S.I. No. 106/2007 - European Communities (Drinking Water) Regulations 2007

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 my Official Seal,

8 March 2007

DICK ROCHE

Minister for the Environment, Heritage 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, and related supervision and enforcement procedures in relation to 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 effect immediately, and revoke the European Communities (Drinking Water) Regulations, 2000 (

S.I. No. 439 of 2000

).

1O.J. No. L330/32, 5.12.1998

2O.J. No. 327/1, 22.12. 2000

3O.J.No. L22,9.2.1965 p.369 as last amended by Directive 93/39/EEC (O.J.No. L214 24.8.1993, p22)

7. (1) The Agency shall verify compliance of water intended for human consumption supplied by a sanitary authority, or any person acting jointly with it or on its behalf, with the parametric values specified in Part 1 of the Schedule.

(2) Subject to paragraph (3), each sanitary authority shall monitor compliance of water intended for human consumption supplied in its functional area by any water supplier, including that sanitary authority, with the parametric values specified in Part 1 of the Schedule.

(3) Where a water supply referred to in paragraph (2) is provided within the functional area of two or more sanitary authorities—

(

a

) subject to sub-paragraph (

b

), those sanitary authorities may decide that one of them shall perform the functions required under that paragraph in respect of that water supply;

(

b

) the Minister may direct those sanitary authorities to nominate a single sanitary authority from among themselves to perform those functions, and where the authorities fail to comply with such a direction the Minister may direct that a specified sanitary authority shall perform them;

(

c

) the authority nominated under subparagraph (

a

), or specified under subparagraph (

b

) shall have such functions in regard to such supply as if it was provided solely in its functional area in the first instance.

(4) (

a

) For the purpose of establishing compliance with the parametric values specified in Part 1 of the Schedule and of fulfilling their respective obligations under paragraphs (1) and (2), each sanitary authority and the Agency shall take all measures necessary to ensure that monitoring is carried out of water supplies for which it has supervisory responsibility, in accordance with any guidelines issued by the Agency under paragraph (11).

(

b

) Each supervisory authority shall be responsible for the enforcement of compliance with these Regulations by the water suppliers for whom it has supervisory responsibility under these Regulations.

(5) For the purposes of paragraph (4), without prejudice to paragraph (3), each sanitary authority shall—

(

a

) specify the points at which samples shall be taken for analysis and establish a related monitoring programme in accordance with Part 2 of the Schedule, or ensure that such a monitoring programme is established in respect of every supply of water for human consumption, other than an exempted supply, in its functional area, and

(

b

) submit the monitoring programme referred to in subparagraph (

a

) to the Agency for review at such times as the Agency may direct.

(6) The Agency may direct a sanitary authority to amend, in such manner as the Agency may specify, a monitoring programme submitted by the authority to the Agency under paragraph (5)(

b

), and the sanitary authority shall comply with that direction.

(7) Samples taken for the purposes of this Regulation shall be representative of the quality of the water consumed throughout the year, and shall be equally distributed through the supply.

(8) A monitoring programme established under paragraph (5) shall comply with the specifications for the analysis 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.

(9) Where, for the purposes of paragraph (8)(

a

), the Agency satisfies itself that the results obtained from an alternative method of analysis are at least as reliable as those produced by the specified method, it shall forward to the Minister all relevant information concerning its comparative evaluation of the equivalent method, and the Minister shall forward the information to the Commission of the European Communities.

(10) A supervisory authority shall ensure that additional monitoring is carried out on a case-by-case basis (whether by itself or the relevant water supplier) 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 or micro-organisms may be present in amounts or numbers that constitute a potential danger to human health, and may direct a water supplier to carry out such monitoring as it considers necessary for this purpose.

(11) The Agency may issue guidelines on the manner, frequency and method by which parameters in Part 1 of the Schedule shall be monitored, and in relation to appropriate monitoring points.

(12) The Agency shall supervise the performance by each sanitary authority of its monitoring functions under these Regulations, and may issue such direction to a sanitary authority as it considers necessary to ensure that the sanitary authority is complying with its obligations as a supervisory authority under these Regulations.

(13) A sanitary authority shall comply with a direction from the Agency under paragraph (12).

(14) A sanitary authority commits an offence if it fails to comply with a direction from the Agency under these Regulations.

(15) The power to apply to the High Court under Regulation 18 shall apply also to the Agency for the purposes of this Regulation.

Records.

8. (1) A supervisory authority may direct a water supplier to keep such records and to submit to it, in such manner and at such times and in such circumstances as it may direct, such information as the supervisory authority may specify in relation to—

(

a

) the management and treatment of water intended for human consumption,

(

b

) the monitoring of compliance with water quality standards or other parametric values specified in Part 1 of the Schedule,

(

c

) corrective action taken following a non-compliance with water quality standards or other parametric values specified in Part 1 of the Schedule, or

(

d

) verification of the efficiency of a disinfection treatment in accordance with Regulation 13(2).

(2) Each supervisory authority shall carry out, cause to be carried out, or arrange for such monitoring as it considers necessary to verify information provided to it under paragraph (1).

(3) For the purposes of its functions under Regulation 7, each supervisory authority shall keep a register to record the details of each water supply for which it is a supervisory authority, and such register at a minimum shall record

(

a

) the name and address of the water supplier,

(

b

) the volume of water supplied per day (expressed either in cubic metres or a population equivalent)

(

c

) the type of water treatment in place,

(

d

) the source of the water supply,

(

e

) the supply zone code allocated under the Drinking Water National Monitoring Programme (as referred to in the Department of the Environment, Hertitage and Local Government circular letter, Reference WSP11/04, dated 17th December 2004), or such code as shall be allocated subsequently by the sanitary authority.

(4) Each sanitary authority shall maintain up to date records on an ongoing basis of monitoring results in relation to each water supply that it is required to monitor under Regulation 7(2) or 7(3).

(5) A water supplier shall, as directed by a supervisory authority, provide the supervisory authority with such details as the authority considers are necessary for it to maintain up to date the register and records referred to in paragraphs (3) and (4).

(6) A water supplier commits an offence if that person fails to comply with a direction from a supervisory authority under this Regulation.

(7) The register and records referred to in paragraphs (3) and (4) shall be kept at the principal office of the authority concerned, and shall be made available for inspection by any person during office hours.

(8) Where a request is made to—

(

a

) a supervisory authority for a copy of an entry in the register maintained by it under paragraph (3), or

(

b

) a sanitary authority for a copy of a record maintained by it under paragraph (4),

the authority shall issue such a copy to the applicant on, if so required, the payment by the applicant of a fee of such an amount (not exceeding the reasonable cost of making the copy) as may be determined.

(9) Subject to any guidelines that the Minister may issue for the purposes of this paragraph, in order to facilitate public access to information, the authorities referred to in paragraph (8) may keep a register or record (or part of it) under this Regulation in electronic format (such as on an internet website), provided that the register or record is capable of being used to make a legible copy or reproduction of any entry in it, and references in this Regulation to a copy of an entry in a register or a record shall be construed as including references to such electronic format or such legible copy or reproduction.

(10) Evidence of an entry in a register or a record may be given by production of a copy of it certified by an officer of the supervisory authority as being a true copy.

Protection of human health.

9. (1) Where a sanitary authority, in consultation with the Health Service Executive, considers that a supply of water intended for human consumption constitutes a potential danger to human health, the authority shall, subject to agreement with the Health Service Executive, 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,

(

b

) consumers are informed promptly thereof and given the necessary advice, and

(

c

) in the case of a public water supply, the Agency is informed promptly.

(2) For the purposes of paragraph (1), and subject to agreement with the Health Service Executive, where a supervisory authority is of the opinion that—

(

a

) non-compliance with a water quality standard or other parametric value specified in Part 1 of the Schedule, or

(

b

) the presence of any substance or micro-organism for which no water quality standard has been prescribed,

in water intended for human consumption, or the inefficiency of related disinfection treatment, constitutes, or may constitute, a risk to human health, the supervisory authority shall issue such direction to the relevant water supplier as it considers necessary to ensure that appropriate measures are taken for the purposes of preventing, limiting, eliminating or abating such risk, and the water supplier shall comply with such a direction.

(3) For the purposes of paragraph (2), a supervisory authority shall decide what action should be taken under this Regulation having due regard to the risks to human health that would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.

(4) The duty imposed on a sanitary authority by paragraph (1) shall apply whether or not any failure to meet a parametric value specified in Part 1 of the Schedule has occurred.

(5) The Agency may issue guidelines to assist sanitary authorities to fulfil their obligations under this Regulation.

(6) A water supplier commits an offence if it fails to comply with a direction from a supervisory authority under this Regulation.

(7) A sanitary authority commits an offence if it fails to inform the Agency in accordance with paragraph (1)(

c

).

Remedial action.

10. (1) Each relevant sanitary authority shall ensure that any failure to meet the parametric values specified in Part 1 of the Schedule in its water supply, or in a water supply for which it is a supervisory authority, is immediately investigated by the relevant water supplier so as to identify the cause of such failure.

(2) For the purposes of paragraph (1), where a water supplier discovers a failure to meet the values specified in Part 1 of the Schedule in its water supply, that person shall notify the relevant supervisory authority for that supply in accordance with such guidelines as the Agency may issue for that purpose.

(3) A water supplier commits an offence if that person fails to notify the relevant supervisory authority in accordance with paragraph (2).

(4) Subject to Regulation 9 and paragraphs (5) and (8), where it is found, as a result of monitoring carried out for the purposes of these Regulations, that the quality of water intended for human consumption does not meet the parametric values specified in Part 1 of the Schedule, the supervisory authority shall, subject to any departures in force under these Regulations—

(

a

) ensure that the necessary remedial action is taken by the water supplier as soon as possible to restore the quality of the water, and may issue such directions as it considers appropriate for this purpose to the relevant water supplier;

(

b

) 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;

(

c

) unless indicated otherwise in guidelines under paragraph (8), within 14 days of receiving the monitoring results, direct a water supplier to prepare an action programme and to submit it for the approval of the supervisory authority within 60 days, and to 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 approval by the supervisory authority of the 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 that present a risk to human health, and

(ii) two years from the date of approval by the supervisory authority of the 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 clause (i).

(5) (

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, a supervisory authority shall consider whether or not such non-compliance poses a risk to human health.

(

b

) Where it is determined that such risk exists, the supervisory authority shall apply the provisions of paragraph 4(

c

), and the relevant water supplier shall take remedial action to restore the quality of the water within the timeframe specified in the programme.

(6) A supervisory authority may amend an action programme submitted to it under paragraph (4)(

c

) before approving it, and the action programme thus amended and approved shall be regarded as the action programme for the purposes of these Regulations.

(7) An action programme under this Regulation shall include such interim measures as may be appropriate, and shall have regard to the provisions of any strategic water supply plan made by a sanitary authority for the area in which the water supply is situate.

(8) The Agency may issue guidelines in relation to the nature and timing of remedial, enforcement or other relevant action under this Regulation in specified circumstances, depending on the extent and likely consequences of a non-compliance with parametric values specified in Part 1 of the Schedule, and a sanitary authority shall take such guidelines fully into account when fulfilling its obligations under paragraph (4).

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

(10) For the purposes of paragraph (1), each water supplier shall maintain a record of any incidence of failure to meet the parametric values specified in Part 1 of the Schedule, and such record shall include details of—

(

a

) the date of the incident,

(

b

) the extent and duration of the failure,

(

c

) the cause of the failure, and

(

d

) details of any complaint received arising from such failure.

(11) Records referred to in paragraph (10) shall be made available by a water supplier to a supervisory authority on request from the supervisory authority.

(12) A water supplier commits an offence if that person fails to—

(

a

) comply with a direction under paragraph (4),

(

b

) inform consumers in accordance with paragraph (9)

(

c

) maintain records for the purposes of paragraph (10) or

(

d

) make a record available to a supervisory authority on request under paragraph (11).

Departures from standards.

11. (1) A departure from the parametric values specified in Table B in Part 1 of the Schedule, up to a maximum value for each such departure to be determined by the Agency, may on application by a sanitary authority, subject to the agreement of the Health Service Executive, be granted by the Agency in relation to a water supply, provided no such departure constitutes a potential danger to human health and that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means.

(2) An application to the Agency for the grant of a departure under paragraph (1) in respect of a water supply shall be made by a sanitary authority in whose area the water supply is located.

(3) An application for a departure under paragraph (1) shall contain such information as may be specified by the Agency.

(4) A departure granted under paragraph (1) shall—

(

a

) be subject to such conditions as may be specified by the Agency,

(

b

) have effect for as short a period of time as possible, which shall not exceed three years,

(

c

) subject to paragraph (5), specify the matters set out in Part 4 of the Schedule, and

(

d

) be reviewed by the Agency prior to the end of the period of the departure so as to determine whether sufficient progress has been made in the opinion of the Agency.

(5) (

a

) Subject to sub-paragraph (

b

), paragraph (4) shall not apply in any case where the Agency considers that—

(i) the non-compliance with the parametric value is trivial, and

(ii) the action taken in accordance with Regulation 10(4)(

a

) is sufficient to remedy the problem within 30 days,

and in such a case, a departure granted under this Regulation need specify only the maximum permissible value for the parameter and the time allowed to remedy the problem.

(

b

) Sub-paragraph (

a

) shall not apply in the case of a water supply where failure to comply with any one parametric value in relation to that supply has occurred on more than 30 days on aggregate during the previous twelve months.

(6) The Agency may grant a second departure, which shall not exceed three years, up to a maximum value to be determined by the Agency and subject to the agreement of the Health Service Executive, and where it does so—

(

a

) the Agency shall forward the related review to the Minister, and notify him or her of the departure and the reasons for granting it;

(

b

) the Minister shall forward the related review and details of the reasons for granting the second departure to the Commission of the European Communities.

(7) In exceptional circumstances, the Minister may, at the request of the Agency, apply to the Commission of the European Communities for a third departure up to a maximum value determined by the Agency with the agreement of the Health Service Executive, for a period not exceeding three years.

(8) Where any departure, other than a departure to which paragraph (5) applies, involves an individual supply of water exceeding one thousand cubic metres a day as an average or serving more than five thousand people, the Agency shall immediately notify the Minister, who shall in turn notify the Commission of the European Communities within two months of the date of the granting of the departure, specifying the matters set out in Part 4 of the Schedule.

(9) A sanitary authority which is granted a departure under this Regulation, other than a departure to which paragraph (5) applies, shall ensure that—

(

a

) the population affected by such departure is informed promptly in an appropriate manner of the departure and of the conditions governing it, and

(

b

) advice is given, where necessary, to particular population groups for which the departure could present a special risk.

Intervention by supervisory authority.

12. (1) Without prejudice to Regulation 9, having exercised such of its powers under these Regulations as it considers appropriate, and having considered any information furnished to it or otherwise coming into its possession in consequence of that exercise, each supervisory authority shall, with a view to achieving satisfactory compliance of water supplied for human consumption with relevant water quality standards or other parametric values specified in Part 1 of the Schedule, do all or any of the following

(

a

) issue such direction to a water supplier, as it considers necessary;

(

b

) provide, on such terms and conditions as may be agreed, such assistance or support as the supervisory authority considers, in consultation with the water supplier, would be helpful.

(2) Where a water supplier fails to comply with a direction issued under paragraph (1) or Regulation 9, the supervisory authority may carry out, cause to be carried out, or arrange for, such action as it considers necessary to ensure compliance with that direction, and the costs of such action may be recovered by the authority from the water supplier concerned as a simple contract debt in any court of competent jurisdiction.

Quality of treatment, equipment and materials.

13. (1) Each 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 that any such substance or materials do not, either directly or indirectly, reduce the protection of human health provided for in these Regulations.

(2) Each water supplier shall take all measures necessary to ensure that, where disinfection forms part of the preparation or distribution of water intended for human consumption, 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, in accordance with such directions as the relevant supervisory authority may give.

(3) A supervisory authority may direct a water supplier to undertake specific measures for the purpose of compliance with paragraph (1) or (2).

(4) A water supplier commits an offence if that person fails to comply with a direction under paragraph (3).

Information in case of exempted supplies.

14. (1) Each relevant sanitary authority shall take measures, in accordance with guidelines issued by the Agency, 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.

(2) The Agency may issues guidelines for the purposes of paragraph (1), which shall be binding.

(3) Where it is apparent to a sanitary authority that a potential danger to human health arises from the quality of an exempted supply, it shall ensure that the consumers of that supply are given appropriate advice promptly.

(4) A sanitary authority commits an offence if it fails to comply with paragraphs (1) or (3).

Quality to be maintained.

15. Measures taken by a supervisory 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.

Directions.

16. (1) A supervisory authority may give such directions as it considers appropriate for the purposes of its functions under these Regulations.

(2) A person commits an offence if that person fails to comply with a direction under paragraph (1).

Performance verification.

17. (1) Each supervisory authority shall undertake an audit of water supplies for which it has supervisory responsibility, to ensure that the provisions of these Regulations are being complied with by the relevant water supplier.

(2) The frequency and content of the audit provided for in paragraph (1) shall be in accordance with guidelines prepared by the Agency under this Regulation.

(3) The Agency may issue guidelines for the purposes of paragraph (2), which shall be binding on all supervisory authorities.

Injunctive relief.

18. (1) Where, on application by a supervisory authority to the High Court, the Court is satisfied that a person has failed to comply with a direction or a requirement of, or under, these Regulations, the Court may by order—

(

a

) direct the person to comply with the direction or requirement, and

(

b

) make such other provision, including provision in relation to the payment of costs, as the Court considers appropriate.

(2) An application for an order under this Regulation shall be by motion, and the High Court, when considering the matter, may make such interim or interlocutory order as it considers appropriate.

(3) An application for an order under this Regulation may be made whether or not there has been a prosecution for an offence under these Regulations in relation to the activity concerned, and shall not prejudice the initiation of a prosecution for an offence under these Regulations in relation to the activity concerned.

Powers of authorised persons.

19. (1) An authorised person may at all reasonable times, or at any time if that person has reasonable grounds for believing that there is or may be a risk to human health, enter any premises for the purpose of these Regulations, and bring on to those premises such other persons or equipment, and carry out such work as that authorised person may consider necessary.

(2) When exercising the powers conferred under these Regulations, an authorised person shall, if so required, provide evidence of the authorised person’s authority.

(3) A person who—

(

a

) refuses to allow an authorised person on to a premises, or to allow an authorised person to bring any other person or equipment with him or her on to a premises or carry out any work in the exercise of the authorised person’s powers under these Regulations,

(

b

) obstructs or impedes an authorised person in the exercise of the authorised person’s powers,

(

c

) gives to an authorised person information which, to the knowledge of the person giving it, is false or misleading in a material respect, or

(

d

) fails or refuses to comply with a direction or requirement of an authorised person,

commits an offence.

Charges by supervisory authorities.

20. (1) A supervisory authority may charge for monitoring the quality of water supplies intended for human consumption.

(2) A charge made by a supervisory authority by virtue of paragraph (1) shall be of such amount as the authority considers appropriate, but shall not exceed the cost of such monitoring.

(3) A supervisory authority may recover the amount of any charge made by it under paragraph (1) as a simple contract debt in any court of competent jurisdiction.

Offences by bodies corporate.

21. (1) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or of a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if that person was guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member was a director of the body corporate.

Prosecutions and penalties.

22. (1) A prosecution for an offence under these Regulations may be taken by the Agency or relevant sanitary authority, as appropriate.

(2) A person guilty of an offence under these Regulations is liable on conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 3 months, or both.

Revocation.

23. The European Communities (Drinking Water) Regulations 2000 (

S.I. No. 439 of 2000

) are hereby revoked.

SCHEDULE

Part 1

PARAMETERS AND PARAMETRIC VALUE

S

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

μg/l

Note 1

4

Antimony

5.0

μg/l

5

Arsenic

10

μg/l

6

Benzene

1.0

μg/l

7

Benzo(a)pyrene

0.010

μg/l

8

Boron

1.0

mg/l

9

Bromate

• until 24 December 2008

25

μg/l

• from 25 December 2008

10

μg/l

10

Cadmium

5.0

μg/l

11

Chromium

50

μg/l

12

Copper

2.0

mg/l

Note 2

13

Cyanide

50

μg/l

14

1,2-dichloroethane

3.0

μg/l

15

Epichlorohydrin

0.10

μg/l

Note 1

16

Fluoride

(

a

) fluoridated supplies

0.8

mg/l

(

b

) supplies with naturally occurring fluoride, not needing further fluoridation

1.5

mg/l

17

Lead

Notes 2 and 3

• until 24 December 2013

25

μg/l

• from 25 December 2013

10

μg/l

18

Mercury

1.0

μg/l

19

Nickel

20

μg/l

Note 2

20

Nitrate

50

mg/l

Note 4

21

Nitrite

0.50

mg/l

Note 4

22

Pesticides

0.10

μg/l

Notes 5 and 6

23

Pesticides — Total

0.50

μg/l

Note 5 and 7

24

Polycyclic aromatic hydrocarbons

0.10

μg/l

Sum of concentrations of specified compounds; Note 8

25

Selenium

10

μg/l

26

Tetrachloroethene and Trichloroethene

10

μg/l

Sum of concentrations of specified parameters.

27

Trihalomethanes — Total

Sum of concentrations of specified compounds;Note 9

• until 24 December 2008

150

μg/l

• from 25 December 2008

100

μg/l

28

Vinyl chloride

0.50

μg/l

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. 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 3 All appropriate measures shall be taken to reduce the concentration 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 4 Compliance must be ensured with the conditions that [nitrate]/50 + [nitrite]/3 1, the square brackets signifying the concentrations in mg/l for nitrate (NO

3

) and nitrite (NO

2

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

Note 5 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 6 The parametric value applies to each individual pesticide. In the case of aldrin, dieldrin, heptachlor and heptachlor epoxide the parametric value is 0.030 μg/l.

Note 7 “Pesticides— Total” means the sum of all individual pesticides detected and quantified in the course of the monitoring procedure;

Note 8 The specified compounds are

- benzo(

b

)fluoranthene

- benzo(

k

)fluoranthene

- benzo(ghi)perylene

- indeno(1,2,3-cd)pyrene.

Note 9 The specified compounds are: chloroform, bromoform, dibromochloromethane and bromodichloromethane.

All appropriate measures must be taken to reduce the concentration of trihalomethanes 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 trihalomethane concentrations in water intended for human consumption are highest.

TABLE C

INDICATOR PARAMETERS

Parameter

Parametric value

Unit

Comment

29

Aluminium

200

μg/l

30

Ammonium

0.30

mg/l

31

Chloride

250

mg/l

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

μS cm

-1

at 20° C

Note 1

35

Hydrogen ion concentration

6.5 and 9.5

pH units

Note 1

36

Iron

200

μg/l

37

Manganese

50

μg/l

38

Odour

Acceptable to consumers and no abnormal change

39

Oxidisability

5.0

mg/l 02

Note 3

40

Sulphate

250

mg/l

Note 1

41

Sodium

200

mg/l

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. cryptosporidium.

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 the Directive.

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