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Ordinance Amending the Drinking Water Ordinance
of 21 May 2001
Article 1
ORDINANCE ON THE QUALITY OF WATER INTENDED FOR HUMAN CONSUMPTION
(DRINKING WATER ORDINANCE -
TRINKWASSERVERORDNUNG - TRINKWV 2001)
CHAPTER ONE
GENERAL PROVISIONS
Section 1
Purpose of the Ordinance
The purpose of this Ordinance shall be to protect human health from the adverse ef- fects of any contamination of water intended for human consumption, by ensuring its whole- someness and purity as stipulated in the following provisions.
Section 2
Scope of application
(1) This Ordinance regulates the quality of water intended for human consumption. It 1. natural mineral water as defined in section 2 of the Mineral and Table Water Ordinance of 1 August 1984 (BGBl. I p. 1036), last amended by Article 2 section 1 of the Ordinance of 21 2. medicinal water as defined in section 2 para 1 of the Drug Law.
(2) Installations and water from installations that are intended for the obtention or supply of water that does not have the quality of water intended for human consumption and that are * This Ordinance serves to implement Council Directive 98/83/EC on the quality of water intended for hu-man consumption of 3 November 1998 (OJ EC No. L 330 p. 32).
used in the household in addition to the water supply installations as specified in section 3 no.
2 are only covered by this Ordinance where it explicitly refers to such installations.
Section 3
Definitions
1. “water intended for human consumption” is “drinking water” and “water intended for food- producing establishments”. Specifically, a) “drinking water” is all water, either in its original state or after treatment, that is intended for drinking, cooking, preparation of food and beverages or, in particular, for the further cleaning of objects that are intended to come into contact with food, cleaning of objects that are intended to come into more than temporary contact with the This shall apply irrespective of the water’s origin, its state of aggregation and irrespec- tive of whether or not it is intended for provision through pipelines, in tankers, bottles or b) “water intended for food-producing establishments” is all water, regardless of its origin and state of aggregation, that is used in a food-producing establishment for the manufac- ture, processing, preservation or marketing of products or substances intended for human consumption, as well as for the cleaning of appliances and equipment that, according to their intended purpose, could come into contact with food, if the quality of the water used can affect the wholesomeness of the product in its finished form; a) installations including the related pipeline network from which more than 1000 m3 per year of water intended for human consumption are supplied to subscribers through a fixed b) installations from which not more than 1000 m3 per year of water intended for human consumption are obtained or supplied (small-scale installations), as well as other, non- c) installations of the domestic distribution system, from which water intended for human consumption is supplied to consumers from an installation as specified in letter a or b; the total of the pipework, fittings and appliances that are installed between the point at which the water intended for human consumption leaves the tap and the point where the water is delivered from a water supply installation pursuant to number 2 letter a or b to the the authority designated under Land law for the implementation of this Ordinance and the staff of which includes a public health officer; the authority designated by the Laender on the basis of Land law by means of rule of law.
CHAPTER TWO
QUALITY OF WATER INTENDED FOR HUMAN CONSUMPTION
Section 4
General Requirements
(1) Water intended for human consumption must be free from pathogens, wholesome and clean. This requirement is deemed to be fulfilled if the generally acknowledged technical standards are complied with and the water intended for human consumption meets the re- quirements laid down in sections 5 to 7.
(2) The entrepreneur and any other owner of a water supply installation may not supply water that fails to meet the requirements stipulated in section 5 paras 1 to 3 and section 6 paras 1 and 2 or the derogations permitted under section 9 or section 10 as water intended for human consumption and may not provide it to others.
(3) The entrepreneur and any other owner of a water supply installation may not supply water that fails to meet the requirements stipulated in section 7 as water intended for human consumption nor provide it to others.
Section 5
Microbiological requirements
(1) Water intended for human consumption may not contain pathogens as specified in section 2 no. 1 of the Protection against Infection Act in concentrations that are liable to dam- (2) Water intended for human consumption may not exceed the limit values for micro- biological parameters laid down in Annex 1 Part I.
(3) Water intended for human consumption that is put into bottles or other containers for the purpose of supplying it, may not exceed the limit value for microbiological parameters (4) Where, with respect to any microbial contamination of raw water, the entrepreneur and any other owner of a water supply or water production installation or a person charged by them discover facts that may lead to the emergence of a communicable disease, or assumes that such facts are present, the water must be treated, if necessary including disinfection, ac- cording to the generally acknowledged technical standards. In pipeline networks or part of them, in which the requirements pursuant to para 1 or 2 can only be met through disinfection, the entrepreneur and any other owner of a water supply installation must have available a suf- ficient disinfection capacity using free chlorine or chlorine dioxide.
Section 6
Chemical requirements
(1) Water intended for human consumption may not contain chemical substances in concentrations that are liable to damage human health.
(2) Water intended for human consumption may not exceed the limit values for chemi- cal parameters laid down in Annex 2. The serial no. 4 of Annex 2 Part I shall enter into effect on 1 January 2008. From 1 January 2003 to 31 December 2007 the limit value of 0.025 mg/l shall apply. The serial no. 4 of Annex 2 Part II shall enter into effect on 1 December 2013; from 1 December 2003 to 30 November 2013 the limit value of 0.025 mg/l shall apply; from 1 Janu- ary 2003 to 30 November 2003 the limit value of 0.04 mg/l shall apply.
(3) Concentrations of chemical substances that can contaminate water intended for human consumption or impair its quality, are to be kept as low as reasonably possible accord- ing to the generally acknowledged technical standards considering the circumstances of the Section 7
Indicator parameters
Water intended for human consumption must comply with the limit values and require- ments for indicator parameters as stipulated in Annex 3. Serial nos. 19 and 20 of Annex 3 shall enter into effect on 1 December 2003.
Section 8
Point of compliance
The limit values stipulated according to section 5 para 2 and section 6 para 2 as well as the limit values and requirements stipulated according to section 7 must be complied with 1. regarding water that is provided through pipework on pieces of land or within premises and facilities or in watercraft, aircraft or landcraft, as it emerges from the taps that serve to ob- tain water intended for human consumption, 2. regarding water from tankers at the point at which it emerges from the tanker, 3. regarding water that is put into bottles or other containers and intended for supply, at the 4. regarding water that is used in a food-producing establishment, at the point where the wa- Section 9
Measures in the case of non-compliance with limit values and requirements
(1) If it comes to the knowledge of the health office that water from a water supply in- stallation as specified in section 3 no. 2 letter a, b or c, where it provides water intended for the public according to section 18 para 1, fails to comply with the limit values set in section 5 para 2 or section 6 para 2 or the requirements of section 5 para 1 or section 6 para 1 or fails to ob- serve the limit values and requirements of section 7, it shall decide without delay whether the non-compliance or non-observance is liable to cause a hazard to the human health of the con- sumers concerned and whether the water supply concerned can continue until further notice. In doing so, it shall also consider any hazards to human health that might be caused by inter- rupting the provision or restricting the use of the water intended for human consumption. The health office immediately advises the entrepreneur and any other owner of the water supply in- stallation concerned of its decision and orders the measures necessary to prevent the hazard to human health. In all cases where the cause of non-compliance or non-observance is un- known, the health office orders the corresponding investigation to be performed or performs it (2) Where a hazard to human health is to be feared, the health office shall order that the entrepreneur or any other owner of a water supply installation has to arrange for alternative supply. Where it is not reasonably feasible for the entrepreneur or any other owner of the water supply installation to do so, the health office examines if continuation of the water supply con- cerned can be permitted subject to certain conditions and orders the measures necessary to (3) Where a hazard to human health cannot be ruled out even by means of orders or imposed conditions as stated in para 2, the health office shall order the interruption of the wa- ter supply concerned. The water supply in affected pipeline networks or parts thereof must be immediately interrupted if the water in the pipeline network is contaminated with pathogens ac- cording to section 5 in concentrations that are liable to cause acute damage to human health and there is no possibility of sufficiently disinfecting the contaminated water using chlorine or chlorine dioxide, or if it is contaminated by chemical substances in concentrations that are li- able to cause an acute damage to human health.
(4) In all cases of non-compliance with any of the limit values set according to section 5 para 2 or section 6 para 2 or non-observance of the requirements pursuant to section 5 para 1 or section 6 para 1 or the limit values and requirements of section 7, the health office shall or- der the necessary remedial action to be taken immediately to restore water quality and that pri- ority be awarded to the implementation of these measures. The urgency of the remedial action depends on the extent to which the corresponding limit values have been exceeded and the (5) Where, on examination pursuant to para 1 sentence 1, the health office finds that a derogation poses no risk to the health of the consumers concerned and can be corrected by remedial action pursuant to para 4 within not more than 30 days, it shall stipulate the value for the parameter concerned that will be permissible during this period of time and the time al- lowed to correct the derogations. Sentence 1 does not apply to parameters listed in Annex 1 part I serial Nos. 1 and 2 nor does it apply if the corresponding limit value pursuant to Annex 1 Part I serial no. 3 or pursuant to Annex 2 was already not complied with for a total of more than 30 days during the twelve months preceding the examination.
(6) If, during its examinations pursuant to para 1, the health office finds that the non- compliance with one of the limit values for chemical parameters set pursuant to section 6 para 2 cannot be corrected by remedial action within 30 days, continuation of the water supply for a certain time beyond this period of time does not cause a hazard to human health and the water supply in the area concerned cannot be reasonably maintained by alternative means, it can permit a derogation from the limit value concerned to a degree and for a period of time which are to be fixed by the health office. The period during which the derogation is permissible must be as short as possible and may not exceed three years. In the case of water supply installa- tions within the meaning of section 3 no. 2 letter a, the health office shall inform, by official channels, the Federal Ministry for Health or a body notified by it about the decision made.
(7) Prior to the expiry of the permitted derogation period the health office shall examine whether the derogation concerned has been remedied using appropriate means. If this has not been done, the health office can, with the consent of the competent highest Land authority or a body notified by it, permit the derogation for another maximum period of three years. In the case of water supply installations within the meaning of section 3 no. 2 letter a, the competent highest Land authority shall inform the Federal Ministry for Health or a body notified by it about the reasons underlying the renewed permit.
(8) Under exceptional circumstances, the competent highest Land authority or a body notified by it can, at the request of the health office, inform the Federal Ministry for Health or a body for water supply installations within the meaning of section 3 no. 2 letter a notified by it, not later than five months prior to the expiry of the permitted second derogation period, that the application for a third derogation permit covering not more than three years must be filed with the Commission of the European Communities. In the case of water supply installations within the meaning of section 3 no. 2 letters b and c, the highest Land authority or a body notified by it can permit a third derogation period of not more than three years. The Federal Ministry for Health must be advised thereof within one month.
(9) Paras 6 to 8 apply mutatis mutandis to the permission to derogate from the limit val- ues and requirements pursuant to section 7 subject to the proviso that the health office has to inform the competent highest Land authority about the first and second permits granted and that the consent of the competent highest Land authority is required for the third permit.
(10) The permits pursuant to paras 6 and 7 sentence 2 as well as the corresponding communications to the Federal Ministry for Health and the communications pursuant to para 8 1. the grounds for non-compliance with the corresponding limit value; 3. the geographical area, the water quantity supplied each day, the population concerned and whether or not relevant food-producing establishments are affected; 4. an appropriate monitoring programme, with an increased monitoring frequency, where 5. a summary of the plan for the necessary remedial action including a timetable to the work, an estimate of the costs and provisions for reviewing; 6. the required duration of the derogation and the maximum permissible value of the pa- rameter that is to be the subject of the derogation.
(11) When permitting derogations or restricting the use of water intended for human consumption by a corresponding order, the health office shall ensure that the population con- cerned by the derogation or restriction in use is immediately and appropriately informed by the entrepreneur and any other owner of a water supply installation or the competent authority about these measures and the conditions related thereto and, where appropriate, advised of possible individual-level protective measures. In addition, the health office shall ensure that certain population groups for whom the derogation might spell a particular risk, are so informed and, where appropriate, advised of possible individual-level protective measures.
(12) Paras 1 to 11 do not apply to water intended for human consumption supplied in Section 10
Special derogations for water intended for food-producing establishments
(1) In the case of given food-producing establishments, the competent authority can permit the use of water which does not meet the quality requirements set out in sections 5 to 7 or section 11 para 1, for given purposes provided that it is ensured that use of the water does not impair the food items produced or processed at the establishment to such an extent that their consumption would be liable to damage human health. This goes, in particular, for the production of foodstuffs in agricultural establishments. The competent authority can order that this water is to be subjected to microbiological analysis or analysed for certain substances listed in Annex 2 at certain intervals.
(2) In derogation from para 1, sea water may be used on fishing craft to process the haul and clean the tools, if the fishing craft is not within the area of a port or river including its estuary. The competent authority can, for certain parts of the coastal waters, ban the use of sea water intended for the purposes mentioned in sentence 1, if there is a risk that the fish, shellfish or crustaceans caught will be impaired to such an extent that their consumption can damage human health. For the production of ice, only water of the quality of water intended for (3) In establishments in which foods of animal origin, other than edible fats and oils, are commercially produced or processed or that commercially place these foods on the market, as well as in catering establishments, para 1 applies only to water that serves to feed steam gen- erators or cool condensers in cooling equipment. This shall not affect para 2.
CHAPTER THREE
TREATMENT
Section 11
Treatment agents and disinfection procedures
(1) Only agents that have been published by the Federal Ministry for Health in a list in the Federal Health Gazette (Bundesgesundheitsblatt) may be used for the treatment of water intended for human consumption. The list must, with regard to these agents, contain particu- 2. intended uses, for which they may be exclusively used, 3. the permissible quantity that may be added, 4. maximum permissible levels of residual quantities and reaction products remaining in the Moreover, it contains the minimum levels of free chlorine following completion of treat- ment. The list shall also specify the necessary scope of analysis for the treatment agents; fur- thermore, procedures for disinfection and the conditions of use that ensure the effectiveness of (2) The list referred to in para 1 is kept by the Federal Environmental Agency (Umwelt- bundesamt). Inclusion into the list will only take place if the agents and procedures are suffi- ciently effective and have no avoidable or indefensible impacts on health or the environment.
The list is drafted and updated upon consultation of the Laender, the competent authorities in the area of the Federal Armed Forces (Bundeswehr) and the Federal Railways Office (Eisen- bahnbundesamt) and the interested expert circles and associations. Agents pursuant to para 1 that are lawfully produced and lawfully placed on the market in another member state of the European Community or another signatory to the Treaty on the European Economic Area or that originate in a third country and are lawfully marketed in a member state of the European Community or another signatory to the Treaty on the European Economic Area are included into the list referred to in para 1 if the Federal Environmental Agency has found the agents to have no avoidable or indefensible impacts on health.
(3) The entrepreneur and any other owner of a water supply installation may not supply any water to which treatment agents have been added contrary to para 1 as water intended for human consumption, nor provide it to others.
Section 12
Treatment in special cases
(1) The agents listed in Annex 6 column b shall be considered approved for the pur- poses of treatment if the treatment is commissioned by the Federal Ministry of Defence to meet the demand of the Federal Armed Forces, by the Federal Ministry of the Interior to meet civilian needs in a state of defence, as well as in the case of disaster involving a serious risk to the water supply with the consent of the authorities responsible for civil protection.
(2) The agents referred to in para 1 may only be used for the purpose mentioned in An- nex 6 column d. The treatment agents mentioned in Annex 6 serial no. 1 may only be added as tablets containing the permissible quantities mentioned in column e; the treatment agents re- ferred to in Annex 6 serial no. 3 may only be added in the permissible quantities mentioned in (3) The tablets referred to in para 2 sentence 2 may only be placed on the market if the packages, containers or other tablet wrappings state the following particulars in German lan- guage in a prominent, easily legible and indelible form: 1. the quantity of the dichloroisocyanurate per tablet in milligrammes, 2. the quantity of water in litres that can be disinfected with one tablet, 3. instructions for use that specifically mention the dosage, the time it takes for the agent to take effect prior to consumption of the water and the period within which the disinfected Where tablets are dispensed to consumers from packages, containers or other wrap- pings, the particulars specified in numbers 1 to 3 may also be given on handbills supplied along with them. Handbills need not indicate the manufacturing date.
CHAPTER FOUR
DUTIES OF THE ENTREPRENEUR AND ANY OTHER OWNER OF A WATER SUPPLY INSTALLATION
Section 13
Obligations of notification
(1) Where a water supply installation is to be constructed or commissioned for the first time or recommissioned or where its water-bearing parts are to be altered in structural or tech- nical terms in such a way that this can impact on the quality of water intended for human con- sumption, or where the ownership or right of use of a water supply installation passes to an- other person, the entrepreneur and any other owner of this water supply installation shall notify the health office thereof not less than four weeks beforehand. The technical plans of the water supply installation shall be submitted at the request of the health office; in the case of a struc- tural or technical alteration, only the plans or documents covering the part of the installation affected shall be submitted. If a water production installation is to be commissioned, docu- ments on reserve areas shall be submitted or, in the latter’s absence, on the surroundings of the water catchment installation, if they are relevant for water production. For installations that are already in operation, the corresponding documents shall be submitted at the request of the health office. Where a water supply installation is de-commissioned wholly or in part, the entre- preneur and any other owner of this water supply installation shall notify the health office thereof within a period of three days.
(2) Para 1 shall not apply to water supply installations on board non-commercially used watercraft, aircraft and landcraft. Para 1 shall only apply to the entrepreneur and any other owner of a water supply installation pursuant to section 3 no. 2 letter c, if water intended for the public within the meaning of section 18 para 1 sentence 1 is provided.
(3) The entrepreneur and any other owner of installations that are intended to obtain or supply water that does not have the quality of water intended for human consumption and that are installed in the household in addition to the water supply installations within the meaning of section 3 no. 2, shall notify the competent authority of these installations on commissioning.
Where such installations are already being operated, the notification shall be made immedi- ately. For the rest, para 1 sentences 1, 2 and 5 shall apply mutatis mutandis.
Section 14
Obligations of analysis
(1) The entrepreneur and any other owner of a water supply installation within the meaning of section 3 no. 2 letter a or b shall perform the following analyses of the water or have them performed pursuant to section 15 paras 1 and 2, in order to ensure that the water intended for human consumption complies with the requirements of this Ordinance at the point where the water enters the domestic distribution system: 1. microbiological analyses to ascertain if the limit values set in section 5 para 2 or 3 in con- junction with Annex 1 are being complied with, 2. chemical analyses to ascertain if the limit values set in section 6 para 2 in conjunction with 3. analyses to ascertain if the limit values and requirements set pursuant to section 7 in con- junction with Annex 3 are being complied with, 4. analyses to ascertain if the derogations permitted pursuant to section 9 paras 5 to 9 are 5. analyses to ascertain if the requirements of section 11 are being complied with.
The scope and frequency of the analyses are set out in Annex 4. Moreover, the entre- preneur and any other owner of a water supply installation within the meaning of section 3 no.
2 letter a shall perform analyses or have them performed at least once a year to determine the acid capacity and the levels of calcium, magnesium and potassium pursuant to section 15 para 2, and the entrepreneur and any other owner of a water supply installation pursuant to section 3 no. 2 letter b shall do so at least every three years.
(2) The entrepreneur and any other owner of a water supply installation within the meaning of section 3 no. 2 letter a or b shall regularly perform inspections, or have them per- formed, of the reserve areas that are related to the water supply installation or, in their ab- sence, the surroundings of the water catchment installation, where they are relevant for the production of water intended for human consumption, in order to identify any changes that might impact on the quality of water intended for human consumption. Where this is necessary according to the result of the inspections, analyses of the raw water shall be performed or ar- rangements made for them to be performed.
(3) In addition, the entrepreneur and any other owner of a water supply installation within the meaning of section 3 no. 2 letter a or b shall analyse the water or have it analysed at the special order of the competent authority pursuant to section 9 para 1 sentence 4 or section (4) Para 1 only applies to water supply installations on board watercraft, aircraft and landcraft if these serve commercial purposes. The entrepreneur and any other owner of a wa- ter supply installation on board a watercraft are only obliged to analyse if the latest examination or check by the health office dates back more than twelve months. If the water supply installa- tion on board a commercially used watercraft is temporarily decommissioned, an analysis pur- suant to para 1 no. 1 shall be performed on recommissioning even if the latest examination or check dates back less than twelve months.
(5) Para 1 nos. 2 to 5 does not apply to installations to produce water intended for hu- man consumption from seawater or through distillation or other equivalent procedures on board watercraft that are licensed and checked by the seafarers’ office (See-Berufsgenossenschaft), nor to water supply installations on board watercraft, aircraft or landcraft which obtain water intended for human consumption from water supply installations that are subject to analysis.
(6) The entrepreneur and any other owner of a water supply installation within the meaning of section 3 no. 2 letter c shall analyse the water or have it analysed at the order of the competent authority. The competent authority orders the analysis if it is necessary in the light of the circumstances of the individual case to protect human health or to ensure the im- peccable quality of the water intended for human consumption; in doing so, type, scope and frequency of the analysis shall be stipulated.
Section 15
Methods of analysis and analytical laboratories
(1) In performing the analyses pursuant to section 14 the methods of analysis specified in Annex 5 shall be used. Methods of analysis other than those specified in Annex 5 may be used if the Federal Environmental Agency has generally stated that the results obtained in us- ing them are at least equivalent, within the meaning of the generally acknowledged technical standards, to the results obtained in using the stipulated procedures and after they have been published by the Federal Environmental Agency in a list of alternative methods in the Federal (2) Analyses for the parameters mentioned in Annex 5 nos. 2 and 3 shall be performed using methods that yield sufficiently reliable results and also contain the specified performance characteristics mentioned in Annex 5 nos. 2 and 3.
(3) The entrepreneur and any other owner of a water supply installation shall immedi- ately record the result of each analysis in writing or on data carriers including the particulars pursuant to sentence 2. The sampling point shall be identified by municipality, street, house number and tap, the dates of sampling and analysis of the water sample and the method of analysis. The competent highest Land authority or another agency that is responsible under Land law can order that identical form sheets or EDP procedures be used for the records. The entrepreneur and any other owner of a water supply installation shall send a copy of the record to the health office within a period of two weeks from the date of analysis and retain the original as well as the copy mentioned in section 19 para 3 sentence 2 for not less than ten years from the date of analysis. The entrepreneur and any other owner of a water supply installation on board a watercraft shall, if they are obliged to perform analyses pursuant to sections 14 and 20, immediately send a copy of the records on the analyses to the health office responsible for the port of registry of the watercraft.
(4) The analyses required under section 14 para 1, para 2 sentence 2, para 3 and para 6 sentence 1, section 16 paras 2 and 3, section 19 para 1 sentence 2, para 2 sentence 1, para 6 and para 7 sentence 1 and section 20 paras 1 and 2, including sampling, may only be carried out by analytical laboratories that work to generally acknowledged technical standards, have an internal quality assurance system, successfully participate in external quality assurance pro- grammes at least once a year, have a staff sufficiently qualified for the corresponding activities and have received an accreditation by a body generally recognized for that purpose. The com- petent highest Land authority has to publish a list of the analytical laboratories based in the Land concerned that comply with the requirements pursuant to sentence 1.
(5) A body independent of the analytical laboratories that is designated by the compe- tent highest Land authority shall regularly verify if the prerequisites of para 4 sentence 1 are complied with by the analytical laboratories based in the Land concerned.
Section 16
Special Obligations of Notification and Action
(1) The entrepreneur and any other owner of a water supply installation within the meaning of section 3 no. 2 letter a or b shall notify the health office immediately 1. if the limit values stipulated in section 5 para 2 or section 6 para 2 in conjunction with the 2. if the requirements of section 5 para 1, section 6 para 1 or the limit values and require- ments of section 7 in conjunction with Annex 3 are not being complied with, 3. if limit values of or minimum requirements for parameters which the health office has or- dered to be tested for pursuant to section 20 para 1 no. 4 are not being complied with, 4. if the maximum permissible values stipulated in section 9 para 6 sentence 1 or para 7 sen- tence 2 or para 8 or 9 are being exceeded for the parameters concerned, 5. if they become aware of contaminations of the raw water that may lead to the limit values In addition, they shall immediately notify the health office of any organoleptically per- ceivable alterations of the water as well as extraordinary events in the surroundings of the wa- ter resource or at the water supply installation that may impact on the quality of the water.
From the time of the notification to the decision of the health office pursuant to section 9 on the measures to be taken in the case of non-compliance with limit values or requirements, the supply of water intended for human consumption is considered permitted unless an immediate interruption of the water supply must take place pursuant to section 9 para 3 sentence 2. In or- der to be able to comply with the obligations pursuant to sentences 1 and 2, the entrepreneur and any other owner of a water supply installation ensure by way of contract that the analytical laboratory commissioned by them has to advise them immediately of any derogations from the limit values or requirements stipulated in sections 5 to 7 it has identified.
(2) Where facts pursuant to para 1 sentence 1 are identified or alterations pursuant to para 1 sentence 2 perceived, the entrepreneur and any other owner of a water supply installa- tion within the meaning of section 3 no. 2 letter a or b are obliged to carry out immediate inves- tigations to identify the cause or have them carried out and to take immediate remedial action (3) In the cases where they become aware that facts have been discovered according to which the water in the domestic distribution system is altered in such a way that it does not comply with the requirements of sections 5 to 7, the entrepreneur and any other owner of a water supply installation within the meaning of section 3 no. 2 letter c must, where necessary, carry out immediate investigations to identify the cause or have them carried out and take im- mediate remedial action or to have such action taken and to inform the health office immedi- (4) The entrepreneur and any other owner of a water supply installation within the meaning of section 3 no 2 letter a or b shall, at least weekly, record in writing or on data carri- ers the treatment agents used pursuant to section 11 para 1 sentence 1 and their concentra- tions in the water intended for human consumption. The records shall be kept accessible to the subscribers and consumers during the usual business hours from the date of use of the agents for a period of six months. If the water is supplied to subscribers or consumers the entrepre- neur and any other owner of a water supply installation pursuant to section 3 no 2 letter a or b, shall furthermore, when starting the addition of a treatment agent pursuant to section 11 para 1 sentence 1, immediately publish it and publish all treatment agents used regularly once a year in the local daily newspapers. Sentence 3 does not apply if the subscribers and consumers concerned are immediately notified in writing of the use of the treatment agents.
(5) The entrepreneur and any other owner of a water supply installation within the meaning of section 3 no 2 letter c, who add treatment agents pursuant to section 11 para 1 sentence 1 to the water intended for human consumption, shall inform the consumers immedi- ately about the treatment agents used and their quantities in the water intended for human consumption by putting up or otherwise distributing a written notice.
(6) If the water from a water supply installation within the meaning of section 3 no 2 let- ter a or b is commercially used or supplied to third parties, the entrepreneur and any other owner of this installation have to draft, by 1 April 2003, an action plan pursuant to sentence 2 that takes into account the local circumstances of the water supply. This action plan must 1. how, in the cases where the water supply must be interrupted at once pursuant to section 9 para 3 sentence 2, the changeover to another water supply shall take place and 2. which entities are to be informed when a derogation is detected and who is obliged to The action plan is subject to the approval of the competent health office.
Section 17
Special requirements
(1) For the construction or maintenance of installations for the treatment or distribution of water intended for human consumption only materials may be used that, when coming into contact with water, do not shed any substances in concentrations higher than unavoidable ac- cording to the generally acknowledged technical standards, or directly or indirectly lessen the protection of human health provided for in this Ordinance, or alter the smell or taste of the wa- ter; section 31 of the Act on Foods and Commodities as published on 9 September 1997 (BGBl. I p. 2296) shall not be affected. The requirement of sentence 1 shall be deemed to be fulfilled if the planning, construction and operation of the installations comply at least with the generally acknowledged technical standards.
(2) Water supply installations from which water intended for human consumption is supplied may not be connected with water-bearing parts which carry water or remove water that is not intended for human consumption within the meaning of section 3 no. 1. The entre- preneur and any other owner of a water supply installation within the meaning of section 3 no 2 must colour-code the pipes of different supply systems in a durable way or have them colour- coded during the assembly of these systems. They must durably mark the taps of water that is not intended for human consumption within the meaning of section 3 no. 1 or have them (3) Para 2 does not apply to merchant ships within the meaning of section 1 of the Or- dinance concerning Crew Accommodation on Board Merchant Vessels of 8 February 1973 (BGBl. I p. 66) amended by Article 1 in conjunction with Article 2 of the Ordinance of 23 August CHAPTER FIVE
MONITORING
Section 18
Monitoring by the health office
(1) The health office shall monitor the water supply installations within the meaning of section 3 no. 2 letters a and b as well as those water supply installations pursuant to section 3 no. 2 letter c and installations pursuant to section 13 para 3 from which water intended for the public, especially in schools, kindergartens, hospitals, restaurants and other community facili- ties is supplied, by checking their compliance with the requirements of the Ordinance through corresponding examinations. If the health office becomes aware of complaints over another water supply installation pursuant to section 3 no. 2 letter c or another installation pursuant to section 13 para 3, it can be included in the monitoring if, considering the circumstances of the individual case, doing so is necessary for the protection of human health or to ensure the im- peccable quality of the water intended for human consumption.
(2) Where it is necessary in the framework of monitoring pursuant to para 1, the officers 1. to enter upon land, rooms, facilities as well as watercraft, aircraft and landcraft, in which there are water supply installations, during the usual business hours or office hours, 2. to take samples according to the generally acknowledged technical standards, to inspect the books and other documents and to prepare copies or extracts therefrom, 3. to require the entrepreneur and any other owner of a water supply installation to provide all necessary information, especially on the operation and the operation routines including 4. to prevent impending risks to public safety and order to enter upon the land, rooms and fa- cilities and vehicles specified in number 1 even outside the hours mentioned there and even when they serve residential purposes at the same time. The basic right to the inviola- bility of the home (Article 13 para 1 of the Basic Law) shall be limited in this respect.
The documents pursuant to number 2 include specifically the records on the analyses pursuant to sections 14 and 20, the most recent technical plans of the water supply installation and documents on the related reserve areas or, in their absence, the surroundings of the water catchment installation if they are relevant for water production.
(3) The entrepreneur and any other owner of a water supply installation as well as any other person who possesses actual power over the land, rooms, facilities and vehicles speci- fied in para 2 Nos. 1 and 4 shall be obliged, 1. to support the persons carrying out the monitoring in the execution of their task, specifically to indicate them on request the rooms, facilities and equipment, to open up rooms and containers and to enable them to take samples, 2. to supply the information requested.
(4) The obligated party can refuse to answer questions which, when answered, would expose him/her or one of the relatives specified in section 383 para 1 nos. 1 to 3 of the Ger- man Code of Civil Procedure (Zivilprozessordnung) to the danger of prosecution under criminal law or a lawsuit according to the Act on Administrative Offences (Gesetz über Ordnungswidrig- Section 19
Scope of monitoring
(1) Within the framework of monitoring pursuant to section 18 the health office shall check compliance with the duties incumbent on the entrepreneur and any other owner of a water supply installation on the basis of this Ordinance. The examinations shall also comprise the inspections of the water supply installation including the related reserve areas or, in their absence, the surroundings of the water catchment installation if they are relevant for water production, as well as the sampling of water and analysis of the water samples. The scope of analysis is covered, mutatis mutandis, by section 14 para 1, the method of analysis by section 15 paras 1 and 2, the recording of the analytical results by section 15 para 3 sentences 1 to 3 and the analytical laboratory by section 15 para 4 sentence 1.
(2) Where the health office does not take or analyse water samples pursuant to para 1 sentence 2 itself, it must have it done by a body appointed for that purpose by the competent highest land authority. The health office can instead restrict itself to auditing the records (sec- tion 15 para 3) on the analyses pursuant to section 14, if the entrepreneur and any other owner of a water supply installation had them performed by a body appointed pursuant to sentence 1 that is independent of the water supply enterprise. Water samples from water supply installa- tions on board watercraft, aircraft and landcraft must always be analysed or arrangements be (3) The results of the monitoring are to be taken down in a record. A copy of the record shall be handed to the entrepreneur and any other owner of the water supply installation. The health office shall retain the record for ten years.
(4) The monitoring measures pursuant to para 1 shall be carried out at least once a year; if the monitoring has not given ground for major complaints throughout a period of four years, the health office may allow longer intervals which, however, may not exceed two years, between the monitoring measures. With water supply installations on board watercraft they shall be performed, without detriment to sentence 3, at least once a year, with water supply in- stallations on board water transport boats at least four times a year. In the case of water supply installations on board aircraft and landcraft as well as on board non-commercially used water- craft, the health office determines whether and at what intervals it performs the measures. No advance notice may be given of the measures.
(5) In the case of supply installations within the meaning of section 3 no. 2 letter a, the health office may reduce the number of samples for the parameters mentioned in Annex 4 Part 1. the values from the sampling performed over a period of at least two consecutive years are constantly and considerably better than the limit values and requirements set in Annexes 1 2. it assumes that no circumstances that may have a detrimental impact on the quality of wa- ter intended for human consumption are likely to occur.
The minimum sampling frequency may not be less than that mentioned in Annex 4 part (6) In the case of water supply installations within the meaning of section 3 no. 2 letter b the health office determines which analyses must be done pursuant to section 14 para 1 Nos. 2 to 4 and at what intervals they have to take place, with the intervals not being allowed to ex- (7) In the case of water supply installations pursuant to section 3 no. 2 letter c from which water is provided to the public within the meaning of section 18 para 1, the health office shall, within the framework of monitoring, conduct at least analyses to detect those parameters listed in Annex 2 Part II or arrange for such analyses, which are presumed capable of detri- mentally changing in the domestic distribution system. For implementation purposes, the health office sets up a monitoring programme on the basis of suitable random samples.
Section 20
Orders of the health office
(1) If, in the light of the circumstances of the individual instance, it is necessary for the protection of human health or for ensuring the impeccable quality of water intended for human consumption, the health office can order that the entrepreneur and any other owner of a water 1. take the samples to be analysed at certain points and at certain times or have them taken 2. perform immediately certain analyses outside the regular analyses or have them per- 3. perform the analyses pursuant to section 14 paras 1 to 4 and para 6 or have them per- a) at intervals shorter than those mentioned in this provision, 4. extend the analyses or have them extended to ascertain, a) whether micro-organisms other than those mentioned in Annex 1, particularly Salmonella spec., Pseudomonas aeruginosa, Legionella spec., Campylobacter spec., enteropatho- genic E. coli, Cryptosporidium parvum, Giardia lamblia, Coliphages or enteropathogenic vi- ruses are contained in the water in concentrations, b) whether parameters other than those mentioned in Annexes 2 and 3 are contained in con- that are liable to cause damage to human health, 5. take measures that are necessary to eliminate a contamination suggested by limit values in excess of those set pursuant to section 5 para 2 and section 6 para 2 in conjunction with the Annexes 1 and 2, non-compliance with the limit values and requirements set pursuant to section 7 in conjunction with Annex 3 and section 11 para 1 sentence 1 or another cir- cumstance and to prevent future contaminations.
(2) If water intended for human consumption is supplied from a water supply installation to other water supply installations, the health office can regulate which entrepreneur or other owner has to perform the analyses pursuant to section 14 or have them performed.
(3) If facts become known according to which non-compliance with the limit values or requirements set in sections 5 to 7 is due to the domestic distribution system or its poor main- tenance, the health office can order that 1. suitable measures are to be taken to eliminate or reduce any possible hazards to health that might result from the non-compliance and 2. to appropriately inform and advise the consumers of any additional remedial action or re- strictions to the use of the water they should perform.
For the purposes of sentence 1 the health office shall advise the entrepreneur and any other owner of the installation of the domestic distribution system of possible remedial action and can order it, if necessary; the health office can furthermore order that, pending the correc- tion of the non-compliance, additional measures, such as use of suitable treatment techniques, are taken that are necessary for consumer protection.
Section 21
Information of consumers and obligations to report
(1) The entrepreneur and any other owner of a water supply installation within the meaning of section 3 no. 2 letter a or b have to inform the consumers by means of suitable and current information material about the quality of the water intended for human consumption provided to them on the basis of the analysis results pursuant to section 14. This includes par- ticulars about the treatment agents used and data that are necessary for the selection of ap- propriate materials for the domestic distribution system according to the generally acknowl- edged technical standards. The entrepreneur and the other owner of a water supply installation within the meaning of section 3 no. 2 letter c have to make all consumers aware, in an appro- priate way, of the information they have received pursuant to sentence 1.
(2) The health office transmits, by 15 March for the past calendar year, to the compe- tent highest Land authority or the body notified by it the data on the quality of water intended for human consumption required pursuant to para 3 from water supply installations within the meaning of section 3 no. 2 letter a. The competent highest Land authority can stipulate that the data be transmitted on data carriers or by another electronic means and that the data trans- mitted be compatible with the interface stipulated by it. The competent highest Land authority transmits its report to the Federal Ministry for Health by 15 April.
(3) Reports pursuant to para 2 shall be made using the format to be established by the Commission of the European Communities pursuant to Article 13 para 4 of Council Directive 98/83/EC of 3 November 1998 on the Quality of Water intended for Human Consumption in- cluding the minimum information detailed therein. The format will be published by the Federal Ministry for Health in the Federal Health Gazette.
CHAPTER SIX
SPECIAL PROVISIONS
Section 22
Tasks of the Federal Armed Forces
In the sphere of responsibility of the Federal Armed Forces and in the sphere of re- sponsibility of the troops stationed in the Federal Republic of Germany on the strength of trea- ties under international law, the enforcement of this Ordinance shall be incumbent on the com- petent agencies of the Federal Armed Forces.
Section 23
Tasks of the Federal Railways Office
In the sphere of responsibility of the German Federal Railways, the enforcement of this Ordinance with respect to water supply installations in track vehicles as well as fixed installa- tions used exclusively for supplying water to passenger trains shall be incumbent on the Fed- CHAPTER SEVEN
CRIMINAL OFFENCES AND ADMINISTRATIVE OFFENCES
Section 24
Criminal offences
(1) Pursuant to section 75 paras 2, 4 of the Protection against Infection Act, any person who, as an entrepreneur or other owner of a water supply installation within the meaning of section 3 no. 2 letter a or b or letter c, if water intended for the public within the meaning of section 18 para 1 sentence 1 is provided therefrom, wilfully or by negligence supplies or pro- vides to others water as water intended for human consumption contrary to section 4 para 2 or section 11 para 3, shall be punished.
(2) Any person who, through wilful action as specified in section 25, spreads a disease mentioned in section 6 para 1 no. 1 of the Protection against Infection Act or a pathogen men- tioned in section 7 of the Protection against Infection Act, shall be liable to prosecution pursu- ant to section 74 of the Protection against Infection Act.
Section 25
Administrative offences
An administrative offence within the meaning of section 73 para 1 no. 24 of the Protec- tion against Infection Act shall be deemed to be committed by anyone who wilfully or by negli- 1. contrary to section 5 para 4 sentence 2 does not have available a sufficient disinfection ca- 2. contravenes an enforceable order pursuant to section 9 para 1 sentence 4 or para 4 sen- tence 1, section 14 para 6 sentence 2 or section 20 para 1 or 3 sentence 2, 3. contrary to section 13 para 1 sentence 1 or 5, each also in conjunction with para 3 sen- tence 3, or section 16 para 1, sentence 1 or 2 fails to make a notification or fails to do so 4. contrary to section 14 para 1 fails to perform an analysis or fails to perform it correctly, in full or in the manner prescribed and fails to have it performed at all, correctly, in full or in 5. contrary to section 15 para 3 sentence 1 fails to record the analysis result or fails to do so correctly, in full, in the manner prescribed or in time, 6. contrary to section 15 para 3 sentence 4 or 5 fails to submit a copy or fails to do so in time or fails to keep the original or a copy mentioned there or fails to keep it for not less than ten 7. contrary to section 15 para 4 sentence 1 performs an analysis, 8. contrary to section 16 para 2 fails to perform an analysis or an emergency measure or fails to do so in time and fails to have it performed or fails to have it performed in time, 9. contrary to section 16 para 4 sentence 1 or 2 fails to draw up a record or fails to do so cor- rectly, in full, in the manner prescribed or in time or fails keep it available or fails to keep it 10. contrary to section 16 para 4 sentence 3 or para 5 fails to make public a treatment agent or its quantities in the water or fails to do so correctly, in full, in the manner prescribed or in 11. contrary to section 16 para 6 sentence 1 fails to draw up an action plan or fails to do so cor- 12. contrary to section 17 para 2 sentence 1 connects a water supply installation with a water- 13. contrary to section 17 para 2 sentence 2 or 3 fails to mark a pipe or tap or fails to do so 14. contrary to section 18 para 3 fails to support a person or fails to furnish a piece of informa- tion or fails to do so correctly, in ful or in time.
CHAPTER EIGHT
TRANSITORY AND FINAL PROVISIONS
Section 26
Transitory and Final Provisions
(1) If, prior to the entry into force of this Ordinance, the entrepreneur and any other owner of a water supply installation have performed analyses of the water intended for human consumption that are comparable to those laid down in this Ordinance or had them performed, the health office may, in calculating the period of time mentioned in section 19 para 5, consider a period of two years preceding this Ordinance.
(2) If, prior to the entry into force of this Ordinance, the health office has performed analyses within the framework of the surveillance which are comparable to those of this Ordi- nance, a period of time preceding this Ordinance can be taken into account in calculating the periods mentioned in section 19 para 4.
Article Two
Section 1
Amendment of the Mineral and Table Waters Ordinance
Section 2
Amendment of the Food Hygiene Ordinance
Article Three
This Ordinance enters into force on 1 January 2003. At the same time, the Drinking Water Ordinance in the version published on 5 December 1990 (BGBl. I. p. 2612, 1991 I p.
227), last amended by Article 2 of the Ordinance of 14 December 2000 (BGBl. I. p. 1728), shall THE FEDERAL MINISTER FOR CONSUMER PROTECTION, FOOD AND AGRICULTURE, General requirements for water intended for human consumption
Serial No.
Parameter
Limit Value
(number/100ml)
Requirements for water intended for human consumption
supplied in bottles or other containers
Serial No.
Parameter
Limit value
Chemical parameters whose concentration does not usually increase in the distribution
network including the domestic distribution network
Serial No.
Parameter
Limit Value
The limit value refers to the residual monomer concentrationin the water as calculated from the maximum release ac-cording to specifications of the corresponding polymer andthe polymer dose used For determination, the concentration of chromate is convertedto chromium The sum of nitrate concentrations in mg/l divided by 50 andnitrate concentration in mg/l divided by 3 may not exceed 1mg/l Pesticides and biocidal agents means: organic insecticides, organic herbicides, organic fungicides, organic nematicides,organic acaricides, organic algicides, organic rodenticides,organic antimucosals, related products (i.a. growth regula-tors) and the relevant metabolites, degradation and reactionproducts. Only pesticides and biocidal agents that are likely tobe present in a certain water supply need to be monitored.
The limit value applies in each case to the individual pesti-cides and biocidal agents. For aldrine, dieldrin, heptachlorand heptachlorepoxide, the limit value of 0.00003 mg/l ap-plies The parameter indicates the sum of the individual pesticides and biocidal agents detected and quantified by the control Sum of the detected concentrations of these two compounds Chemical parameters whose concentrations in the distribution network including the
domestic distribution network can increase
Serial No.
Parameter
Limit Value
Basis is a representative sample of consumers’ aver-age weekly water intake for which a harmonised pro-cedure is to be laid down under Article 7 para 4 of theDrinking Water Directive. The competent authoritiesensure that all suitable measures are taken to mini-mize the lead concentration in water intended for hu-man consumption within the period necessary to reachthe limit value. Measures to reach this value have tobe taken on a step-by-step basis and primarily wherethe lead concentration is highest in water intended forhuman consumption Inclusive of the cadmium compounds absorbed bywater stagnating in pipes The limit value refers to the residual monomer con-centration in water, calculated from the maximum re-lease according to the specifications of the corre-sponding polymers and the polymer dose used Basis is a representative sample of consumers’ aver-age weekly water intake for which a harmonised pro-cedure is to be laid down under Article 7 para 4 of theDrinking Water Directive. Testing within the frameworkof monitoring pursuant to section 19 para 7 is onlynecessary if the pH value in the supply area is lowerthan 7.4 Basis is a representative sample of consumers’ aver-age weekly water intake for which a harmonized pro-cedure is to be laid down for this under Article 7 para 4of the Drinking Water Directive The sum of nitrate concentration in mg/l divided by 50and nitrate concentration in mg/l divided by 3 may notexceed 1 mg/l. At the exit of the waterworks, the valueof 0.1 mg/l for nitrite may not be exceeded Sum of the detected and quantified following com- pounds: benzo(b)fluoroanthene,benzo(k)fluoroanthene, benzo(ghi)perylene and in-deno(1,2,3-cd)pyrene Sum of the reaction products that result from waterdisinfection or oxidation detected and quantified at theconsumer’s tap: tricholoromethane (chloroform), bro-modichloromethane, dibromochloromethane and tri-bromomethane (bromoform); analysis in the supplynetwork is not necessary, if a value of 0.01 mg/l is notexceeded at the exit of the waterworks The limit value refers to the residual monomer con-centration in the water as calculated from the maxi-mum release according to specifications of the corre-sponding polymer and the polymer dose used.
Parameter
Limit value/
Requirement
Geogenic excess values are disregarded up to a limitof 30 mg/l. The cause of any sudden or continuousincrease in the usual concentration must be investi-gated The water should not be aggressive (note 1) This parameter need not be measured unless the water originates from or is influenced by surface water. In the event of non-compliance with this limitvalue, the competent authority arranges for investi-gations into the supply system to ensure that there isno danger to human health due to the appearance ofpathogenic microorganisms, e.g. Cryptosporidium.
The competent authority informs the Federal Ministryfor Health via the competent highest Land authority.
Geogenic excess values are disregarded in installa-tions supplying not more than 1,000 m3 a year up to0.5 mg/l Determination of the spectral absorption coefficient with spectral photometer or filter photometer Gradual dilution with odourless water and testing for acceptable toconsumers andno abnormalchange When using the procedure under Annex 1 No. 5 of the old version of the Drinking Water Ordinance thefollowing limit values apply: 100/ml at the consumer’stap; 20/ml immediately on completion of treatment inthe disinfected water; 1000/ml in water supply in-stallations pursuant to section 3 no. 2 letter b as wellas in tanks of landcraft, aircraft and watercraft. Whenusing other procedures, the procedure pursuant toAnnex 1 no. 5 of the old version of the Drinking Wa-ter Ordinance must be used in parallel for not lessthan one year to obtain corresponding comparativevalues. The entrepreneur or other owner of a watersupply installation shall, irrespective of the procedureused, immediately report any sudden or continuousincrease to the competent authority When using the procedure under Annex 1 no. 5 of the old version of the Drinking Water Ordinance thelimit value of 100/ml applies. When using other pro-cedures, the procedure pursuant to Annex 1 no. 5 ofthe old version of the Drinking Water Ordinancemust be used in parallel for not less than one year toobtain corresponding comparative values. The en-trepreneur or other owner of a water supply installa-tion shall, irrespective of the procedure used, imme-diately report any sudden or continuous increase tothe competent authority The water should not be aggressive (note 1) Geogenic excess values are disregarded in installa- tions supplying not more than 1000 m3 per year up toa limit of 0.02 mg/l This parameter need not be measured if the pa-rameter TOC is analysed The water should not be aggressive (note 1). Geo-genic excess values are disregarded up to a limit of500 mg/l The limit value applies ex treatment works. The en- trepreneur or any other owner of a water supply in- stallation have to report any sudden or continuousincrease immediately to the competent authorities The water should not be aggressive (note 1). The calcite dissolution capacity calculated at the exit ofthe water works may not exceed 5 mg/l CaCO3; this requirement is considered to be met if the pH valueat the exit of the water works is ≥ 7.7. When blendingwater from two or more water works the calcite dis-solution capacity in the distribution network may notexceed the value of 10 mg/l. For water put into bot-tles or containers the minimum value can be loweredto 4.5 pH units. The minimum value can be lower forwater put in bottles or containers that naturally con-tains carbon dioxide or to which carbon dioxide isadded.
The corresponding evaluation, particularly on the selection of appropriate materialswithin the meaning of section 17 para 1, takes place according to the generally ac-knowledged technical standards.
The control frequency, control methods and the most relevant monitoring sites willbe laid down at a later date according to the procedure stipulated according to Arti-cle 12 of the Drinking Water Directive.
The competent authority is not obliged to monitor water intended for human con-sumption for the presence of tritium or radioactivity to establish the total indicativedose if, on the basis of other monitoring performed, it is satisfied that the value fortritium or the calculated total indicative value is clearly below the parametric value.
In this case it shall inform the Federal Ministry for Health via the competent highestLand authority about the reasons for its decision and the results of this other moni-toring performed.
With the exception of tritium, potassium 40, radon and radon decay products.
Annex 4
(to section 14 para 1)
SCOPE OF ANALYSIS
Routine analyses
The following parameters are to be routinely analysed*):
Aluminium (note 1)
Ammonium
Clostridium perfringens (incl. spores) (note 2)
Coliform bacteria
Colony count at 22°C and 36°C
Colour
Electrical conductivity
Escherichia coli (E. coli)
Hydrogen ion concentration
Iron (note 1)
Nitrite (note 3)
Odour
Pseudomonas aeruginosa (note 4)
Taste
Turbidity
*) The individual analysis is not applicable to parameters for which values are continuously determined and re-corded.
Only necessary if used as flocculation agent *) Only necessary if the water originates from surface water or is influenced by surface water *) Only applies to water supply installations within the meaning of section 3 no. 2 letters b and c Only necessary for water intended to be supplied in bottles or containers *) In all other cases the parameters are contained in the list for the periodic analysis.
Periodic analyses
All parameters stipulated pursuant to Annexes 1 to 3 that are not listed among the rou-tine analyses are the subject of periodic analysis, unless the competent authorities canestablish that, for a certain period of time to be specified by them, a parameter is notlikely to be present in a certain water supply in concentrations that might jeopardize com-pliance with the corresponding limit value. Periodic analysis also covers the testing for le-gionella in central heating installations of the domestic distribution system pursuant tosection 3 no. 2 letter c, from which water intended for the public is provided. Sentence 1does not apply to the parameters for radioactivity that are monitored subject to notes 1 to3 in Annex 3.
FREQUENCY OF ANALYSIS
The minimum frequency of the sampling and analysis of water intended for human con-sumption that is provided from a distribution network or a tanker or used in a food-producing establishment.
The samples have to be taken at the point of compliance pursuant to section 8 to ensurethat the water intended for human consumption meets the requirements of the Ordi-nance. In a distribution network, however, alternative samples for certain parameters canbe taken within the supply area or in the treatment installations if this is proven not tocause any detrimental changes in the established values of the parameter concerned.
Volume of the water provided or
produced in a supply area
Routine analyses
Periodic analyses
(Notes 1 and 2)
Number of samples/year
Number of samples/year
(Notes 3 and 4)
(Notes 3 and 4)
or pursuant to section 19 paras 5 and or pursuant to section 19 paras 5 and A supply area is a geographically defined area within which water intended for human consumptioncomes from one or more sources and within which water quality may be considered as being ap-proximately uniform according to the generally acknowledged technical standards.
The volumes are calculated as averages taken over a calendar year. Instead of the volume of watersupplied or produced the number of inhabitants in a supply area may be used to determine the mini-mum frequency, assuming a water consumption of 200 l/day/capita.
In the event of intermittent short-term supply by tankers the water supplied therein is analysed every48 hours if the tank concerned has not been cleaned or refilled within this period.
As far as possible, the number of samples should be distributed equally in time and location.
MINIMUM FREQUENCY OF SAMPLING AND ANALYSIS FOR WATER INTENDED TO BE SUPPLIED IN
BOTTLES OR OTHER CONTAINERS
Volume of water produced each
Routine analyses
Periodic analyses
day to be supplied in bottles or
containers
Number of samples per year
Number of samples per year
m3/day *)
*) The volumes are calculated averages taken over a calendar year.
Specifications for the Analysis of Parameters Parameters for which methods of analysis are specified
The following principles for methods of microbiological parameters are given either for reference, whenever a CEN/ISO method is given or for guidance, pending the possible future adoption of further CEN/ISO international methods for these parameters.
Coliform bacteria and Escherichia coli (E.coli) (ISO 9308-1) Enumeration of culturable microorganisms - Colony count 22°C (pursuant to Annex 1 no.
5 of the Drinking Water Ordinance, older version, or EN ISO 6222) Enumeration of culturable microorganisms - Colony count 36°C (pursuant to Annex 1 no.
5 of the Drinking Water Ordinance, older version or EN ISO 6222) Clostridium perfringens (including spores) (membrane filtration followed by anaerobic in- cubation of the membrane on m-CP agar (Note 1) at (44 ± 1)°C for (21 ± 3) hours. Count opaque yellow colonies that turn pink or red after exposure to ammonium hydroxide va- The composition of m-CP agar is:Basal mediumTryptose L-cysteine hydrochloride1 gMgSO4 ● 7H2O Dissolve the ingredients of the basal medium, adjust pH to 7.6 and autoclave at121°C for 15 minutes. Allow the medium to cool and add: Polymyxine-B sulphate 0.025 gIndoxyl-β-D-glucoside to be dissolved in 8 ml sterile water before addition Filter-sterilised 0.5 % phenolphthalein diphosphate solution Parameters for which performance characteristics are specified
For the following parameters, the specified performance characteristics are that the method of analysis used must, as a minimum, be capable of measuring concentrations equal to the limit value with the trueness, precision and detection limit specified below.
Whatever the sensitivity of analysis used, the result must be expressed using at least the same number of decimals as for the limit value in the Annexes 2 and 3.
Parameter
Trueness
Precision
Detection limit
Conditions
in % of the limit
in % of the limit
in % of the limit
to be controlledby product speci-fication to be controlledby product speci-fication to be controlledby product speci-fication For hydrogen ion concentration the specified performance characteristics are that the method of analysis used must be capable of measuring concentrations equal to the limit value with a trueness of 0.2 pH unit and a precision of 0.2 pH unit.
Limit of detection is either- three times the relative within-batch standard deviation of a natural sample con- taining a low concentration of the parameter or - five times the relative within-batch standard deviation of a blank sample.
The method should determine total cyanide in all forms.
Oxidation should be carried out for 10 minutes at 100°C under acid conditions us-ing permanganate.
The performance characteristics apply to each individual pesticide and biocidalagent and will depend on the agent concerned. The limit of detection may not beachievable for all pesticides and biocidal agents at present, but achievement of thisstandard should be striven at.
The performance characteristics apply to the individual substances specified at25% of the limit value in Annex 2.
The performance characteristics apply to the individual substances specified at50% of the limit value in Annex 2.
Parameters for which no method of analysis is specified
ColourOdourTasteTotal organic carbonTurbidity (Note 1) For turbidity monitoring in treated surface water the specified performance charac-teristics are that the method of analysis used must, as a minimum, be capable ofmeasuring turbidity values with a trueness, precision and limit of detection of 25%each.
Agents for the treatment in special cases Intended use
Addition of .mg/l
permissible

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