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S.L. 449.63 · Water Intended For Human Consumption (S.L. 449.63)

S.L. 449.63 ст. 21Transitional period. for the Water Policy 549. 100) and Water and Water building and responsible for and the entity of of the of the Council harmonised of repealing for the (EU) No Parliament and 2011 laying for the products and 89/106/EEC by the Water 355) by the Water 355) and Water social policy

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(1) By 12th January 2026, the competent authority shall take the measures necessary to ensure that water intended for human consumption complies with the parametric values set out in Part B of the Second Schedule for Bisphenol A, Chlorate, Chlorite, Haloacetic Acids, Microcystin-LR, PFAS Total, Sum of PFAS and Uranium.

(2) Until 12 January 2026, water suppliers shall not be obliged to monitor water intended for human consumption in accordance with regulation 14 for the parameters listed in sub-regulation (1). FIRST SCHEDULE (Regulations 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 18, 19)

LIST OF SUPPORTING ENTITIES

Regulation Number Supporting Entity 5(1)(c) All entities mentioned in regulations 6 to 15 6 (3) The corporation established by the Water Services Corporation Act (Cap. 355) 7 (2) The corporation established by the Water Services Corporation Act (Cap. 355) 7 (3) The corporation established by the Water Services Corporation Act (Cap. 355) 8 (1) (a) The entity responsible for the implementation of the Water Policy Framework Regulations (S.L. 549. 100) 9 (2) The corporation established by the Water Services Corporation Act (Cap. 355), the entity responsible for issuing of permits of water extraction points, the entity responsible for land use, the entity responsible for agriculture, the entity responsible for storm water management, and the entity responsible for the location of registered industries, as well as other entities that the competent authority may indicate from time to time 9 (4) The corporation established by the Water Services Corporation Act (Cap. 355), the entity responsible for issuing of permits of water extraction points, the entity responsible for land use, the entity responsible for agriculture, the entity responsible for storm water management, and the entity responsible for the location of registered industries, as well as other entities that the competent authority may indicate from time to time 9 (5) The entity responsible for the implementation of the Water Policy Framework Regulations (S.L. 549. 100) 9 (7) The entity responsible implementation of the Framework Regulations (S.L. 10 (1) The Regulator for Energy Services 10 (2) The Regulator for Energy Services 12 (1) The entity responsible for construction 12 (3) The entity responsible for building and construction responsible for the implementation Regulation (EU) No 305/2011 European Parliament and of 9 March 2011 laying down conditions for the marketing construction products and Council Directive 89/106/EEC 13 The entity responsible implementation of Regulation 305/2011 of the European of the Council of 9 March down harmonised conditions marketing of construction repealing Council Directive 14 (3) The corporation established Service Corporation Act (Cap. 15 (4) The corporation established Service Corporation Act (Cap. 18 (1) The Regulator for Energy Services 19 (1) (a) The Ministry responsible for 19 (1) (b) The entity responsible implementation of the Framework Regulations (S.L. 19 (1) (e) The corporation established Service Corporation Act (Cap. the Regulator for Energy Services SECOND SCHEDULE (Regulations 4, 5, 6, 7, 9, 10, 11, 14, 15, 16, 19, 21)

MINIMUM REQUIREMENTS FOR PARAMETRIC VALUES USED TO ASSESS THE QUALITY OF WATER INTENDED FOR HUMAN CONSUMPTION

Part A Microbiological parameters

Parametric Unit Notes value 0 number/100 ml For water put into bottles or containers, enterococci the unit is number/ 250 ml. 0 number/100 ml For water put into bottles or containers, coli (E. coli) the unit is number/ 250 ml.

Part B Chemical parameters

Parametric Unit Notes value 0,10 μg/l The parametric value of 0,10 μg/ l refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. 10 μg/l 10 μg/l 1,0 μg/l

Benzo(a)pyrene 0,010 μg/l 2,5 μg/l Boron 1,5 mg/l A parametric value shall be applied when desalinated water predominant water supply system concerned regions where geological conditions may lead levels of boron in Bromate 10 μg/l Cadmium 5,0 μg/l

Chlorate 0,25 mg/l A parametric value shall be applied where disinfection method generates chlorate, chlorine dioxide, disinfection of water for human consumption. possible, without disinfection, Member shall strive for a lower This parameter shall measured only if such disinfection methods Chlorite 0,25 mg/l A parametric value shall be applied where disinfection method generates chlorite, chlorine dioxide, disinfection of water for human consumption. possible, without disinfection, Member shall strive for a lower This parameter shall measured only if such disinfection methods Chromium 25 μg/l The parametric value shall be met, at the 12th January 2036. parametric value for until that date shall Copper 2,0 mg/l Cyanide 50 μg/l 1,2-dichloroethane 3,0 μg/l Epichlorohydrin 0,10 μg/l The parametric value of 0,10 μg/ l refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. 1,5 mg/l acids 60 μg/l This parameter shall be measured only when disinfection methods that may generate HAAs are used for the disinfection of water intended for human consumption. It is the sum of the following five representative substances: monochloro-, dichloro-, and trichloro-acetic acid, and mono-and dibromo-acetic acid. 5 μg/l The parametric value of 5 μg/l shall be met, at the latest, by 12th January 2036. The parametric value for lead until that date shall be 10 μg/l.

After that date, the parametric value of 5 μg/l shall be met at least at the point of supply to the domestic distribution system.

For the purposes of regulation 12(2)(b), the parametric value of 5 μg/l at the tap shall apply.

1,0 μg/ Microcystin-LR 1,0 μg/l This parameter shall be measured only in the event of potential blooms in source water (increasing cyanobacterial cell density or bloom forming potential). Nickel 20 μg/l

Nitrate 50 mg/l Member States shall the condition [nitrate]/50 [nitrite]/3 ≤ 1, where brackets signify the concentrations in nitrate (NO3) and is complied with and parametric value of for nitrites is complied water treatment works. Nitrite 0,50 mg/l Member States shall the condition [nitrate]/50 [nitrite]/3 ≤ 1, where brackets signify the concentrations in nitrate (NO3) and is complied with and parametric value of for nitrites is complied water treatment works. 0,10 μg/l "Pesticides" means:

(a) organic insecticides,

(b) organic herbicides,

(c) organic fungicides,

(d) organic nematocides,

(e) organic acaricides,

(f) organic algicides,

(g) organic rodenticides,

(h) organic slimicides,

(i) related products (inter alia, growth regulators), and their metabolites as defined in Article 3(32) of Regulation

(EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/ 414/EEC, 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 reason to consider that it has intrinsic properties that may be comparable to those of the parent substance in terms of its pesticide target activity or that either itself or its transformation products generate a health risk for consumers. The parametric value shall apply to each pesticide. In the case dieldrin, heptachlor heptachlor epoxide, parametric value shall μg/l.

Member States shall guidance value to presence of non-relevant metabolites of pesticides water intended for consumption. Only which are likely to a given supply shall monitored.

Based on the data Member States, the may establish a database pesticides and their metabolites, taking their possible presence intended for human consumption. Pesticides Total 0,50 μg/l "Pesticides Total" sum of all individual as defined in the previous detected and quantified monitoring procedure. PFAS 0,50 μg/l "PFAS Total" means of per- and polyfluoroalkyl substances. This parametric value shall only apply technical guidelines monitoring this parameter developed in accordance Article 13(7) of the Member States may to use either one or parameters "PFAS "Sum of PFAS". 0,10 μg/l "Sum of PFAS" means the sum of per- and polyfluoroalkyl substances considered a concern as regards water intended for human consumption listed in item 3 of Part B of the Fifth Schedule. This is a subset of "PFAS Total" substances that contain a perfluoroalkyl moiety with three or more carbons (meaning –CnF2n–, n ≥ 3) or a perfluoroalkylether moiety with two or more carbons (meaning – CnF2nOCmF2m–, n and m ≥ 1). aromatic 0,10 μg/l Sum of concentrations of the following specified compounds: benzo(b)fluoranthene, benzo(k)fluoranthene, benzo (ghi)perylene, and indeno(1,2,3-cd)pyrene. 20 μg/l A parametric value of 30 μg/l shall be applied for regions where geological conditions may lead to high levels of selenium in groundwater. Tetrachloroethene and 10 μg/l The sum of concentrations of Trichloroethene these two parameters. Trihalomethanes Total 100 μg/l Where possible, without compromising disinfection, Member States shall strive for a lower parametric value. It is the sum of concentrations of the following specified compounds: chloroform, bromoform, dibromochloromethane and bromodichloromethane. 30 μg/l Vinyl chloride 0,50 μg/l The parametric value l refers to the residual concentration in the calculated according specifications of the release from the corresponding polymer in contact water.

Part C Indicator parameters

Parameter Parametric value Unit Notes Aluminium 200 μg/l

Ammonium 0,50 mg/l Chloride 250 mg/l The water should corrosive. Clostridium 0 number This parameter perfringens including /100 ml measured if the spores assessment indicates is appropriate to Colour Acceptable to consumers and no abnormal change

Conductivity 2 500 μS cm- The water shall 1 at 20 aggressive. °C Hydrogen ion ≥ 6,5 and ≤ 9,5 pH The water should concentration units aggressive. For into bottles or containers, minimum value reduced to 4,5 pH water put into bottles containers which rich in or artificially with carbon dioxide, minimum value Iron 200 μg/l

Manganese 50 μg/l Odour Acceptable to consumers and no abnormal change 5,0 mg/l O This parameter shall not be 2 measured if the parameter TOC is analysed. 250 mg/l The water shall not be corrosive. 200 mg/l Acceptable to consumers and no abnormal change at a No abnormal of 22oC change bacteria 0 number For water put into bottles or /100 ml containers, the unit is number/ 250 ml. carbon No abnormal This parameter shall not be change measured for supplies of less 3 than 10 000 m a day. Acceptable to consumers and no abnormal change be aggressive or corrosive. This applies particularly to water undergoing (demineralization, softening, membrane treatment, reverse osmosis, etc.). intended for human consumption is derived from treatment that demineralizes or softens water, calcium and magnesium salts may be added the water in order to reduce any possible negative health impact, as well as corrosiveness or aggressivity of water and to improve taste. Minimum of calcium and magnesium or total dissolved solids in softened or water may be established taking into account the characteristics of water those processes. Part D Parameters relevant for the risk assessment of domestic distribution systems

Parameter Parametric value Unit Notes Legionella < 1 000 CFU/l This parametric for the purposes regulations 11 Actions provided regulations may considered even value is below value, example infections and such cases, the infection should confirmed and Legionella should identified. The the Control of Regulations (S.L. and the Registration Cooling Towers Evaporative Condensers Regulations (S.L. shall remain applicable. Lead 10 μg/l This parametric for the purposes regulations 11 competent authority use its best endeavours achieve the lower μg/l by 12th January THIRD SCHEDULE (Regulations 9, 10, 14)

MONITORING

Part A General objectives and monitoring programmes for water intended for human consumption

(1) The monitoring programmes established pursuant to regulation 14(2) 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 of compliance is wholesome and clean;

(b) provide information on the quality of water supplied for human consumption to demonstrate that the obligations set out in regulation 5 and the parametric values set in accordance with regulation 6 are being met;

(c) identify the most appropriate means of mitigating the risk to human health.

(2) (a) The monitoring programmes established pursuant to regulation 14(2) shall include one or a combination of the following:

(i) collection and analysis of discrete water samples;

(ii) measurements recorded by a continuous monitoring process.

(b) In addition, monitoring programmes may consist of:

(i) inspections of records of the functionality and maintenance status of equipment;

(ii) inspections of the abstraction area, and of the treatment, storage and distribution infrastructure, without prejudice to monitoring requirements provided for under regulation 9(2)(c) and regulation 11(1)(b).

(3) The 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 of the identification of hazards and hazardous events and the risk assessment of the supply system, and shall be intended to confirm the effectiveness of all control measures in abstraction, treatment, distribution and storage.

The operational monitoring programme shall include the monitoring of the parameter turbidity at the water supply plant in order to regularly control the efficacy of 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):

Operational parameter Reference value Turbidity at the water supply plant 0,3 NTU in 95 % of samples exceed 1 NTU Volume (m3) of water distributed or Minimum frequency of sampling analysis produced each day within a supply zone ≤ 1 000 Weekly > 1 000 to ≤ 10 000 Daily > 10 000 Continuous

The operational monitoring programme shall also include the monitoring of the following parameters in raw water to control the efficacy of the treatment processes against microbiological risks:

Operational Reference Unit Notes parameter value Somatic 50 (for raw Plaque This parameter shall coliphages water) Forming measured if the

Units assessment indicates that (PFU)/100 is appropriate to do so. ml is found in raw water concentrations > 50 PFU/ 100 ml, it should analysed after steps of treatment train in order determine log removal the barriers in place and assess whether the risk breakthrough pathogenic viruses sufficiently under control.

(4) The competent authority shall ensure that the monitoring programmes are reviewed on a continuous basis and updated or confirmed at least every six years.

Part B Parameters and sampling frequencies

(1) List of parameters

Group A

The following parameters shall be monitored in accordance with the monitoring frequencies set out in Table 1 of item 2:

(a) Escherichia coli (E. coli), intestinal enterococci, coliform bacteria, colony count 22 °C, colour, turbidity, taste, odour, pH and conductivity;

(b) other parameters identified as relevant in the monitoring programme, in accordance with regulation 6(3) and, where relevant, through a risk assessment of the supply system as set out in regulation 10 and Part C.

Under specific circumstances, the following parameters shall be added to the Group A parameters:

(a) ammonium and nitrite, if chloramination is used;

(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 of a reduction due to a risk assessment of the supply system in accordance with regulation 10 and Part C. They shall always be monitored at least at the frequencies set out in Table 1 of item 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 in Part D of the Second Schedule, shall be monitored at least at the frequencies set out in Table 1 of item 2, unless a different sampling frequency is determined on the basis of a risk assessment of the supply system carried out in accordance with regulation 10 and Part C.

(2) Sampling frequencies

Table 1. Minimum frequency of sampling and analysis for compliance monitoring

Volume of water distributed or Group A parameter Group B parameter produced each day within a number of samples of samples supply zone (See Notes 1 and per year

2) m3 < 10 > 0 (See Note 4) > 0 (See

≥ 10 ≤ 100 2 1 (See Note > 100 ≤ 1 000 4 1 > 1 000 ≤ 10 000 4 for the first 1 000 1 for the first 1 m3/d + 3 for each for each additional 3 additional 1 000 m /d d and part thereof and part thereof of volume (See > 10 000 ≤ 100 000 the total volume (See 3 for first 10 000

Note 3) each additional and part thereof volume (See > 100 000 12 for first 100 for each additional

3 m /d and part total volume

Note 1: A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and within which the water quality may be considered as being approximately uniform.

Note 2: The volumes are calculated as averages taken over a calendar year. The number of inhabitants in a supply zone may be used instead of the volume of water to determine the minimum frequency, assuming water consumption of 200 l/(day*capita).

Note 3: The frequency indicated is calculated as follows: e.g. 4 3 300 m /d = 16 samples for Group A parameters (4 for the first 1 000 3 3 m /d + 12 for additional 3 300 m /d).

Note 4: For water suppliers, when an exemption has not been granted under regulation 4(3)(b), the competent authority shall lay down the minimum sampling frequency for parameters of Groups A and B, provided that core parameters are monitored at least once per year.

Note 5: The competent authority may reduce the sampling frequency provided that all parameters set in accordance with regulation 6 are monitored at least 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 of which a potentially adverse effect on the quality of water is to be expected, are made. Part C Risk assessment and risk management of the supply system

(1) Based on the outcome of the risk assessment of the supply system as referred to in regulation 10, the list of parameters considered in the monitoring shall be extended and the sampling frequencies set out in Part B shall be increased, where any of the following conditions is fulfilled:

(a) the list of parameters or frequencies set out in this Schedule is not sufficient to fulfil the obligations imposed under regulation 14(1);

(b) additional monitoring is required for the purposes of regulation 14(5);

(c) it is necessary to provide the assurances set out in item 1(a) of Part A;

(d) increasing the sampling frequencies is necessary pursuant to regulation 9(4)(a).

(2) As a result of a risk assessment of the supply system, the list of parameters considered in the monitoring and the sampling frequencies set out in Part B may be reduced provided that all of the following conditions are met:

(a) the location and frequency of sampling is determined in relation to the parameter’s origin, as well as the variability of, and long-term trend regarding its concentration, taking into account regulation 7;

(b) as regards reducing the minimum sampling frequency of a parameter, the results obtained from samples collected at regular intervals over a period of at least three years, from sampling points representative of the whole supply zone, are all less than 60% of the parametric value;

(c) as regards removing a parameter from the list of parameters to be monitored, the results obtained from samples collected at regular intervals over a period of at least three years, from sampling points representative of the whole supply zone, are all less than 30% of the parametric value;

(d) as regards removing a parameter from the list of parameters which shall be monitored, the decision is based on the outcome of the risk assessment that takes into account the results of monitoring of sources of water intended for human consumption and confirms that human health is protected from the adverse effects of any contamination of water intended for human consumption, as laid down in regulation 2(2);

(e) as regards reducing the sampling frequency of a parameter or removing a parameter from the list of parameters to be monitored, the risk assessment confirms that no factor that may be reasonably anticipated is likely to cause deterioration of the quality of the water intended for human consumption.

When monitoring results, demonstrating that the conditions set out in items (2)(b) to (2)(e) are met, are already available by 12th January 2021, those monitoring results may, from that date, be used to adapt the monitoring following the risk assessment of the supply system.

Where adjustments of monitoring have already been implemented following risk assessment of the supply system in accordance, inter alia, with Part C of Annex II of Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption, the competent authority may provide for the possibility to confirm their validity without requiring monitoring in accordance with items 2(b) and 2(c) over a further period of at least three years from points representative of the whole supply zone.

Part D Sampling methods and points

(1) Sampling points shall be determined so as to ensure compliance with regulation 7(1). In the case of a distribution network, the competent authority assisted by the corporation established by the Water Services Corporation Act (Cap. 355) may take samples within the supply zone or at the treatment works for particular parameters if it can be demonstrated that there would be no adverse change to the measured value of the parameters concerned. As far as possible, the number of samples shall be distributed equally in time and location.

(2) Sampling at the point of compliance shall meet the following requirements:

(a) the compliance samples for certain chemical parameters, in particular copper, lead, and nickel, shall be taken at the consumers’ tap without prior flushing. A random daytime sample of one litre volume shall be taken. As an alternative, the competent authority may use fixed stagnation time methods that better reflect the national situation, such as the average weekly intake by consumers, provided that, at the supply zone level, this does not result in fewer cases of non-compliance than using the random daytime method;

(b) the compliance samples for microbiological parameters at the point of compliance shall be taken and handled in accordance with EN ISO 19458, sampling purpose B.

(3) The samples for Legionella in domestic distribution systems shall be taken at risk points for proliferation of Legionella, points representative for systemic exposure to Legionella, or both. The competent authority shall establish guidelines for sampling methods for Legionella.

(4) Sampling in the distribution network, with the exception of sampling at the consumers’ tap, shall be in accordance with ISO 5667-5. For microbiological parameters, samples in the distribution network shall be taken and handled in accordance with EN ISO 19458, sampling purpose A. FOURTH SCHEDULE (Regulation 12)

PRINCIPLES FOR SETTING METHODOLOGIES

Groups of materials