Agenda item

(Environment Portfolio Holder) To consider the attached report (C-029-2015/16).

(1)        That a permanent new post of Water and Pollution Control Officer be created to enable the Council to meet its statutory duties in respect of water quality and pollution control;

(2)        That a growth bid in the sum of £36,650 for the Continuing Services Budget in 2016/17 be agreed; and

(3)        That a supplementary estimate for the Continuing Services Budget in the sum of £10,000 for 2015/16 be recommended to the Council for approval.

The Environment Portfolio Holder presented a report on the creation of a new Water and Pollution Control Officer post.

The Portfolio Holder stated that the Private Water Supplies Regulations 2009 (PWSR) were implemented to meet the UK’s obligations under the revised European Union (EU) Directive 98/83EC. The regulations placed a number of additional statutory requirements on Local Authorities and consequently increased the burden on both staff and financial resources. At the time the PWSR were introduced, it was decided by the Council to try and implement the new provisions within existing staff and budgetary resources. Despite the commitment and concerted effort made to try and get the work done, this had not been possible.

The Portfolio Holder informed the Cabinet that the Council had been identified by the Drinking Water Inspectorate (DWI) for failing to meet its statutory obligations. The Inspectorate had said that, in the event the EU fine the UK for failing to meet the relevant directive, it might look to the Local Authorities who had not met their obligations under the PWSR to cover the cost of any infraction. Officers had met with the DWI in order to discuss the challenges that the Council was faced with regards to the nature of the private water supplies within the District and to demonstrate its commitment and proposed remedial strategy to meet its obligations. If the Council was to meet its statutory duties with regards to private water supplies and other pollution related work, as well as reduce the potential risk of both reputational and financial penalties, an additional member of staff was required.

The Portfolio Holder reported that, in order to fund the new post at Grade 7 from April 2016, a growth bid for the Continuing Services Budget in the sum of £36,650 was being sought. In addition, a supplementary estimate in the sum of £10,000 for 2015/16 was also being requested in an effort to progress the recruitment process and have the new Officer in post from January 2016.

In response to questions from the Members present, the Assistant Director of Neighbourhoods (Technical Services) stated that he did not know the precise number of statutory notices that had been issued against the Council, but would ascertain the exact number and inform Members at a later date. The sampling had to be carried out during the day between a Monday and Friday as a number of sites were business sites and this would indicate normal usage.

Decision:

(1)        That a permanent new post of Water and Pollution Control Officer be created to enable the Council to meet its statutory duties in respect of water quality and pollution control;

(2)        That a growth bid in the sum of £36,650 for the Continuing Services Budget in 2016/17 be agreed; and

(3)        That a supplementary estimate for the Continuing Services Budget in the sum of £10,000 for 2015/16 be recommended to the Council for approval.

Reasons for Decision:

There were serious public health and environmental issues posed by defective and sub standard private water supplies and drainage systems particularly on many horticultural sites within the District. The Council had not been able meet the requirements of the Private Water Supplies Regulations 2009 and therefore had failed in its statutory duties. It was not possible to absorb the work within existing resources.

Other Options Considered and Rejected:

To continue to try and absorb the work within existing resources.

To offer overtime to existing staff to carry out the work.

To continue with the existing arrangement of employing a temporary officer from an agency for 16 hours a week.

To employ an alternative temporary officer from an agency but increase the contract to 36 hours a week.

To commission a consultant to carry out all the initial risk assessments associated with  private water supplies and then review the position.

To employ an officer for a fixed term (3 years) and then review the position.