Dwr Cymru Cyfyngedig – Regulation 18 & 19 Investigations
Notice under regulation 28(4) of the Water Supply (Water Quality) Regulations 2018 (as amended)
Reference: DWR-2024-00007
Version Number: 1
Water undertaker as appointed under section 6 of the Water Industry Act 1991 (as amended): Dwr Cymru Cyfyngedig, with registered number 02366777 (hereinafter called ‘the Company’).
Assets Affected:
- Whole company
Details of this Notice:
- The Drinking Water Inspectorate (‘the Inspectorate’) has received a set of regulation 28(1) reports of the Water Supply (Water Quality) Regulations 2018 (‘the Regulations’) from the Company dated 13 October 2023, which states that there is or has been a significant risk of supplying water from multiple sites (and associated assets as applicable) that could constitute a potential danger to human health or could be unwholesome.
- Consequently, this Notice is served on the Company by the Inspectorate on behalf of the Welsh Ministers, under regulation 28(4) for the assets listed above, for risks associated with:
|
Description of Risk |
Control Measure |
Hazard I D |
|---|---|---|
|
Investigation into sampling failures risk breaching regulation 18 and 19. |
Procedures relating to regulation 18 and 19 investigations, e.g. PL(3)08 |
Multiple, e.g. D103446 |
- The Company are required to satisfy the following requirements.
The date given is that until or by which the requirements must be maintained or satisfied, as appropriate.
Requirements:
(a) To maintain the following measures for the period specified in each case:
- In all instances where the water fails, is likely to fail or has the potential to fail to satisfy regulation 4(2); or is regarded as unwholesome by virtue of regulation 4(4), carry out a representative sampling survey, investigation and assessment of risk, in accordance with the documented strategy and related procedures. Where appropriate, this should include sampling to validate the company’s risk assessment.
Date: Ongoing for the duration of this Notice - All relevant staff to continue to follow current drinking water quality procedures.
Date: Ongoing for the duration of this Notice - All relevant staff are kept up to date on policy and procedural changes
Date: Ongoing for the duration of this Notice - Maintain the existing reactive and routine procedure review and associated management sign-off programme(s).
Date: Ongoing for the duration of this Notice - Continue the training of new staff and refresher training of existing staff at the specified frequency.
Date: Ongoing for the duration of this Notice - Inform the Inspectorate when a regulation 18-19 procedure is not followed.
Date: Ongoing for the duration of this Notice
(b) To review, revise or make operational the following measures, by the dates specified in each case:
- Complete a critical analysis in line with industry good practice of all strategies and procedures relating to regulation 18 and 19 investigations.
a. Complete the review
Date: 31 October 2025
b. Update procedures, where gaps have been identified in the critical analysis.
Date: 31 January 2026
c. Rebrief staff on any procedural changes.
Date: 31 March 2026
d. Incorporate any changes to procedures into staff training, where appropriate.
Date: 31 January 2027 - Conduct a critical review of the dashboard used to track compliance with all procedural requirements.
Date: 31 July 2027 - Implement any changes made as a result of the review in b)2, and demonstrate how compliance will be measured.
Date: 31 January 2028 - Review the process of continuous improvement of regulation 18 and 19 procedures and supporting processes, including feedback and learning from reportable and non-reportable events, breaches of water quality standards and non-compliance with relevant procedures. Consider effectiveness of refresher training, how to prevent recurrence and opportunities for improving performance, such as sample analysis turnaround time.
Date: 31 January 2028 - Implement any changes made as a result of the review in b)4.
Date: 31 July 2028 - Review and update the procedure for reporting and escalation of operational and regulatory sample breaches from the laboratory to the water quality team, to ensure timely response according to the relevant investigatory procedure.
Date: 31 January 2026 - Review and update the procedure for monitoring, triage, reporting and escalation of water quality contacts from the customer contact centre, or any other contact (such as on site), to the water quality team, to ensure timely response according to the relevant investigatory procedure.
Date: 31 January 2026 - Review and update the procedure for reporting and escalation of events / potential events, potential deteriorations in water quality and coordination of relevant teams (source to tap) to the water quality team, to ensure timely response according to the relevant investigatory procedure. For example, investigating catchment pollution sources or the water quality impacts of reactive network activity.
Date: 31 January 2026
(c) To audit whether the measures have been effective by the following means:
- Define an audit strategy to monitor the effectiveness of the measures specified in sections (a) and (b).
Date: 28 February 2025 - Implement, and keep under continuous review, the audit strategy defined in measure (c)1.
Date: Following completion of measure (c)1. onwards.
(d) Not to supply water for regulation 4(1) purposes from all assets, or not to so supply unless the specified conditions below are satisfied:
- Not applicable
(e) To provide the following information in the time and manner specified below to enable monitoring of progress towards the mitigation of the risks:
- Provide a progress report annually.
Date: by 31 January each year. - Provide a report on the critical analysis, as described in (b)1)a.
Date: 30 November 2025 - Provide a report, including evidence of updated procedures, as described in (b)1)b.
Date: 28 February 2026 - Provide evidence of staff rebriefing following procedural updates, as described in (b)1)c.
Date: 30 April 2026 - Provide a report, including evidence of changes made to staff training materials, as described in (b)1)d.
Date: 28 February 2027 - Provide a report on the critical review of the dashboard, as described in (b)2.
Date: 31 August 2027 - Confirm completion of any changes made to the dashboard, as described in (b)3.
Date: 28 February 2028 - Provide a report following the review as described in (b)4.
Date: 28 February 2028 - Confirm completion of any improvements, as described in (b)5.
Date: 31 August 2028 - Provide a report on the reviews as described in (b)6, (b)7 and (b)8.
Date: 28 February 2026 - Submit the audit strategy for auditing the effectiveness of the measures, as specified in measure (c)1.
Date: 31 March 2025 - Submit any revisions of the audit strategy produced under measure (c)2.
Date: Within 1 month of a revision - Submit a report in the event that any completed measures of this Notice need to be altered in any way, for any reason.
Date: Ongoing for the duration of this Notice - Submit a satisfactory completion report accompanied by a revised regulation 28(1) report with Board level Director sign-off.
Date: 31 August 2029
Further Details of this Notice:
- Any product or substance used as a result of the requirements in this Notice must comply with regulation 31.
- Under regulation 28(6) the Inspectorate, on behalf of the Welsh Ministers, may by notice served on the Company, revoke or vary this Notice.
- Failure by the Company to comply with this Notice may result in enforcement proceedings under section 18 of the Water Industry Act 1991 (as amended).
Nicholas Adjei
Deputy Chief Inspector, on behalf of the Welsh Ministers
18 December 2024
Reference: DWR-2024-00007