Water Services National Training Group

12th Annual Conference 11

th

September, 2008

Water Services National Training Group

Drinking Water Safety & Licensing

Rural Water Licensing Guidance and Training Jerry Cronin and Richard Church Nicholas O’Dwyer / Entec

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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.

a) Exempted Supplies: a supply which – (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

140 120 100 80 60 40 20 0 320 300 280 260 240 220 200 180 160

Numbers of Schemes to be Licensed by County County

Breakdown of Licensable GWS

Nationwide Breakdown of GWS by Number of Residences

600 500 400 300 200 100 50% 22% 18% 0 >250 100-250

No. of Residences

40-99 percentages indicate population served 10% 15-39

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: Determination by WSA of an activity to be a licensable Section 81: WSA may grant/refuse a licence following consideration of a range of matters Section 82: WSA to be the licensing authority Section 83: Conditions attached to a licence Section 84: Licence review Section 85: Licence revocation Section 86: Consider all submissions and notify all regarding decision Section 87: Appeals process (district court) Section 88: New Regulations Section 89: Contravention of a condition Section 90: Related licences (e.g. discharge licences) Section 91: 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 3 rd parties.

WSA also to have regard to (Sub-Section 81(2)):

       Relevant Strategic Water Plans GWS resources (Financial, Operational, Management) Other WSAs for any cross boundary schemes 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 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 by products

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

12th Annual Conference 11

th

September, 2008