Small Drinking Water Systems Program

December 2008

These materials are provided for informational purposes only, and should not be taken as legal advice. For a complete understanding of the legal obligations under O. Reg. 318 and O. Reg. 319 under the Health Protection and Promotion Act, you should consult with a lawyer.

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Background

June 2003

• Ministry of the Environment (MOE) Drinking Water Systems Regulation (O. Reg. 170/03) came into effect under Ontario’s Safe Drinking Water Act (SDWA)

December 2006

• As part of Bill 171, Health System Improvements Act (HSIA), the Ontario government announced proposed transfer of legislative responsibility for five categories of small drinking water systems from MOE to Ministry of Health and Long-Term Care (MOHLTC)

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SDWS transfer

The SDWS transfer is part of the government’s commitment to ensure that all Ontarians have continued access to safe drinking water

June 4, 2007

• Bill 171 (HSIA) passed and received Royal Assent; resulted in amendments to SDWA and Health Protection and Promotion Act (HPPA) to allow for transfer of oversight for Ontario’s small drinking water systems to MOHLTC

December 1, 2008

• Schedule D of HSIA proclaimed; two new regulations under HPPA in force and SDWS program officially transferred from MOE to MOHLTC

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Introduction

• Responsibility for legislating Small Drinking Water Systems (SDWS) is now with MOHLTC and local public health units, under the Health Protection and Promotion Act

• The transfer occurred through implementation of two separate regulations:

• Ontario Regulation 318/08 (Transitional – Small Drinking Water Systems)

• Ontario Regulation 319/08 (Small Drinking Water Systems)

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How do the two small drinking water systems regulations work?

• A drinking water system previously under O. Reg. 252/05 became a small drinking water system under O. Reg. 318/08 (Transition – Small Drinking Water Systems) under HPPA on December 1, 2008

• O. Reg. 318/08 is very similar to O. Reg. 252/05 • Same water sampling requirements and response to operational

conditions• Basic requirements to be complied with until the small drinking water

system has been inspected by the local public health inspector

• Once an inspection has been conducted and a directive issued by a public health inspector a system owner / operator will be expected to comply with requirements of the directive and O. Reg. 319/08

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Are you operating a small drinking water system?

If you operate a:

• System that serves a residential development, trailer park or campground with six or more connections which does not operate year-round with at least one closure period of 60 consecutive days

• System that provides drinking water to a facility where access is given to the public and is part of a permanent facility

• System other than any of the above that provides greater than 2.9 litres of water per second as drinking water

• See exceptions on slide 8

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Examples of small drinking water systems

• Municipally owned sports facilities, parks, arenas, recreation centres

• Privately owned resorts, marinas, churches, mosques

• Food service premises

• Places that operate primarily for the purpose of providing overnight accommodations to the traveling public such as motels, hotels, B&B’s

• Where a service club or fraternal organization meets on a regular basis

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Are you operating a small drinking water system?

You do not operate a SDWS if you are a:

• Year-round residential facility; trailer park or campground with six or more connections or a designated facility (e.g., health care facility, school – see regulations for a complete definition)

• System that provides drinking water to a facility where access is given to the general public but is part of a temporary / transient facility

• System other than any of the above and provide less than 2.9 litres of water per second as drinking water

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What is a site specific risk assessment?

A visit / inspection by a public health inspector to determine the risk category of a particular system by:

• Making direct observations of the system components, equipment, distribution system, the site and the surrounding property

• Reviewing documentation pertaining to the operation of the system such as owner’s manuals for equipment, well records, etc.

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What is a site specific risk assessment?

• Interviewing the owner / operator to determine experience and competencies in operating the small drinking water system

• Reviewing historical water sample test results, if available

• Completing the questionnaire through the Risk Categorization Tool (RCat)

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What is the RCat and risk categorization?

The RCat applies a general questionnaire to determine the risk category of a small drinking water system. The questions are listed under the following headings.

• Part 1 – General Information• Part 2 – Source• Part 3 – Treatment• Part 4 – Distribution• Part 5 – Flow Diagram• Part 6 – Grading System

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What is the RCat and risk categorization?

Risk Category for Small Drinking Water System

High = Significant level of risk

Medium = Moderate level of risk

Low = Negligible level of risk

Grade for Source and Treatment Criteria

A B C D

Grade for Distribution

Criteria

a

b √c

d

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What is a directive?

• A directive is a document that outlines the operational requirements that must be followed by the owner / operator of a SDWS

• This document is issued pursuant to Section 7 of Ontario Regulation 319/08 (Small Drinking Water Systems)

• A directive is issued to an owner / operator on completion of a site specific risk assessment or other inspection process conducted by a PHI

• A directive is a legal document and should be kept for the life of the SDWS

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How does a PHI arrive at the specific requirements in a directive?

• Uses O. Reg. 319/08 (Small Drinking Water Systems) and associated program guidance documents

• Site observation

• Information collected from the site visit and your input

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When is a directive issued to the owner and how long does it last?

• Issued to the owner after a site specific risk assessment is completed by a public health inspector

• The directive is legally binding on the owner of the small drinking water system as well as any subsequent owner

• The directive is in force for as long as the small drinking water system is in operation

• Amendments can be made as required

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What if there is disagreement between the owner and the public health inspector about the requirements in a directive?

Section 38 of O. Reg. 319/08 allows owners the opportunity to request a review by the local medical officer of health (MOH) within seven days after a directive or an amendment to a directive was issued

Requests must be in writing and include:

• The portions of the directive or of the amendment to a directive to be reviewed

• Any submission that should be considered by the MOH

• Address for purpose of receiving MOH’s decision

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How will public health staff monitor compliance of the regulations and directives?

• Reviewing water sampling test results submitted to commercial laboratories

• Lab results are uploaded into the Laboratory Results Management Application (LRMA) where they are monitored by the public health inspector

• Response to adverse water quality incidents, complaints, inquiries

• Integration with other responsibilities of the public health inspector

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Establishing water testing history

• One of the important pieces of information the public health inspector will be looking for is a history of water testing

• Owners who did not test their water in the past may decide to begin establishing their water testing history

• SDWS owners must contact an accredited licensed lab to submit water samples for testing

• Test results that are adverse are immediately reported by the laboratory to the SDWS owner, the local public health unit and the MOHLTC

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Ongoing water testing

• Depending on the outcomes of the risk assessment, a system owner will be required to conduct periodic water testing to be submitted to an accredited licensed lab

• Owner submits water samples with their system number and labs report back results to a common water test information system

• Results are provided to the owner so that they may adjust and respond to system needs as required

• Labs will also trigger the Adverse Water Quality Incident (AWQI) process when an AWQI result occurs

• For a current list of laboratories licensed to perform drinking water testing in Ontario, please visit the MOE website at the following link: http://www.ene.gov.on.ca/en/water/sdwa/licensedlabs.php

• Or call the MOE Public Information Centre at 1-800-565-4923

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Ongoing Inspections

• Frequency of subsequent routine site specific risk assessments

• Risk assessments will be conducted at a minimum every two years for high risk systems and every four years for low and moderate risk systems

• Subsequent SDWS inspections may also occur as a result of complaints, AWQI and follow-up to issues identified in previous inspections

• Observed changes to the system may require another risk categorization to be conducted

• Inspection reports are provided to the owner of any orders, directives or changes required to maintain compliance

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Operator Training

• PHI will determine if the type of operator training is appropriate and will recommend supplementary training options, as required

• At a minimum, training should include an awareness of normal operations of the system in order to respond appropriately to an adverse test result or other conditions that may affect the safety of the water

• An owner is responsible for ensuring proper training is provided for operators of a SDWS

• Training requirements for the SDWS for which you are responsible may include any or a combination of the following:

• personal consultation with a PHI or local health department staff;• educational material provided by your local health department staff;• training provided by equipment or treatment system providers;• other approved training provided by Ministry of the Environment.

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SDWS – Program Overview

IdentificationSite Specific

Risk Assessment

AWQI

Communications

Compliance Monitoring

• Identify the system• Ensure it is under O.Reg.318/08 • Gather information about the system • Issue a SDWS ID#

Other Inspections

• Operator submits regulatory samples to lab • Operator required to submit at a frequency based

on directive• Sample results uploaded to LRMA by private lab

• PHI to monitor sampling requirements through LRMA • PHI follow up with non-compliant owner/operators

• Lab responsible for contacting operator, PHU and MOHLTC

• PHI responds to AWQI• LRMA will collect AWQI information

Sampling Requirement

• May be completed as a result of an AWQI, compliance issue, complaint or other reason

• May result in a corrective action, directive or in providing information to the operator.

Communications

Communications

Communications

• Required for each system• Results in a risk category and issuing a directive• Directives will include site specific requirements

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Where can I learn more about the SDWS program?

SDWS owners/operators and members of the public may contact their local public health unit to request:

• Information about owners’ and operators’ responsibilities for keeping water safe, risk assessment and guidelines on water sampling and maintenance

• Local implementation of the SDWS program

• SDWS identification number under the new program

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Links to information on the SDWS programs

Additional information is available on the following Ontario government websites:

• Acts and Regulations: http://www.e-laws.gov.on.ca/index.html

• Ministry of Health and Long-Term Care (MOHLTC): http://www.health.gov.on.ca/english/public/program/pubhealth/safewater/safewater_resources.html

• For a current list of local PHU to obtain information regarding the SDWS Program: www.health.gov.on.ca/english/public/contact/phu/phuloc_mn.html

• Ministry of the Environment (MOE): http://www.ene.gov.on.ca/en/index.php

• Ministry of Agriculture, Food and Rural Affairs (OMAFRA): http://www.omafra.gov.on.ca/english/