Protecting our Drinking Water from Source to Tap: Checks and Balances

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Protecting our DrinkingWater from Source to Tap
Checks and Balances
Ontario Environmental Network Fall Conference and
Annual General Meeting W is for
Water Fingal, Ontario October 28, 2006

• Jim Smith
• Chief Drinking Water Inspector
• Drinking Water Management Division
• Ontario Ministry of the Environment

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Presentation Outline

• Safeguarding our Drinking Water
• Partnerships and Shared Responsibility
• Checks and Balances
• Ontarios Source-to-Tap Safety Net
• Key Initiatives to Watch For

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Safeguarding our Drinking Water

• Over the last six years, the ministry has made
  fundamental shifts in our approach to
  safeguarding drinking water for all Ontarians.
• We have entered a new era for drinking water
  management in Ontario that builds on and fosters
  
• extensive consultation, transparency,
  accountability, partnerships, shared
  responsibility, and a cautious risk-based
  approach.
• The Government of Ontarios integrated source to
  tap approach is a reflection of scientific
  advancements, tragic lessons and important
  regulatory reforms.

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Safeguarding our Drinking Water

• OConnor 2002
• The goal of any drinking water system should be
  to deliver water with a level of risk so
  negligible that a reasonable and informed person
  would feel safe drinking the water. (OConnor,
  Report on the Walkerton Inquiry Part 2 page 74)
• Chief Drinking Water Inspector 2006
• Ontarios drinking water is safe and of a very
  high quality. Ontarians can have confidence in
  the quality of their municipal drinking water.
• Municipal residential drinking water systems are
  improving operational performance in meeting
  Ontarios stringent requirements.

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Ontarios Water Strategy

• Ontario is blessed with an abundance of fresh
  water resources, these water supplies are the
  cornerstone of the quality of life that we enjoy
  in Ontario.
• The government's plan to safeguard our water is
  based on an integrated, multifaceted strategy
• Prohibit large-scale diversions of water from the
  Great Lakes,
• Protecting our sources of drinking water from
  getting contaminated before they enter the
  drinking water systems (Clean Water Act, 2006)
• Ensuring solid, sustained investment in our
  drinking water infrastructure by leading the
  development of a water investment strategy.

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Shared Responsibility and Accountability

• MOEs commitment to fostering collaborative
  relationships, partnerships, consultation and
  local engagement has contributed to understanding
  and achieving drinking water safety.

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Checks and Balances

• Our key stakeholders form an interconnected
  system of checks and balances and ultimately play
  an important role in ensuring that our drinking
  water management system is robust.
• External key stakeholders also play a significant
  part in the ministrys ongoing efforts to achieve
  and maintain increased levels of transparency and
  accountability.

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Checks and Balances
Academia
Provincial Auditor
CELA
Chief Drinking Water Inspector
Medical Officers of Health
Ontario Legislature
Ontario Drinking Water Advisory Council
Owners and Operators
Media
Walkerton Clean Water Centre
Environmental Commissioner of Ontario
General Public
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Checks and Balances
Government of Ontario
Ontarios Drinking Water Safety Net
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Strengthening our Safety Net

• Justice OConnors Recommendations
• The governments commitment to safeguarding
  Ontarios drinking water is founded on the
  approach to drinking water protection embodied in
  Justice OConnors Report of the Walkerton
  Inquiry.

Checks Balances

• How MOE has/is responding
• Committed to fulfill all recommendations.
  Significant progress to date
• Source to Tap framework through Safe Drinking
  Water Act and Clean Water Act
• Mandatory inspections of municipal systems and
  laboratories
• Annual Report of the Chief Drinking Water
  Inspector 2005/06

• Areas of Improvement
• 121 comprehensive recommendations pertaining to
• source protection,
• system operations and management
• certification and training
• public reporting
• municipal and provincial responsibilities/oversig
  ht
• First Nations

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Strengthening our Safety Net

• Ontario Drinking Water Advisory Council
• At the request of the Minister, the Council
  undertook a review of O. Reg. 170/03 to identify
  ways to make it more workable for smaller,
  private systems. In 2005 the council released a
  comprehensive report detailing specific reforms
  to improve regulatory effectiveness.

Checks Balances

• Areas of Improvement
• O. Reg. 170 too costly and complex for smaller
  and private systems
• A need for a risk-based, site-specific approach
  for categories of systems
• Transfer responsibility to Public Health units
  (commercial/ institutional systems serving the
  public)

• How MOE has/is responding
• Technical amendments to O. Reg. 170
• Developed new risk-based approach to regulating
  the non-residential and seasonal systems.
• Working with MOHLTC to transfer responsibility to
  public health units.

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Strengthening our Safety Net

• Waterproof 2 Canadas Drinking Water Report
  Card
• On October 6, 2006, the Sierra Legal Defence
  Fund released its 2nd report card on the state of
  Canadas drinking water. Ontario received an A-
  (up from a B in 2001), the highest grade in
  Canada. We only hope other provinces will follow
  Ontarios lead.

Checks Balances

• Areas of Improvement
• Partial implementation of OConnor
• Explore alternative disinfection methods rather
  than chlorine
• Report comments on the uncertain state of
  provincial action on source protection.

• How MOE has/ is responding
• We are committed to implementing all of
  OConnors recommendations
• Ontario encourages use of alternative
  disinfection methods UV ozonation
• The government has passed the Clean Water Act,
  2006 this fall

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Strengthening our Safety Net

• Environmental Commissioner of Ontario - 2006
  Report
• On October 3, 2006, in his report entitled
  Neglecting our Obligation the Environmental
  Commissioner criticized the province for its
  neglect on the environment pointing to various
  areas of government inaction including water
  pollution.

Checks Balances

• Areas of Improvement
• Private wells improvement (Reg. 903)
• Criticism regarding an abbreviated public
  comment period for O. Reg. 252
• Lack of environmental education
• New regulation lowers many requirements designed
  to ensure safety

• How MOE has/ is responding
• We have adopted a number of the recommendations
  proposed by the Advisory Council on Drinking
  Water,
• Consultation on Ontarios drinking water
  regulations has been extensive,
• DWMD launching information Portal in fall 2006.

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Strengthening our Safety Net

• Media Recent Globe and Mail Article (June
  2006)
• Everyday the media is playing an increasingly
  important role in distributing information and
  shaping public policy. On June 1, 2006 the Globe
  and Mail published an article titled Walkerton
  is water under the bridge, thankfully.

Checks Balances

• Areas of Improvement
• High cost of implementing source protection
  planning
• Lack of funding and resources
• This is one of those rare occasions when
  government corrects the errors and omissions of
  the past and does it well. We should be grateful.

• How MOE has/ is responding
• Clean Water Act, 2006 (CWA) introduces a 7
  million financial assistance program, in
  addition to 120 million for CAs and
  municipalities
• The CWA will strengthen the safety net by
  increasing accountability and transparency.

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Ontarios Drinking Water Safety Net
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Evolution of the Safety Net

• Elements of the safety net existed prior to
  Walkerton
• Significant increases in the level of
  effort/oversight now provided to different
  elements of the safety net
• All elements of the safety net now viewed as
  equally necessary components of a multi-barrier
  approach
• Today the network also provides a framework
  ensuring transparency and accountability.

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Strong Legislation
Safety Net
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Statutory Standard of Care
Where We Are
Laboratory Licensing and Accreditation
Treatment and Testing Requirements
Inspections and Enforcement requirements
Operator Training and Certification
SDWA
Municipal System Licensing
Notification Reporting
Advisory Council on Drinking Water
Drinking Water Standards

• Key Regulation O. Reg. 242/05 Compliance and
  Enforcement
• Mandatory inspections for municipal drinking
  water systems and laboratories
• Ministry must take a mandatory action within 14
  days in response to finding a deficiency during
  an inspection,
• Within 45 days of completing an inspection of a
  municipal drinking-water system, a report is sent
  to specific persons such as owner/operator
  Medical Officer of Health
• Provides the public with the right to submit a
  request for Investigation if they believe that
  the SDWA has been contravened

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Clean Water Act, 2006
1

• The Clean Water Act, 2006 will
• Require municipalities and conservation
  authorities to map sources of municipal drinking
  water supply and vulnerable areas to prevent our
  water sources from being depleted or
  contaminated,
• Promote voluntary initiatives and require
  mandatory action where needed by empowering local
  authorities,
• Require broad public consultation across
  watersheds, to ensure transparency and
  accountability in the source protection process.

• A Risk-based Approach
• Identify vulnerable areas
• Identify threats and watershed issues
• Prioritize actions and develop appropriate risk
  management strategies

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Testing Central to the Safety Net
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• The water from Ontarios regulated drinking water
  systems is tested regularly for safety and
  quality, which includes
• Operational checks for turbidity, chlorine
  residual, equipment calibration, etc.
• Sampling and testing requirements for
  microbiological, chemical and other health based
  and aesthetic parameters
• Sampling and testing requirements have been
  designed to reflect the size/population served by
  the distribution system
• Integrity of test results ensured by requirement
  that laboratories be licensed and use accredited
  methods
• When test results show adverse water quality
  incidents, current regulations require immediate
  corrective action and notification of the
  ministry and the local Medical Officer of Health.

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Immediate Notification of Adverse Water Quality
Incidents
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Corrective Action
Resolution Report
Notification
Priority notifications trigger a field response
Reconciliation with Lab Results
Regulations
Verbal/Immediate
MOE (Inspectors)
Written
Local MOH

• Spills Action Centre (MOE)
• Local MOH
• Operator/ Owner
• Laboratories

Field Inspection
Information Management Drinking Water
Information Systems
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Stratford Incident Timeline
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Municipality calls SAC Immediate Notification
(3)
Safe Drinking Water Branch notifies local Health
Unit - Immediate Notification (3)
March 7/05 - Resident reports red foamy substance
in the water
City of Stratford begins flushing Corrective
Action (3)
Drinking Water Advisory issued
MOE inspector takes samples for analysis Timely
Testing (2)
Samples analyzed at licensed lab Licensing/
Training and Cert (4)
March 8 -Sample results reported to MOE -Timely
Testing (2)
Sample results uploaded to DWIS - Info Mgmt (7)
DWA downgraded to BWA
May 2006 - Stratford incident highlighted in CDWI
Annual Report Education and Outreach (8)
Spring 2005 - Incident referred to IEB for
Investigation (6)
March 9 -BWA rescinded
Charges laid under SDWA Strong Legislation (1)

• Safety Net Elements
• Strong Legislation
• Timely, Reliable Testing
• Immediate Notification of AWQI and Corrective
  Action
• Licensing, Training and Certification

• Comprehensive Inspection Program
• Investigation and Enforcement
• Integrated Data Acquisition and Info Mgmt
• Education and Outreach

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Strengthened Operator Certification and Training
Requirements
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• New mandatory training requirements (Regulation
  128/04)
• Entry Level training must be completed by all new
  operators, includes home study and classroom
  components
• Preventing Water Borne Illnesses all operators
  must complete once every 3 years
• Walkerton Clean Water Centre (WCWC) delivers
• MOEs Entry Level course for operators-in-training
  
• The Preventing Water-Borne Illnesses
  recertification course
• The ministrys correspondence course for small
  drinking water system operators in private
  systems
• The WCWC has a mandate to work with First Nations
  to provide access to operator training on a cost
  recovery basis.
• As of May 14, 2006 all remaining grandparented
  drinking water operators have been re-certified
  by exam.

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Municipal Drinking Water Licensing
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• The new approvals framework will see systems
  apply for a license, which will consist of 5
  elements (schematic at right)
• Owners and Operating Authorities will be required
  to develop an Operational Plan. This Operational
  Plan is the key vehicle for implementing the
  Drinking Water Quality Management Standard.

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Municipal Drinking Water Licensing

• Implementing a quality management standard
  expands the focus of managing the system to
  include the people responsible for owning,
  managing and operating the system and the
  strategies they adopt to provide safe drinking
  water
• Municipal licensing will go a long way in
  assisting those with oversight responsibility to
  meet the requirements of the Standard of Care
  provision
• These provisions require that those persons with
  oversight responsibilities for a municipal
  drinking water system exercise a level of care,
  diligence and skill that a reasonably prudent
  person would be expected to take in a similar
  situation (s. 19, SDWA)

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Expanded and Enhanced Inspections
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• Drinking Water Inspections
• Ontarios municipal drinking water inspection
  protocol is comprehensive ? approximately 130
  regulatory check points from Source to Tap
• Each system is inspected on an annual basis
• Ontarios drinking water testing laboratories are
  licensed and inspected twice a year
• Goal 100 compliance

TREATMENT PLANT
CONSUMERS
DISTRIBUTION
RESERVOIRS
SOURCE
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Measuring Inspection Results
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• MOE is currently developing a metric to measure
  the results of the municipal inspection program
• The inspection rating will support the ministrys
  commitment to continuous improvement and public
  transparency
• Continuous improvement
• Measure would track progress towards goal of 100
  compliance with the regulatory framework
  province-wide.
• Public transparency
• Chief Drinking Water Inspectors Annual Report
  for 2005-06 will report out on province-wide
  municipal drinking water system inspection
  results for the first time

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Integrated Information Management
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• Main Components
• Drinking Water Information System (DWIS)
• Over 1 million results for test results received
  per year gt 99 meet standards
• Laboratory and Waterworks Inspection System
  (LWIS)
• Able to assess all compliance requirements across
  inspection years
• Operator Certification Database - Water and
  Wastewater Operator Certification System (WWOCS)
• Approx. 5,000 certified operators registered
• MOE Drinking Water Portal Set to launch fall 2006

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Integrated Information Management
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Drinking Water Portal

• This fall Ontario is launching a new drinking
  water portal, Drinking Water Ontario, which will
  help us deliver on our commitment to
  transparency.
• This one-window information resource will allow
  web users to customize the information they want
  to see about drinking water.

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Rigorous Enforcement of Regulations
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• Public health as it relates to drinking water
  quality is of paramount importance
• Mandatory actions for significant non-compliance
• Progressively more stringent actions can be
  taken
• Violations recorded
• Orders
• Convictions
• Transfer of Control of System

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Education and Outreach Public Reporting

• The ministry reports publicly on the state of
  Ontarios drinking water through
• the Annual Report of the Minister of the
  Environment, which will provide an overview of
  drinking water programs, including source
  protection, drinking water quality standards and
  emerging issues (release of first annual report
  anticipated in spring 2007)
• the Annual Report of the Chief Drinking Water
  Inspector, which provides information on the
  ministrys inspection program, as well as water
  quality testing results

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Education and Outreach

• The ministry has produced over 30 plain language
  guidance and fact sheets to help explain to
  owners and operators their regulatory
  requirements for O. Reg. 170/03 and O. Reg.
  252/05
• MOE provides information and guidance to the
  regulated community regarding changes to
  regulatory requirements, as needed
• In partnership with the Walkerton Clean Water
  Center, the MOE will be holding a series of
  information sessions across Ontario outlining
  recent amendments to O. Reg. 170/03.
• Sessions will be an opportunity to exchange
  information with other owners and operators of
  similar drinking water system requirements

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Key Initiatives to Watch For

• Municipal Licensing the ministry is preparing to
  post a finalized DWQMS and proposals for a number
  of other Licensing program elements to the
  Environmental Registry.
• Ministers first annual report and the Chief
  Drinking Water Inspectors 2nd annual report are
  set to be released in 2007.
• Source Water Protection regulations to be
  developed under the Clean Water Act, 2006

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Thank You