Water Services National Training Group and

National Federation of Group Water Schemes

7th Annual Rural Water Services Conference

18th September 2008

Rural Water Licensing Guidance and Training

Jerry Cronin and Richard Church

Nicholas O’Dwyer / Entec

Presentation Contents

1. Project Objective2. Background/ Legislation3. Application Process4. Application Form / Assessment5. Overall Assessment6. Conditions7. Project Deliverables

Over Riding Purpose of Rural Water Licensing

Key driver: States response to ECJ Drinking Water Judgement

To ensure that the required water quality standards are achieved

To effect a planned, systematic and sustained improvement to infrastructure capacity along with management and operational standards

Project Objective

To develop guidance and training for the new Rural Water Services Licensing System introduced under the Water Services Act 2007.

Project Team

Procured by: WSNTG Consultants: Nicholas O'Dwyer and Entec Steering Group:

WSNTG DEHLG NFGWS CCMA

Other Consultees EPA Operators of five representative GWSs (site visits) Rural Water Liaison Officers from the five WSAs

Background/ Legislation Water Services Act 2007

The Act provides for the introduction of a licensing system governing the operations of water services providers other than Water Services Authorities or their agents.

Water Services Authority (WSA) is responsible for the overall management and supervision of water services provision by authorised water services providers in its functional area.

Licensing Regulations currently being drafted and being informed by the consultation process associated with this project and in the development of the Guidance Document.

Key Focus Area: Group Water Scheme Sector

European Communities (Drinking Water) Regulations (2007) – S.I. 278 of 2007

EPA have powers to direct a WSA to improve the management or quality of a public water supply.

WSA’s have a similar supervisory role in relation to group water schemes or private supplies.

Exempted Supplies: a supply which –a) (i) constitutes an individual supply of less than 10

m3/day on average or serves fewer than 50 persons, and

(ii) is not supplied as part of a commercial or public activity (e.g. GAA club, Nursing Home), or

b) Is used exclusively for purposes … that the quality of the water has no interference, either directly or indirectly, on the health of the consumers concerned (e.g. car wash system).

Background/ Legislation

Threshold for Licensing

Following the exemption principle applied in S.I. 278 it was decided to employ a similar threshold level for Group Water Schemes (i.e. schemes serving less than 15 residences would be exempt)

Approximately 1,400 Group Schemes will be included in the Licensing System (approx. 400,000 persons), split approx. equally by public and privately sourced schemes

Phasing of Licensing It is proposed that a risk based approach will be used

for the phasing in of the licensing system; and that the EPA Remedial Action List approach is adopted by

the WSAs to identify the priority schemes for licensing (EPA Guidance Doc Booklet No. 3, February 2008)

Priority Remedial Action List ParametersTable A: Microbiological (E. Coli)

Table B: Chemical: Bromate, Trihalomethane, Nitrate

Table C: Indicator: Aluminium, Turbidity

Cryptosporidium – where available

Other relevant parameters: e.g. Arsenic

Phasing of Licensing System

Phasing details are to be set out in Regulations

Further phasing would be based on scheme size with priority given to the larger schemes

Group Scheme Registration System

GWS serving less than 15 residences would be registered

Separate monitoring and inspection procedures.

2007 Act Licensing covered under Part 6, Chapter 2, Sections

78 to 91 Sub-section 78 (2): “Each WSA, for the purpose of

the protection of human health and the environment, is responsible for the supervision, in its functional area, of water services provided by a person other than a WSA”.

Sub-section 79 (1)(a): “On or after such date or dates as may be prescribed, a person shall not –

i. Provide water for human consumption from a tanker, or

ii. Otherwise provide water services except under and in accordance with a water services licence issued under this chapter”.

2007 Act

Sub-section 79 (3): provides for the setting of a threshold below which a licence will not be required

Sub-section 79 (4): “The provision of water services shall, in the period before a licence………is granted or refused, be deemed not to have contravened subsection (1), if – before the date……...an application has been made………”

Sub-section 79 (5): “A person who contravenes subsection (1) or a regulation made………commits an offence”.

2007 Act Section 80: Determination by WSA of an activity to be a

licensable Section 81: WSA may grant/refuse a licence following

consideration of a range of matters Section 82: WSA to be the licensing authority Section 83: Conditions attached to a licence Section 84: Licence review Section 85: Licence revocation Section 86: Consider all submissions and notify all

regarding decision Section 87: Appeals process (district court) Section 88: New Regulations Section 89: Contravention of a condition Section 90: Related licences (e.g. discharge licences) Section 91: Powers to take over O & M on a temporary

basis

Application Process

Pre-Application

WSA to establish RAL for all GWSs within its functional area in accordance with the Licensing Regulations.

Application Process

Stage 1

Stage 2

Stage 3

Stage 1 - Application Submission

Stage 2 – Preliminary Technical Assessment

Stage 3 – Final Assessment

Licence is Issued

Application Form / Assessment

Section 1, 2 and 3 – General Information

Section 1 – About the Applicant Name of GWS Status of the GWS (Co-op, company etc.) Register No.Section 2 – Nominated Contact Details GWS contact person's name, address and

other contact details. Section 3 – Insurance Details Public Liability, Employer’s Liability and Asset

Insurance.

Section 4 – Operational Contracts/ Maintenance and Service Contracts

Details of Contract

Contractor Details

Date of Commencement

Period of Contract

Section 5 – Scheme Source Details

Exempts schemes served from public mains Number of Sources – details to be provided for

each Name and location Type Abstraction Details

Source Capacity Current abstraction details

Source protection Details of treatment process

Section 6 – Treatment Plants

Number of treatment plants – details to be provided for each

Name and location Description of the treatment process Build date Design Capacity Daily throughput Discharge/ Sludge Disposal Bypassing facility Water Quality Control/ Alarms Metering

Section 7 – Distribution System

Details of Distribution Mains (diameter, length, type, age etc.)

Booster/ Pumping stations in network Details of Network Upgrading/ Renewals Service Reservoirs Secondary Disinfection Points Details of Domestic/ Non Domestic Connection Average Day Distribution Input (ADD) Average Day Peak Week (ADPW) Unaccounted for Water (UFW)

WSNTG/NFGWS training course Burst Details/ Problem Areas

Section 8 – Network Water Quality

Details of supply restrictions e.g. Boil Notices, “Do Not Use” notices etc.

Cryptosporidium Risk Assessment

Section 9 and 10 – Scheme Management/ Training

Section 9 – Scheme Governance Details of Scheme Governing Body/ Committee

How appointments are made Annual General Meetings Notification of members/ shareholders

Section 10 – Training Typical details of training undertaken by

management and operational staff courses available from WSNTG regional training

centres

Section 11 and 12 - Financial

Section 11 – Financial Management Details of Financial Accounts Audited/ Certified Accounts

Section 12 – Capital Investment Programme Details of Capital Investment Programme Asset Management Plan

Section 13 – Quality Assurance

QA system National Rural Water Monitoring Committee

System Water Safety Plan O & M plan Drinking Water Incident Response Plan/

Emergency Plan Water Conservation Plan/ UFW Reduction Charter of Rights/ Complaints Procedure and

Feedback.

Section 14 – Maps and Plans

Overview Map (1:10,000 or 1:5,000) Sources Treatment Plants Distribution Network Reservoirs Boosters Secondary Disinfection Points

Treatment Plant – Layout Details Source Protection Maps

Section 15 – Declaration

Certify that information is true Consent to make application available for

inspection Certify that signee is duly authorised by GWS

to sign on its behalf

Overall Assessment

Assessment Process

WSA to consider: Information contained in the Application Form and

Additional Information requested and Submissions received from 3rd parties.

WSA also to have regard to (Sub-Section 81(2)): Relevant Strategic Water Plans GWS resources (Financial, Operational, Management) Other WSAs for cross boundary scheme Alternative supplies Any requests to have GWS taken in charge Water Supply Standards

Drinking Water Quality Levels of Service

Other Matters

Assessment Process

Vast majority of the 1,400 GWS will receive licences.

Where deficiencies are noted – appropriate conditions should be attached

Sub-Section 79 (4) provides for GWS to continue in operation after the new system comes into force, provided an application has been made before the commencement date.

Condition Setting

Licence Conditions

Sub-Section 83(2) requires that conditions relating to water services licensing 'shall' be included in respect of certain categories

Sub-Section 83(3) lists further categories from which conditions 'may' be included for consideration

Standard Conditions Section 83(2)

(a) Measures to ensure against risk to human health and the environment

Example conditions for a licence: comply with drinking water quality standards provide adequate supply, treatment and distribution capacity to

meet forecasts adequate arrangements to ensure essential and adequate

supply at all times have all discharges authorised and regulated for disposal by

appropriate authority ensure adequate measures to prevent contamination of local

environment

Standard Conditions Section 83(2)

(b) Water Supply Standards

Drinking water quality standardsEuropean Communities (Drinking Water) [No.

2] Regulations 2007 (S.I. No. 278 of 2007)

European Communities (Quality of Surface Water Intended for the abstraction of Drinking Water) Regulations 1989. (S.I. No. 294 of 1989)

Standard Conditions Section 83(2)

(c) Standards of Service

Performance standards Defined in strategic resource plans e.g. 15m of head at stop-cock

Customer service Reporting Complaints procedure Annual General Meeting

Standard Conditions Section 83(2)

(d) Monitoring and SupervisionFrequency to meet the Drinking Water

RegulationsAppropriate reporting schedule to WSA

(e) Sampling and Analysis Section Responsibility of GWS but undertaken by

WSA/HSE

(f) Other such matters as may be prescribed

Additional Conditions – Section 83(3)

(a) Scale of Activity

(b) Specification of Households, Areas or Activities

(c) Operational and Management Procedures

(d) Procurement Procedures

Additional Conditions – Section 83(3)

(e) Measures to ensure public safety

Additional Measures - Section 83(3)

(f) Emergency plans

(g) Employers and Public Liability Insurance

(h) Conservation Measures

Additional Measures Section 83(3)

(l) time limits

(m) provisions to facilitate the application of obligations

(n) accounts and annual reports

(o) any other matters as may be prescribed

Project Deliverables

Background Scoping Document Application Forms Guidance Document Courseware Delivery of Training Courses

Water Services National Training Group and

National Federation of Group Water Schemes

7th Annual Rural Water Services Conference

18th September 2008