South East Water Limited – Tanks Inspection and Cleaning

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

Reference: SEW-2021-00007

Version Number: 3

Water undertaker as appointed under section 6 of the Water Industry Act 1991 (as amended): South East Water Limited, with registered number 02679874 (hereinafter called ‘the Company’).

Assets Affected:

• All the chlorine contact tanks, service reservoirs and treated water tanks (hereafter collectively referred to as ‘tanks’) used to supply water for regulation 4(1) purposes by the Company.

Details of this Notice:

1. The Drinking Water Inspectorate (‘the Inspectorate’) has received regulation 28(1) reports of the Water Supply (Water Quality) Regulations 2016 (as amended) (‘the Regulations’) from the Company submitted on 21 October 2022 and those dated 01 September 2022, which state that there is or has been a significant risk of supplying water from the Company’s tanks (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
Potential risks from storage of water in tanks; including contamination from ingress or egress, and microbiological re-growth.	Coliform bacteria
	Escherichia coli (E. coli)
	Enterococci
	Clostridium Perfringens
	Colony Counts
	Residual disinfectant (chlorine free and total)

Table 1: 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. Operate all tanks in accordance with current company policy, standards and procedures, that align to recognised standards of good practice.
   Date: Ongoing for the duration of this Notice
2. Maintain risk-based enhanced (in addition to routine regulatory sampling) sampling for any tanks listed in Annex 1. This must include, as a minimum, colony counts, E. coli and coliforms (full scope of enhanced monitoring to be determined under Company’s audit strategy (measure (c)1).
   Date: Ongoing for the duration of this Notice
3. Maintain proactive external site inspections, grounds maintenance, site security and asset maintenance. This must include periodic inspections of hatches, seals, redundant assets, sample taps, overflows, washouts and air valves.
   Date: Ongoing for the duration of this Notice
4. Maintain appropriate contingency plans (including liaison with relevant stakeholders as appropriate) to protect human health.
   Date: Ongoing for the duration of this Notice
5. Keep under review residual chlorine concentrations within tanks, to ensure appropriate set points and trigger values are in place to prevent a deterioration of drinking water quality.
   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 a programme of works (that includes robust ingression testing (e.g. flood or inundation testing) and completion of any tank remedial work required) using a risk-based approach, to carry out physical internal inspections of all tanks listed in Annex 1.
   Date: Complete
2. Review Annex 1 on at least an annual basis to ensure that all tanks that have not been cleaned and physically internally inspected in the last 10 years or more (or are scheduled to go beyond this), are identified within Annex 1. Update the regulation 28(1) risk assessment report as appropriate.
   Date: At least annually by 31 May (ongoing for the duration of the Notice).
3. Within 3 months of the identification of a new tank requiring addition to Annex 1 (following a review completed under measure (b)2), update the programme of works (that includes robust ingression testing and completion of any remedial work required) to include the physical internal inspections for the identified tank.
   Date: Within 3 months of the identification of a tank requiring addition to Annex 1 (ongoing for the duration of the Notice).
4. Commence the programme of works as specified (programme developed under measure (b)1 and as updated under measure (b)3 and (b)5) to completion. Maintain appropriate documentation of any remedial work completed.
   Date: Commence by 01 July 2022 thereafter, ongoing until its completion by 31 March 2025.
5. Keep the programme of works (developed under measure (b)1 and updated under (b)3) under continuous review, ensuring prioritisation of inspections based on risk.
   Date: Commence by 01 July 2022 thereafter, ongoing for the duration of the Notice
6. Develop a programme of works to complete the enabling works (and the testing thereof) required to allow the internal inspections of the assets listed in Annex 1 to take place.
   Date: 31 August 2023
7. Commence the enabling and testing programme of works developed under measure (b)6.
   Date: Commence by 01 September 2023 thereafter, ongoing until its completion.
8. Conduct a review of the ability to remove the Company’s tanks from supply.
   Date: Complete
9. Conduct a critical review of the:
   • effectiveness of the Company’s scheduling;
   • delivery of internal inspections of tanks;
   • current procedure for returning tanks to supply; and
   • current tank inspection, remediation and clean procedure (including the management of contractors),

and identify measures (as required) to address the findings of the critical review.
Date: 31 August 2023

10. Complete the measures identified under (b)9.
    Date: 31 January 2024
11. Develop a risk-based approach to determine the cleaning and physical internal inspection frequency of all the Company’s tanks, to include as a minimum:
    • Time since last inspected;
    • Date of construction/age;
    • Materials of construction/tank design;
    • Water quality history (to include as a minimum E. coli, coliforms, and colony counts);
    • Turnover and tank hydraulics;
    • Points of potential ingress (hatches, seals, redundant assets, overflows, washouts, and air valves (and associated alarms, where applicable));
    • Sample tap condition, tapping points, sample lines and material; and
    • Any other risks related to individual tanks.
      Date: 30 June 2024

12. Commence the risk-based approach to cleaning and physical internal inspections of all tanks within the Company’s supply area (developed under measure (b)11), to become the ‘business as usual’ implemented approach for completion of internal tank inspections.
    Date: Commence by 01 April 2025
13. Assess the suitability of the Company’s current tank contingency plans, with a view to determine any improvements required. This assessment must include a review of emergency plans, where a tank cannot readily be removed from supply.
    Date: 31 December 2023
14. Complete any improvements identified as required under the suitability assessment completed under measure (b)13.
    Date: 31 June 2024
15. Develop and implement a risk-based program of inspections for all treated water tank associated overflows, washouts, air valves and flap valves.
    Date: 31 March 2023
16. Review all tank schematics and ensure drawings are up to date and include locations of regulatory sample taps, any online water quality monitors, tapping points, the outflow discharge points and all relevant valves (including air valves).
    Date: 31 March 2025
17. Upon the discovery of active ingress into any of the company’s tanks;
    • Implement immediate short term mitigation measures to ensure human health is protected;
    • Design and implement a solution to stop the ingress; and
    • Complete a solution to stop the ingress.
      Date: Ongoing for the duration of the Notice

(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: Complete
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 the Company’s tanks, 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 the programme of work for the tanks listed in Annex 1 as required under measure (b)1 and confirm commencement of the inspection programme (measure (b)4).
   Date: Complete (30 June 2022)
3. Submit a list of any newly identified tanks under measure (b)2.
   Date: annually by 30 June
4. Submit any updated programme of works for any tanks identified under measure (b)2 (as required under measure (b)3) and any updates following a review under measure (b)5.
   Date: biannually by 31 August and 28 February
5. On a quarterly basis, for all tanks in the programme of works (including any updates of the programme of works), report the dates of any completed tank:
   • Inspections;
   • Remedial work;
   • Clean; or
   • Return to supply following the above.
     Date: Quarterly on 31 January, 30 April, 31 July and 30 October

6. Following three months of the return to supply of any tank, submit a report summarising the inspection findings and works completed (including return to supply sampling date and water quality sign off).
   Date: Following three months of a tanks return to supply to coincide with a biannual submission date of 31 January or 31 July
7. Submit the enabling and testing programme of works (measure (b)6) and confirm commencement of the enabling and testing programme (measure (b)7).
   Date: 30 September 2023
8. Outline the findings of the review completed under measure (b)8.
   Date: Complete
9. Outline the findings of the critical review and any resulting required actions (measure (b)9).
   Date: 30 September 2023
10. Confirm completion of measure (b)10.
    Date: 29 February 2024
11. Outline the risk-based approach developed under measure (b)11.
    Date: 30 July 2024
12. Outline the findings of the assessment completed under measure (b)13 and confirm any identified required improvements.
    Date: 31 January 2024
13. Confirm completion of measure (b)14.
    Date: 31 July 2024
14. Provide the program for inspections for all treated water tank associated overflows, washouts, air valves and flap valves and confirm commencement (measure (b)15).
    Date: 30 April 2023
15. Where ingress has been found and the company are unable to take the tank out of supply immediately or keep the tank out of supply until the ingress has been stopped, this must be notified as an event to the Inspectorate under paragraph 9(1) of the Water Industry (Suppliers’ Information) Direction 2023. The company’s written notification under paragraph 9(2)(b) of the Direction must outline:
    • the immediate mitigation measure implemented to protect human health; and
    • the Company’s action plan to mitigate the risks associated with ingress in the medium to long term.
      Date: in line with the requirements of the Water Industry (Suppliers’ Information) Direction 2023 (and any subsequent amendments thereof)

16. Submit the audit strategy for auditing the effectiveness of the measures, as specified in measure (c)1.
    Date: Complete
17. Submit any revisions of the audit strategy produced under measure (c)2.
    Date: Within 1 month of a revision
18. 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
19. Submit a satisfactory completion report accompanied by a revised regulation 28(1) report with Board level Director sign-off. The completion report must evidence the following:
    • Commencement of the risk-based approach to cleaning and physical internal inspections of all tanks within the Company’s supply area (measure (b)12);
    • Findings from the review of tank schematics completed under measure (b)16 and confirmation that all tank schematics are up to date;
    • Completion of the programme of works (developed under measure (b)1 and as updated under (b)3 and (b)5); and
    • Completion of the enabling and testing programme of works (developed under measure (b)6).
      Date: 30 June 2025

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
04 July 2023
Reference: SEW-2021-00007 v3

Annex 1

Tank reference	Tank Name
T201	BALANCING TANK (MALDERS); BEENHAMS HEATH
R057	BAYLEYS HILL RESERVOIR
R532T01	BEDGEBURY RESERVOIR
R068	BLACKSTONE RESERVOIR RESERVOIR NO.1
R065	BLATCHINGTON RESERVOIR NO. 1 –
R506T01	Blean Reservoir No.1
R067	BLOODSHOTS NO. 1 RESERVOIR
R067	BLOODSHOTS NO. 2 RESERVOIR
R590T01	BOXLEY RESERVOIR
R215	CARGATE NO.4 RESERVOIR
R217	CATHEDRAL PINES NO.1 RESERVOIR
R280	CELL NO.2 (NORTHERN) CLAYPITS RESERVOIR
R514T01	CHARING HILL RESERVOIR
R280	CLAYPITS RESERVOIR CELL 1
T004	COW WISH CONTACT TANK
R277	CRANE DOWN RESERVOIR
R058	CROWBOROUGH RESERVOIR NO.2
R525T02	DETLING NO.2 RESERVOIR
R233	FRITH HILL RESERVOIR CELL 2
T321T02	FORSTAL TREATEMENT WORKS CONTACT TANK NO.2
R231	FROXFIELD WATER TOWER
R536T01	GODMERSHAM RESERVOIR 1
R237	HALE NO.2 RESERVOIR
R539T01	HALLING UPPER RESERVOIR
R541T01	HERMITAGE LANE RESERVOIR
R543T01	HOLLINGBOURNE RESERVOIR NO.1 (SOUTHERN)
R548T01	KINGSNORTH RESERVOIR
R029	LANGTON WATER TOWER OUTLET
R249	MALDERS LANE RESERVOIR 2
R247	MALDERS LANE RESERVOIR NO.1 CELL 1 (SOUTH)
R032	MILL GAP RESERVOIR NO. 1
T341T01	NEWNHAM CONTACT TANK
R250	NORTHGATE RESERVOIR 3A (NORTHERN CELL)
R250	NORTHGATE RESERVOIR 3B (SOUTHERN CELL)
R561T01	POTTERS CORNER RESERVOIR NO. 1 CELL 1
R561T01	POTTERS CORNER RESERVOIR NO.2
R561T03	POTTERS CORNER RESERVOIR NO.3
R210	SECTION NO.1 (WEST); BOYNESWOOD WATER TOWER
R043	STANDARD HILL RESERVOIR CELL 2
R569T01	STANSTED RESERVOIR
R045	STAPLECROSS RESERVOIR
R046	STAPLECROSS WATER TOWER
R576T01	WARREN STREET RESERVOIR
R578T03	WELLWOOD NO.2 RESERVOIR
R263	WINDMILL HILL RESERVOIR NO.1 CELL
R264	WINDMILL HILL RESERVOIR NO.2 CELL
R581T03	WRAIK HILL RESERVOIR CELL 3

Table 1: A list of chlorine contact tanks, service reservoirs, and treated water storage tanks (collectively referred to as ‘tanks’) that have not been physically inspected within the last 10 years or more or are scheduled to exceed this, and tanks that need enabling works so as to not exceed the maximum 10 year inspection frequency.