United Utilities Water Limited: Consumer Acceptability – Discolouration

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

Reference: UUT-2020-00005

Version Number: 3

Water undertaker as appointed under section 6 of the Water Industry Act 1991 (as amended): United Utilities Water Limited, with registered number 02366678 (hereinafter called ‘the Company’).

Assets Affected:

• Water quality zones listed in Annex A

Details of this Notice:

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 dated 21 October 2020, which state that there is or has been a significant risk of supplying water from zones listed in annex A (and associated assets as applicable) that 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 ID
Consumer acceptability (discolouration)	Iron (Total)	Multiple risk assessment reports (Annex 1). For example: Z004 – Quarry Hill: Z004 A022314437
Consumer acceptability (discolouration)	Manganese (Total)	Z004 A023314437
Consumer acceptability (discolouration)	Aluminium (Total)	Z004 A021314437
Consumer acceptability (discolouration)	Turbidity	Z004 A002314437

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. Undertake regulatory and enhanced monitoring as defined within (c)1 from treatment works, reservoirs and the water supply zones identified within Annex A as being at risk of discolouration.
   Date: Ongoing for the duration of this Notice.
2. Investigate any failure of the parameters listed in Section 2.
   Date: Ongoing for the duration of this Notice.
3. Record and monitor customer contacts in appropriate detail and trend data to inform the forward programme of work.
   Date: Ongoing for the duration of this Notice.
4. Deliver a programme of proactive and reactive flushing work on the distribution network, based on consumer contacts, to manage discolouration risks whilst the programme of work in (b) is being delivered.
   Date: Ongoing for the duration of this Notice.
5. Optimisation of existing treatment processes with particular regard to the removal of Aluminium, Manganese, Iron, turbidity and other parameters relevant to discolouration.
   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 discolouration root cause analysis methodology to understand the reasons for discolouration utilising all sources of data, with input from relevant stakeholders.
   Date: Complete.
2. Review discolouration data from all sources and prioritise zones for root cause analysis
   Date: Annually for the duration of the notice.
3. Undertake a root cause analysis to understand discolouration within the Company’s zones using all available sources of data.
   Date: Annually for the duration of the notice.
4. Complete an independent verification of root cause analysis methodology and outputs.
   Date: Complete.
5. Benchmark the Company’s discolouration strategy against other water companies and current industry good practice.
   Date: Complete.
6. Using the outputs from the root cause analysis, develop bespoke solutions specific for each zone, to reduce the risks of discolouration to consumers. Date: Annually for the duration of the notice.
7. Implement bespoke solutions as identified in (b)6, prioritising zones to an agreed programme with highest risks for discolouration, consumer contacts and consumer acceptability to achieve the following:
   Date: Ongoing for the duration of the notice.
   • Phase 1 – By 2025 a reduction in consumer contacts for discolouration to below the target of 1.15 per 1000 population per zone and to reach an overall company contact rate of 66% of the defined company Outcome Delivery Incentives (ODI) for Taste, Smell and Appearance (0.81 contacts for BBO per 1000 population)
     Date: 31 March 2025.
   • Phase 2 – Agree with the Inspectorate a percentage target for year on year reductions in the BBO contact rate per 1000 population for the AMP8 period (2025-2029). This target to be defined using consumer contact data from all companies to establish a current industry average. The target is to be set to bring the company into line with the rest of the drinking water industry by the end of AMP8 and based on current industry performance is most likely to require a 10% year on year reduction in BBO contacts for each year of AMP 8.
     Date: 31 December 2023.

(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) to include:
   • Enhanced sampling programme for iron and manganese, aluminium, turbidity within the supply network.
   • In-depth review of all consumer contacts related to water quality and discolouration.
   • Annual review of performance against the Black/Brown/Orange (BBO) component of the OFWAT ODI for Taste, Smell and Appearance
     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 zones listed in Annex A, 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 and against the following milestones:
   Date: by 31 January each year.
2. Provide the audit strategy as defined in measure (c)1.
   Date: Complete.
3. Provide a report detailing the root cause methodology as developed in measure (b)1.
   Date: Complete.
4. Provide a report detailing the outcome of the benchmarking of the Company’s discolouration strategy, as completed in measure (b)5 and the independent verification of the root cause analysis as completed in measure (b)4.
   Date: Complete.
5. Submit an annual report covering:
   • Review of root cause analysis for priority zones with independent verification on both analysis undertaken, and actions proposed as detailed (b)3.
   • Update on the prioritised programme of WSZs.
   • Which zones will be added to this legal instrument, based upon consumer contact rates for discolouration being >1.15 per 1000 population for phase 1 and the target for phase 2 and submit an updated Annex A with associated evidence to the Inspectorate for approval.
     Date: Annually by 30 April.
6. Provide a report with evidence to confirm the company has met the phase 1 target as defined within (b)7.
   Date: 30 April 2025.
7. Provide a report with evidence to confirm the company has met the phase 2 target as defined within (b)7.
   Date: 30 April 2030.
8. Provide a report with evidence detailing which zones have had successful work undertaken to meet the phase 1 and phase 2 targets.  Any zones which have met this requirement and have had an updated Regulation 28(1) risk assessment may be removed from Annex A. This report should include information on the measures undertaken to manage and reduce the risks of discolouration along with an independent assessment of actions and results.
   Date: From time to time and as required incorporating 12 months’ data following completion of remedial work.
9. Submit a report with evidence in the event that any completed measure of this Notice needs to be altered in any way, for any reason.
   Date: As required for the duration of the notice.
10. Review the risk assessments for the zones listed within Annex A as required by Regulation 27(4) and subsequently submit a revised regulation 28 report accompanied by a signed board level declaration.
    Date: From time to time, as required, by 21 April 2025 and by 21 April 2030.
11. Submit an interim completion report with evidence detailing the consumer contact rates and the bespoke improvement works undertaken in each zone and demonstrating achievement of the phase 1 target.
    Date: 30 April 2026.
12. Submit a final completion report with evidence detailing the consumer contact rates and the bespoke improvement works undertaken in each zone and demonstrating achievement of the phase 2 target.
    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

22 September 2023
Reference: UUT-2020-00005 V3

ANNEX A

Zone reference	Zone Name
Z004	Quarry Hill
Z008	Tarnwood
Z017	Bowscar
Z019	Edenhall
Z084	Dunsop
Z087	Sunnyhurst/Hoddlesden
Z094	Blackburn West
Z095	Blackburn North
Z100	Gt Harwood/Rishton
Z102	Mitchells
Z103	Burnley Road
Z108	Burnley South West
Z109	Burnley Mixed
Z110	Martholme Gravity
Z114	Wigan North East
Z117	Hindley
Z120	Lightshaw
Z121	Ashton
Z125	Haydock
Z132	Warrington South
Z133	Appleton
Z141	Heswall
Z157	Northwich West
Z161	Winsford
Z163	Congleton Mow Cop
Z164	Kelsall
Z166	Audlem
Z179	Aubrey
Z184	Toxteth
Z185	Mossley
Z186	Wavertree
Z188	Huyton East
Z189	Liverpool Ctm 40 Inch
Z190	Liverpool Ctm 44 Inch
Z211	Top O’Th’Cow
Z212	Westhoughton
Z214	Halliwells
Z215	Turton
Z216	Little Lever
Z220	Nangreaves
Z222	Clough Bottom
Z228	Bury Town Centre
Z229	Clarkes Hill
Z233	Bamford East
Z235	Rochdale
Z238	Haweswater Hatters
Z239	Chadderton
Z240	Royton
Z260	Whaley Bridge
Z263	Errwood Road
Z264	Greavefold
Z265	Longford Road
Z267	Cheadle Hulme
Z281	Moston
Z283	Prestwich
Z318	Parbold

Table 2: Water quality zones