S.I. No. 439/2000 - European Communities (Drinking Water) Regulations, 2000.

1. The grounds for the departure.

2. The parameter concerned, previous relevant monitoring results, and the maximum permissible value under the departure.

3. The geographical area, the quantity of water supplied each day, the population concerned and whether or not any relevant food-production undertaking would be affected.

4. An appropriate monitoring scheme, with an increased monitoring frequency where necessary.

5. A summary of the plan for the necessary remedial action, including a timetable for the work and an estimate of the cost and provisions for reviewing.

6. The required duration of the departure.

GIVEN under the Official Seal of the Minister for the Environment and Local Government, this 18th day of December, 2000.

NOEL DEMPSEY,

Minister for the Environment and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe quality standards to be applied in relation to certain supplies of drinking water, including requirements as to sampling frequency, methods of analysis, the provision of information to consumers and related matters. The Regulations come into operation on 1 January 2004 and revoke

SI No. 81 of 1988

. The Regulations give effect to provisions of EU Council Directive 98/83/EC on the quality of water intended for human consumption.

1

O.J. No. L330, 5.12.1998, p.32.

2

O.J. No. L22. 9.2.1965, p.369 as last amended by Directive 93/39/EEC (O.J. No. L214, 24.8.1993. p.22)

*

The Copper, Lead and Nickel parameters shall be monitored in such a manner as the Minister shall determine from time to time.

(*)

in all other cases, the parameters are in the list for audit monitoring.

(*)

in all other cases, the parameters are in the list for audit monitoring

(*)

These terms are further defined in ISO 5725.

(*)

These terms are further defined in ISO 5725.

7. (1) A sanitary authority shall take all measures necessary to ensure that regular monitoring is carried out at the points of compliance specified in article 6 in relation to the quality of water intended for human consumption.

(2) For the purposes of sub-article (1), a sanitary authority shall specify the points at which samples shall be taken for analysis and establish a monitoring programme in accordance with Part 2 of the Schedule.

(3) Samples taken in accordance with sub-article (1) shall be representative of the quality of the water consumed throughout the year.

(4) A monitoring programme established under sub-article (2) shall comply with the specifications for the analyses of parameters specified in Part 3 of the Schedule and may provide for the use of—

(

a

) methods of analysis other than those specified in section 1 of Part 3 of the Schedule provided that the Agency is satisfied that the results obtained are at least as reliable as those produced by the specified methods, and

(

b

) any method of analysis for those parameters listed in sections 2 and 3 of Part 3 of the Schedule provided that it meets the requirements set out therein.

(5) A sanitary authority shall ensure that additional monitoring is carried out on a case-by-case basis of substances and micro-organisms for which no parametric value has been specified in Part 1 of the Schedule, if there is reason to suspect that such substances and, or micro-organisms may be present in amounts or numbers which constitute a potential danger to human health.

Protection of human health

8. (1) Where a sanitary authority considers that a supply of water intended for human consumption constitutes a potential danger to human health the authority shall ensure that—

(

a

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

(

b

) consumers shall be informed promptly thereof and given the necessary advice.

(2) A sanitary authority shall decide what action should be taken under sub-article (1) having due regard to the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.

(3) The duty imposed on a sanitary authority by sub-article (1) shall apply whether or not any failure to meet a parametric value has occurred.

Remedial action

9. (1) A sanitary authority shall ensure that any failure to meet the parametric values specified in Part 1 of the Schedule is immediately investigated so as to identify the cause of such failure.

(2) Where it is found, as a result of monitoring carried out under article 7, that the quality of water intended for human consumption does not meet the parametric values specified in Part 1 of the Schedule, the sanitary authority shall, subject to any departures in force under article 5—

(

a

) ensure, subject to article 4, that the necessary remedial action is taken as soon as possible to restore the quality of the water and shall give priority to its enforcement action, having particular regard to the extent to which the relevant parametric value has been exceeded and to the potential danger to human health,

(

b

) in the case of a public water supply, prepare an action programme within 60 days of receipt by the sanitary authority of the monitoring results and implement such action programme for the improvement of the quality of the water so as to secure compliance with these Regulations as soon as possible and not later than—

(i) one year from the date of finalisation of an action programme in relation to the water quality standards specified in Tables A and B in Part 1 of the Schedule in relation to matters which present a risk to public health, and

(ii) two years from the date of finalisation of an action programme in relation to all the water quality standards specified in Table B in Part 1 of the Schedule, other than those referred to in paragraph (i),

(

c

) in the case of a private water supply serve, within 14 days of receipt by the sanitary authority of the monitoring results, a notice in writing on the person or, where there is more than one such person, each person responsible for that supply requiring that person, or persons as the case may be, to prepare within 60 days of the date of said notice an action programme and to implement such action programme, including such interim measures as may be appropriate, for the improvement of the quality of the water so as to secure compliance with these Regulations as soon as possible and not later than—

(i) one year from the date of finalisation of an action programme in relation to the water quality standards specified in Tables A and B in Part 1 of the Schedule in relation to matters which present a risk to public health, and

(ii) two years from the date of finalisation of an action programme in relation to all the water quality standards specified in Part B in Part 1 of the Schedule, other than those referred to in paragraph (i).

(3) An action programme under sub-article (2) (

b

) shall include such interim measures as may be appropriate.

(4) An action programme under sub-article (2)(

c

) shall have regard to the provisions of any strategic rural water plan for the area in which the water supply is situate.

(5) A sanitary authority shall ensure that, where remedial action is taken in relation to a water supply, consumers are informed of such action save where the authority considers the non-compliance with the parametric value to be trivial in nature or extent.

(6) (

a

) In the event of non-compliance with the parametric values or with the specifications provided for in Table C in Part 1 of the Schedule in the case of a public water supply, a sanitary authority shall consider whether such non-compliance poses a risk to human health.

(

b

) Where such risk exists, a sanitary authority shall take remedial action in accordance with sub-article (2) (

a

) and (

b

) and (3) to restore the quality of the water where it is necessary to protect public health.

(7) (

a

) In the event of non-compliance with the parametric values or with the specifications provided for in Table C in Part 1 of the Schedule in the case of a private water supply, a sanitary authority shall consider whether such non-compliance poses a risk to human health.

(

b

) Where such risk exists, a sanitary authority shall initiate the provisions of sub-article (2)(

c

) and the person or persons responsible for such supply shall take remedial action to restore the quality of the water within the timeframe specified.

Quality of treatment, equipment and materials

10. (1) A water supplier shall take all measures necessary to ensure that no substances or materials for new installations used in the preparation or distribution of water intended for human consumption or impurities associated with such substances or materials for new installations remain in water intended for human consumption in concentrations higher than is necessary for the purpose of their use and do not, either directly or indirectly reduce the protection of human health provided for in these Regulations.

(2) Where disinfection forms part of the preparation and, or distribution of water intended for human consumption, a water supplier shall ensure that the efficiency of the disinfection treatment is verified and that any contamination from disinfection by-products is kept as low as possible without compromising the disinfection.

Power of entry

11. (1) An authorised person may at all reasonable times enter any premises for the purposes of these Regulations.

(2) When exercising the power conferred by this article, an authorised person shall, if so required, produce evidence of his or her authority.

Charges by sanitary authority

12. (1) A sanitary authority may charge for monitoring the quality of private water supplies intended for human consumption.

(2) A charge made by a sanitary authority by virtue of sub-article (1) shall be of such amount as the authority considers appropriate but shall not exceed the cost of such monitoring.

(3) A charge made by a sanitary authority by virtue of sub-article (1) shall be payable by and recoverable from—

(

a

) in the case of a private water supply, the trustees or other persons responsible for providing that supply, and

(

b

) in any other case, the occupier or occupiers of the premises supplied.

(4) A sanitary authority may recover the amount of any charge made by them under this article from the person or persons by whom it is payable as a simple contract debt in any court of competent jurisdiction.

Recommendations of Minister

13. The Minister may, from time to time, issue recommendations to sanitary authorities in relation to the carrying out of any of their duties under these Regulations and sanitary authorities shall have regard to any such recommendations.

Offences and penalties

14. (1) Where a notice is served on a person under Article 9(2)(

c

) in relation to the preparation or implementation of an action programme in respect of water quality standards specified in Part 1 of the Schedule, regarding matters which present a risk to public health, and that person fails to comply with the terms of the notice, that person shall be guilty of an offence in respect of such failure and shall be liable on summary conviction to a fine not exceeding £1,500 or to a term of imprisonment not exceeding six months or, at the discretion of the court, to both such fine and such imprisonment.

(2) Where a person, after conviction of an offence under sub-article (i), continues to contravene the provision, that person shall be guilty of an offence on every day on which such contravention is continued and for each such offence that person shall be liable to a fine, on summary conviction, not exceeding £200.

Information in case of exempted supplies

15. A sanitary authority shall take measures to notify the population served by an exempted supply of—

(

a

) the fact that these Regulations do not apply to such supply,

(

b

) action that can be taken to protect human health from the adverse effects resulting from any contamination of water intended for human consumption, and

(

c

) appropriate advice where a potential danger to human health arising from the quality of such supply is apparent.

Quality to be maintained

16. Measures taken by a sanitary authority or a water supplier to apply the provisions of these Regulations shall in no case have the effect of allowing, directly or indirectly, either any deterioration in the existing quality of water intended for human consumption so far as that is relevant for the protection of human health or an increase in the pollution of waters used for the production of drinking water.

Revocation

17. The European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988 (

S.I. No. 81 of 1988

) are hereby revoked with effect from 1 January, 2004.

SCHEDULE

Part 1

PARAMETERS AND PARAMETRIC VALUES

TABLE A

MICROBIOLOGICAL PARAMETERS

Parameter

Parametric value (number/100 ml)

1

Escherichia coli (E.coli)

0

2

Enterococci

0

TABLE B

CHEMICAL PARAMETERS

Parameter

Parametric value

Unit

Comments

3

Acrylamide

0.10

ug/1

Note 1

4

Antimony

5.0

ug/1

5

Arsenic

10

ug/1

6

Benzene

1.0

ug/1

7

Benzo(a)pyrene

0.010

ug/1

8

Boron

1.0

mg/1

9

Bromate

10

ug/1

Note 2

10

Cadmium

5.0

ug/1

11

Chromium

50

ug/1

12

Copper

2.0

mg/1

Note 3

13

Cyanide

50

ug/1

14

1,2-dichloroethane

3.0

ug/1

15

Epichlorohydrin

0.10

ug/1

Note 1

16

Fluoride

1.0

mg/1

Note 11

17

Lead

10

ug/1

Notes 3 and 4

18

Mercury

1.0

ug/1

19

Nickel

20

ug/1

Note 3

20

Nitrate

50

mg/1

Note 5

21

Nitrite

0.50

mg/1

Note5

22

Pesticides

0.10

ug/1

Notes 6 and 7

23

Pesticides - Total

0.50

ug/1

Notes 6 and 8

24

Polycyclic aromatic hydrocarbons

0.10

ug/1

Sum of concentrations of specified compounds; Note 9

25

Selenium

10

ug/1

26

Tetrachloroethene and Trichloroethene

10

ug/1

Sum of concentrations of specified parameters.

27

Trihalomethanes - Total

100

ug/1

Sum of concentrations of specified compounds; Note 10

28

Vinyl chloride

0.50

ug/1

Note 1

Notes

Note 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.

Note 2: For the water referred to in sub-articles 6(

a

), (

b

) and (

c

) the parametric value to be met by 1 January, 2004 is 25 ug/1. A value of 10 ug/1 must be met by 25 December, 2008.

Note 3: The value applies to a sample of water intended for human consumption obtained by an adequate sampling method

*

at the tap and taken so as to be representative of a weekly average value ingested by consumers and that takes account of the occurrence of peak levels that may cause adverse effects on human health.

Note 4: For water referred to in sub-articles 6 (

a

), (

b

) and (

c

), the parametric value to be met by 1 January 2004 is 25 ug/1. A value of 10 ug/1 must be met by 25 December, 2013.

All appropriate measures shall be taken to reduce the concentrarion of lead in water intended for human consumption as much as possible during the period needed to achieve compliance with the parametric value.

When implementing the measures priority shall be progressively given to achieve compliance with that value where lead concentrations in water intended for human consumption are highest.

Note 5: Compliance must be ensured with the conditions that [nitrate]/50 + [nitrite]/3 ≤ 1, the square brackets signifying the concentrations in mg/1 for nitrate (NO

3

) and nitrite (NO

2

) and the value of 0.10mg/1 for nitrites ex water treatment works.

Note 6: Only those pesticides which are likely to be present in a given supply require to be monitored.

“Pesticides” means

— organic insecticides,

— organic herbicides,

— organic fungicides,

— organic nematocides,

— organic acaricides,

— organic algicides,

— organic rodenticides,

— organic slimicides,

— related products (

inter alia

, growth regulators)

and their relevant metabolites, degradation and reaction products.

Note 7: The parametric value applies to each individual pesticide. In the case of aldrin, dieldrin, heptachlor and heptachlor epoxide the parametric value is 0.030 ug/1.

Note 8: “Pesticides - Total” means the sum of all individual pesticides detected and quantified in the course of the monitoring procedure;

Note 9: The specified compounds are

— benzo(b)fluoranthene

— benzo(k)fluoranthene

— benzo(ghi)perylene

— indeno(1,2,3-cd)pyrene.

Note 10: The specified compounds are: chloroform, bromoform, dibrom-ochloromethane and bromodichloromethane.

For the water referred to in sub-articles 6 (

a

), (

b

) and (

c

), the parametric value to be met by 1 January, 2004 is 150 ug/1. A value of 100 ug/1 must be met by 25 December, 2008.

All appropriate measures must be taken to reduce the concentration of THMs in water intended for human consumption as much as possible during the period needed to achieve compliance with the parametric value.

When implementing the measures to achieve this value, priority must progressively be given to those areas where THM concentrations in water intended for human consumption are highest.

Note 11: The parametric value is 1.0mg/1 for fluoridated supplies. In the case of supplies with naturally occurring fluoride the parametric value is 1.5mg/1.

TABLE C

INDICATOR PARAMETERS

Parameter

Parametric value

Unit

Comments

29

Aluminium

200

ug/1

30

Ammonium

0.30

mg/1

31

Chloride

250

mg/1

Note 1

32

Clostridium perfringens (including spores)

0

number/100 ml

Note 2

33

Colour

Acceptable to consumers and no abnormal change

34

Conductivity

2500

uS cm

-1

at 20°C

Note 1

35

Hydrogen ion concentration

≥6.5 and ≤9.5

pH units

Note 1

36

Iron

200

ug/1

37

Manganese

50

ug/1

38

Odour

Acceptable to consumers and no abnormal change

39

Oxidisability

5.0

mg/1 O

2

Note 3

40

Sulphate

250

mg/1

Note 1

41

Sodium

200

mg/1

42

Taste

Acceptable to consumers and no abnormal change

43

Colony count 22°

No abnormal change

44

Coliform bacteria

0

number/100 ml

45

Total organic carbon (TOC)

No abnormal change

Note 4

46

Turbidity

Acceptable to consumers and no abnormal change

Note 5

RADIOACTIVITY

Parameter

Parametric value

Unit

Comments

47

Tritium

100

Bq/l

Notes 6 and 8

48

Total indicative dose

0.10

mSv/year

Notes 7 and 8

Notes

Note 1: The water should not be aggressive.

Note 2: This parameter need not be measured unless the water originates from or is influenced by surface water. In the event of non-compliance with this parametric value, the supply shall be investigated to ensure that there is no potential danger to human health arising from the presence of pathogenic micro-organisms, e.g. crypto-sporidium.

Note 3: This parameter need not be measured if the parameter TOC is analysed.

Note 4: This parameter need not be measured for supplies of less than 10,000m

3

a day.

Note 5: In the case of surface water treatment, a parametric value not exceeding 1.0 NTU (nephelometric turbidity units) in the water ex treatment works must be strived for.

Note 6: Monitoring frequencies to be set at a later date in Part 2 of the Schedule.

Note 7: Excluding tritium, potassium -40, radon and radon decay products; monitoring frequencies, monitoring methods and the most relevant locations for monitoring points to be set at a later date in Part 2 of the Schedule.

Note 8: A. The proposals required by Note 6 on monitoring frequencies, and Note 7 on monitoring frequencies, monitoring methods and the most relevant locations for monitoring points in Part 2 of the Schedule shall be adopted in accordance with the Committee procedure laid down in Article 12 of Council Directive 98/83/EEC.

B. Drinking water need not be monitored for tritium or radioactivity to establish total indicative dose where, on the basis of other monitoring carried out, the levels of tritium of the calculated total indicative dose are well below the parametric value.

PART 2

MONITORING

TABLE A

PARAMETERS TO BE ANALYSED

Index

Article

Page

1.

Citation.

3

2.

Commencement.

3

3.

Interpretation.

3

4.

Duty of sanitary authority.

5

5.

Departures from standards.

6

6.

Point of compliance.

7

7.

Monitoring of water quality.

8

8.

Protection of human health.

9

9.

Remedial action.

9

10.

Quality of treatment, equipment and materials.

11

11.

Power of entry.

12

12.

Charges by sanitary authority.

12

13.

Recommendations of Minister.

12

14.

Offences and penalties.

12

15.

Information in case of exempted supplies.

13

16.

Quality to be maintained.

13

17.

Revocation.

13

Schedule

Part 1.

Parameters and parametric values.

14

Part 2.

Monitoring.

18

Part 3.

Specifications for the analysis of parameters.

21

Part 4.

Matters to be specified in grant of departure under article 5.

25

S.I. No. 439 of 2000.

EUROPEAN COMMUNITIES (DRINKING WATER) REGULATIONS, 2000.

The Minister for the Environment and Local Government in exercise of the powers conferred on him by

section 3

of the

European Communities Act, 1972

(No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 3 November, 1998 (No. 98/83/EC)

1

hereby makes the following Regulations

Citation