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The Private Water Supplies (England) Regulations 2016

Status:

This is the original version (as it was originally made).

Regulations 4, 9 and 11

SCHEDULE 1Prescribed concentrations or values

PART 1Wholesomeness

Table A

MICROBIOLOGICAL PARAMETERS

Prescribed concentrations or values

ParametersMaximum concentration or valueUnits of measurement
Escherichia coli (E. coli)0Number/100ml
Enterococci0Number/100ml
In the case of water in bottles or containers:
Colony count 22°C100Number/ml
Colony count 37°C20Number/ml
Escherichia coli (E. coli)0Number/250ml
Enterococci0Number/250ml
Pseudomonas aeruginosa0Number/250ml

Table B

CHEMICAL PARAMETERS

Part I: Directive requirements - prescribed concentration or values

ParametersMaximum concentration or valueUnits of measurement
(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 the nitrate-nitrite formula in regulation 4(c).

(iii)

For these purposes, “pesticides” means—

  • organic acaricides;

  • organic algicides;

  • organic fungicide;

  • organic herbicides;

  • organic insecticides;

  • organic nematocides;

  • organic rodenticides;

  • organic slimicides;

  • related products (inter alia, growth regulators and their relevant metabolites, degradation and reaction products). Only those pesticides likely to be present in a given supply need be monitored.

(iv)

“Pesticides total” means the sum of the concentrations of the individual pesticides detected and quantified in the monitoring process.

(v)

The specified compounds are—

  • benzo(b)fluoranthene;

  • 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.

(vi)

The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.

(vii)

The specified compounds are—

  • bromodichloromethane;

  • bromoform;

  • chloroform;

  • dibromochloromethane

The parametric value applies to the sum of the concentrations of the individual compounds detected and quantified in the monitoring process.

Acrylamide(i)0.10μg/l
Antimony5.0μg/l
Arsenic10μg/l
Benzene1.0μg/l
Benzo(a)pyrene0.010μg/l
Boron1.0mg/l
Bromate10μg/l
Cadmium5.0μg/l
Chromium50μg/l
Copper2.0mg/l
Cyanide50μg/l
1, 2 dichloroethane3.0μg/l
Epichlorohydrin(i)0.10μg/l
Fluoride1.5mg/l
Lead10μg/l
Mercury1.0μg/l
Nickel20μg/l
Nitrate(ii)50mg/l
Nitrite(ii)0.5 (or 0.1 in the case of treatment works)mg/l
Pesticides(iii)
Aldrin0.030μg/l
Dieldrin0.030μg/l
Heptachlor0.030μg/l
Heptachlor epoxide0.030μg/l
Other pesticides0.10μg/l
Pesticides total(iv)0.50μg/l
Polycyclic aromatic hydrocarbons(v)0.10μg/l
Selenium10μg/l
Tetrachloroethene and Trichloroethene(vi)10μg/l
Trihalomethanes: Total(vii)100μg/l
Vinyl chloride(i)0.50μg/l
Part II: National requirements – prescribed concentrations or values
ParametersMaximum concentration or valueUnits of measurement
Aluminium200μg/l
Colour20mg/l Pt/Co
Iron200μg/l
Manganese50μg/l
OdourAcceptable to consumers and no abnormal change
Sodium200mg/l
TasteAcceptable to consumers and no abnormal change
Tetrachloromethane3μg/l
Turbidity4NTU

PART 2Indicator parameters (excluding radioactive substances)

Table C

Prescribed concentrations, values or states

ParametersMaximum concentration or value or state (unless otherwise stated)Units of measurement
(i)

The water should not be aggressive.

(ii)

Only in the case of surface water or groundwater that has been influenced by surface water.

Ammonium0.50mg/l
Chloride(i)250mg/l
Clostridium perfringens (including spores)0Number/100ml
Number/100ml (Number/250
Coliform bacteria0ml in the case of water put into bottles of containers)
No abnormal changeNumber/ml at 22°
Colony countsNo abnormal changeNumber/ml at 37°C
Conductivity(i)2500μS/cm at 20°C
Hydrogen ion9.5 (maximum)pH value
6.5 (minimum) (in the case of
still water put into bottles or containers the minimum is 4.5)pH value
Sulphate(i)250mg/l
Total organic carbon (TOC)No abnormal changemgC/l
Turbidity(ii)1NTU

PART 3Indicator parameters (radioactive substances)

Table D

Parametric values for indicative does, randon and tritium of water intended for human consumption

ParametersMaximum concentration or value or state (unless otherwise stated)Units of measurements
(i)

Where treatment to reduce the level of radionuclides in water intended for human consumption has been taken, monitoring must be carried out under Part 1 of Schedule 2 to ensure the continued efficacy of the treatment.

(ii)

Enforcement action by a local authority is deemed justified on radiological protection grounds without further consideration where randon concentrates exceed 1,000 Bq/1.

(iii)

If tritium concentration exceeds its parametric value, an investigation (which may include analysis) of the presence of artificial radionuclides must be carried out.

Indicative dose (for radioactivity(i)0.10mSv
Gross alpha0.1Bq/1
Gross beta1.0Bq/1
Radon(ii)100Bq/1
Tritium (for radioactivity)(iii)100Bq/1

Regulation 9

SCHEDULE 2Monitoring

PART 1Check monitoring

Sampling

1.—(1) A local authority must undertake check monitoring in accordance with this Part.

(2) “Check monitoring” means sampling for each parameter listed in Table 1 in the circumstances listed in that Table in order to—

(a)determine whether or not water complies with the concentrations or values in Schedule 1,

(b)provide information on the organoleptic and microbiological quality of the water, and

(c)establish the effectiveness of the treatment of the water, including disinfection.

Table 1
Check monitoring
ParameterCircumstances
AluminiumWhen used as flocculant or where the water originates from, or is influenced by, surface waters
AmmoniumIn all supplies
Clostridium perfringens (including spores)Where the water originates from, or is influenced by, surface waters
Coliform bacteriaIn all supplies
Colony countsIn all supplies
ColourIn all supplies
ConductivityIn all supplies
Escherichia coli (E. coli)In all supplies
Hydrogen ionIn all supplies
IronWhen used as flocculant or where the water originates from, or is influenced by, surface waters
ManganeseWhere the water originates from, or is influenced by, surface waters
NitrateWhen chloramination is practised
NitriteWhen chloramination is practised
OdourIn all supplies
Pseudomonas aeruginosaOnly in the case of water in bottles or containers
TasteIn all supplies
TurbidityIn all supplies

Frequency of sampling

2.—(1) Sampling must be carried out at the frequencies specified in Table 2.

Table 2
Sampling frequency for check monitoring
Volume m3/daySampling frequency per year
≤ 101
> 10 ≤ 1002
> 100 ≤ 1,0004
> 1,000 ≤ 2,00010
> 2,000 ≤ 3,00013
> 3,000 ≤ 4,00016
> 4,000 ≤ 5,00019
> 5,000 ≤ 6,00022
> 6,000 ≤ 7,00025
> 7,000 ≤ 8,00028
> 8,000 ≤ 9,00031
> 9,000 ≤ 10,00034
> 10,0004 + 3 for each 1,000m3/day of the total volume (rounding up to the nearest multiple of 1,000m3/day)

(2) A local authority may reduce the frequency of sampling for a parameter to a frequency not less than half if the local authority is of the opinion that the quality of water in the supply is unlikely to deteriorate and—

(a)in the case of the hydrogen ion parameter, the supply has no pH value that is below 6.5 and above 9.5;

(b)in all other cases, in each of two successive years the results of samples taken for the purposes of monitoring the parameter in question are constant and significantly lower than the concentrations or values referred to in Schedule 1.

(3) The local authority may set a higher frequency for any parameter if it considers it appropriate, taking into account the findings of any risk assessment, and may monitor anything else identified in the risk assessment.

PART 2Audit monitoring

Sampling

3.—(1) A local authority must undertake audit monitoring in accordance with this Part.

(2) “Audit monitoring” means sampling for each parameter listed in Parts 1 and 2 of Schedule 1 (other than parameters already being sampled under check monitoring)—

(a)in order to provide information necessary to determine whether or not the private water supply satisfies each concentration, value or state prescribed in those Parts of that Schedule, and

(b)if disinfection is used, in order to check that disinfection by-products are kept as low as possible without compromising the effectiveness of disinfection.

(3) The local authority may, for such time as it may decide, exclude a parameter from audit monitoring of a private water supply—

(a)if it considers that the parameter in question is unlikely to be present in the supply or system at a concentration or value that poses a risk of the private water supply failing to meet the concentration, value or state specified in Part 1 or 2 of Schedule 1 in respect of that parameter,

(b)taking into account the findings of any risk assessment, and

(c)taking into account any guidance issued by the Secretary of State.

(4) A local authority may monitor anything else identified in the risk assessment.

Frequency of sampling

4.—(1) Sampling must be carried out at the frequencies specified in Table 3.

Table 3
Sampling frequency for audit monitoring
Volume m3/daySampling frequency per year
≤ 101
> 10 ≤ 3,3002
> 3,300 ≤ 6,6003
> 6,600 ≤ 10,0004
> 10,000 ≤ 100,0003 + 1 for each 10,000m3/day of the total volume (rounding up to the nearest multiple of 10,000m3/day)
> 100,00010 + 1 for each 25,000m3/day of the total volume (rounding up to the nearest multiple of 25,000m3/day)

(2) A local authority may set a higher frequency for any parameter if it considers it appropriate, taking into account the findings of any risk assessment.

PART 3Minimum frequency for check monitoring and audit monitoring for water put into bottles or containers not intended for sale

Volume(i)of water produced in bottles or containers each day (m3)Check monitoring number of samples per yearAudit monitoring number of samples per year
(i)

The volumes are calculated as averages taken over a calendar year.

≤1011
>10≤ 60121
>601 for each 5m3/day of the total volume (rounding up to the nearest multiple of 5m3/day)1 for each 100 m3/day of the total volume (rounding up to the nearest multiple of 100 m3/day)

Regulation 12

SCHEDULE 3Sampling and analysis

PART 1General

Samples: general

1.—(1) A local authority must ensure that each sample is—

(a)taken by a competent person using suitable equipment,

(b)representative of the water at the sampling point at the time of sampling,

(c)not contaminated in the course of being taken,

(d)kept at such a temperature and in such condition as will secure that there is no material change in what is to be measured, and

(e)analysed without delay by a competent person using suitable equipment.

(2) It must ensure that the sample is analysed using a system of analytical quality control.

(3) The system must be subjected to checking by a person who is—

(a)not under the control of either the analyst or the local authority, and

(b)approved by the Secretary of State for that purpose.

Analysing samples

2.—(1) A local authority must ensure that each sample is analysed in accordance with this paragraph.

(2) For each parameter specified in the first column of Table 1 in Part 2 of this Schedule, the method of analysis is specified in the second column of that Table.

(3) For each parameter specified in the first column of Table 2 in Part 2 of this Schedule, the method is one that is capable of—

(a)measuring concentrations and values with the trueness and precision specified in the second and third columns of that Table, and

(b)detecting the parameter at the limit of detection specified in the fourth column of that Table.

(4) For hydrogen ion, the method of analysis must be capable of measuring a value with a trueness of 0.2 pH unit and a precision of 0.2 pH unit.

(5) The method of analysis used for odour and taste parameters must be capable of measuring values equal to the parametric value with a precision of 1 dilution number at 25°C.

(6) For these purposes—

“limit of detection” is —

(a)

three times the relative within-batch standard deviation of a natural sample containing a low concentration of the parameter, or

(b)

five times the relative within-batch standard deviation of a blank sample;

“precision” (the random error) is twice the standard deviation (within a batch and between batches) of the spread of results about the mean;

“trueness” (the systematic error) is the difference between the mean value of the large number of repeated measurements and the true value.

Authorisation of alternative methods of analysis

3.—(1) The Secretary of State may authorise a method different from that set out in paragraph 2(2) if satisfied that it is at least as reliable.

(2) An authorisation may be time-limited and may be revoked at any time.

Sampling and analysis by persons other than local authorities

4.—(1) A local authority may enter into an arrangement for any person to take and analyse samples on its behalf.

(2) A local authority must not enter into an arrangement under sub-paragraph (1) unless—

(a)it is satisfied that the task will be carried out promptly by a person competent to perform it, and

(b)it has made arrangements that ensure that any breach of these Regulations is communicated to it immediately, and any other result is communicated to it within 28 days.

PART 2Analytical methods

Table 1

Prescribed methods of analysis

ParameterMethod
Clostridium perfringens (including spores)Membrane filtration followed by anaerobic incubation of the membrane on m-CP agar* at 44 ± 1°C for 21 ± 3 hours. Count opaque yellow colonies that turn pink or red after exposure to ammonium hydroxide vapours for 20 to 30 seconds.
Coliform bacteria and Escherichia coli (E. coli)BS-EN ISO 9308-1 and BS-EN ISO 9308-2

Colony count 22°C-enumeration of

culturable microorganisms

BS-EN ISO 6222

Colony count 37°C-enumeration of

culturable microorganisms

BS-EN ISO 6222
EnterococciBS-EN ISO 7899-2
Pseudomonas aeruginosaBS-EN ISO 12780
*Use the following method to make m-CP agar:
Make a basal medium consisting of—
Tryptose30.0g
Yeast extract20.0g
Sucrose5.0g
L-cysteine hydrochloride1.0g
MgSO4.7H2O0.1g
Bromocresol purple40.0mg
Agar15.0g
Water1,000.0ml
Dissolve the ingredients of the basal medium; adjust pH to 7.6 and autoclave at 121°C for 15 minutes. Allow the medium to cool.
Dissolve—
D-cycloserine400.0mg
Polymyxine-B sulphate25.0mg
Indoxyl-β-D-glucoside60.0mg
into 8ml sterile water and add it to the medium.
Add to the medium—
Filter-sterilised 0.5% phenolphthalein diphosphate solution20.0ml
Filter-sterilised 4.5% FeCl3.6H2O2.0ml

Table 2

Prescribed performance characteristics for methods of analysis

ParametersTrueness % of prescribed concentration or value or specificationPrecision % of prescribed concentration or value or specificationLimit of detection % of prescribed concentration or value or specification
(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 Part 1 of 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 Part 1 of Schedule 1.

(v)

The performance characteristics apply to the prescribed value of 4 NTU.

(vi)

The performance characteristic apply to the specification of 1 NTU for surface waters or ground waters influenced by surface water.

Aluminium101010
Ammonium101010
Antimony252525
Arsenic101010
Benzene252525
Benzo(a)pyrene252525
Boron101010
Bromate252525
Cadmium101010
Chloride101010
Chromium101010
Colour101010
Conductivity101010
Copper101010
Cyanide(i)101010
1,2-dichloroethane252510
Fluoride101010
Iron101010
Lead101010
Manganese101010
Mercury201020
Nickel101010
Nitrate101010
Nitrite101010
Pesticides and related products(ii)252525
Polycyclic aromatic hydrocarbons(iii)252525
Selenium101010
Sodium101010
Sulphate101010
Tetrachloroethene(iv)252510
Tetrachloromethane202020
Trichloroethene(iv)252510
Trihalomethanes: Total(iii)252510
Turbidity(v)101010
Turbidity(vi)252525

PART 3Monitoring for indicative dose and analytical performance characteristics

Monitoring for compliance with the ID

5.—(1) A local authority 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 screening for an individual radionuclide

6.—(1) If one of the activity concentrations exceeds 20% of the corresponding derived value or the tritium concentration exceeds its parametric value specified in the radioactive parameters table, an analysis of additional radionuclides is required.

(2) A local authority must take into account, in deciding which radionuclides are required to be measured for each supply, all relevant information about likely sources of radioactivity.

Screening strategies for gross alpha activity and gross beta activity

7.—(1) Subject to paragraph 6(1), the recommended screening values are—

(a)0.1 Bq/l for gross alpha activity, and

(b)1.0 Bq/l for gross beta activity(1).

(2) If the gross alpha activity exceeds 0.1 Bq/l or the gross beta activity exceeds 1.0 Bq/l, analysis for specific radionuclides is required.

(3) The Secretary of State may set alternative screening levels for gross alpha activity and gross beta activity where it is demonstrated by the local authority that the alternative levels are in compliance with an ID of 0,1 mSv.

(4) The determination by the local authority of which radionuclides to measure must be based on all relevant information about likely sources of radioactivity.

Calculation of the ID

8.—(1) The ID must be calculated from—

(a)the measured radionuclide concentrations and the dose coefficients laid down in Annex III, Table A of Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation(2), 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 0,1mSv and no further investigation is required—

Ci(obs)

Where—

  • Ci(obs)” means the observed concentration of radionuclide I;

  • Ci(der)” means the derived concentration of radionuclide I;

  • n” means the number of radionuclides detected.

Derived concentrations for radioactivity in water intend for human consumption(3)
OriginNuclideDerived concentration
(i)

This Table allows only for the radiological properties of uranium, not for its chemical toxicity.

NaturalU-238(i)3,0 Bq/1
U-234(i)2,8 Bq/1
Ra-2260,5 Bq/1
Ra-2280,2 Bq/1
Pb-2100,2 Bq/1
Po-2100,1 Bq/1
ArtificialC-14240 Bq/1
Sr-904,9 Bq/1
Pu-239/Pu-2400,6 Bq/1
Am-2410,7 Bq/1
Co-6040 Bq/1
Cs-1347,2 Bq/1
Cs-13711 Bq/1
1-1316,2 Bq/1

Performance characteristics and methods of analysis

9.  For the following parameters and radionuclides, the method of analysis used must, as a minimum, be capable of measuring activity concentrations with a limit of detection specified below—

Parameters and radionuclidesLimit of detection (Notes 1,2)Notes
Tritium10 Bq/1Note 3
Radon10 Bq/1Note 3
gross alpha0,04 Bq/1Note 4
gross beta0,4 Bq/1Note 4
U-2380,02 Bq/1
U-2340,02 Bq/1
Ra-2260,04 Bq/1
Ra-2280,02 Bq/1Note 5
Pb-2100,02 Bq/1
Po-2100,01 Bq/1
C-1420 Bq/1
Sr-900,4 Bq/1
Pu-239/Pu-2400,04 Bq/1
Am-2410,06 Bq/1
Co-600,5 Bq/1
Cs-1340,5 Bq/1
Cs-1370,5 Bq/1
I-1310,5 Bq/1

Note 1: The limit of detection must be calculated according to the ISO standard 11929: Determination of the characteristic limits (decision threshold, detection limit, and limits of confidence interval) for measurements of ionising radiation – Fundamentals and application, with probabilities of errors of 1st and 2nd kind of 0,05 each(4).

Note 2: Measurement uncertainties must be calculated and reported as complete standard uncertainties, or as expanded uncertainties with an expansion factor of 1,96 according the ISO Guide for the Expression of Uncertainty in Measurement(5).

Note 3: The limit of detection for tritium and for radon is 10% of its parametric value of 100 Bq/1.

Note 4: The limit of detection for gross alpha activity and gross beta activities are 40% of the screening values of 0,1 and 1,0 Bq/1 respectively.

Note 5: This limit of detection applies only to initial screening for ID for a new water source; if initial checking indicates that it is not plausible that Ra-228 exceeds 20% of the derived concentration, the limit of detection may be increased to 0,08 Bq/1 for routine Ra-228 nuclide specific measurements, until a subsequent re-check is required.

Regulation 14

SCHEDULE 4Records

Initial records

1.—(1) A local authority must record the number of private supplies in its area, and for each supply must record—

(a)the name of the supply, together with a unique identifier,

(b)the type of source,

(c)the geographical location using a grid reference,

(d)an estimate of the number of people supplied,

(e)an estimate of the average daily volume of water supplied in cubic metres,

(f)the type of premises supplied,

(g)detail of any treatment process, together with its location, and

(h)the name of the region of Public Health England in whose area the supply is located.

(2) It must review and update the record at least once every 12 months.

(3) It must keep the record for at least 30 years.

Additional records

2.—(1) For each supply referred to in paragraph 1(1), the local authority must record each of the following within 28 days of the information being available—

(a)a plan and description of the supply;

(b)the monitoring programme for the supply;

(c)the risk assessment;

(d)the date, results and location of any sampling and analysis relating to that supply, and the reason for taking the sample;

(e)the results of any investigation undertaken in accordance with these Regulations;

(f)any authorisation;

(g)any notices served under section 80 of the Act or regulation 18;

(h)any action agreed to be taken by any person under these Regulations;

(i)any request for the local authority to carry out sampling and analysis, undertake a risk assessment or give advice;

(j)a summary of any advice given in relation to the supply.

(2) It must keep the risk assessment and records of sampling and analysis for at least 30 years, and all other records referred to in this paragraph for at least 5 years.

Regulation 21

SCHEDULE 5Fees

1.  A local authority may charge a fee, payable on invoice, for the activities in the following Table, and the fee is the reasonable cost of providing the service subject to the following maximum amounts.

ServiceMaximum fee (£)
(i)

No fee is payable where a sample is taken and analysed solely to confirm or clarify the results of the analysis of a previous sample.

Risk assessment (for each assessment)500
Sampling (for each visit)(i)100
Investigation (for each investigation)100
Granting an authorisation (for each authorisation)100
Analysing a sample—
taken under regulation 10 (for parameters referred to in paragraph (1)(a) to (e) of that regulation)25
taken during check monitoring100
taken during audit monitoring and monitoring under regulation 11500

Persons liable to pay

2.—(1) Any person requesting a local authority to carry out any of the activities specified in the Table in paragraph 1 is liable for the cost.

(2) Otherwise fees are payable, as specified in the invoice, by the relevant person.

(3) Where more than one person is liable for a fee, in determining who is required to make payment, the local authority—

(a)must have regard to any agreement or other document produced to the local authority relating to the terms on which water is supplied, and

(b)may apportion the charge between them.

(1)

Where appropriate, gross beta activity may be replaced by residual beta activity after subtraction of the K-40 activity concentration.

(2)

OJ No L 159, 29.6.1996, p 1. It is prospectively repealed by Council Directive 2013/59/EURATOM (OJ No L 13, 17.01.2014, p 1 from 6 February 2018.

(3)

This Table includes values for the most common natural and artificial radionuclides; these are precise values, calculated for a dose of 0,1 mSv, an annual intake of 730 litres and using the dose coefficients laid down in Annex III, Table A of Directive 96/29/Euratom. Derived concentrations for other radionuclides can be calculated on the same basis, and values can be updated on the basis of more recent information recognised by the Secretary of State.

(4)

A copy may be obtained at www.iso.org or from the Drinking Water Inspectorate, Area 7E, 9 Millbank, c/o Nobel House, 17 Smith Square, London, SW1P 3JR.

(5)

See previous footnote.

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