It is a criminal offence under section 174(3) of the Water Industry Act 1991 to connect unauthorised equipment to the water network to ensure the integrity of the water supply and for the protection of public health. Authorised licensed standpipes are available in some cases through authorised third-party providers (e.g., Aquam), or directly from the relevant Water Company for the area.

Authorised and licensed standpipes are designed to meet industry standards, and include Double Check Valves (DCV) to prevent the backflow of dirty water into the network, and meters to accurately measure water usage. These features ensure that water is delivered safely and efficiently, reducing the risk of damage to the network and ensuring compliance with the regulations.

The legal consequence of using an unauthorised standpipe is prosecution, which can result in significant fines and legal costs. Drains Limited were prosecuted for three offences for unauthorised use of standpipes, and fines totalling £4,500 together with legal costs of £4,656 issued.

The risks of connecting unauthorised equipment to the water network include:

1. Contamination: Unauthorised equipment may not meet the necessary storage or safety standards, leading to the potential contamination of the clean water supply.
2. Backflow Risk: Approved standpipes include double check valves to prevent dirty water from entering the network, a critical safety measure that unauthorised connections lack.
3. Pressure and Supply Issues: Improper installation can cause pressure fluctuations or disruptions for other users.
4. Leakage: Unauthorised use is classified as leakage, which water companies are required to monitor and report to Ofwat. Failure to address this can result in fines.
5. Health and Safety: High-pressure mains can pose serious risks of injury if equipment is not properly installed or maintained.
6. Asset Damage: Unauthorised connections can damage Water Companies infrastructure.

Whilst it is frequently subcontractors that are being employed to undertake investigation works that are utilising standpipes, the use of unauthorised equipment presents the additional risk of reputational damage to the main contractor. It would be prudent to confirm at the outset of any investigation that all subcontractors are using authorised connections and have the correct training/certification (CALM Networks). Further, Contractual clauses could be utilised to reinforce the requirement for licenced apparatus and trained operatives.

References:

<https://www.getsurrey.co.uk/special-features/ses-water-successfully-prosecutes-lanes-21635036>

<https://www.aquamcorp.co.uk/>

<https://www.legislation.gov.uk/ukpga/1991/56/>

<https://www.aquamcorp.co.uk/calm-networks-training>

Article by Neil Griffiths, Commercial Manager at Geotechnics and Peter Plumpton, Ground Investigation Estimator at SOCOTEC.