I.-When the corrective measures taken in application of article R. 1321-27 do not enable the quality of the water to be re-established at the point of compliance defined in 1° of article R. 1321-5, the person responsible for the distribution of water submits a request to the Prefect for a derogation from the quality limits, relating to the chemical parameters, defined by the order mentioned in article R. 1321-2.
The derogation is limited to the following cases:
1° A new resource is used for the production of water intended for human consumption;
2° A new source of pollution is detected in the catchment area used for the production of water intended for human consumption, or chemical parameters have recently been investigated or detected;
3° An unforeseen and exceptional situation has arisen with regard to a resource already used for the production of water intended for human consumption, which may lead to slight temporary breaches of quality limits.
II – The granting of a derogation by the Prefect, on the report of the Director General of the Regional Health Agency, is subject to the following conditions:
1° The report by the Director General of the Regional Health Agency establishes that the use of the water does not pose a risk to people’s health;
2° The person responsible for water distribution provides proof that there are no other reasonable means of maintaining the distribution of water intended for human consumption in the area concerned;
3° An action plan for corrective measures to restore water quality is drawn up by the person responsible for water distribution.
III – The provisions of this article do not apply to water sold in bottles or containers and to the water mentioned in 2° of I of article R. 1321-1.
The duration of this derogation, renewable under the conditions defined in article R. 1321-33, is as limited in time as possible and may not exceed three years.
An order by the Minister for Health defines the procedures for applying this article and in particular the composition of the application for exemption.