Water Industry Act 1991 (as amended) (“the Act”): Section 19(1)(b)
The Drinking Water Inspectorate, on behalf of the Welsh Ministers:
- Are satisfied that Dŵr Cymru Cyfyngedig “the Company” may be at risk of breaching Regulation 18 of the Water Supply (Water Quality) Regulations 2018 (“the Regulations”). By virtue of regulation 38, this is enforceable under section 18 of the Water Industry Act 1991 (“the Act”).
- Has notified the Company on 21 June 2022 that the Welsh Ministers are considering making in relation to the company an enforcement order under Section 18 of the Act.
- Notes that the Company has on 20 February 2023 given a new undertaking under Section 19(1)(b) of the Act, to take the following steps by the dates shown.
Steps to be taken:
- Critically Review “Reg 18 19 21 Strategy” document to ensure alignment with the requirements of regulation 18.
Delivery Date: 28 February 2023
- Critically Review and document “PL 3 18 –Regulation 18 Investigations” and all specific procedures referenced within PL 3 18 to ensure alignment with the requirements of regulation 18.
Delivery Date: 28 February 2023
- Ensure all relevant staff understand the requirements of the reviewed documentation set out in Steps 1 and 2 and the requirements of Regulation 18
Delivery Date: 31 March 2023
- In accordance with the documented strategy and procedures set out in steps 1 and 2 the company undertake to take all reasonable steps to be able to demonstrate that where the water fails, or is likely to fail to satisfy regulation 4(2); or is regarded as unwholesome by virtue of regulation 4(4); or if regulation 4(6) were ignored, would be regarded as unwholesome by virtue of regulation 4(5) it has taken immediate steps as necessary to identify the matters. The matters referred to are; the cause or extent of the failure or, as the case maybe, the apprehended failure; the schedule 1 parameters in respect of which the prescribed concentration or value has not been, or is unlikely to be, achieved.
Delivery Date: Ongoing for the duration of this Undertaking
- In all instances where the water fails or is likely to fail to satisfy regulation 4(2); or is regarded as unwholesome by virtue of regulation 4(4) the company undertake to obtain a representative sample in accordance with the documented strategy and procedures set out in steps 1 and 2, unless in unforeseen circumstances.
Delivery Date: Ongoing for the duration of this undertaking
- Provide a report on the outcome of the critical review of the documents in steps 1 and 2 including copies of the specific strategy and procedures referenced in steps 1 and 2.
Delivery Date: by 31 March 2023
- Provide a progress report annually to include but not limited to any amendments to the documents in steps 1 and 2 and a report on the training given to relevant staff in step 3.
Delivery Date: by 31 January each year for the duration of the undertaking
- Provide copies of any amendments to the documents in steps 1 and 2 that are amended under this undertaking, providing a date of when the new procedure took effect.
Delivery Date: Within 1 month of amendment
- Provide a closure report on the undertaking, to include a summary of compliance with documents in steps 1 and 2. In instances where compliance with the documented procedures has not been achieved a summary of the unforeseen circumstance, and mitigating factors related to the non-compliance. The report should also detail any policy or structural changes that have been made within the company to achieve the undertaking. The report should also cover how compliance with regulation 18 will be managed after the undertaking.
Delivery Date: 31 March 2024
Further Details of this Acceptance Notice:
- The Welsh Ministers are satisfied that Dŵr Cymru Cyfyngedig has given and is complying with an undertaking to take all such steps as appear to the Welsh Ministers for the time being to be appropriate to secure or facilitate compliance with the requirements of the Regulation 18 of the Water Supply (Water Quality) Regulations 2018 (“the Regulations”).
Authorised by the Welsh Ministers to sign in that behalf
Deputy Chief Inspector, Drinking Water Inspectorate
24 February 2023