Transcript Document
Water Services National Training Group and National Federation of Group Water Schemes 7th Annual Rural Water Services Conference 18th September 2008 Rural Water Licensing Guidance and Training Jerry Cronin and Richard Church Nicholas O’Dwyer / Entec Presentation Contents 1. 2. 3. 4. 5. 6. 7. Project Objective Background/ Legislation Application Process Application Form / Assessment Overall Assessment Conditions Project Deliverables Over Riding Purpose of Rural Water Licensing Key driver: States response to ECJ Drinking Water Judgement To ensure that the required water quality standards are achieved To effect a planned, systematic and sustained improvement to infrastructure capacity along with management and operational standards Project Objective To develop guidance and training for the new Rural Water Services Licensing System introduced under the Water Services Act 2007. Project Team Procured by: WSNTG Consultants: Nicholas O'Dwyer and Entec Steering Group: WSNTG DEHLG NFGWS CCMA Other Consultees EPA Operators of five representative GWSs (site visits) Rural Water Liaison Officers from the five WSAs Background/ Legislation Water Services Act 2007 The Act provides for the introduction of a licensing system governing the operations of water services providers other than Water Services Authorities or their agents. Water Services Authority (WSA) is responsible for the overall management and supervision of water services provision by authorised water services providers in its functional area. Licensing Regulations currently being drafted and being informed by the consultation process associated with this project and in the development of the Guidance Document. Key Focus Area: Group Water Scheme Sector Background/ Legislation European Communities (Drinking Water) Regulations (2007) – S.I. 278 of 2007 EPA have powers to direct a WSA to improve the management or quality of a public water supply. WSA’s have a similar supervisory role in relation to group water schemes or private supplies. Exempted Supplies: a supply which – a) (i) constitutes an individual supply of less than 10 m3/day on average or serves fewer than 50 persons, and (ii) is not supplied as part of a commercial or public activity (e.g. GAA club, Nursing Home), or b) Is used exclusively for purposes … that the quality of the water has no interference, either directly or indirectly, on the health of the consumers concerned (e.g. car wash system). Threshold for Licensing Following the exemption principle applied in S.I. 278 it was decided to employ a similar threshold level for Group Water Schemes (i.e. schemes serving less than 15 residences would be exempt) Approximately 1,400 Group Schemes will be included in the Licensing System (approx. 400,000 persons), split approx. equally by public and privately sourced schemes County Wicklow Wexford Westmeath Waterford South Sligo Roscommon Offaly North Monaghan Meath Mayo Louth Longford Limerick Leitrim Laois Kilkenny Kildare Kerry Galway Donegal Cork West Cork South Cork North Cork City Clare Cavan Carlow No. of Schemes Subject to Licensing Numbers of Schemes to be Licensed by County 320 300 280 260 240 220 200 180 160 140 120 100 80 60 40 20 0 Breakdown of Licensable GWS Nationwide Breakdown of GWS by Number of Residences 600 No. of Schemes 500 400 300 200 100 50% 22% 18% 10% >250 100-250 40-99 15-39 0 No. of Residences percentages indicate population served Phasing of Licensing It is proposed that a risk based approach will be used for the phasing in of the licensing system; and that the EPA Remedial Action List approach is adopted by the WSAs to identify the priority schemes for licensing (EPA Guidance Doc Booklet No. 3, February 2008) Priority Remedial Action List Parameters Table A: Microbiological (E. Coli) Table B: Chemical: Bromate, Trihalomethane, Nitrate Table C: Indicator: Aluminium, Turbidity Cryptosporidium – where available Other relevant parameters: e.g. Arsenic Phasing of Licensing System Phasing details are to be set out in Regulations Further phasing would be based on scheme size with priority given to the larger schemes Group Scheme Registration System GWS serving less than 15 residences would be registered Separate monitoring and inspection procedures. 2007 Act Licensing covered under Part 6, Chapter 2, Sections 78 to 91 Sub-section 78 (2): “Each WSA, for the purpose of the protection of human health and the environment, is responsible for the supervision, in its functional area, of water services provided by a person other than a WSA”. Sub-section 79 (1)(a): “On or after such date or dates as may be prescribed, a person shall not – i. Provide water for human consumption from a tanker, or ii. Otherwise provide water services except under and in accordance with a water services licence issued under this chapter”. 2007 Act Sub-section 79 (3): provides for the setting of a threshold below which a licence will not be required Sub-section 79 (4): “The provision of water services shall, in the period before a licence………is granted or refused, be deemed not to have contravened subsection (1), if – before the date……...an application has been made………” Sub-section 79 (5): “A person who contravenes subsection (1) or a regulation made………commits an offence”. 2007 Act Section 80: Section 81: Section Section Section Section Section 82: 83: 84: 85: 86: Section Section Section Section Section 87: 88: 89: 90: 91: Determination by WSA of an activity to be a licensable WSA may grant/refuse a licence following consideration of a range of matters WSA to be the licensing authority Conditions attached to a licence Licence review Licence revocation Consider all submissions and notify all regarding decision Appeals process (district court) New Regulations Contravention of a condition Related licences (e.g. discharge licences) Powers to take over O & M on a temporary basis Application Process Pre-Application WSA to establish RAL for all GWSs within its functional area in accordance with the Licensing Regulations. Application Process Stage 1 Stage 2 Stage 3 Stage 1 - Application Submission Stage 2 – Preliminary Technical Assessment Stage 3 – Final Assessment Licence is Issued Application Form / Assessment Section 1, 2 and 3 – General Information Section 1 – About the Applicant Name of GWS Status of the GWS (Co-op, company etc.) Register No. Section 2 – Nominated Contact Details GWS contact person's name, address and other contact details. Section 3 – Insurance Details Public Liability, Employer’s Liability and Asset Insurance. Section 4 – Operational Contracts/ Maintenance and Service Contracts Details of Contract Contractor Details Date of Commencement Period of Contract Section 5 – Scheme Source Details Exempts schemes served from public mains Number of Sources – details to be provided for each Name and location Type Abstraction Details Source Capacity Current abstraction details Source protection Details of treatment process Section 6 – Treatment Plants Number of treatment plants – details to be provided for each Name and location Description of the treatment process Build date Design Capacity Daily throughput Discharge/ Sludge Disposal Bypassing facility Water Quality Control/ Alarms Metering Section 7 – Distribution System Details of Distribution Mains (diameter, length, type, age etc.) Booster/ Pumping stations in network Details of Network Upgrading/ Renewals Service Reservoirs Secondary Disinfection Points Details of Domestic/ Non Domestic Connection Average Day Distribution Input (ADD) Average Day Peak Week (ADPW) Unaccounted for Water (UFW) WSNTG/NFGWS training course Burst Details/ Problem Areas Section 8 – Network Water Quality Details of supply restrictions e.g. Boil Notices, “Do Not Use” notices etc. Cryptosporidium Risk Assessment Section 9 and 10 – Scheme Management/ Training Section 9 – Scheme Governance Details of Scheme Governing Body/ Committee How appointments are made Annual General Meetings Notification of members/ shareholders Section 10 – Training Typical details of training undertaken by management and operational staff courses available from WSNTG regional training centres Section 11 and 12 - Financial Section 11 – Financial Management Details of Financial Accounts Audited/ Certified Accounts Section 12 – Capital Investment Programme Details of Capital Investment Programme Asset Management Plan Section 13 – Quality Assurance QA system National Rural Water Monitoring Committee System Water Safety Plan O & M plan Drinking Water Incident Response Plan/ Emergency Plan Water Conservation Plan/ UFW Reduction Charter of Rights/ Complaints Procedure and Feedback. Section 14 – Maps and Plans Overview Map (1:10,000 or 1:5,000) Sources Treatment Plants Distribution Network Reservoirs Boosters Secondary Disinfection Points Treatment Plant – Layout Details Source Protection Maps Section 15 – Declaration Certify that information is true Consent to make application available for inspection Certify that signee is duly authorised by GWS to sign on its behalf Overall Assessment Assessment Process WSA to consider: Information contained in the Application Form and Additional Information requested and Submissions received from 3rd parties. WSA also to have regard to (Sub-Section 81(2)): Relevant Strategic Water Plans GWS resources (Financial, Operational, Management) Other WSAs for cross boundary scheme Alternative supplies Any requests to have GWS taken in charge Water Supply Standards Drinking Water Quality Levels of Service Other Matters Assessment Process Vast majority of the 1,400 GWS will receive licences. Where deficiencies are noted – appropriate conditions should be attached Sub-Section 79 (4) provides for GWS to continue in operation after the new system comes into force, provided an application has been made before the commencement date. Condition Setting e.g. Improvements to source protection e.g. Improvement to treatment e.g. Improvements to Storage, Distribution and Network Infrastructure Licence Conditions Sub-Section 83(2) requires that conditions relating to water services licensing 'shall' be included in respect of certain categories Sub-Section 83(3) lists further categories from which conditions 'may' be included for consideration Standard Conditions Section 83(2) (a) Measures to ensure against risk to human health and the environment Example conditions for a licence: comply with drinking water quality standards provide adequate supply, treatment and distribution capacity to meet forecasts adequate arrangements to ensure essential and adequate supply at all times have all discharges authorised and regulated for disposal by appropriate authority ensure adequate measures to prevent contamination of local environment Standard Conditions Section 83(2) (b) Water Supply Standards Drinking water quality standards European Communities (Drinking Water) [No. 2] Regulations 2007 (S.I. No. 278 of 2007) European Communities (Quality of Surface Water Intended for the abstraction of Drinking Water) Regulations 1989. (S.I. No. 294 of 1989) Standard Conditions Section 83(2) (c) Standards of Service Performance standards Defined in strategic resource plans e.g. 15m of head at stop-cock Customer service Reporting Complaints procedure Annual General Meeting Standard Conditions Section 83(2) (d) Monitoring and Supervision Frequency to meet the Drinking Water Regulations Appropriate reporting schedule to WSA (e) Sampling and Analysis Section Responsibility of GWS but undertaken by WSA/HSE (f) Other such matters as may be prescribed Additional Conditions – Section 83(3) (a) Scale of Activity (b) Specification of Households, Areas or Activities (c) Operational and Management Procedures (d) Procurement Procedures Additional Conditions – Section 83(3) (e) Measures to ensure public safety Additional Measures - Section 83(3) (f) Emergency plans (g) Employers and Public Liability Insurance (h) Conservation Measures Additional Measures - Section 83(3) (i) Measures to prevent source contamination (In the immediate vicinity of source) Additional Measures - Section 83(3) (j) Metering Additional Measures - Section 83(3) (k) Proper treatment, reuse or disposal of byproducts Additional Measures Section 83(3) (l) time limits (m) provisions to facilitate the application of obligations (n) accounts and annual reports (o) any other matters as may be prescribed Project Deliverables Background Scoping Document Application Forms Guidance Document Courseware Delivery of Training Courses Water Services National Training Group and National Federation of Group Water Schemes 7th Annual Rural Water Services Conference 18th September 2008