PROVISIONAL ENFORCEMENT ORDER – SECTION 18 WATER INDUSTRY ACT 1991
Severn Trent Water Limited
NOTICE UNDER SECTION 20 WATER INDUSTRY ACT 1991
The Secretary of State for Environment, Food and Rural Affairs gives notice as required by section 20(1) of the Water Industry Act 1991 that –
(1) he proposes to confirm a Provisional Enforcement Order made under section 18 of the Water Industry Act 1991(“the Act”) requiring Severn Trent Water Limited (‘the company’) to carry out the remedial actions set out in the attached Schedule, which forms part of the Order;
(2) the said Provisional Order will be made for the purpose of securing compliance with the requirement of regulation 4 of the Water Supply (Water Quality) Regulations 2016 (as amended) (“the Regulations”) and section 68 of the Act;
(3) the company are at risk of contravening regulation 4 of the Regulations and section 68 of the Act (please see the attached letter enclosed with this Notice for further details of the contraventions);
(4) the company has not taken all such appropriate steps for the purpose of securing compliance with those requirements;
(5) representations or objections with respect to the confirmation of the Provisional Order may be made by 28 October 2024 and should be addressed to –
Marcus Rink
Chief Inspector of Drinking Water
Signed by authority of the
Secretary of State for Environment, Food and Rural Affairs
PROVISIONAL ENFORCEMENT ORDER – SECTION 18 WATER INDUSTRY ACT 1991
WHEREAS-
(1) The Secretary of State for Environment, Food and Rural Affairs (‘the Secretary of State’) is the relevant Enforcement Authority for the purposes of sections 18(6) and 19(2) of the Water Industry Act 1991 (‘the Act’):
(2) Severn Trent Water Limited (‘the company’) holds an appointment under the Secretary of State as a water undertaker under Chapter I of Part II of the Act;
(3) The company is thereby subject to the requirements to perform duties imposed by or under any enactment placed on such undertakers by section 6(2)(a) of the Act, including a duty to comply with the requirements of the Water Supply (Water Quality) Regulations 2016 (‘the Regulations’);
(4) Section 68 of the Act places a duty on water suppliers to ensure any water supplied is wholesome at the time of supply. Regulation 4 of the Regulations requires that water supplied to premises for domestic purposes is wholesome.
(5) The company was notified on 30 September 2024 of the Secretary of State’s intention to confirm a Provisional Enforcement Order under section 18 of the Act in respect of likely contravention of section 68 of the Act and regulation 4 of the Regulations.
(6) Under the provisions of section 19 of the Act the Secretary of State is not required to confirm a Provisional Enforcement Order if he is satisfied that the contravention was of a trivial nature, or if he is satisfied that the company has given, and is complying with, an undertaking to take all such steps as it appears to him for the time being appropriate for the company to take for the purposes of securing or facilitating compliance with the requirement in question.
NOW THEREFORE –
(1) This Provisional Enforcement Order under Section 18(4) of the Act for the purposes of securing compliance with The Water Supply (Water Quality) Regulations 2016 (as amended), takes immediate effect.
(2) The company is hereby required to take the steps outlined in the attached Schedule with effect from the day after this Provisional Order is confirmed.
Signed by authority of the Secretary of State for Environment, Food and Rural Affairs
Marcus Rink
Chief Inspector of Drinking Water
30 September 2024
Reference: SVT-2024-00020
Schedule of Works
Severn Trent Water Limited – Scalford Road Bottled Water
Date: 1 October 2024
Reference: SVT-2024-00020
Version Number: 2
Water undertaker as appointed under section 6 of the Water Industry Act 1991 (as amended): Severn Trent Water Limited, with registered number 02366686 (hereinafter called ‘the Company’).
Assets Affected:
All supply systems operated by Severn Trent Water Limited, where alternative water may be supplied from the bottled water storage at Scalford Road.
Steps to be taken:
The Company is required to implement the following steps by the date given in each case:
- The company must not supply water for regulation 4 purposes, as an alternative to piped supplies, bottled water that has been stored at Scalford Road.
Date: Ongoing for the duration of the Order - Conduct analytical testing at a frequency of one bottle per pallet from the bottled water stock which has been stored at Scalford Road, inclusive of all parameters listed in schedule 1 of the Regulations.
Date: 14 October 2024 - Provide video evidence of the physical destruction of the bottled water that has been stored at Scalford Road.
Date: 14 October 2024 - Conduct an internal review of the circumstances pertaining to bottled water intended for human consumption to be stored in unsanitary conditions.
Date: 14 October 2024 - Conduct a facilities review of all other bottled water storage sites operated by Severn Trent Water and/or its contractors, which may be provided to consumers for regulation 4 purposes.
Date: 28 October 2024 - Implement any changes to bottled water storage facilities, as a matter of urgency and as identified in step 4 above.
Date: 30 November 2024 - Review all procedures and polices associated with bottled drinking water storage and make amendments where necessary, to ensure wholesomeness and protection of public health are prioritised. Complete the training of all relevant staff on the amended procedures.
Date: 30 November 2024 - Define and implement an audit strategy to monitor the effectiveness of the Company’s delivery of the steps within this order.
Date: 14 October 2024
Reporting:
Provide the Inspectorate with the following reports as specified.
- Provide the analytical results of the bottled water stored at Scalford Road for all parameters in schedule 1 of the Regulations.
Date: 28 October 2024 - Provide evidence of the physical destruction of the physical destruction of the bottled water that has been stored at Scalford Road.
Date: 28 October 2024 - Provide a report on the internal review of the circumstances pertaining to bottled water intended for human consumption to be stored in unsanitary conditions.
Date: 28 October 2024 - Provide a report detailing the facilities review of all other bottled water storage sites operated by Severn Trent Water and/or its contractors, which may be provided to consumers for regulation 4 purposes.
Date: 28 November 2024 - Provide a report detailing the Implementation of any changes to bottled water storage facilities, as a matter of urgency and as identified in step 4 above.
Date: 18 December 2024 - Provide the updated procedures and polices associated with bottled drinking water storage. Provide details of the training of all relevant staff on the amended procedures.
Date: 18 December 2024 - If the Company has any reason to believe it may not be able to meet any of the dates set out in this Schedule of Works, it must notify the Inspectorate as soon as reasonably practicable after being made aware and in any case, within one month.
Date: as soon as reasonably practicable after being made aware and in any case, within one month; ongoing for the duration of the order - Submit a report in the event that any completed step of this Order needs to be altered in any way, for any reason.
Date: As soon as reasonably practicable after being made aware and in any case, within one month; ongoing for the duration of the order - Submit the audit strategy for auditing the effectiveness of the measures.
Date: 28 October 2024 - Submit any revisions of the audit strategy.
Date: Within 1 month of a revision - Report: Submit a satisfactory completion report.
Date: 18 December 2024