THE WATER SUPPLY (WATER QUALITY) REGULATIONS 2016 (AS AMENDED)
NOTICE UNDER REGULATION 28(4)
Thames Water Utilities Ltd: Cryptosporidium, All Sites
Multiple sites split according to risk based prioritisation (see Annex 1)
Legal Instrument Database Reference number: TMS3952
THE SECRETARY OF STATE:
- has on 21 October 2017 and subsequent updates in January and February 2018 received a set of regulation 28 reports (the “Reports”) from Thames Water Utilities Ltd (the “Company”) which state that there is or has been a significant risk of supplying water from all sites (see Annex 1 for sites) that could constitute a potential danger to human health and could be unwholesome.
- GIVES NOTICE to the Company under regulation 28(4) of the Water Supply (Water Quality) Regulations 2016 (as amended) that it must satisfy the following requirements:
For risks associated with:
- Presence of Cryptosporidium in final water
- Contamination from sources of Cryptosporidium
- Inadequate identification, assessment and mitigation of risks in catchment
- Inadequate treatment processes leading to potential breach of regulation 4.
(a) to maintain the following measures for the period specified
To ensure that wholesome water is supplied to consumers at all times, in accordance with the requirements of regulation 4, maintain existing operational measures which must include the following at all sites (see Annex 1):
Date: With immediate effect and ongoing for the duration of the Notice.
- Maintain an appropriate level of sampling for Cryptosporidium.
- Operation of all processes within defined operating ranges with appropriate triggers, responses and contingency procedures with associated review programmes.
- Online turbidity monitoring pre-contact tank with appropriate alarms and failsafe shutdown where applicable.
- Ensure the works control and shutdown system is operational and that monitors are calibrated at the predefined frequencies.
- Enhanced operational monitoring for microbiological faecal indicators where appropriate.
- Continuously review all critical control points and mitigation measures for the duration of this Notice with a view to updating the Notice with additional measures where required. Ensure that any new risk identified is assessed in accordance with the Company’s Drinking Water Safety Plan (DWSP) methodology.
- Optimisation of all existing treatment processes, to comply with the Badenoch and Bouchier recommendations1.
- Water quality response procedures for: investigation of contraventions including process optimisation and reporting; customer complaints procedures; event response procedures for event actions and notification criteria.
- Up to date Site Operating Manual (SOM), defining normal operating ranges, triggers, response and contingency procedures, with controlled update and review programmes. Internal waiver process is followed where deviation from SOM is required.
- Maintain contingency plans to protect human health in the event of a risk to human health associated with drinking water quality, which should include liaison with local authorities and Public Health England to agree any actions needed to protect human health and issuing of advice to consumers, where required.
- In accordance with the requirements of regulation 27(3), continuously review and revise as necessary the Regulation 27 risk assessment and submit revised regulation 28 reports to the Inspectorate as necessary, in accordance with the published procedure.
1 Cryptosporidium in Water Supplies, Reports of the Groups of Experts published in 1990, 1995 and 1998.
(b) to review, revise and/or make operational the following measures, by the date specified below:
- The Company shall review the type of monitoring in place at its sites (listed in Annex 1) to understand its appropriateness in relation to the water type (i.e. raw or treated water and organic loadings).
Date: 31 Oct 2018 (all sites)
- Complete a Hazard Review of the risk of Cryptosporidium entering the final water at all sites on a risk prioritisation basis (starting with sites in Annex 1 Table A through to Table E) which must include the following aspects:
Date: 31 December 2020 (Table A, B and C sites) 31 August 2023 (Table D and E sites)
- a) Review of any risk identified through the 27(4) Notice TMS3950;
- b) Review of risks from identified pathways;
- c) Review of each water treatment works compliance with the recommendations of the Expert Group on Cryptosporidium “Badenoch and Bouchier”1;
- d) Conduct a programme of detailed catchment ground truthing surveys to inform Drinking Water Safety Plans;
- e) Complete a catchment review to identify any relevant catchment management measures that can be implemented to reduce risk;
- f) Review of all treatment processes currently in place for removal or inactivation of Cryptosporidium, including the consideration of maximum design capacities, operational envelopes and redundancies; and
- g) Review and revise procedures for abstraction and reservoir management in relation to Cryptosporidium and turbidity monitoring data.
- Following the completion of measure (b)2.above; the Company shall review requirements for continuous monitoring of raw, in-process and treated water at all sites on a risk prioritisation basis (starting with sites in Annex 1 Table A through to Table E) to understand its appropriateness in relation to the water type and hazards identified through measure (b)2.
Date: 31 March 2021 (Table A, B and C sites) 30 November 2023 (Table D and E sites)
- Following the completion of measures (b)2.above; the Company shall identify any additional risk mitigation or enhancement of current mitigation required to secure the long term protection of public health to consumers receiving water from all sites on a risk prioritisation basis (starting with sites in Annex 1 Table A through to Table E)).
Date: 31 March 2021 (Table A, B and C sites) 30 November 2023 (Table D and E sites)
(c) to audit whether the measures have been effective by the following means:
- Define a strategy for auditing the effectiveness of the above measures and to ensure a programme of ongoing proactive risk assessment is enacted incorporating any lesson learnt from the completion of said measures.
Date: 2 months after Notice served
- Implement the audit strategy outlined above.
Date: Until revocation of this Notice.
(d) not to supply water for regulation 4(1) purposes from multiple sites unless the conditions specified below are satisfied:
(e) to provide the following information in the time and manner specified below to enable monitoring of progress towards the mitigation of the risk of supplying water that would constitute a potential danger to human health:
- Provide a progress report annually by 31 January and against the following milestones:
- a) Report to confirm details of the strategy for auditing the effectiveness of the measures as specified in section (c).
Date: 3 months after Notice served
- b) Report summarising the outcome of the monitoring review completed under measure (b)1.
Date: 30 November 2018
- c) Quarterly Report summarising the outcomes of the Hazard Reviews required under measure (b)2 and confirming the outcomes of the reviews required under measure (b)3 and (b)4. This report will be used to inform subsequent site specific regulation 28(4) Notices, if required, for the implementation of mitigation where a risk to human health has been identified.
Date: Within six months of the completion of measure (b)2. at each site to coincide with a quarterly submission date of:- 31 March- 30 June- 30 September- 31 December
- d) Confirm completion of measure c) above.
Date: 30 May 2021 (Table A, B and C sites) 30 January 2024 (Table D and E sites)
- Review the risk assessment for sites as required by Regulation 27(3) following the completion of section (b) and subsequently submit a revised regulation 28 report accompanied by a signed board level declaration.
Date: As required throughout the Notice and 21 May 2021 (Table A, B and C sites)21 January 2024(Table D and E sites)
- Submit a satisfactory completion report.
Date: 29 February 2024
Failure by the Company to comply with this Notice may result in enforcement proceedings under section 18 of the Act.
Signed by authority of the Secretary of State
Deputy Chief Inspector
28 September 2018
DWI ref: TMS3952
As required throughout the Notice and 21 May 2021 (Table A, B and C sites)21 January 2024(Table D and E sites)
Annex 1 – Sites
All sites (water treatment works) have been split into tables based on risk from the highest risks in Table A to the lowest risk in Table E. Tables A-C list high risk sites, Table D amber risk and Table E low risk sites. Sites will be reviewed under this Notice following this risk prioritisation starting with sites in Table A and proceeding through the Tables to end with Table E sites. Sites within each table are listed alphabetically for ease.
Beckton Desalination Plant (Thames Gateway)
Epsom (New Stream)
Haslemere (Sturt Road)
Greys Road Henley
Latton (M. Hampton)
Wantage Manor Road