WATER INDUSTRY ACT 1991 (AS AMENDED): SECTION 19(1)(b)
THE WELSH MINISTERS
- are satisfied that Hafren Dyfrdwy “the company” in supplying water from the Pendinas Distribution Service Reservoir which has contained exceedences of the standards for Enterococci and is likely to do so again, has contravened its duty in respect of supplying water which meets the Regulations under section 68(1)(a) of the Water Industry Act 1991 and meets the requirement set in regulation 4(2)(c) of the Water Supply (Water Quality) Regulations 2018.
- have notified Hafren Dyfrdwy on 16 February 2021 that the Welsh Ministers are considering making in relation to the company an enforcement order under section 18 of the Water Industry Act 1991.
- note that Hafren Dyfrdwy has on 22 March 2021 given an undertaking under section 19(1)(b)of the Water Industry Act 1991 to take the following steps by the dates shown:
(a) Ensure that the Enterococci, E. coli and total coliform parameters have been assessed as hazards as part of the regulation 27 Risk Assessment for the connected supply system associated with Pendinas DSR distribution system, according to the Drinking Water Safety Plan approach.
Date:Ongoing for the duration of this undertaking
(b) Short term measures:
Date: Ongoing for the duration of this undertaking
- Implement twice weekly enhanced bacteriological sampling and enhanced data assessment.
- Weekly site security inspection visits
- The company will take all reasonable steps to ensure that the prescribed concentrations are not exceeded, and additional steps must be taken to protect public health. If the concentration in any water sample exceeds the maximum concentration the company has agreed with the local Health Protection Unit in the water supply zones listed in the Annex to this Schedule of Works, take all reasonable measures in consultation with the Health Protection Agency to minimise the impact on customers.
- Report regulatory exceedances of the standard for the Enterococci, E. coli and total coliforms parameters to DWI as part of current monthly exception reporting process.
(c) Medium Term measures:
To review, revise or make operational the following measures, by the dates specified in each case:
- Confirmation of the appropriateness of the proposal to rebuild Pendinas service reservoir, to include the scope of proposed works and timescales for delivery.
Date:By 31 March 2021
- Complete construction and commissioning of new service reservoir in line with the defined scope in step (d)1.
Date:By 31 July 2024
- Permanently decommission existing Pendinas service reservoir.
Date:By 31 July 2024
- Define an audit strategy to monitor the effectiveness of the measures specified in section (b) and (c).
Date:By 28 February 2021
- Implement, and keep under continuous review, the audit strategy defined in measure (d)1.
Date:Ongoing for the duration of this undertaking.
Provide a progress report annually (on 31 January and annually) and on completion of
the following milestones;
- Confirm details of the strategy for auditing the effectiveness of the proposed measures in step (d)1
Date:By 31 March 2021
- Confirm the scope of the proposed works and timescales for delivery of step (c)1
Date:By 30 April 2021
- Completion of works to build and commission a new service reservoir at Pendinas, detailed in step (c)2 and completion of works to decommission the existing Pendinas service reservoir, detailed in step (c)3
Date:By 30 August 2024
Whether the company has any other reason to believe it may not be able to meet any of the key dates set out in this Schedule of Work. As required for the duration of this undertaking.
(f) Continue to monitor at an enhanced frequency for E. coli, total coliforms and Enterococci for a period of 12 months following commissioning of any work associated with the Action Plan to demonstrate the effectiveness of the remedial measures taken.
Date:By 31 July 2025
(g) Provide a final report to DWI on the efficacy of the remedial measures taken as part of the Action Plan. Include as evidence of closure for this scheme appropriate documentation to confirm that the actions set out in this Schedule of Work have been taken.
Date:By 31 August 2025
- are satisfied that Hafren Dyfrdwy 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 requirement of regulation 4(2)(c) of the Water Supply (Water Quality) Regulations 2018.
Authorised by the Welsh Ministers to sign in that behalf
Deputy Chief Inspector
Drinking Water Inspectorate
DWI Ref No: HDC-2020-00003
26 March 2021