INTRODUCTION RIGHTS OF CONSUMERS. Quality, Safety and Wholesomeness

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1 INTRODUCTION Some services are considered essential in a modern society amongst these a piped water supply. This is best provided on a communal basis, where population and housing density make it economically viable and environmentally sustainable. This booklet encompasses rights in relation to the supply of drinking water and the responsibilities of consumers as part of a community-owned and communityrun group water scheme. By their very nature, group schemes serve the communities in which they are located. The members of that community have a right to expect a service that meets their drinking water needs on a consistent basis and is in conformity with the provisions of Water Services legislation as well as National and EU quality standards. By the same token, the group scheme management committee is entitled to expect that members/consumers will play their part by ensuring the financial viability of the scheme, avoiding water wastage and doing all in their power to prevent pollution of the source. RIGHTS OF CONSUMERS Members of group water schemes have a right to a drinking water supply that meets the standards set down by National and EU regulations. They also have a right to a service which is cost-effective and adequate to their needs and they have a right to transparency in the conduct of their business. In summary, these rights are addressed under several headings: Quality, Safety and Wholesomeness Quality Assurance (HACCP) Cost Membership Supply Quantity and Pressure Information Decision-making Complaints Procedure Quality, Safety and Wholesomeness Consumers have a right to a drinking water supply that complies with all regulatory standards. Quality standards are set for potable water in the Drinking Water Directive 98/83/EC of 3 November This Directive has been transposed into Irish legislation by the Drinking Water Regulations 2007 (S.I. No. 278 of 2007). These Regulations demand stringent control of drinking water supplies on all schemes serving more than 10 cubic metres a day on average or more than 50 persons (15 houses) and on smaller schemes where these serve any commercial or public activity (e.g. a community building or business, such as a B&B, Public House etc. Where breaches of the parameters are detected, the relevant Water Services Authority (County Council) must be informed of the fact and a remediation plan has to be prepared and submitted to them also. Consumers have a right to expect that a full treatment solution will be provided, designed to deal effectively with all the relevant parameters. They have a further right to expect that their scheme will 1

2 choose the most cost-effective means of putting such treatment in place. Quality standards are categorised into those microbiological, chemical and indicator parameters that potentially affect human health, as well as those parameters that impact only on the aesthetic characteristics of the water supply. The principal problem affecting Irish rural water supplies has been the presence of microbiological (including faecal) contamination. The regulatory standards demand the total absence of e-coli and coliform bacteria in drinking water. Where microbiological contamination of the drinking water is indicated by the presence of e-coli or coliform bacteria the supplier must take the following action as appropriate (in addition to contacting their Water Services Authority): If an alternative satisfactory supply is available, this should be used, if necessary by tankering in supplies of potable water for drinking and cooking purposes. Where the contaminated supply is the only option available, all consumers must be notified and informed of the need to boil water prior to human consumption. Action must be taken to remedy the problem and to monitor the supply until the problem is solved. Similarly, where nitrates are shown to exceed 50 mg/l in the supply: The consumers should be notified as to the possible health risks to children and of the need to provide them with an alternative source (e.g. approved bottled water). Action should be taken to reduce levels of nitrates consistently below 50 25mg/l by, for example, source protection, blending with another supply, or seeking an alternative supply. Apart from e-coli, coliform bacteria and nitrates, it is important that suppliers make themselves aware of the other microbiological and chemical contaminants listed in the Drinking Water Regulations that may be injurious to health and that they take appropriate preventative or remedial action in respect of same. For a copy of the regulations, see the Federation website at Consumers have a right to expect drinking water that is inoffensive in relation to visual characteristics, taste and odour. Water not meeting these criteria on a consistent basis cannot be considered satisfactory and remedial action should be planned and implemented in consultation and agreement with the Water Services Authority. Quality Assurance (HACCP) Strict conformity to the standards is required under the Water Services Act (2007). This includes a provision that all drinking water suppliers (water service providers) obtain a licence from their Water Services Authority. In addition to adequately treating a supply, group water schemes are obliged to take steps to address the issue of source protection and to prevent recontamination along the network. A Quality Assurance system, based on HACCP (Hazard Analysis and Critical Control Points) principles, has been developed by the National Federation of Group Water Schemes and schemes are strongly encouraged to avail of training and to begin implementation of this system. In essence, QA provides 2

3 schemes with a framework for identifying, monitoring and recording present and potential hazards as well as a range of standard operational procedures for dealing with hazards, should they arise. Consumers on group water schemes have a right to expect that their management committee/board is taking the required steps towards implementing either this QA system, or an alternative approved system. Cost Members of a group scheme have a right to expect that their scheme is being run along sound business lines which underpin the long-term viability of their service. The ability of a group water scheme to conduct its business effectively depends on sound economic management. Finance will, therefore, be a key consideration for both the management committee and the wider membership. New connection fee In the case of a public supply, the cost of a new connection is determined by the Water Services Authority. In the case of a part-private or privately-sourced group scheme supply, the cost should be decided at an AGM by the membership acting on the advice of their management committee. In most situations this is a standard charge, amended from time to time. An exceptional additional charge may be requested in special circumstances (i.e. where the provision of a connection presents particular difficulties or unusual additional costs, or where the connection is for the purpose of development that will have wider implications for the water service in the area). New connection fees are, by their nature, reserved for capital works on the scheme (e.g. upgrades to network, replacements etc.). Operational charges and subsidy Day-to-day operations are funded partly through a subsidy that is currently available towards domestic provision and partly through charges on members. Schemes are obliged to set charges at a level which secure the needs of the business and should present these for the approval of their members at an AGM. Charging policies should be equitable and be based either wholly or mainly on metered water usage. Necessitous cases The group scheme s management committee/board should always be aware of the possibility of necessitous or hardship cases among their consumers/members. Each such case should be dealt with sympathetically, confidentially and on a case-by-case basis. Organisations such as Money Advice and Budgeting Service (MABS) and Community Welfare Services may be of assistance in these instances. The GWS management should be prepared to operate flexible payment systems where necessary. In exceptional situations, a waiver scheme should be in place. 3

4 Membership Charter of Rights and Responsibilities of Consumers on Group Water Schemes The membership of a GWS is limited to those who receive their supply from that scheme through one or more connections. Members of a group water scheme have a right to be included in the list of shareholders and to participate in the decision-making process, whether through involvement in the management committee/board or through participation at Annual General Meetings and Special General Meetings. Each member is entitled to one share, regardless of how many connections they have. The rights of existing members of a group scheme not to be disconnected must be guaranteed, save only where a serious and continued breach of the scheme s own rules is occurring. With the exceptions outlined below, every premises within the area of supply of a communal piped distribution system is entitled to a supply, particularly as all group water schemes have been supported by State funding towards their establishment and operational costs. There may, however, be exceptional circumstances where a water supply and membership application has to be refused. The basis for such refusal must be clearly stated. In general terms, the following exceptions would apply: Excessive cost: In some cases individual houses or small groups of houses removed from a communal source may be obliged to develop their own individual supply or come together to form a new small communal supply, the second being the preferred option. The County Strategic Rural Water Plans will, in any event, point to the optimum solution in such cases. Location: Water Services Authorities generally seek confirmation of the availability of a potable water supply prior to the granting of planning permission for dwellings. In a communal situation, the citizen must establish whether the local authority or the nearest group scheme is in a position to provide an adequate supply. If they are not, the onus is on the citizen to provide his/her own supply. Shortage: Where a group scheme experiences a shortage of supply and where solving the problems would involve excessive cost, they may choose to refuse to allow any further connections. Such refusal should be supported by adequate documentation, including a report by the scheme s Consulting Engineer. Elevation: Houses adjacent to existing group schemes are sometimes constructed on very elevated sites, or are some distance from the group scheme mains. The GWS may have sufficient quantities of water available, but may have insufficient pressure to serve the dwelling. Booster pumps might be considered appropriate in such cases. Supply: Quantity, pressure and supply interruption Quantity The quantity supplied must be an amount sufficient for reasonable family living. The supply should be available continuously. 4

5 Pressure Charter of Rights and Responsibilities of Consumers on Group Water Schemes In normal circumstances, sufficient pressure should be available to fill attic storage in a two storey house in a reasonable time while operating normal domestic appliances. A pressure of 15 metres (22 psi) is recommended at the stopcock (i.e. connection to the mains). Allowance must be made for the following situations: Pressure Variation: Pressure on some communal lines may vary, especially if pumped directly. Some appliances, e.g. electric showers, may need to be of a particular specification suited to these situations. Booster pumps: These may be used to boost pressure and supply to higher locations on a communal piped supply. High pressure: Where appropriate, the group scheme should be prepared to install pressure reducing valves. All of the above should be undertaken on foot of a full technical assessment and recommendation. Supply interruption Except in an emergency, the consumer has the right to be notified in advance, at least 24 hours, of any abnormality that may occur in regard to any of the following: Interruption of supply due to repairs and maintenance or upgrade. Interruption of supply due to fitting of new connections. Reduction in pressure. Intermittent supply. Information As it is a food product, drinking water differs radically from other utilities, such as electricity, telephone etc. Consumers of water have a special interest in the service and product provided. They are entitled to specific reassurances and availability of all pertinent information on, for example:- Treatment processes. Maintenance and monitoring regimes. Proposed disruptions to supply due to maintenance, etc. The adoption and implementation of the Quality Assurance (HACCP) system. Decision-making As community-based structures, providing an essential service to local householders and businesses, group schemes rely on the goodwill and active involvement of their members. While many schemes were originally structured as trusteeships, increasing numbers are adopting co-operative status. This confers its own rights and responsibilities on members. As shareholders in the co-operative, they have the right and the responsibility to participate in decision-making at an Annual General Meeting and to elect members to serve on the management committee/board. They are entitled to review audited accounts and to vote on all major decisions affecting their business 5

6 including the purchase and disposal of assets, the adoption of a business plan and such other strategic issues as arise. In the period between each AGM, the management committee/board has a right to make operational decisions on behalf of the members. In the event of any major strategic or financial issue having to be addressed, a Special or Emergency General Meeting of the membership may be required. Complaints Procedure Step 1: The first line of communication is between the member and the group water scheme. GWS members have the following rights: to put their complaint in writing to the scheme s management committee/board. to receive a prompt acknowledgement of their complaint. to expect a detailed response in a reasonable timeframe. to be treated with courtesy and respect at all times. [See Specimen Complaint Report Form in Appendix] Step 2: If the issue is not resolved to the member s satisfaction, the following procedure should be followed: Members have a right to put their complaint in writing to the County Rural Water Monitoring Committee, with a view to having the matter dealt with at the next meeting. The RWMC, acting as arbitrator, might invite both the complainant and the GWS to attend a hearing on the matter, on the proviso that both sides accept that the committee s arbitration decision is binding. Conservation The management committee/board has the right to take such measures as are necessary to prevent water wastage. In particular, they have the right to install meters, for the following reasons: a. to monitor supply and demand. b. to detect wastage c. to levy charges where agreed at an AGM Such meters remain the property of the group water scheme and right of access must be allowed. Members also have a right to access their individual meters to monitor usage. Source Protection Members of a group water scheme are entitled to reassurance that everything possible is being done to protect their drinking water source and that their management committee/board is taking such preventative and/or remedial action as appropriate. Spring and groundwater sources of communal water, as well as surface waters, are to be (or may already be) included in an Aquifer Protection Plan of each county. This plan, its aims, objectives and recommendations, should be taken into account, as should bye-laws relating to the protection of drinking water sources. This is an integral part of the QA (HACCP) system. 6

7 RESPONSIBILITIES OF MEMBERS Any person accepting a connection to the water supply from a group water scheme assumes several responsibilities. General As members of a GWS, they must abide by such bye-laws, rules and regulations as have been adopted by their group water scheme at an Annual General Meeting. In the event of any member failing to comply, the management committee/board reserves the right to withhold supply of water and has no liability for any annoyance or damage arising from the withholding of such supply. The committee/board further reserves the right to institute any legal proceedings it may deem necessary in connection with any serious breach of its regulations/bye-laws. Scheme property The pipes, fittings, mainline and other equipment which form the system are the property of the group scheme and cannot be interfered with by any individual without permission of the management committee/board or its duly authorised agent. In particular: Members must not enter without permission or otherwise interfere with boreholes, reservoirs, pumphouses and treatment plants belonging to the GWS Stop valves, chambers and links to the water mains are the property of the GWS and no member has any claim or entitlement to any such equipment. Members must allow reasonable access to the Society s appointed agents to examine fittings, extensions, pipes and equipment. Fittings must comply with the standards laid down by the management committee/board or its agent. Connections and extensions The water supply must not extend beyond the house or farmyard without the provision of a floating ballcock system. The provision of extra connections and the cost of same must be approved by the management committee/board. Applications for temporary connections must be made to the scheme secretary and be approved by the management committee/board. If approval is granted (and the necessary financial provisions having been complied with), the scheme s agent will arrange connection. Any member giving an unauthorised temporary or permanent supply to another will be liable for a fine and or disconnection until the fine is paid and the illegal connection is terminated. A reconnection fee will be charged in all cases. Sale or transfer of property In the event of selling or otherwise transferring a property to which the scheme has provided a water 7

8 connection, the member/shareholder must notify the management committee/board as to whom the relevant charges/shareholding should be transferred. Source Protection Members are individually and collectively responsible for the protection of their scheme s drinking water source and its tributaries. No action should be taken that might damage that source. In particular, septic tanks should be located and be maintained so as not to endanger the source. Commercial properties (such as car washes, fuel depots etc.) must take particular care in relation to the storage and disposal of chemical and organic pollutants. Farmers within the catchment area of a drinking water source must adhere strictly to the Code of Good Farming Practice and pay due regard to the provisions of the Nitrates Directive, Pollution Acts and the Water Framework Directive. At a minimum, and to avoid faecal contamination, cattle must be kept at a safe distance from a drinking water source and farm waste matter (including slurry) must not be spread close to it. Where members witness a potentially damaging action taking place, they have a duty to immediately inform the management committee/board or its agent. Conservation Drinking water is a precious and a vulnerable resource. Members/shareholders have a duty to the environment and to the sustainable management of the scheme. In this context, there is an obligation to use this resource wisely and to avoid wastage. Active participation As community-based and community-owned businesses, group water schemes rely on the active participation of members/shareholders in the process of making decisions and in the overall administration of their scheme. Members should attend AGMs and any special meetings called by their committee and should be prepared to shoulder the responsibilities of scheme management. Members have a collective responsibility to ensure that their group scheme evolves as vibrant and democratic business in which each individual member plays their part. Active participation (GWS Rules etc) Members have a duty to appraise themselves of the Rules & Bye-laws / operating regulations governing their scheme. 8