PRIVATE WATER SUPPLIES STRATEGY FOR IMPROVEMENT A MULTI-AGENCY APPROACH

PRIVATE WATER SUPPLIES STRATEGY FOR IMPROVEMENT A MULTI-AGENCY APPROACH Title: PWS Strategy 1

SECTION 1 - INTRODUCTION The Private Water Supplies (Scotland) Regulations 2006 ( the 2006 Regulations) came into force in July 2006, superseding the Private Water Supplies (Scotland) Regulations 1992, to bring PWS legislation into line with the requirements of European Directive 98/83/EC. The responsibility for the quality of PWS remains with their owners and users, local authorities are responsible for enforcing the legislation, and the DWQR has a statutory duty derived from the Water Industry Act 2002 to supervise local authorities enforcement of water quality legislation. The 2006 regulations provided new categories for PWS. Type A supplies are those which provide 10m 3 or more of water, supply 50 or more persons or supply a public or commercial activity. Type B supplies are all other domestic supplies. In line with the European Directive, the 2006 regulations allowed a degree of risk based decisions to be made by local authorities when sampling Type A supplies. Importantly, the 2006 regulations also introduced the requirement of mandatory risk assessments by local authorities of Type A supplies, the requirement for annual review of risk assessments and the requirement for local authorities to provide assistance to the owners and users of Type B supplies. This risk based approach has generated a great deal of interest from both the European Commission and the World Health Organisation (WHO), particularly as WHO promote Water Safety Plans (WSP), which involve a process of risk assessment and risk management, as the most effective means of ensuring the safety of drinking water supplies. At the same time as the 2006 regulations came into force, a non-means tested grants system was introduced in Scotland. It is administered by local authorities on behalf of Scottish Ministers and contributions of up to 800 are available for all premises served by PWS to make improvements to the PWS; in cases where hardship will be caused by the improvements, local authorities have discretionary powers to award further funding. 6.5 Million pounds have been awarded in grants for PWS improvement since 2006. Enforcement powers for local authorities, which are set out in the Water (Scotland) Act 1980, were amended to take account of the 2006 regulations and a Technical Manual and a website www.privatewatersupplies.gov.uk were launched to give technical and legislative support for local authorities and also owners and users of PWS, and further technical and legislative advice is provided to local authorities by the DWQR. Title: PWS Strategy 2

SECTION 2 - STAKEHOLDERS Area Water quality Provision of drinking water quality legislation Provision of housing legislation Risk assessments, sampling and Environmental Health advice Enforcement of private water supplies legislation Supervision of local authorities water quality enforcement duties Enforcement of environmental protection legislation and guidance Health protection and advice Environmental Health Professional Development Local authority / Scottish Government / DWQR / liaison group Stakeholders Owners and users of private water supplies Scottish Government (Drinking Water Quality Division) Scottish Government (Housing Division) Local authorities (Environmental Health) Local authorities (Environmental Health) Drinking Water Quality Regulator (DWQR) SEPA Forestry Commission Chemicals Regulation Directorate Health Protection Scotland Health Boards Scottish Government The Royal Environmental Health Institute of Scotland (REHIS) REHIS PWS subgroup. Current members: Management of Grants System Data reporting Enforcement of Scottish Water Byelaws 2004 Provision for connection to the public supply Tourism Estate owner and farmer representatives Highland Council (chair) Aberdeenshire Council Argyll and Bute Council Angus Council Moray Council Scottish Borders Council Perth and Kinross Council Local authorities, Scottish Government Local authorities to DWQR DWQR / Scottish Government to DEFRA to Europe Scottish Water Scottish Water, Scottish Government (Water Industry Team) Visit Scotland, Association of Self Caterers Scottish Land and Estates, NFUS SECTION 2 Current Issues Title: PWS Strategy 3

Despite all of these activities, activities and resources given to PWS, compliance with water quality standards, particularly E. coli, an indicator of faecal contamination, remains poor and the risk to health for consumers of these supplies remains of concern. Scotland is not alone in experiencing poor compliance with PWS (internationally referred to as Small Community Supplies), and the DWQR is an active member of WHO s Small Community Supply Management Network and contributes to WHO guidance in this area. In 2012 compliance with the water quality standard for E. coli from type A supplies was 85%, with analysis of historical results for these supplies showing a number that have failed to meet the required standard in successive years. Local authorities report that owners and users of these supplies are reluctant to make improvements, do not understand the risks to health they pose and often it is lack of sufficiency and reliability of supply that prompts action rather than quality. Given the health risks that untreated or poorly treated water supplies can pose, not least of which is E.coli 0157 this level of compliance is unacceptable for Scotland, it s residents, visitors and businesses. To gain a better understanding of the issues of poor compliance with water quality standards and the reasons behind this level of performance, the DWQR hosted a PWS workshop on the 31 st October 2012 to improve awareness to local authorities and health professionals, and to introduce the concept of an Improvement Strategy. Suggestions for improvements to PWS were requested in advance of the workshop, many of which have been incorporated into this draft. The many and varied issues involving PWS are listed below: Title: PWS Strategy 4

ISSUE STAKEHOLDERS ADDITIONAL COMMENTS 1. Local authorities report that PWS are failing because of poorly designed / installed water treatment process and poor quality borehole installations. 2. There are failures of microbiological standards which are thought to be caused by interference of raw water contaminants (e.g. organic colour, iron and manganese) on Ultraviolet disinfection systems. 3. PWS quality is not always considered during food hygiene inspections by all local authorities. 4. Training is needed for Environmental Health professionals. This course should include information on water quality, water treatment, risk assessment and risk management of water supplies and PWS legislation. 5. Risk based water quality legislation, the provision of enforcement powers and the PWS grants system came into force in 2006. There is a need for PWS legislation to be amended in light of the experiences from those using and enforcing the legislation, particularly local authorities. Scottish Government (DWQ), DWQR, SNIFFER, WRAS, local authorities, users of supplies Local authorities, Scottish Water, owners and Scottish Water has an interest in small scale water treatment systems and users colour removal. These need to be considered as alternatives to membranes for small public water supplies. Local authorities, Food Standards Agency in Improved communication between LA teams is needed. Scotland REHIS PWS Subgroup, Health Boards, SEPA VTEC Action Plan 5.8 Local authorities, DWQR, health boards, HPS, To include consideration of:- provision of powers for local authorities for representatives of owners and users of PWS fixed penalty notices for non-compliance of legislation (e.g. Scottish Land and Estates, NFUS). - compulsory registration of PWS by their owners (VTEC and ICT report recommendation) - review and clarification of requirement for local authorities notification of failures to Ministers - simplification of legislation - expansion of current Type A risk assessment and monitoring requirements to include some Type B supplies - inclusion of rented properties in Type A style risk assessment and monitoring schedules - review of enforcement powers available to local authorities - review of powers available to DWQR - review of Building Standards to prevent new build houses being built without a suitable water supply - compulsory maintenance schemes (which are practicable and enforceable) including but not confined to those in receipt of grant funded improvements to PWS - Review of the relevant person definition to give a clearer responsibility for management of PWS - review of need for householders to pay money on improvements to assess possibility of local authorities paying directly to contactors Title: PWS Strategy 5

ISSUE STAKEHOLDERS ADDITIONAL COMMENTS 6. In 2012, 18% of PWS sampled failed the E. coli standard. Compliance has not improved significantly since the PWS regulations came into force in 2006, Scottish Government (Drinking Water Quality), Scottish Government (Health Protection), Local authorities, HPS, NFUS, SLE To include a review of the Scottish Government Information Guide for owners and users of PWS (VTEC Action Plan 5.10(c). 7. Few notices have been served by local authorities despite a requirement to serve notice on Type A supplies which fail or are likely to fail standards. DWQR, local authorities A leaflet produced from DWQR and CPHM highlighting the dangers of contaminated water might be of use message coming from someone else rather than the Council. 8. Data return template not gathering enough information for year on year comparison DWQR, local authorities between properties on PWS. 9. Euratom directive requires transposition into legislation by November 2015 DWQR, local authorities 10. There are currently no agreed performance measures to allow DWQR to report on how DWQR, local authorities well local authorities are carrying out their statutory function. Annual reporting on compliance with standards does not necessarily provide this. 11. There is currently no agreed framework for DWQR to carry out audits of LAs activities to DWQR, local authorities check their compliance with their duties. As above, annual reporting on compliance with standards does not necessarily provide this. 12. Local authorities and owners and users of PWS regularly request information on the Scottish Water, local authorities feasibility of connection of premises on PWS to the public supply. Information on Scottish Water s website is aimed primarily at developers. 13. Local authorities report that many PWS are failing because of poor operation and Local authorities maintenance. 14. Risk management is not a statutory requirement of the risk assessment process. Local authorities, DWQR 15. Local authorities report that many PWS water quality failures are caused by lack of Local authorities management of the supply. Local authorities have adequate powers under the Water (Scotland) Act 1980 to enforce appropriate management of PWS. 16. While the Water (Scotland) Act 1980 gives local authorities powers to require WSP for Local authorities, DWQR PWS, legal advice is that making this explicit would be beneficial for clarity to local authorities for enforcement. Data return needs to differentiate between raw water source and point of use. Need to consider approved contractor scheme similar to Corgi for gas engineers. Only accredited contractor should be accepted for grant work. Need for guidance on definition of responsible person. Title: PWS Strategy 6

ISSUE STAKEHOLDERS ADDITIONAL COMMENTS 17. All public water supplies are required to have Water Safety Plans, which are recommended by the World Health Organisation as the most effective means of consistently ensuring the safety of drinking water supplies, but there are very few PWS with complete WSP. Local authorities, DWQR Consider a requirement to have a Water Safety Plan as a condition of grant. 18. There are a number of premises across Scotland which have a dual supply, ie they have a PWS and also a connection to the public supply. There should be suitable backflow prevention devices in place to ensure that there can be no cross contamination of the public supply. Scottish Water 19. Local authorities have reported that some new build properties have no suitable water supply and are below the tolerable standard. Local authorities Local authorities are consulted at the planning stage but do not receive information on when the supply actually starts serving a house. Local authorities are trying to obtain this information through the planning completion certificate but have not made much progress so far. May also be a need to deal with this issue through the Building Warrant process. 20. The PWS Manual and website were produced in 2006 and need to be reviewed and updated to take account of developments. HPS, Scottish Government (Health protection) To include updates to: - borehole construction - treatment options for small supplies (incl. chemical contaminants, ph and UV) - updated risk assessment templates - additional parameter descriptions and hazards e.g. clostridium perfringens - incident management - advice for local authorities and owners/users of PWS on how to use water quality monitoring equipment, such as chlorine monitors, or colour monitors. - protection of sources, sealing of wells, better clarity on protection of surface water supplies - clear interpretation of sampling requirements for Type A supplies - Guidance from the research project on the effect of raw water quality Title: PWS Strategy 7

on the effectiveness of UV - Improved so that it is easier to search and to update. ISSUE STAKEHOLDERS ADDITIONAL COMMENTS 21. The risk to health from contaminated PWS not fully understood, and local authorities report that some owners and users do not improve their supplies as they do not consider that they could pose a risk to health. HPS, local authorities, DWQR 22. Tourists booking accommodation may be unaware that properties are served by PWS. Visit Scotland, REHIS PWS subgroup, Scottish Government (Health Protection), HPS 23. There is a statutory requirement for Type A premises providing tourist accommodation to display a notice to let visitors know that it is served by a PWS, but the poster is not considered by local authorities or the DWQR to be effective and few premises display the notice. 24. There is currently no legal requirement for landlords to inform tenants in their lease that Scottish Government (DWQ) they are served by a PWS. VTEC Recommendation 5.11(b) 25. There is currently no requirement for house buyers to be made aware if the property they are purchasing is served by a PWS Title: PWS Strategy 8

SECTION 4 STRATEGY Where do we want to be? There is an urgent need for improvement in the quality of private water supplies as previously discussed. The three main objectives which this strategy aims to ensure are: A robust, clear regulatory framework to ensure that Scotland is complying with European obligations. Comprehensive information and advice is available for owners and users of private water supplies and local authorities. Measurable improvements in compliance and reduction of risk to public health An action plan has been set out which aims to deliver these objectives. It is recognised that there will be resource implications resulting from these draft proposals, and these will be evaluated by the Scottish Government once the strategy has been agreed by stakeholders. The Strategy document will be managed by the Scottish Government (Drinking Water Quality Division). A Steering Group will be established to guide and advise the lead agencies, and shall consist of representatives from CoSLA, Health Protection Scotland, DWQR, Scottish Government Health, and REHIS, the group will be chaired by the DWQR. There shall be an annual review of progress with implementation of the actions in this strategy by the Steering Group, and progress with performance measures shall be measured three years after the launch of the Strategy. Title: PWS Strategy 9

SECTION 5 ACTION PLAN REF ACTION LEAD AGENCY TARGET COMPLETION DATE LEGAL, GUIDANCE, GRANTS L1 Scottish Government to review all legislation relating to PWS and prepare a package of amending SG DWQD December 2016 legislation for consultation as appropriate. L2 Scottish Government to develop an agreed set of performance measures for local authorities SG DWQD December 2014 L3 DWQR to develop an agreed Framework for Audit of LAs PWS duties. DWQR March 2016 L4 DWQR to amend data return form and provide guidance in consultation with REHIS PWS Subgroup and DWQR December 2014 investigate possibility of central reporting system akin to FSA system. L5 Scottish Government to provide guidance for local authorities on the use of notices and relevant person SG DWQD September 2014 L6 Scottish Government to write to local authorities to advise that they should make the award of PWS grant SG DWQD March 2015 dependent on the availability of suitable operational instructions and maintenance schedules for all PWS. These should be very simplistic for Type Bs. Local authorities to inspect maintenance records for Type A supplies during annual risk assessment reviews. L7 Scottish Government to produce Information Letter for local authorities to confirm that Section 76G of the SG DWQD September 2014 Water Scotland Act 1980 can be used to require relevant persons to have management plans such as water safety plans for their PWS. L8 Scottish Government to consider amending Section 76G of the Water Scotland Act 1980 to make it explicit SG DWQD December 2016 that it can be used to require relevant persons to have management plans such as water safety plans for their PWS. L9 Scottish Government to promote the use of WSP with local authorities as the most effective manner of SG DWQD December 2014 ensuring the consistent safety of drinking water, in line with guidelines from the World Health Organisation. L10 Scottish Government to consider the creation of a compulsory (electronic) registration scheme for SG DWQD March 2015 properties supplied by a PWS (V Tech 5.11(a)) L11 Scottish Water to set up a risk based programme of byelaws inspections and enforce byelaws as SW December 2014 appropriate. L12 SoCEHOS to determine strategy for resolving the issue of new build properties having no wholesome water SoCEHO (with SG) December 2014 supply. L13 Scottish Government to review effectiveness of current grant scheme (VTech 5.15) SG DWQD December 2014 L14 Scottish Government to develop alternatives to current grant scheme and consult on proposals. This should SG DWQD March 2015 include improved liaison between LAs and Scottish Water on connection to the public water supply. L15 Scottish Water to produce guidance on first time connection to the public supply. SW December 2014 L16 Scottish Government to assess the feasibility of a statutory requirement to ensure that house buyers are Scottish Government (Housing) December 2015 made aware of properties being served by a PWS. Title: PWS Strategy 10

REF ACTION LEAD AGENCY TARGET COMPLETION DATE TECHNICAL T1 REHIS PWS Subgroup to assess the feasibility of having a system of registered water treatment installers REHIS PWS Subgroup December 2014 and borehole drillers. T2 Scottish Government to commission research on the impact of raw water quality on the effectiveness of SG DWQD March 2015 UV disinfection and update the PWS Technical Manual and website with guidance from this research. (V Tech 5.16) T3 PWS subgroup to investigate and report to Scottish Government (DWQ) the feasibility of linking registered REHIS PWS Subgroup March 2015 food premises lack of WSP to non-compliance with the Food Hygiene Information Scheme. T4 SG, the DWQR, The Society of Chief Officers of Environmental Health in Scotland (SoCOEHS)and REHIS to REHIS PWS Subgroup March 2015 review training needs for Environmental Health professionals for their statutory duties relating to PWS and should develop and deliver training as appropriate. (V Tech 5.8) COMMUNICATIONS C1 Scottish Government (Health Protection) and PWS Subgroup to design, commission and manage a targeted SG DWQD March 2015 health based PWS awareness campaign, highlighting the potential risk to health from PWS, the availability of grants and the need for adequate management of supplies by owners and users. ( V Tech 5.10) C2 A PWS Information Pack to be developed and issued by the Scottish Government (DWQ), the DWQR and local SG DWQD March 2015 authorities to all relevant persons and residents of properties on PWS and GPs. To include information sheets with information on sources of supplies and their protection, water treatment and its operation and maintenance, the limitations of water treatment, risk assessment and risk management information, template forms (maintenance tasks and scheduling, water safety plan template, operating instructions for the supply, water quality results for the supply and their significance, contact details for the local authority and others as appropriate (e.g. plumber/engineer who has installed treatment). (V Tech 5.10, 5.13(b)) C3 Scottish Government to liaise with representatives of owners and users of PWS such as Scottish Land and SG DWQD March 2015 Estates and NFUS to help to communicate information on risks to health from PWS and access to grants. C4 Scottish Government) to review and update the PWS Manual and website. ( Including the requirements of SG DWQD December 2015 V tech 5.10 (b)) C5 Scottish Government) to discuss having the provision of a wholesome drinking water supply as a requirement of registration and accreditation with Visit Scotland and Visit Scotland to implement as appropriate. Consider similar for other holiday let web sites. Also consider publishing PWS quality data like Food Hygiene Information Scheme. SG DWQD December 2015 Title: PWS Strategy 11

REF ACTION LEAD AGENCY TARGET COMPLETION DATE C6 PWS Subgroup to produce a more effective notice for the display of notices and SG to amend legislation to REHIS PWS Subgroup (with SG) December 2015 include provision for financial penalties if the notice is not displayed to ensure that consumers can make an informed choice on whether to consume the supply. (V Tech 5.13(a), 5.14). This is especially important for holiday lets. C7 HPS and SG (DWQD)to use epidemiological health data and local authorities water quality monitoring data SG DWQD March 2015 to assess and report on the risk to health from PWS. C8 Scottish Government (Housing) to consider taking steps to ensure that landlords of properties served by a PWS inform tenants of this in their lease and advise tenants of the implications for health. (V Tech 5.11(b)) Scottish Government (Housing December 2015 Title: PWS Strategy 12