Notice under regulation 28(4) of the Water Supply (Water Quality) Regulations 2016 (as amended)

Affinity Water Limited – Kingsdown WTW Nitrate (Accelerated Delivery)

Reference: AFW-2023-00002

Version Number: 1

Water undertaker as appointed under section 6 of the Water Industry Act 1991 (as amended): Affinity Water Limited, with registered number 02546950 (hereinafter called ‘the Company’).

Assets Affected:

1. Kingsdown Water Treatment Works – TS309
2. Kingsdown Supply System – Y090

Details of this Notice:

1. The Drinking Water Inspectorate (‘the Inspectorate’) has received a regulation 28(1) report of the Water Supply (Water Quality) Regulations 2016 (as amended) (‘the Regulations’) from the Company dated 1 October 2022 , which states that there is or has been a significant risk of supplying water from Kingsdown Water Treatment Works (and associated assets as applicable) that could constitute a potential danger to human health or could be unwholesome.
2. Consequently, this Notice is served on the Company by the Inspectorate on behalf of the Secretary of State, under regulation 28(4) for the assets listed above, for risks associated with:

Description of Risk	Hazard / Hazardous Event / Parameter	Hazard I D
Elevated concentrations of nitrate in the raw water	Nitrate	AFW-TS309-NA-A012-NITN03

Table 1: Table of the hazards, hazardous events, and/or parameters covered by this Notice, including the Hazard I D numbers and the description of risk

3. The Company are required to satisfy the following requirements.

The date given is that until or by which the requirements must be maintained or satisfied, as appropriate.

Requirements:

(a) To maintain the following measures for the period specified in each case:

1. Online nitrate monitoring with appropriate alarms and failsafe shutdowns.
   Date: Ongoing for the duration of this Notice
2. Weekly sampling of the raw water for nitrate with appropriate escalation and investigation of any deviation from expected results.
   Date: Ongoing for the duration of this Notice

(b) To review, revise or make operational the following measures, by the dates specified in each case:

1. Complete the detailed design of the nitrate treatment plant and award of the full contract for construction of the chosen solution.
   Date: 31 March 2025
2. Complete the construction, installation and commissioning of the chosen solution.
   Date: 31 March 2027

(c) To audit whether the measures have been effective by the following means:

1. Define an audit strategy to monitor the effectiveness of the measures specified in sections (a) and (b).
   Date: 31 August 2023
2. Implement, and keep under continuous review, the audit strategy defined in measure (c)1.
   Date: Following completion of measure (c)1. onwards.

(d) Not to supply water for regulation 4(1) purposes from Kingsdown Water Treatment Works, or not to so supply unless the specified conditions below are satisfied:

1. Not applicable

(e) To provide the following information in the time and manner specified below to enable monitoring of progress towards the mitigation of the risks:

1. Provide a progress report annually.
   Date: by 31 January each year.
2. Provide confirmation of the contract award and detailed design of the chosen solution.
   Date: 30 April 2025
3. Confirm and evidence completion of the construction, installation and commissioning of the chosen solution.
   Date: 30 April 2027
4. Submit the audit strategy for auditing the effectiveness of the measures, as specified in measure (c)1.
   Date: 30 September 2023
5. Submit any revisions of the audit strategy produced under measure (c)2.
   Date: Within 1 month of a revision
6. Submit a report in the event that any completed measures of this Notice need to be altered in any way, for any reason.
   Date: Ongoing for the duration of this Notice
7. Submit a satisfactory completion report accompanied by a revised regulation 28(1) report with Board level Director sign-off.
   Date: 30 April 2028

Further Details of this Notice:

4. Any product or substance used as a result of the requirements in this Notice must comply with regulation 31.
5. Under regulation 28(6) the Inspectorate, on behalf of the Secretary of State, may by notice served on the Company, revoke or vary this Notice.
6. Failure by the Company to comply with this Notice may result in enforcement proceedings under section 18 of the Water Industry Act 1991 (as amended).

Signed

Nicholas Adjei
Deputy Chief Inspector, on behalf of the Secretary of State for Environment, Food and Rural Affairs
03 July 2023
Reference: AFW-2023-00002