Warschau Feb. 2009 1

Dr. K. Luden

German guidance document on §9

dealing with derogations

Dr. Katrin Luden

Drinking water directive 98/83/EC

Dr. K. Luden

§9 Derogations

Member States may provide for derogations from the parametric values set out in Annex I, Part B, (chemical) or set in accordance with Article 5(3) (others), up to a maximum value to be determined by them, provided no derogation constitutes a potential danger to human health and provided that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means. Derogations shall be limited to as short a time as possible and shall not exceed three years, towards the end of which a review shall be conducted to determine whether sufficient progress has been made. Where a Member State intends to grant a second derogation, it shall communicate the review, along with the grounds for its decision on the second derogation, to the Commission. No such second derogation shall exceed three years.

Drinking water directive 98/83/EC

Dr. K. Luden

Derogations

If the competent authorities consider the non-compliance with the parametric value to be trivial, and if action taken in accordance with Article 8(2) is sufficient to remedy the problem within 30 days, the requirements of paragraph 3 (specify grounds, parameters, timeframe…) need not be applied.

possible only when no derogation for [..] more than 30 days on aggregate during the previous 12 months

Drinking water directive 98/83/EC

Dr. K. Luden

(1) param. Ann. 1Part B (chemical) first and second derogation

(2) third derogation

(3) specification of grounds, parameters, maximum values, area, food productions, monitoring, remediation plan duration

(4) trivial derogations

(5) 30 days

(6) information of the affected population

German drinking water ordinance

Dr. K. Luden

§ 9 Measures in case of non-compliance with limit values and requirements

• Health office gets to know of non compliance - immediate decision of whether this is liable to cause a hazard to human health; orders of investigation to find the cause of non compliance

• If hazard to human health is feared: alternative supply (if possible) or continuous water supply under security measures

• Hazard to human health cannot be ruled out by above measures: interruption of water supply

Dr. K. Luden

§ 9 Measures in case of non-compliance with limit values and requirements

(4) In all cases of non compliance health office orders remedial action

(5) If the non compliance is considered no risk to human health the health office sets a maximum value and a time allowed for the correction within 30 days; does not apply to E. coli, Enterococci (and Coliform bacteria)

(6) In case of non compliance for chemical parameters: derogation permissable for 3 years (information of the federal ministry of health)

German drinking water ordinance

Dr. K. Luden

§ 9 Measures in case of non-compliance with limit values and requirements

(7) Review of the permitted derogation and second permit of derogation

(8) Under exceptional circumstances application of a third permit for derogation filed with the EU

(9) Same applies to indicator parameters

(10) Specified information in the permits of derogation as in EU directive

(11) Information of the consumers/public

(12) Not applicable to water in bottles or containers

German drinking water ordinance

Dr. K. Luden

§9 Guidance document

Part 1 Microbiology

Indicator organisms

E. coli, Enterococci and Coliform bacteria

Pathogens liable to damage human health

Legionella

Part 2 Chemistry

Concentration of chemicals possibly dangerous to human health

Carcinogens

Disinfection products

…

Dr. K. Luden

§9 Guidance document

General information

Invariably every single time a limit value is exceeded (plausibility of the results critically reviewed) immediately the question whether this poses a risk to human health has to be answered

All decisions by the health office have to be based on that

§16 of the German DW-ordinance requires action plans for derogations

Disruption of a water should be an emergency measure only

Dr. K. Luden

§9 Guidance document

Dangers of an interruption of the water supply

Incalculable epidemic risk due to non sufficient supply of water for hygienic matters (body hygiene, laundry, dishwashing or sewage system)

Risk due to lack of water for firefighting

The more people are affected by the interruption the higher the potential hazard and damage to be balanced against the potential benefit

Dr. K. Luden

Indicator parameters

Limit value exceeded for microbiological indicator organisms:

? Is there a potential danger to human health?

yes > act as described for E. colino > measures for identifying the cause and eliminating it, legal constraints, derogation permit

Examples:

Colony counts

C. perfringens

Turbidity

Dr. K. Luden

Colony counts

Abnormal change:

Health authorities and water company investigate the cause and decide on necessary measures e.g. flushing of the pipesincrease of concentration of disinfection chemicalsfurther investigation of additional parameters like potentially pathogenic organisms like P. aeruginosa, Aeromonads, Legionella)

Dr. K. Luden

C. perfringens

Confirmed detection of C. perfringens: Even with chlorination occurrence of Cryptosporidia,

Giardia or Viruses not excluded Immediate investigation on cause and its elimination Possibly analysis for Cryptosporidia and Giardia Analysis of fecal indicators in the source water

advisable boiling of water should be recommended or bottled

water should be used as foodstuff (10 to 30 Cryptosporidia cysts and 3 to 5 Giardia cysts per100 l can cause an outbreak)

Dr. K. Luden

E. coli, Enterococci (Coliform bacteria)

Coliform bacteria: Without potential hazard to human health Not an undisputable evidence of fecal contamination Nevertheless unwanted contamination therefore

identification of the organism necessary Investigation of the cause (e.g. with the help of an

institute for hygiene) Measures for continuation of water supply

Dr. K. Luden

E. coli, Enterococci (Coliform bacteria)

E. coli and Enterococci:

Limit value exceeded: always potential risk to human health given

Switch to a different water supply if possible Disinfection (may be not sufficient for Cryptosporidia,

Giardia, C. perfringens and some viruses) and information of the public,

boiling for 3 minutes as a measure of self protection If disinfection not possible: restriction of use (boiling,

toilet…) If those measures are not sufficient: interruption of

water supply (only in extreme situations)

Dr. K. Luden

Pathogens

Pathogens posing a hazard to human health:

Possible causes:direct influence of manureaccidents or catastrophesdirect connection between drinking water and sewage pipes…

If there is only an isolated detection of a pathogen plausibility of the test result should be confirmed by another lab or repeated analysis

Procedure as for E. coli

Dr. K. Luden

Legionella

The technical specifications of DVGW and a publication dealing with Legionella in hospitals etc. are referred to

Dr. K. Luden

Chemistry

Tables with maximum parametric values concerning toxic concentrations specific for adults or infants and small children

Distinguished between compounds with or without a threshold effect

Dealing with potentially carcinogen compounds

Questions:

Is there a hazard to human health?

Is the hazard “bigger” than from interruption of the water supply?

What measures for protection (alternative water supply)?

Dr. K. Luden

Example

Several incidences of coliform bacteria within the distributions system of a water supplier (city of 50.000). Also higher total plate counts than usual.

Hazard to human health?

Where is the source of the contamination?

What measures have to be taken?

Dr. K. Luden

Example

An “ancient” water tower (1897) was identified as source of the contamination: dead flies on the surface of the waterbody

Some of the coliforms were identified as potentially pathogenic (E. chloacae and S. marcescens): boiling recommendation

Dr. K. Luden

Example

Problem Measures

Dead flies on water surface remove/cleaning of sides in zone of water level higher colony counts

Old pipes no air/water flushing possible

Flushing in direction towards the tower (change of flow direction) higher colony counts

Shutdown of the water tower for cleaning and disinfection not possible, needed for maintaining pressure in the pipes of the city

New water works, pressure maintaining pumps needed time during which a continuous overflow was maintained

Derogation for several months until pumps were installed.

Dr. K. Luden

Example 2Problem Measures

Within a water supply zone (city) several occurrences of coliform bacteria in monitoring results. Sporadic in a storage tank at the water works

Boiling recommendation as well as flushing and pressure tests in the piping

Cleaning and disinfection of the tank

Samples were taken at hydrant below the surface

Chose more reliable sampling points (e.g. behind the water meter in households)

Fair area between the water works and the affected area.

area was disconnected from the water supply (high stagnation times reflux possible…)

Flushing and installation of devices to prevent reflux into the pipes

Dr. K. Luden

Thank you for your attention!