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1 between the Department of Health and Water Corporation Mou2007v04.doc

2 Modification / Approval History Date Description of Change Page Changed by Approved by MoU2007v04 Printed on 30/12/08 Page i

3 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM is entered into on the day of BETWEEN THE WATER CORPORATION ("the Corporation") AND THE DEPARTMENT OF HEALTH ("the Department") OF THE ONE PART OF THE OTHER PART CONTEXT A. The Corporation is a corporatised body under the Water Corporation Act The Corporation has the responsibility providing a supply of drinking water in line with sound commercial practices and in accordance with its operating licence. B. The Corporation may also provide specialist advice to the Department on drinking water matters. C. The Department is the regulatory agency drinking water quality in Western Australia. C. The Department has a role in providing advice to the Government on standards in relation to drinking water quality and associated risks to public health. D. The Department has certain responsibilities in relation to the protection of public health under the Health Act 1911 and other relevant legislation. MoU2007v04 Printed on 30/12/08 Page ii

4 Contents 1.0 FOREWORD Design of the MoU INTERPRETATION COMMITMENT TO DRINKING WATER QUALITY Resource the MoU Identify Responsible Officers Recognise and Support the Advisory Committee the Purity of Water Develop and Improve Quality Regulation Work to Protect Catchment Areas ADMINISTRATION OF DRINKING WATER QUALITY Adoption of Guidelines Current Quality Requirements Variations to Standard Quality Specifications Additional Quality Specifications Exemptions Schedules to the MoU Ministerial Approval to vary Standard Quality Specifications Water Corporation Quality Obligation Safe Water Supply OTHER FORMS OF WATER SUPPLY Water Supply Classifications Water Quality Regulation SYSTEMS ANALYSIS AND MANAGEMENT Monitoring Programs Water Quality Management Processes and Procedures Source Protection Monitoring Programs Water Analysis MATERIALS AND CHEMICALS Materials in Contact with Water Chemicals Approved Addition to Chemicals Used to Maintain Water Treatment and Distribution Systems Chemicals and Materials Used in Catchment Areas Seeking Approval DATA EXCHANGE Corporation Data 7 MoU2007v04 Printed on 30/12/08 Page iii

5 8.2 Department Data Special Investigations Inmation Exchange Confidentiality Reporting Formats EVENTS OF PUBLIC HEALTH SIGNIFICANCE Framework Notifiable Events Corporation to Report Department to Respond Declaration of Unsafe Drinking water Maintenance of Incident Response Plans Incident Response Plan Training and Exercises Monthly Coordination Meeting PUBLIC HEALTH NECESSITY Background Determination Declaration Communication PUBLIC EDUCATION AND INFORMATION Public Education Corporation Annual Quality Report Department Annual Quality Report IMPLEMENTING THE 2004 AUSTRALIAN DRINKING WATER GUIDELINES Background Implementation of Framework EMERGING ISSUES Monitoring and Response STATUTORY REQUIREMENTS Fluoridation of Public Water Supplies Administration Operational Review Public Education Pesticides Use of Pesticides in Catchments Review of PSC GENERAL ADMINISTRATION Contracts ROLE OF THE DEPARTMENT OF HEALTH 12 MoU2007v04 Printed on 30/12/08 Page iv

6 16.1 Role As Regulator As Adviser to the Corporation As Resource As Auditor As Adviser to the Public To Provide Public Notification Specific needs TERM REVIEW AND AMENDMENT Expiry Amendment of MOU Upon Agreement Amendment of Binding Protocols and Schedules upon Agreement ENDORSEMENTS 14 MoU2007v04 Printed on 30/12/08 Page v

7 1.0 Foreword This Memorandum of Understanding (MoU) continues the strong co-operative relationship that exists between the Water Corporation (Corporation) and the Department of Health (the Department) managing drinking water quality in Western Australia. This MoU acknowledges that significant changes have occurred in the water industry in Western Australia since The 2006 amendment incorporates the 2004 Australian Guideline Framework, approach and is designed to integrate all facets of the drinking water quality management and assurance system. Foremost in this MoU is the reincement of the Department of Health as the regulator of drinking water quality in the State. Consequently this MoU enables the Department to audit the Corporation s water quality, management and reporting systems to provide assurance of ongoing satisfactory permance. Both the Department and the Corporation recognise that the practices and processes used to establish and maintain high levels of drinking water quality need to be open and transparent to the community. Both organisations commit to ensure that permance will be reported in a timely manner and open to public scrutiny. As this momentum develops, the requirement to educate the public on water quality issues will need to be jointly addressed by both agencies. This MoU has been designed to respond to change, as significant water quality issues continue to emerge, both in Australia and around the world. The 2004 Guidelines Quality published by the World Health Organization and the 2004 Australian Guidelines identify catchment management and source protection as key elements of the multi barrier approach to ensure safe drinking water. Both agencies are committed to maintain and improve these primary barriers. Both agencies have contributed to the development of the Quality Framework arising from the rolling revision of the 1996 Australian Guidelines. Both agencies now commit to apply the 2004 Australian Guidelines (2004 ADWG) throughout Western Australia. This will provide a significant opportunity to reince the importance of protecting drinking water through the co-operation and support of many other parties in all aspects of drinking water supply from the catchment to the tap. MoU2007v04 Printed on 30/12/08 Page 1

8 1.1 Design of the MoU This Memorandum of Understanding is modelled, as far as possible, to reflect the twelve guiding elements of the Framework Quality contained within the 2004 Australian Guidelines. Element MoU Sections 1 Commitment to drinking water quality 3.1, 3.2, 3.3, 3.4, 3.5, 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, Assessment of the drinking 6.1, 6.3 water supply system 3 Preventative measures 6.1, 10.0, 12.0 drinking water quality management 4 Operational procedures and 7.1, 7.2, 7.3, 7.4, 7.5 process control 5 Verification of drinking water 6.1, 6.4 quality 6 Management of emergencies 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 10.1, 10.2, 10.3, Employee awareness and 9.7 training 8 Community involvement and 11.1, 11.2, 11.3, awareness 9 Research and development 8.3, 8.4, Documentation and reporting 8.1, 8.2, 8.5, Evaluation and audit Review and continual improvement 9.8, 13.1 In addition this MoU makes reference to: Schedules documents prepared by the Department general publication and application within the water industry. Binding Protocols documents developed by both the Department and Corporation detailing processes and procedures to be followed prescribed events. These documents may not necessarily be publicly available as they may contain operationally sensitive details; and Water Quality Management Processes and Procedures - documents prepared by the Corporation to facilitate the operational implementation of water quality management processes and procedures. These documents are not publicly available as they may contain operational specific details MoU2007v04 Printed on 30/12/08 Page 2

9 2.0 Interpretation Corporation means Department means Water Corporation Department of Health means Water intended primarily human consumption but which has other domestic uses. Guidelines means MoU means Operating Licence means 2004 Australian Guidelines published by National Health and Medical Research Council and as amended from time to time. Memorandum of Understanding A licence granted the purpose of Section 18 of the Water Services Licensing Act MoU2007v04 Printed on 30/12/08 Page 3

10 3.0 Commitment to Quality The Corporation and Department are committed to ensure that the community of Western Australia are provided with safe drinking water now and into the future. To facilitate this both agencies will: 3.1 Resource the MoU The Corporation and Department agree to provide adequate resources to meet the requirements of this Memorandum of Understanding. 3.2 Identify Responsible Officers An officer will be identified within each organisation who will be responsible monitoring, facilitating and reporting to their relevant Chief Executive Officer (CEO) on the implementation of this Memorandum of Understanding. Binding Protocol 1 Responsible Officers identifies the Responsible Officers the Corporation and Department. 3.3 Recognise and Support the Advisory Committee the Purity of Water The Advisory Committee the Purity of Water will continue to operate under its terms of reference under the chairmanship of the Health Department. Both organisations are committed to the ongoing work of this Committee. 3.4 Develop and Improve Quality Regulation The Department and Corporation will work cooperatively to develop and improve health based drinking water regulation in Western Australia. 3.5 Work to Protect Catchment Areas The Department and Corporation will cooperate in areas of mutual interest to ensure adequate consideration is given to protect sources of drinking water. The Department and Corporation will promote primacy of drinking water over other non-compatible activities in drinking water catchment areas. 4.0 Administration of Quality The processes adopting, amending, implementing national and international drinking water quality processes, procedures, standards and guidelines are as follows: 4.1 Adoption of Guidelines Prior to implementation in Western Australia the Guidelines drinking water quality are endorsed by the Hon. Ministers Health and Water Resources. 4.2 Current Quality Requirements The Department s current requirements drinking water quality are contained within Schedule 1 Quality Requirements. MoU2007v04 Printed on 30/12/08 Page 4

11 4.3 Variations to Standard Quality Specifications The Department specifies the quality criteria drinking water in accordance with the Guidelines, but has the power to vary the quality criteria in specific circumstances or identified supplies, so long as public health is not compromised. 4.4 Additional Quality Specifications The Department may set additional quality criteria the Corporation to comply with or make interpretations where the Guidelines are considered to lack relevant specificity. The Department shall consult with the Corporation and/or the Advisory Committee the Purity of Water bee taking such action. 4.5 Exemptions The Department may grant exemptions certain requirements. Exemptions may be found in Schedule 2 Exemptions from Compliance. 4.6 Schedules to the MoU The Department in consultation with the Corporation and other members of the water industry may develop schedules to this MoU. The Schedules are intended to provide supporting inmation to this MoU and other drinking water quality requirements. 4.7 Ministerial Approval to vary Standard Quality Specifications Variations, additions or exemptions to drinking water quality criteria as specified in sections 4.3, 4.4 and 4.5 shall be approved by the Minister Health. 4.8 Water Corporation Quality Obligation The Corporation shall supply drinking water that complies with the Department s requirements in sections 4.2, 4.3, 4.4, 4.5 and Safe Water Supply Where the Corporation supplies drinking water that complies with the Departments requirements it shall be deemed to be safe. 5.0 Other Forms of Water Supply 5.1 Water Supply Classifications The Corporation may supply other water supply services, defined under four different classifications: Standard drinking water service; Farmlands area water service; Service provided by agreement; and Non-potable water. MoU2007v04 Printed on 30/12/08 Page 5

12 5.2 Water Quality Regulation The Department regulates standard drinking water services. However, the Department may also regulate other service types to the extent that there is a risk posed to public health. The Department s conditions the various service types are listed in Schedule 3 Requirements Various Water Types. 6.0 Systems Analysis and Management The Corporation and Department shall maintain and apply an effective system to assure drinking water quality. To facilitate this, the Corporation and the Department may develop: 6.1 Monitoring Programs In consultation with the Department the Corporation shall develop, maintain and implement a drinking quality water monitoring program throughout its organisation that identifies all relevant regulatory and mal requirements. 6.2 Water Quality Management Processes and Procedures. In consultation with the Department, the Corporation may develop, maintain and review drinking water quality management processes and procedures. Processes and procedures that have been endorsed by the Department are shown in Binding Protocol 2 List of Water Quality Management Processes and Procedures. 6.3 Source Protection The Corporation and the Department recognise their responsibility in source protection and will carry out hazard identification and risk assessment where required to ensure reliability of public water supplies. Where risks are identified within catchments, the Corporation and Department will respond to reduce the risks. 6.4 Monitoring Programs The Corporation shall develop and maintain monitoring programs in accordance with specifications approved by the Department. The Department may develop and undertake monitoring programs itself in special circumstances. 6.5 Water Analysis All samples shall be submitted to laboratories that perm analyses and tests that are registered by the National Association of Testing Authorities unless by agreement with the Department. MoU2007v04 Printed on 30/12/08 Page 6

13 7.0 Materials and Chemicals 7.1 Materials in Contact with Water The Corporation shall only use materials in contact with drinking water that have been approved either under Australian Standard AS 4020 or by the Department. Materials approved contact with water are listed in Schedule 5 - Approved Materials and Schedule 6 - Materials Assessed - Not Requiring Approval (Subject to Condition). Materials that have been submitted to the Department but have not been approved are listed in Schedule 4 - Chemical and Materials Assessed - Not approved. 7.2 Chemicals Approved Addition to. The Corporation shall only add chemicals to drinking water that have been approved use by the Department. Chemicals that have been approved addition to drinking water by the Department are listed in Schedule 7 - Chemicals Approved Addition to. 7.3 Chemicals Used to Maintain Water Treatment and Distribution Systems. The Corporation shall only use chemicals to maintain drinking water treatment and distribution systems that have been approved by the Department. The Department may specify operational procedures to be followed to ensure that drinking water contamination does not occur. Approved chemicals and operational procedures are listed in Schedule 8 - Chemicals and Procedures used to maintain water treatment and distribution systems. 7.4 Chemicals and Materials Used in Catchment Areas. The Corporation shall ensure that chemicals applied to and used within catchment areas purposes other than direct improvement of water quality have been approved by the Department. The Department may specify operational procedures to be followed to ensure that drinking water contamination does not occur. Approved chemicals and procedures are listed in Schedule 9 Chemicals and Materials Used in Catchment Areas. 7.5 Seeking Approval The Corporation may seek advice from the Department with respect to the suitability of materials, chemicals and procedures described in sections 7.1, 7.2, 7.3 and Data Exchange 8.1 Corporation Data The Corporation will undertake to make available statistically valid results to the Department of its water-sampling program in a mat and with a frequency agreed to by the Department. The Corporation will also provide the Department with access to the full results of its water sampling if and when required. MoU2007v04 Printed on 30/12/08 Page 7

14 8.2 Department Data The Department will provide the Corporation with reports and studies it undertakes which are relevant to those activities of the Corporation which impact on public health. 8.3 Special Investigations The Corporation will provide access to reports and studies undertaken by the Corporation as part of its business which are relevant to public health. 8.4 Inmation Exchange Each party will provide a program of their respective public health related research and development activities associated with the provision of water services. Either party can place confidentiality constraints on the inmation and data that it provides. 8.5 Confidentiality Inmation provided by either party shall not be published without the approval of the inmation source. 8.6 Reporting Formats The Department and Corporation will work cooperatively to establish reporting mats. 9.0 Events of Public Health Significance 9.1 Framework From time to time it may be necessary the Corporation to notify the Department of events that may have a potential to affect public health. The joint response action will depend upon the nature of the event and the potential risk to public health. There are three levels of response to events that affect the safety of drinking water: Activation of the Joint Agency Coordination Plan (JACP) high level public health impact, immediate public notification required. Events Level 1 - medium level public health impact with potential to require public notification and activation of the JACP Events Level 2 low level public health impact requiring exception notification. 9.2 Notifiable Events Notifiable events and the corresponding response protocols are described in Binding Protocol 3 - Joint Agency Co-ordination Plan and Binding Protocol 4 - Water Provider Exception Protocol. MoU2007v04 Printed on 30/12/08 Page 8

15 9.3 Corporation to Report The Corporation shall report to the Executive Director Public Health any event within its own water supply systems, schemes or assets operated under contract which may have significant implications public health in accordance with Binding Protocol 4 - Water Provider Exception Protocol. 9.4 Department to Respond The Department will provide a 24 hour point of contact the reporting of any such events, in order that the Executive Director Public Health can determine whether any action should be taken in accordance with Binding Protocol 4 - Water Provider Exception Protocol. 9.5 Declaration of Unsafe Drinking water Where necessary, the Executive Director Public Health shall declare water to be unfit human consumption and specify methods of treatment or alternative sources of supply. The Executive Director Public Health shall also rescind such declarations promptly when no longer necessary. 9.6 Maintenance of Incident Response Plans The Corporation and Department agree to jointly maintain and review incident response plans the Corporation's drinking water supply systems. 9.7 Incident Response Plan Training and Exercises The Corporation and Department agree to jointly undertake staff training incident response plans and conduct joint exercises. 9.8 Monthly Coordination Meeting The Water Corporation and Department agree to meet on a monthly basis to review and analyse joint management systems Public Health Necessity 10.1 Background There are times when the failure of the Corporation's assets could pose a threat to public health, e.g. the loss of water supply etc. Under normal conditions the Corporation will take action to rectify such occurrences. However, situations such as industrial action may arise to prevent the Corporation from meeting these obligations Determination In the event of a public health necessity the Corporation may request the Executive Director Public Health to determine whether the event constitutes a risk to public health. MoU2007v04 Printed on 30/12/08 Page 9

16 10.3 Declaration The Executive Director Public Health may declare an event to constitute a risk to public health and require immediate preventative or remedial action to be taken Communication The communication protocols outlined in Binding Protocol 4 - Water Provider Exception Protocol Events Level 1 shall be used Public Education and Inmation 11.1 Public Education The Department and Corporation shall jointly develop public education programs relating to drinking water quality as required Corporation Annual Quality Report The Corporation shall prepare a report the Department each year that lists drinking water quality testing conducted and their results in an agreed mat Department Annual Quality Report The Department shall prepare a summary annual drinking water quality report incorporating data from all water providers Implementing the 2004 Australian Guidelines 12.1 Background The 2004 Australian Guidelines (2004 ADWG) continues the rolling revision process described in the Guidelines. The 2004 ADWG incorporates an integrated quality assurance framework that is designed to manage drinking water quality from catchment to tap. This approach is significantly different to the existing management structure and will require the adoption of a multi agency continual improvement system Implementation of Framework The Department and Corporation will work cooperatively with other stakeholders to implement the 2004 ADWG within Western Australia during the period of this MoU Emerging Issues 13.1 Monitoring and Response The Department and Corporation will monitor and discuss emerging issues currently not addressed by the Guidelines or this Memorandum of Understanding that may be of public health significance. MoU2007v04 Printed on 30/12/08 Page 10

17 14.0 Statutory Requirements 14.1 Fluoridation of Public Water Supplies Administration The Department is the agency principally assisting the Minister Health in the administration of the Fluoridation of Public Water Supplies Act 1966 (the Act) and the provisions of the Act are binding on the Corporation Operational Review The Department and Corporation will work to review the operational and monitoring requirements of the Act to ensure that the requirements of the Act are effectively met in a cost efficient manner Public Education The Department will be responsible public communication and education with respect to issues of fluoridation Pesticides The Department and Corporation are committed to the protection of drinking water from pesticides and will continue to cooperate and encourage involvement of key stakeholders to minimise the risk of drinking water contamination Use of Pesticides in Catchments The Corporation shall not use nor permit the use of pesticides in drinking water catchments and areas of water storage except in accordance with PSC 88 Use of Herbicides in Water Catchment Areas or its replacement Review of PSC 88 The Department, in consultation with the Corporation and other key stakeholders, shall review PSC 88 and develop Guidelines use of Pesticides in Water Catchment and Storage Areas General Administration 15.1 Contracts The Corporation may contract to operate and maintain water supply schemes and assets that are owned by others. Unless specifically stated in the contract the Corporation may not be in a position to accept responsibility ultimate scheme or asset permance. The Corporation shall notify the Department in the event that a contract restricts the ability to respond to an issue of public health significance. The Department will seek to initiate remedial actions of all parties concerned. MoU2007v04 Printed on 30/12/08 Page 11

18 16.0 Role of the Department of Health 16.1 Role The Department s roles are to: minimise human exposure to environmental health hazards that pose or have the potential to pose a health risk; reduce the incidence and impact of communicable disease As Regulator The Department is the Regulator of drinking water quality and sets out its requirements to the Economic Regulation Authority incorporation into the Operating Licence As Adviser to the Corporation The Department shall provide advice to the Corporation on matters regarding the supply of water from catchment to tap As Resource The Department in consultation with the Corporation shall provide public comment on issues related to drinking water from catchment to tap As Auditor The Department may audit the Corporation s systems and databases used to manage and report drinking water quality in relation to the following sections of this MoU as required. (Generally this will occur prior to the Economic Regulation Authority audit): 4.0 Administration of Quality. 6.0 Systems Analysis and Management 7.0 Materials and Chemicals 8.0 Data exchange 9.0 Events of public health significance The audit scope will be prepared by the Department and discussed with the Corporation. The audit report should include recommendations improvements. The CEO s shall endorse the audit report and timetable improvements. The responsible officers shall provide regular progress reports. The Cost of the audit shall be borne by the Corporation As Adviser to the Public In consultation with the Corporation, the Department will provide prompt advice to the public, including media, with respect to water quality issues 16.7 To Provide Public Notification Specific needs In consultation with the Corporation the Department is responsible to notify health care providers of drinking water quality issues that may effect the public. For example: MoU2007v04 Printed on 30/12/08 Page 12

19 In the case of nitrate concentrations between 50 and 100 mg/l the Department shall notify community health nurses in the areas effected Term Review and Amendment 17.1 Expiry The term of this Memorandum shall be five (5) years Amendment of MOU Upon Agreement The CEOs can amend this Memorandum at any time upon agreement Amendment of Binding Protocols and Schedules upon Agreement The responsible officers can amend the Binding Protocols and Schedules to this Memorandum of Understanding at any time upon agreement. MoU2007v04 Printed on 30/12/08 Page 13

20 18.0 Endorsements Signed Dr Neil Fong DIRECTOR GENERAL DEPARTMENT OF HEALTH Signed Dr J I Gill CHIEF EXECUTIVE OFFICER WATER CORPORATION Date: MoU2007v04 Printed on 14/11/07 Page 14

21 Schedule 1 - Quality Requirements DoH expects all drinking water providers to comply with the microbiological, (health) chemical and radiological parameters specified by the 2004 Australian Drinking Water Guidelines (ADWG). With respect to Naegleria, no sample should contain any Naegleria species tolerant to 42 C and above. Water providers should achieve a rolling annual compliance of not less than 95 percent or as specified by the Department of Health. The Department of Health will approve departures from the guidelines individual supplies as it may judge appropriate in light of public health considerations as shown in Schedule 2 Exemptions from Compliance. The Department of Health expects drinking water providers to implement the Framework Management of Quality contained within the 2004 ADWG. The Department of Health has not set a time period the full implementation of the framework of the 2004 ADWG as it is considered that this work is ongoing. Nevertheless, it expects tangible progress towards full implementation to be demonstrable in each year of the currency of a provider s licence. All drinking water providers should aim to comply, as far as practicable, with the Guidelines non-health related characteristics as set out in the 2004 ADWG. However, bearing in mind the high levels of public expenditure which would be required to achieve full compliance in respect of some small water supplies, it is accepted that achievement of this aim may take many years. Schedule 1 Printed on 06/01/10 Page 1

22 SCHEDULE 2 Exemptions from Compliance The following schemes have been granted exemption from compliance with Nitrate guidelines REGION SCHEME/TOWN Mid West Cue Meekatharra Mt Magnet Nabawa New Norcia Sandstone Wiluna Yalgoo Goldfields & Agricultural Laverton Leonora Menzies Water supplied by the above schemes may contain nitrate concentrations between 50 and 100 mg/l. Consumption of this water does not pose a risk to adults. However, nitrate concentrations between 50 and 100mg/L can cause adverse health effects in infants under three months of age. The Department through the Community Health Nurse will advise carers of infants less than three months to use alternative water sources to prepare bottle feeds. Schedule 2 Printed on 31/10/07 Page 1

23 SCHEDULE 3 Requirements Various Water Service Types Four broad levels of water service are set to meet a range of Operating Licence requirements such as pressure, flow and water quality throughout Western Australia. The following water quality provisions apply to each service type. 1. Standard drinking water service A Standard drinking water service is a connection to a water supply that is treated to comply with Schedules 1 and 2 of this Memorandum of Understanding and the standards and principles of the Operating License. The Department expects the water supply to comply with all of the provisions of Schedules 1 and 2 of this Memorandum of Understanding. 2. Farmlands area water service Farmlands area water is water that has been originally treated to a standard drinking water service standard. However, after long detention times in extended pipeline systems it may not comply with microbiological provisions of the guidelines although it would still be compliant with the chemical provisions of Schedules 1 and 2. The Department expects the water supply to comply with the chemical and radiological provisions of Schedule 1 and 2 in addition to the following conditions: Customers shall be advised to make their own arrangements treatment at the point of use to ensure compliance with drinking water quality guidelines if the water is to be used drinking; 2.2. Immediate notification by the Corporation to customers taking up this m of service and upon change of ownership; and 2.3. An annual reminder of the water quality conditions. 3. Service provided by agreement Some services by agreement are fully compliant with drinking water quality requirements but cannot meet pressure and flow provisions. Other services by agreement can include services where, due to lack of treatment or operational requirements, the Corporation cannot provide assurance on water quality such that it will meet the provisions of Schedules 1 and 2 at all times. The water provided under a service by agreement will have come from a drinking water catchment. The Department expects the Corporation to advise consumers either that the water fully complies with drinking water quality requirements OR the water does Schedule 3 Printed on 31/10/07 Page 1

24 not meet one or more of the microbiological, chemical and/or radiological compliance in accordance with the following conditions: 3.1. Customers are advised to make their own arrangements water treatment if to be used drinking; 3.2. Immediate notification by the Corporation to customers taking up this m of service and upon change of ownership; and 3.3. An annual reminder of the water quality conditions. 4. Non Potable Water Non potable water is water such as treated wastewater, irrigation or other untreated water supplies which there is no intention that it should ever be used human consumption. Such water may not originate from a drinking water catchment. The Department expects the following actions to be taken where customers are provided non-potable water: Customers are advised the water is not to be used drinking; 4.2. Immediate notification by the Corporation to customers taking up this m of service and upon change of ownership; and 4.3. An annual reminder of the water quality conditions. Schedule 3 Printed on 31/10/07 Page 2

25 between the Department of Health and Water Corporation Schedules 4 to 9 The following Memorandum of Understanding Schedules are now available on the DoH website at: MoU Schedule 4 Chemicals and Materials Assessed - Not Approved MoU Schedule 5 Approved Materials MoU Schedule 6 Materials Assessed - Not Requiring Approval - Subject to Condition MoU Schedule 7 Chemicals Approved Addition to MoU Schedule 8 Chemicals and Procedures used to Maintain Water Treatment and Distribution Systems MoU Schedule 9 Chemicals and Materials Used in Catchment Areas

26 CIRCULAR NO: PSC 88 SUBJECT : USE OF HERBICIDES IN WATER CATCHMENT AREAS Purpose PSC 88 is the purpose of protecting surface and ground water sources that are used as sources of water human consumption from contamination by herbicides. The document is a best practice policy statement that applies to all government departments and their contractors. Definitions The term "Water Catchment Area" refers to: (a) (b) (c) proclaimed public drinking water source areas (i.e. water reserves, catchment areas and underground water pollution control areas proclaimed under the Country Areas Water Supply Act 1947 or Metropolitan Water Supply, Sewerage and Drainage Act 1909), and reserves vested the purpose of water supply; and any other area that is designated by licensed water service providers and the Department of Water and confirmed by the Executive Director, Public Health "Blanket Area Spraying" means the application of herbicide by boom sprayer, aircraft, misting machines, and like apparatus capable of treating a wide swath at one pass and these swaths being matched by continuous passes. 1. Other than with the expressed written approval of the Executive Director, Public Health, the only herbicides that may be used in water catchment areas are: 2,4-D amitrole fluazifop-p-butyl glyphosate hexazinone* triclopyr metsulfuron methyl - only when used hand/spot spraying of weeds (eg blackberry and cape tulip) *(hexazinone can affect native vegetation and theree should be used with care or advice sought from the Department of Environment where sensitive native plants are present.)

27 2. These herbicides may only be used when no other means are suitable the control of weeds. 3. 2,4-D may only be used when the weeds are resistant to the other specified herbicides or when other chemicals are not sufficiently selective. 4. The specified herbicides may be used against declared plants and other undesired weeds on water catchments and water channels or in the vicinity of reservoirs provided timings, techniques and precautions ensure there is no spray drift or early run off from treated areas likely to contaminate reservoirs, rivers or streams. All applications must be under the supervision of a person experienced in the use of herbicides. 5. Application is to be limited to injection techniques or direct spraying of individual weeds or clumps of weeds by apparatus producing a coarse or large droplet spray. Other than with the expressed written approval of the Executive Director, Public Health, blanket area spraying is not acceptable. 6. No mixing of the herbicide is to occur within 50 metres of reservoirs, rivers or streams. Except with the written permission of the Executive Director, Public Health, no application is to be made within 20 metres of reservoirs or rivers and streams when flowing. Application may be made within 20 metres of dry river and stream beds during the summer months. 7. Empty containers and all equipment to be removed from the catchment area bee washing and disposal. 8. Other than with the expressed written approval of the Executive Director, Public Health, any unused herbicide is to be removed from the catchment area and no other herbicide except immediate requirements is to be stored there. 9. Rates of application, safety directions and precautions on labels of the original container of the herbicide shall be strictly adhered to. 10. Records of the amounts and dates of use of herbicides on catchments are to be retained. They maybe required investigation of incidents or complaints. Dr M Stevens Delegate of the EXECUTIVE DIRECTOR, PUBLIC HEALTH 29 August 2006

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