59Procedure for responding to non-compliance with microbiological parameters

59 Procedure for responding to non-compliance with microbiological parameters (1) This regulation applies if an aquatic facility operator is notified by an initial laboratory report that any sample of water taken from the aquatic facility does not comply with the microbiological parameters set out in regulation 49. (2) Within 24 hours of receiving a notification, the aquatic facility operator must ensure that the following procedure is implemented— (a) corrective action is taken to bring the water quality within the microbiological parameters set out in regulation 49; (b) any water quality risk management plan required under the Water Quality Guidelines that is in place for the aquatic facility is reviewed; (c) any faults are corrected; (d) any changes necessary to prevent a re‑occurrence of those faults is implemented. (3) Within 48 hours of receiving a notification, the aquatic facility operator must ensure that a further sample of water is taken from the aquatic facility and provided to a laboratory to assess compliance with the microbiological parameters set out in regulation 49. (4) Within 24 hours of receiving a report from a laboratory with the results of the testing undertaken in accordance with subregulation (3), the aquatic facility operator must notify the Council of the test results. (5) If a laboratory has tested a further sample of water in accordance with subregulation (3) and reports that the sample of water does not meet the microbiological parameters set out in regulation 49, the aquatic facility operator must ensure that the steps set out in subregulations (2) to (4) are repeated within 24 hours of receiving the laboratory report. (6) If a laboratory has tested a further sample of water in accordance with subregulation (5) and reports that the sample of water does not meet the microbiological parameters set out in regulation 49, the aquatic facility operator must ensure the aquatic facility is closed and not operated until the water in the aquatic facility complies with the microbiological parameters set out in regulation 49. (7) Within 24 hours of closing the aquatic facility, the aquatic facility operator must notify the Council in writing of the closure.