Transcript Presentation Overview - BC Ground Water Association

Ontario’s Legislative
Framework for Groundwater
Presentation to CanWell 2004 Conference
April 23/04, Kelowna, BC
Matt Uza, Senior Policy Analyst
Water Policy Branch
Ontario Ministry of the Environment
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Presentation Overview
• Ontario Water Resources Act
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Wells Regulation
• Safe Drinking Water Act
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Drinking Water Systems Regulation
• Source Water Protection Framework
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Ontario Water Resources Act (OWRA)
• Promulgated in early 1960s
• General provisions re powers, offences, appeals, orders,
and regulation-making
• Water Taking (enables permitting for amounts > 50,000 l/d)
• Wells (well permit, contractor license, technician license)
• Water and Sewage Works (approval of works)
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Regulations Under OWRA
Wells (Regulation 903)
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amended in 2003
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supports Walkerton Inquiry recommendations
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improved rules for well construction, abandonment and
for licensing/training of contractors and technicians
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Types of Wells Addressed
Old 903 Requirements:
Amended 903 Requirements:
• Did not address non-water
wells (e.g. test holes &
dewatering wells)
• Covers all wells included in OWRA
definition of “well”
• Did not address sand point
wells constructed by
homeowners
• Did not address municipal
and high production wells
• Clarification of rules and exemptions
for test holes & dewatering wells
• Allows certain test holes and dewatering wells less than 3m deep to
be “shallow works” and exempt from
most requirements
• Clear requirements for jetted and
driven (i.e. sand point) wells
• Some new standards for high yield
wells and double wall casing
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Updated Training & Licensing
Old 903 Requirements:
Amended 903 Requirements:
• Training course not required for
well technician license
• Well technician license applicants
must take MOE-approved training
course of at least 30 hrs AND
4,000 hrs relevant work
experience
• Applicants for well technician
license must have 6 months
experience AND 24 months work
experience or education
• No continuing education requirements for license renewal
• Well contractor insurance
requirements: minimum $200k
total liability per incident
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• 21 hrs of continuing education
over 3 years required for license
renewal
• Insurance requirements
increased to reflect current
claims: minimum $5,000,000 total
liability per incident
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Improved Reporting & Tracking
Old 903 Requirements:
Amended 903 Requirements:
• The person constructing a
well must record general
information about the well
on a form supplied by MOE
• Person constructing or abandoning
a well must provide an accurate
description of the well, including:
• Location of well recorded
on only general terms, eg
lot and concession, sketch
• No tag or other identifying
markings on wells
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• exact geographic co-ordinates
from GPS unit
• prepare a log of the geological
materials using simplified standard
materials list
• Placement of well tags to improve
tracking, compliance, monitoring
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New Outreach to Well Owners
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Old 903 Requirement:
Amended 903 Requirement:
• No information provided to
owner concerning their
responsibilities for well
stewardship
• Contractor must provide owner
with MOE-approved Well
Owner Information Package
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Updated Construction Standards
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Old 903 Requirements:
Amended 903 Requirements:
• Secure well cap preventing
entry of surface water or
foreign materials.
• Construction of higher risk
shallow dug wells using nonwater tight cement tiles not
prohibited.
• Permissible sealants for space
surrounding casing subject to
shrinking & cracking (e.g. noncommercial clay slurry).
• Only ½ metre of sealant, 2.5
cm thick around casing.
• Well cap also “commercially
manufactured and vermin-proof”
• Allows new casing material to
be used (fibreglass).
• All casing must be continuous
and water-tight.
• Sealants must expand to create
a permanent watertight seal.
• A minimum of 6 metres of
sealant, 3.8 cm thick around
casing.
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Updated Construction Standards (cont.’d)
Old 903 Requirements:
Amended 903 Requirements:
• Well pits permitted, creating
potential for contaminated
surface water ponding over
wellhead.
• Well pits not allowed
• Chlorine dose for well
disinfection set at a
minimum of 250 mg/l.
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• Chlorine dose for well
disinfection set at new standard
of 50 mg/l over 12 hours in line
with scientific study.
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Well Abandonment
Old 903 Requirements:
Amended 903 Requirements:
• Wells may be plugged with
any “suitable” material
• Requirements for 3 different
diameters of well
• No methodology provided
• Special requirements for flowing
wells
• Clear methodology prescribed
• More stringent requirements for
plugging materials
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How is Ontario Supporting Implementation of
the Amended Wells Regulation?
• Well Technician Training Program (Sir Sandford
Fleming College)
• Well Owner Outreach (Well Aware Campaign)
• Well Tagging System (WHI)
• Wells Research Partnership (CRESTech)
• Discover 903 Information Workshops (OGWA)
• New Ministry Publications on Wells
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New Ministry Well Publications
• ‘Well Aware’ Video and Booklet
• Well Tag Booklet
• New Fact Sheets (reflect amendments)
• Medical Officer of Health Well Information Kit
• Laypersons Guide to Regulation 903 (pending)
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Safe Drinking Water Act (SDWA)
• Walkerton Outbreak (May 2000)
• Interim Drinking Water Regulations under OWRA
• Part 2 Report of Walkerton Inquiry (May 2002)
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Recommendation 67: “The provincial government
should enact a Safe Drinking Water Act to deal with
matters related to the treatment and distribution of
drinking water”.
• SDWA received royal assent in December, 2002
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Regulations Under SDWA
• Drinking Water Systems (Reg. 170/03)
• Ontario Drinking Water Quality Standards (Reg. 169/03)
 enforceable health-based standards
• Drinking Water Testing Services (Reg. 248/03)
 licensing of drinking water laboratories
• Schools, Private Schools and Day Nurseries (Reg. 173/03)
 flushing of plumbing to protect children
• Other “administrative” regulations
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Regulation 170/03 - Overview
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System Categories
GUDI
Treatment
Approval/Certification of Systems
Operational Checks
Microbiological Testing
Chemical Testing
Adverse Conditions
Corrective Actions
Record Keeping/Retention
Public Access to Information
Reporting
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Categories of Drinking-Water Systems
• Municipal
– large residential (>100 private residences)
– small residential (6 to 100 private residences)
– large non-residential (e.g. airport, industrial park)
– small non-residential (e.g. community centre)
• Non-Municipal
– year-round residential (e.g. subdivision, mobile home pk)
– seasonal residential (e.g. trailer park, cottage system)
– large non-residential (e.g. industry, large school/hospital)
– small non-residential (e.g. restaurant, motel, school)
individual homes (<6) and small workplaces not regulated
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Treatment - Equipment
• Groundwater
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primary disinfection capable of 99 percent removal/
inactivation (R/I) of viruses.
• Surface Water
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chemically-assisted filtration and primary disinfection
(or equivalent) capable of 99, 99.9, 99.99 percent R/I
of crypto, giardia, viruses respectively.
• Distribution System
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chlorination or chloramination capable of achieving
chlorine residuals of 0.2 mg/l (free) or 1.0 mg/l
(combined) throughout the system, as case may be.
All equipment to be designed/certified in accordance with “Procedure
for Disinfection of Drinking Water in Ontario”
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Groundwater Under Direct Influence Of
Surface Water (GUDI)
• A GUDI system is deemed to be a surface water system
for purposes of the regulation.
• The regulation deems certain types of systems to be
GUDI based on well characteristics, type of aquifer,
distance from surface water etc.
• A deemed GUDI system can be “undeemed” if valid
reasons are presented a report written by a professional
engineer or hydrogeologist (for municipal residential
systems which require approval, Ministry must agree)
• Above report must be retained by owner for 15 years
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Deemed GUDI Systems
1) Systems that obtain water from a well:
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that is not a drilled well;
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that does not have a watertight casing extending to a depth of 6 m;
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for a system not capable of 0.58 l/s (50,000 l/d):
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is within 15 m of surface water
for a system capable of at least 0.58 l/s (50,000 l/d):
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within 100 m of surface water (overburden)
within 500 m of surface water (bedrock)
2) Systems that obtain water from an infiltration gallery
3) Systems showing evidence of surface contamination
4) Systems with report concluding that raw water is GUDI
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Application for Relief from Treatment
• Only available for groundwater-based systems
• Accomplished through a condition in a Ministry approval
• System owner must conduct public consultation and
document proceedings
• Municipal residential systems require an assessment by
a Professional Hydrogeologist and Council resolution
• Systems other than municipal residential require an
assessment by a Professional Engineer (P. Eng.)
• Ministry must agree with assessment before approving
• System owner must re-apply for relief every five years
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Content of Hydrogeologist’s Assessment
• Assessment of well(s), relevant aquifers, well head
protection, and existing/anticipated land uses;
• Results of previous 24 months of all regulatory testing;
• Summary of any health issues/concerns related to the
system that were identified by local Medical Officer of
Health (MOH);
• Written statement confirming consultation with local MOH
and request for info from MOH related to the system.
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Content of Engineer’s Assessment
• Raw Water Characterization
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results of prescribed 24 month raw water microbiological testing program;
results of all other microbiological testing done in previous 24 months;
results of any tests showing past evidence in raw water of viruses,
chlorophyll a, protozoa, macro-organisms
written statement confirming no significant or rapid shifts in pH, turbidity,
temperature, conductivity, NO3/NO2 for raw water
• Assessment of microbiological risk wrt well construction, well head
protection, distribution system (DS), any connections from DS to
plumbing;
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Content of Engineer’s Assessment (cont.’d)
• System operation/maintenance plan related to managing
microbiological risk;
• Summary of health issues/concerns related to the system
that were identified by local MOH
• Written statement confirming consultation with local MOH
and request for info from MOH related to the system
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Source Water Protection Framework
What is Driving This?
• Part 2 Report of Walkerton Inquiry made 22 recommendations relating
to source water protection.
• SDWA regulates 4 of the 5 components of a multi-barrier approach to
drinking water protection (treatment, distribution, monitoring, response)
• Source water protection is the fifth component.
• Recognition that supply is not unlimited (climate change, growth in
southern Ontario)
• Recognition that water is undervalued (charges levied on timber or
minerals on Crown land)
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Source Water Protection Framework
White Paper Consultation on source water
protection held for public and stakeholders across
Ontario in March, 2004 to consult on:
• proposed legislative approach
• enhanced management of water taking
• charging for water
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Proposed Source Protection Legislation
• Key components of legislation may include:
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watershed-based source protection plans (terms of
reference, public/stakeholder input, responsibility and
oversight, approval of plans, appeals);
establishment of/amendments to watershed boundaries;
organization of watersheds into “watershed regions” to
gain efficiencies;
governance (e.g. establishment of necessary local
boards and committees).
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Management of Water Takings
• Potential Direction:
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enhanced notification by permit applicant to potentially
affected parties and the public;
commit to improving the science behind the assessment
of proposed water takings;
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monitoring and reporting of water use;
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better guidance for permit applicants.
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Water Taking Charges
Ontario committed to charging for commercial use
• Issues:
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trade implications?
charge variability by volume thresholds, type of
source, consumptive uses, geographic location?
exempted uses (e.g. fire protection, drinking,
livestock)?
frequency of payment?
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More Information?
Ontario Ministry of the Environment Website
www.ene.gov.on.ca
Ontario Statutes and Regulations Website
www.e-laws.gov.on.ca
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