Southern Water Services Limited – Brighton Nitrate

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

Reference: SRN-2018-00033

Version Number: 4

Water undertaker as appointed under section 6 of the Water Industry Act 1991 (as amended): Southern Water Services Limited, with registered number 02366670 (hereinafter called ‘the Company’).

Assets Affected:

  • TS038 Housedean Water Supply Works
  • TS039 Newmarket Lewes C Water Supply Works
  • TS044 Newmarket Lewes B Water Supply Works
  • Y007 Sussex East Supply System

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 28 December 2017, which states that there is or has been a significant risk of supplying water from Housedean Water Supply Works, Newmarket B Water Supply Works, Newmarket C Water Supply 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

Increasing nitrate in source waters

Nitrate

For example: 43997

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.
  1. 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. Enhanced sampling and monitoring for nitrate (once available) of all high-risk raw water sources and associated final waters on a weekly basis to supplement the current regulatory treated water monitoring.
    Date: Ongoing for the duration of this Notice
  2. Report all exceedances of the nitrate parameter to the Local Authority and Health Protection team and agree further additional steps to protect public health as appropriate.
    Date: Ongoing for the duration of this Notice
  3. Report all regulatory exceedances of the standards for the nitrate parameter to DWI as part of current monthly exception reporting process.
    Date: Ongoing for the duration of this Notice
  4. Continue to follow the nitrate operating plan for Housedean WSW.
    Date: Ongoing for the duration of this Notice
  5. Produce weekly monitoring team nitrate report and respond accordingly to trend or spot changes.
    Date: Ongoing for the duration of this Notice
  6. Carry out maintenance, validation and calibration of all online nitrate monitors installed, at sites covered by this notice, at the frequency outlined within company procedures.
    Date: Ongoing for the duration of this Notice
  7. Carry out 4 nitrate samples per week at outlets of Swan WSR.
    Date: Until milestones b3 and b4 have been met

(b) To review, revise or make operational the following measures, by the dates specified in each case:

  1. Install and commission online monitoring for nitrate at Housedean Water Supply Works, Newmarket B Water Supply Works, and Newmarket C Water Supply Works.
    Date: Complete
  2. Confirm locations and scope of additional treatment to meet the outcome required.
    Date: Complete
  3. Install online nitrate monitor at outlet of Swan WSR.
    Date: 30 June 2024
  4. Commission online nitrate monitor at outlet of Swan WSR.
    Date: 31 December 2024
  5. Install raw and treated water transfers for blending and treatment purposes to achieve the outcome required.
    Date: 31 December 2027
  6. Install new nitrate treatment facilities to meet the outcome required.
    Date: 31 December 2027
  7. Commission and optimise raw and treated water transfers for blending and treatment purposes to achieve the outcome required.
    Date: 30 June 2028
  8. Commission new nitrate treatment facilities to meet the outcome required.
    Date: 30 June 2028

(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 Housedean Water Supply Works, Newmarket B Water Supply Works, Newmarket C Water Supply Work, 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 confirm installation and commissioning of online monitoring for Nitrate at Housedean Water Supply Works, Newmarket B Water Supply Works and Newmarket C Water Supply Works.
    Date: Complete
  3. Submit a report to confirm locations and scope of improvement works including additional treatment and transfers.
    Date: Complete
  4. The company shall provide an overview of its operational strategy for maintaining nitrate below the standard prescribed by the Water Supply (Water Quality) Regulations 2016 (as amended).
    Date: Complete
  5. Submit a report to confirm installation of online monitoring for Nitrate at outlet of Swan WSR.
    Date 31 July 2024
  6. Submit a report to confirm commissioning of online monitoring for Nitrate at outlet of Swan WSR.
    Date: 31 January 2025
  7. Submit a report to confirm installation of raw water transfers to additional treatment site.
    Date: 31 January 2028
  8. Submit a report to confirm installation of nitrate treatment plant.
    Date: 31 January 2028
  9. Submit a report to confirm commissioning of raw water transfers to additional treatment site.
    Date: 31 July 2028
  10. Submit a report to confirm installation and commissioning of nitrate treatment plant.
    Date: 31 July 2028
  11. Submit the audit strategy for auditing the effectiveness of the measures, as specified in measure (c)1.
    Date: Complete
  12. Submit any revisions of the audit strategy produced under measure (c)2.
    Date: Within 1 month of a revision
  13. 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
  14. Submit a satisfactory completion report accompanied by a revised regulation 28(1) report with Board level Director sign-off.
    Date: 31 July 2029

Further Details of this Notice:

  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

Nicholas Adjei
Deputy Chief Inspector, on behalf of the Secretary of State for Environment, Food and Rural Affairs
18 April 2024
Reference: SRN-2018-00033v4

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