Water Management
There are provisions for the maintenance of water quality, dealing with public undertaker supply and private water supplies. Offences are provided for breach. The Department may make regulations regarding water standards and wholesomeness. They may specify permitted concentrations and substances. Relaxations and departures may be authorized.
An undertaker must only provide wholesome water for domestic or food production purposes. The undertaker must take measures to preserve water quality, including monitoring, analysis, recording use of processes, standards, procedures, etc. It is an offence to provide water unfit for human consumption.
It is an offence to waste water from a water source. A court order may be obtained to remedy a breach, and the Department of Environment may undertake or authorize work and will cover expenses. It is an offence to pollute water, use for consumption, domestic purposes, or the manufacturing of food and drinks. It is an offence to, whether by act or neglect, for owners or occupiers of premises to waste water, misuse or contaminate water by failing to maintain water fittings.
The Department may specify what fittings may be required or prohibited. The undertaker may serve notices requiring specified steps to avoid misuse, waste, or contamination of the water supply. It may disconnect in an emergency. Where the consumer fails to undertake or where the statutory undertaker may require them, undertake them and recover the expenses.
The undertaker may issue temporary hosepipe bans following notice; breach is an offence.
Where an undertaker cannot provide a wholesome supply or where there is a danger to life or health, it must provide water by other means, including bottled water or other supplies. Before this occurs, the Department must be satisfied there is a danger to health and life and that supplies could be delivered at a reasonable cost. Where the Department so requires, it is liable for charges incurred but may recoup them from owners or occupiers.
The Department must keep itself informed of the wholesomeness and sufficiency of private water supplies. It must maintain a register. Where a private water supply is likely to become unwholesome or insufficient, it may give notice to the relevant persons requiring them to take specified steps.
There is a provision for an appeal, an objection to an Appeals Commission. If a person fails to take the steps, requirements of the notice are a statutory charge on the property.
The Department has power to obtain information on private supplies. Failures to furnish the relevant information are an offence.
The Department has powers to undertake works in relation to private supplies and charge costs.
The Department may appoint inspectors. It may enter a property having followed procedure. Its inspectors may test for the quality and sufficiency of public and private water supplies.
The undertaker has an obligation to comply with the Department of Health’s requirement to fluoridate public water supplies. The Department of Finance must provide an indemnity in respect of the fluoridation arrangements, capital, and operating costs.
An obligation to require fluoridation cannot take place until the Department of Health has ascertained public opinion and has approval by resolution of the Assembly.
There are provisions for the protection of water supply and efficient use. Drought orders may be imposed where there is a serious deficiency in supply. Consultation is required with relevant departments, including the Department of the Environment. Where the Department, where it considers there is a deficiency of supply exists or is threatened, it may make a drought order.
The drought order may authorize persons to take water from specified sources; authorize undertakers to prohibit the use or limit the use of water supply; authorize undertakers to discharge water to specified places; authorize prohibition of taking or limiting the taking of water from specified sources; authorize the Department to suspend, vary, or attach conditions to, any consent specified in legislation.
A drought order must be publicized by the undertaker. It may apply to consumers generally or a class of consumers.
Compensation may be payable in respect of a drought order in certain circumstances. There are procedures for claiming compensation. Drought orders do not affect the right of the undertakers to recover charges or expenses.
The undertakers are responsible generally for the efficient use of water by customers. The Authority may require the undertaker to take actions, meet standards, publicize matters, and provide information to its customers in order to promote efficiency.