The Water Supply (Water Quality) Regulations (Northern Ireland) 2002
© Crown Copyright 2002 Statutory Rules of Northern Ireland printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Government Printer for Northern Ireland. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Rules of Northern Ireland does not extend to the Government Printer for Northern Ireland imprints which should be removed from any copies of the Statutory Rule which are issued or made available to the public. This includes reproduction of the Statutory Rule on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Rule which is published by the Government Printer for Northern Ireland has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Water Supply (Water Quality) Regulations (Northern Ireland) 2002, ISBN 0 33794388 5. The print version may be purchased by clicking here. Braille copies of this Statutory Rule can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Department of the Environment, in exercise of the powers conferred on it by Articles 3B and 3C of the Water and Sewerage Services (Northern Ireland) Order 1973[1] and, being a department designated[2] for the purposes of Section 2(2) of the European Communities Act 1972[3] in relation to measures relating to the quality of water intended for domestic purposes or for use in food production undertaking in exercise of the powers conferred on it by that section and of every other power enabling it on that behalf, hereby makes the following Regulations: Citation and commencement 1. - (1) These Regulations may be cited as the Water Supply (Water Quality) Regulations (Northern Ireland) 2002. (2) Regulation 1, 2, 25, 27, 28 and 36 shall come into operation on 28th November 2002. (3) Regulations 3 and 37 shall come into operation on 1st June 2003. (4) Regulations 4 and 17 to 24, paragraphs (4) and (5) of regulation 29, and paragraph (1) of regulation 38, shall come into operation on 25th December 2003. (5) All other provisions of these Regulations shall come into operation on 1st January 2004. Interpretation 2. - (1) In these Regulations -
(b) in relation to such an event as is mentioned in regulation 34(8), means the district council and the health and social services board, respectively, in whose area the event occurs;
(b) any excavation into underground strata where the level of water in the excavation depends wholly or mainly on water entering it from the strata;
(b) any organic herbicide; (c) any organic fungicide; (d) any organic nematocide; (e) any organic acaricide; (f) any organic algicide; (g) any organic rodenticide; (h) any organic slimicide, and (i) any product related to any of (a) to (h) (including any growth regulator), and includes their relevant metabolites, degradation and reaction products;
(b) for any of those domestic purposes, to premises in which food is produced;
(b) in relation to water supplied from a tanker, means the point at which the water emerges from the tanker;
(2) Other expressions used both in these
Regulations and in Council Directive 98/83/EC (on the quality of water
intended for human consumption)[7]
have the same meaning in these Regulations as they have in that
Directive.
(b) the compartments that are connected hydraulically shall be treated as a single service reservoir; and (c) unless all of the compartments are connected hydraulically, the structure as a whole shall not be treated as a service reservoir.
Water supply zones 3. - (1) Before the beginning of each year in which it intends to supply water for regulation 4(1) purposes, the Department for Regional Development shall designate the names and areas within its area of supply that are to be its water supply zones for that year. (2) A water supply zone may not comprise an area whose population immediately before the beginning of the year in question is estimated by the Department for Regional Development to exceed 100,000. (3) The Department for Regional Development may not vary a designation under paragraph (1) after the beginning of the year in relation to which the designation has effect. Wholesomeness 4. - (1) Water supplied -
(b) to premises in which food is produced, shall, subject to paragraphs (4) and (5), be regarded as wholesome for
the purposes of Part II of the Order, as it applies to the supply of water
for those domestic purposes, if the requirements of paragraph (2) are
satisfied.
(ii) any substance (other than a parameter listed in Schedule 1), at a concentration or value which would constitute a potential danger
to human health; (3) The point at which the requirements of
paragraph (2), in so far as they relate to the parameters set out in Part
I of Table A and in Table B in Schedule 1 are to be complied with is
-
(b) in any other case, the consumer's tap. (4) Water supplied for regulation 4(1) purposes
shall not be regarded as wholesome for the purposes of Part II of the
Order if, on transfer from a treatment works for supply for those purposes
-
(b) it contains a concentration of nitrite in excess of 0.1mgNO2/1. (5) Subject to paragraph (6), water supplied
for regulation 4(1) purposes shall not be regarded as wholesome for the
purposes of Part II of the Order if, on transfer from a service reservoir
for supply for those purposes, it contains a concentration of the coliform
bacteria or E. coli parameter in excess of the prescribed
concentrations. Interpretation and application of Part IV 5. - (1) In this Part, "audit monitoring" means monitoring for the purpose of obtaining information from which it may be established -
(b) as regards indicator parameters, whether water supplied for regulation 4(1) purposes meets the specifications for those parameters. (2) In this Part, "check monitoring" means
monitoring for the purpose of obtaining information at regular intervals
-
(b) where relevant, as to the effectiveness of drinking-water treatment (particularly of disinfection), for the purpose of determining -
(ii) as regards indicator parameters, whether water supplied for regulation 4(1) purposes meets the specifications for those parameters. Monitoring: general provisions
(b) as regards a parameter so listed in relation to which there is an entry in column (3), check monitoring in the circumstances specified in that column; (c) in any other case, audit monitoring. (3) Where -
(b) is or is likely to be an intermittent short-term supply, samples of water from each tanker from which water is distributed shall
be taken 48 hours after the commencement of the distribution from that
tanker and every 48 hours thereafter until the distribution is
discontinued.
(b) contains levels of tritium that are well below the specification, the Department shall notify the Department for Regional Development
that the total indicative dose parameter (item 8 in Schedule 2) or, as the
case may be, the tritium parameter (item 11 in that Schedule), need not be
monitored.
(b) withdraw a notice under paragraph (7) given in relation to the tritium parameter if it believes that water supplied to the zone in question for regulation 4(1) purposes contains levels of tritium that are not well below the specification. (9) Should the Department for Regional
Development receive a notice under paragraph (8) it shall monitor the
total indicative dose parameter or, as the case may be, the tritium
parameter in accordance with the notice having effect for the time being
under paragraph (6).
(b) the water leaving any service reservoir which receives water from a treatment works before its supply to any consumer; and (c) the water leaving any treatment works, will produce data in respect of the parameters specified as items 7, 8
and 9 to 25 in column (1) of Table 3 in Schedule 3 which are unlikely to
differ in any material respect from the data that would be produced in
respect of those parameters from analysis of samples obtained from
sampling points, hereby authorises the use for the purposes of regulation
6 of samples in relation to those parameters taken for a water supply zone
from a blending point, a service reservoir of that description or a
treatment works.
(b) to the extent authorised by or under regulation 8, from its supply points, the standard number of samples for analysis as regards residual
disinfectant and each parameter listed in column (1) of Table 2 in
Schedule 3 or, as the case may be, Table 3 in that
Schedule.
(b) in each of two successive years the results of samples taken, subject to paragraph (3), in accordance with these Regulations show no significant variation and -
(ii) if the parameter is hydrogen ion (item 8 in Table 1), have established a pH value that is not less than 6.5 and not more than 10.0; (iii) in any other case, have established a concentration or value for that parameter that is significantly lower than the prescribed concentration or value, or specification, the number of samples to be taken in the following year for that
parameter may be the reduced number. (3) Where the following year is 2004, paragraph
(2)(b) shall apply as if for "these Regulations" there were substituted
"the 1994 Regulations"; and where the following year is 2005, paragraph
(2)(b) shall apply as if before "these Regulations" there were inserted
"the 1994 Regulations and".
(b) in relation to supply points, each of the parameters specified as items 7, 8 and 9 to 25 in column (1) of Table 3 in Schedule 3, and the supply of a volume of water within one of the ranges shown in column (3) of that Table, "the standard number" and "the reduced number" means, subject to sub-paragraph (c), the number shown in column (5) and column (4), respectively, of that Table as applicable to that parameter by reference to a volume supplied within that range; and (c) where a particular supply point is in use for part only of a year, "the standard number" and "the reduced number" means the number that bears to the number shown in column (5) and column (4), respectively, of Table 3, the same proportion as the number of days in that year in which the supply point has been in use bears to 365. Sampling: further provisions
(b) if a departure has been authorised under Part VI, those provisions as read with the terms of that authorisation, it shall take, or cause to be taken, sufficient samples from water
within that zone (whether from a service reservoir, a treatment works or
otherwise) in respect of that element, organism or substance, in order to
establish whether that water is wholesome. Interpretation of Part V 11. In this Part, in relation to residual disinfectant or a parameter specified as item 1, 2, 3, 4 or 6 in column (1) of Table 3 in Schedule 3, and the supply of a volume of water within one of the ranges shown in column (3) of that Table, "the standard number" and "the reduced number" means the number shown in column (5) and column (4), respectively, of that Table as applicable to residual disinfectant or the parameter in question by reference to a volume of water within that range. Sampling for particular substances and parameters 12. For the purposes of establishing the quality of water to be supplied to any of its water supply zones, the Department for Regional Development shall take, or cause to be taken, and analyse, or cause to be analysed, not less than the number of samples specified in this Part. Sampling at treatment works 13. - (1) Subject to paragraphs (2), (4) and (6), in each year the Department for Regional Development shall take, or cause to be taken, from the point at which water leaves each treatment works which serves its water supply zones, the standard number of samples for analysis -
(b) for determining whether, in relation to the colony counts and turbidity parameters, water leaving treatment works meets the specifications for those parameters set out in Schedule 2; and (c) for testing for compliance with the prescribed concentrations or values in respect of the coliform bacteria, E. coli, and nitrite parameters for water leaving treatment works. (2) Where in each of two successive years the
results of the analysis of samples taken, subject to paragraph (3), in
accordance with these Regulations have established -
(b) in respect of the turbidity parameter, that the specification has been met; (c) in respect of the colony counts parameter, that there has been no significant increase, the number of samples to be taken in respect of that parameter in the
next following year from the point at which water leaves that treatment
works may, subject to paragraph (4), be the reduced
number.
(b) where the following year is 2005, as if before "these Regulations" there were inserted "the 1994 Regulations and". (4) In respect of the coliform bacteria
parameter and the E. coli parameter, the reduced number of samples
may be taken in accordance with paragraph (2) only if the Department for
Regional Development is of the opinion -
(b) that the treatment works is designed to secure that, in the event of a failure of the disinfection process, water that has not been disinfected cannot enter the supply. (5) Samples required to be taken by this
regulation shall be taken at regular
intervals.
(b) for determining the concentration of residual disinfectant; and (c) for determining whether the specification in relation to the colony counts parameter is met. Sampling: new sources
(b) any source which has been so used but not so used for a period of six months preceding the date on which the Department for Regional Development proposes to supply water from it. (2) The Department for Regional Development
shall -
(b) as soon as is reasonably practicable after it has begun to supply water from a source mentioned in paragraph (1)(b), take, or cause to be taken, in accordance with paragraph (3), such
samples of that water as will enable it to establish -
(bb) the treatment necessary to ensure that Article 3A(1) of the Order is complied with in relation to the supply of that water. (3) Samples shall be taken -
(ii) any other element, organism or substance which, in the opinion of the Department for Regional Development, may cause the supply to contravene Article 3A(1) of the Order; (b) in the case of a source mentioned in paragraph (1)(b), in respect
of -
(ii) the conductivity, hydrogen ion and turbidity parameters; and (iii) any other parameter as regards which the Department for Regional Development is of the opinion that its concentration or value is likely to have altered since the last occasion on which water from that source was analysed. Collection and analysis of samples
(b) the sample is not contaminated when being taken; (c) the sample is kept at such temperature and in such conditions as will secure that there is no material alteration of the concentration or value for the measurement or observation of which the sample is intended; (d) the sample is analysed as soon as may be after it has been taken -
(ii) with the use of such equipment as is suitable for the purpose; (e) any laboratory at which samples are analysed has a system of
analytical quality control that is subjected from time to time to
checking by a person who is -
(ii) approved by the Department for that purpose. (3) For the purposes of paragraph (2)(e),
"laboratory" means a person who undertakes the analysis of samples for the
purposes of this Part, whether at the time and place at which the samples
are taken or otherwise.
(b) the method of analysis used for a parameter specified in column (1) of Table A2 in that Schedule must be capable, at the time of use -
(ii) of detecting the parameter at the limit of detection specified in relation to that parameter in column (4) of that Table; (c) the method of analysis used for determining compliance with the
hydrogen ion parameter must be capable, at the time of use, of measuring
concentrations equal to the parametric value with a trueness of 0.2 pH
unit and a precision of 0.2 pH unit; and (6) For the purposes of paragraph (5) -
(b) five times the relative within batch standard deviation of a blank sample;
(7) Subject to paragraph (9), the Department
may, on the application of any person, authorise a method of analysis
other than that specified in paragraph (5)(a) ("the prescribed
method").
(b) the results of the tests carried out to demonstrate the reliability of that method and its equivalence to the prescribed method. (9) The Department shall not authorise the use
of the method proposed in the application unless it is satisfied that the
results obtained by the use of that method are at least as reliable as
those produced by the use of the prescribed
method. Investigations: Schedule 1 parameters 17. - (1) Subject to paragraph (3), where the Department for Regional Development has reason to believe that water supplied by it for regulation 4(1) purposes -
(b) is to be regarded as unwholesome by virtue of paragraph (4) of that regulation; or (c) if paragraph (6) of that regulation were ignored, would be regarded as unwholesome by virtue of paragraph (5) of that regulation, the Department for Regional Development shall immediately take such steps as are necessary to identify the matters specified in paragraph (2). (2) The matters referred to in paragraph (1)
are -
(b) the Schedule 1 parameters in respect of which the prescribed concentration or value has not been, or is unlikely to be, achieved; and (c) in relation to each parameter so identified, whether the failure, or apprehended failure, to achieve the prescribed concentration or value is attributable -
(ii) to the maintenance of that system; or (iii) to neither of those matters. (3) Where a departure has been authorised under
Part VI -
(b) if the Department for Regional Development has reason to believe that water supplied by it for regulation 4(1) purposes fails, or is likely to fail, to satisfy the concentration or value required by the authorisation in relation to any Schedule 1 parameter, shall immediately take such steps as are necessary to identify the matters specified in paragraph (4). (4) The matters referred to in paragraph (3)
are -
(b) the Schedule 1 parameters in respect of which the required concentration or value has not been, or is unlikely to be, achieved; and (c) in relation to each parameter so identified, whether the failure, or apprehended failure, to achieve that concentration or value is attributable -
(ii) to the maintenance of that system; or (iii) to neither of those matters. (5) As soon as may be after the matters
specified in paragraph (2) or (4), as the case may be, have been
identified, the Department for Regional Development shall notify the
Department -
(b) in relation to each parameter identified in accordance with paragraph (2)(b) or (4)(b), whether it is the opinion of the Department for Regional Development that a failure in respect of that parameter is likely to recur; and (c) of the action (if any) taken by the Department for Regional Development in relation to a failure which is attributable to the domestic distribution system or the maintenance of that system. (6) Where the Department for Regional
Development has identified a failure attributable to the domestic
distribution system or to the maintenance of that system, it shall, at the
same time as notification is given under paragraph (5) -
(ii) who are likely to be affected by the failure, inform them of the nature of the failure and provide details of the
steps (if any) that, in the opinion of the Department for Regional
Development, it is necessary or desirable for those consumers to take in
the interests of their health; and (7) If the Department for Regional Development
has complied with the requirements of paragraphs (5) and (6) it need not,
in respect of the same failure or apprehended failure, comply with the
requirements of regulation 34(9).
(b) the indicator parameters in respect of which the specifications are not met; and (c) if the specification for the coliform bacteria or colony count parameter (items 4 and 5 in Schedule 2) is not met, whether the inability to meet that specification is attributable -
(ii) to the maintenance of that system; or (iii) to neither of those matters. (2) As soon as may be after the matters
specified in paragraph (1) have been identified, the Department for
Regional Development shall notify the Department -
(b) in relation to each parameter identified in accordance with paragraph (1)(b), whether it is the opinion of the Department for Regional Development that a recurrence of the inability to meet the specification in respect of that parameter is likely. (3) Where, in a case to which paragraph (1)(c)
applies, the inability to meet the specification has been identified as
attributable to the domestic distribution system or to the maintenance of
that system, the Department for Regional Development shall, at the same
time as notification is given under paragraph (2) -
(ii) who are likely to be affected, inform them of the nature of the problem and provide details of the
steps (if any) that, in the opinion of the Department for Regional
Development, it is necessary or desirable for those consumers to take in
the interests of their health; and (4) Where such an inability as is mentioned in
paragraph (3) is, in the opinion of the Department for Regional
Development, likely to affect the supply of water to the public in
premises in which water is so supplied, it shall, at the same time as
notice is given under paragraph (2), notify such persons as the Department
may determine for the purposes of this paragraph of the matters of which
notice is given to consumers in accordance with paragraph
(3)(a).
(ii) that the failure is not attributable to the domestic distribution system or the maintenance of that system; and (b) it appears to the Department that the failure is not trivial and
is likely to recur, the Department may, by notice in writing to the Department for Regional
Development, require that Department to seek a departure in accordance
with regulation 20.
(ii) that the failure is not attributable to the domestic distribution system or the maintenance of that system; and (b) it appears to the Department that the failure in respect of that
parameter is not trivial and is likely to recur, the Department shall consider whether the terms of the authorisation
under regulation 20 should be modified.
(b) the Department considers that the inability poses a risk to human health, it may, by notice in writing to the Department for Regional
Development, require that Department to take such steps as may be
determined by it and specified in the
notice.
(b) the supply of water by the Department for Regional Development in any of its water supply zones. (2) The Department shall not authorise a
departure under paragraph (1) unless it is satisfied -
(b) that a supply of water for those purposes cannot be maintained in that zone by any other reasonable means; and (c) that the supply of water in accordance with the authorisation does not constitute a potential danger to human health. (3) The Department for Regional Development
shall provide with its application -
(ii) of the water supply zone in respect of which the authorisation is sought; (iii) of the parameters in respect of which the prescribed concentration or value cannot be met; (iv) in respect of each parameter to which paragraph (iii) applies, of the results of the analysis of the samples taken in the water supply zone in question during the 12 months immediately preceding the first day on which the prescribed concentration or value could not be met; (v) in respect of each parameter to which paragraph (iii) applies, of the results of the analysis of the samples (if any) taken in the water supply zone in question between the first day on which the prescribed concentration or value could not be met and the date of the application; (vi) of the average daily quantity of water supplied to that zone or, if that quantity cannot readily be ascertained, of the average daily quantity of water supplied from the treatment works that supplies water to that zone; (vii) of the estimated population of that zone; (viii) as to whether, if a departure were authorised in the terms sought, any relevant food-production undertaking would be affected; (ix) of the period for which the authorisation is sought; and (x) of the reasons why the supply cannot be maintained by other reasonable means; (b) a scheme for monitoring the quality of water supplied in the zone
during the period for which the authorisation is sought; and
(ii) an estimate of the cost of the work; and (iii) provisions for reviewing the progress of the work and for reporting the result of the review to the Department. (4) At the same time as it makes an application
for an authorisation under paragraph (1), the Department for Regional
Development shall serve on -
(b) every appropriate health and social services board, a copy of the application and of the statement, scheme and summary
referred to in paragraph (3).
(ii) every water supply zone in respect of which it is granted; (iii) the extent to which a departure from the prescribed concentration or value of any parameter is authorised; (iv) in respect of each parameter to which paragraph (iii) applies, the results of the analysis of the samples taken in each water supply zone in question during the 12 months immediately preceding the first day on which the prescribed concentration or value could not be met; (v) in respect of each parameter to which paragraph (iii) applies, the results of the analysis of the samples (if any) taken in each water supply zone in question between the first day on which the prescribed concentration or value could not be met and the date of the application; (vi) the average daily quantity of water supplied from each of those zones or, if that quantity cannot readily be ascertained, the average daily quantity of water supplied from the treatment works that supplies water to that zone; (vii) the estimated population of each of those zones; (viii) whether or not any relevant food-production undertaking would be affected; and (ix) the departure period; and (b) shall require the implementation of a scheme for monitoring the
quality of water supplied in each of those zones during the departure
period (which may be, but need not be, the scheme submitted in
accordance with regulation 20(3)(b)); and
(ii) an estimate of the cost of the work; and (iii) provisions for reviewing the progress of the work and for reporting to it the result of the review; and (e) shall require the taking of such steps as may be specified to
give to the population within the water supply zones to which the
authorisation applies and, in particular, to those groups of that
population for which the supply of water in accordance with the
authorisation could present a special risk, advice as to the measures
(if any) that it would be advisable in the interests of their health for
persons within that population or those groups to take for the whole or
any part of the departure period. (4) Where the Department is of the opinion
-
(b) that 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, the particulars to be specified in the authorisation shall be those
required by paragraph (3)(a) (iii) and (ix), and sub-paragraphs (b) to (e)
of that paragraph shall not apply.
(b) to particular water supply zones or to zones of particular descriptions. Publicity for authorisations
(ii) in a case to which paragraph (4) of regulation 21 applies, and if the Department so requires, a notice containing a statement of the matters specified in paragraph (3)(a)(ii), (iii) and (ix) of that regulation; (b) give such other public notice of the authorisation and of its
terms and conditions as the Department may, by notice in writing to the
Department for Regional Development, reasonably require. Revocation and modification of
authorisations
(b) the appropriate district council; and (c) the appropriate health and social services board, but it may revoke or modify an authorisation without notice if it
appears to it that immediate revocation or modification is required in the
interests of public health. Interpretation of Part VII 25. In this Part -
Treatment of raw water
(b) that there is no such risk. (3) Where the risk assessment carried out by
the Department for Regional Development under paragraph (1) establishes
that there is a significant risk at a water treatment works for
Cryptosporidium then the Department for Regional Development shall
-
(b) take measures, as agreed with the Department, to reduce the risk of Cryptosporidium to low as indentified by the risk assessment carried out in accordance with paragraph 3.7 of the Guidance for Cryptosporidium. Procedure following risk assessment
(b) requires the Department for Regional Development, by a date specified in the notice, to carry out a further risk assessment and submit to it a report of that assessment, and the Department for Regional Development shall comply with the
requirement by the date specified.
(b) contain a concentration of lead in excess of 10µg/litre, the Department for Regional Development shall, subject to paragraph
(3), treat the water in such a way as will, in its opinion, eliminate the
prescribed risk or reduce it to a
minimum.
(b) if treatment is not reasonably practicable. (4) Where at any time in the period beginning
with 25th December 2003 and ending immediately before 25th December 2013,
the Department for Regional Development -
(b) has received from the owner of premises to which water is so supplied notice in writing -
(ii) of his desire that the Department for Regional Development replaces the remainder of the pipe, the Department for Regional Development shall modify or replace its
part of the pipe. (5) This paragraph applies to a pipe -
(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) which belongs, as to part, to the Department for Regional Development and, as to the remainder, to the owner of any premises to which the Department for Regional Development supplies water for regulation 4(1) purposes. Application and introduction of substances and
products
(2) Subject to paragraph (3), the Department
for Regional Development shall 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 it has been approved by the Secretary of
State under regulation 31(4) of the Water Supply (Water Quality)
Regulations 2000[14].
(b) an appropriate British Standard or some other national standard of an EEA State which provides an equivalent level of protection and performance, may be applied or introduced, notwithstanding that it has not been
approved by the Secretary of State under regulation 31(4) of the Water
Supply (Water Quality) Regulations 2000, but any such application or
introduction shall be subject to -
(ii) such other requirements, within the meaning of Council Directive 98/34/EC, as amended[15] (which lays down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services), in relation to such substances and products, as have been communicated to the Commission in the form of a draft technical regulation in accordance with Article 8 of that Directive, and whose adoption by a Member State has also been communicated to the Commission. Use of processes
(b) modify any condition imposed by virtue of paragraph (2); or (c) prohibit the Department for Regional Development from using any process, unless it has given to the Department for Regional Development at least six months' notice in writing of its intention to revoke, modify or prohibit, as the case may be. (4) Paragraph (3) shall not apply in any case
in which the Department is of the opinion that the immediate revocation,
modification or prohibition is necessary in the interests of public
health.
(b) on conviction on indictment, to a fine. (2) The Department of Regional Development may
recover from a person convicted of an offence under paragraph (1) expenses
reasonably incurred by it in carrying out works of repair or
reinstatement, necessitated by his
action. Maintenance of records 33. - (1) The Department for Regional Development shall prepare and maintain, in respect of each of its water supply zones, a record containing -
(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 VI which applies to water supplied in the zone; (e) particulars of the action taken or required to be taken by the Department for Regional Development to comply with -
(ii) any notice under regulation 19(3); (f) particulars of the result of any analysis of samples taken in
accordance with Part IV or any of regulations 12 to 14 and 27(3)(a);
and (2) The Department for Regional Development
shall make -
(b) entries in respect of the matters mentioned in paragraph (1)(e)(i), where relevant, and (1)(e)(ii) within 28 days of the date of the authorisation and notice respectively; and (c) entries relating to the results of the analysis of samples within 28 days of the day on which the result is first known to the Department for Regional Development. (3) Without prejudice to paragraph (2) the
Department for Regional Development shall at least once in each year
review and bring up to date the record required to be kept by paragraph
(1).
(b) of information mentioned in any other sub-paragraph of that paragraph at any time more than five years after the date on which the information was first entered in the record. Provision of information
(b) in any other case, on payment of such reasonable charge as the Department for Regional Development may determine. (3) The Department for Regional Development
shall not later than the 31st March 2005 and not later than 31st March
each year thereafter supply such information requested by the Department,
in relation to the general quality of water supplied in each water
treatment works, service reservoir and water supply zone in the preceding
year.
(b) in respect of each service reservoir, and every other supply point (other than a treatment works), from which water was so supplied, the particulars referred to in paragraph (6); (c) in respect of -
(ii) each parameter and residual disinfectant, the particulars referred to in paragraph (7); and
(ii) any notice under regulation 19(3). (5) The particulars referred to in this
paragraph are -
(b) the result of any analysis of samples taken in the preceding year in accordance with Part IV or regulations 12, 13 and 27(3)(a); (c) in relation to those samples and each parameter other than an indicator parameter -
(ii) if at the time that samples were taken a departure had been authorised in respect of that parameter, the number and percentage of samples which exceeded the concentration or value specified in the authorisation; (d) in respect of each indicator parameter, the number and percentage
of the samples taken in the preceding year which did not meet the
specification for that parameter; (6) The particulars referred to in this
paragraph are -
(b) the result of any analysis of samples taken in the preceding year in accordance with Part IV, regulation 12 or regulation 14; (c) in relation to those samples and each parameter other than an indicator parameter -
(ii) if at the time that samples were taken a departure had been authorised in respect of that parameter, the number and percentage of samples which exceeded the concentration or value specified in the authorisation; (d) in respect of each indicator parameter, the number and percentage
of the samples taken in the preceding year which did not meet the
specification for that parameter; (7) The particulars referred to in this
paragraph are -
(b) the result of any analysis of samples taken in the preceding year in accordance with Part IV; (c) in relation to those samples and each parameter other than an indicator parameter -
(ii) if at the time that samples were taken a departure had been authorised in respect of that parameter, the number and percentage of samples which exceeded the concentration or value specified in the authorisation; (d) in respect of each indicator parameter, the number and percentage
of the samples taken in the preceding year which did not meet the
specification for that parameter; (8) As soon as may be after the occurrence of
any event which, by reason of its effect or likely effect on the water
supplied by the Department for Regional Development, gives rise or is
likely to give rise to a significant risk to the health of persons
residing in the area of a district council or a health and social services
board, the Department for Regional Development shall notify each such
authority of the occurrence.
(b) a statement of the number of its water supply zones for the year; (c) in respect of water supplied from its treatment works, the particulars referred to in paragraph (4); (d) in respect of its service reservoirs and other supply points (other than treatment works), the particulars referred to in paragraph (5); (e) in respect of its water supply zones, the particulars referred to in paragraph (6); (f) a statement of the action taken by the Department for Regional Development during the year to comply with -
(ii) any notice under regulation 19(3); (g) a statement that any person may, free of charge, inspect the
records of water quality kept by the Department for Regional Development
in accordance with regulation 33; and (2) A report under paragraph (1) may include
such other information as the Department for Regional Development thinks
fit.
(b) in relation to those samples and each parameter other than an indicator parameter -
(ii) if at the time that samples were taken a departure had been authorised in respect of that parameter, the number and percentage of samples which exceeded the concentration or value specified in the authorisation; (c) the number and percentage of treatment works at which samples of
the descriptions mentioned in paragraphs (i) and (ii) of sub-paragraph
(b) were produced; (5) The particulars referred to in this
paragraph are -
(b) in relation to those samples -
(ii) if at the time that they were taken a departure had been authorised, the number and percentage which exceeded the concentration or value specified in the authorisation; (c) the number and percentage of service reservoirs, and other supply
points (other than treatment works), at which samples of the
descriptions mentioned in paragraphs (i) and (ii) of sub-paragraph (b)
were produced; (6) The particulars referred to in this
paragraph are -
(b) in relation to those samples and each parameter other than an indicator parameter -
(ii) if at the time that samples were taken a departure had been authorised in respect of that parameter, the number and percentage of samples which exceeded the concentration or value specified in the authorisation; (c) the number and percentage of water supply zones at which samples
of the descriptions mentioned in paragraphs (i) and (ii) of
sub-paragraph (b) were produced;
Amendment of the Water Quality Regulations (Northern Ireland) 1994 36. The 1994 Regulations shall be amended, with effect from 28th November 2002, in accordance with Schedule 5. Transitional provision: authorisations 37. - (1) If the Department for Regional Development -
(b) has reason to believe that water so supplied will not satisfy the requirements of Part III, it may apply to the Department for an authorisation under this
regulation.
(b) that references in any provision specified or referred to in sub-paragraph (a) to an authorisation under regulation 20 (in whatever terms) were references to an authorisation under this regulation. (4) On and after 25th December 2003, an
authorisation under this regulation shall have effect for the purposes of
these Regulations as an authorisation under regulation
20.
(b) regulation 21 of the Private Water Supplies Regulations (Northern Ireland) 1994[16], shall be revoked.
(b) regulation 8(1) of the Surface Waters (Abstraction for Drinking Water) (Classification) Regulations (Northern Ireland) 1996[17], and (c) regulations 36 and 37 of, and Schedule 5 to, these Regulations shall be revoked.
Part I: Directive requirements
Note: *Where water is supplied from a tanker see regulation 4(3)(a) Part II: National requirements
Note: **Compliance required as to 95% of samples taken for coliform bacteria from each service reservoir (regulation 4(6)). Part I: Directive requirements
Notes: (i) 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. (ii) See also regulation 6(6). (iii) See also regulation 4(2)(d). (iv) See the definition of "pesticides and related products" in regulation 2. (v) The parametric value applies to each individual pesticide. (vi) "Pesticides: Total" means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring procedure. (vii) The specified compounds are:
- 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.
- bromoform - dibromochloromethane - bromodichloromethane. The parametric value applies to the sum of the concentrations of the
individual compounds detected and quantified in the monitoring
process.
Notes: (i) The water should not be aggressive. (ii) Excluding tritium, potassium-40, radon and radon decay products. * May be monitored from samples of water leaving treatment works or other supply point, as no significant change during distribution. TABLE 1. PARAMETERS AND CIRCUMSTANCES FOR CHECK MONITORING
TABLE 2. ANNUAL SAMPLING FREQUENCIES: WATER SUPPLY ZONES
Notes: * Sampling for these parameters may be within water supply zones or at supply points as specified in Table 3, subject to notes (ii) and ((iii)) below. (i) Where the population is not an exact multiple of 5,000, the population figure should be rounded up to the nearest multiple of 5,000. (ii) Check monitoring in water supply zones is required only where chloramination is practised. In other circumstances audit monitoring is required. (iii) 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. (iv) To monitor for total indicative dose (for radioactivity). TABLE 3. ANNUAL SAMPLING FREQUENCIES: TREATMENT WORKS OR SUPPLY POINTS*
Notes: * Sampling is at treatment works for the substances and parameters shown in column (1) of the Table as items 1 to 6 and at supply points for the other substances and parameters, except nitrite, subject to notes (ii) and (iii); (i) Check monitoring is required only in respect of surface waters (see regulation 6(2) and Table 1 in Schedule 3). (ii) Sampling at treatment works when chloramination is practised. (iii) Sampling at treatment works when chloromination is not practised. (iv) 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. (v) To monitor for total indicative dose (for radioactivity). TABLE A1. PARAMETERS FOR WHICH, SUBJECT TO REGULATION 16(7), METHODS OF ANALYSIS ARE PRESCRIBED
TABLE A2. PARAMETERS IN RELATION TO WHICH METHODS OF ANALYSIS MUST SATISFY PRESCRIBED CHARACTERISTICS
Notes: (i) The method of analysis should determine total cyanide in all forms. (ii) The performance characteristics apply to each individual pesticide and will depend on the pesticide concerned. (iii) The performance characteristics apply to the individual substances specified at 25% of the parametric value in Part I of Table B in Schedule 1. (iv) The performance characteristics apply to the individual substances specified at 50% of the parametric value in Part I of Table B in Schedule 1. (v) The performance characteristics apply to the prescribed value of 4 NTU. (vi) The performance characteristics apply to the specification of 1 NTU for water leaving treatment works. The amendments to the 1994 Regulations referred to in regulation 36 are -
13A. - (1) Subject to paragraphs (5) and (6), in each of the years 2002 and 2003, the Department for Regional Development shall take, or cause to be taken, from its sampling points or, as the case may be, its supply points, for analysis for testing against the concentrations and values specified in column (2) of Table 4A for the organisms and substances listed in column (1) of that Table, not less than the number of samples specified in paragraphs (2) and (3). (2) In respect of supply points and the supply of a volume of water within a range shown in column (3) of that Table, the number is that shown in column (4) of that Table with the prefix "S" as applicable to a volume within that range. (3) In respect of sampling points and the supply of water to an estimated population within a range shown in column (5) of that Table, the number is that shown in column (6) of that Table with the prefix "S" as applicable to a population within that range. (4) In each of those years samples shall be taken at regular intervals throughout the year. (5) Where analysis of the samples taken by the Department for Regional Development in 2002 in accordance with this regulation has established a concentration or value in respect of an organism or substance listed in column (1) of Table 4A that is significantly lower than the prescribed concentration or value, the number of samples to be taken in 2003, respectively, for analysis for testing for that organism or substance, may be the number shown in column (4) or, as the case may be, column (6) of that Table with the prefix "R".";
19A. The samples taken in accordance with regulation 13 shall additionally be tested against the concentrations specified in column (2) of Table 4B.";
(ii) the addition, at the end, of the following -
20A. - (1) The method of analysis used for testing for a parameter or other substance listed in column (1) of Table 4B against the concentrations in column (2) of that Table must be capable, at the time of use -
(b) of detecting the parameter or substance at the limit of detection specified in relation to it in column (5) of that Table. (2) For the purposes of paragraph (1)
-
(b) five times the relative within batch standard deviation of a blank sample;
(f) the insertion, after Table 4 in Schedule 3, of the following Tables - TABLE 4A. SAMPLING FOR PARTICULAR ORGANISMS AND SUBSTANCES
* Where the water originates from, or is influenced by, surface
waters
* Trueness, precision and limit of detection apply to the individual substances specified at 50% of the concentration in column (2).". (This note is not part of the Regulations.) These Regulations supplement the Water and Sewerage Services (Northern Ireland) Order 1973 (the Order), amend, for a limited period, the Water Quality Regulations (Northern Ireland) 1994 (the 1994 Regulations) and, on 1st January 2004, revoke and replace those Regulations. They are primarily concerned with the quality of water supplied in Northern Ireland for drinking, washing, cooking and food preparation, and for food production, and with arrangements for the publication of information about water quality. The Regulations are directed at the achievement of the objective set out in Article 2 of Council Directive 98/83/EC (O.J. No. L 330, 5.12.98, p. 32) ("the 1998 Directive"), namely, to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean. In particular, effect is given in Part III of the Regulations to Articles 4 and 5 of the 1998 Directive which relate to the quality of water intended for human consumption and, in Part V, to Article 7 (monitoring) of that Directive. Part I of the Regulations (regulations 1 and 2) defines terms that are used in the Regulations. Part II (regulation 3) requires the Department for Regional Development to identify annually the areas ("water supply zones") that are to be relevant for a particular year for the purposes of the application of provisions of the Regulations. A water supply zone may not comprise an area in which the estimated population exceeds 100,000. The Department for Regional Development may not alter the boundaries of water supply zones during the year. Part III (regulation 4) prescribes standards of wholesomeness in respect of water that is supplied by the Department for Regional Development for cooking, drinking, food preparation and washing and other domestic purposes and to premises for food production purposes. These various purposes are referred to in the Regulations as "regulation 4(1) purposes". In particular, regulation 4 provides that water is to be regarded as wholesome if it contains concentrations or values in respect of various properties, elements, organisms and substances that do not contravene prescribed maximum and, in some cases, minimum concentrations or values. Some of the prescribed maximum and minimum concentrations and values are specified in regulation 4, but most are included in Tables A and B which appear in Schedule 1 to the Regulations. They include the values specified in Parts A and B of Annex 1 to the 1998 Directive. There are also specifications for indicator parameters in Schedule 2. Part IV (regulations 5 to 10) provides for the monitoring of water supplies by reference to the analysis of samples. Regulation 5 defines two monitoring regimes; "audit" monitoring and "check" monitoring. Regulation 6 requires the Department for Regional Development to take a minimum number of samples each year in respect of a variety of properties, elements, organisms and substances. It also makes special provision for monitoring supplies from tankers. Regulation 7 requires the Department for Regional Development to select at random the consumers' taps from which samples are to be taken. Regulation 8 authorises the taking of samples from points other than consumers' taps ("supply points") and allows the Department to authorise other supply points. Regulation 9 deals with the number of samples to be taken. These are specified in Tables 1 and 2 in Schedule 3 to the Regulations, and are not less than those specified in Annex II to the 1998 Directive. Regulation 10 requires samples to be taken where the Department for Regional Development have reason to believe that the quality of the water within their water supply zone has been adversely affected by the presence of certain elements, organisms or substances. Part V (regulations 11 to 16) contains additional provisions relating to sampling. Regulations 13 and 14 require samples to be taken in respect of particular organisms and substances, at treatment works and at reservoirs which store treated water. Regulation 15 requires samples to be taken before water is supplied from new sources and from sources which have not recently been used. Regulation 16 prescribes requirements relating to the taking, handling, storage, transport and analysis of samples. Part VI (regulations 17 to 24) provides for the investigation of every failure to satisfy a concentration, value or state prescribed by regulation 4 and for a report to be made to the Department. Where a failure relates to a Table B parameter, and certain other conditions are met, the Department may require the Department for Regional Development to apply to it for an authorisation allowing a departure from the requirements of Part III, as regards that parameter. The circumstances in which such authorisations may be issued, and the conditions to which they are subject are contained in regulations 21 and 22, respectively. (Article 9 of the 1998 Directive permits derogations from the parametric values). Provision is made in regulation 23 for publicising authorisations. Regulation 24 provides for the modification and withdrawal of authorisations. Part VII (regulations 25 to 32) deals with the treatment of water and regulates the substances, processes and products that may be used by the Department for Regional Development in connection with the supply of water. Regulation 26 imposes requirements relating to the disinfection of water and imposes additional requirements for the treatment of surface water. It prohibits the abstraction for the supply of drinking water of waters below category A3, as required by Council Directive 75/440/EEC (quality required of surface water intended for the abstraction of drinking water). Regulations 27 and 28 relate specifically to cryptosporidium. Regulation 27 provides for the carrying out of risk assessments. Regulation 28 provides the procedures following risk assessments. Regulation 29 makes provision for securing the elimination or reduction to a minimum of the risk that water will be contaminated after supply by excessive concentrations of copper or lead. Regulation 30 specifies the circumstances in which the Department for Regional Development may apply or introduce substances or products into water supplied for drinking, washing or cooking. Regulation 31 enables the Department to require that its approval be obtained to the use of processes. Regulation 32 creates an offence for wilfully or negligently introducing a process, substance or product in contravention of regulations 30 or 31; anyone found guilty of the offence is liable to fine. Part VIII deals with the provision of information by the Department for Regional Development. Regulation 33 requires the Department for Regional Development to prepare and maintain records containing information about the quality of water supplied in their water supply zones. Regulation 34 requires the Department for Regional Development to make available for public inspection, and to supply the Department of the Environment and district councils with, information about the quality of water within its water supply zones, the extent to which Part IV of the Regulations has been complied with, details of any departures authorised under Part VI of the Regulations. It also requires the Department for Regional Development to provide district councils and health authorities with information relating to matters that could affect the health of persons residing in the district councils' areas. Regulation 35 requires the Department for Regional Development to publish an annual report containing information about the quality of water. Part IX (regulations 36 to 38) amends the 1994 Regulations, makes transitional provision and revokes the 1994 Regulations and other related provisions subject to savings. The amendments to the 1994 Regulations, which take effect on 28th November 2002, are set out in Schedule 5 (regulation 36). Regulation 37 makes further transitional provision to enable the Department for Regional Development to apply in advance for the Department's authorisation in relation to matters which, on and after 25th December 2003,will need to be authorised under Part VI of the Regulations. Regulation 38 revokes, in stages and in relation to the Department for Regional Development and district councils, the 1994 Regulations and the amendments made by regulation 36. Regulation 21 of the Private Water Supplies Regulations (Northern Ireland) 1994 and regulation 8(1) of the Surface Waters (Abstraction for Drinking Water) (Classification) Regulations (Northern Ireland) 1996 are also revoked to the same extent, in consequence of the revocation of the 1994 Regulations. The revocation of the 1994 Regulations does not affect the obligations of the Department for Regional Development to keep records, provide information, make reports for the year ending on 31st December 2003. Copies of the "Guidance for the Monitoring of Cryptosporidium in Treated Water in Northern Ireland" may be obtained from the Department's Environment and Heritage Service, Calvert House, 23 Castle Place, Belfast BT1 1FY. Copies of the ISO standards referred to in Table A1 in Schedule 4 may be obtained from BSI, 389 Chiswick High Road, London W4 4AL. Notes: [1] S.I. 1973/70 (N.I. 2) as amended by the Water and Sewerage Services (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/3165 (N.I. 16) Art. 4. Art. 2 contains a definition of "prescribed"back [5] The functions contained in Articles 3 and 3A of the Water and Sewerage Services (Northern Ireland) Order were transferred from the Department of the Environment to the Department for Regional Development by Part IV of Schedule 4 to the Department's (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 S.R. 1999 No. 481back [6] S.I 1972/1265 (N.I. 14)back [7] O.J. L330, 5.12.98, p. 32back [8] O.J. No. L194, 16.6.75, p. 26back [9] S.I. 1999/662 (N.I. 6)back [11] O.J. No. L40, 11.2.89, p. 12back [15] O.J. No. L204, 21.7.98, p. 37, amended by Council Directives 98/48/EC (O.J. No. 217, 5.8.98, p. 18)back
ISBN 0 33794388 5 |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Other Statutory Rules of Northern Ireland | UK Statutory Instruments | Home | Her Majesty's Stationery Office | ||
|
| ||
|
We welcome your comments on this site |
© Crown copyright 2002 | Prepared 8 November 2002 |