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S.I. No. 99/2023 - European Union (Drinking Water) Regulations 2023

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the making

this Statutory Instrument was published in “Iris Oifigiúil”

10th March,

  1. CONTENTS Regulation PART 1 PRELIMINARY AND GENERAL
  2. Citation
  3. Interpretation
  4. Exemptions PART 2 OBLIGATIONS IN RELATION TO WATER
  5. General obligations
  6. Assessment

water leakage

  1. Quality standards
  2. Point

compliance

  1. Duties in relation to water on premises PART 3 RISK
  2. Risk-based approach to water safety
  3. Risk assessment and risk management

catchment areas for abstraction points

water intended for human consumption 11. Risk assessment and risk management

supply system 12. Risk assessment

domestic distribution systems PART 4 MONITORING AND INFORMATION 13. Monitoring 14. Information to members

the public 15. Protection

human health 16. Information on monitoring

implementation 17. Remedial action and restrictions

use

  1. Derogations PART 5 MINIMUM REQUIREMENTS
  2. Minimum hygiene requirements for materials that come into contact with water intended for human consumption
  3. Minimum requirement for treatment chemicals and filter media that come into contact with water intended for human consumption
  4. Access to water intended for human consumption PART 6 AUTHORISED

FICERS 22. Authorised

ficers 23. Powers

authorised

ficers PART 7 PENALTIES AND PROSECUTIONS 24. Penalties and prosecutions 25.

fences in relation to water 26.

fences by bodies corporate PART 8 SUPERVISORY AUTHORITIES 27. Directions

supervisory authorities

  1. Guidelines: practical guidance for water suppliers and supervisory authorities
  2. Charges by supervisory authorities
  3. Intervention, and performance verification, by supervisory authority
  4. Injunctive relief PART 9 FINAL PROVISIONS
  5. Service

directions

  1. Information sharing
  2. Transitional provisions
  3. Revocations SCHEDULE 1 MINIMUM REQUIREMENTS FOR PARAMETRIC VALUES USED TO ASSESS THE QUALITY

WATER INTENDED FOR HUMAN CONSUMPTION Table A Microbioloical paramaters Table B Chemical Parameters Table C Indicator parameters Table D Parameters relevant for the risk assessment

domestic distribution systems SCHEDULE 2 MONITORING Part 1 General objectives and monitoring programmes for water intended for human consumption Part 2 Parameters and sampling frequencies Part 3 Risk assessment and risk management

the supply system Part 4 Sampling methods and sampling points SCHEDULE 3 SPECIFICATIONS FOR THE ANALYSIS

PARAMETERS Part 1 Microbiological parameters for which methods

analysis are specified Part 2 Chemical and indicator parameters for which performance characteristics are specified SCHEDULE 4 INFORMATION TO THE PUBLIC SCHEDULE 5 PRINCIPLES FOR SETTING METHODOLOGY REFERRED TO IN REGULATION 19 SCHEDULE 6 SOURCE PROTECTION I, DARRAGH O’ BRIEN, Minister for Housing, Local Government and Heritage, in exercise

the powers conferred on me by section 3

the European Communities Act 1972 (No. 27

1972) and for the purpose

giving effect to Directive 2000/60/EC

the European Parliament and

the Council

23 October 20001 and Directive (EU) 2020/2184

the European Parliament and

the Council

16 December 20202 , hereby make the following regulations: PART 1 PRELIMINARY AND GENERAL Citation 1.

(1)These Regulations may be cited as the European Union (Drinking Water) Regulations 2023. Interpretation 2.
(1)In these Regulations— “authorised

ficer” means a person appointed under Regulation 22 for the purposes

these Regulations; “composition” means the chemical composition

a metal, enamel, ceramic or other inorganic material; “CRU” means the Commission for Regulation

Utilities; “digital means” means an internet website (including part

such a website), social media or application— (a) to which access is readily available by members

the public, and (b) where anything published is readily available for inspection by members

the public; “Directive” means Directive (EU) 2020/2184

the European Parliament and

the Council

16 December 20202 on the quality

water intended for human consumption (recast); “distribution network” means that part

a supply system consisting

the system

pipes and tanks operated by a water supplier that store and convey drinking water from a water treatment works to a domestic distribution system; “domestic distribution system” means the pipework, fittings and appliances, within the curtilage

a premises, which are installed between the distribution network and the taps in the premises that are normally used for the provision

water for human consumption in both public and private premises and the distribution network, but only if they are not the responsibility

the water supplier; “EPA” means the Environmental Protection Agency; “food business” has the meaning given to it in point

(2)

Article 3

Regulation (EC) No 178/2002

the European Parliament and

the Council

28 January 20023 ; “food business operator” has the meaning given to it in Regulation 3

(6); “FSAI” means the Food Safety Authority

Ireland; “GSI” means the Geological Survey Ireland; “hazard” means a biological, chemical, physical or radiological agent in water, or another aspect

the condition

water, with the potential to cause harm to human health; “hazardous event” means an event that introduces hazards into, or fails to remove them from, the supply system

water intended for human consumption; “HSE” means the Health Service Executive; “ISO” means the International Organisation for Standardisation; “local authority” means a local authority within the meaning

section 2

the Local Government Act 2001 (No 37

2001); “Minister” means the Minister for Housing, Local Government and Heritage; “monitoring”, in respect

drinking water, includes its auditing, inspection, measurement, sampling or analysis, whether periodic or continuous during a period

time; “owner” means, in relation to a premises, a person, other than a mortgagee not in possession, who, whether in that person’s own right or as a trustee or agent for any other person, is entitled to receive the rent

the premises or, where the premises are not let at a rent, would be so entitled if they were so let; “point

compliance” shall be construed in accordance with Regulation 7; “point

supply” means the point, typically at the outer edge

the curtilage

a premises, where a water distribution network ends and a domestic distribution system begins; “premises” includes any building, structure or land (whether or not there are structures on the land), and any plant or related accessories on or under such land, or any hereditament

tenure, together with any outbuildings and curtilage; “priority premises” means a large non-household premises with many users potentially exposed to water-related risks and includes, in particular, a large premises for public use, as identified by the water suppliers, in consultation with a supervisory authority, from time to time; “private water supply” means a water supply, other than a public water supply; “public water supply” means a water supply which is in the charge or ownership

Uisce Éireann or any person acting jointly with it, or on its behalf, under a service level agreement or contract; “Regulations

2003” means the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722

2003 ); “risk point” means an outlet or tap fitting in a domestic distribution system where a sample

water may be taken by the property owner, or occupier, to test for— (a) proliferation

Legionella, and (b) the water’s suitability for human consumption and compliance with these Regulations; “source protection agencies” means those agencies or organisations that have been allocated a role in the risk assessment and risk management

the catchment areas for abstraction points

water intended for human consumption by these Regulations; “starting substance” means a substance that has been intentionally added in the production

organic materials or

admixtures for cementitious materials; “supervisory authority” means— (a) in the case

water intended for human consumption supplied by Uisce Éireann or any person acting jointly with it or on its behalf, the EPA, (b) in the case

water intended for human consumption supplied by any other person— (

  1. i)the local authority in whose functional area the water is supplied, or (
  2. ii)the local authority otherwise designated under Regulation 13

(4), and (c) in the case

maritime vessels, the EPA; “supply system” means the infrastructure required for the abstraction, treatment, storage, and distribution

water intended for human consumption to the point

supply as provided, and maintained, by the water supplier; “watch list” means the watch list as established, and updated, by the European Commission in accordance with Article 13

(8)

the Directive; “water intended for human consumption” means all water— (a) either in its original state or after treatment, intended for drinking, cooking, food preparation or other domestic-type purposes in both public and private premises, regardless

its origin and whether it is supplied from a distribution network, from a private source, supplied from a tanker or similar means, and (b) used in any food business for the manufacture, processing, preservation or marketing

products or substances intended for human consumption, other than— (i) natural mineral waters, within the meaning

the European Union (Natural Mineral Waters, Spring Waters and Other Waters in Bottles or Containers) Regulations 2016 ( S.I. No. 282

2016 ), (ii) waters which are medicinal products within the meaning

Directive 2001/83/EC

the European Parliament and

the Council

6 November 2001 4 , (iii) an exempted supply, or (

  1. iv)water supplied in bottles or containers; “water supplier”, as the context so requires, means any person supplying water intended for human consumption and includes the following: (
  2. a)Uisce Éireann; (
  3. b)a private water supplier; “Water Framework Directive” means Directive 2000/60/EC

the European Parliament and

the Council

23 October 20001 establishing a framework for Community action in the field

water policy.

(2)A word or expression that is used in these Regulations and that is also used in the Directive or the Water Framework Directive has, unless the contrary intention appears, the same meaning in these Regulations as in those Directives. Exemptions 3.
(1)Water suppliers supplying less than 10 cubic metres

water a day as an average or serving fewer than 50 persons as part

a commercial or public activity shall only be subject to— (

  1. a)this Regulation, (
  2. b)Regulations, 4, 5, 6, 7, 13, 17 and 18, and (
  3. c)the relevant Schedules.

(2)For the purpose

these Regulations, a supply

water shall be exempted where the supply— (

  1. a)(
  2. i)constitutes an individual supply

less than 10 cubic metres a day on average or serves fewer than 50 persons, and (ii) is not supplied as part

a commercial or public activity, or (b) is used exclusively for purposes in respect

which the relevant supervisory authority is satisfied that the quality

the water has no influence, either directly or indirectly, on the health

the consumers concerned.

(3)Subject to paragraph
(4), these Regulations shall not apply to a food business operator with its own water supply, in relation to the water used for the specific purposes

the food business, where— (

  1. a)the FSAI, or (
  2. b)an

ficial agency

the FSAI carrying out functions under a service contract pursuant to section 48

the Food Safety Authority

Ireland Act 1998 (No. 29

1998), is satisfied that— (i) the quality

the water supply cannot affect the safety

the foodstuff in its finished form, and (ii) the water supply

the food business complies with relevant obligations, in particular under the procedures on hazard analysis and critical control point principles, where applicable, and remedial actions under relevant legislation on food.

(4)The exemption in paragraph
(3)shall come into operation on 13 January 2026 and shall apply on and after that date.
(5)Maritime vessels that desalinate water, carry passengers and act as water suppliers shall only be subject to Regulations 4 to 7, 11 to 13 and 17 and any relevant Schedule.
(6)In this Regulation, “food business operator” has the meaning given to it in point
(3)

Article 3

Regulation (EC) No 178/2002

the European Parliament and

the Council

28 January 20023 ; PART 2 OBLIGATIONS IN RELATION TO WATER General obligations 4.

(1)Subject to any departure granted under Regulation 18, a water supplier shall ensure that all water intended for human consumption supplied by them is— (a) wholesome and clean, (b) does not present a risk to human health, and (c) meets the requirements

these Regulations.

(2)For the purposes

paragraph

(1), water shall be regarded as wholesome and clean where— (
  1. a)it is free from any micro-organisms and parasites, (
  2. b)it is free from any substances which in numbers, or concentrations, constitute a potential danger to human health, (
  3. c)it meets the quality standards set out in Tables A, B and D in Schedule 1, and (
  4. d)the water supplier concerned has taken all measures necessary to comply with Parts 2 to 4.
(3)A person, in respect

a supply

water which is intended for human consumption, shall not act in a manner that deliberately or carelessly poses a risk to human health.

(4)Measures taken by a supervisory authority or a water supplier to apply the provisions

these Regulations are based on the precautionary principle and shall not allow, directly or indirectly, either— (a) any deterioration in the existing quality

water intended for human consumption, so far as that is relevant for the protection

human health, or (b) any deterioration in the existing quality

waters used for the production

drinking water.

(5)Each water supplier shall take measures, in accordance with guidelines made, and published, by the EPA under Regulation 28, to notify the population served by an exempted supply

— (

  1. a)the fact that these Regulations do not apply to such supply, and (
  2. b)action that can be taken to protect human health from the adverse effects resulting from any contamination

water intended for human consumption.

(6)Where it is apparent to a water supplier that a potential danger to human health arises from the quality

an exempted supply, it shall, in accordance with guidelines mentioned in paragraph

(5), ensure that the consumers

that supply are given appropriate advice promptly.

(7)A person that fails to comply with paragraph
(1),
(5)or
(6)commits an

fence.

(8)A person that contravenes paragraph
(3)commits an

fence. Assessment

water leakage 5.

(1)Not later than 31 December 2025, water suppliers to which these Regulations apply shall— (a) undertake an assessment

water leakage levels within their distribution network, and (b) evaluate the potential for improvements in water leakage reduction within their distribution network, using the infrastructural leakage index (ILI) rating method or another appropriate method.

(2)The assessment, referred to in paragraph
(1)— (
  1. a)shall take into account relevant public health, environmental, technical and economic aspects for all water suppliers— (
  2. i)supplying not less than 10,000 cubic metres

water per day, or (ii) serving not less than 50,000 people, and outline any action plans necessary for the purpose

reducing the water leakage rate, and (

  1. b)shall be evaluated by— (
  2. i)the CRU for economic criteria, and (
  3. ii)the EPA for other relevant criteria, with the EPA approving, in writing, the assessment in relation to the preparation and implementation

action plans for the purposes

reducing the water leakage rate.

(3)Not later than two years after the date

adoption by the European Commission

the delegated act referred to in the third subparagraph

Article 4

(3)

the Directive, where a leakage rate exceeding the threshold set out in the delegated act exists, the water supplier concerned shall present an action plan to the CRU and the EPA laying down a set

measures to be taken in order to reduce the leakage rate and such action plan, on approval

the EPA, shall be transmitted by the EPA to the European Commission.

(4)A water supplier that fails to undertake an assessment

water leakage, required under this Regulation, commits an

fence. Quality standards 6.

(1)The parametric values for the quality standards applicable to water intended for human consumption are set out in Schedule 1.
(2)The parametric values mentioned in paragraph
(1), or set by the Minister under paragraph
(4), shall not be less stringent than those set out in Tables A to D in Schedule 1.
(3)As regards the parameters set out in Table C in Schedule 1, the values are solely for monitoring purposes and to ensure that the requirements set out in Regulation 17 are met.
(4)The Minister, following consultation with— (
  1. a)the EPA, (
  2. b)the HSE (
  3. c)the water supplier concerned, and (
  4. d)any organisation, or person, that the Minister considers appropriate having regard to all the circumstances, may set values for additional parameters not set out in Schedule 1, where the protection

human health within the State or part

it so requires and these values set shall, at a minimum, satisfy the requirements

Regulation 4. Point

compliance 7. Subject to the parametric values— (

  1. a)set in accordance with Regulation 6, and (
  2. b)set out in Schedule 1, measurement

compliance with the parametric values set out in Tables A and B in Schedule 1 shall be made in the case

the following: (i) water intended for human consumption supplied from a distribution network or a private source, at the point within a premises at which it emerges from the tap or taps that are normally used for the provision

water for human consumption (in these Regulations referred to as the point

compliance); (

  1. ii)water supplied by tanker or similar means, at the point at which it emerges from it; (iii) risk points in a domestic distribution system; (
  2. iv)water intended for human consumption used in a food business, at the point at which the water is used in that business. Duties in relation to water on premises 8.

(1)A water supplier supplying water intended for human consumption in accordance with Regulation 7 shall not be in breach

its obligations under Regulations 4

(1)and 17 where non-compliance with the parametric values mentioned in Regulation 6 is due to the domestic distribution system in a premises, or the maintenance thereof, not being in the charge, or control,

the water supplier in its capacity as a water supplier.

(2)The owner

a premises to which water is supplied for human consumption as part

a commercial or public activity including, but not limited to, priority premises, shall maintain the domestic distribution system

the premises in such a condition that it does not cause, contribute to, or give rise to a risk

non-compliance

that water with a parametric value specified in— (

  1. a)Tables A to C, or (
  2. b)where there is a risk to public health, Table D, in Schedule 1.

(3)In a case

non-compliance referred to in paragraph

(1), where there is a risk that water intended for human consumption covered by paragraph
(2)would not comply with the parametric values mentioned in Regulation 6
(1), the water supplier concerned may issue a direction, or advice, that— (
  1. a)(
  2. i)appropriate measures are taken to reduce or eliminate the risk

non-compliance with the parametric values, including advising the property owners concerned— (I)

any possible remedial action which could be taken by them, and (II) if necessary, that other measures such as appropriate treatment techniques are taken to change the nature

the properties

the water before it is supplied so as to reduce or eliminate the risk

the water not complying with the parametric values after supply, and (ii) other measures are taken, such as application

appropriate treatment techniques, to change the nature or properties

the water before it is supplied so as to reduce or eliminate the risk

the water not complying with the parametric value after supply, and (b) the consumers concerned are duly informed and advised

any possible additional remedial action that should be taken by them.

(4)A person that— (a) fails to comply with paragraph
(2), or (b) fails to comply with a direction issued under paragraph
(3), commits an

fence. PART 3 RISK Risk-based approach to water safety 9.

(1)The supply, treatment and distribution

water intended for human consumption shall be subject to the application

a risk-based approach that covers the whole supply chain from the catchment area, abstraction, treatment, storage and distribution

water to the point

compliance specified in Regulation 7.

(2)The risk-based approach mentioned in paragraph
(1)shall entail the following elements: (a) risk assessment and risk management

the catchment areas for abstraction points

water intended for human consumption in accordance with Regulation 10; (b) risk assessment and risk management for each supply system that includes the abstraction, treatment, storage and distribution

water intended for human consumption to the point

supply carried out by the water suppliers in accordance with Regulation 11; (c) risk assessment

the domestic distribution systems in accordance with Regulation 12.

(3)The implementation

the risk-based approach, mentioned in paragraph

(1), may be adapted without compromising the objective

these Regulations concerning the quality

water intended for human consumption and the health

consumers, when there are particular constraints due to geographical circumstances such as remoteness or limited accessibility

the water supply zone.

(4)The risk assessment and risk management

the catchment areas for abstraction points

water intended for human consumption shall be carried out by the water supplier concerned for the first time not later than 12 July 2027.

(5)The risk assessment and risk management, mentioned in paragraph
(4), shall be reviewed at regular intervals

not greater than six years, taking account

the requirements provided for in Regulation 10, and updated where necessary.

(6)The risk assessment and risk management

each supply system shall reflect the water safety plan approach set out in the World Health Organisation Guidelines and shall— (

  1. a)be carried out for the first time not later than 12 January 2029, and (
  2. b)be reviewed by the water supplier at regular intervals

not less than 6 years and updated where necessary.

(7)The EPA may review and assess the risk assessment and risk management, carried out under paragraph
(6), including drinking water safety plans prepared by water suppliers, and provide feedback thereon to the water supplier concerned.
(8)A water supplier shall ensure that the corrective actions recommended in the risk assessment and risk management, including any feedback received under paragraph
(7), are undertaken.
(9)The risk assessment

the domestic distribution systems shall be carried out for the first time not later than 12 January 2029 and that risk assessment shall be reviewed not later than each 6 years occurring after the anniversary

that date and updated where necessary. Risk assessment and risk management

catchment areas for abstraction points

water intended for human consumption 10.

(1)Having consulted with water suppliers, the EPA shall identify, within each river basin district, the following: (a) all bodies

water used for the abstraction

water intended for human consumption providing more than 10 cubic metres a day as an average or serving more than 50 persons; (b) those bodies

water intended for such future use.

(2)For each body

water identified under paragraph

(1), in addition to meeting the objectives

Article 4

the Water Framework Directive for surface water bodies including the quality standards established at European Union level under Article 16

the Water Framework Directive, a water supplier shall ensure that under the water treatment regime applied, and in accordance with Community legislation, the resulting water will meet the requirements

these Regulations.

(3)(a) Without prejudice to Articles 4 to 8

the Water Framework Directive, the source protection agencies, identified in Schedule 6, shall ensure that risk assessment and risk management

the catchment areas for abstraction points

water intended for human consumption are carried out. (b) The Minister shall, not later than 12 months after the date

the coming into operation

these Regulations, publish guidelines, on a website maintained by the Minister, outlining the required coordinated approach, including the respective roles, and responsibilities,

the supervisory authorities and Uisce Éireann, to the State’s obligations under the Directive and the Water Framework Directive for the protection

drinking water.

(4)The source protection agencies shall ensure that the risk assessment, mentioned in paragraph
(1), includes the following elements: (a) characterisation

the catchment areas for abstraction points including the following: (i) identification and mapping

the catchment areas for abstraction points; (ii) mapping

the safeguard zones, where those zones have been established in accordance with Article 7

(3)

the Water Framework Directive; (iii) geo-references for all abstraction points in the catchment areas; given that those data are potentially sensitive, in particular in the context

public health and public security, the source protection agencies shall ensure that such data are protected and communicated only to the relevant authorities and water suppliers; (iv) description

land-use, runoff and recharge processes in the catchment areas for abstraction points; (b) identification

hazards and hazardous events in the catchment areas for abstraction points and an assessment

the risk they could pose to the quality

water intended for human consumption; that assessment shall assess potential risks that might cause deterioration

the water quality to the extent that it could constitute a risk to human health; (c) appropriate monitoring in surface water or groundwater, or both, in the catchment areas for abstraction points, or in raw water,

relevant parameters, substances or pollutants selected from the following: (

  1. i)parameters set out in Tables A and B in Schedule 1 or set in accordance with Regulation 6; (
  2. ii)groundwater pollutants in Schedule 4 to the European Communities Environmental Objectives (Groundwater) Regulations 2010 ( S.I. No. 9

2010 ), and pollutants and indicators

pollution for which threshold values have been established by the State in accordance with Schedule 6 to those Regulations; (iii) priority substances and certain other pollutants in— (I) Table 11 (amended by Regulation

(16)

the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2015 ( S.I. No. 386

2015 )), and (II) Table 12 (amended by Regulation 4

the European Union Environmental Objectives (Surface Waters) (Amendment) Regulations 2019 ( S.I. No. 77

2019 )), in Schedule 6 to the European Union Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272

2009 ); (iv) river basin specific pollutants in— (I) Table 7, and (II) Table 10, in Schedule 5 to the European Union Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272

2009 ); (v) other pollutants relevant for water intended for human consumption established by the State on the basis

the information collected in accordance with paragraph

(2); (vi) naturally occurring substances that could constitute a potential danger for human health through use

water intended for human consumption; (vii) substances and compounds included in the watch list.

(5)For the purposes

paragraph

(4), reliance may be placed on information collected in accordance with this Regulation and Articles 5 and 7

the Water Framework Directive.

(6)For the purposes

paragraph

(4), reliance may be placed on the review

the impact

human activity undertaken in accordance with Regulation 10

these Regulations and Article 5

the Water Framework Directive and information on significant pressures— (a) collected for the purpose

points 1.4 and 1.5

Annex II to the Water Framework Directive, and (b) in articles 10A to 10K (inserted by Regulation 10

the European Union (Water Policy) (Amendment) Regulations 2022 ( S.I. No. 166

2022 ))

the Regulations

2003 ( S.I. No. 722

2003 )).

(7)The source protection agencies shall select from paragraph
(4)(c)(i) to (vii) the parameters, substances or pollutants that are considered relevant for monitoring in light

the hazards and hazardous events identified under paragraph

(4)(b) or in light

the information provided by the water suppliers in accordance with paragraph

(6).
(8)For the purpose

appropriate monitoring as referred to in paragraph

(4)(c), including to detect new substances that are harmful to human health through use

water intended for human consumption, source protection agencies may use the monitoring performed in accordance with Regulation 10

these Regulations, Articles 7 and 8

the Water Framework Directive or other legislation

the State, relevant to the catchment areas for abstraction points.

(9)Water suppliers that perform monitoring in the catchment areas for abstraction points or in raw water shall be required to share that data with, and when required inform, the supervisory authorities

trends in, and

unusual numbers or concentrations

, monitored parameters, substances or pollutants.

(10)On the basis

the outcome

the risk assessment carried out in accordance with paragraph

(4), the source protection agencies shall ensure that the following risk management measures to prevent or control the risks identified are taken as relevant, starting with the preventive measures: (a) defining and implementing preventive measures in the catchment areas for abstraction points in addition to the measures foreseen or taken in a accordance with paragraph 4

Schedule 2 to the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272

2009 ), where required to safeguard the quality

the water intended for human consumption; where appropriate, those preventive measures shall be included in the programmes

measures referred to in article 12

the Regulations

2003; where appropriate, the source protection agencies shall ensure that polluters, in cooperation with water suppliers and other relevant stakeholders, take such preventive measures in accordance with the Water Framework Directive; (b) defining and implementing mitigation measures in the catchment areas for abstraction points in addition to the measures foreseen or taken in accordance with paragraph 4

Schedule 2 to the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272

2009 ), where required to safeguard the quality

the water intended for human consumption; where appropriate, those mitigation measures shall be included in the programmes

measures referred to in article 12

the Regulations

2003; where appropriate, the source protection agencies shall ensure that polluters, in cooperation with water suppliers and other relevant stakeholders, take such mitigation measures mentioned in the Water Framework Directive; (c) ensuring appropriate monitoring

parameters, substances or pollutants in surface water or groundwater, or both, in the catchment areas

abstraction points, or in raw water, that could constitute a risk to human health through water consumption or lead to unacceptable deterioration

the quality

water intended for human consumption and that have not been taken into consideration in the monitoring performed in accordance with Regulation 10

these Regulations and article 10

the Regulations

2003; where appropriate, this monitoring shall be included in the monitoring programmes referred to in article 10

the Regulations

2003; (d) evaluation

the need to establish or adapt safeguard zones for groundwater and surface water, as referred to in Article 7

(3)

the Water Framework Directive, and any other relevant zones.

(11)The detailed description

the roles and responsibilities

the source protection agencies, under Schedule 6, may be further outlined in guidelines which shall – (a) be made by the Minister, and published on a website maintained by him and her, not later than 12 months

the date

the coming into operation

these Regulations, and (b) ensure that the effectiveness

any measures referred to in paragraph

(10)are reviewed at appropriate intervals.
(12)Source protection agencies shall ensure that water suppliers and supervisory authorities have access to the information referred to in paragraphs
(4)and
(9)and, in particular, relevant water suppliers shall have access to the monitoring results obtained under paragraph
(4)(c).
(13)On the basis

the information referred to in paragraphs

(4)and
(9)— (a) water suppliers may be required by the relevant supervisory authority from time to time to perform additional monitoring or treatment

certain parameters, and (b) subject to appropriate monitoring

the parameters concerned being performed when reviewing the risk assessment and risk management

the catchment areas for abstraction points, in accordance with Regulation 9

(4), the relevant supervisory authority may allow water suppliers to decrease the monitoring frequency

a parameter, or to remove a parameter from the list

parameters to be monitored by the water supplier in accordance with Regulation 13

(2)(a), without being required to carry out a risk assessment

the supply system, provided that— (i) the parameter is not a core parameter within the meaning

point 1

Part 2

Schedule 2, and (ii) no factor that can be reasonably anticipated is likely to cause deterioration

the quality

water intended for human consumption.

(14)Where a water supplier is allowed to decrease the monitoring frequency

a parameter or remove a parameter from the list

parameters to be monitored, as referred to paragraph

(13), the supervisory authority shall ensure that appropriate monitoring

those parameters is performed when reviewing the risk assessment and risk management

the catchment areas for abstraction points, in accordance with Regulation 9

(4)and
(5). Risk assessment and risk management

supply system 11.

(1)The supervisory authority shall ensure that risk assessment and risk management

the supply system are carried out by each water supplier for all water supplies— (

  1. a)10 cubic metres, or greater, per day as an average, or (
  2. b)serving 50, or more, persons.

(2)A water supplier shall ensure that the risk assessment

the supply system mentioned in paragraph

(1)— (a) takes into account the results

the risk assessment and risk management

the catchment areas for abstraction points carried out in accordance with Regulation 10, (b) includes a description

the supply system from the abstraction point, treatment, storage and distribution

water to the point

supply, and (c) identifies the hazards and hazardous events in the supply system and includes an assessment

the risks they could pose to human health through use

water intended for human consumption, taking into consideration risks stemming from climate change, leakage and leaking pipes.

(3)On the basis

the outcome

the risk assessment carried out in accordance with paragraph

(2), the water supplier shall ensure that the following risk management measures are taken: (a) defining and implementing control measures for the prevention and mitigation

the risks identified in the supply system that could compromise the quality

water intended for human consumption; (b) defining and implementing control measures in the supply system in addition to the measures foreseen or taken in accordance with Regulation 10

(10)or article 12

the Regulations

2003, for the mitigation

risks coming from the catchment areas for abstraction points that could compromise the quality

water intended for human consumption; (

  1. c)implementing a supply-specific operational monitoring programme in accordance with Regulation 13; (
  2. d)where disinfection forms part

the preparation or distribution

water intended for human consumption, that the following are ensured: (i) that the efficiency

the disinfection applied is validated; (

  1. ii)that any contamination from disinfection by-products is kept as low as possible without compromising the disinfection; (iii) that any contamination from treatment chemicals is kept as low as possible; (
  2. iv)that any substances remaining in the water do not compromise the fulfilment

the general obligations set out in Regulations 4 and 5; (e) verifying that materials, treatment chemicals and filter media that come into contact with water intended for human consumption used in the supply system comply with Regulations 19 and 20.

(4)On the basis

the outcome

the risk assessment

the supply system carried out in accordance with paragraph

(2), the supervisory authority shall— (a) allow the possibility

decreasing the monitoring frequency

a parameter or

removing a parameter from the list

parameters to be monitored, other than for the core parameters referred to in point 1

Part 2

Schedule 2, if the supervisory authority is satisfied that to do so would not compromise the quality

water intended for human consumption— (i) on the basis

the occurrence

a parameter in raw water, in accordance with the risk assessment

the catchment areas for abstraction points as set out in Regulation 10

(1)to
(8), (ii) when a parameter can only occur as a result

the use

a certain treatment technique or disinfection method, and that technique or method is not used by the water supplier, or (iii) on the basis

the specifications set out in Part 3

Schedule 2, (b) ensure that the list

parameters to be monitored in water intended for human consumption in accordance with Regulation 13 is extended or that the monitoring frequency is increased— (i) on the basis

the occurrence

a parameter in raw water, in accordance with the risk assessment

the catchment areas for abstraction points as set out in Regulation 10

(1)to
(7), or (ii) on the basis

the specifications set out in Part 3

Schedule 2.

(5)The risk assessment

the supply system, mentioned in paragraph

(1), shall concern parameters set out in Tables A to C in Schedule 1, parameters set in accordance with Regulation 6 and substances or compounds included in the watch list.
(6)Where a water supplier has not undertaken risk assessment and risk management, the supervisory authority may direct the water supplier concerned that the risk assessment, or risk management, as the case may be, be carried out and the water supplier shall comply with that direction.
(7)A water supplier that— (a) fails to ensure that, where disinfection forms part

the preparation or distribution

water for human consumption— (

  1. i)that any contamination from disinfection by-products is kept as low as possible, or (
  2. ii)that any substances remaining in the water do not compromise the fulfilment

the general obligations in Regulation 4, or (b) fails to comply with a direction given under paragraph

(6), commits an

fence. Risk Assessment

domestic distribution systems 12.

(1)Uisce Éireann shall ensure that a risk assessment

domestic distribution systems is carried out and that risk assessment shall comprise the following elements: (a) a general analysis

the potential risks associated with domestic distribution systems, and with related products and materials, and whether those potential risks affect the quality

water at the point where it emerges from the taps that are normally used for water intended for human consumption; this general analysis shall not entail an analysis

individual properties; (b) monitoring

the parameters set out in Table D in Schedule 1 in premises where specific risks to water quality and human health have been identified during the general analysis performed under subparagraph (a).

(2)In relation to Legionella or lead, Uisce Éireann, having had regard to the Safety, Health and Welfare at Work Act 2005 (No. 10

2005), may decide to focus the monitoring referred to in paragraph

(1)(b) on priority premises.
(3)Where Uisce Éireann concludes, on the basis

the general analysis carried out under paragraph

(1)(a), that there is a risk to human health stemming from domestic distribution systems or from the related products and materials, or where monitoring performed in accordance with paragraph
(1)(
  1. b)demonstrates that the parametric values set out in Table D in Schedule 1 are not met, Uisce Éireann shall in writing— (
  2. a)inform the owner

the property concerned, and (b) inform the relevant supervisory authority.

(4)On being informed under paragraph
(3), the owner

the property concerned shall, without delay, ensure that appropriate measures are taken to eliminate or reduce the risk

non-compliance with the parametric values in Table D Schedule 1 and, in the case

Legionella, those measures shall target at least priority premises.

(5)In order to reduce the risks connected with domestic distribution across all domestic distribution systems, a water supplier shall ensure that the following measures are considered and that those measures considered relevant are taken; (a) encourage owners

public and private premises to carry out a risk assessment

the domestic distribution system; (b) inform consumers and owners

public and private premises about measures to eliminate or reduce the risk

non-compliance with the quality standards for water intended for human consumption due to the domestic distribution system; (c) advise consumers about the conditions

consumption and use

water intended for human consumption, and about possible action to avoid the reoccurrence

those risks; (d) promote training for plumbers and other professionals dealing with domestic distribution systems and the installation

construction products and materials that come into contact with water intended for human consumption; (e) in relation to Legionella, ensure that effective control and management measures which are proportionate to the risk are in place to prevent and address possible outbreaks

the disease; (f) in relation to lead, if economically and technically feasible, implement measures for substitution

components made

lead in existing domestic distribution systems. PART 4 MONITORING AND INFORMATION Monitoring 13.

(1)The EPA shall supervise the performance by Uisce Éireann and each local authority

their monitoring functions under these Regulations, and may issue such direction to those bodies as it considers necessary to ensure that Uisce Éireann or the local authority concerned, as the case may be, are complying with their obligations under these Regulations.

(2)(
  1. a)Uisce Éireann shall— (
  2. i)be responsible for monitoring public water supplies, with the parametric values set out in Tables A, B and C in Schedule 1, and (
  3. ii)undertake raw water monitoring as required under Regulation 10
(10)(c). (b) The supervisory authority shall verify compliance

water intended for human consumption supplied by Uisce Éireann, or any person acting jointly with it or on its behalf, with the parametric values set out in Tables A, B and C in Schedule 1.

(3)Subject to paragraphs
(2)(a) and
(4), each local authority shall supervise the performance

private water suppliers in its functional area, including monitoring compliance

water intended for human consumption with the parametric values set out in Tables A, B and C in Schedule 1.

(4)Where a water supply referred to in paragraph
(3)is provided within the functional area

two, or more, local authorities then the following applies; (a) subject to subparagraph (b), those local authorities may decide that one

them shall perform the functions required under that paragraph

(3)in respect

that water supply; (

  1. b)the Minister may direct those local authorities to nominate a single local authority from among themselves to perform those functions, and where the authorities fail to comply with such a direction the Minister may direct that a specified local authority shall perform them; (
  2. c)the authority nominated under subparagraph (a), or directed under subparagraph (b), shall have such functions in regard to such supply as if it was provided solely in its functional area in the first instance.

(5)(a) For the purpose

establishing compliance with the parametric values set out in Parts 1 and 2

Schedule 2 and

fulfilling their respective obligations under paragraphs

(2)and
(3), each water supplier or relevant supervisory authority shall take all measures necessary to ensure that monitoring

the quality

water intended for human consumption is carried out on water supplies in accordance with any guidelines issued by the EPA under paragraph

(12). (b) Guidelines issued by the EPA, mentioned in subparagraph (a), shall be in accordance with this Regulation and Schedule 2 in order to check that the water available to consumers meets the requirements

these Regulations and, in particular, the additional parametric values set in accordance with Regulation 6

(4). (c) Each supervisory authority shall be responsible for the enforcement

compliance with these Regulations by the water suppliers for whom it has supervisory responsibility under these Regulations.

(6)For the purposes

paragraph

(5), without prejudice to paragraph
(4)— (a) in the case

a public water supply, Uisce Éireann, and (b) in the case

a private water supply, the local authority concerned, shall— (i) specify the points at which samples shall be taken for analysis and establish a related monitoring programme in accordance with Parts 1, 2 and 4

Schedule 2, or ensure that such a monitoring programme is established in respect

every supply

water for human consumption, other than an exempted supply, in its functional area, and (

  1. ii)submit the monitoring programme referred to in subparagraph (
  2. i)to the EPA for review at such times as the EPA may direct.

(7)The supervisory authority may direct a water supplier to amend, in such manner as the EPA may specify, a monitoring programme submitted by the water supplier to the EPA under paragraph
(6)(ii), and the water supplier shall comply with that direction.
(8)Samples taken for the purposes

this Regulation shall be representative

the quality

the water consumed throughout the year and shall be equally distributed through the supply.

(9)A monitoring programme established under paragraph
(6)shall comply with the specifications for the analysis

parameters specified in Schedule 3 and may provide for the use

in accordance with the following principles: (a) methods

analysis, other than those specified in Part 1

Schedule 3, provided that— (

  1. i)the EPA is satisfied that the results obtained are at least as reliable as those produced by the specified methods, and (
  2. ii)the European Commission is provided with all relevant information concerning such methods and their equivalence; (
  3. b)any method

analysis for those parameters in Part 2

Schedule 3, provided that it meets the requirements set out therein.

(10)Where, for the purposes

paragraph

(9)(a), a supervisory authority satisfies itself that the results obtained from an alternative method

analysis are at least as reliable as those produced by the specified method, it shall forward to the Minister all relevant information concerning its comparative evaluation

the equivalent method, and the Minister shall forward the information to the European Commission.

(11)A supervisory authority shall ensure that additional monitoring is carried out on a case-by-case basis (whether by itself or the relevant water supplier)

substances and micro-organisms for which no parametric value has been set out in Schedule 1, if there is reason to suspect that such substances or micro-organisms may be present in amounts or numbers that constitute a potential danger to human health, and may direct a water supplier to carry out such monitoring as it considers necessary for this purpose, and, where so directed, the water supplier shall comply with such direction within such time as set out in the direction or, where no such time is set out, in a timely manner.

(12)The EPA may issue guidelines on the manner, frequency and method by which parameters set out in Schedule 1 shall be monitored, and in relation to appropriate monitoring points.
(13)To meet the obligations imposed in Article 13
(1)

the Directive, appropriate monitoring programmes shall be established in accordance with Part 1

Schedule 2 for all water intended for human consumption and those monitoring programmes shall be supply-specific, taking into account the outcomes

the risk assessment

the catchment areas for abstraction points and

the supply systems, and shall consist

the following elements: (a) monitoring

the parameters listed in Tables A, B and C in Schedule 1, and

the parameters set in accordance with Regulation 6, in accordance with Schedule 2, and, where a risk assessment

the supply system is carried out, in accordance with Regulation 11 and Part 3

Schedule 2, unless the supervisory authority decides that one

those parameters can be removed, in accordance with— (i) Regulation 10

(13), or (ii) Regulation 11
(4)(a), from the list

parameters to be monitored. (b) monitoring

the parameters set out in Table D in Schedule 1, for the purposes

the risk assessment

domestic distribution systems, as provided for in Regulation 12

(1)(b). (c) monitoring

the substances and compounds included in the watch list, in accordance with Regulation 13

(14)(a). (d) monitoring,

the purposes

the identification

hazard and hazardous events, as provided for in Regulation 10

(4)(c). (e) operational monitoring conducted in accordance with Regulation point 3

Part 1

Schedule 2.

(14)(a) A water supplier, having consulted with the supervisory authority and the HSE, shall put in place monitoring requirements with regard to the potential presence

the substances or compounds which are included in the watch list, at relevant points

the supply chain for water intended from human consumption. (

  1. b)For this purpose, the supervisory authority may take into account the information collected under Regulation 10 and may use the monitoring data collected in accordance with— (
  2. i)articles 10A to 10K (inserted by Regulation 10

the European Union (Water Policy) (Amendment) Regulations 2022 ( S.I. No. 166

2022 ))

the Regulations

2003, and (ii) Regulation 26, and Regulation 44 (amended by Regulation 6

the European Communities Environmental Objectives (Surface Waters) (Amendment) Regulations 2022 ( S.I. No. 288

2022 )),

the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272

2009 ), or other relevant European Union or State legislation, in order to avoid overlapping

monitoring requirements. (c) The monitoring results shall be included in the data sets, set up in accordance with Regulation 16

(1)(i), together with the results

the monitoring performed under Regulation 8

(4).
(15)Where a substance or compound included in the watch list is detected, under Regulation 10
(4)or under paragraph
(14)(a), in concentrations exceeding the guidance values set out in the watch list, the water supplier concerned, in consultation with the HSE and the supervisory authority, shall ensure that the following measures are considered and that those measures considered relevant are taken: (a) preventative measures, mitigation measures or appropriate monitoring in the catchment areas for abstraction points or in raw water as set out in Regulation 10
(10); (b) requiring water suppliers to carry out monitoring

those substances or compounds, in accordance with Regulation 10

(13); (
  1. c)requiring water suppliers to check whether treatment is adequate to reach the guidance value and, where necessary, to optimise the treatment; (
  2. d)remedial actions in accordance with Regulation 17
(4)(a) where the EPA or the HSE, as the case may be, considers it necessary to protect human health.
(16)Guidelines for consultations under paragraph
(15)shall be jointly developed by the EPA, the HSE and the water suppliers in relation to managing watch list substances.
(17)Sampling points, for the purposes

these Regulations, shall be determined by the water supplier, or supervisory authority, concerned and shall meet the relevant requirements set out in Part 4

Schedule 2.

(18)Where there is reason to suspect that substances and micro-organisms for which no parametric value has been set in accordance with Regulation 6 may be present in numbers or concentrations which constitute a potential danger to human health, the water supplier or supervisory authority, concerned shall ensure that additional monitoring is carried out on a case-by-case basis.
(19)A person that fails to comply with a direction from the supervisory authority under paragraph
(7)or
(11)commits an

fence. Information to members

the public 14.

(1)Subject to paragraph
(2), a water supplier shall maintain adequate and up-to-date records in accordance with— (
  1. a)Schedule 4, and (
  2. b)with applicable data protection legislation.
(2)The records maintained under paragraph
(1)shall be provided to the relevant supervisory authority on written request and may specify the following: (a) the management and treatment

water intended for human consumption; (b) the monitoring

compliance with water quality standards or other parametric values set out in Schedule 1; (

  1. c)corrective action taken following a non-compliance with water quality standards or other parametric values set out in Schedule 1; (
  2. d)verification

the efficiency

a disinfection treatment in accordance with Regulation 11

(3).
(3)A water supplier shall ensure that all persons supplied with water intended for human consumption receive the following information regularly and not less than once a year, without being required to request that information, in the most appropriate and easily accessible form, including, but not limited to, invoices to commercial customers or by digital means such as smart applications, websites or forms accessible to their customer: (a) information on the quality

water intended for human consumption, including the indicator parameters; (b) where chargeable, the price

water intended for human consumption supplied, per litre and cubic metre; (c) the volume consumed by the household, not less than once per year or per statement period, together with yearly trends

the household consumption, if technically feasible and if this information is available to the water supplier; (d) comparisons

the yearly water consumption

the household with an average household consumption, when applicable in accordance with subparagraph (c); (e) a link to the website containing the information set out in Schedule 4 (or access to that information by means, appropriate to the water supplier and customer base).

(4)Each supervisory authority shall carry out, cause to be carried out, or arrange for such monitoring as it considers necessary to verify information provided to it under paragraph
(2).
(5)For the purposes

its functions under these Regulations, each supervisory authority shall keep a register to record the details

each water supply for which it is a supervisory authority, and such register at a minimum shall record the following: (a) the name and address

the water supplier; (b) the volume

water supplied per day (expressed either in cubic metres or a population equivalent); (c) the type

water treatment in place; (d) the source

the water supply; (e) the supply zone code allocated under the Drinking Water National Monitoring Programme (as referred to in the Department

the Environment, Community and Local Government circular letter, Reference WSP11/04, dated 17th December 2004), or such code as shall be allocated subsequently by Uisce Éireann or the relevant local authority.

(6)Water suppliers and each local authority shall maintain up to date records on an ongoing basis

monitoring results in relation to each water supply that they are required to monitor under Regulation 13

(2),
(3)or
(4).
(7)A water supplier shall, as directed by a supervisory authority, provide the supervisory authority with such details as the authority considers are necessary for it to maintain up to date the register and records referred to in paragraphs
(5)and
(6).
(8)A water supplier that fails to comply with a direction from a supervisory authority under paragraph
(7)commits an

fence.

(9)The register and records referred to in paragraph
(1)shall be kept at the principal

fice

the water supplier concerned, and shall be made available for inspection by any person during

fice hours.

(10)Where a request is made to— (a) a supervisory authority for a copy

an entry in the register maintained by it under paragraph

(5), or (b) the water supplier concerned for a copy

a record maintained by it under paragraph

(1), the recipient

the request concerned shall issue such a copy to the applicant on, if so required, the payment by the applicant

a fee

such an amount (not exceeding the reasonable cost

making the copy) as may be determined.

(11)Subject to any guidelines that the CRU may issue for the purposes

this paragraph, in order to facilitate public access to information, a water supplier may keep a register or record (or part

it) under this Regulation in electronic format (such as on an internet website), provided that the register or record is capable

being used to make a legible copy or reproduction

any entry in it, and references in this Regulation to a copy

an entry in a register or a record shall be construed as including references to such electronic format or such legible copy or reproduction.

(12)Evidence

an entry in a register or a record may be given by production

a copy

it certified by an

ficer

Uisce Éireann or the authority concerned as being a true copy.

(13)Where a person fails to comply in full with a request under paragraph
(2)within a period

6 weeks, or such longer period as may be specified in the request, the relevant supervisory authority may apply to the High Court for an order directing the person concerned to comply with the request.

(14)Where, following an application by a supervisory authority under paragraph
(13), the High Court is satisfied that it is appropriate to do so, the court may make an order compelling the person concerned to comply with the request under paragraph
(2).
(15)Where the High Court makes an order under paragraph
(14), it may, for the purpose

giving full effect to the order, include such conditions in the order and make such ancillary or other orders as it deems fit. Protection

human health 15.

(1)Where a water supplier or a local authority considers that a supply

water intended for human consumption constitutes a potential danger to human health, the water supplier or the local authority, as the case may be, shall consult with the HSE, and with the agreement

the HSE, ensure that— (a) the supply

such water is prohibited, or the use

such water is restricted, or such other action is taken as is necessary to protect human health, (

  1. b)consumers are informed promptly thereof and given the necessary advice, (
  2. c)in the case

a public water supply, the EPA is informed promptly, and (d) the relevant local authority is informed promptly.

(2)The water supplier concerned or the relevant local authority, with the agreement

the HSE, shall decide what action under paragraph

(1)is to be taken, bearing in mind the risks to human health which would be caused by an interruption

the supply or a restriction in the use

water intended for human consumption.

(3)The duty imposed on a water supplier by paragraph
(1)shall apply whether or not any failure to meet a parametric value set out in Schedule 1, or set under Regulation 6, has occurred.
(4)A supervisory authority may give a direction to a water supplier in respect any action to be taken by the water supplier under paragraph
(1).
(5)The supervisory authority may issue guidelines to assist water suppliers to fulfil their obligations under this Regulation.
(6)A water supplier that fails— (
  1. a)to comply with a direction from a supervisory authority under this Regulation, or (
  2. b)to inform the EPA in accordance with paragraph
(1)(c), commits an

fence. Information on monitoring

implementation 16.

(1)Without prejudice to— (a) the European Communities (Access to Information on the Environment) Regulations 2007 ( S.I. No. 133

2007 ), and (b) the State’s obligations under Directive 2007/2/EC

the European Parliament and

the Council

14 March 2007,5 the EPA, shall— (i) set up by 12 January 2029, and update not later than every 6 years thereafter, a data set containing information on measures taken to improve access to and promote the use

water intended for human consumption in accordance with Regulation 21, and on the share

their population that has access to water intended for human consumption, (ii) set up by 12 July 2027, and update not later than every six years thereafter, a data set containing information related to the risk assessment and risk management

the catchment areas for abstraction points carried out in accordance with Regulation 10, and set up by 12 January 2029, and update not later than every 6 years thereafter, a data set containing information related to the risk assessment

domestic distribution systems carried out in accordance with Regulation 12, including the following elements: (I) information on catchment areas for abstraction points under Regulation 10

(4); (II) the results

the monitoring performed under Regulations 10

(4)and 12
(1)(b); (III) concise information on measures taken pursuant to Regulations 10
(10)and 12
(3),
(4)and
(5), including information on the type

measures taken, and the progress made, under Regulation 12

(5)(f), (iii) set up, and update annually thereafter, a data set containing monitoring results, in cases

exceedances

the parametric values set out in Tables A and B in Schedule 1, collected in accordance with Regulations 11 and 13 and information about the remedial actions taken in accordance with Regulation 17, (iv) set up, and update annually thereafter, a data set containing information on incidents relating to water intended for human consumption that have caused a potential risk to human health, regardless

whether any failure to meet the parametric values occurred, that lasted for more than 10 consecutive days and that affected not less than 1,000 people, including the causes

those incidents and remedial actions taken in accordance with Regulation 17, and (v) set up, and update annually thereafter, a data set containing information on all derogations granted in accordance with Regulation 18

(1), including the information provided for in paragraph
(6)

that Regulation.

(2)Where possible, spatial data services as defined in point
(4)

Article 3

Directive 2007/2/EC

the European Parliament and

the Council

14 March 20075 shall be used to present the data sets referred to in paragraph

(1).
(3)The EPA shall provide access to data sets referred to in paragraph
(1)to the European Commission, the European Environment Agency and the European Centre

Disease Prevention and Control. Remedial action and restrictions

use 17.

(1)(a) A water supplier shall ensure that any failure to meet the parametric values set out in Schedule 1 or the detection

pathogenic micro-organisms or parasites in its water supply is immediately investigated so as to identify the cause

such failure. (b) Each relevant local authority shall ensure that any failure to meet the parametric values set out in Schedule 1 or the detection

pathogenic micro-organisms or parasites in a water supply for which it is a supervisory authority, is immediately investigated by the relevant water supplier so as to identify the cause

such failure.

(2)For the purposes

paragraph

(1), where a water supplier discovers a failure to meet the values set out in Schedule 1 or detects pathogenic micro-organisms or parasites in its water supply, that person shall notify the relevant supervisory authority for that supply in accordance with such guidelines as the EPA may issue for that purpose.
(3)Subject to Regulation 15 and Regulations 17
(4)and
(8), where it is found, as a result

monitoring carried out for the purposes

these Regulations, that the quality

water intended for human consumption does not meet the parametric values set out in Schedule 1, or set in accordance with Regulation 6, the supervisory authority shall, subject to any departures in force under these Regulations— (a) ensure that the necessary remedial action is taken by the water supplier as soon as possible to restore the quality

the water, and may issue such directions as the supervisory authority considers appropriate for this purpose to the relevant water supplier, (

  1. b)give priority to its enforcement action, having particular regard to the extent to which the relevant parametric value has been exceeded and to the potential danger to human health, (
  2. c)unless indicated otherwise in guidelines issued under paragraph

(8), within 14 days

receiving the monitoring results, direct a water supplier to prepare an action programme and to submit it for the approval

the supervisory authority within 60 days, and to implement such action programme for the improvement

the quality

the water so as to secure compliance with these Regulations as soon as possible and not later than— (i) one year from the date

approval by the supervisory authority

the action programme in relation to the water quality standards set out in Tables A and B in Schedule 1 in relation to matters that present a risk to human health, and (ii) two years from the date

approval by the supervisory authority

the action programme in relation to all the water quality standards set out in Table B in Schedule 1, other than those referred to in clause (i).

(4)(a) In the event

non-compliance with the parametric values or with the specifications set out in Table C in Schedule 1, a supervisory authority, in consultation with the HSE, shall consider whether or not such non-compliance poses a risk to human health. (b) Where it is determined that such risk to human health under subparagraph (a) exists, the supervisory authority shall apply the provisions

paragraph

(3)(c), and the relevant water supplier shall take remedial action to restore the quality

the water within the timeframe specified in the programme.

(5)Where, despite the measures taken to meet the obligations imposed in Regulation 4
(1), water intended for human consumption does not meet the parametric values set out in Schedule 1, or set in accordance with Regulation 6, and without prejudice to Regulation 8
(1), the water supplier concerned shall ensure that the necessary remedial action is taken as soon as possible to restore the quality

that water and shall give priority to its obligations to comply with Regulation 4, having regard to, amongst other things, the extent to which the relevant parametric value has been exceeded and the associated potential danger to human health.

(6)A supervisory authority may amend an action programme submitted to it under paragraph
(3)(c) before approving it, and the action programme thus amended and approved shall be regarded as the action programme for the purposes

these Regulations.

(7)An action programme under this Regulation shall include such interim measures as may be appropriate, and shall have regard to the provisions

any water services strategic plan made by Uisce Éireann or the relevant local authority.

(8)The EPA may issue guidelines in relation to the nature and timing

remedial, enforcement or other relevant action under this Regulation in specified circumstances, depending on the extent and likely consequences

a non-compliance with parametric values set out in Schedule 1, and local authorities shall take such guidelines fully into account when fulfilling their obligations under paragraph

(3).
(9)Where remedial action is taken in relation to a water supply, the water supplier shall ensure that consumers are informed

such action, save where the supervisory authority considers the non-compliance with the parametric value to be trivial in nature or extent.

(10)For the purposes

paragraph

(1), each water supplier shall maintain a record

any incidence

failure to meet the parametric values set out in Schedule 1, and such record shall include details

— (a) the date

the incident, (b) the extent and duration

the failure, (c) the cause

the failure, and (d) details

any complaint received arising from such failure.

(11)In the cases described in paragraphs
(5)and
(13), where the non-compliance with the parametric values is considered to be a potential danger to human health, the water supplier concerned, in consultation with the relevant local authority and the HSE, shall as soon as possible take the following measures: (a) notify all affected consumers

the potential danger to human health and its cause,

the exceedance

a parametric value and

the remedial actions taken, including prohibition or restriction

use or other action; (b) give, and regularly update, the necessary advice to consumers on conditions

consumption and use

the water, taking particular account

population groups with increased water-related health risks; (c) inform consumers once it has been established that there is no longer a potential danger to human health and inform them that the service has returned to normal.

(12)Records referred to in paragraph
(10)shall be made available by a water supplier to a supervisory authority on written request from the authority concerned.
(13)Regardless

whether any failure to comply with the parametric values set out in Schedule 1, or set in accordance with Regulation 6, has occurred, the water supplier or supervisory authority concerned shall ensure that any supply

water intended for human consumption which constitutes a potential danger to human health is prohibited or the use

such water restricted and that any other remedial action that is necessary to protect human health is taken.

(14)A water supplier that fails to— (a) notify the relevant supervisory authority in accordance with paragraph
(2), (b) comply with a direction issued under paragraph
(3)(
  1. a)or (c), (
  2. c)inform consumers in accordance with paragraph
(9), (d) maintain a record for the purposes

paragraph

(10), or (e) make a record available to a supervisory authority on request under paragraph
(12), commits an

fence. Derogations 18.

(1)In duly justified circumstances, a departure from the parametric values set out in Table B in Schedule 1, or set in accordance with Regulation 6, up to a maximum value for each such departure to be determined by the EPA, may on application by Uisce Éireann in respect

a public water supply, or by the relevant local authority in respect

a private water supply, subject to the agreement

the HSE, be granted by the EPA in relation to a water supply, provided no such departure constitutes a potential danger to human health and that the supply

water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means; such derogations shall be limited to the following: (a) a new catchment area for the abstraction

water intended for human consumption; (b) a new source

pollution detected at the catchment area for the abstraction

water intended for human consumption or parameters newly searched for or detected; (c) an unforeseen and exceptional situation in an existing catchment area for the abstraction

water intended for human consumption that could lead to temporary limited exceedances

the parametric values.

(2)An application for a departure under paragraph
(1)shall contain such information as may be specified by the EPA.
(3)A departure granted under paragraph
(1)shall— (
  1. a)be subject to such conditions as may be specified by the EPA, (
  2. b)have effect for as short a period

time as possible, which shall not exceed 3 years, (c) subject to paragraph

(4), specify the requirements set out in Regulation 18
(6), and (d) be reviewed by the EPA prior to the end

the period

the departure so as to determine whether sufficient progress has been made in the opinion

the EPA.

(4)(a) Subject to subparagraph (b), the requirement to specify the information in paragraph
(6)shall not apply in any case where the EPA considers that— (
  1. i)the non-compliance with the parametric value is trivial, and (
  2. ii)the action taken in accordance with Regulation 17
(5)is sufficient to remedy the problem within 30 days, and in such a case, a departure granted under this Regulation need specify only the maximum permissible value for the parameter and the time allowed to remedy the problem. (b) Subparagraph (a) shall not apply in the case

a water supply where failure to comply with any one parametric value in relation to that supply has occurred on more than 30 days on aggregate during the previous 12 months.

(5)In exceptional circumstances, the EPA may grant a second departure in respect

subparagraphs (a) or (b)

paragraph

(1), which shall not exceed 3 years, up to a maximum value to be determined by the EPA and subject to the agreement

the HSE, and where it does so— (a) the EPA shall forward the related review to the Minister, and notify him or her

the departure and the reasons for granting it; (b) the Minister shall forward the related review and details

the reasons for granting the second departure to the European Commission.

(6)Any derogation granted in accordance with paragraph
(1)or
(5)shall specify the following: (
  1. a)the grounds for the derogation; (
  2. b)the parameter concerned, previous relevant monitoring results, and the maximum permissible parametric value under the derogation; (
  3. c)the geographical area, the quantity

water supplied each day, the population concerned; (

  1. d)an appropriate monitoring scheme, with an increased monitoring frequency where necessary; (
  2. e)a summary

the plan for the necessary remedial action, including a timetable for the work and an estimate

the cost and provisions for reviewing; (f) the duration

the derogation.

(7)Subject to paragraph
(8), where a departure is granted under this Regulation, other than a departure to which paragraph
(4)applies, the water supplier concerned shall ensure that— (a) the population affected by such departure is informed promptly in an appropriate manner

the departure and

the conditions governing it, (

  1. b)advice is given, where necessary, to particular population groups for which the departure could present a special risk, and (
  2. c)informed

any action that can be taken to protect human health from the adverse effects resulting from any contamination

water intended for human consumption.

(8)The obligations referred to in paragraph
(7)shall not apply to the circumstances mentioned in paragraph
(4)other than where the supervisory authority concerned decides otherwise. PART 5 MINIMUM REQUIREMENTS Minimum hygiene requirements for materials that come into contact with water intended for human consumption 19.
(1)For the purposes

Regulation 4, a water supplier shall ensure that materials that are intended to be used in their new installations or, in the case

repair works or reconstruction, in existing installations for the abstraction, treatment, storage or distribution

water intended for human consumption and that come into contact with such water do not— (a) directly or indirectly compromise the protection

human health as provided by these Regulations, (b) adversely affect the colour, odour or taste

the water, (

  1. c)enhance microbial growth, or (
  2. d)leach contaminants into the water at levels that are higher than necessary in view

the intended purpose

the material.

(2)(a) Products that meet the specific minimum hygiene requirements, adopted by the European Commission under paragraph
(2)

Article 11

the Directive, satisfy the requirements set out in paragraph

(1). (b) Products in contact with water intended for human consumption that use final materials approved in accordance with these Regulations can be placed on the market for the purposes

these Regulations.

(3)Regulation (EU) 2019/1020

the European Parliament and

the Council

20 June 20196 shall apply to products covered by this Regulation. Minimum requirement for treatment chemicals and filter media that come into contact with water intended for human consumption 20.

(1)For the purposes

Regulation 4, a water supplier shall ensure that treatment chemicals and filter media that come into contact with water intended for human consumption do not— (a) directly or indirectly compromise the protection

human health as provided for by these Regulations, (b) adversely affect the colour, odour or taste

the water, (

  1. c)unintentionally enhance microbial growth, or (
  2. d)contaminate the water at levels that are higher than necessary in view

the intended purpose.

(2)For the purposes

this Regulation, Article 4

(2)

the Directive shall apply accordingly.

(3)Pursuant to paragraph
(1), and without prejudice to Regulation (EU) No 528/2012

the European Parliament and

the Council

22 May 20127 and by using relevant European standards for specific treatment chemicals or filter media, a water supplier shall ensure that the purity

treatment chemicals and filter media is assessed and the quality

such chemicals and filter media is guaranteed. Access to water intended for human consumption 21.

(1)A water supplier, without prejudice to the principles

subsidiarity and proportionality, whilst taking into account the local, regional and cultural perspectives and circumstances for water distribution, shall take the necessary measures to improve or maintain access to water intended for human consumption for all its customers, in particular for those in vulnerable or marginalised groups.

(2)For the purposes

paragraph

(1), Uisce Éireann, having consulted with the public, the CRU, local authorities and each Minister

the Government concerned, shall— (a) identify people without access, or with limited access, to water intended for human consumption, including vulnerable and marginalised groups, and reasons for such lack

access, (

  1. b)assess possibilities for improving access for such people, (
  2. c)inform such people about possibilities for connecting to the distribution network or about alternative means

having access to water intended for human consumption, and (d) take measures that they consider necessary and appropriate to ensure that there is access to water intended for human consumption for vulnerable and marginalised groups.

(3)In order to promote the use

tap water intended for human consumption, water suppliers, in conjunction with local authorities and appropriate public bodies, shall ensure that outdoor and indoor equipment is set up in public spaces, where technically feasible, in a manner that is proportionate to the need for such measures and taking into account specific local conditions, such as climate and geography.

(4)Water suppliers, local authorities and appropriate public bodies may also take the following measures to promote the use

tap water intended for human consumption: (a) raising awareness

the nearest outdoor or indoor equipment; (b) launching campaigns to inform citizens about the quality

such water; (c) encouraging the provision

such water in public administrations and public buildings; (d) encouraging the provision

such water, for free or for low service fee, for customers in restaurants, canteens and catering services. PART 6 AUTHORISED

FICERS Authorised

ficers 22.

(1)A supervisory authority, may appoint in writing such and so many persons, including members

the staff

the supervisory authority concerned, to be authorised

ficers for the purpose

obtaining, or verifying, any information which may be required in relation to a matter mentioned in these Regulations, and such appointment may be specified to be for a fixed period.

(2)Every authorised

ficer appointed under this Regulation shall be furnished with a warrant

appointment, which shall be issued by the appointing supervisory authority, and shall, when exercising any power conferred on him or her by any

the relevant statutory provisions if requested by a person affected, produce the warrant

appointment or copy

it to that person.

(3)An appointment under this Regulation shall cease— (
  1. a)if the appointing supervisory authority revokes the appointment, (
  2. b)if the appointment is for a fixed period, on the expiry

that period, or (c) if the person appointed is a member

staff

the appointing supervisory authority concerned, when that person ceases to be a member

staff

the supervisory authority.

(4)An authorised

ficer, when exercising any powers conferred on an authorised

ficer by these Regulations, may be accompanied by such other authorised

ficers or members

the Garda Síochána, or both, as he or she considers necessary.

(5)Nothing in paragraph
(4)affects the exercise by an authorised

ficer who is a member

the Garda Síochána

any power, which apart from that paragraph, he or she could exercise by virtue

paragraph

(1)

Regulation 23 or otherwise.

(6)A person who— (a) obstructs or impedes an authorised

ficer in the exercise

a power under Regulation 23, (b) fails to comply with a request or requirement

an authorised

ficer under Regulation 23, (

  1. c)in purported compliance with a request or requirement, mentioned in subparagraph (b), gives information that is false or misleading in a material respect, or (
  2. d)fails, or refuses, to comply with a request or requirement, mentioned in subparagraph (b), commits an

fence. Powers

authorised

ficers 23.

(1)For the purpose

obtaining, or verifying, any information which may be required in relation to a matter mentioned in these Regulations, an authorised

ficer may, on production

an appointment under Regulation 22 authorising him or her to exercise one or more specified powers under paragraph

(2), exercise that power or those powers.
(2)The powers mentioned in paragraph
(1)are the following: (a) to enter, if necessary by reasonable force, and search any place, other than a dwelling, at which any activity in connection with the business

a relevant person, or a person having control

a relevant person, is carried on; (

  1. b)to seize and retain any books, documents or records relating to an activity found at any place referred to in subparagraph (
  2. a)and take any other steps which appear to the

ficer to be necessary for preserving, or preventing interference with, such books, documents or records; (

  1. c)to require any person who carries on an activity referred to in subparagraph (
  2. a)and any person employed in connection therewith to— (
  3. i)give to the authorised

ficer his or her name, home address and occupation, and (ii) provide to the authorised

ficer any books, documents or records relating to that activity which are in that person’s power or control, and to give to the

ficer such information as he or she may reasonably require in regard to any entries in such books, documents or records, and where such books, documents or records are kept in a non-legible form to reproduce them in a legible form; (d) to inspect and take copies

or extracts from any such books, documents or records, including in the case

information in a non-legible form, copies

or extracts from such information in a permanent legible form; (

  1. e)to require a person mentioned in subparagraph (
  2. c)to give to the authorised

ficer any information he or she may require in regard to the persons carrying on the activity referred to in subparagraph (

  1. a)or employed in connection therewith; (
  2. f)to require a person mentioned in subparagraph (
  3. c)to give to the authorised

ficer any other information which the

ficer may reasonably require in regard to the activity referred to in subparagraph (a).

(3)In this Regulation— “records” includes, in addition to records in writing— (a) discs, tapes, sound-tracks or other devices in which information, sounds or signals are embodied so as to be capable (with or without the aid

some other instrument)

being reproduced in legible or audible form, (b) films, tapes or other devices in which visual images are embodied so as to be capable (with or without the aid

some other instrument)

being reproduced in visual form, and (c) photographs, and a reference to a copy

records includes, in the case

records falling within paragraph (a) only, a transcript

the sounds or signals embodied therein, in the case

records falling within paragraph (b), a still reproduction

the images embodied therein and, in the case

records falling within both

those paragraphs, such a transcript and such a still reproduction; “tape” includes— (a) a disc, magnetic tape, soundtrack or other device in which sounds or signals may be embodied for the purpose

being reproduced (with or without the aid

some other instrument) in audible form, and (b) a film, disc, magnetic tape or other device in which visual images may be embodied for the purpose

being reproduced (with or without the aid

some other instrument) in visual form. PART 7 PENALTIES AND PROSECUTIONS Penalties and prosecutions 24.

(1)A person that commits an

fence under Regulation 4

(7), 4
(8), 5
(4), 11
(7), 13
(19), 14
(8), 15
(6), 17
(14), 22
(6), 25
(1), 25
(2), 25
(3)or 27
(2)is liable— (
  1. a)on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (
  2. b)on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or both.
(2)A person that commits an

fence under Regulation 8

(4)is liable, on summary conviction, to a class A fine.
(3)Proceedings in relation to a summary

fence under Regulation 4

(7), 4
(8), 5
(4), 8
(4), 11
(7)or 13
(19)may be brought and prosecuted by a supervisory authority.
(4)In proceedings for an

fence, committed under a Regulation mentioned in paragraph

(1)or
(2), it shall be a defence against whom such proceedings are brought to prove that the person took all reasonable steps and exercised all due diligence to avoid the commission

the

fence.

fences in relation to water 25.

(1)A person that causes— (
  1. a)the pollution, or (
  2. b)the contamination,

a source

a water supply that is intended for human consumption causing the supply

water that is not wholesome or clean or causes a risk to human health, commits an

fence.

(2)A person that fails to address a risk that has been identified, in relation to a water supply that is intended for human consumption, following notification in writing by the relevant supervisory authority to the person concerned, requiring removal or mitigation

the risk, commits an

fence.

(3)A person that causes, or assists in causing, damage to— (a) a source

a water supply that is intended for human consumption, or (b) a public water supply, commits an

fence.

(4)Proceedings in relation to a summary

fence under paragraph

(1),
(2)or
(3)may be brought and prosecuted by the relevant supervisory authority or Uisce Éireann.

fences by bodies corporate 26.

(1)Where an

fence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance

or to be attributable to any neglect on the part

a person being a director, manager, secretary or other similar

ficer

the body corporate, or

a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty

an

fence and is liable to be proceeded against and punished as if that person was guilty

the first-mentioned

fence.

(2)Where the affairs

a body corporate are managed by its members, paragraph

(1)shall apply in relation to the acts and defaults

a member in connection with that member’s functions

management as if that member was a director

the body corporate. PART 8 SUPERVISORY AUTHORITIES Directions

supervisory authorities 27.

(1)A supervisory authority may give such directions as it considers appropriate for the purposes

its functions under these Regulations.

(2)A person that fails to comply with a direction given under paragraph
(1)commits an

fence. Guidelines: practical guidance for water suppliers and supervisory authorities 28.

(1)The EPA shall issue guidelines for the purposes

providing practical guidance– (a) to water suppliers in respect

exempted supplies under Regulation 4, and (b) to the supervisory authorities in respect

performance verification to be undertaken by the EPA under Regulation 30.

(2)The supervisory authorities and water suppliers, as the case may be, shall comply with guidelines issued under paragraph
(1)(b).
(3)Guidelines issued under paragraph
(1)shall be published by the EPA on a website maintained by it. Charges by supervisory authorities 29.
(1)A supervisory authority may charge for monitoring the quality

water supplies intended for human consumption.

(2)A charge made by a supervisory authority by virtue

paragraph

(1)shall be

such amount as the authority considers appropriate, but shall not exceed the cost

such monitoring.

(3)A supervisory authority may recover the amount

any charge made by it under paragraph

(1)as a simple contract debt in any court

competent jurisdiction. Intervention, and performance verification, by supervisory authority 30.

(1)Without prejudice to Regulation 15, having exercised such

its powers under these Regulations as it considers appropriate, and having considered any information furnished to it or otherwise coming into its possession in consequence

that exercise, each supervisory authority shall, with a view to achieving satisfactory compliance

water supplied for human consumption with relevant water quality standards or other parametric values specified in Schedule 1, do one, or both,

the following: (

  1. a)issue such direction to a water supplier, as it considers necessary; (
  2. b)provide, on such terms and conditions as may be agreed, such assistance, or support as the supervisory authority considers, in consultation with the water supplier, would be helpful.

(2)Where a water supplier fails to comply with a direction issued under paragraph
(1)or Regulation 15, the supervisory authority may carry out, cause to be carried out, or arrange for, such action as it considers necessary to ensure compliance with that direction, and the costs

such action may be recovered by the authority from the water supplier concerned as a simple contract debt in any court

competent jurisdiction.

(3)Each supervisory authority shall undertake an audit

water supplies, for which it has supervisory responsibilities, to ensure that the provisions

these Regulations are being complied with by the relevant water supplier.

(4)The frequency and content

the audit provided for in paragraph

(3)shall be in accordance with guidelines prepared by the EPA under Regulation 28. Injunctive relief 31.
(1)Where, on application by a supervisory authority to the High Court, the court is satisfied that a person has failed to comply with a direction or a requirement

, or under, these Regulations, the court may by order— (

  1. a)direct the person to comply with the direction or requirement, and (
  2. b)make such other provision, including provision in relation to the payment

costs, as the court considers appropriate.

(2)An application for an order under this Regulation shall be by motion, and the High Court, when considering the matter, may make such interim or interlocutory order as it considers appropriate.
(3)An application for an order under this Regulation may be made whether or not there has been a prosecution for an

fence under these Regulations in relation to the activity concerned, and shall not prejudice the initiation

a prosecution for an

fence under these Regulations in relation to the activity concerned. PART 9 FINAL PROVISIONS Service

directions 32.

(1)Where a direction is required to be issued to a person under these Regulations, it shall be in writing addressed to the party concerned and given to the party in one

the following ways: (

  1. a)by delivering it to the party concerned; (
  2. b)by leaving it at the address at which the party concerned ordinarily carries on business; (
  3. c)by sending it by pre-paid registered post addressed to the party concerned at the address at which that party ordinarily carries on business; (
  4. d)if an address for the service

directions has been furnished by the party concerned, by leaving it at, or sending it by pre-paid registered post addressed to that party at that address; (e) by sending it by means

electronic mail or a facsimile machine, to a device or facility for the reception

electronic mail or facsimiles located at the address at which the party concerned carries on business or, if an electronic address or facsimile number address for the service

a direction has been furnished by the party concerned, that electronic address or facsimile machine, but only if— (i) the recipient’s facility for the reception

electronic mail generates a message confirming a receipt

the electronic mail, or (ii) the sender’s facsimile machine generates a message confirming successful delivery

the total number

pages

the notice or direction; and it is also given in one

the other ways mentioned in subparagraphs (a) to (d).

(2)For the purpose

this Regulation, a company within the meaning

the Companies Acts, or the Companies Act 2014 , is deemed to be ordinarily resident at its registered

fice, and every corporate body and every unincorporated body

persons is deemed to be ordinarily resident at its principal

fice or place

business. Information Sharing 33. The supervisory authorities, the source protection authorities and the water suppliers shall share such information appropriate to their functions, as may be required and requested, in writing, under these Regulations. Transitional provisions 34.

(1)The parametric values set under Regulation 6 in respect

Bisphenol A, Chlorate, Chlorite, Haloacetic Acids, Microcystin-LR, PFAS Total, Sum

PFAS and Uranium shall not apply in respect

water intended for human consumption up to, and including, 11 January 2026.

(2)Water suppliers shall not be obliged to monitor water intended for human consumption in accordance with Regulation 13 for Bisphenol A, Chlorate, Chlorite, Haloacetic Acids, Microcystin-LR, PFAS Total, Sum

PFAS and Uranium until after the date specified in paragraph

(1).
(3)Directions made, and performance verification measures being undertaken, under the European Union (Drinking Water) Regulations 2014 ( S.I. No. 122

2014 ) shall, notwithstanding the revocation

those Regulations by Regulation 35, continue with full force and effect as if those Regulations had not been revoked.

(4)Notwithstanding the revocation

the European Union (Drinking Water) Regulations 2014 ( S.I. No. 122

2014 ) by Regulation 35, a person appointed to be an authorised person appointed for the purpose

those Regulations shall continue such appointment as if those Regulations had not be revoked, subject to those Regulations. Revocations 35.

(1)Subject to paragraph
(2), the following are revoked: (a) the European Union (Drinking Water) Regulations 2014 ( S.I. No. 122

2014 ); (b) the European Union (Drinking Water)(Amendment) Regulations 2017 ( S.I. No. 464

2017 ); (c) the European Union (Drinking Water) (Amendment) Regulations 2022 ( S.I. No. 286

2022 ).

(2)Any proceedings initiated, or criminal prosecutions instituted, under the Regulations mentioned in paragraph
(1)may be continued as if the revocations under paragraph
(1)had not been made and any order made, or fine or penalty imposed, shall have effect accordingly.
(3)Any directions issued to any person, under the Regulations mentioned in paragraph
(1)shall continue to apply and have full effect as if the revocations under paragraph
(1)had not been made. SCHEDULE 1 Regulations 4
(2), 6
(1)to
(4), 7, 8
(2), 10
(4), 11
(5), 12
(1),
(3)and
(4), 13
(2),
(3)
(5)and
(11)to
(13), 14
(2), 15
(3), 16
(1), 17
(1)to
(5),
(8),
(10)and
(13), 18
(1)and 30
(1)MINIMUM REQUIREMENTS FOR PARAMETRIC VALUES USED TO ASSESS THE QUALITY

WATER INTENDED FOR HUMAN CONSUMPTION TABLE A MICROBIOLOGICAL PARAMETERS Parameter Parametric value Unit Notes Intestinal enterococci 0 number/100 ml Note 1 Escherichia coli (E.coli) 0 number/100 ml Note 1 Note to Table Note 1: For water put into bottles or containers, the unit is number/250 ml. TABLE B CHEMICAL PARAMETERS Parameter Parametric value Unit Notes Acrylamide 0.10 μg/l Note 1 Antimony 10 μg/l Arsenic 10 μg/l Benzene 1.0 μg/l Benzo(a)pyrene 0.010 μg/l Bisphenol A 2.5 μg/l Boron 1.5 mg/l Note 2 Bromate 10 μg/l Cadmium 5.0 μg/l Chlorate 0.25 mg/l Note 3 Chlorite 0.25 mg/l Note 4 Chromium 25 μg/l Note 5 Copper 2.0 mg/l Cyanide 50 μg/l 1,2-dichloroethane 3.0 μg/l Epichlorohydrin 0.10 μg/l Note 6 Fluoride 1.5 mg/l Haloacetic acids (HAAs) 60 μg/l Note 7 Lead 5 μg/l Notes 8 & 9 Mercury 1.0 μg/l Microcystin-LR 1.0 μg/l Note 10 Nickel 20 μg/l Nitrate 50 mg/l Note 11 Nitrite 0.50 mg/l Note 11 Pesticides 0.10 μg/l Notes 12, 13 & 14 Pesticides — Total 0.50 μg/l Note 15 PFAS Total 0.50 μg/l Note 16 Sum

PFAS 0.10 μg/l Note 17 Polycyclic aromatic hydrocarbons 0.10 μg/l Note 18 Selenium 20 μg/l Note 19 Tetrachloroethene and Trichloroethene 10 μg/l Note 20 Trihalomethanes Total 100 μg/l Note 21 Uranium 30 μg/l Vinyl chloride 0.50 μg/l Note 22 Notes to Table Note 1 The parametric value

0.10 μg/l refers to the residual monomer concentration in the water as calculated according to specifications

the maximum release from the corresponding polymer in contact with the water; Note 2 A parametric value

2.4 mg/l shall be applied when desalinated water is the predominant water source

the supply system concerned or in regions where geological conditions could lead to high levels

boron in groundwater; Note 3 A parametric value

0.70 mg/l shall be applied where a disinfection method that generates chlorate, in particular chlorine dioxide, is used for disinfection

water intended for human consumption. Where possible, without compromising disinfection, the water supplier shall strive for a lower value. This parameter shall be measured only if such disinfection methods are used; Note 4 A parametric value

0.70 mg/l shall be applied where a disinfection method that generates chlorite, in particular chlorine dioxide, is used for disinfection

water intended for human consumption. Where possible, without compromising disinfection, the water supplier shall strive for a lower value. This parameter shall be measured only if such disinfection methods are used; Note 5 A parametric value

25 μg/l shall be met, at the latest, by 12 January 2036. The parametric value for chromium until that date shall be 50 μg/l; Note 6 The parametric value

0.10 μg/l refers to the residual monomer concentration in the water as calculated according to specifications

the maximum release from the corresponding polymer in contact with the water; Note 7 This parameter shall be measured only when disinfection methods that can generate HAAs are used for the disinfection

water intended for human consumption. It is the sum

the following five representative substances: monochloro-, dichloro-, and trichloro-acetic acid, and mono- and dibromo-acetic acid; Note 8 The parametric value

5 μg/l shall be met, at the latest, by 12 January 2036. The parametric value for lead until that date shall be 10 μg/l; Note 9 After that date, the parametric value

5μg/l shall be met at least at the point

supply to the domestic distribution system. For the purposes

point (b)

the first subparagraph

Article 11

(2)

the Directive, the parametric value

5 μg/l at the tap shall apply; Note 10 This parameter shall be measured only in the event

potential blooms in source water (increasing cyanobacterial cell density or bloom forming potential); Note 11 A water supplier shall ensure that the condition [nitrate]/50 + [nitrite]/3 < 1, where the square brackets signify the concentrations in mg/l for nitrate (NO3) and nitrite (NO2), is complied with and that the parametric value

0.10 mg/l for nitrites is complied with ex water treatment works; Note 12 ‘Pesticides’ means the following: (

  1. a)organic insecticides; (
  2. b)organic herbicides; (
  3. c)organic fungicides; (
  4. d)organic nematocides; (
  5. e)organic acaricides; (
  6. f)organic algicides; (
  7. g)organic rodenticides; (
  8. h)organic slimicides; (
  9. i)related products (inter alia, growth regulators); and their metabolites as defined in point

(32)

Article 3

Regulation (EC) No 1107/2009

the European Parliament and

the Council

21 October 2009,8 that are considered relevant for water intended for human consumption. A pesticide metabolite shall be deemed relevant for water intended for human consumption if there is a reason to consider that it has intrinsic properties comparable to those

the parent substance in terms

its pesticide target activity or that either itself or its transformation products generate a health risk for consumers. Note 13 The parametric value

0.10 μg/l shall apply to each individual pesticide. In the case

aldrin, dieldrin, heptachlor and heptachlor epoxide, the parametric value shall be 0.030 μg/l; Note 14 The Minister for Agriculture, Food and the Marine shall define a guidance value to manage the presence

non-relevant metabolites

pesticides in water intended for human consumption. Only pesticides which are likely to be present in a given supply need to be monitored. Based on the data reported by the EPA, the European Commission may establish a database

pesticides and their relevant metabolites taking into account their possible presence in water intended for human consumption; Note 15 ‘Pesticides Total’ means the sum

all individual pesticides, as defined in the previous row, detected and quantified in the monitoring procedure; Note 16 ‘PFAS Total’ means the totality

per- and polyfluoroalkyl substances. This parametric value shall only apply once technical guidelines for monitoring this parameter are developed by the European Commission in accordance with Article 13

(7)

the Directive. The EPA may then decide to use either one or both

the parameters ‘PFAS Total’ or ‘Sum

PFAS’; Note 17 ‘Sum

PFAS’ means the sum

per-and polyfluoroalkyl substances considered a concern as regards water intended for human consumption listed in point 3

Part 2

Schedule 3. This is a subset

‘PFAS Total’ substances that contain a perfluoroalkyl moiety with three or more carbons (i.e. –CnF2n-, n > 3) or a perfluoroalky-lether moiety with two or more carbons (i.e. –CnF2nOCmF2m-, n and m > 1); Note 18 Sum

concentrations

the following specified compounds: benzo(b)fluor-anthene, benzo(k)fluoranthene, benzo(ghi)perylene, and indeno(1,2,3-cd)pyr-ene; Note 19 A parametric value

30 μg/l shall be applied for regions where geological conditions could lead to high levels

selenium in groundwater; Note 20 The sum

concentrations

these two parameters; Note 21 Where possible, without compromising disinfection, water suppliers shall strive for a lower parametric value. It is the sum

concentrations

the following specified compounds: chloroform, bromoform, dibromochloromethane and bromodichloromethane; Note 22 The parametric value

0.50 μg/l refers to the residual monomer concentrations in the water as calculated according to specifications

the maximum release from the corresponding polymer in contact with the water; TABLE C INDICATOR PARAMETERS Parameter Parametric value Unit Notes Aluminium 200 μg/l Ammonium 0.50 mg/l Chloride 250 mg/l Note 1 Clostridium perfringens (including spores) 0 number/100 ml Note 2 Colour Acceptable to consumers and no abnormal change Conductivity 2,500 μS cm-1 at 20 °C Note 3 Hydrogen ion concentration ≥ 6.5 and ≤9.5 pH units Note 3 & 4 Iron 200 μg/l Manganese 50 μg/l Odour Acceptable to consumers and no abnormal change Oxidisability 5.0 mg/l O2 Note 5 Sulphate 250 mg/l Note 1 Sodium 200 mg/l Taste Acceptable to consumers and no abnormal change Colony count 22 °C No abnormal change Coliform bacteria 0 number/100 ml Note 6 Total organic carbon (TOC) No abnormal change Note 7 Turbidity Acceptable to consumers and no abnormal change Water should not be aggressive or corrosive. This applies particularly to water undergoing treatment (demineralization, softening, membrane treatment, reverse osmosis, etc.). Where water intended for human consumption is derived from treatment that significantly demineralizes or softens water, calcium and magnesium salts could be added to condition the water in order to reduce any possible negative health impact, as well as to reduce the corrosiveness or aggressivity

water and to improve taste. Minimum concentrations

calcium and magnesium or total dissolved solids in softened or demineralized water could be established taking into account the characteristics

water that enters those processes. Notes to Table Note 1: The water should not be corrosive; Note 2: The parameter shall be measured if the risk assessment indicates that it is appropriate to do so; Note 3: The water should not be aggressive; Note 4: For still water put into bottles or containers, the minimum value may be reduced to 4,5 pH units. For water put into bottles or containers which is naturally rich in or artificially enriched with carbon dioxide, the minimum value may be lower. Note 5: This parameter need not be measured if the parameter TOC is analysed; Note 6: For water put into bottles or containers, the unit is number / 250 ml; Note 7: This parameter need not be measured for supplies

less than 10,000 cubic metres a day. TABLE D PARAMETERS RELEVANT FOR THE RISK ASSESSMENT

DOMESTIC DISTRIBUTION SYSTEMS Parameter Parametric value Unit Notes Legionella < 1000 CFU/1 This parametric value is set for the purposes

Regulations 12 and 17. Actions provided for in those Regulations could be considered even when the value is below the parametric value, e.g. in cases

infections and outbreaks. In such cases, the source

infection should be confirmed and the species

Legionella should be identified. Lead 10 μg/l This parametric value is set for the purposes

Regulations 12 and 17. Water suppliers should use their best endeavours to achieve the lower value

5 μg/l by 12 January 2036. SCHEDULE 2 Regulations 10

(10)and
(13), 11
(4)and 13
(5),
(6),
(13)and
(17)MONITORING PART 1 General objectives and monitoring programmes for water intended for human consumption 1. Monitoring programmes established pursuant to Regulation 13
(13)for water intended for human consumption shall— (a) verify that the measures in place to control risks to human health throughout the water supply chain from the abstraction area through treatment and storage to distribution are working effectively and that water intended for human consumption at the point

compliance is wholesome and clean, (b) provide information on the quality

water supplied for human consumption to demonstrate that the obligations set out in Article 4

the Directive and the parametric values set in accordance with Regulation 6 are being met, and (c) identify the most appropriate means

mitigating the risk to human health. 2. Monitoring programmes established pursuant to Regulation 13

(13)shall include one or a combination

the following: (a) collection and analysis

discrete water samples; (b) measurements recorded by a continuous monitoring process. In addition, monitoring programmes may consist

the following (a) inspections

records

the functionality and maintenance status

equipment; (b) inspections

the abstraction area, and

the treatment, storage and distribution infrastructure, without prejudice to monitoring requirements provided for in Regulation 10

(4)(c) and Regulation 12
(1). 3. Monitoring programmes shall also include an operational monitoring programme that provides rapid insight into operational performance and water quality problems and that allows rapid pre-planned remedial action. Such operational monitoring programmes shall be supply-specific, taking into account the outcomes

the identification

hazards and hazardous events and risk assessment

the supply system, and shall be intended to confirm the effectiveness

all control measures in abstraction, treatment, distribution and storage. The operational monitoring programme shall include the monitoring

the parameter ‘turbidity’ at the water supply plant’ in order to regularly control the efficacy

physical removal by filtration processes, in accordance with the reference values and frequencies indicated in the following table (not applicable for groundwater sources where turbidity is caused by iron and manganese): TABLE Operational parameter Reference value turbidity at the water supply plant 0.3 NTU in 95 %

samples and none to exceed 1 NTU Volume (m3)

water distributed or produced each day within a supply zone Minimum frequency

sampling and analysis ≤ 1,000 Weekly > 1,000 to ≤ 10,000 Daily > 10,000 Continuous The operational monitoring programme shall also include the monitoring

the following parameters in raw water to control the efficacy

the treatment processes against microbiological risks: Operational parameter Reference value Unit Notes Somatic coliphages 50 (for raw water) Plaque Forming Units (PFU)/100ml This parameter shall be measured if the risk assessment indicates that it is appropriate to do so. If it is found in raw water at concentrations > 50 PFU/100 ml, it should be analysed after steps

the treatment train in order to determine log removal by the barriers in the place and to assess whether the risk

a breakthrough

pathogenic viruses is sufficiently under control. 4. The EPA shall ensure that monitoring programmes are reviewed on a continuous basis and updated or confirmed not less than once every 6 years. PART 2 Parameters and sampling frequencies Point 1 - List

parameters Group A: The following parameters (Group A) shall be monitored in accordance with the monitoring frequencies set out in Table

point 2: (

  1. a)Escherichia coli (E. coli), intestinal enterococci, coliform bacteria, colony count 22oC, colour, turbidity, taste, odour, pH and conductivity; (
  2. b)other parameters identified as relevant in the monitoring programme, in accordance with Regulation 6 and, where relevant, through a risk assessment

the supply system as set out in Regulation 11 and Part 3

this Schedule. Under specific circumstances, the following parameters shall be added to the Group A parameters: (

  1. a)ammonium and nitrite, if chloramination is used; (
  2. b)aluminium and iron, if used as water treatment chemicals. Escherichia coli (E.coli) and intestinal enterococci are considered ‘core parameters’ and their monitoring frequencies shall not be the subject

a reduction due to a risk assessment

the supply system in accordance with Regulation 11 and Part 3

this schedule. They shall always be monitored not less than at the frequencies set out in the Table in point 2. Group B: In order to determine compliance with all parametric values set out in these Regulations, all other parameters not analysed under Group A and set in accordance with Regulation 6, except for parameters set out in Table D in Schedule 1, shall be monitored not less than at the frequencies set out in Note 2 to the Table, unless a different sampling frequency is determined on the basis

a risk assessment

the supply system carried out in accordance with Regulation 11 and Part 3

this schedule. Point 2 - Sampling frequencies TABLE Minimum frequency

sampling and analysis for compliance monitoring Volume

water distributed or produced each day within a supply zone (Notes 1 and 2) m3 Group A parameter number

samples per year Group B parameter number

samples per year < 10 > 0 (Note 4) > 0 (Note 4) ≥ 10 ≤ 100 2 1 (Note 5) > 100 ≤ 1,000 4 1 > 1,000 ≤ 10,000 4 for the first 1,000 m3/d + 3 for each additional 1,000 m3/d and part thereof

the total volume (Note 3) 1 for the first 1,000 m3/d + 1 for each additional 4,500 m3/d and part thereof

the total volume (Note 3) > 10,000 ≤ 100,000 3 for first 10,000 m3/d + 1 for each additional 10,000 m3/d and part thereof

the total volume (Note 3) > 100,000 12 for first 100,000 m3/d +1 for each additional 25,000 m3/d and part thereof

the total volume (Note 3) Notes to Table Note 1: A supply zone is geographically defined area within which water intended for human consumption comes from one or more sources and within which the water quality can be considered as being approximately uniform; Note 2: The volumes are calculated as averages taken over a calendar year. The number

inhabitants in a supply zone may be used instead

the volume

water to determine the minimum frequency, assuming water consumption

200 l/ (day*capita); Note 3: The frequency indicated is calculated as follows: e.g. 4,300 m3/d = 16 samples for Group A parameters (four

the first 1,000 m3/d + 12 for additional 3,300 m3/d); Note 4: For water suppliers, where an exemption has not been granted under Regulation 3

(2), the EPA shall lay down the minimum sampling frequency for parameters

Group A and B, provided that core parameters are monitored not less than once per year; Note 5: The EPA may reduce the sampling frequency, provided that all parameters set in accordance with Regulation 6 are monitored not less than once every six years and are monitored in cases where a new water source is integrated into the water supply system or changes to that system, as a result

which a potentially adverse effect on the quality

water is to be expected, are made; PART 3 Risk assessment and risk management

the supply system 1. Based on the outcome

risk assessment

the supply system as referred to in Regulation 11, the list

parameters considered in the monitoring shall be extended and the sampling frequencies set out in Part 2 increased where any

the following conditions is fulfilled: (a) the list

parameters or frequencies set out in this Schedule is not sufficient to fulfil the obligations imposed under Regulation 13

(2); (b) additional monitoring is required for the purposes

Regulation 13

(11); (c) it is necessary to provide the assurances set out in paragraph 1(a)

Part 1

; (d) increasing the sampling frequencies is necessary pursuant to Regulation 10
(10)(a). 2. As a result

a risk assessment

the supply system, the list

parameters considered in the monitoring and the sampling frequencies set out in Part 2 may be reduced provided that the following conditions are met: (a) the location and frequency

sampling is determined in relation to the parameter’s origin, as well as the variability

, and long-term trend regarding, its concentration, taking into account Regulation 7; (b) as regards reducing the minimum sampling

a parameter, the results obtained from samples collected at regular intervals over a period

not less than three years, from sampling points representative

the whole supply zone, are all less than 60 %

the parametric value; (c) as regards removing a parameter from the list

parameters to be monitored, the results obtained from samples collected at regular intervals over a period

not less than three years, from sampling points representative

the whole supply zone, are all less than 30 %

the parametric value; (d) as regards removing a parameter from the list

parameters to be monitored, the decision is based on the outcome

the risk assessment that takes into account the results

monitoring

sources

water intended from human consumption and confirms that human health is protected from the adverse effects

any contamination

water intended for human consumption, as laid down in Article 1

the Directive; (e) as regards reducing the sampling frequency

a parameter or removing a parameter from the list

parameters to be monitored, the risk assessment confirms that no factor that can be reasonably anticipated is likely to cause deterioration

the quality

the water intended for human consumption. Where monitoring results, demonstrating that the conditions set out in points

(2)(b) to
(2)(e) are met, are already available by 12 January 2021, those monitoring results may, from that date, be used to adapt the monitoring following the risk assessment

the supply system. Where adjustments

monitoring have already been implemented following risk assessment

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.