Southern Water Services Limited – Worthing Catchment

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

Reference: SRN-2018-00009

Version Number: 2

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:

• CS014 Madehurst Catchment
• CS017 Waringcamp Catchment
• CS048 Burpham Catchment
• CS020 Patching Catchment
• CS021 Findon Catchment
• CS026 Sompting Catchment
• Y009 Sussex West
• Y008 Sussex North
• Y007 Sussex East

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 Worthing Catchment (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: 44679

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. Carry out enhanced raw water Nitrate concentration monitoring, to include the monitoring of all high-risk raw water sources and associated final waters (where treatment or blending are in place) to supplement the current regulatory treated water monitoring.
   Date: Ongoing for the duration of this Notice
2. Nitrate exceedance prediction models will be regularly updated, and nitrate will be assessed as a hazard as part of the Regulation 27 risk assessment for the supply system, according to a Drinking Water Safety Planning approach.
   Date: Ongoing for the duration of this Notice
3. Keep under review the enhanced monitoring strategy for nitrate.
   Date: Ongoing for the duration of this Notice
4. Report all exceedances of the nitrate parameter at the customer tap 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
5. Report all regulatory exceedances of the standards for the nitrate parameter at the customer tap to DWI as part of current monthly exception reporting process.
   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. Catchment walkovers and investigations into potential sources of nitrate (urban and rural).
   Date: Complete
2. Catchment management opportunity mapping – to identify potential useful measures, given the issues identified in the investigations.
   Date: Complete
3. Farmer / landowner / stakeholder identification, liaison and initial engagement – plan for shared activities to be devised.
   Date: 31 March 2023
4. Baseline soils nitrate monitoring and data gathering on historic crops and fertiliser applications – where appropriate and possible (landowner/farmer dependent).
   Date: 31 March 2023
5. Targeted water company funded trial(s) to reduce nitrate – if appropriate and where possible (landowner / farmer dependent).
   Date: 31 March 2025
6. Farmer engagement for longer term nitrate measures roll out in AMP8.
   Date: 31 March 2025

(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: 30 September 2022
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 Brighton Catchment, 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 detailing the programme including confirmation of delivery timescale, completion dates, and all interim steps.
   Date: Complete
3. Submit reports detailing characterisation for each source.
   Date: Complete
4. Submit reports detailing action plan for potential rural trials and measures for AMP7, potential effectiveness estimations under different uptake scenarios in AMP8.
   Date: Complete
5. Submit report detailing Farmer/landowner/ stakeholder identification and Baseline soils nitrate monitoring and data gathering.
   Date: 30 April 2023
6. Submit report detailing AMP8 Action Plan including longer term rural and urban (where appropriate) measures and update effectiveness projections. Provide report on funded trials and farmer engagement.
   Date: 30 April 2025
7. Submit the audit strategy for auditing the effectiveness of the measures, as specified in measure (c)1.
   Date: 31 October 2022
8. Submit any revisions of the audit strategy produced under measure (c)2.
   Date: Within 1 month of a revision
9. 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
10. Submit a satisfactory completion report accompanied by a revised regulation 28(1) report with Board level Director sign-off.
    Date: 30 April 2026

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
26 August 2022
Reference: SRN-2018-00009 V2