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Water Crisis Repercussions - what now for those at an economic loss?

After 5 months, Galway's boil water notice has been lifted. Water in the city and county has been deemed drinkable by city and council engineers, along with health service officials.

The boil water notice has been in place since March 2007, following an outbreak of cryptosporidium in the water supply. Cryptosporidium is a waterborne parasite which causes cryptosporidiosis, an illness that lasts an average of two weeks and sufferers experience diarrhoea, abdominal cramping, weight loss and dehydration.

In the five months that the ban has been in place, businesses have been using bottled water and employing extra staff to boil water for day-to-day use. It has also been widely reported that the tourism industry has been adversely affected as a result of the contamination because of cancellations.

But with the immediate threat of cryptosporidium gone, what now for those who are at an economic loss as a result of the contamination crisis? Businesses and individuals who have been adversely affected must now evaluate their unique situation and quantify the damages that may have resulted from the contamination.

It seems inevitable that proceedings will be instituted against those responsible for providing the citizens and businesses of Galway with clean, drinkable water.

From a legal perspective, the following obligations are imposed on the Department of the Environment, all Local Authorities and any independent contractor engaged for the purposes of monitoring, supervising and maintaining a water treatment plant:

(i)Take the necessary measures required to ensure that water intended for human consumption is wholesome and clean

(ii)To ensure that it is free from any micro-organisms and parasites from substances which in numbers or concentrations constitute a potential danger to public health. In this instance, Section 4 (1) of the European Communities (Drinking Water) Regulations requires water to be wholesome and clean, free from micro-organisms and parasites and at a level or concentration that does not constitute a potential danger to public health.

In addition, under Section 20 of the Local Government (Water Pollution) Act, 1990, there is an obligation in very strict circumstances for civil liability to be imposed in relation to pollution of waters that cause injury, loss and damage. In addition, the risk associated with turbidity (cloudiness or haziness of water caused by individual particles that are generally invisible to the naked eye, thus being like smoke in air, i.e., phytoplankton) needs to be ascertained to determine whether legal responsibility may rest with Galway County Council, Galway City Council, the Minister for the Environment, and others. If these entities, their agents or their employees should have been aware of such a risk and failed to address this risk, and if the consequences of failure to do so was the transmission of Cryptosporidium, then legal liability will arise. Details of measurements at each water treatment plant need to be made available for public consideration.

The outbreak of cryptosporidiosis and the contamination of public water supplies with the parasite give a clear indication that those responsible for providing the businesses and residents of Galway with clean water have failed in that duty.

For further information, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. A solicitor who specialises in this area will contact you to advise you of your legal rights and entitlements.

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