The Water Supply (Water Quality) Regulations 2016
- (6) This paragraph applies where the Secretary of State is of the opinion that—
- (a) the extent of the contravention of the requirements of Part 3 as respects any parameter is trivial, and
- (b) the prescribed concentration or value as respects that parameter is likely to be achieved within the period of 30 days beginning with the day on which the prescribed concentration or value in respect of that parameter was contravened.
- (7) Where it appears to the Secretary of State that a supply of water that fully satisfies the requirements of Part 3 cannot be restored by the end of the departure period, the Secretary of State may authorise a further two departures.
- (8) Paragraphs (1) to (6) apply to a further departure authorised under paragraph (7) as they apply to a departure authorised under regulation 22.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) An authorisation under regulation 22 or this regulation may be limited to water supplied—
- (a) from particular sources or classes of source;
- (b) to particular water supply zones or to zones of particular descriptions.
- (12) On the coming into force of these Regulations, any further authorisations given under regulation 21(5) and (7) of the 2000 Regulations which had effect immediately before the coming into force of these Regulations are taken to be further authorisations given under paragraph (7) ... of this regulation.
Publicity for authorisations
24
- (1) As soon as reasonably practicable after a departure has been authorised under regulation 22 or 23, the specified relevant suppliers must—
- (a) separately publish by making accessible, free of charge, on their websites via a hyperlink maintained on their respective homepages for at least 14 days—
- (i) except in a case to which paragraph (5) of regulation 23 applies, a notice containing a statement of the matters specified in paragraph (3)(a)(ii), (iii), (viii) and (ix) of that regulation;
- (ii) in a case to which paragraph (5) of regulation 23 applies, a notice containing a statement of the matters specified in paragraph (3)(a)(ii), (iii) and (ix) of that regulation;
- (b) jointly give such other public notice of the authorisation and of its terms and conditions as the Secretary of State may, by notice served on the specified relevant supplies, reasonably require.
- (2) In paragraph (1), “specified relevant suppliers” means relevant suppliers who—
- (a) use the same water supply zone for the purposes of supplying water to consumers, and
- (b) for the purposes of that supply, rely on an authorised departure relating to the same facts.
Revocation and variation of authorisations
25
- (1) Subject to paragraphs (2) and (4), the Secretary of State may at any time revoke or vary an authorisation under regulation 22.
- (2) Subject to paragraph (3) the Secretary of State is not to revoke or modify an authorisation under regulation 22 without giving at least 6 months' notice in writing of the Secretary of State's intention to do so to—
- (a) the relevant supplier to which the authorisation relates;
- (b) any other relevant supplier which, for the purposes of supplying water to consumers, uses the water supply zone in respect of which the authorised departure has been given;
- (c) every appropriate local authority;
- (d) Public Health England;
- (e) where the authorisation relates to a water supply zone which is wholly or partly in Wales, the National Public Health Service for Wales;
- (f) the Council.
- (3) The Secretary of State may revoke or vary an authorisation under regulation 22 without notice if it appears to the Secretary of State that immediate revocation or modification is required in the interests of public health.
- (4) A relevant supplier on whose application a departure has been authorised under regulation 22 must notify the Secretary of State as soon as the circumstances which gave rise to the application cease to exist, and the Secretary of State must revoke the authorisation without the need for prior notice.
- (5) In this regulation, “an authorisation under regulation 22” includes an authorisation for a further or third departure under regulation 23.
PART 8 — Water treatment
Disinfection and other treatment arrangements
26
- (1) Unless the conditions in paragraph (5) are satisfied, before supplying water for regulation 4(1) purposes, a water undertaker or wholesale licensee must—
- (a) disinfect the water, and
- (b) where necessary, subject the water to sufficient preliminary treatment to prepare it for disinfection.
- (2) A water undertaker or water supply licensee supplier must—
- (a) design, operate and maintain the disinfection process so as to keep disinfection by-products as low as possible without compromising the effectiveness of the disinfection, and
- (b) verify the effectiveness of the disinfection process.
- (3) Paragraph (4) applies when any property, organism or substance is present in a water source at a level that may constitute a potential danger to human health
- (4) Unless the conditions in paragraph (5) are satisfied, before supplying water for regulation 4(1) purposes using water from any source, a water undertaker or wholesale licensee must design and continuously operate an adequate treatment process for water from the source.
- (5) The conditions are that the water undertaker or wholesale licensee—
- (a) must supply water from the treatment works as a matter of urgency in order to prevent an unexpected interruption in piped supply to consumers, and
- (b) before the supply is made, has taken all necessary steps to inform consumers that the water is not disinfected or adequately treated.
- (6) For the purposes of this regulation—
- (a) “adequate treatment process” means a process of blending or purification treatment which removes or renders harmless the concentration or value of any property of water, or organism or substance in water, so that supplies do not constitute a potential danger to human health;
- (b) “sufficient preliminary treatment” means the treatment necessary—
- (i) to remove, or to reduce the concentration or value of, any property or substance which would interfere with disinfection, and
- (ii) to reduce turbidity to less than 1 NTU;
- (c) water is supplied for regulation 4(1) purposes when it leaves a treatment works.
Risk assessment
27
- (1) This regulation applies to every treatment works and supply system from which water is supplied for regulation 4(1) purposes.
- (2) Every water undertaker or wholesale licensee must carry out a risk assessment of each of its treatment works and connected supply system in order to establish whether there is a significant risk of supplying water from those works or supply system that could constitute a potential danger to human health or is likely to be unwholesome.
- (3) Every water undertaker or wholesale licensee must keep its risk assessments under continuous review.
- (4) The Secretary of State may by notice served on a water undertaker or wholesale licensee require a risk assessment or review to be carried out by a date specified in the notice.
- (5) Where a water undertaker or wholesale licensee becomes aware of any factors which make it likely that a risk assessment under this regulation would establish that there is a significant risk of supplying water that would constitute a potential danger to human health or that is likely to be unwholesome, it must notify the Secretary of State specifying the relevant factors.
- (6) On the coming into force of these Regulations, a notice given under regulation 27(5) of the 2000 Regulations which had effect immediately before the coming into force of these Regulations is taken to be a notice given under paragraph (4) of this regulation.
Procedure following risk assessment and prohibition of supply
28
- (1) As soon as reasonably practicable after a water undertaker or wholesale licensee has carried out a risk assessment or review of such assessment under regulation 27, it must submit to the Secretary of State a report of the assessment or review.
- (2) The report must contain—
- (a) a description of the methods used to carry out the assessment or review;
- (b) where the assessment or review establishes that there is no significant risk of supplying water that could constitute a potential danger to human health or could be unwholesome, a statement confirming this;
- (c) where the assessment or review establishes that measures have been taken to remove a significant risk of supplying water that could constitute a potential danger to human health or be unwholesome—
- (i) monitoring data which verifies this;
- (ii) details of those measures.
- (3) Where the assessment or review establishes that there is a significant risk of supplying water that could constitute a potential danger to human health or could be unwholesome, the report must—
- (a) contain a full explanation including details of every property, organism or substance that has been identified as contributing to the risk;
- (b) specify the measures to mitigate the risk that the water undertaker or wholesale licensee—
- (i) has made operational as at the date of the report, and
- (ii) intends to make operational.
- (4) Where the Secretary of State has received a report which states that there is or has been a significant risk of supplying water that could constitute a potential danger to human health or could be unwholesome, the Secretary of State may, by notice served on the water undertaker or wholesale licensee, require the water undertaker or wholesale licensee—
- (a) to maintain such specified measures for such period of time as the Secretary of State considers appropriate to mitigate the risk;
- (b) to review, revise or make operational such specified measures by such date as the Secretary of State considers appropriate to mitigate the risk;
- (c) to audit whether the measures have been effective by such means as may be specified;
- (d) not to supply water for regulation 4(1) purposes from specified treatment works or supply systems, or not to so supply unless specified conditions are satisfied;
- (e) to give the Secretary of State such information as the Secretary of State may require to monitor progress towards mitigation of that risk.
- (5) In paragraph (4), “specified” means specified in the notice served under that paragraph.
- (6) The Secretary of State may, by notice served on the relevant undertaker or water supply licensee, revoke or vary a notice served under paragraph (4).
- (7) On the coming into force of these Regulations, a notice given under regulation 28(4) of the 2000 Regulations which had effect immediately before the coming into force of these Regulations is taken to be a notice given under paragraph (4) of this regulation.
Water treatment to minimise contamination from pipes
29
- (1) Paragraph (2) applies where there is a risk (“the prescribed risk”) that water supplied by a relevant supplier would, for the reason mentioned in paragraph (3), after leaving the relevant supplier's pipes—
- (a) contain a concentration of copper in excess of 2mg/litre, or
- (b) contain a concentration of lead in excess of 10µg/litre.
- (2) Every water undertaker or wholesale licensee which introduces water into the supply system used by the relevant supplier must, subject to paragraph (4), treat the water in such a way as will, in its opinion, eliminate the prescribed risk or reduce it to a minimum.
- (3) The reason referred to in paragraph (1) is the presence in the water of a concentration of copper or lead which is attributable to the fact that copper or lead is the major component of such a pipe as is mentioned in section 68(3) of the Act , or its associated fittings.
- (4) Paragraph (1) does not require a water undertaker or wholesale licensee to treat water if—
- (a) the treatment is unlikely to achieve a significant reduction in the concentration of copper or lead, or
- (b) treatment is not reasonably practicable.
Replacement of lead pipes
30
- (1) The relevant supplier must modify or replace its part of the pipe where a relevant supplier—
- (a) has received from the owner of premises to which water is so supplied notice in writing of—
- (i) the owner's intention to replace so much of the pipe as belongs to him, and
- (ii) the owner's desire that the relevant supplier replaces the remainder of the pipe, and
- (b) has reason to believe that water supplied by it for regulation 4(1) purposes from a pipe to which paragraph (2) applies contains, or is likely to contain, at the consumer's tap, a concentration of lead which exceeds 10µg/litre.
- (2) This paragraph applies to a pipe—
- (a) of which the major component is lead,
- (b) which is subject to water pressure from a water main or would be so subject but for the closing of some valve, and
- (c) of which part belongs to a relevant supplier and of which the remainder belongs to the owner of any premises to which the relevant supplier supplies water for regulation 4(1) purposes.
Application and introduction of substances and products
31
- (1) Subject to paragraph (2), a water undertaker or wholesale licensee must not apply any substance or product to, or introduce any substance or product into, water which is to be supplied for regulation 4(1) purposes, unless one of the requirements of paragraph (4) is satisfied.
- (2) A substance or product which, at the time of its application or introduction—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) conforms to an appropriate British Standard or some other appropriate standard ... which provides an equivalent level of protection and performance,
may be applied or introduced, notwithstanding that none of the requirements of paragraph (4) is satisfied.
- (3) Paragraph (2) applies only if such an application or introduction complies with—
- (a) such conditions of use restricting the dosing concentration as are for the time being in force in relation to such substances and products pursuant to a determination of the Secretary of State by an instrument in writing;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The requirements of this paragraph are that—
- (a) the Secretary of State has for the time being approved the application or introduction of that substance or product and it is applied or introduced in accordance with any conditions attaching to that approval;
- (b) the Secretary of State is satisfied that the application or introduction of the substance or product either alone or in combination with any other substance or product in the water is unlikely to adversely affect the quality of the water supplied;
- (c) the substance or product is to be applied or introduced solely for the purposes of testing or research, and the water undertaker or wholesale licensee has given to the Secretary of State not less than 3 months' notice in writing of its intention so to apply or introduce the substance or product.
- (5) An application for an approval mentioned in paragraph 4(a) may be made by any person.
- (6) If the Secretary of State decides to issue an approval under paragraph 4(a), the Secretary of State may include in the approval such conditions as the Secretary of State considers appropriate and, in accordance with paragraph (10), may at any time revoke or vary any approval that the Secretary of State has previously given.
- (7) Where substances or products are applied or introduced in any case in which the requirement mentioned in paragraph (4)(c) is satisfied, their application or introduction must be discontinued within 12 months of the date on which they were first applied or introduced or, if the Secretary of State by notice given in writing to the water undertaker or wholesale licensee so directs, within such other period (whether longer or shorter) as may be specified in the notice.
- (8) The Secretary of State may, by notice given in writing to any water undertaker or wholesale licensee, prohibit it from applying to, or introducing into, water intended to be supplied for regulation 4(1) purposes any substance or product which the water undertaker or licensee would otherwise be authorised to apply or introduce by virtue of—
- (a) paragraphs (1) and (4)(b) or (c), or
- (b) paragraph (2).
- (9) A prohibition under paragraph (8) may be without limitation as to time or for such period as is specified in the notice.
- (10) Subject to paragraph (11), the Secretary of State may—
- (a) revoke by an instrument in writing any approval given by him under paragraph (4)(a);
- (b) vary any such approval by an instrument in writing by including conditions or varying existing conditions;
- (c) give any such notice as is mentioned in paragraph (8).
- (11) Unless the Secretary of State is satisfied that it is necessary to do so in the interests of public health without notice, the Secretary of State must not act under paragraph (10) without giving all such persons as are, in the Secretary of State's opinion, likely to be affected by the revocation or variation of the approval or by the giving of the notice, at least 6 months' notice in writing.
- (12) Notwithstanding paragraph (11), the Secretary of State must give immediate notice to all persons likely to be affected by the revocation or variation of an instrument mentioned in paragraph (10)(a) or (b).
- (13) At least once in each year the Secretary of State must issue a list of all the substances and products, with particulars of the action taken, in relation to which—
- (a) an approval under paragraph 4(a) has been granted or refused;
- (b) such an approval has been revoked or varied;
- (c) a notice has been given under paragraph (8).
- (14) The Secretary of State may—
- (a) by notice served on the person who makes an application for approval under paragraph (4)(a), require the person to pay the Secretary of State a charge which reflects the administrative expenses incurred or likely to be incurred by the Secretary of State in connection with the application;
- (b) in determining the amount of any such charge, adopt such methods and principles for its calculation as appear to the Secretary of State to be appropriate.
- (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (16) On the coming into force of these Regulations—
- (a) an approval given under regulation 31(4)(a) of the 2000 Regulations which had effect immediately before the coming into force of these Regulations is taken to be a notice given under paragraph (4)(a) of this regulation;
- (b) a notice given under regulation 31(7) or (8) of the 2000 Regulations which had effect immediately before the coming into force of these Regulations is taken to be a notice given under paragraph (7) or (8) respectively of this regulation.
Use of processes
32
- (1) The Secretary of State may at any time, by notice in writing given to a water undertaker or wholesale licensee, require it to make an application to the Secretary of State for approval of the use of any process, and may prohibit it for such period as may be specified in the notice from using any such process in connection with the supply by it of water for regulation 4(1) purposes.
- (2) The Secretary of State may refuse the application or impose on any approval given for the purposes of this regulation such conditions as the Secretary of State thinks fit and, subject to paragraph (3), may at any time by notice in writing to the water undertaker or wholesale licensee revoke an approval so given, or revoke or vary any condition imposed by virtue of this paragraph.
- (3) Subject to paragraph (4), unless the Secretary of State has given to the water undertaker or wholesale licensee at least 6 months' notice in writing of the Secretary of State's intention to revoke, vary or prohibit, as the case may be, the Secretary of State must not—
- (a) revoke any approval given for the purposes of this regulation;
- (b) vary any condition imposed by virtue of paragraph (2);
- (c) prohibit a water undertaker or wholesale licensee from using any process.
- (4) Paragraph (3) does not apply in any case in which the Secretary of State is of the opinion that the immediate revocation, modification or prohibition is necessary in the interests of public health.
- (5) Regulation 31(13) applies for the purposes of this regulation, to be read as if—
- (a) for the reference to substances or products there were substituted a reference to processes;
- (b) for the reference to paragraph (4)(a) there were substituted a reference to this regulation; and
- (c) for the reference to paragraph (8) there were substituted a reference to paragraph (1) of this regulation.
- (6) On the coming into force of these Regulations—
- (a) a notice given under regulation 32(1) of the 2000 Regulations which had effect immediately before the coming into force of these Regulations is taken to be a notice given under paragraph (1) of this regulation;
- (b) an approval given under regulation 32(2) of the 2000 Regulations which had effect immediately before the coming into force of these Regulations is taken to be an approval given under paragraph (2) of this regulation.
Offences
33
- (1) A water undertaker or wholesale licensee which contravenes regulation 26(1) or (4) or the terms of a notice served under regulation 28(4)(d) is guilty of an offence and liable on summary conviction, or on conviction on indictment, to a fine.
- (2) In any proceedings against a water undertaker or wholesale licensee for an offence under paragraph (1), it is a defence for that water undertaker or wholesale licensee to show that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
- (3) A water undertaker or wholesale licensee which—
- (a) applies or introduces any substance or product in contravention of regulation 31(1) or a notice given under regulation 31(8), or
- (b) uses any process in contravention of a prohibition imposed under regulation 32(1) or without complying with a condition imposed by virtue of regulation 32(2),
is guilty of an offence and liable on summary conviction, or on conviction on indictment, to a fine.
- (4) If any person, in furnishing any information or making an application under regulation 31 or 32, makes any statement which that person knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, that person is guilty of an offence and liable on summary conviction, or on conviction on indictment, to a fine.
- (5) Proceedings for an offence under paragraph (4) must not be instituted except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
PART 9 — Records and information
Maintenance of records
34
- (1) Every water undertaker or wholesale licensee must, in respect of each of the water supply zones which it uses for the purposes of supplying water to consumers, prepare and maintain a record containing—
- (a) the name of the zone;
- (b) the name of every water treatment works, service reservoir and other supply point from which water is supplied to premises within the zone;
- (c) an estimate of the population of the zone;
- (d) particulars of any departure authorised under Part 7 of these Regulations which applies to water supplied in the zone;
- (e) particulars of the action taken or required to be taken by the water undertaker or water supply licensee to comply with—
- (i) any enforcement order made under section 18 of the Act ;
- (ii) any departure authorised under Part 7;
- (iii) any notice under regulation 20(4);
- (f) particulars of the result of any analysis of samples taken in accordance with Part 4 of these Regulations or any of regulations 12 to 14, 17 and 28;
- (g) the results of any electronic monitoring where this is carried out in accordance with these Regulations;
- (h) particulars of all consumer contacts ... in relation to the discharge of duties under these Regulations;
- (i) such other particulars as the water undertaker or water supply licensee may determine.
- (2) A retail licensee must, in respect of each of the water supply zones which it uses for the purposes of supplying to consumers, prepare and maintain a record containing—
- (a) the name of the water supply zone;
- (b) particulars of any departure authorised under Part 7 of these Regulations which applies to water supplied in the zone;
- (c) particulars of the action taken or required to be taken by the retail licensee to comply with—
- (i) any enforcement order made under section 18 of the Act;
- (ii) any departure authorised under Part 7;
- (iii) any notice under regulation 20(4);
- (ca) particulars of all consumer contacts ... in relation to the discharge of duties under these Regulations;
- (d) such other particulars as the retail licensee may determine.
- (3) A water undertaker or wholesale licensee must make entries in the record —
- (a) in respect of the matters mentioned in paragraph (1)(a) to (d) and (e)(ii), as soon as reasonably practicable and no later than 3 months after the day on which it first introduces water into a supply system for the purposes of supplying water to consumers;
- (b) in respect of the matters mentioned in paragraph (1)(e)(i) and (iii), within 28 days of the date of the order and notice respectively;
- (c) relating to the results of the analysis of samples, within 28 days of the day on which the result is first known to the water undertaker or wholesale licensee.
- (4) A retail licensee must make—
- (a) initial entries in the record in respect of the matters mentioned in paragraph (2)(a), (b) and (c)(ii) no later than 3 months after the day on which it first uses a supply system for the purposes of supplying water to consumers;
- (b) entries in the record in respect of the matters mentioned in paragraph (2)(c)(i) and (iii) within 28 days of the date of the order and notice respectively.
- (5) Without prejudice to paragraph (3), the relevant supplier must at least once in each year review and update the record required to be kept under paragraph (1) or (2).
- (6) Nothing in this regulation requires a relevant supplier to retain a record—
- (a) of information mentioned in any of sub-paragraphs (a), (b) and (f) of paragraph (1) or in sub-paragraph (a) of paragraph (2) at any time more than 30 years after the date on which the information was first entered in the record;
- (b) of information mentioned in any other sub-paragraph of paragraph (1) or (2) at any time more than 5 years after the date on which the information was first entered in the record.
Provision of information
35
- (1) Any person may request a relevant supplier to send them a copy of any record maintained by the relevant supplier under regulation 34, and the relevant supplier must, within 7 days of the receipt of the request, send a copy of the record requested to the person.
- (2) A relevant supplier must comply with a request under paragraph (1)—
- (a) in the case of a request relating to a water supply zone, free of charge if the person receives a supply of water in the zone;
- (b) in any other case, on payment of such reasonable charge as the relevant supplier may determine.
- (3) Paragraph (1) does not oblige a relevant supplier to comply with a request which is vexatious.
- (4) Where a relevant supplier has previously complied with a request made by any person, paragraph (1) does not oblige it to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and the making of the subsequent request.
- (5) A water undertaker must include in, or append to, at least one of the accounts sent to each customer in any year a statement setting out the rights of that customer under paragraph (1).
- (6) As soon as possible after an event which, by reason of its effect or likely effect on the water supplied by a relevant supplier, gives rise or is likely to give rise to a significant risk to human health, the relevant supplier must notify—
- (a) in every case—
- (i) every appropriate local authority,
- (ii) Public Health England,
- (iii) the Council, and
- (iv) the Secretary of State; and
- (b) in any case where the event gives rise or is likely to give risk to a significant risk to human health in Wales—
- (i) the National Public Health Service for Wales, and
- (ii) the Welsh Ministers.
- (7) Where a person has received a notification under paragraph (6), that person may require the relevant supplier to provide that person with such further information relating to the event and its consequences as that person may reasonably require.
PART 10 — Functions of local authorities in relation to water quality
Application and interpretation of this Part
36
- (1) This Part applies to the performance by a local authority of its duty under section 77(1) of the Act insofar as that duty relates to water supplies which are not private supplies.
- (2) In this Part, “specified relevant supplier” in relation to a local authority means—
- (a) a water undertaker any of whose water supply zones includes an area which is situated within the area of that authority;
- (b) a water supply licensee which uses any such water supply zones for the purposes of supplying water to consumers.
Duties of local authorities: supplementary provision
37
- (1) In performing its duty under section 77(1) of the Act, a local authority—
- (a) must make arrangements with the specified relevant supplier to secure that the authority is notified as mentioned in regulation 35(6)(a)(i);
- (b) may take or cause to be taken, and analyse or cause to be analysed, by a person, designated by that authority in writing, such samples of the water supplied to premises in its area as that authority may reasonably require.
- (2) Regulation 16 applies to samples taken by virtue of paragraph (1) as it applies to samples taken for the purposes of Parts 4 and 5 of these Regulations but with the following modifications—
- (a) paragraph (1) is to be read as if for the words “water undertaker or wholesale licensee” there were to be substituted the words “ local authority ”;
- (b) paragraph (2)(e)(i) is to be read as if for the words “the water undertaker or the wholesale licensee” there were to be substituted “ the water undertaker, the wholesale licensee or the local authority ”.
PART 11 — Enforcement
Contraventions by relevant suppliers
38
Any duty or requirement imposed by Parts 4 to 9 of these Regulations on a relevant supplier is enforceable under section 18 of the Act by the Secretary of State or the Authority , whether or not it constitutes an offence.
PART 12 — Review
Review
39
- (1) The Secretary of State must, in relation to England, from time to time—
- (a) carry out a review of the regulatory provision in these Regulations, and
- (b) publish a report setting out the conclusions of the review.
- (2) In carrying out a review of any regulatory provision which implements an obligation in Council Directive 98/83/EC on the quality of water intended for human consumption and Council Directive 2013/51/Euratom laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption , the Secretary of State must have regard to how the obligation is implemented in other member States.
- (3) The report must in particular—
- (a) set out the objectives intended to be achieved by the regulatory provision,
- (b) assess the extent to which those objectives are achieved,
- (c) assess whether those objectives remain appropriate, and
- (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision
- (4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
- (5) Subsequent reports under this regulation must be published at intervals not exceeding five years.
- (6) In this regulation, “regulatory provision” has the meaning given by section 32(4) of the Small Business, Enterprise and Employment Act 2015 .
PART 13 — Amendments and revocations
Amendments and revocations
40
- (1) The Regulations specified in the Table in Schedule 6 are amended in accordance with the provisions of that Table.
- (2) The Regulations specified in the Table in Schedule 7 are revoked to the extent specified in that Table.
SCHEDULE 1 — Prescribed concentrations and values
| (1) | (2) | (3) | (4) | (5) |
|---|---|---|---|---|
| Item | Parameters | Concentration or value (maximum) | Units of measurement | Point of compliance |
| 1. | Enterococci | 0 | number/100ml | Consumers' taps |
| 2. | Escherichia coli | 0 | number/100ml | Consumers' taps |
| (E. coli) | ||||
| ¹ Compliance required as to 95% of samples from each service reservoir (regulation 4(6)). | ¹ Compliance required as to 95% of samples from each service reservoir (regulation 4(6)). | ¹ Compliance required as to 95% of samples from each service reservoir (regulation 4(6)). | ¹ Compliance required as to 95% of samples from each service reservoir (regulation 4(6)). | ¹ Compliance required as to 95% of samples from each service reservoir (regulation 4(6)). |
| --- | --- | --- | --- | --- |
| (1) | (2) | (3) | (4) | (5) |
| Item | Parameters | Concentration or value (maximum) | Units of measurement | Point of compliance |
| 1. | Coliform bacteria | 0 | number/100ml | Service reservoirs¹ and water treatment works |
| 2. | Escherichia coli (E. coli) | 0 | number/100ml | Service reservoirs and water treatment works |
| ¹ The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. This is controlled by product specification. | ¹ The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. This is controlled by product specification. | ¹ The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. This is controlled by product specification. | ¹ The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. This is controlled by product specification. | ¹ The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. This is controlled by product specification. |
| --- | --- | --- | --- | --- |
| ² See also regulation 4(2)(d). | ² See also regulation 4(2)(d). | ² See also regulation 4(2)(d). | ² See also regulation 4(2)(d). | ² See also regulation 4(2)(d). |
| ³ See the definition of “pesticides and related products” in regulation 2. | ³ See the definition of “pesticides and related products” in regulation 2. | ³ See the definition of “pesticides and related products” in regulation 2. | ³ See the definition of “pesticides and related products” in regulation 2. | ³ See the definition of “pesticides and related products” in regulation 2. |
| ⁴ The parametric value applies to each individual pesticide. | ⁴ The parametric value applies to each individual pesticide. | ⁴ The parametric value applies to each individual pesticide. | ⁴ The parametric value applies to each individual pesticide. | ⁴ The parametric value applies to each individual pesticide. |
| ⁵ “Pesticides: total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure. | ⁵ “Pesticides: total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure. | ⁵ “Pesticides: total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure. | ⁵ “Pesticides: total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure. | ⁵ “Pesticides: total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure. |
| ⁶ The specified compounds are—The specified compounds are— — benzo(b)fluoranthen; — benzo(k)fluoranthene; — benzo(ghi)perylene; — indeno(1,2,3-cd)pyrene.The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. | ⁶ The specified compounds are—The specified compounds are— — benzo(b)fluoranthen; — benzo(k)fluoranthene; — benzo(ghi)perylene; — indeno(1,2,3-cd)pyrene.The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. | ⁶ The specified compounds are—The specified compounds are— — benzo(b)fluoranthen; — benzo(k)fluoranthene; — benzo(ghi)perylene; — indeno(1,2,3-cd)pyrene.The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. | ⁶ The specified compounds are—The specified compounds are— — benzo(b)fluoranthen; — benzo(k)fluoranthene; — benzo(ghi)perylene; — indeno(1,2,3-cd)pyrene.The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. | ⁶ The specified compounds are—The specified compounds are— — benzo(b)fluoranthen; — benzo(k)fluoranthene; — benzo(ghi)perylene; — indeno(1,2,3-cd)pyrene.The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. |
| ⁷ The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. | ⁷ The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. | ⁷ The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. | ⁷ The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. | ⁷ The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. |
| ⁸ The specified compounds are—The specified compounds are— — chloroform; — bromoform; — dibromochloromethane; — bromodichloromethaneThe parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. | ⁸ The specified compounds are—The specified compounds are— — chloroform; — bromoform; — dibromochloromethane; — bromodichloromethaneThe parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. | ⁸ The specified compounds are—The specified compounds are— — chloroform; — bromoform; — dibromochloromethane; — bromodichloromethaneThe parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. | ⁸ The specified compounds are—The specified compounds are— — chloroform; — bromoform; — dibromochloromethane; — bromodichloromethaneThe parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. | ⁸ The specified compounds are—The specified compounds are— — chloroform; — bromoform; — dibromochloromethane; — bromodichloromethaneThe parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process. |
| (1) | (2) | (3) | (4) | (5) |
| Item | Parameters | Concentration or value (maximum) | Units of measurement | Point of compliance |
| 1. | Acrylamide | 0.10 | µg/1 | ¹ |
| 2. | Antimony | 5.0 | µgSb/1 | Consumers' taps |
| 3. | Arsenic | 10 | µgAs/1 | Consumers' taps |
| 4. | Benzene | 1.0 | µg/1 | Consumers' taps |
| 5. | Benzo(a)pyrene | 0.010 | µg/1 | Consumers' taps |
| 6. | Boron | 1.0 | mgB/1 | Consumers' taps |
| 7. | Bromate | 10 | µgBrO3/1 | Consumers' taps |
| 8. | Cadmium | 5.0 | µgCd/1 | Consumers' taps |
| 9. | Chromium | 50 | µgCr/1 | Consumers' taps |
| 10. | Copper | 2.0 | mgCu/1 | Consumers' taps |
| 11. | Cyanide | 50 | µgCN/1 | Consumers' taps |
| 12. | 1, 2 dichloroethane | 3.0 | µg/1 | Consumers' taps |
| 13. | Epichlorohydrin | 0.10 | µg/1 | ¹ |
| 14. | Fluoride | 1.5 | mgF/1 | Consumers' taps |
| 15. | Lead | 10 | µgPb/1 | Consumers' taps |
| 16. | Mercury | 1.0 | µgHg/1 | Consumers' taps |
| 17. | Nickel | 20 | µgNi/1 | Consumers' taps |
| 18. | Nitrate² | 50 | mgNO3/1 | Consumers' taps |
| 19. | Nitrite² | 0.50 | mgNO2/1 | Consumers' taps |
| 0.10 | Treatment works | |||
| 20. | Pesticides³⁴ | 0.030 | µg/1 | Consumers' taps |
| Aldrin | ||||
| Dieldrin | 0.030 | µg1 | Consumer's taps | |
| Heptachlor | ||||
| Heptachlor epoxide | ||||
| Other pesticides | 0.10 | μg/l | Consumers' taps | |
| 21. | Pesticides: total⁵ | 0.50 | µg/1 | Consumers' taps |
| 22. | Polycyclic aromatic hydrocarbon⁶ | 0.10 | µg/1 | Consumers' taps |
| 23. | Selenium | 10 | µgSe/1 | Consumers' taps |
| 24. | Tetrachloroethene and Trichloroethene⁷ | 10 | μg/l | Consumers' taps |
| 25. | Trihalomethanes: Total⁸ | 100 | µg/1 | Consumers' taps |
| 26. | Vinyl chloride | 0.50 | µg/1 | ¹ |
| (1) | (2) | (3) | (4) | (5) |
| --- | --- | --- | --- | --- |
| Item | Parameters | Concentration or value (maximum) | Units of measurement | Point of compliance |
| 1. | Aluminium | 200 | µgA1/1 | Consumers' taps |
| 2. | Colour | 20 | mg/1 Pt/Co | Consumers' taps |
| 3. | Iron | 200 | µgFe/1 | Consumers' taps |
| 4. | Manganese | 50 | µgMn/1 | Consumers' taps |
| 5. | Odour | Acceptable to consumers and no abnormal change | Consumers' taps | |
| 6. | Sodium | 200 | mgNa/1 | Consumers' taps |
| 7. | Taste | Acceptable to consumers and no abnormal change | Consumers' taps | |
| 8. | Tetrachloromethane | 3 | µg/1 | Consumers' taps |
| 9. | Turbidity | 4 | NTU | Consumers' taps |
SCHEDULE 2 — Indicator parameters
| (1) | (2) | (3) | (4) | (5) |
|---|---|---|---|---|
| Item | Parameters | Specification concentration or value (maximum unless otherwise stated) or state | Units of measurement | Point of compliance |
| (i) The water should not be aggressive. | (i) The water should not be aggressive. | (i) The water should not be aggressive. | (i) The water should not be aggressive. | (i) The water should not be aggressive. |
| (ii) Where treatment to reduce the level of radionuclides in water intended for human consumption has been taken, monitoring must be carried out to ensure the continued efficacy of the treatment. | (ii) Where treatment to reduce the level of radionuclides in water intended for human consumption has been taken, monitoring must be carried out to ensure the continued efficacy of the treatment. | (ii) Where treatment to reduce the level of radionuclides in water intended for human consumption has been taken, monitoring must be carried out to ensure the continued efficacy of the treatment. | (ii) Where treatment to reduce the level of radionuclides in water intended for human consumption has been taken, monitoring must be carried out to ensure the continued efficacy of the treatment. | (ii) Where treatment to reduce the level of radionuclides in water intended for human consumption has been taken, monitoring must be carried out to ensure the continued efficacy of the treatment. |
| (iii) Remedial action may be taken by the Secretary of State on radiological protection grounds without further consideration and deemed to be justified where radon concentrates exceed 1,000 Bq/1. | (iii) Remedial action may be taken by the Secretary of State on radiological protection grounds without further consideration and deemed to be justified where radon concentrates exceed 1,000 Bq/1. | (iii) Remedial action may be taken by the Secretary of State on radiological protection grounds without further consideration and deemed to be justified where radon concentrates exceed 1,000 Bq/1. | (iii) Remedial action may be taken by the Secretary of State on radiological protection grounds without further consideration and deemed to be justified where radon concentrates exceed 1,000 Bq/1. | (iii) Remedial action may be taken by the Secretary of State on radiological protection grounds without further consideration and deemed to be justified where radon concentrates exceed 1,000 Bq/1. |
| (iv) If tritium concentration exceeds its parametric value, an investigation (which may include analysis) of the presence of artificial radionuclides is required. | (iv) If tritium concentration exceeds its parametric value, an investigation (which may include analysis) of the presence of artificial radionuclides is required. | (iv) If tritium concentration exceeds its parametric value, an investigation (which may include analysis) of the presence of artificial radionuclides is required. | (iv) If tritium concentration exceeds its parametric value, an investigation (which may include analysis) of the presence of artificial radionuclides is required. | (iv) If tritium concentration exceeds its parametric value, an investigation (which may include analysis) of the presence of artificial radionuclides is required. |
| (*) May be monitored from samples of water leaving treatment works or other supply point, as no significant change during distribution. | (*) May be monitored from samples of water leaving treatment works or other supply point, as no significant change during distribution. | (*) May be monitored from samples of water leaving treatment works or other supply point, as no significant change during distribution. | (*) May be monitored from samples of water leaving treatment works or other supply point, as no significant change during distribution. | (*) May be monitored from samples of water leaving treatment works or other supply point, as no significant change during distribution. |
| 1. | Ammonium | 0.50 | mgNH4/1 | Consumers’ taps |
| 2. | Chloride[^f01009] | 250 | mgC1/ | Supply point[^f01013] |
| 3. | Clostridium | 0 | Number/100ml | Supply point[^f01013] |
| Perfringens (including spores) | ||||
| 4. | Coliform bacteria | 0 | Number/100ml | Consumers’ taps |
| 5. | Colony counts | No abnormal change | Number/1ml at 22°C | Consumers’ taps, service reservoirs and treatment works |
| 6. | Conductivity[^f01009] | 2500 | μS/cm at 20°C | Supply point[^f01013] |
| 7. | Hydrogen ion | 9.5 (maximum) 6.5 (minimum) | pH value | Consumers’ taps |
| 8. | Indicative dose[^f01010] | 0.10 | mSv | Supply point[^f01013] |
| (a) gross alpha | 0.1 | Bq/1 | Supply point[^f01013] | |
| (b) gross beta | 1 | Bq/1 | Supply point[^f01013] | |
| 9. | Radon[^f01011] | 100 | Bq/1 | Supply point |
| 10. | Sulphate[^f01009] | 250 | mgSO4/l | Supply point[^f01013] |
| 11. | Total organic carbon (TOC) | No abnormal change | mgC/l | Supply point |
| 12. | Tritium (for radioactivity)[^f01012] | 100 | Bq/l | Supply point[^f01013] |
| 13. | Turbidity | 1 | NTU | Treatment works |
SCHEDULE 3 — Monitoring
| (1) | (2) | (3) |
|---|---|---|
| Item | Parameter | Circumstances |
| 1. | Aluminium | When used as flocculant or where the water originates from, or is influenced by, surface waters |
| 2. | Ammonium | |
| 3. | Clostridium perfringens (including spores) | Where the water originates from, or is influenced by, surface waters |
| 4. | Coliform bacteria | |
| 5. | Colony counts | |
| 6. | Colour | |
| 7. | Conductivity | |
| 8. | Escherichia coli (E. coli) | |
| 9. | Hydrogen ion | |
| 10. | Iron | When used as flocculant or where the water originates from, or is influenced by, surface waters |
| 11. | Manganese | Where the water originates from, or is influenced by, surface waters |
| 12. | Nitrate | When chloramination is practised |
| 13. | Nitrite | When chloramination is practised |
| 14. | Odour | |
| 15. | Taste | |
| 16. | Turbidity | |
| ¹ Where the population is not an exact multiple of 5,000, the population figure must be rounded up to the nearest multiple of 5,000. | ¹ Where the population is not an exact multiple of 5,000, the population figure must be rounded up to the nearest multiple of 5,000. | ¹ Where the population is not an exact multiple of 5,000, the population figure must be rounded up to the nearest multiple of 5,000. |
| --- | --- | --- |
| ² Sampling for these parameters may be within water supply zones or at supply points as specified in Table 3, subject to footnotes (iii) and (iv) below. | ² Sampling for these parameters may be within water supply zones or at supply points as specified in Table 3, subject to footnotes (iii) and (iv) below. | ² Sampling for these parameters may be within water supply zones or at supply points as specified in Table 3, subject to footnotes (iii) and (iv) below. |
| ³ Check monitoring in water supply zones is required only where chloramination is practised. In other circumstances audit monitoring is required. | ³ Check monitoring in water supply zones is required only where chloramination is practised. In other circumstances audit monitoring is required. | ³ Check monitoring in water supply zones is required only where chloramination is practised. In other circumstances audit monitoring is required. |
| ⁴ Audit monitoring in water supply zones is required only where sodium hypochlorite is added after water has left the treatment works. In other circumstances, audit monitoring is required at supply points. | ⁴ Audit monitoring in water supply zones is required only where sodium hypochlorite is added after water has left the treatment works. In other circumstances, audit monitoring is required at supply points. | ⁴ Audit monitoring in water supply zones is required only where sodium hypochlorite is added after water has left the treatment works. In other circumstances, audit monitoring is required at supply points. |
| ⁵ To monitor for indicative dose. | ⁵ To monitor for indicative dose. | ⁵ To monitor for indicative dose. |
| ⁶ In the event that a single sample is taken in a year, a further sample should be taken if there is any change in relation to that supply that could affect the concentration of radionuclides in the water supply. | ⁶ In the event that a single sample is taken in a year, a further sample should be taken if there is any change in relation to that supply that could affect the concentration of radionuclides in the water supply. | ⁶ In the event that a single sample is taken in a year, a further sample should be taken if there is any change in relation to that supply that could affect the concentration of radionuclides in the water supply. |
| (1) | (1) | (2) |
| Substances and parameters subject to monitoring | Substances and parameters subject to monitoring | Estimated population of water supply zone |
| Subject to check monitoring | Subject to check monitoring | Subject to check monitoring |
| E. coli | <100 | <100 |
| Coliform bacteria | ≥100 | ≥100 |
| Residual disinfectant | ||
| Aluminium | <100 | <100 |
| Ammonium | 100-4,999 | 100-4,999 |
| Clostridium perfringens | 5,000-9,999 | 5,000-9,999 |
| (including spores) | 10,000-29,999 | 10,000-29,999 |
| Colony counts | 30,000-49,999 | 30,000-49,999 |
| Colour | 50,000-79,999 | 50,000-79,999 |
| Conductivity² | 80,000-100,000 | 80,000-100,000 |
| Hydrogen ion | ||
| Iron | ||
| Manganese | ||
| Nitrate³ | ||
| Nitrite | ||
| Odour | ||
| Taste | ||
| Turbidity | ||
| Subject to audit monitoring | Subject to audit monitoring | Subject to audit monitoring |
| Aluminium | <100 | <100 |
| Antimony | 100-4,999 | 100-4,999 |
| Arsenic | 5,000-100,000 | 5,000-100,000 |
| Benzene² | ||
| Benzo(a)pyrene | ||
| Boron² | ||
| Bromate⁴ | ||
| Cadmium | ||
| Chromium | ||
| Clostridium perfringens | ||
| (including spores) | ||
| Copper | ||
| Cyanide² | ||
| 1,2 dichloroethane² | ||
| Enterococci | ||
| Fluoride² | ||
| Gross alpha²⁵⁶ | ||
| Gross beta²⁵⁶ | ||
| Iron | ||
| Lead | ||
| Manganese | ||
| Mercury² | ||
| Nickel | ||
| Nitrate³ | ||
| Nitrite³ | ||
| Pesticides and related products² | ||
| Polycyclic aromatic hydrocarbons | ||
| Radon²⁶ | ||
| Selenium | ||
| Sodium | ||
| Trichloroethene | ||
| Tetrachloroethene² | ||
| Tetrachloromethane² | ||
| Trihalomethanes | ||
| Chloride² | ||
| Sulphate² | ||
| Total organic carbon² | ||
| Tritium²⁶ | ||
| ¹ Sampling is at treatment works when chloramination is practised. | ¹ Sampling is at treatment works when chloramination is practised. | ¹ Sampling is at treatment works when chloramination is practised. |
| --- | --- | --- |
| ² Check monitoring is required only in respect of surface waters (see regulation 6(2) and Table 1 in Schedule 3). | ² Check monitoring is required only in respect of surface waters (see regulation 6(2) and Table 1 in Schedule 3). | ² Check monitoring is required only in respect of surface waters (see regulation 6(2) and Table 1 in Schedule 3). |
| ³ Audit monitoring at supply points is required only where sodium hypochlorite is not added after water has left the treatment works. In other circumstances, audit monitoring is required in water supply zones. | ³ Audit monitoring at supply points is required only where sodium hypochlorite is not added after water has left the treatment works. In other circumstances, audit monitoring is required in water supply zones. | ³ Audit monitoring at supply points is required only where sodium hypochlorite is not added after water has left the treatment works. In other circumstances, audit monitoring is required in water supply zones. |
| ⁴ Sampling at treatment works when chloramination is not practised. | ⁴ Sampling at treatment works when chloramination is not practised. | ⁴ Sampling at treatment works when chloramination is not practised. |
| ⁵ To monitor for indicative dose. | ⁵ To monitor for indicative dose. | ⁵ To monitor for indicative dose. |
| (1) | (2) | (3) |
| Item | Substances and parameters | Volume of water supplied m³/d |
| 1. | E. coli | <20 |
| 2. | Coliform bacteria | 20–1,999 |
| 3. | Colony counts | 2,000–5,999 |
| 4. | Nitrite¹ | 6,000–11,999 |
| 5. | Residual disinfectant | ≥12,000 |
| 6. | Turbidity | |
| Subject to check monitoring | Subject to check monitoring | Subject to check monitoring |
| 7. | Clostridium perfringens ² | <20 |
| 8. | Conductivity | 20–999 |
| 1,000–1,999 | ||
| 2,000-5,999 | ||
| 6,000-9,999 | ||
| 10,000-15,999 | ||
| 16,000-32,999 | ||
| 33,000-49,999 | ||
| 50,000-67,999 | ||
| 68,000-84,999 | ||
| 85,000-101,999 | ||
| 102,000-119,999 | ||
| 120,000-241,999 | ||
| 242,000–484,999 | ||
| 485,000–728,999 | ||
| Subject to audit monitoring | Subject to audit monitoring | Subject to audit monitoring |
| 9. | Benzene | <20 |
| 10. | Boron | 20–999 |
| 11. | Bromate³ | 1,000–49,999 |
| 12. | Clostridium | 50,000–89,999 |
| Perfringens (including spores) | 90,000–299,999 | |
| 13. | Cyanide | 300,000–649,999 |
| 14. | 1,2 dichloroethane | ≥650,000 |
| 15. | Fluoride | |
| 16. | Indicative dose | |
| 17. | Mercury | |
| 18. | Nitrite⁴ | |
| 19. | Pesticides and related products | |
| 20. | Radon | |
| 21. | Trichloroethene/ | |
| Tetrachloroethene | ||
| 22. | Tetrachloromethane | |
| 23. | Chloride | |
| 24. | Sulphate | |
| 25. | Total organic carbon | |
| 26. | Tritium | |
| 27. | Gross alpha⁵ | |
| 28. | Gross beta⁵ |
SCHEDULE 4 — Monitoring for indicative dose and analytical performance characteristics
Monitoring for compliance with the ID
1
- (1) A water undertaker may use various reliable screening strategies to indicate the presence of radioactivity in water intended for human consumption.
- (2) These strategies may include screening for—
- (a) certain radionuclides, or screening for an individual radionuclide,
- (b) gross alpha activity or gross beta activity screening.
Screening for certain radionuclides or for an individual radionuclide
2
- (1) If one of the activity concentrations exceeds 20% of the corresponding derived value or the tritium concentration exceeds its parametric value listed in Schedule 2, an analysis of additional radionuclides is required.
- (2) In deciding which radionuclides are required to be measured for each supply, a water undertaker must take into account all relevant information about likely sources of radioactivity.
Screening strategies for gross alpha activity and gross beta activity
3
- (1) A water undertaker may use a screening strategy for gross alpha and gross beta to monitor for the parametric indicator value for indicative dose.
- (2) Subject to paragraph (3), the recommended screening values are—
- (a) 0.1Bq/l for gross alpha activity;
- (b) 1.0Bq/l for gross beta activity .
- (3) If the gross alpha activity exceeds 0.1Bq/l or the gross beta activity exceeds 1.0Bq/l, analysis for specific radionuclides is required.
- (4) The Secretary of State may set alternative screening levels for gross alpha activity and gross beta activity where it can be demonstrated by the water undertaker that the alternative levels are in compliance with an ID of 0.1 mSv.
- (5) The radionuclides to be measured must be based on all relevant information about likely sources of radioactivity.
Calculation of the ID
4
- (1) The ID must be calculated from—
- (a) the measured radionuclide concentrations and the dose coefficients referred to as “standard values and relationships” in Article 13, and recommended for the estimation of doses from internal exposure in the definition of “standard values and relationships” in Article 4(96), of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, or
- (b) more recent information recognised by the Secretary of State, on the basis of the annual intake of water (730 litres for adults).
- (2) Where the following formula is satisfied, it can be assumed that the ID is less than the parametric value of 0.1 mSv and no further investigation is required—
$$Σ i = 1 n C i (obs) C i (der) ≤ 1$where—“Ci(obs)” means observed concentration of radionuclide I;“Ci(der)” means derived concentration of radionuclide i;“n” means number of radionuclides detected.$
| ¹ This Table allows only for the radiological properties of uranium, not for its chemical toxicity. | ¹ This Table allows only for the radiological properties of uranium, not for its chemical toxicity. | ¹ This Table allows only for the radiological properties of uranium, not for its chemical toxicity. |
|---|---|---|
| (1) | (2) | (3) |
| Origin | Nuclide | Derived concentration |
| Natural: | U-238¹ | 3.0 Bq/1 |
| U-234¹ | 2.8 Bq/1 | |
| Ra-226 | 0.5 Bq/1 | |
| Ra-228 | 0.2 Bq/1 | |
| Pb-210 | 0.2 Bq/1 | |
| Po-210 | 0.1 Bq/1 | |
| Artificial: | C-14 | 240 Bq/1 |
| Sr-90 | 4.9 Bq/1 | |
| Pu-239/Pu-240 | 0.6 Bq/1 | |
| Am-241 | 0.7 Bq/1 | |
| Co-60 | 40 Bq/1 | |
| Cs-134 | 7.2 Bq/1 | |
| Cs-137 | 11 Bq/1 | |
| 1-131 | 6.2 Bq/1 | |
| (1) | (2) | (3) |
| --- | --- | --- |
| Parameters and radionuclides | Limit of detection (Notes 1, 2) | Notes |
| Tritium | 10 Bq/1 | Note 3 |
| Radon | 10 Bq/1 | Note 3 |
| gross alpha activity | 0.04 Bq/1 | Note 4 |
| gross beta activity | 0.4 Bq/1 | Note 4 |
| U-238 | 0.02 Bq/1 | |
| U-234 | 0.02 Bq/1 | |
| Ra-226 | 0.04 Bq/1 | |
| Ra-228 | 0.02 Bq/1 | Note 5 |
| Pb-210 | 0.02 Bq/1 | |
| Po-210 | 0.01 Bq/1 | |
| C-14 | 20 Bq/1 | |
| Sr-90 | 0.4 Bq/1 | |
| Pu-239/Pu-240 | 0.04 Bq/1 | |
| Am-241 | 0.06 Bq/1 | |
| Co-60 | 0.5 Bq/1 | |
| Cs-134 | 0.5 Bq/1 | |
| Cs-137 | 0.5 Bq/1 | |
| I-131 | 0.5 Bq/1 |
SCHEDULE 5 — Analytical methodology
| (1) Parameter | (2) Method of analysis |
|---|---|
| E. coli and coliform bacteria | EN ISO 9308-1 or EN ISO 9308-2 |
| Enterococci | EN ISO 7899-2 |
| Pseudomonas aeruginosa | EN ISO 16266 |
| Enumeration of culturable microorganisms – colony count 22°c | EN ISO 6222 |
| Enumeration of culturable microorganisms – colony count 36°c | EN ISO 6222 |
| Clostridium perfringens (including spores) | EN ISO 14189 |
| ¹ The method of analysis must determine total cyanide in all forms. | ¹ The method of analysis must determine total cyanide in all forms. |
| --- | --- |
| ² The performance characteristics apply to each individual pesticide and depends on the pesticide concerned. | ² The performance characteristics apply to each individual pesticide and depends on the pesticide concerned. |
| ³ The performance characteristics apply to the individual substances specified at 25% of the parametric value in Part I of Table B in Schedule 1. | ³ The performance characteristics apply to the individual substances specified at 25% of the parametric value in Part I of Table B in Schedule 1. |
| ⁴ The performance characteristics apply to the individual substances specified at 50% of the parametric value in Part I of Table B in Schedule 1. | ⁴ The performance characteristics apply to the individual substances specified at 50% of the parametric value in Part I of Table B in Schedule 1. |
| ⁵ The performance characteristics apply to the prescribed value of 4 NTU. | ⁵ The performance characteristics apply to the prescribed value of 4 NTU. |
| ⁶ The performance characteristics apply to the specification of 1 NTU for water leaving treatment works. | ⁶ The performance characteristics apply to the specification of 1 NTU for water leaving treatment works. |
| (1) | (2) |
| Parameters | Trueness % of prescribed concentration or value or specification |
| Aluminium | 10 |
| Ammonium | 10 |
| Antimony | 25 |
| Arsenic | 10 |
| Benzene | 25 |
| Benzo(a)pyrene | 25 |
| Boron | 10 |
| Bromate | 25 |
| Cadmium | 10 |
| Chloride | 10 |
| Chromium | 10 |
| Colour | 10 |
| Conductivity | 10 |
| Copper | 10 |
| Cyanide¹ | 10 |
| 1,2-dichloroethane | 25 |
| Fluoride | 10 |
| Iron | 10 |
| Lead | 10 |
| Manganese | 10 |
| Mercury | 20 |
| Nickel | 10 |
| Nitrate | 10 |
| Nitrite | 10 |
| Pesticides and related products² | 25 |
| Polycyclic aromatic hydrocarbons³ | 25 |
| Selenium | 10 |
| Sodium | 10 |
| Sulphate | 10 |
| Tetrachloroethene⁴ | 25 |
| Tetrachloromethane | 20 |
| Trichloroethene⁴ | 25 |
| Trihalomethanes: | 25 |
| Total³ | |
| Turbidity⁵ | 10 |
| Turbidity⁶ | 25 |
SCHEDULE 6 — Amendments
| (1) | (2) | (3) | (4) |
|---|---|---|---|
| Regulations to be amended | References | Provisions to be amended | Amendments to be made |
| The Legislative and Regulatory Reform (Regulatory Functions) Order 200731 | S.I. 2007/3544 | Part 2 of the Schedule, under the heading “Water” | For “Water Supply (Water Quality) Regulations 2000” substitute “Water Supply (Water Quality) Regulations 2016” |
| The Water Quality and Supply (Fees) Order 2016 | S.I. 2016/303 | The Schedule | For “Water Supply (Water Quality) Regulations 2000” substitute “Water Supply (Water Quality) Regulations 2016” |
SCHEDULE 7 — Revocations
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