S.I. No. 99/2023 - European Union (Drinking Water) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th March, 2023.

CONTENTS

Regulation
PART 1
PRELIMINARY AND GENERAL
1. Citation
2. Interpretation
3. Exemptions
PART 2
OBLIGATIONS IN RELATION TO WATER
4. General obligations
5. Assessment of water leakage
6. Quality standards
7. Point of compliance
8. Duties in relation to water on premises
PART 3
RISK
9. Risk-based approach to water safety
10. Risk assessment and risk management of catchment areas for abstraction points of water intended for human consumption
11. Risk assessment and risk management of supply system
12. Risk assessment of domestic distribution systems
PART 4
MONITORING AND INFORMATION
13. Monitoring
14. Information to members of the public
15. Protection of human health
16. Information on monitoring of implementation
17. Remedial action and restrictions of use
18. Derogations
PART 5
MINIMUM REQUIREMENTS
19. Minimum hygiene requirements for materials that come into contact with water intended for human consumption
20. Minimum requirement for treatment chemicals and filter media that come into contact with water intended for human consumption
21. Access to water intended for human consumption
PART 6
AUTHORISED OFFICERS
22. Authorised officers
23. Powers of authorised officers
PART 7
PENALTIES AND PROSECUTIONS
24. Penalties and prosecutions
25. Offences in relation to water
26. Offences by bodies corporate
PART 8
SUPERVISORY AUTHORITIES
27. Directions of supervisory authorities
28. Guidelines: practical guidance for water suppliers and supervisory authorities
29. Charges by supervisory authorities
30. Intervention, and performance verification, by supervisory authority
31. Injunctive relief
PART 9
FINAL PROVISIONS
32. Service of directions
33. Information sharing
34. Transitional provisions
35. Revocations
SCHEDULE 1
MINIMUM REQUIREMENTS FOR PARAMETRIC VALUES USED TO ASSESS THE QUALITY OF WATER INTENDED FOR HUMAN CONSUMPTION
Table A
Microbioloical paramaters
Table B
Chemical Parameters
Table C
Indicator parameters
Table D
Parameters relevant for the risk assessment of domestic distribution systems
SCHEDULE 2
MONITORING
Part 1
General objectives and monitoring programmes for water intended for human consumption
Part 2
Parameters and sampling frequencies
Part 3
Risk assessment and risk management of the supply system
Part 4
Sampling methods and sampling points
SCHEDULE 3
SPECIFICATIONS FOR THE ANALYSIS OF PARAMETERS
Part 1
Microbiological parameters for which methods of analysis are specified
Part 2
Chemical and indicator parameters for which performance characteristics are specified
SCHEDULE 4
INFORMATION TO THE PUBLIC
SCHEDULE 5
PRINCIPLES FOR SETTING METHODOLOGY REFERRED TO IN REGULATION 19
SCHEDULE 6
SOURCE PROTECTION

I, DARRAGH O’ BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000¹ and Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020² , hereby make the following regulations:

PART 1 PRELIMINARY AND GENERAL

Citation

1.

Interpretation

2.

“authorised officer” means a person appointed under Regulation 22 for the purposes of these Regulations;

“composition” means the chemical composition of a metal, enamel, ceramic or other inorganic material;

“CRU” means the Commission for Regulation of Utilities;

“digital means” means an internet website (including part of such a website), social media or application—

• (a) to which access is readily available by members of the public, and

• (b) where anything published is readily available for inspection by members of the public;

“Directive” means Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020² on the quality of water intended for human consumption (recast);

“distribution network” means that part of a supply system consisting of the system of pipes and tanks operated by a water supplier that store and convey drinking water from a water treatment works to a domestic distribution system;

“domestic distribution system” means the pipework, fittings and appliances, within the curtilage of a premises, which are installed between the distribution network and the taps in the premises that are normally used for the provision of water for human consumption in both public and private premises and the distribution network, but only if they are not the responsibility of the water supplier;

“EPA” means the Environmental Protection Agency;

“food business” has the meaning given to it in point (2) of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002³ ;

“food business operator” has the meaning given to it in Regulation 3(6);

“FSAI” means the Food Safety Authority of Ireland;

“GSI” means the Geological Survey Ireland;

“hazard” means a biological, chemical, physical or radiological agent in water, or another aspect of the condition of water, with the potential to cause harm to human health;

“hazardous event” means an event that introduces hazards into, or fails to remove them from, the supply system of water intended for human consumption;

“HSE” means the Health Service Executive;

“ISO” means the International Organisation for Standardisation;

“local authority” means a local authority within the meaning of section 2 of the Local Government Act 2001 (No 37 of 2001);

“Minister” means the Minister for Housing, Local Government and Heritage;

“monitoring”, in respect of drinking water, includes its auditing, inspection, measurement, sampling or analysis, whether periodic or continuous during a period of time;

“owner” means, in relation to a premises, a person, other than a mortgagee not in possession, who, whether in that person’s own right or as a trustee or agent for any other person, is entitled to receive the rent of the premises or, where the premises are not let at a rent, would be so entitled if they were so let;

“point of compliance” shall be construed in accordance with Regulation 7;

“point of supply” means the point, typically at the outer edge of the curtilage of a premises, where a water distribution network ends and a domestic distribution system begins;

“premises” includes any building, structure or land (whether or not there are structures on the land), and any plant or related accessories on or under such land, or any hereditament of tenure, together with any outbuildings and curtilage;

“priority premises” means a large non-household premises with many users potentially exposed to water-related risks and includes, in particular, a large premises for public use, as identified by the water suppliers, in consultation with a supervisory authority, from time to time;

“private water supply” means a water supply, other than a public water supply;

“public water supply” means a water supply which is in the charge or ownership of Uisce Éireann or any person acting jointly with it, or on its behalf, under a service level agreement or contract;

“Regulations of 2003” means the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 );

“risk point” means an outlet or tap fitting in a domestic distribution system where a sample of water may be taken by the property owner, or occupier, to test for—

• (a) proliferation of Legionella, and

• (b) the water’s suitability for human consumption and compliance with these Regulations;

“source protection agencies” means those agencies or organisations that have been allocated a role in the risk assessment and risk management of the catchment areas for abstraction points of water intended for human consumption by these Regulations;

“starting substance” means a substance that has been intentionally added in the production of organic materials or of admixtures for cementitious materials;

“supervisory authority” means—

• (a) in the case of water intended for human consumption supplied by Uisce Éireann or any person acting jointly with it or on its behalf, the EPA,

• (b) in the case of water intended for human consumption supplied by any other person—

• (i) the local authority in whose functional area the water is supplied, or

• (ii) the local authority otherwise designated under Regulation 13(4), and

• (c) in the case of maritime vessels, the EPA;

“supply system” means the infrastructure required for the abstraction, treatment, storage, and distribution of water intended for human consumption to the point of supply as provided, and maintained, by the water supplier;

“watch list” means the watch list as established, and updated, by the European Commission in accordance with Article 13(8) of the Directive;

“water intended for human consumption” means all water—

• (a) either in its original state or after treatment, intended for drinking, cooking, food preparation or other domestic-type purposes in both public and private premises, regardless of its origin and whether it is supplied from a distribution network, from a private source, supplied from a tanker or similar means, and

• (b) used in any food business for the manufacture, processing, preservation or marketing of products or substances intended for human consumption,

other than—

• (i) natural mineral waters, within the meaning of the European Union (Natural Mineral Waters, Spring Waters and Other Waters in Bottles or Containers) Regulations 2016 ( S.I. No. 282 of 2016 ),

• (ii) waters which are medicinal products within the meaning of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 ⁴ ,

• (iii) an exempted supply, or

• (iv) water supplied in bottles or containers;

“water supplier”, as the context so requires, means any person supplying water intended for human consumption and includes the following:

• (a) Uisce Éireann;

• (b) a private water supplier;

“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000¹ establishing a framework for Community action in the field of water policy.

• (2) A word or expression that is used in these Regulations and that is also used in the Directive or the Water Framework Directive has, unless the contrary intention appears, the same meaning in these Regulations as in those Directives.

Exemptions

3.

• (a) this Regulation,

• (b) Regulations, 4, 5, 6, 7, 13, 17 and 18, and

• (c) the relevant Schedules.

• (2) For the purpose of these Regulations, a supply of water shall be exempted where the supply—

• (a) (i) constitutes an individual supply of less than 10 cubic metres a day on average or serves fewer than 50 persons, and

• (ii) is not supplied as part of a commercial or public activity, or

• (b) is used exclusively for purposes in respect of which the relevant supervisory authority is satisfied that the quality of the water has no influence, either directly or indirectly, on the health of the consumers concerned.

• (3) Subject to paragraph (4), these Regulations shall not apply to a food business operator with its own water supply, in relation to the water used for the specific purposes of the food business, where—

• (a) the FSAI, or

• (b) an official agency of the FSAI carrying out functions under a service contract pursuant to section 48 of the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998),

is satisfied that—

• (i) the quality of the water supply cannot affect the safety of the foodstuff in its finished form, and

• (ii) the water supply of the food business complies with relevant obligations, in particular under the procedures on hazard analysis and critical control point principles, where applicable, and remedial actions under relevant legislation on food.

• (4) The exemption in paragraph (3) shall come into operation on 13 January 2026 and shall apply on and after that date.

• (5) Maritime vessels that desalinate water, carry passengers and act as water suppliers shall only be subject to Regulations 4 to 7, 11 to 13 and 17 and any relevant Schedule.

• (6) In this Regulation, “food business operator” has the meaning given to it in point (3) of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002³ ;

PART 2 OBLIGATIONS IN RELATION TO WATER

General obligations

4.

• (a) wholesome and clean,

• (b) does not present a risk to human health, and

• (c) meets the requirements of these Regulations.

• (2) For the purposes of paragraph (1), water shall be regarded as wholesome and clean where—

• (a) it is free from any micro-organisms and parasites,

• (b) it is free from any substances which in numbers, or concentrations, constitute a potential danger to human health,

• (c) it meets the quality standards set out in Tables A, B and D in Schedule 1, and

• (d) the water supplier concerned has taken all measures necessary to comply with Parts 2 to 4.

• (3) A person, in respect of a supply of water which is intended for human consumption, shall not act in a manner that deliberately or carelessly poses a risk to human health.

• (4) Measures taken by a supervisory authority or a water supplier to apply the provisions of these Regulations are based on the precautionary principle and shall not allow, directly or indirectly, either—

• (a) any deterioration in the existing quality of water intended for human consumption, so far as that is relevant for the protection of human health, or

• (b) any deterioration in the existing quality of waters used for the production of drinking water.

• (5) Each water supplier shall take measures, in accordance with guidelines made, and published, by the EPA under Regulation 28, to notify the population served by an exempted supply of—

• (a) the fact that these Regulations do not apply to such supply, and

• (b) action that can be taken to protect human health from the adverse effects resulting from any contamination of water intended for human consumption.

• (6) Where it is apparent to a water supplier that a potential danger to human health arises from the quality of an exempted supply, it shall, in accordance with guidelines mentioned in paragraph (5), ensure that the consumers of that supply are given appropriate advice promptly.

• (7) A person that fails to comply with paragraph (1), (5) or (6) commits an offence.

• (8) A person that contravenes paragraph (3) commits an offence.

Assessment of water leakage

5.

• (a) undertake an assessment of water leakage levels within their distribution network, and

• (b) evaluate the potential for improvements in water leakage reduction within their distribution network,

using the infrastructural leakage index (ILI) rating method or another appropriate method.

• (2) The assessment, referred to in paragraph (1)—

• (a) shall take into account relevant public health, environmental, technical and economic aspects for all water suppliers—

• (i) supplying not less than 10,000 cubic metres of water per day, or

• (ii) serving not less than 50,000 people,

and outline any action plans necessary for the purpose of reducing the water leakage rate, and

• (b) shall be evaluated by—

• (i) the CRU for economic criteria, and

• (ii) the EPA for other relevant criteria,

with the EPA approving, in writing, the assessment in relation to the preparation and implementation of action plans for the purposes of reducing the water leakage rate.

• (3) Not later than two years after the date of adoption by the European Commission of the delegated act referred to in the third subparagraph of Article 4(3) of the Directive, where a leakage rate exceeding the threshold set out in the delegated act exists, the water supplier concerned shall present an action plan to the CRU and the EPA laying down a set of measures to be taken in order to reduce the leakage rate and such action plan, on approval of the EPA, shall be transmitted by the EPA to the European Commission.

• (4) A water supplier that fails to undertake an assessment of water leakage, required under this Regulation, commits an offence.

Quality standards

6.

• (2) The parametric values mentioned in paragraph (1), or set by the Minister under paragraph (4), shall not be less stringent than those set out in Tables A to D in Schedule 1.

• (3) As regards the parameters set out in Table C in Schedule 1, the values are solely for monitoring purposes and to ensure that the requirements set out in Regulation 17 are met.

• (4) The Minister, following consultation with—

• (a) the EPA,

• (b) the HSE

• (c) the water supplier concerned, and

• (d) any organisation, or person, that the Minister considers appropriate having regard to all the circumstances,

may set values for additional parameters not set out in Schedule 1, where the protection of human health within the State or part of it so requires and these values set shall, at a minimum, satisfy the requirements of Regulation 4.

Point of compliance

7.

• (a) set in accordance with Regulation 6, and

• (b) set out in Schedule 1,

measurement of compliance with the parametric values set out in Tables A and B in Schedule 1 shall be made in the case of the following:

• (i) water intended for human consumption supplied from a distribution network or a private source, at the point within a premises at which it emerges from the tap or taps that are normally used for the provision of water for human consumption (in these Regulations referred to as the point of compliance);

• (ii) water supplied by tanker or similar means, at the point at which it emerges from it;

• (iii) risk points in a domestic distribution system;

• (iv) water intended for human consumption used in a food business, at the point at which the water is used in that business.

Duties in relation to water on premises

8.

• (2) The owner of a premises to which water is supplied for human consumption as part of a commercial or public activity including, but not limited to, priority premises, shall maintain the domestic distribution system of the premises in such a condition that it does not cause, contribute to, or give rise to a risk of non-compliance of that water with a parametric value specified in—

• (a) Tables A to C, or

• (b) where there is a risk to public health, Table D,

in Schedule 1.

• (3) In a case of non-compliance referred to in paragraph (1), where there is a risk that water intended for human consumption covered by paragraph (2) would not comply with the parametric values mentioned in Regulation 6(1), the water supplier concerned may issue a direction, or advice, that—

• (a) (i) appropriate measures are taken to reduce or eliminate the risk of non-compliance with the parametric values, including advising the property owners concerned—

• (I) of any possible remedial action which could be taken by them, and

• (II) if necessary, that other measures such as appropriate treatment techniques are taken to change the nature of the properties of the water before it is supplied so as to reduce or eliminate the risk of the water not complying with the parametric values after supply, and

• (ii) other measures are taken, such as application of appropriate treatment techniques, to change the nature or properties of the water before it is supplied so as to reduce or eliminate the risk of the water not complying with the parametric value after supply, and

• (b) the consumers concerned are duly informed and advised of any possible additional remedial action that should be taken by them.

• (4) A person that—

• (a) fails to comply with paragraph (2), or

• (b) fails to comply with a direction issued under paragraph (3),

commits an offence.

PART 3 RISK

Risk-based approach to water safety

9.

• (2) The risk-based approach mentioned in paragraph (1) shall entail the following elements:

• (a) risk assessment and risk management of the catchment areas for abstraction points of water intended for human consumption in accordance with Regulation 10;

• (b) risk assessment and risk management for each supply system that includes the abstraction, treatment, storage and distribution of water intended for human consumption to the point of supply carried out by the water suppliers in accordance with Regulation 11;

• (c) risk assessment of the domestic distribution systems in accordance with Regulation 12.

• (3) The implementation of the risk-based approach, mentioned in paragraph (1), may be adapted without compromising the objective of these Regulations concerning the quality of water intended for human consumption and the health of consumers, when there are particular constraints due to geographical circumstances such as remoteness or limited accessibility of the water supply zone.

• (4) The risk assessment and risk management of the catchment areas for abstraction points of water intended for human consumption shall be carried out by the water supplier concerned for the first time not later than 12 July 2027.

• (5) The risk assessment and risk management, mentioned in paragraph (4), shall be reviewed at regular intervals of not greater than six years, taking account of the requirements provided for in Regulation 10, and updated where necessary.

• (6) The risk assessment and risk management of each supply system shall reflect the water safety plan approach set out in the World Health Organisation Guidelines and shall—

• (a) be carried out for the first time not later than 12 January 2029, and

• (b) be reviewed by the water supplier at regular intervals of not less than 6 years and updated where necessary.

• (7) The EPA may review and assess the risk assessment and risk management, carried out under paragraph (6), including drinking water safety plans prepared by water suppliers, and provide feedback thereon to the water supplier concerned.

• (8) A water supplier shall ensure that the corrective actions recommended in the risk assessment and risk management, including any feedback received under paragraph (7), are undertaken.

• (9) The risk assessment of the domestic distribution systems shall be carried out for the first time not later than 12 January 2029 and that risk assessment shall be reviewed not later than each 6 years occurring after the anniversary of that date and updated where necessary.

Risk assessment and risk management of catchment areas for abstraction points of water intended for human consumption

10.

• (a) all bodies of water used for the abstraction of water intended for human consumption providing more than 10 cubic metres a day as an average or serving more than 50 persons;

• (b) those bodies of water intended for such future use.

• (2) For each body of water identified under paragraph (1), in addition to meeting the objectives of Article 4 of the Water Framework Directive for surface water bodies including the quality standards established at European Union level under Article 16 of the Water Framework Directive, a water supplier shall ensure that under the water treatment regime applied, and in accordance with Community legislation, the resulting water will meet the requirements of these Regulations.

• (3)
• (a) Without prejudice to Articles 4 to 8 of the Water Framework Directive, the source protection agencies, identified in Schedule 6, shall ensure that risk assessment and risk management of the catchment areas for abstraction points of water intended for human consumption are carried out.

• (b) The Minister shall, not later than 12 months after the date of the coming into operation of these Regulations, publish guidelines, on a website maintained by the Minister, outlining the required coordinated approach, including the respective roles, and responsibilities, of the supervisory authorities and Uisce Éireann, to the State’s obligations under the Directive and the Water Framework Directive for the protection of drinking water.

• (4) The source protection agencies shall ensure that the risk assessment, mentioned in paragraph (1), includes the following elements:

• (a) characterisation of the catchment areas for abstraction points including the following:

• (i) identification and mapping of the catchment areas for abstraction points;

• (ii) mapping of the safeguard zones, where those zones have been established in accordance with Article 7(3) of the Water Framework Directive;

• (iii) geo-references for all abstraction points in the catchment areas; given that those data are potentially sensitive, in particular in the context of public health and public security, the source protection agencies shall ensure that such data are protected and communicated only to the relevant authorities and water suppliers;

• (iv) description of land-use, runoff and recharge processes in the catchment areas for abstraction points;

• (b) identification of hazards and hazardous events in the catchment areas for abstraction points and an assessment of the risk they could pose to the quality of water intended for human consumption; that assessment shall assess potential risks that might cause deterioration of the water quality to the extent that it could constitute a risk to human health;

• (c) appropriate monitoring in surface water or groundwater, or both, in the catchment areas for abstraction points, or in raw water, of relevant parameters, substances or pollutants selected from the following:

• (i) parameters set out in Tables A and B in Schedule 1 or set in accordance with Regulation 6;

• (ii) groundwater pollutants in Schedule 4 to the European Communities Environmental Objectives (Groundwater) Regulations 2010 ( S.I. No. 9 of 2010 ), and pollutants and indicators of pollution for which threshold values have been established by the State in accordance with Schedule 6 to those Regulations;

• (iii) priority substances and certain other pollutants in—

• (I) Table 11 (amended by Regulation (16) of the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015 ( S.I. No. 386 of 2015 )), and

• (II) Table 12 (amended by Regulation 4 of the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2019 ( S.I. No. 77 of 2019 )),

in Schedule 6 to the European Union Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 );

• (iv) river basin specific pollutants in—

• (I) Table 7, and

• (II) Table 10,

in Schedule 5 to the European Union Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 );

• (v) other pollutants relevant for water intended for human consumption established by the State on the basis of the information collected in accordance with paragraph (2);

• (vi) naturally occurring substances that could constitute a potential danger for human health through use of water intended for human consumption;

• (vii) substances and compounds included in the watch list.

• (5) For the purposes of paragraph (4), reliance may be placed on information collected in accordance with this Regulation and Articles 5 and 7 of the Water Framework Directive.

• (6) For the purposes of paragraph (4), reliance may be placed on the review of the impact of human activity undertaken in accordance with Regulation 10 of these Regulations and Article 5 of the Water Framework Directive and information on significant pressures—

• (a) collected for the purpose of points 1.4 and 1.5 of Annex II to the Water Framework Directive, and

• (b) in articles 10A to 10K (inserted by Regulation 10 of the European Union (Water Policy) (Amendment) Regulations 2022 ( S.I. No. 166 of 2022 )) of the Regulations of 2003 ( S.I. No. 722 of 2003 )).

• (7) The source protection agencies shall select from paragraph (4)(c)(i) to (vii) the parameters, substances or pollutants that are considered relevant for monitoring in light of the hazards and hazardous events identified under paragraph (4)(b) or in light of the information provided by the water suppliers in accordance with paragraph (6).

• (8) For the purpose of appropriate monitoring as referred to in paragraph (4)(c), including to detect new substances that are harmful to human health through use of water intended for human consumption, source protection agencies may use the monitoring performed in accordance with Regulation 10 of these Regulations, Articles 7 and 8 of the Water Framework Directive or other legislation of the State, relevant to the catchment areas for abstraction points.

• (9) Water suppliers that perform monitoring in the catchment areas for abstraction points or in raw water shall be required to share that data with, and when required inform, the supervisory authorities of trends in, and of unusual numbers or concentrations of, monitored parameters, substances or pollutants.

• (10) On the basis of the outcome of the risk assessment carried out in accordance with paragraph (4), the source protection agencies shall ensure that the following risk management measures to prevent or control the risks identified are taken as relevant, starting with the preventive measures:

• (a) defining and implementing preventive measures in the catchment areas for abstraction points in addition to the measures foreseen or taken in a accordance with paragraph 4 of Schedule 2 to the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 ), where required to safeguard the quality of the water intended for human consumption; where appropriate, those preventive measures shall be included in the programmes of measures referred to in article 12 of the Regulations of 2003; where appropriate, the source protection agencies shall ensure that polluters, in cooperation with water suppliers and other relevant stakeholders, take such preventive measures in accordance with the Water Framework Directive;

• (b) defining and implementing mitigation measures in the catchment areas for abstraction points in addition to the measures foreseen or taken in accordance with paragraph 4 of Schedule 2 to the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 ), where required to safeguard the quality of the water intended for human consumption; where appropriate, those mitigation measures shall be included in the programmes of measures referred to in article 12 of the Regulations of 2003; where appropriate, the source protection agencies shall ensure that polluters, in cooperation with water suppliers and other relevant stakeholders, take such mitigation measures mentioned in the Water Framework Directive;

• (c) ensuring appropriate monitoring of parameters, substances or pollutants in surface water or groundwater, or both, in the catchment areas of abstraction points, or in raw water, that could constitute a risk to human health through water consumption or lead to unacceptable deterioration of the quality of water intended for human consumption and that have not been taken into consideration in the monitoring performed in accordance with Regulation 10 of these Regulations and article 10 of the Regulations of 2003; where appropriate, this monitoring shall be included in the monitoring programmes referred to in article 10 of the Regulations of 2003;

• (d) evaluation of the need to establish or adapt safeguard zones for groundwater and surface water, as referred to in Article 7(3) of the Water Framework Directive, and any other relevant zones.

• (11) The detailed description of the roles and responsibilities of the source protection agencies, under Schedule 6, may be further outlined in guidelines which shall –

• (a) be made by the Minister, and published on a website maintained by him and her, not later than 12 months of the date of the coming into operation of these Regulations, and

• (b) ensure that the effectiveness of any measures referred to in paragraph (10) are reviewed at appropriate intervals.

• (12) Source protection agencies shall ensure that water suppliers and supervisory authorities have access to the information referred to in paragraphs (4) and (9) and, in particular, relevant water suppliers shall have access to the monitoring results obtained under paragraph (4)(c).

• (13) On the basis of the information referred to in paragraphs (4) and (9) —

• (a) water suppliers may be required by the relevant supervisory authority from time to time to perform additional monitoring or treatment of certain parameters, and

• (b) subject to appropriate monitoring of the parameters concerned being performed when reviewing the risk assessment and risk management of the catchment areas for abstraction points, in accordance with Regulation 9(4), the relevant supervisory authority may allow water suppliers to decrease the monitoring frequency of a parameter, or to remove a parameter from the list of parameters to be monitored by the water supplier in accordance with Regulation 13(2)(a), without being required to carry out a risk assessment of the supply system, provided that—

• (i) the parameter is not a core parameter within the meaning of point 1 of Part 2 of Schedule 2, and

• (ii) no factor that can be reasonably anticipated is likely to cause deterioration of the quality of water intended for human consumption.

• (14) Where a water supplier is allowed to decrease the monitoring frequency of a parameter or remove a parameter from the list of parameters to be monitored, as referred to paragraph (13), the supervisory authority shall ensure that appropriate monitoring of those parameters is performed when reviewing the risk assessment and risk management of the catchment areas for abstraction points, in accordance with Regulation 9(4) and (5).

Risk assessment and risk management of supply system

11.

• (a) 10 cubic metres, or greater, per day as an average, or

• (b) serving 50, or more, persons.

• (2) A water supplier shall ensure that the risk assessment of the supply system mentioned in paragraph (1)—

• (a) takes into account the results of the risk assessment and risk management of the catchment areas for abstraction points carried out in accordance with Regulation 10,

• (b) includes a description of the supply system from the abstraction point, treatment, storage and distribution of water to the point of supply, and

• (c) identifies the hazards and hazardous events in the supply system and includes an assessment of the risks they could pose to human health through use of water intended for human consumption, taking into consideration risks stemming from climate change, leakage and leaking pipes.

• (3) On the basis of the outcome of the risk assessment carried out in accordance with paragraph (2), the water supplier shall ensure that the following risk management measures are taken:

• (a) defining and implementing control measures for the prevention and mitigation of the risks identified in the supply system that could compromise the quality of water intended for human consumption;

• (b) defining and implementing control measures in the supply system in addition to the measures foreseen or taken in accordance with Regulation 10(10) or article 12 of the Regulations of 2003, for the mitigation of risks coming from the catchment areas for abstraction points that could compromise the quality of water intended for human consumption;

• (c) implementing a supply-specific operational monitoring programme in accordance with Regulation 13;

• (d) where disinfection forms part of the preparation or distribution of water intended for human consumption, that the following are ensured:

• (i) that the efficiency of the disinfection applied is validated;

• (ii) that any contamination from disinfection by-products is kept as low as possible without compromising the disinfection;

• (iii) that any contamination from treatment chemicals is kept as low as possible;

• (iv) that any substances remaining in the water do not compromise the fulfilment of the general obligations set out in Regulations 4 and 5;

• (e) verifying that materials, treatment chemicals and filter media that come into contact with water intended for human consumption used in the supply system comply with Regulations 19 and 20.

• (4) On the basis of the outcome of the risk assessment of the supply system carried out in accordance with paragraph (2), the supervisory authority shall—

• (a) allow the possibility of decreasing the monitoring frequency of a parameter or of removing a parameter from the list of parameters to be monitored, other than for the core parameters referred to in point 1 of Part 2 of Schedule 2, if the supervisory authority is satisfied that to do so would not compromise the quality of water intended for human consumption—

• (i) on the basis of the occurrence of a parameter in raw water, in accordance with the risk assessment of the catchment areas for abstraction points as set out in Regulation 10(1) to (8),

• (ii) when a parameter can only occur as a result of the use of a certain treatment technique or disinfection method, and that technique or method is not used by the water supplier, or

• (iii) on the basis of the specifications set out in Part 3 of Schedule 2,

• (b) ensure that the list of parameters to be monitored in water intended for human consumption in accordance with Regulation 13 is extended or that the monitoring frequency is increased—

• (i) on the basis of the occurrence of a parameter in raw water, in accordance with the risk assessment of the catchment areas for abstraction points as set out in Regulation 10(1) to (7), or

• (ii) on the basis of the specifications set out in Part 3 of Schedule 2.

• (5) The risk assessment of the supply system, mentioned in paragraph (1), shall concern parameters set out in Tables A to C in Schedule 1, parameters set in accordance with Regulation 6 and substances or compounds included in the watch list.

• (6) Where a water supplier has not undertaken risk assessment and risk management, the supervisory authority may direct the water supplier concerned that the risk assessment, or risk management, as the case may be, be carried out and the water supplier shall comply with that direction.

• (7) A water supplier that—

• (a) fails to ensure that, where disinfection forms part of the preparation or distribution of water for human consumption—

• (i) that any contamination from disinfection by-products is kept as low as possible, or

• (ii) that any substances remaining in the water do not compromise the fulfilment of the general obligations in Regulation 4, or

• (b) fails to comply with a direction given under paragraph (6),

commits an offence.

Risk Assessment of domestic distribution systems

12.

• (a) a general analysis of the potential risks associated with domestic distribution systems, and with related products and materials, and whether those potential risks affect the quality of water at the point where it emerges from the taps that are normally used for water intended for human consumption; this general analysis shall not entail an analysis of individual properties;

• (b) monitoring of the parameters set out in Table D in Schedule 1 in premises where specific risks to water quality and human health have been identified during the general analysis performed under subparagraph (a).

• (2) In relation to Legionella or lead, Uisce Éireann, having had regard to the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005), may decide to focus the monitoring referred to in paragraph (1)(b) on priority premises.

• (3) Where Uisce Éireann concludes, on the basis of the general analysis carried out under paragraph (1)(a), that there is a risk to human health stemming from domestic distribution systems or from the related products and materials, or where monitoring performed in accordance with paragraph (1)(b) demonstrates that the parametric values set out in Table D in Schedule 1 are not met, Uisce Éireann shall in writing—

• (a) inform the owner of the property concerned, and

• (b) inform the relevant supervisory authority.

• (4) On being informed under paragraph (3), the owner of the property concerned shall, without delay, ensure that appropriate measures are taken to eliminate or reduce the risk of non-compliance with the parametric values in Table D Schedule 1 and, in the case of Legionella, those measures shall target at least priority premises.

• (5) In order to reduce the risks connected with domestic distribution across all domestic distribution systems, a water supplier shall ensure that the following measures are considered and that those measures considered relevant are taken;

• (a) encourage owners of public and private premises to carry out a risk assessment of the domestic distribution system;

• (b) inform consumers and owners of public and private premises about measures to eliminate or reduce the risk of non-compliance with the quality standards for water intended for human consumption due to the domestic distribution system;

• (c) advise consumers about the conditions of consumption and use of water intended for human consumption, and about possible action to avoid the reoccurrence of those risks;

• (d) promote training for plumbers and other professionals dealing with domestic distribution systems and the installation of construction products and materials that come into contact with water intended for human consumption;

• (e) in relation to Legionella, ensure that effective control and management measures which are proportionate to the risk are in place to prevent and address possible outbreaks of the disease;

• (f) in relation to lead, if economically and technically feasible, implement measures for substitution of components made of lead in existing domestic distribution systems.

PART 4 MONITORING AND INFORMATION

Monitoring

13.

• (2)
• (a) Uisce Éireann shall—

• (i) be responsible for monitoring public water supplies, with the parametric values set out in Tables A, B and C in Schedule 1, and

• (ii) undertake raw water monitoring as required under Regulation 10(10)(c).

• (b) The supervisory authority shall verify compliance of water intended for human consumption supplied by Uisce Éireann, or any person acting jointly with it or on its behalf, with the parametric values set out in Tables A, B and C in Schedule 1.

• (3) Subject to paragraphs (2)(a) and (4), each local authority shall supervise the performance of private water suppliers in its functional area, including monitoring compliance of water intended for human consumption with the parametric values set out in Tables A, B and C in Schedule 1.

• (4) Where a water supply referred to in paragraph (3) is provided within the functional area of two, or more, local authorities then the following applies;

• (a) subject to subparagraph (b), those local authorities may decide that one of them shall perform the functions required under that paragraph (3) in respect of that water supply;

• (b) the Minister may direct those local authorities to nominate a single local authority from among themselves to perform those functions, and where the authorities fail to comply with such a direction the Minister may direct that a specified local authority shall perform them;

• (c) the authority nominated under subparagraph (a), or directed under subparagraph (b), shall have such functions in regard to such supply as if it was provided solely in its functional area in the first instance.

• (5)
• (a) For the purpose of establishing compliance with the parametric values set out in Parts 1 and 2 of Schedule 2 and of fulfilling their respective obligations under paragraphs (2) and (3), each water supplier or relevant supervisory authority shall take all measures necessary to ensure that monitoring of the quality of water intended for human consumption is carried out on water supplies in accordance with any guidelines issued by the EPA under paragraph (12).

• (b) Guidelines issued by the EPA, mentioned in subparagraph (a), shall be in accordance with this Regulation and Schedule 2 in order to check that the water available to consumers meets the requirements of these Regulations and, in particular, the additional parametric values set in accordance with Regulation 6(4).

• (c) Each supervisory authority shall be responsible for the enforcement of compliance with these Regulations by the water suppliers for whom it has supervisory responsibility under these Regulations.

• (6) For the purposes of paragraph (5), without prejudice to paragraph (4)—

• (a) in the case of a public water supply, Uisce Éireann, and

• (b) in the case of a private water supply, the local authority concerned,

shall—

• (i) specify the points at which samples shall be taken for analysis and establish a related monitoring programme in accordance with Parts 1, 2 and 4 of Schedule 2, or ensure that such a monitoring programme is established in respect of every supply of water for human consumption, other than an exempted supply, in its functional area, and

• (ii) submit the monitoring programme referred to in subparagraph (i) to the EPA for review at such times as the EPA may direct.

• (7) The supervisory authority may direct a water supplier to amend, in such manner as the EPA may specify, a monitoring programme submitted by the water supplier to the EPA under paragraph (6)(ii), and the water supplier shall comply with that direction.

• (8) Samples taken for the purposes of this Regulation shall be representative of the quality of the water consumed throughout the year and shall be equally distributed through the supply.

• (9) A monitoring programme established under paragraph (6) shall comply with the specifications for the analysis of parameters specified in Schedule 3 and may provide for the use of in accordance with the following principles:

• (a) methods of analysis, other than those specified in Part 1 of Schedule 3, provided that—

• (i) the EPA is satisfied that the results obtained are at least as reliable as those produced by the specified methods, and

• (ii) the European Commission is provided with all relevant information concerning such methods and their equivalence;

• (b) any method of analysis for those parameters in Part 2 of Schedule 3, provided that it meets the requirements set out therein.

• (10) Where, for the purposes of paragraph (9)(a), a supervisory authority satisfies itself that the results obtained from an alternative method of analysis are at least as reliable as those produced by the specified method, it shall forward to the Minister all relevant information concerning its comparative evaluation of the equivalent method, and the Minister shall forward the information to the European Commission.

• (11) A supervisory authority shall ensure that additional monitoring is carried out on a case-by-case basis (whether by itself or the relevant water supplier) of substances and micro-organisms for which no parametric value has been set out in Schedule 1, if there is reason to suspect that such substances or micro-organisms may be present in amounts or numbers that constitute a potential danger to human health, and may direct a water supplier to carry out such monitoring as it considers necessary for this purpose, and, where so directed, the water supplier shall comply with such direction within such time as set out in the direction or, where no such time is set out, in a timely manner.

• (12) The EPA may issue guidelines on the manner, frequency and method by which parameters set out in Schedule 1 shall be monitored, and in relation to appropriate monitoring points.

• (13) To meet the obligations imposed in Article 13(1) of the Directive, appropriate monitoring programmes shall be established in accordance with Part 1 of Schedule 2 for all water intended for human consumption and those monitoring programmes shall be supply-specific, taking into account the outcomes of the risk assessment of the catchment areas for abstraction points and of the supply systems, and shall consist of the following elements:

• (a) monitoring of the parameters listed in Tables A, B and C in Schedule 1, and of the parameters set in accordance with Regulation 6, in accordance with Schedule 2, and, where a risk assessment of the supply system is carried out, in accordance with Regulation 11 and Part 3 of Schedule 2, unless the supervisory authority decides that one of those parameters can be removed, in accordance with—

• (i) Regulation 10(13), or

• (ii) Regulation 11(4)(a),

from the list of parameters to be monitored.

• (b) monitoring of the parameters set out in Table D in Schedule 1, for the purposes of the risk assessment of domestic distribution systems, as provided for in Regulation 12(1)(b).

• (c) monitoring of the substances and compounds included in the watch list, in accordance with Regulation 13(14)(a).

• (d) monitoring, of the purposes of the identification of hazard and hazardous events, as provided for in Regulation 10(4)(c).

• (e) operational monitoring conducted in accordance with Regulation point 3 of Part 1 of Schedule 2.

• (14)
• (a) A water supplier, having consulted with the supervisory authority and the HSE, shall put in place monitoring requirements with regard to the potential presence of the substances or compounds which are included in the watch list, at relevant points of the supply chain for water intended from human consumption.

• (b) For this purpose, the supervisory authority may take into account the information collected under Regulation 10 and may use the monitoring data collected in accordance with—

• (i) articles 10A to 10K (inserted by Regulation 10 of the European Union (Water Policy) (Amendment) Regulations 2022 ( S.I. No. 166 of 2022 )) of the Regulations of 2003, and

• (ii) Regulation 26, and Regulation 44 (amended by Regulation 6 of the European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2022 ( S.I. No. 288 of 2022 )), of the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 ), or other relevant European Union or State legislation, in order to avoid overlapping of monitoring requirements.

• (c) The monitoring results shall be included in the data sets, set up in accordance with Regulation 16(1)(i), together with the results of the monitoring performed under Regulation 8(4).

• (15) Where a substance or compound included in the watch list is detected, under Regulation 10(4) or under paragraph (14)(a), in concentrations exceeding the guidance values set out in the watch list, the water supplier concerned, in consultation with the HSE and the supervisory authority, shall ensure that the following measures are considered and that those measures considered relevant are taken:

• (a) preventative measures, mitigation measures or appropriate monitoring in the catchment areas for abstraction points or in raw water as set out in Regulation 10(10);

• (b) requiring water suppliers to carry out monitoring of those substances or compounds, in accordance with Regulation 10(13);

• (c) requiring water suppliers to check whether treatment is adequate to reach the guidance value and, where necessary, to optimise the treatment;

• (d) remedial actions in accordance with Regulation 17(4)(a) where the EPA or the HSE, as the case may be, considers it necessary to protect human health.

• (16) Guidelines for consultations under paragraph (15) shall be jointly developed by the EPA, the HSE and the water suppliers in relation to managing watch list substances.

• (17) Sampling points, for the purposes of these Regulations, shall be determined by the water supplier, or supervisory authority, concerned and shall meet the relevant requirements set out in Part 4 of Schedule 2.

• (18) Where there is reason to suspect that substances and micro-organisms for which no parametric value has been set in accordance with Regulation 6 may be present in numbers or concentrations which constitute a potential danger to human health, the water supplier or supervisory authority, concerned shall ensure that additional monitoring is carried out on a case-by-case basis.

• (19) A person that fails to comply with a direction from the supervisory authority under paragraph (7) or (11) commits an offence.

Information to members of the public

14.

• (a) Schedule 4, and

• (b) with applicable data protection legislation.

• (2) The records maintained under paragraph (1) shall be provided to the relevant supervisory authority on written request and may specify the following:

• (a) the management and treatment of water intended for human consumption;

• (b) the monitoring of compliance with water quality standards or other parametric values set out in Schedule 1;

• (c) corrective action taken following a non-compliance with water quality standards or other parametric values set out in Schedule 1;

• (d) verification of the efficiency of a disinfection treatment in accordance with Regulation 11(3).

• (3) A water supplier shall ensure that all persons supplied with water intended for human consumption receive the following information regularly and not less than once a year, without being required to request that information, in the most appropriate and easily accessible form, including, but not limited to, invoices to commercial customers or by digital means such as smart applications, websites or forms accessible to their customer:

• (a) information on the quality of water intended for human consumption, including the indicator parameters;

• (b) where chargeable, the price of water intended for human consumption supplied, per litre and cubic metre;

• (c) the volume consumed by the household, not less than once per year or per statement period, together with yearly trends of the household consumption, if technically feasible and if this information is available to the water supplier;

• (d) comparisons of the yearly water consumption of the household with an average household consumption, when applicable in accordance with subparagraph (c);

• (e) a link to the website containing the information set out in Schedule 4 (or access to that information by means, appropriate to the water supplier and customer base).

• (4) Each supervisory authority shall carry out, cause to be carried out, or arrange for such monitoring as it considers necessary to verify information provided to it under paragraph (2).

• (5) For the purposes of its functions under these Regulations, each supervisory authority shall keep a register to record the details of each water supply for which it is a supervisory authority, and such register at a minimum shall record the following:

• (a) the name and address of the water supplier;

• (b) the volume of water supplied per day (expressed either in cubic metres or a population equivalent);

• (c) the type of water treatment in place;

• (d) the source of the water supply;

• (e) the supply zone code allocated under the Drinking Water National Monitoring Programme (as referred to in the Department of the Environment, Community and Local Government circular letter, Reference WSP11/04, dated 17th December 2004), or such code as shall be allocated subsequently by Uisce Éireann or the relevant local authority.

• (6) Water suppliers and each local authority shall maintain up to date records on an ongoing basis of monitoring results in relation to each water supply that they are required to monitor under Regulation 13(2), (3) or (4).

• (7) A water supplier shall, as directed by a supervisory authority, provide the supervisory authority with such details as the authority considers are necessary for it to maintain up to date the register and records referred to in paragraphs (5) and (6).

• (8) A water supplier that fails to comply with a direction from a supervisory authority under paragraph (7) commits an offence.

• (9) The register and records referred to in paragraph (1) shall be kept at the principal office of the water supplier concerned, and shall be made available for inspection by any person during office hours.

• (10) Where a request is made to—

• (a) a supervisory authority for a copy of an entry in the register maintained by it under paragraph (5), or

• (b) the water supplier concerned for a copy of a record maintained by it under paragraph (1), the recipient of the request concerned shall issue such a copy to the applicant on, if so required, the payment by the applicant of a fee of such an amount (not exceeding the reasonable cost of making the copy) as may be determined.

• (11) Subject to any guidelines that the CRU may issue for the purposes of this paragraph, in order to facilitate public access to information, a water supplier may keep a register or record (or part of it) under this Regulation in electronic format (such as on an internet website), provided that the register or record is capable of being used to make a legible copy or reproduction of any entry in it, and references in this Regulation to a copy of an entry in a register or a record shall be construed as including references to such electronic format or such legible copy or reproduction.

• (12) Evidence of an entry in a register or a record may be given by production of a copy of it certified by an officer of Uisce Éireann or the authority concerned as being a true copy.

• (13) Where a person fails to comply in full with a request under paragraph (2) within a period of 6 weeks, or such longer period as may be specified in the request, the relevant supervisory authority may apply to the High Court for an order directing the person concerned to comply with the request.

• (14) Where, following an application by a supervisory authority under paragraph (13), the High Court is satisfied that it is appropriate to do so, the court may make an order compelling the person concerned to comply with the request under paragraph (2).

• (15) Where the High Court makes an order under paragraph (14), it may, for the purpose of giving full effect to the order, include such conditions in the order and make such ancillary or other orders as it deems fit.

Protection of human health

15.

• (a) the supply of such water is prohibited, or the use of such water is restricted, or such other action is taken as is necessary to protect human health,

• (b) consumers are informed promptly thereof and given the necessary advice,

• (c) in the case of a public water supply, the EPA is informed promptly, and

• (d) the relevant local authority is informed promptly.

• (2) The water supplier concerned or the relevant local authority, with the agreement of the HSE, shall decide what action under paragraph (1) is to be taken, bearing in mind the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.

• (3) The duty imposed on a water supplier by paragraph (1) shall apply whether or not any failure to meet a parametric value set out in Schedule 1, or set under Regulation 6, has occurred.

• (4) A supervisory authority may give a direction to a water supplier in respect any action to be taken by the water supplier under paragraph (1).

• (5) The supervisory authority may issue guidelines to assist water suppliers to fulfil their obligations under this Regulation.

• (6) A water supplier that fails—

• (a) to comply with a direction from a supervisory authority under this Regulation, or

• (b) to inform the EPA in accordance with paragraph (1)(c), commits an offence.

Information on monitoring of implementation

16.

• (a) the European Communities (Access to Information on the Environment) Regulations 2007 ( S.I. No. 133 of 2007 ), and

• (b) the State’s obligations under Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007,⁵

the EPA, shall—

• (i) set up by 12 January 2029, and update not later than every 6 years thereafter, a data set containing information on measures taken to improve access to and promote the use of water intended for human consumption in accordance with Regulation 21, and on the share of their population that has access to water intended for human consumption,

• (ii) set up by 12 July 2027, and update not later than every six years thereafter, a data set containing information related to the risk assessment and risk management of the catchment areas for abstraction points carried out in accordance with Regulation 10, and set up by 12 January 2029, and update not later than every 6 years thereafter, a data set containing information related to the risk assessment of domestic distribution systems carried out in accordance with Regulation 12, including the following elements:

• (I) information on catchment areas for abstraction points under Regulation 10(4);

• (II) the results of the monitoring performed under Regulations 10(4) and 12(1)(b);

• (III) concise information on measures taken pursuant to Regulations 10(10) and 12(3), (4) and (5), including information on the type of measures taken, and the progress made, under Regulation 12(5)(f),

• (iii) set up, and update annually thereafter, a data set containing monitoring results, in cases of exceedances of the parametric values set out in Tables A and B in Schedule 1, collected in accordance with Regulations 11 and 13 and information about the remedial actions taken in accordance with Regulation 17,

• (iv) set up, and update annually thereafter, a data set containing information on incidents relating to water intended for human consumption that have caused a potential risk to human health, regardless of whether any failure to meet the parametric values occurred, that lasted for more than 10 consecutive days and that affected not less than 1,000 people, including the causes of those incidents and remedial actions taken in accordance with Regulation 17, and

• (v) set up, and update annually thereafter, a data set containing information on all derogations granted in accordance with Regulation 18(1), including the information provided for in paragraph (6) of that Regulation.

• (2) Where possible, spatial data services as defined in point (4) of Article 3 of Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007⁵ shall be used to present the data sets referred to in paragraph (1).

• (3) The EPA shall provide access to data sets referred to in paragraph (1) to the European Commission, the European Environment Agency and the European Centre of Disease Prevention and Control.

Remedial action and restrictions of use

17.

• (b) Each relevant local authority shall ensure that any failure to meet the parametric values set out in Schedule 1 or the detection of pathogenic micro-organisms or parasites in a water supply for which it is a supervisory authority, is immediately investigated by the relevant water supplier so as to identify the cause of such failure.

• (2) For the purposes of paragraph (1), where a water supplier discovers a failure to meet the values set out in Schedule 1 or detects pathogenic micro-organisms or parasites in its water supply, that person shall notify the relevant supervisory authority for that supply in accordance with such guidelines as the EPA may issue for that purpose.

• (3) Subject to Regulation 15 and Regulations 17(4) and (8), where it is found, as a result of monitoring carried out for the purposes of these Regulations, that the quality of water intended for human consumption does not meet the parametric values set out in Schedule 1, or set in accordance with Regulation 6, the supervisory authority shall, subject to any departures in force under these Regulations—

• (a) ensure that the necessary remedial action is taken by the water supplier as soon as possible to restore the quality of the water, and may issue such directions as the supervisory authority considers appropriate for this purpose to the relevant water supplier,

• (b) give priority to its enforcement action, having particular regard to the extent to which the relevant parametric value has been exceeded and to the potential danger to human health,

• (c) unless indicated otherwise in guidelines issued under paragraph (8), within 14 days of receiving the monitoring results, direct a water supplier to prepare an action programme and to submit it for the approval of the supervisory authority within 60 days, and to implement such action programme for the improvement of the quality of the water so as to secure compliance with these Regulations as soon as possible and not later than—

• (i) one year from the date of approval by the supervisory authority of the action programme in relation to the water quality standards set out in Tables A and B in Schedule 1 in relation to matters that present a risk to human health, and

• (ii) two years from the date of approval by the supervisory authority of the action programme in relation to all the water quality standards set out in Table B in Schedule 1, other than those referred to in clause (i).

• (4)
• (a) In the event of non-compliance with the parametric values or with the specifications set out in Table C in Schedule 1, a supervisory authority, in consultation with the HSE, shall consider whether or not such non-compliance poses a risk to human health.

• (b) Where it is determined that such risk to human health under subparagraph (a) exists, the supervisory authority shall apply the provisions of paragraph (3)(c), and the relevant water supplier shall take remedial action to restore the quality of the water within the timeframe specified in the programme.