical quality control that is subjected from time to time to checking by a person who is -
(i) not under the control of either the laboratory or the undertaker; and
(ii) approved by the Secretary of State.
PART VI - Water Treatment Interpretation
22. In this Part -
"surface water" does not include waters from a spring; and
"pipe" does not include any taps, cocks, valves, ferrules, meters, cisterns and other similar apparatus used in connection with the supply and use of water.
Treatment of raw water
23.-(1) In carrying out such of its functions under Chapter III as comprise the supply of water for drinking, washing, cooking or food production purposes, a water undertaker shall not supply water from any source which consists of or includes raw water unless the water has been disinfected and, in the case of surface water, subjected to at least such further treatment as is specified in paragraph (2):
Provided that this paragraph shall not require an undertaker to disinfect such ground water as is specified in an authorisation given by the Secretary of State for the purposes of this paragraph.
(2) The further treatment mentioned in paragraph (1) is such treatment as is required to secure compliance with Council Directive 75/440/EEC (quality required of surface water intended for the abstraction of drinking water)(3); and for the purposes of this Regulation, surface water shall be treated as falling within category A1 or A2 or A3 set out in Annex I to that Directive if it is abstracted from waters for which the classification to be currently satisfied in accordance with section 83(1) of the Water Resources Act 1991(4) is, as appropriate, DW1 or DW2 or DW3, as set out in the Surface Waters (Abstraction for Drinking Water)(Classification) Regulations 1996. (5)
(3) Omitted.
(4) Except with the consent of the Secretary of State, water shall not be abstracted for supply for domestic purposes which include drinking or for food production purposes except from waters to be treated as falling within Category A1 or A2 or A3 in the Annex.
Risk assessment for cryptosporidium
23A. (1) A water undertaker shall, by 1 October 1999 or such later date as the Secretary of State may specify in a notice served on the undertaker, carry out a risk assessment for each of its treatment works to establish whether there is a significant risk from cryptosporidium oocysts in water supplied from the works and submit to the Secretary of State a report of the assessment.
(2) A notice under paragraph (1) may specify a later date in relation to all of an undertaker’s treatment works or in relation to one or some of its treatment works.
(3) Where a report of an assessment is submitted to the Secretary of State pursuant to paragraph (1) he shall, if he considers that the risk assessment has not been satisfactorily carried out, serve a notice on the water undertaker which -
(a) sets out his reasons for considering that the assessment has not been satisfactorily carried out; and
(b) requires the water undertaker, by a date specified in the notice, to carry out a further assessment and submit a report to him of that assessment,
and the water undertaker shall comply with the request by the date specified.
(4) A report of an assessment submitted pursuant to any provision of this regulation shall set out the results of the assessment, including -
(a) a statement that the assessment has established that there is a significant risk from cryptosporidium oocysts in water supplied from the works or that there is no such risk, as the case may be; and
(b) a description of the methods used to carry out the assessment.
(5) Where a report is submitted to the Secretary of State pursuant to paragraph (1) or (3)(b) he shall, unless he gives notice under paragraph (3) requiring a further assessment -
(a) notify the water undertaker that he is satisfied on the basis of the report that the risk assessment has been satisfactorily carried out; and
(b) in the case of a report which includes a statement that the assessment has established that there is a significant risk from cryptosporidium oocysts in the water supplied from the treatment works concerned, by notice request the undertaker to provide him with an estimate of the earliest practicable date by which the undertaker can comply with the requirements of regulation 23B.
(6) A water undertaker which has received a request under paragraph (5)(b) shall comply with the requirement specified in it within 3 months of its receipt.
(7) Where the Secretary of State receives a statement pursuant to a notice under paragraph (5)(b) he shall give the water undertaker notice of the date which he considers to be the earliest practicable date by which the water undertaker can comply with the requirements of regulation 23B and, subject to paragraph (9), the water undertaker shall comply with those requirements from that date.
(8) Where a water undertaker is required to comply with the requirements of regulation 23B at a treatment works, it may carry out a further risk assessment at any time for that treatment works to establish whether there continues to be a significant risk from cryptosporidium oocysts in water supplied from the works and submit to the Secretary of State a report of the assessment.
(9) Where a report submitted to the Secretary of State pursuant to paragraph (8) includes a statement that the assessment has established that there is no significant risk from cryptosporidium oocysts in the water supplied from the treatment works concerned and the Secretary of State is satisfied, on the basis of the report, that the risk assessment has been satisfactorily carried out, he shall notify the water undertaker that he is so satisfied and, subject to paragraph (11), the water undertaker shall cease to be required to comply with the requirements of regulation 23B from the date on which it receives the notification.
(10) Where a report is submitted to the Secretary of State pursuant to paragraph (8) and paragraph (9) does not apply -
(a) the water undertaker shall continue to be required to comply with the requirements of regulation 23B; and
(b) if the Secretary of State is not satisfied that the risk assessment has been satisfactorily carried out he shall serve a notice on the water undertaker which sets out his reasons for considering that the assessment has not been so carried out.
(11) Where a water undertaker is not required to comply with regulation 23B at a treatment works, the Secretary of State may by notice require the water undertaker to carry out a risk assessment by a date specified in the notice to establish whether there continues to be no significant risk from cryptosporidium oocysts in water supplied from the works.
(12) Where a water undertaker is required to carry out a further risk assessment under paragraph (11) it shall submit a report of the assessment to the Secretary of State by the date specified in the notice and paragraphs (3) and (5) to (7) shall apply following the submission of the report as they apply following the submission of a report pursuant to paragraph (1).
(13) Where a water undertaker which is not required to comply with regulation 23B at a treatment works becomes aware of any factors which make it likely that a further assessment will establish that there is a significant risk from cryptosporidium oocysts in water supplied from the works it shall notify the Secretary of State in writing, specifying the relevant factors.
(14) There is a significant risk from cryptosporidium oocysts in water supplied from a treatment works, for the purpose of this regulation, if there is a significant risk that the average number of cryptosporidium oocysts per 10 litres of water supplied from the works for the purposes mentioned in regulation 23B(1), if sampled and analysed in accordance with regulation 23B, would at any time be one or more.
Treatment for cryptosporidium
23B (1) A water undertaker which is required under regulation 23A to comply with the requirements of this regulation shall, in carrying out such of its functions under Part III of the Water Industry Act 1991 as relate to the supply of water for drinking, washing, cooking or food production purposes, use a process for treating the water intended to be supplied which secures that the average number of cryptosporidium oocysts per 10 litres of water is less than one.
(2) For the purpose of paragraph (1) a process secures that the average number of cryptosporidium oocysts per 10 litres of water is less than one only if -
(a) the water is sampled, and collection devices are analysed, in accordance with the following provisions of this regulation; and
(b) each collection device, when analysed under paragraph (11) or (12)and paragraph (13), indicates that the water sampled has been treated so as to secure that the average number of such oocysts per 10 litres of water is less than one.
(3) A water undertaker who is required under regulation 23A to comply with the requirements of this regulation shall, in using the process referred to in paragraph (1), monitor its effectiveness by securing compliance with the requirements of paragraphs (4) to (14).
(4) Subject to paragraph (5), a continuous sample of water, consisting of at least 40 litres per hour on average during each sampling period, shall be taken from each point at which water leaves the treatment works and steps shall be taken to ensure that the sample is not contaminated when being taken.
(5) Where water which is subjected to the same treatment at the same treatment facilities before it leaves a treatment works leaves the works from more than one point paragraph (4) shall require a continuous sample of water to be taken at only one of those points.
(6) For the purpose of the requirement in paragraph (4) to take a continuous sample of water, no account shall be taken of -
(a) an interruption in the taking of a sample of less than one hour due to the changing of a collection device in accordance with paragraph (8); or
(b) an interruption in the taking of a sample during a period when water is not being supplied from the monitoring point.
(7) A sample of water taken pursuant to paragraph (4) shall, as it is taken and without any further treatment, be passed through an approved collection device contained in approved sampling equipment which records the volume of water sampled.
(8) Subject to paragraph (9), a water undertaker shall change the collection device through which water is being passed in accordance with paragraph (7) at least once a day by removing it in an approved manner from the relevant sampling equipment and replacing it in an approved manner with a clean collection device, and a record shall be made of the volume of water passed through the collection device which has been removed and that record shall be retained for a period of one year.
(9) Where, due to interruptions in the taking of a sample during periods when water is not being supplied from a monitoring point, the volume of water passed through a collection device is less than 200 litres per day, a water undertaker shall not be required to change the collection device in accordance with paragraph (8) until the day on which the volume of water passed through the device equals or exceeds 200 litres.
(10) A collection device removed from sampling equipment shall, prior to being analysed, be maintained in an approved manner so as to secure that there is no material alteration of the state of the device which could affect the results of the analysis.
(11) A collection device shall, subject to paragraph (12), within three days of the date on which it is removed from the sampling equipment be analysed for the purpose of establishing whether it contains cryptosporidium oocysts at a level which indicates that the water sampled has not been treated so as to secure that the average number of cryptosporidium oocysts per 10 litres of water is less than one.
(12) Where there is a significant increase in the turbidity of water being sampled for the purpose of this regulation or some other indication that the number of cryptosporidium oocysts in the water may have increased, a water undertaker shall immediately change the collection device through which the water is being passed and the removed collection device shall be analysed as soon as practicable and in any case no later than the end of the day after that on which the collection device is removed.
(13) The analysis of collection devices for the purposes of this regulation shall be carried out at an approved laboratory using approved equipment and approved analytical systems and methods.
(14) Following the analysis of a collection device for the purpose of this regulation, the person by whom or under whose supervision the analysis has been carried out shall, within the applicable time limit for the analysis set out in paragraph (11) or (12), certify the results of the analysis, setting out the average number of cryptosporidium oocysts per 10 litres of water contained in the water sampled, as indicated by the level of cryptosporidium oocysts contained in the collection device.
(15) In this regulation -
(a) “approved” means approved by the Secretary of State for the purpose of this regulation;
(b) “day” means the 24 hour period commencing immediately after midnight.”.
Contamination from pipes
24.-(1) Where there is a risk ("the prescribed risk") that water supplied by a water undertaker would, for the reason mentioned in paragraph (2) below, cease to comply with the requirements of Part II of these Regulations after leaving the undertaker's pipes, a water undertaker shall, subject to paragraphs (4) and (5) -
(a) treat the water in such a way as will, in its opinion, eliminate the prescribed risk or reduce it to a minimum; and
(b) where the risk relates to lead, remove its part of any pipe to which this sub-paragraph applies when such part of the remainder of that pipe as is used for the supply of water for food production purposes or as connects directly to a tap used for the supply of drinking water is removed.
(2) The reason referred to in paragraph (1) is the presence in the water of a concentration of copper, lead or zinc which exceeds the prescribed concentration and which is attributable to the fact that -
(a) copper or lead is the major component; or
(b) zinc is a component,
of such a pipe as is mentioned in section 68(3)(a) of the Act.
(3) Paragraph (1)(b) applies to a lead pipe which is subject to water pressure from a water main or would be so subject but for the closing of some valve and which belongs, as to part, to a water undertaker and, as to the remainder, to the owner of any premises to which the undertaker supplies water for domestic or food production purposes.
(4) Paragraph (1) shall not require an undertaker to treat water -
(a) if the treatment is unlikely to achieve a significant reduction in the concentration of copper, lead or zinc; or
(b) in any water supply zone where the prescribed risk relates only to water supplied in an insignificant part of the zone; or
(c) if treatment is not reasonably practicable.
(5) Paragraph (1) shall not require an undertaker to remove a pipe unless it has received a request in writing to do so from the owner of the premises in question.
Application and introduction of substances and products
25.-(1) A water undertaker shall not, otherwise than for the purposes of testing or research, apply any substance or product to, or introduce any substance or product into, water which is to be supplied for drinking, washing, cooking or food production purposes unless -
(a) the Secretary of State has for the time being approved the application or introduction of that substance or product and it is applied or introduced in accordance with any conditions attaching to that approval; or
(b) the undertaker is satisfied that the substance or product either alone or in combination with any other substance or product in the water is unlikely to affect adversely the quality of the water supplied; or
(c) the undertaker can demonstrate that the substance or product has during the period of twelve months preceding the making of these Regulations been applied or introduced (otherwise than for the purposes of testing or research) by a water authority or a statutory water company into water supplied by it for domestic or food production purposes; or
(d) the substance or product -
(i) was at any time before the commencement of these Regulations listed in the 15th Statement of the Committee on Chemicals and Materials of Construction for Use in Public Water Supply and Swimming Pools(6) or in any supplement to that Statement issued before the making of these Regulations; and
(ii) is applied or introduced in accordance with any conditions referred to in that Statement or any supplement so issued or any such conditions as varied under paragraph (5) of this Regulation and any conditions imposed under that paragraph.
Sub-paragraphs (b) to (d) have effect subject to paragraph (4) below.
(2) An application for such an approval as is mentioned in paragraph (1)(a) may be made by any person.
(3) The Secretary of State may, if he decides to issue an approval for the purpose of paragraph (1)(a), include in the approval such conditions as he considers appropriate and, subject to paragraph (6), may at any time revoke or vary any approval he has previously given.
(4) The Secretary of State may by notice given in writing to any water undertaker prohibit it for such period as is specified in the notice from applying to, or introducing into, water intended to be supplied for drinking, washing, cooking or food production purposes any substance or product which the undertaker would otherwise be authorised to apply or introduce by paragraph (1)(b),(c) or (d).
(5) The Secretary of State may by notice in writing to water undertakers vary any condition contained in the 15th Statement or any supplement referred to in paragraph (1)(d)(I) or impose conditions as to the application or introduction of any substance or product listed in that Statement or any supplement.
(6) The Secretary of State may -
(a) revoke by an instrument in writing any approval given by him for the purposes of paragraph (1)(a);
(b) modify any such approval by an instrument in writing by including conditions, or varying existing conditions;
(c) issue any such notice as is mentioned in paragraph (4);
but, unless he is satisfied that it is necessary to do so in the interests of public health without notice, shall not do any of those things without giving all such persons as are, in his opinion, likely to be affected by the revocation or modification of the approval or by the issue of the notice at least six months' notice in writing of his intention.
(7) Notice shall be given forthwith by the Secretary of State to all persons likely to be affected by the making of such an instrument as is mentioned in paragraph (6)(a) or (b).
(8) At least once in each year beginning with the year 1990, the Secretary of State shall issue a list of all the substances and products in relation to which -
(a) an approval for the purposes of paragraph (1)(a) has been granted or refused;
(b) such an approval has been revoked or modified;
(c) a notice has been issued under paragraph (4),
with particulars of the action taken.
Use of processes
26.-(1) The Secretary of State may at any time by notice in writing given to a water undertaker require it to make an application to him for approval of the use of any process; and may prohibit it for such period as may be specified in the notice from using any such process in connection with the supply by it of water for drinking, washing, cooking or food production purposes.
(2) The Secretary of State may refuse the application or impose on any approval given for the purposes such conditions as he thinks fit and, subject to paragraph (3), may at any time by notice in writing to the water undertaker revoke an approval so given or modify or revoke any condition imposed by virtue of this paragraph.
(3) The Secretary of State shall not -
(a) revoke any approval given for the purposes of this regulation;
(b) modify any condition imposed by virtue of paragraph (2); or
(c) prohibit a water undertaker from using any process,
unless he has given to the water undertaker at least six months' notice in writing of his intention:
Provided that this paragraph shall not apply in any case in which the Secretary of State is of the opinion that the immediate revocation, modification or prohibition is necessary in the interests of public health.
(4) Paragraph (8) of regulation 25 shall apply for the purposes of this Regulation as if -
(a) for the reference to a substance or product there were substituted a reference to a process; and
(b) for the reference to paragraph (1)(a) and paragraph (4) there were substituted a reference to this Regulation and paragraph (1) of this Regulation respectively.
Charges for applications
27. The Secretary of State may, by notice in writing, require the person who makes an application for an approval under regulation 25(1) to pay him a charge which reflects the administrative expenses (excluding the costs of conducting any tests) incurred or likely to be incurred by him in connection with that application; and in determining the amount of any charge the Secretary of State may adopt such methods and principles for its calculation as appear to him to be appropriate.
Offences
28.-(1) A water undertaker which applies or introduces any substance or product in contravention of regulation 25(1) or a notice given under regulation 25(4), or uses any process in contravention of a prohibition imposed under regulation 26(1) or without complying with a condition imposed by virtue of regulation 26(2) shall be guilty of an offence and liable -
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(1A) A water undertaker which contravenes regulation 23B(1) or regulation 23B(3) shall be guilty of an offence and liable -
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(1B) A copy of a certificate given pursuant to regulation 23B(14) shall be admissible in evidence as to the number of cryptosporidium oocysts per 10 litres of water in any proceedings under paragraph (1A) for contravention of regulation 23B(1).
(2) In any proceedings against a water undertaker for an offence under paragraph (1) or (1A) it shall be a defence for that undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
(3) If any person in certifying the results of an analysis pursuant to regulation 23B(14) or, in furnishing any information or making any application under regulation 25 or 26, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence and liable -
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(4) Proceedings for an offence under paragraph (3) shall not be instituted except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
PART VII - Records and Information Maintenance of records
29.-(1) A water undertaker shall prepare and maintain, in respect of each of its water supply zones, a record containing -
(a) the name of the zone;
(b) if not comprised in the name of the zone, the name of any water treatment works from which water is supplied to premises within the zone;
(c) an estimate of the population of the zone;
(d) particulars of any relaxation granted under Part III of these Regulations which applies to water supplied in the zone;
(e) particulars of any action taken or required to be taken by the undertaker to comply with undertakings given pursuant to section 19(1)(b) in respect of its duties under section 68 of the Act so far as they relate to the zone;
(f) particulars of the result of any analysis of samples taken in accordance with Part IV of these Regulation or regulations 16 to 18 or 23B;
(g) information in the form in Schedule 4 hereto;
(h) such other particulars as the undertaker may determine.
(2) An undertaker shall make -
(a) initial entries in the register in respect of the matters mentioned in paragraph (1)(a) to (e) before 1 January 1990;
(b) entries relating to the results of the analysis of samples within 28 days of the day in which the result is first known to the undertaker; and
(c) an entry of the information mentioned in paragraph (1)(g) when regulation 30(4)is complied with.
(3) Without prejudice to paragraph (2), the undertaker shall at least once in each year review and bring up to date the record required to be kept by paragraph (1).
(4) Nothing in this Regulation shall require an undertaker to retain a record of any information mentioned in paragraph (1)(f) or (g) at any time more than five years after the date on which the information was first entered in the record.
Provision of information
30.-(1) A water undertaker shall make available for inspection by the public at all reasonable hours and free of charge at such of its offices as are normally open to the public any record maintained by it in accordance with regulation 29.
(2) A water undertaker shall afford to any person facilities to take or obtain a copy of any part of a record maintained in accordance with regulation 29 -
(a) in the case of a person who receives a supply of water in the zone and whose request is confined to information relating to that zone, free of charge;
(b) in any other case, on payment of such reasonable charge as the undertaker may determine.
(3) A water undertaker shall include in or append to at least one of the accounts sent to each customer in any year a statement informing them that records of water quality may be inspected by the public free of charge and of the address, telephone number and hours of opening of at least one of the offices at which an inspection can be made.
(4) A water undertaker shall, not later than 31st December 1990 and not later than 30th June in each year thereafter, supply to a local authority information in the form set out in Schedule 4 to these Regulations relating to the preceding year concerning the general quality of water supplied to premises in the authority's area, and so far as the information is relevant to the authority's area -
(a) the samples taken in respect of each parameter;
(b) the extent to which the undertaker has complied with the requirements of Parts II and IV of these Regulations; and
(c) the action taken by the undertaker to comply with undertakings given pursuant to section 19(1)(b) in respect of its duties under section 68 of the Act:
Provided that the information required to be supplied before 1st January 1991 shall cover the six month period ending 30th June 1990.
(5) A water undertaker shall notify a local authority and a district health authority as soon as may be after the occurrence of any event which, by reason of its effect or likely effect on the water supplied by it, gives rise or is likely to give rise to a significant risk to the health of persons residing in the authority's area.
(6) An authority who have received a notification under paragraph (5) may require the water undertaker to provide them with such information relating to the event and its consequences as they may reasonably require.
(7) In this Regulation -
"local authority" means -
(a) the Common Council of the City of London;
(b) a London borough council;
(c) a district council; and
"district health authority" shall be construed in accordance with the definition of "District Health Authority" in section 1 of the Health Services Act 1989(7).
Publication of information
31.-(1) A water undertaker shall prepare a report for each year containing, as regards the area to which its appointment under section 6 of the Act extends -
(a) a summary of the quality of water supplied by it for domestic purposes and, if water is supplied for food production purposes, for those purposes;
(b) a statement as to the extent to which water supplied by it complied with Part II of these Regulations;
(c) particulars of any relaxation granted under Part III which applies to water supplied by it;
(d) a statement of the action that it has taken or is required to take and has not yet taken to comply with undertakings given pursuant to section 19(1)(b) in respect of its duties under section 68 of the Act;
(e) a statement that a person may inspect any record maintained in accordance with regulation 29 and particulars of the times and places at which such inspection may be made; and
(f) such other information as the undertaker may determine.
(2) The statement required by paragraph (1)(b) shall, in relation to years after 1989, specify, in the form set out in Form A and Form B in Schedule 5 to these Regulations the number of the results of the analysis of samples which established a concentration or value in respect of any parameter which contravened the prescribed concentration or value.
(3) On or before 30th June a water undertaker shall publish the report prepared for the preceding year in accordance with paragraph (1) and shall at the same time send a copy to every local authority within whose area it supplies water.
(4) In this Regulation, "local authority" has the same meaning as in regulation 30(7).
PART VIII - Functions of Local Authorities in Relation to Water Quality Application and interpretation
32.-(1) This Part applies to the performance by a local authority of their duty under section 77(1) of the Act insofar as that duty relates to water supplies which are not private supplies.
(2) In this Part "relevant water undertaker", in relation to a local authority, means a water undertaker any of whose supply zones include an area which falls within the area of that authority.
Duties of local authorities - supplementary provisions
33.-(1) In performing their duty under section 77(1) of the Act, a local authority -
(a) shall make such arrangements with the relevant water undertaker as will secure that the authority is notified as mentioned in regulation 30(5); and
(b) may take and analyse, or cause to be analysed, by a person designated by them in writing, such samples of the water supplied to premises in their area as they may reasonably require.
(2) Regulation 21 shall apply to samples taken by virtue of paragraph (1) as it appears to samples taken for the purposes of parts IV and V of these Regulations; but with the following modifications -
(a) in paragraph (1), for the words "A water undertaker" there shall be substituted the words "A local authority"; and
(b) in paragraph (2)(e), after the words "the undertaker" there shall be inserted the words "to the authority".
PART IX - Enforcement Contravention by water undertakers
34. Any duty or requirement imposed by Parts IV to VII of these Regulations on a water undertaker shall be enforceable under section 18 of the Act by the Secretary of State, whether or not it constitutes an offence.
Signed by authority of the Secretary of State
6th July 1989 Minister for Water and Planning,
Department of the Environment
6th July 1989 Secretary of State for Wales
Schedule 1
EXERCISE OF POWERS1. The powers conferred by sections 68 and 69 are exercised by the Secretary of State for Wales, in relation to companies appointed by him to be water undertakers, and by the Secretary of State for the Environment, in relation to other water undertakers; and in this paragraph and paragraph 3 the reference to a company appointed by the Secretary of State to be a water undertaker includes a reference to a company appointed with the consent of, or in accordance with a general authorisation given by, the Secretary of State.
2. The powers conferred by sections 77(3) and (4) are exercised by the Secretary of State for Wales, as respects local authorities exercising functions in Wales, and by the Secretary of State for the Environment, as respects local authorities exercising functions in England.
3. The powers conferred by section 67 are exercised -
(a) insofar as they relate to the matters specified in subsection (2)(a) to (d), by the Secretary of State for the Environment and the Secretary of State for Wales jointly;
(b) insofar as they relate to the matters specified in subsection (2)(e), by the Secretary of State for Wales, as respects water supplied in Wales by a private supplier and water supplied (whether or not in Wales) by a company appointed by him to be a water undertaker, and by the Secretary of State for the Environment, as respects water supplied in England by a private supplier and water supplied (whether or not in England) by a company appointed by him to be a water undertaker; and
(c) insofar as they relate to the matter specified in subsection (2)(f), by the Secretary of State for Wales, as respects local authorities exercising functions in Wales, and by the Secretary of State for the Environment, as respects local authorities exercising functions in England.
Schedule 2
Regulation 3 PRESCRIBED CONCENTRATIONS OR VALUES
Table A
Item Parameters Units of Measurement Concentration or value
(maximum unless otherwise stated)1 Colour mg/l Pt/Co scale 20 2 Turbidity (including
suspended solids)Formazin turbidity units 4 3 Odour (including
hydrogen sulphide)Dilution number 3 at 25°C 4 Taste Dilution number 3 at 25°C 5 Temperature °C 25 6 Hydrogen ion pH value 9.5
5.5 (minimum)7 Sulphate mg SO4/l 250 8 Magnesium mg Mg/l 50 9 Sodium mg Na/l 150 (i) 10 Potassium mg K/l 12 11 Dry residues mg/l 1500 (after drying at 180°C) 12 Nitrate mg NO3/l 50 13 Nitrite mg NO2/l 0.1 14 Ammonium (ammonia
and ammonium ions)mg NH4/l 0.5 15 Kjeldahl nitrogen mg N/l 1 16 Oxidizability
(permanganate value)mg/O2/l 5 17 Total organic carbon mg C/l No significant increase over
that normally observed18 Dissolved or emulsified
hydrocarbons (after
extraction with petroleum
ether); minerals oilsµg/l 10 19 Phenols µg C6H5OH/l 0.5 20 Surfactants µg/l (as lauryl sulphate) 200 21 Aluminium µg Al/l 200 22 Iron µg Fe/l 200 23 Manganese µg Mn/l 50 24 Copper µg Cu/l 3000 25 Zinc µg Zn/l 5000 26 Phosphorus µg P/l 2200 27 Fluoride µg F/l 1500 28 Silver µg Ag/l 10 (ii)
Notes: (i) See regulation 3(5) (ii) If silver is used in water treatment process, 80 may be substituted for 10.
Table B
Item Parameters Units of Measurement Maximum Concentration 1 Arsenic µg As/l 50 2 Cadmium µg Cd/l 5 3 Cynide µg CN/l 50 4 Chromium µg Cr/l 50 5 Mercury µg Hg/l 1 6 Nickel µg Ni/l 50 7 Lead µg Pb/l 50 8 Antimony µg Sb/l 10 9 Selenium µg Se/l 10 10 Pesticides and related products:
(a) individual substances
(b) total substances (i)
µg/l
µg/l
0.1
0.511 Polycyclic aromatic
hydrocarbons (ii)µg/l 0.2
Notes: (i) The sum of the detected concentrations of individual substances. (ii) The sum of the detected concentations of fluoranthene, benzo 3.4 fluoranthene, benzo 11.12 fluoranthene, benzo 3.4 pyrene, benzo 1.12 perylene and indeno (1,2,3-cd) pyrene.
Table C
Item Parameters Units of Measurement Maximum Concentration 1 Total coliforms number/100 ml 0 (i) 2 Faecal coliforms number/100 ml 0 3 Faecal streptococci number/100 ml 0 4 Sulphite-reducing
clostridianumber/20 ml <l (ii) 5 Colony counts number/1 ml at 22°C
or 37°CNo significant increase over
that normally observed
Notes: (i) See regulation 3(6)to 3(8). (ii) Analysis by multiple tube method.
Table D(i)
Item Parameters Units of Measurement Maximum Concentration
or value1 Conductivity µS/cm 1500 at 20°C 2 Chloride mg Cl/l 400 3 Calcium mg Ca/l 250 4 Substances extractable
in chloroformmg/l dry residue 1 5 Boron µg B/l 2000 6 Barium µg Ba/l 1000 7 Benzo 3,4 pyrene ng/l 10 8 Tetrachloromethane µg/l 3 9 Trichloroethene µg/l 30 10 Tetrachloroethene µg/l 10
Note: (i) See regulation 3(3)(d).
Table E
Item Parameters Units of Measurement Minimum Concentration (i) 1 Total hardness mg Ca/l 60 2 Alkalinity mg HCO3/l 30
Note: (i) See regulation 3(2)
Schedule 3
Regulations 13 and 17 SAMPLING FREQUENCIES
Table 1: Sampling frequencies at consumers' taps
Parameters Water Supply Zone Sampling Frequency
(number per annum)Volume distributed (m3/d) for domestic purposes (and, if water is supplied for food production purposes, for those purposes) Population Supplied Reduced Standard Increased Ground water Surface water Conductivity or
hydrogen ion
Odour (qualitative)
Taste (qualitative)<100 <500 4 12 101-1000 501-5000 4 4 6 12 1001-2000 5001-10000 4 6 12 24 2001-4000 10001-20000 6 12 24 4001-7000 20001-35000 11 21 42 7001-10000 35001-50000 15 30 60
Table 2: Sampling frequencies at consumers' taps
Parameters Water Supply Zone Sampling Frequency
(number per annum)Volume distributed (m3/d) for domestic purposes (and, if water is supplied for food production purposes, for those purposes) Population Supplied Reduced Standard Increased Ground water Surface water Turbidity
Temperature
Hydrogen ion
Nitrate
Nitrite
Ammonium
Iron
Aluminium
Manganese
Colour<100 <500 4 12 101-1000 501-5000 4 12 1001-2000 5001-10000 4 24 2001-4000 10001-20000 4 4 6 24 4001-7000 20001-35000 4 5 10 36 7001-10000 35001-50000 4 5 10 48
Table 2a: Sampling frequencies at consumers' taps
Parameters Water Supply Zone Sampling Frequency
(number per annum)Volume distributed (m3/d) for domestic purposes (and, if water is supplied for food production purposes, for those purposes) Population Supplied Reduced Standard Increased Ground water Surface water Odour (qualitative)
Taste (qualitative)<100 <500 1 4 12 101-1000 501-5000 1 4 12 1001-2000 5001-10000 1 4 24 2001-4000 10001-20000 1 4 6 24 4001-7000 20001-35000 1 5 10 36 7001-10000 35001-50000 2 5 10 48
Table 3: Sampling frequencies at consumers' taps
Parameters Water Supply Zone Sampling Frequency
(number per annum)Volume distributed (m3/d) for domestic purposes (and, if water is supplied for food production purposes, for those purposes) Population Supplied Reduced Standard Increased Trihalo-
methanes
Tetrachloro-
methane
Trichloro-
ethene
Tetrachloro-
ethene
Copper
Lead
Zinc
Pesticides (i)
Polycyclic aromatic
hydrocarbons(ii)<7000 <3500 1 4 12 7001-10000 35001-50000 1 4 24
Notes:
(i)
ie any fungicide, herbicide, or insecticide; increased or reduced sampling, where required or permitted, may be confined to the substance in question. (ii)
The sum of the detected concentrations of fluoranthene, benzo 3.4 fluoranthene, benzo 11.12 fluoranthene, benzo 3.4 pyrene, benzo 1.12 perylene and indeno (1,2,3-cd) pyrene.
Table 4: Sampling frequencies at consumers' taps
Parameters Sampling Frequency
(number per annum)Standard Increased Chloride
Sulphate
Calcium
Magnesium
Sodium
Patassium
Dry Residues
Oxidizability (permanganate value)
Total organic carbon
Boron
Surfactants
Phosphorus
Fluoride
Barium
Silver
Arsenic
Cadmium
Cyanide
Chromium
Mercury
Nickel
Antimony
Selenium
Total hardness
Alkalinity1 12
Table 5: Sampling frequencies at supply points
Water Supply Zone or Combination of Zones Sampling Frequency (number per annum) Volume distributed (m3/d) for domestic purposes and, if water is supplied for food production purposes for those purposes Populat-
ion supp-
liedTable 1
ParametersTable 2
ParametersTable 3
ParametersTable 4
ParametersReduced Stan-
dardIncr-
easedReduced Stan-
dardIncr-
easedReduced Stan-
dardIncr-
easedReduced Stan-
dardIncr-
easedGW SW GW SW GW SW GW SW <100 <500 4 12 4 12 1 2 4 12 1 12 101-1000 501-5000 4 4 6 12 4 12 1 2 4 12 1 12 1001-2000 5001-10000 4 6 12 24 4 24 1 2 4 12 1 12 2001-4000 10001-20000 6 12 24 4 4 6 24 1 2 4 12 1 12 4001-10000 20001-50000 15 30 60 4 5 10 60 1 2 4 12 1 12 10001-20000 50001-100000 30 60 120 5 10 20 60 2 3 6 24 1 1 2 24 20001-30000 100001-150000 45 90 180 8 15 30 60 2 3 6 24 1 2 3 24 30001-60000 150001-300000 90 180 360 15 30 60 120 2 3 6 24 2 3 6 24 60001-100000 300001-500000 90 180 360 30 60 120 3 5 10 24 3 5 10 24 100001-200000 500001-1000000 90 180 360 30 60 120 5 10 20 36 5 10 20 36
Key: GW = Ground Water SW = Surface Water
Table 6: Sampling frequencies at consumers' taps
Parameters Water Supply Zone Sampling Frequency
(number per annum)Volume distributed (m3/d) for domestic purposes (and, if water is supplied for food production purposes, for those purposes) Population Supplied Standard Total coliforms Faecal coliforms Residual disinfectant Colony counts <100 <500 12 101-1000 501-5000 12 1001-2000 5001-10000 24 2001-4000 10001-20000 48 20001-50000 at the rate of 12 per 5000 population except in the case of colony counts where the standard number is 52. In cases where the population is not an exact multiple of 5,000 the population figure should be rounded up to the nearest multiple of 5,000.
Table 7: Sampling frequencies for treatment works
Parameters Volume distributed (m3/d) for domestic purposes (and, if water is supplied for food production purposes, for those purposes) Sampling Frequency
(number per annum)Reduced Standard 1. Total and faecal coliforms, residual disinfectant and colony counts. <2000
2001-600012
5252
1042. Total and faecal coliforms, and residual disinfectant. 6001-12000
>12000104
104208
3653. Colony counts >6000 52 104
Schedule 4
Regulation 30(4) INFORMATION FOR LOCAL AUTHORITIES
WATER SUPPLY ZONE (NAME OF ZONE)
(Period of report)Parameter No.of samples taken in period PCV(1)
(including unit of measurement)% of samples contravening
PCV(2)Concentration or Value (all samples) Min. Mean Max.
Commentary on Water Quality
Action taken to comply with section 20(5)(b) undertakings
Notes:
(1)
PCV = prescribed concentration or value specified in Schedule 2. For zones for which a relaxation has been authorised under regulation 4, the extent to which the prescribed concentration or value for the parameter in question is authorised to be relaxed should also be recorded in parenthesis. (2)
For zones for which a relaxation has been authorised under regulation 4, this column should record the percentage of samples contravening the relaxed concentration or value specified in the authorisation.
Schedule 5
Regulation 31(2) INFORMATION TO BE INCLUDED IN ANNUAL REPORT
FORM A: Microbiological quality (a) WATER LEAVING TREATMENT WORKS
Volume of water distributed from works (m3/day) No. of samples % of samples exceeding prescribed concentration or value Total Coliforms Faecal Coliforms less than 3,000
3,000-12,000
more than 12,000TOTAL (b) WATER IN SERVICE RESERVOIRS (Including water towers)
Capacity of reservoir
(m3)No. of samples % of samples exceeding prescribed concentration or value Total Coliforms Faecal Coliforms less than 2,000
2,000-10,000
more than 10,000TOTAL (c) WATER AT CONSUMERS' TAPS
Type of sample Size of zone (Population) less than
5,0005,000-
20,00020,001-
50,000TOTAL Random No. of samples
% exceeding PCV for TC
% exceeding PCV for FCFixed No. of samples
% exceeding PCV for TC
% exceeding PCV for FCTotal No. of samples
% exceeding PCV for TC
% exceeding PCV for FC
Note: PCV = prescribed concentration or value. TC = total coliforms. FC = faecal coliforms.
FORM B: Physico-chemical quality
(1) (2) (3) (4) (5) (6) (7)(iii) (8) Parameter(i) Size of zone (popul
-ation)No. of zones in size group No. of samples % excee
-ding PCV(ii)No. of samples in column (5) which satisfy the terms of a relaxation given under Part III No. of zones in which PCV contravened No. of zones in column (7) in which action taken has remedied the contravention eg Colour less than 5,000
5,000-20,000
20,001-50,000TOTAL eg Iron less than 5,000
5,000-20,000
20,001-50,000TOTAL Total(iv) less than 5,000
5,000-20,000
20,001-50,000TOTAL
Notes:
(i)
For pesticides include each sample/zone where one or more pesticides fail to comply with 0.1 µg/l. (ii) PCV=prescribed concentration or value. (iii)
Where a relaxation has been granted under Part III of the Regulations, this column should record only those zones in which samples contravene both the PCV and the terms of the relaxation. (iv)
A zone in respect of which a PCV has been contravened in relation to more than one parameter should be recorded only once in columns (7) and (8). Columns (4),(5) and (6) should not be completed. Footnotes
(1) 1991 c.56
(2) 1991 c.57
(3) OJ No. L194, 25.7.1975, p.26
(4) 1991 c.57
(5) S.I. 1996/3001
(6) The 15th Statement was issued in March 1989. Copies of it and of any supplement may be obtained from the Department of the Environment, Romney House, 43 Marsham Street, London SW1P 3PY.
(7) 1980c.53
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Updated 11 July 2001
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