Portsmouth Water Limited – AMP8 Lovedean Nitrate

Notice under regulation 28(4) of the Water Supply (Water Quality) Regulations 2016 (as amended)

Reference: PRT-2023-00004

Version Number: 1

Water undertaker as appointed under section 6 of the Water Industry Act 1991 (as amended): Portsmouth Water Limited, with registered number 02536455 (hereinafter called ‘the Company’).

Assets Affected:

Asset Name	Reference
Lovedean Treatment Works	TLOV
Clanfield No 1 Reservoir	RCL1
Clanfield No 2 Reservoir	RCL2
Catherington Reservoir	RCAT
Lovedean Supply Zone	ZLO1

Table 1: List of assets affected and associated reference numbers.

Details of this Notice:

1. The Drinking Water Inspectorate (‘the Inspectorate’) has received a regulation 28(1) report of the Water Supply (Water Quality) Regulations 2016 (as amended) (‘the Regulations’) from the Company dated 18 October 2023, which states that there is or has been a significant risk of supplying water from Lovedean Treatment Works (and associated assets as applicable) that could constitute a potential danger to human health or could be unwholesome.
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 risks associated with:

Description of Risk	Hazard/ Hazardous Event/ Parameter	Hazard I D
Contaminant of concern – Nitrate	Nitrate	PRT/LOV/TLOV/T-IPA-1.1.32

Table 2: Table of the hazards, hazardous events, and/or parameters covered by this Notice, including the Hazard I D numbers and the description of risks.

3. 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:

1. Continuing the Company’s Catchment Management Programme that includes:
   Payment for Ecosystem Service (PES) package of funding to support farmers to reduce pollution across the priority catchments that are at risk of failing due to levels of nitrates.
   Capital Grant scheme for nitrate precision drilling and spraying equipment.
   Continued monitoring and management of local catchments and the addition of equine engagement activities.

Date: Ongoing for the duration of this Notice

2. Maintain continuous monitoring of the raw water for Nitrate at Lovedean sources.
   Date: Ongoing for the duration of this Notice
3. Ensure the works control and shutdown system is operational and that monitors are calibrated at the predefined frequencies as defined in the audit strategy.
   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. Complete the planning, design and procurement of an effective blending process for the reduction of Nitrate to secure the long-term protection of human health of those consumers receiving water from the associated supply system(s).
   Date: 31 March 2028
2. Complete the construction, installation, and commissioning into supply of the blending solution identified in (b)1. above to mitigate the risk from Nitrate. Commissioning must include the following to account for the changes made:
   An appropriate maintenance regime for any installed (or modified) processes;
   Full integration of any new (or modified) processes into the site control and monitoring systems.
   Updating of the any Site-Specific procedures;
   Updating of the Site Operating Manual and removal of all out-of-date material from circulation; and
   Provisions of adequate training for all relevant personnel on the operation, repair and maintenance of any installed (or modified) process and the revised procedures, policies and manual.

Date: 31 March 2030

(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 sections (a) and (b).
   Date: 31 March 2024
2. 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 Lovedean WTW, 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.
   Date: by 31 January each year.
2. Submit a report to evidence the completion of the planning, design and procurement of the chosen treatment process
   Date: 30 April 2028
3. Provide a report to evidence completion of the construction, installation, and commissioning into supply of the chosen solution.
   Date: 30 April 2030
4. Submit the audit strategy for auditing the effectiveness of the measures, as specified in measure (c)1.
   Date: 30 April 2024
5. Submit any revisions of the audit strategy produced under measure (c)2.
   Date: Within 1 month of a revision
6. 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
7. Submit a satisfactory completion report accompanied by a revised regulation 28(1) report with Board level Director sign-off.
   Date: 30 April 2031

Further Details of this Notice:

4. Any product or substance used as a result of the requirements in this Notice must comply with regulation 31.
5. 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.
6. 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

Nicholas Adjei
Deputy Chief Inspector, on behalf of the Secretary of State for Environment, Food and Rural Affairs
5 February 2024
Reference: PRT-2023-00004 v1