Regulation 23 Action by the Department
Where—
a notification given in accordance with paragraph (5) of regulation 21 in the circumstances mentioned in paragraph (1) of that regulation (including that paragraph as read with paragraph (3)(a)) discloses—
a failure in respect of a parameter specified in Table B in Schedule 1; and
that the failure is not attributable to the domestic distribution system or the maintenance of that system; and
it appears to the Department that the failure is not trivial and is likely to recur,
the Department may, by notice in writing to the water undertaker, require the undertaker to seek a departure in accordance with regulation 24.
Where—
a notification given in accordance with paragraph (5) of regulation 21 in the circumstances mentioned in paragraph (3)(b) of that regulation discloses —
a failure in relation to any parameter specified in Table B in Schedule 1; and
that the failure is not attributable to the domestic distribution system or the maintenance of that system; and
it appears to the Department that the failure in respect of that parameter is not trivial and is likely to recur,
the Department must consider whether the terms of the authorisation under regulation 24 should be modified.
Where—
a notification given in accordance with regulation 22(2) discloses an inability to meet the specification applicable to an indicator parameter; and
the Department considers that the inability poses a potential risk to human health,
the Department must, by notice in writing, require a water undertaker to take such steps as may be determined by the Department and specified in the notice.
Should notice be given under paragraph (3) it shall be the duty of the water undertaker to take the steps specified in the notice.