S.L. 449.63 Art. 16Derogations.

(1) In duly justified circumstances, the competent authority may provide for derogations from the parametric values set out in Part B of the Second Schedule, or in accordance with regulation 6(3), up to a maximum value to be determined by it:

Provided that such derogations shall not constitute a potential danger to human health:

Provided further that the supply of water intended for human consumption in the area concerned may not be maintained by any other reasonable means. Such derogations shall be limited to the following:

(a) a new catchment area for the abstraction of water intended for human consumption;

(b) a new source of pollution detected at the catchment area for the abstraction of water intended for human consumption or parameters newly searched for or detected; or

(c) an unforeseen and exceptional situation in an existing catchment area for the abstraction of water intended for human consumption that may lead to temporary limited exceedances of the parametric values:

Provided that the derogations referred to in this sub-regulation shall be limited to as short a period as possible and shall not exceed three (3) years in duration. Towards the end of the period of the derogation, the competent authority shall conduct a review to determine whether sufficient progress has been made.

(2) Any derogation granted in accordance with sub-regulation (1) shall specify the following:

(a) the grounds for the derogation;

(b) the parameter concerned, previous relevant monitoring results, and the maximum permissible parametric value under the derogation;

(c) the geographical area, the quantity of water supplied each day, the population concerned and whether any relevant food business operator would be affected;

(d) an appropriate monitoring scheme, with an increased monitoring frequency where necessary;

(e) a summary of the plan for the necessary remedial action, including a timetable for the work and an estimate of the cost and provisions for reviewing; and

(f) the duration of the derogation.

(3) If the competent authority considers the non-compliance with the parametric value to be trivial, and if action taken in accordance with regulation 15(2) is sufficient to remedy the problem within thirty (30) days, it shall not be required to specify the information provided for in this sub-regulation in the derogation:

Provided that, in that event, only the maximum permissible value for the parameter concerned and the time allowed to remedy the problem shall be set by the competent authorities or other relevant bodies in the derogation.

(4) If there is a failure to comply with any parametric value for a given water supply on more than thirty (30) days on aggregate during the previous twelve (12) months, recourse may no longer be had to sub-regulation (3).

(5) The competent authority which has granted a derogation as provided for in this regulation shall ensure that the population affected by any such derogation is promptly informed in an appropriate manner of that derogation and of the conditions governing it. Moreover, the competent authority assisted by the supporting entity as established in the First Schedule shall, where necessary, ensure that advice is given to particular population groups for which the derogation may present a special risk:

Provided that the obligations referred to in sub-regulation (1) shall not apply in the circumstances described in sub-regulation (3), unless the competent authorities decide otherwise.

(6) This regulation shall not apply to water intended for human consumption put into bottles or containers.