North Dorset District Council Private Water Supplies

This document is relevant to enforcement officers, consumers and companies who source their water from a Private Water Supply (PWS) or Private Distribution Networks (PDNs). The collective term "Private Supply" or "Private Supplies" is used within this policy when referring to both types of supply.

Legislation

Water Industry Act 1991

Private Water Supplies Regulations 2009

Context

The Private Water Supplies Regulations 2009, serve to implement Council Directive 98/83/EC on the quality of water intended for human consumption. They revoke and replace the Private Water Supply Regulations 1991. The emphasis-shift of the Regulations is the duty for local authorities (LAS) to apply a risk assessment based approach when dealing with private supplies, instead of providing a purely reactive monitoring service.

In an attempt to make these new regulations cost-neutral, a system of charging has been introduced whereby local authorities can recover the costs incurred in discharging their duties. The maximum fees that can be applied are prescribed in the Regulations. To assist with the implementation of these Regulations the Drinking Water Inspectorate (DWI) have produced a guidance document (referenced below).

References

• Guidance document produced by the Drinking Water Inspectorate - Legislative Background to the Private Water Supplies Regulations 2009: Technical Manual (as updated)
• The current World Health Organisation (WHO) Guidelines for Drinking Water Quality

Scope

The Regulations apply to all private supplies of water intended for human consumption:

1. All water intended for drinking cooking, food preparation or other domestic purpose (i.e. hygiene practices)
2. All water used in any food-production ,undertaking where the product is intended for human consumption

The exemptions to these regulations are,

1. Water that is controlled by regulations on Natural Mineral Water, Spring Water and Bottled Drinking Water
2. Water that is used as 5 medicinal product
3. Water used for washing a crop where the fitness for human consumption of any product derived from this crop is not affected; or
4. Water that is derived from a public supply and is not part of a private distribution network

A PWS is taken to be any well, borehole, spring or surface water abstraction that meets the criteria detailed above.

These supplies can then be subdivided into three categories (Table 1) and the requirements vary for each type of supply.

A PDN is found where water is supplied by a water undertaker or licensed supplier and is then further distributed by a third party.

Whichever supply is applicable, the principles remain the same, the LA must risk assess the supply and monitor it in accordance with the information obtained.

When monitoring, the LA needs to be satisfied that the abstracted or distributed water meets the proscribed criteria for wholesomeness.

Should a sample fail to be wholesome, the LA must carry out an investigation to determine the cause and has a range of options available to effect a safe and wholesome supply.

Should this action not succeed a LA may grant an authorisation allowing a temporary departure from the given limits, providing there is no risk to human health in doing so. Such authorisations will only be given following consultation with the Health Protection Agency and if the supply of water cannot be maintained by any other means.

Authorisations will specify a plan bf remedial action which will include a timetable for work and will be served with a minimal timeframe for compliance, up to a maximum of three years. After this period an authorisation for a further three years may be granted with the consent of the Secretary of State. Such authorisations may also be revoked or amended by the LA at any time.

In the event of a private supply constituting a potential danger to human health the LA must serve a notice on the relevant person to either prohibit or restrict the use of that supply. Such notices must be supported by appropriate advice and may be amended by a further notice at anytime. Failure to comply with such a notice is an offence.

The LA must revoke the notice as soon as the danger to human health no longer exists and must be certain that service of the notice will not create a greater danger to human health than not serving the notice.

Such notices have a 28 day appeal period but remain in force unless suspended by the court.

North Dorset District Council's Approach

Use of Guidance to Assist Practice

The Drinking Water Inspectorate guidance will be considered. It is not appropriate to summarise its content in this document.

Risk Assessment and Sampling

Risk assessment establishes whether there is a significant risk of supplying water that would constitute a potential danger to health. A local authority may use its own staff to carry out the risk assessment provided they are trained and competent.

A full record of each risk assessment will be kept, reviewed when the authority is aware of significant change, and re-assessed every five years as appropriate.

One officer will lead on private water supplies and undertake sampling. The officer will attend appropriate training courses; liaise with the local water company and Environment Agency (or replacement authority).

The above officer will attend liaison meetings on the regulations with other Dorset (or wider authorities).

Where appropriate in individual circumstances the use of an external water supply consultant may be engaged to assist the officer with the risk assessment.

Sampling procedure will be based on the DWI Private Water Supplies Sampling Manual guidance (or alternative replacement).

Informal samples are examined/analysed by Wessex Water who operate accredited laboratory processes for this purpose.

Sampling and Risk Assessment Charges

The team leader has delegated authority for setting charges. The current charges (pdf, 207kb) (opens in a new window) have been set to take account of variations in the size and complexity of private water supplies.

Action on Failures

There will be consideration of official guidance and where appropriate discussion with the Health Protection Agency (or any succeeding authority), the seeking of other sources of expertise where appropriate.

• Name: Food, Safety and Licensing (North Dorset)
  Email: envlicens@north-dorset.gov.uk
  Tel: 01258 484312
  Fax: 01258 484298
  Full details for Food, Safety and Licensing (North Dorset)