Notice of Regulation: Byrness Water Treatment Works


Northumbrian Water Limited: Byrness Treatment Works Treatment and Control Upgrades

Reference: NES-2021-00005

Water undertaker as appointed under section 6 of the Water Industry Act 1991 (as amended): Northumbrian Water Limited, with registered number 02366703 (hereinafter called ‘the Company’).

Assets affected:
Byrness Treatment works (T0700317)
Byrness Village (Z0015067)

  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 15 December 2020, which states that there is or has been a significant risk of supplying water from Byrness Treatment Works (and associated assets) that could constitute a potential danger to human health and 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:



Hazard ID


E. coli

Total Coliforms


Clostridia perfringens














  1. The Company are required to satisfy the following:


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

  1. Ensure any alternative water supply to the Byrness Village zone is supplied in line with recognised technical guidance and in accordance with the principles of Water Hygiene.
    Date: Ongoing and for the duration of the Notice.
  2. Continue to collect and analyse water quality samples from Byrness treated water tank and the distribution network as operationally required and as part of the company’s compliance monitoring programme.
    Date: Ongoing and for the duration of the Notice.
  3. Ensure the existing online water quality monitoring and control and shutdown system at Byrness treatment works is operational and is maintained in accordance with document schedules and procedures.
    Date: Ongoing and for the duration of the Notice.
  4. Continuously review the Drinking Water Safety Plans for Byrness treatment works ensuring all risks and control measures are captured, and changes to risk scores submitted on a monthly basis as appropriate.
    Date: Ongoing and for the duration of the Notice.

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

  1. Undertake a review of the telemetry, alarm management control and water quality shut down systems and identify any remedial measures required to prevent unwholesome water leaving Byrness treatment works.
    Date: Complete
  2. Design, develop and implement the remedial measures identified in (b)1.
    Date: 31 January 2023
  3. Conduct a review into the catchment risks and additional treatment options to mitigate Cryptosporidium risks at Byrness treatment works and confirm any additional mitigations required.
    Date: Complete
  4. Design, develop and implement the additional treatment required at Byrness Treatment Works in (b)3.
    Date: Complete

(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 section (a) and (b).
    Date: Complete
  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 Byrness Treatment Works, unless the specified conditions below are satisfied:

  1. Until an appropriate control configuration, alarm management and water quality shutdown system is implemented at Byrness treatment works (T0700317) to prevent the supply of unwholesome water to consumers.
    Date: Ongoing until completion of (b)2 and 4.

(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 by 31 January and against the following milestones:
    Date: Annually by 31 January
    • Provide a report detailing the outcome of the review in (b)1 and provide confirmation of required remedial measures.
      Date: Complete
    • Provide a report confirming completion of remedial measures in (b)2.
      Date: 28 February 2023
    • Provide a report detailing the outcome of the review in (b)3 and provide confirmation of required remedial measures.
      Date: Complete
    • Provide a report confirming completion of remedial measures in (b)4.
      Date: Complete
  2. Submit the strategy for auditing the effectiveness of the measures, as specified in (c)1.
    Date: 31 January 2022
  3. Submit any revisions of the audit strategy produced under measure (c)2.
    Date: Within 1 month of a revision
  4. Submit a report in the event that any completed measure of this Notice needs to be altered in any way for any reason.
    Date: Ongoing for the duration of this Notice
  5. Submit a satisfactory completion report accompanied by a revised regulation 28(1) report with Board level Director sign-off.
    Date: 28 February 2024

  1. Any product or substance used as a result of the requirements in this Notice must comply with regulation 31.
  2. 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.
  3. 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).
  4. Contravention of a regulation 28(4)(d) requirement is an offence under regulation 33(1). If guilty of such an offence, the Company is liable on summary conviction, or on conviction on indictment, to a fine. Under regulation 33(2) it is a defence for the Company to show that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

Nicholas Adjei
Deputy Chief Inspector, on behalf of the Secretary of State for Environment, Food and Rural Affairs
06 December 2022
Reference: NES-2021-00005
Version 4

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