Water (Jersey) Law 1972: Dispensations for water quality parameters granted to Jersey Water

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A decision made on 17 January 2020

Decision Reference: MD-PE-2020-0010
Decision Summary Title :	Dispensations for water quality parameters granted under Article 13(1) of the Water (Jersey) Law 1972 as Amended		Date of Decision Summary:	14 January 2020
Decision Summary Author:	Assistant Private Secretary		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Dispensations for water quality parameters granted under Article 13(1) of the Water (Jersey) Law 1972 as Amended		Date of Written Report:	15 January 2020
Written Report Author:	Acting Director of Environmental Health and Trading Standards		Written Report: Public or Exempt?	Public
Subject: Dispensations for water quality parameters granted under Article 13(1) of the Water (Jersey) Law 1972 as Amended
Decision(s): The Minister granted a dispensation for a water quality parameter (oxadixyl) to Jersey Water under Article 13(1) of the Water (Jersey) Law 1972 as Amended as set out in the recommendation of the attached report. The Minister decided that the application for dispensation of water quality parameters, with conditions, commence from the date the MD is signed for the period 2020 to 2025.
Reason(s) for Decision: The dispensation (with conditions) is necessary in order to maintain and secure the Public Supply of water for domestic purposes. The Minister has consulted with the Minister for Health and Social Services.
Resource Implications: There are no financial or manpower implications arising from this decision.
Action required: As soon as reasonably practical, Officers are to: give public notice in the Jersey Gazette of the terms of the dispensations (Article 18 of the Water (Jersey) Law 1972 as Amended) notify the Minister for Health and Social Services in writing of the terms and conditions of the dispensation (Article 19(2) of the Water (Jersey) Law 1972 as Amended) inform Jersey Water to confirm granting of the dispensations.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Water (Jersey) Law 1972: Dispensations for water quality parameters granted to Jersey Water

Minister for the Environment

Ministerial Decision Report

Dispensations for water quality parameters granted under Article 13(1) of the Water (Jersey) Law 1972 as Amended

Purpose of the Report

The Minister for the Environment (The Minister) is requested to:

Grant the application for dispensation of water quality parameters, with conditions, for the period of five year from the date the MD is signed.

Background

Under Article 12(1) of the Law as Amended, The Jersey New Waterworks Company Limited (Jersey Water) may in writing apply for a dispensation from the requirements of Paragraph 2 of the Schedule of the Law subject to a number of conditions including:

that the dispensation is necessary to maintain a supply of water for domestic purposes;

that a supply of water for those purposes cannot be maintained in the specified areas by any other reasonably practicable means; and

that the supply of water in accordance with the dispensation does not constitute a potential danger to human health.

An application for dispensations from Jersey Water for Oxadixyl (a legacy pesticide which is no longer used) was received, in writing, by The Minister on 14 January 2020.

Under Article 13(1) of the Law as Amended, The Minister may grant an application for dispensation if, but only if, the Minister is satisfied that each of the conditions detailed above is established.

Under Article 19(1) of the Law as Amended, where any human health or public health related issues arise in relation to applications for dispensations, The Minister is required to consult with The Minister for Health and Social Services. This consultation has been undertaken.

Dispensation

The previous Oxadixyl dispensation for water quality was granted from 17 June 2016 to 17 June 2019 [MD-PE-2016-0084]. This set a regulatory limit of 0.3 μg/l maximum allowable concentration in the whole island distribution area.

Jersey water are now requesting that the limit is reduced from the previously granted figure to 0.2 μg/l. This is based on their operational and monitoring data. In addition, based upon the health advice received, it is requested that the calculation for the total pesticides limit of 0.5 μg/l should not include any concentration of Oxadixyl whilst it is within the proposed dispensation limit of 0.2 μg/l.

In practice, Jersey Water will continue to work to comply with the 0.1 μg/l limits wherever practical. However, this will be balanced with the need to manage water resources.

Health implication

As required under Article 19(1), The Minister has consulted on the human or public health related issues arising from the dispensations with the Minister for Health and Social Services.

The Medical Officer of Health has examined the request and recommended to the Minister of Health to support the granting of this request. The Minister of Health communicated that he had no objections on 15 January 2020.

Recommended dispensation

The conditions of the dispensation are prescribed below:

Parameter: Oxadixyl

Maximum allowable concentration: 0.2μg/l

Calculation for the total pesticides limit of 0.5 μg/l will not include any concentration of Oxadixyl whilst it is within the maximum allowable concentration of 0.2 μg/l.

Period of dispensation: xxx 2020 to xxx 2025

Area of supply: Whole Island distribution area

Further Conditions:

Where any exceedence of Oxadixyl above 0.1μg/L occurs in treated water the Company are required to inform the Regulator of the circumstances surrounding that exceedance and any actions taken or to be taken to ensure the concentration of Oxadixyl in treated water does not breach the 0.2μg/L limit. The Company will inform the Regulator of any wider water resource supply and security considerations for the Island that limit their ability to act. Actions may include, but not be limited to, blending with other sources of supply, any available treatment, use of by-passes and dilution through the use of the well fields and/or desalination.

The Company is required to investigate treatment options for Oxadixyl and will provide an update on progress to develop a treatment process, on a quarterly basis in a manner to be agreed with the Regulator. This will include the results of any treatment trials.
The Company shall forward a monitoring plan of its raw water resources to establish and provide an understanding of the behaviour of oxadixyl in local waters over time and to inform any long-term strategy for managing levels of oxadixyl within the company’s raw water sources and consequentially any future need for dispensations. The results of the monitoring program should be forwarded to the Regulator every six months.
In any situation whereby through the management of oxadixyl levels in supply, the Company becomes aware of a risk of breaching another parameter, the Company will consult with the Regulator and the Minister of Health and Social Services.

The Company will keep the regulator informed of the progress and commissioning of the desalination plant, the planned reservoir by passes at Val de la Mare and Queen’s Valley and any other changes to infrastructure (either improvement or breakdown/failure/reservoir shutdown/water resource modelling etc.) that will either improve or lessen the ability of the Company to control levels of Oxadixyl in water supply.
A copy of the treated water quality results will be forwarded to Environmental Health on a frequency to be agreed over the duration of the dispensation period.
The Company will inform the Minister for the Environment of any of its raw water sources that may from time to time require specific safeguard from pollution in order to comply with the terms of this dispensation.

This dispensation can be modified or revoked in accordance with Article 16 of the Law

Recommendation

The Minister grants the application for dispensation of water quality parameters, with conditions, for the period 2020 to 2025 with the exact start date being determined by the date the MD is signed.

Written by: Acting Director of Environmental Health and Trading Standards

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