Notice of Regulation: Brighton Catchment

THE WATER SUPPLY (WATER QUALITY) REGULATIONS 2016 (AS AMENDED)

NOTICE UNDER REGULATION 28(4)

SOUTHERN WATER : Brighton Catchment

Site references and names:
CS044 Newmarket B Catchment, CS039 Newmarket C Catchment, CS038 Housedean Catchment, Lewes Road Water Supply Works, CS033 Patcham Catchment, CS032 Goldstone Catchment, CS031 Mile Oak Catchment, CS030 Shoreham Catchment, CS008 Steyning Catchment.

Supply System references and names:
Y007 Sussex East (all except Steyning Water Supply Works).
Y008 Sussex North (Steyning Water Supply Works).

DWI Reference number: SRN-2018-00007

THE SECRETARY OF STATE:

  1. has on 28 December 2017 received a report from Southern Water (the “Company”) dated 28 December 2017 (the “Report”) which states that there is or has been a significant risk of supplying water from Brighton Catchment that could constitute a potential danger to human health.
  2. 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:

Catchment Management

For risks associated with:

  • Nitrate

Requirements

(a) to maintain the following measures for the period specified.

  1. Carry out enhanced raw water Nitrate concentration monitoring, to include the monitoring of all high risk raw water sources and associated final waters (where treatment or blending are in place) to supplement the current regulatory treated water monitoring.
    Date: For the duration of the Notice.
  2. Nitrate exceedance prediction models will be regularly updated and nitrate will be assessed as a hazard as part of the Regulation 27 risk assessment for the supply system, according to a Drinking Water Safety Planning approach.
    Date: For the duration of the Notice.

(b) to review, revise and/or make operational the following measures, by the dates specified below:

  1. Catchment walkovers and investigations into potential sources of nitrate (urban and rural).
    Date: By 31 March 2021.
  2. Catchment management opportunity mapping – to identify potential useful measures, given the issues identified in the investigations.
    Date: By 31 March 2022.
  3. Farmer / landowner / stakeholder identification, liaison and initial engagement – plan for shared activities to be devised.
    Date: By 31 March 2023.
  4. Baseline soils nitrate monitoring and data gathering on historic crops and fertiliser applications – where appropriate and possible (landowner/farmer dependent).
    Date: By 31 March 2023.
  5. Targeted water company funded trial(s) to reduce nitrate – if appropriate and where possible (landowner / farmer dependent).
    Date: By 31 March 2025.
  6. Farmer engagement for longer term nitrate measures roll out in AMP8.
    Date: By 31 March 2025.

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

  1. Keep under review the enhanced monitoring strategy for nitrate.
    Date: For the duration of the Notice.
  2. Report all exceedances of the nitrate parameter at the customer tap to the Local Authority and Health Protection team and agree further additional steps to protect public health as appropriate.
    Date: For the duration of the Notice.
  3. Report all regulatory exceedances of the standards for the nitrate parameter at the customer tap to DWI as part of current monthly exception reporting process.
    Date: For the duration of the Notice.

(d) 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 risk of supplying water that would constitute a potential danger to human health:

  1. Provide a progress report annually by 31 January and against the following milestones:
    Date: For the duration of the Notice
    • Submit a report detailing the programme including confirmation of delivery timescale, completion dates, and all interim steps.
      Date: By 30 April 2020.
    • Submit reports detailing characterisation for each source.
      Date: By 31 March 2021.
    • Submit reports detailing action plan for potential rural trials and measures for AMP7, potential effectiveness estimations under different uptake scenarios in AMP8.
      Date: By 31 March 2022.
    • Submit report detailing AMP8 Action Plan including longer term rural and urban (where appropriate) measures and update effectiveness projections.
      Date: By 31 March 2025.
  2. Review the risk assessment for Brighton Catchment as required by Regulation 27(3) and subsequently submit a revised regulation 28 report accompanied by a signed board level declaration.
    Date: From time to time; and by 30 April 2026.
  3. Submit a satisfactory completion report.
    Date: By 30 April 2026.

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
Milo Purcell
Deputy Chief Inspector
26 March 2019
DWI ref: LI/SRN/2018/00007
Version 1

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