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Notice of Regulation: Northumbrian Water Hazards Review

NOTICE UNDER REGULATION 28(4) OF THE WATER SUPPLY (WATER QUALITY) REGULATIONS 2016 (AS AMENDED)

Northumbrian Water Limited: Water Treatment Works Improvements Hazard Review

Reference: NES-2021-00002

Water undertaker as appointed under section 6 of the Water Industry Act 1991 (as amended): Northumbrian Water Limited, with registered number 02366703 (hereinafter called ‘the Company’).

Assets affected:
This Legal Instrument covers the Treatment Works listed in Annex 1

  1. The Drinking Water Inspectorate (‘the Inspectorate’) has received a set of regulation 28(1) reports of the Water Supply (Water Quality) Regulations 2016 (as amended) (‘the Regulations’) from the Company on 21 October 2020, which states that there is or has been a significant risk of supplying water from Northumbrian Water Limited treatment works assets that could constitute a potential danger to human health and present a risk to wholesomeness.
  2. Consequently, this Notice is served on the Company by the Inspectorate on behalf of the Secretary of State, under regulation 28(4) for the assets listed above, for Hazards associated with:

Hazards

Listed Control Measures

E. coli

Coliforms

Turbidity

Cryptosporidium

No Supply

And any other hazards listed in Annex 1

Sampling and analysis

Training and Procedures

Validation and calibration

Flow control

Pre-planned maintenance

Reactive maintenance

Online monitoring and alarms

Standby and call out

Audit and visual inspection

Process control checks

  1. The Company are required to satisfy the following:

Requirements

(a) to maintain the following measures for the period specified in each case:

  1. Up-to-date works operating manuals and procedures, defining normal operating ranges, with appropriate triggers, response and contingency procedures, with controlled update and review programmes.
    Date: Ongoing for the duration of this Notice
  2. Ensure all water quality related operational and maintenance tasks are carried out at the current prescribed schedule.
    Date: Ongoing for the duration of this Notice
  3. Ensure the works control, shutdown and restart systems are operational and that monitors are calibrated at the predefined frequencies.
    Date: Ongoing for the duration of this Notice
  4. Ensure operational staff are kept up to date on policy and procedural changes.
    Date: Ongoing for the duration of this Notice
  5. Enhanced microbiological and chemical parameter monitoring in line with company procedures where new risks to water quality from the asset are identified.
    Date: Ongoing for the duration of this Notice
  6. Maintain records of remedial work completed on all water treatment works.
    Date: Ongoing for the duration of this Notice
  7. Incorporate summaries of Hazard Review outputs and action completion on all surface and ground water treatment works compliance failure and event reports submitted to the DWI.
    Date: Ongoing for the duration of this Notice
  8. Maintain contingency plans to protect human health in the event of a risk associated with drinking water quality, which should include liaison with local authorities and Public Health England.
    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:

  1. Develop methodology for the completion of site-specific hazard reviews that includes the assessment of compliance with Regulation 26 and the requirements of Regulation 4 standards in addition to the recommendations from the Expert Group on Cryptosporidium “Badenoch and Bouchier”.
    Date: 31 August 2021
  2. Develop a process to enable the recording and documentation of operational and asset base hazards at each surface and ground water treatment works, ensuring compliance with methodology developed in (b)1. and Regulation 27 and 28(1) reporting.
    Date: 31 August 2021
  3. Develop a programme of work, including timescales for completing each site specific hazard review. The programme should be kept under regular review and a risk-based approach should determine the priority order of sites.
    Date: 31 August 2021
  4. Pilot the methodology (b)1 for hazard reviews and documentation (b)2 at six sites of varying complexity.
    Date: 31 December 2021
  5. Following completion of (b)4. evaluate the effectiveness of (b)1 and 2 and revise methodology and documentation for reporting accordingly.
    Date: 31 December 2021
  6. Undertake a review of each remaining surface and groundwater treatment works (listed in Annex 1).
    Date: 31 October 2023
  7. Identify and implement short term mitigation as soon as reasonably practicable, based on a suitable risk assessment where any hazards that have the potential to contribute to Regulation 4 breaches are identified through the completion of (b)4 and 6.
    Date: Within a maximum of 12 months from the date of the works Hazard Review. See Annex 1 for delivery dates (required under (e)1.d and (e)1.e)
  8. Identify and implement a permanent solution as soon as reasonably practicable, based on a suitable risk assessment, where any hazards that have the potential to contribute to Regulation 4 breaches are identified through the completion of (b)4. and 6. This may include a risk-based programme of work submitted as part of Price Review 2024 (PR24).
    Date: See Annex 1 for individual delivery dates (required under (e)1.e)

(c) to audit whether the measures have been effective by the following means:

  1. Define an audit strategy to monitor the effectiveness of the measures specified in section (a) and (b).
    Date: 1 month after Notice served
  2. Implement, and keep under continuous review, the audit strategy defined in measure (c)1.
    Date: Following completion of measure (c)1. and for the duration of the Notice.

(d) not to supply water for regulation 4(1) purposes, or not to so supply unless the specified conditions below are satisfied:

  1. 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:

  1. Provide a progress report annually by 31 January and against the following milestones:
    Date: Annually by 31 January and as required to keep Annex 1 updated and accurate
    • a) Provide a copy of the audit strategy as produced under measure (c)1.
      Date: 2 months after the Notice is served and updates where required
    • b) Submit methodology for surface and ground water treatment works hazard reviews ((b)1).
      Date: 30 September 2021 and any revisions by 31 January 2022 following completion of (b)4 and 5.
    • c) Submit the procedure for reporting and documenting the operational and asset base hazards at each surface and ground water treatment works ((b)2).
      Date: 30 September 2021 and any revisions by 31 January 2022 following completion of (b)4. and 5.
    • d) Submit programme of work via an updated Annex 1, showing timescales for completing each site-specific hazard review ((b)3).
      Date: 30 September 2021, and upon revision in response to any necessary risk-based priority assessment
    • e) Following completion of (b)4., 6.,7. and 8. for each surface or ground water treatment works submit a summary report of the hazards identified and the associated short term mitigating actions and permanent solutions that will be completed on site under (b)7 and 8, including dates for delivery. Include amended Annex 1 with each summary report submission. Ensure Regulation 28(1) reports are kept up to date following each works Hazard Review.
      Date: Quarterly submission 1 month after quarter period ends. For example; 01 January to 31 March will be submitted 30 April. Submission for each surface or ground water treatment works hazard review completed in the quarter period as per dates provided in Annex 1 under reporting measure (e)1.d.
    • f) Confirm completion of all surface and ground water treatment works hazard reviews.
      Date: 31 November 2023
    • g) Following completion of surface and ground water treatment works hazard reviews ((b)4. and 6.) complete an appraisal of the delivery programme submitted for (b)7 and viii under (e)1.e. For sites where hazards have been permanently mitigated ((b)8); submit a summary completion report providing evidence of permanent hazard mitigation and evaluation against (c)1. Include revised Annex 1 with each summary report submission.
      Date: Quarterly for the duration of the Notice
  2. Submit a report in the event that any completed measure of this Notice needs to be altered in any way for any reason.
    Date: Ongoing for the duration of this Notice.
  3. Submit a satisfactory completion report accompanied by a revised regulation 28(1) report with board level Director sign-off.
    Date: 30 April 2026 (date will be subject to change following (e)1. e. and (e)1.g. submissions
  1. Any product or substance used as a result of the requirements in this Notice must comply with regulation 31.
  2. Under regulation 28(6) the Inspectorate, on behalf of the Secretary of State, may by notice served on the Company, revoke or vary this Notice.
  3. 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).

Signed
Laura Moss
Deputy Chief Inspector, on behalf of the Secretary of State for Environment, Food and Rural Affairs
11 June 2021
Reference: NES 2021/0002
30 April 2026 (date will be subject to change following (e)i. e. and (e)i.g. submissions
Version 1

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