O. Reg. 247/06: Drinking Water Systems

filed June 5, 2006 under Safe Drinking Water Act, 2002, S.O. 2002, c. 32

ontario regulation 247/06

made under the

safe drinking water act, 2002

Made: November 23, 2005
Filed: June 5, 2006
Published on e-Laws: June 6, 2006
Printed in The Ontario Gazette: June 24, 2006

Amending O. Reg. 170/03

(Drinking-Water Systems)

1. (1) Subsection 1 (1) of Ontario Regulation 170/03 is amended by adding the following definition:

“month” means a calendar month; (“mois”)

(2) Clause (a) of the definition of “service connection” in subsection 1 (1) of the Regulation is revoked and the following substituted:

(a) a point where a drinking-water system connects to plumbing, other than plumbing in a trailer park or campground, or

(3) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“week” means a period of seven days that begins on Sunday and ends on the following Saturday. (“semaine”)

2. The Table to section 4 of the Regulation is revoked and the following substituted:

TABLE

Item	Drinking-Water Systems	Applicable Schedules
		Treatment	Operational Checks, Sampling and Testing	Adverse Test Results and Other Problems	Reports	Chemical Testing Parameters
1.	Large municipal residential systems	1, 4	6, 7, 10, 13	16, 17	22	23, 24
2.	Small municipal residential systems	1, 3, 4	6, 7, 11, 13	16, 18, 19	22	23, 24
3.	Large municipal non-residential systems	2, 3, 5	6, 8, 12, 15	16, 18, 19	21	23, 24
4.	Small municipal non-residential systems	2, 3, 5	6, 9, 12, 15	16, 18, 19	21	23, 24
5.	Non-municipal year-round residential systems	2, 3, 5	6, 8, 11, 13	16, 18, 19	21	23, 24
6.	Non-municipal seasonal residential systems	2, 3, 5	6, 9, 12, 15	16, 18, 19	21	23, 24
7.	Large non-municipal non-residential systems	2, 3, 5	6, 8, 12, 15	16, 18, 19	21	23, 24
8.	Small non-municipal non-residential systems	2, 3, 5	6, 9, 12, 15	16, 18, 19	21	23, 24

3. (1) Subsection 5 (1) of the Regulation is revoked and the following substituted:

Exemptions: residential systems

(1) If a large municipal residential system or small municipal residential system obtains all of its water from a drinking-water system described in subsection (1.1), Schedules 1, 7, 10, 11 and 13 do not apply to the system that obtains the water, except for the following provisions:

1. Section 7-1, subsections 7-2 (3) to (6) and section 7-5 of Schedule 7.

2. Sections 10-1 and 10-2 of Schedule 10.

3. Sections 11-1, 11-2 and 11-4 of Schedule 11.

4. Sections 13-1, 13-3, 13-5, 13-6, 13-10 and 13-11 of Schedule 13.

(1.1) Subsection (1) applies if the drinking-water system from which water is obtained,

(a) is a large municipal residential system or small municipal residential system to which this Regulation applies;

(b) provides primary disinfection in accordance with section 1-3 of Schedule 1, or provides filtration and primary disinfection in accordance with section 1-4 of Schedule 1; and

(2) Subsection 5 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) If a non-municipal year-round residential system obtains all of its water from a drinking-water system described in subsection (3.1), Schedules 2, 8, 11 and 13 do not apply to the system that obtains the water, except for the following provisions:

. . . . .

(3) Paragraph 1 of subsection 5 (2) of the Regulation is revoked and the following substituted:

1. Sections 8-1 and 8-2, subsections 8-3 (3) and (3.1) and sections 8-5 and 8-7 of Schedule 8.

(4) Subsection 5 (3) of the Regulation is revoked and the following substituted:

(3) If a non-municipal seasonal residential system obtains all of its water from a drinking-water system described in subsection (3.1), Schedules 2, 9, 12 and 15 do not apply to the system that obtains the water, except for the following provisions:

1. Sections 9-1 and 9-2, subsections 9-3 (3) and (3.1) and sections 9-5, 9-6 and 9-8 of Schedule 9.

2. Sections 12-1, 12-2 and 12-4 of Schedule 12.

3. Sections 15-1, 15-3 and 15-7 of Schedule 15.

(5) Section 5 of the Regulation is amended by adding the following subsection:

(3.1) Subsections (2) and (3) apply if the drinking-water system from which water is obtained,

(a) is a drinking-water system to which this Regulation applies;

(b) provides primary disinfection in accordance with section 1-3 of Schedule 1 or section 2-3 of Schedule 2, or provides filtration and primary disinfection in accordance with section 1-4 of Schedule 1 or section 2-4 of Schedule 2; and

(6) Subsection 5 (4) of the Regulation is amended by striking out “except sections 8.1 and 9 and subsections 11 (2.1), (8) and (9)” in the portion before clause (a) and substituting “except sections 8.1, 9, 10 and 10.1 and subsections 11 (2.1), (8) and (9)”.

(7) Section 5 of the Regulation is amended by adding the following subsections:

(5) If a drinking-water system obtains water from another drinking-water system and the owner of the system from which water is obtained has agreed in writing to do anything referred to in subclauses (4) (b) (i) and (ii), the owner shall comply with the agreement.

(6) This section applies whether the water that is obtained,

(a) is obtained through connections;

(b) is obtained through transportation; or

4. (1) Subsection 6 (1) of the Regulation is amended by striking out “except section 8.1, subsection 9 (1), section 10 and subsections 11 (2.1), (8) and (9)” in the portion before clause (a) and substituting “except section 8.1, subsection 9 (1), sections 9.1, 10 and 10.1 and subsections 11 (2.1), (8) and (9)”.

(2) Subsection 6 (1) of the Regulation is amended by adding the following clause:

(a.1) the drinking-water system from which the drinking water is obtained provides primary disinfection in accordance with section 1-3 of Schedule 1 or section 2-3 of Schedule 2, or provides filtration and primary disinfection in accordance with section 1-4 of Schedule 1 or section 2-4 of Schedule 2;

(3) Section 6 of the Regulation is amended by adding the following subsection:

(3) If a drinking-water system obtains water from another drinking-water system and the owner of the system from which water is obtained has agreed in writing to do anything referred to in subclauses (1) (c) (i) and (ii), the owner shall comply with the agreement.

5. (1) Subsection 7 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

Exemptions: non-residential systems that receive transported water

(1) Schedules 2, 3, 8, 9 and 11 to 15 do not apply to one of the following drinking-water systems if all of its drinking water is transported to the system from a drinking-water system described in subsection (1.1) and the drinking water is stored in a container that is constructed and maintained in a manner that prevents surface water and other foreign materials from coming into contact with the drinking water:

. . . . .

(2) Section 7 of the Regulation is amended by adding the following subsection:

(1.1) Subsection (1) applies if the drinking-water system from which drinking water is transported,

(a) provides primary disinfection in accordance with section 1-3 of Schedule 1 or section 2-3 of Schedule 2, or provides filtration and primary disinfection in accordance with section 1-4 of Schedule 1 or section 2-4 of Schedule 2; and

(b) provides secondary disinfection in accordance with section 1-5 of Schedule 1 or section 2-5 of Schedule 2.

(3) Subsection 7 (4) of the Regulation is revoked and the following substituted:

(4) Subsection (2) does not apply to a drinking-water system if all of the following criteria are satisfied:

1. A point of entry treatment unit owned or leased by the owner of the system is connected to the plumbing of every building and other structure that is served by the drinking-water system and is part of a designated facility or public facility.

2. None of the point of entry treatment units use chlorination or chloramination.

3. Each point of entry treatment unit,

i. has a feature that ensures that no water is directed to users of water treated by the unit in the event that the unit malfunctions, loses power or ceases to provide the appropriate level of disinfection, or

ii. is designed and operated in accordance with the standards described in subsection (5).

4. If a point of entry treatment unit has a feature described in subparagraph 3 i and the unit malfunctions, loses power or ceases to provide the appropriate level of disinfection, a person takes appropriate action at the location where the unit is installed before water is again directed to users of water treated by the unit.

(5) The standards referred to in subparagraph 3 ii of subsection (4) are the following:

1. The point of entry treatment unit must have a feature that causes an alarm to sound immediately at the following locations if the unit malfunctions, loses power or ceases to provide the appropriate level of disinfection:

i. The building or structure where the point of entry treatment unit is installed.

ii. A location where a person is present, if a person is not always present at the location described in subparagraph i.

iii. Every designated facility served by the drinking-water system.

2. If an alarm sounds under paragraph 1, a person who is at the building or structure where the point of entry treatment unit is installed must take appropriate action or a person must promptly be dispatched to that location to take appropriate action.

3. A person who is dispatched under paragraph 2 must arrive at the building or structure where the point of entry treatment unit is installed as soon as possible.

6. (1) Paragraph 1 of subsection 8 (5) of the Regulation is revoked and the following substituted:

1. Sections 8.1, 9, 9.1, 10 and 10.1.

(2) Section 8 of the Regulation is amended by adding the following subsection:

(8.1) The owner of the drinking-water system shall ensure that a check that is done during a week for the purpose of subsection (8) is done at least five days, and not more than 10 days, after a check that was done for that purpose in the previous week.

(3) Clause 8 (9) (b) of the Regulation is amended by striking out “at least five years” and substituting “at least 12 months”.

7. Section 8.1 of the Regulation is amended by adding the following subsection:

(5.1) Section 12 of the Act does not apply to a non-municipal year-round residential system if, pursuant to section 8-6.1 of Schedule 8, a reference in that Schedule to a certified operator is deemed, with respect to that system, to be a reference to any person.

8. The Regulation is amended by adding the following section:

Exemptions from transfer of ownership requirements of Act

9.1 Section 51 of the Act does not apply to a large municipal non-residential system or small municipal non-residential system.

9. The Regulation is amended by adding the following section:

System information

10.1 (1) The owner of a drinking-water system that commences operation after this section comes into force shall give the Director a written notice containing information about the system within 30 days after the system commences operation.

(2) The owner of a drinking-water system that commenced operation before this section came into force shall give the Director a written notice containing information about the system within 60 days after this section comes into force.

(3) If there is any change to the information given to the Director under subsection (1) or (2), the owner of the drinking-water system shall give the Director written notice of the change within 10 days of the change.

(4) The owner of a drinking-water system shall be deemed to have given the Director written notice in accordance with subsection (2) if, before this section came into force, a written notice or report that relates to the system was submitted to the Director in a form that complied with section 14.

10. (1) Subsection 11 (1) of the Regulation is amended by striking out “and given to the Director”.

(2) Subsection 11 (2) of the Regulation is amended by striking out “shall ensure that, at the same time that the annual report is given to the Director, a copy” in the portion before clause (a) and substituting “shall ensure that, when the annual report is prepared, a copy”.

(3) Subsection 11 (2.1) of the Regulation is amended by striking out “shall ensure that, at the same time that the annual report for the system is given to the Director, a copy” and substituting “shall ensure that, when the annual report for the system is prepared, a copy”.

(4) Subsection 11 (3) of the Regulation is amended by striking out “must be given to the Director” in the portion before paragraph 1 and substituting “must be prepared”.

(5) Subsection 11 (4) of the Regulation is amended by striking out “must be given to the Director” and substituting “must be prepared”.

(6) Subsection 11 (5) of the Regulation is amended by striking out “must be given to the Director” and substituting “must be prepared”.

(7) Subsection 11 (18) of the Regulation is revoked and the following substituted:

(18) If section 12 of Ontario Regulation 459/00 and section 15 of Ontario Regulation 505/01 did not apply to the owner of a system to which subsection (5) applies, no report is required to be prepared under subsection (5) until May 31, 2006 and, despite that subsection, the report required to be prepared not later than May 31, 2006 shall cover the period from June 1, 2005 to March 31, 2006.

11. Paragraph 4 of subsection 12 (1) of the Regulation is revoked and the following substituted:

4. A copy of every report prepared under Schedule 21 or 22.

12. Section 13 of the Regulation is revoked and the following substituted:

Retention of records

13. (1) The owner of a drinking-water system shall ensure that the following documents and other records are kept for at least two years:

1. Every record or report related to a test required under any of the following provisions:

i. Section 7.

ii. Schedules 6 to 12.

iii. Sections 17-5 to 17-9 of Schedule 17.

iv. Sections 18-5 to 18-9 of Schedule 18.

2. Every record or report related to a test required under an approval or order, including an OWRA approval or OWRA order, unless the record or report relates to a parameter listed in Schedule 23 or 24 to this Regulation or Schedule 3 to Ontario Regulation 169/03 (Ontario Drinking-Water Quality Standards).

3. Every record made under subsection 8-2 (5) of Schedule 8 or subsection 9-2 (5) of Schedule 9.

4. Every record made under subsection 3-1.1 (6) or (7) of Schedule 3.

(2) The owner of a drinking-water system shall ensure that the following documents and other records are kept for at least six years:

1. Every record or report related to a test required under any of the following provisions:

i. Subsection 13-2 (2), section 13-3, subsection 13-4 (2) and sections 13-5, 13-6 and 13-7 of Schedule 13.

ii. Section 15-4 of Schedule 15.

iii. Sections 17-10 to 17-12 of Schedule 17.

2. Every record or report related to a test required under an approval or order, including an OWRA approval or OWRA order, if the record or report relates to a parameter listed in Schedule 23 or 24 to this Regulation or Schedule 3 to Ontario Regulation 169/03 (Ontario Drinking-Water Quality Standards).

3. Every annual report prepared under section 11.

4. Every report prepared under Schedule 22.

(3) The owner of a drinking-water system shall ensure that the following documents and other records are kept for at least 15 years:

1. Every record or report related to a test required under any of the following provisions:

i. Subsections 13-2 (3) and 13-4 (3) and sections 13-8 and 13-9 of Schedule 13.

ii. Sections 15-2, 15-3, 15-5 and 15-6 of Schedule 15.

iii. Section 17-13 of Schedule 17.

iv. Sections 18-10 to 18-13 of Schedule 18.

2. Every report prepared under Schedule 21.

3. Every report referred to in paragraph 7 of subsection 2 (2) or clause 2 (3) (a) that is related to the system’s raw water supply.

4. If the owner gave the Director a written statement by a professional engineer under subsection 21-2 (3) of Schedule 21, a copy of the OWRA approval referred to in that subsection.

(4) The owner of a drinking-water system shall ensure that reports prepared under Schedule 21 are kept at a location where they can conveniently be viewed by a provincial officer who is inspecting the system’s water treatment equipment.

(5) If the Director or a provincial officer makes a request for a document or other record referred to in subsection (1), (2) or (3), the owner of a drinking-water system shall ensure that the document or other record is given to the Director or provincial officer within such period as the Director or provincial officer may specify.

(6) If a professional engineer or professional hydrogeologist is preparing an opinion, report or assessment referred to in this Regulation in respect of a drinking-water system and makes a request for a document or other record referred to in subsection (1), (2) or (3), the owner of the system shall ensure that the document or other record is given to the professional engineer or professional hydrogeologist within such period as the professional engineer or professional hydrogeologist may specify.

(7) For the purpose of this section,

(a) a reference in subsection (1), (2) or (3) to tests required under a provision of this Regulation shall be deemed to include a reference to,

(i) tests required for the same parameter under section 7 of Ontario Regulation 459/00 (Drinking Water Protection — Larger Water Works), if that regulation applied to the drinking-water system, or

(ii) tests required for the same parameter under section 9 of Ontario Regulation 505/01 (Drinking Water Protection — Small Water Works Serving Designated Facilities), if that regulation applied to the drinking-water system;

(b) a reference in paragraph 3 of subsection (2) to annual reports prepared under section 11 shall be deemed to include a reference to,

(i) reports prepared under section 12 of Ontario Regulation 459/00, if that regulation applied to the drinking-water system, or

(ii) reports prepared under section 15 of Ontario Regulation 505/01, if that regulation applied to the drinking-water system; and

(c) a reference in paragraph 2 of subsection (3) to reports prepared under Schedule 21 shall be deemed to include a reference to reports prepared under section 5 of Ontario Regulation 505/01, if that regulation applied to the drinking-water system.

13. (1) Section 1-3 of Schedule 1 to the Regulation is revoked and the following substituted:

Primary disinfection for ground water raw water supply

1-3. The owner of a drinking-water system that obtains water from a raw water supply that is ground water shall ensure provision of water treatment equipment that is designed to be capable of achieving, at all times, primary disinfection in accordance with the Ministry’s Procedure for Disinfection of Drinking Water in Ontario, including at least 99 per cent removal or inactivation of viruses by the time,

(a) water leaves the point of entry treatment units, in the case of a drinking-water system to which, pursuant to section 3-1.1 of Schedule 3, section 1-5 does not apply; or

(b) water enters the distribution system, in any other case.

(2) Subclause 1-4 (a) (ii) of Schedule 1 to the Regulation is revoked and the following substituted:

(ii) is designed to be capable of achieving, at all times, primary disinfection in accordance with the Ministry’s Procedure for Disinfection of Drinking Water in Ontario, including at least 99 per cent removal or inactivation of Cryptosporidium oocysts, at least 99.9 per cent removal or inactivation of Giardia cysts and at least 99.99 per cent removal or inactivation of viruses by the time,

(A) water leaves the point of entry treatment units, in the case of a drinking-water system to which, pursuant to section 3-1.1 of Schedule 3, section 1-5 does not apply, or

(B) water enters the distribution system, in any other case; or

(3) Section 1-6 of Schedule 1 to the Regulation is revoked and the following substituted:

Primary disinfection equipment that does not use chlorination or chloramination

1-6. (1) If primary disinfection equipment that does not use chlorination or chloramination is provided by a drinking-water system, the owner of the system and the operating authority for the system shall ensure that the disinfection equipment is designed and operated in accordance with the standards described in subsection (2), or that,

(a) the disinfection equipment has a feature that ensures that no water is directed to users of water treated by the equipment in the event that the equipment malfunctions, loses power or ceases to provide the appropriate level of disinfection; and

(b) if the disinfection equipment malfunctions, loses power or ceases to provide the appropriate level of disinfection, a certified operator takes appropriate action at the location where the equipment is installed before water is again directed to users of water treated by the equipment.

(2) The standards referred to in subsection (1) are the following:

1. The disinfection equipment must have a feature that causes an alarm to sound immediately in the following locations if the disinfection equipment malfunctions, loses power or ceases to provide the appropriate level of disinfection:

i. The building or structure where the disinfection equipment is installed.

ii. A location where a person is present, if a person is not always present at the building or structure where the disinfection equipment is installed.

2. If an alarm sounds under paragraph 1, a certified operator who is at the building or structure where the disinfection equipment is installed must take appropriate action or, if no certified operator is at that location, a certified operator must promptly be dispatched to that location to take appropriate action.

3. A certified operator who is dispatched under paragraph 2 must arrive at the building or structure where the disinfection equipment is installed as soon as possible.

(3) If primary disinfection equipment that does not use chlorination or chloramination is provided by a large municipal residential system, the owner of the system and the operating authority for the system shall ensure that the disinfection equipment has a recording device that continuously records the performance of the disinfection equipment.

14. (1) Subsection 2-2 (3) of Schedule 2 to the Regulation is revoked and the following substituted:

(3) Subsection (2) does not apply to a large municipal non-residential system, small municipal non-residential system, large non-municipal non-residential system or small non-municipal non-residential system on days when the system is not supplying water to any designated facilities or public facilities that are open.

(4) Subsection (2) does not apply to a non-municipal seasonal residential system during a period of 60 or more consecutive days when the system,

(a) is not supplying water to any designated facilities or public facilities that are open;

(b) is not supplying water to any major residential development; and

(2) Clause 2-3 (a) of Schedule 2 to the Regulation is amended by striking out “section 3-2 of Schedule 3” and substituting “section 3-1.1 or 3-2 of Schedule 3”.

(3) Section 2-3 of Schedule 2 to the Regulation is amended by adding the following subsections:

(2) Subsection (1) also applies in respect of a non-municipal year-round residential system that is deemed, under paragraph 4 or 5 of subsection 2 (2), to obtain water from a raw water supply that is ground water under the direct influence of surface water if,

(a) the system does not serve any designated facilities; and

(b) the owner of the system gives the Director,

(i) a written notice that complies with section 2-12, and

(ii) a written notice stating that the owner of the system and the operating authority for the system have complied with section 11-3 of Schedule 11 and sections 18-5 and 18-6 of Schedule 18 for a period of 12 consecutive months and that, during that period,

(A) no test results from water samples described in subsection 11-3 (1) of Schedule 11 from the system’s raw water indicated the presence of Escherichia coli (E. coli) or total coliforms, and

(B) no test results from water samples taken under section 18-5 or 18-6 of Schedule 18 indicated the presence of Escherichia coli (E. coli) or total coliforms.

(3) Subsection (1) also applies, until the end of the month following the first anniversary of the day the system commences operation, in respect of a non-municipal year-round residential system that is deemed under paragraph 4 or 5 of subsection 2 (2) to obtain water from a raw water supply that is ground water under the direct influence of surface water, if,

(a) the system commences operation after this section comes into force;

(b) the system does not serve any designated facilities; and

(c) before the system commences operation, the owner of the system gives the Director a written notice that complies with section 2-12.

(4) Subsections (2) and (3) cease to apply to a non-municipal year-round residential system 90 days after,

(a) a test result obtained under paragraph 2 of section 18-5 of Schedule 18 indicates the presence of Escherichia coli (E. coli) in a water sample; or

(b) a test result obtained under paragraph 1 of section 18-6 of Schedule 18 indicates the presence of total coliforms in a water sample, if the day on which the sample was taken is the second day during a period of 12 consecutive months on which a water sample was taken under paragraph 1 of section 18-6 of Schedule 18 that produced a test result indicating the presence of total coliforms.

(5) No notice may be given to the Director under clause (2) (b) if subsection (2) or (3) previously ceased to apply to the system under subsection (4).

(4) Sub-subclause 2-4 (a) (ii) (A) of Schedule 2 to the Regulation is amended by striking out “section 3-2 of Schedule 3” and substituting “section 3-1.1 or 3-2 of Schedule 3”.

(5) Section 2-4 of Schedule 2 to the Regulation is amended by adding the following subsection:

(2) Subsection (1) does not apply in respect of a non-municipal year-round residential system if subsection 2-3 (1) applies in respect of the system.

(6) Section 2-6 of Schedule 2 to the Regulation is revoked and the following substituted:

Primary disinfection equipment that does not use chlorination or chloramination

2-6. (1) If primary disinfection equipment that does not use chlorination or chloramination is provided by a drinking-water system, the owner of the system and the operating authority for the system shall ensure that the disinfection equipment is designed and operated in accordance with the standards described in subsection (2), or that,

(b) if the disinfection equipment malfunctions, loses power or ceases to provide the appropriate level of disinfection, a person described in paragraph 9 of subsection 2-2 (2) takes appropriate action at the location where the equipment is installed before water is again directed to users of water treated by the equipment.

(2) The standards referred to in subsection (1) are the following:

i. The building or structure where the disinfection equipment is installed.

ii. A location where a person is present, if a person is not always present at the building or structure where the disinfection equipment is installed.

2. If an alarm sounds under paragraph 1, a person described in paragraph 9 of subsection 2-2 (2) who is at the building or structure where the disinfection equipment is installed must take appropriate action or, if no such person is at that location, a person described in paragraph 9 of subsection 2-2 (2) must promptly be dispatched to that location to take appropriate action.

3. A person who is dispatched under paragraph 2 must arrive at the building or structure where the disinfection equipment is installed as soon as possible.

(3) If a drinking-water system provides primary disinfection with ultraviolet light disinfection equipment and not with chlorination or chloramination, the owner of the system and the operating authority for the system shall ensure that any sensors that form part of the equipment’s monitoring system are checked and calibrated in accordance with the manufacturer’s instructions.

(7) Section 2-10 of Schedule 2 to the Regulation is revoked.

(8) Schedule 2 to the Regulation is amended by adding the following sections:

Exceptions

2-11. (1) This Schedule, except paragraph 1 of subsection 2-2 (1), does not apply to a non-municipal year-round residential system if,

(a) the system does not serve any designated facilities;

(b) the system obtains water from a raw water supply that is ground water; and

(i) a written notice that complies with section 2-12, and

(A) no test results from water samples described in subsection 11-3 (1) of Schedule 11 from the system’s raw water indicated the presence of Escherichia coli (E. coli) or total coliforms, and

(B) no test results from water samples taken under section 18-5 or 18-6 of Schedule 18 indicated the presence of Escherichia coli (E. coli) or total coliforms.

(2) This Schedule, except paragraph 1 of subsection 2-2 (1), does not apply to a non-municipal year-round residential system until the end of the month following the first anniversary of the day the system commences operation if,

(a) the system commences operation after this section comes into force;

(b) the system does not serve any designated facilities;

(d) before the system commences operation, the owner of the system gives the Director a written notice that complies with section 2-12.

(3) Subsections (1) and (2) cease to apply to a non-municipal year-round residential system 90 days after,

(a) a test result obtained under paragraph 2 of section 18-5 of Schedule 18 indicates the presence of Escherichia coli (E. coli) in a water sample; or

(4) No notice may be given to the Director under clause (1) (c) if subsection (1) or (2) previously ceased to apply to the system under subsection (3).

Well technician’s notice

2-12. (1) For the purpose of this Schedule, a notice complies with this section with respect to a non-municipal year-round residential system if the notice is signed by a person described in subsection (2) and the notice states that, after the day this section came into force, the person inspected each well that is used as a raw water supply for the system and, for each of those wells, the person is of the opinion that,

(a) the well does not have a well pit;

(b) the well does not penetrate through the bottom of a bored or dug well;

(d) the site of the well is at an elevation higher than the immediately surrounding area;

(e) the site of the well is separated by at least the clearance distance required by Ontario Regulation 403/97 (Building Code), made under the Building Code Act, 1992, from a leaching bed system or other sewage system as defined in that regulation, including a sewage system that has not been constructed but for which a building permit has been issued;

(f) the site of the well is at least 15 metres from a source of pollution other than one mentioned in clause (e);

(g) the well is cased to,

(i) at least 15 centimetres above the floor, if a pump is installed directly over the well and a floor has been constructed around or adjacent to the casing, or

(ii) at least 30 centimetres above the ground surface, in any other case;

(h) the surface drainage is such that water will not collect or pond in the vicinity of the well, including the area above the annular space;

(i) the top of the well’s casing is sealed with a commercially manufactured vermin-proof well cap, if a pump is not located directly over the well;

(j) the top of the well’s casing is shielded in a manner sufficient to prevent entry of any material that may impair the quality of the water in the well, if a pump is installed directly over the well;

(k) the well’s air vent extends above the ground surface a distance sufficient to prevent the entry of flood water from any anticipated flooding in the area;

(l) the open end of the well’s air vent is shielded and screened in a manner sufficient to prevent the entry of any materials into the well;

(m) the well’s casing does not impair the quality of water with which it comes in contact;

(n) the portion of the well’s casing that is visible without a down-hole camera,

(i) is clean and free of contamination, and

(ii) is watertight;

(o) the portion of the well’s casing that is visible without a down-hole camera has no joints, except for joints that,

(i) achieve a permanent, watertight bond, such as welded steel joints, and

(ii) are made so that the jointed casing does not impair the quality of water with which it comes in contact;

(p) any seams in the portion of the well’s casing that is visible without a down-hole camera achieve a permanent watertight bond; and

(q) a pitless adapter is used and the connection is watertight, if a connection to the casing of the well is made below the ground surface.

(2) The person referred to in subsection (1) is,

(a) a person who holds a well technician licence described as a Well Drilling licence in paragraph 1 of subsection 5 (1) of Regulation 903 of the Revised Regulations of Ontario, 1990 (Wells) made under the Ontario Water Resources Act;

(b) a professional engineer who has experience in ground water supply;

(d) a person registered as a certified engineering technologist under the Ontario Association of Certified Engineering Technicians and Technologists Act, 1998 who has experience in ground water supply.

(3) Words and expressions used in this section have the same meanings as in section 35 of the Ontario Water Resources Act and section 1 of Regulation 903 of the Revised Regulations of Ontario, 1990 (Wells) made under that Act.

15. (1) Section 3-1 of Schedule 3 to the Regulation is amended by adding the following paragraphs:

0.1 Small municipal residential systems.

. . . . .

2.1 Non-municipal year-round residential systems.

2.2 Non-municipal seasonal residential systems.

(2) Schedule 3 to the Regulation is amended by adding the following section:

Point of entry treatment units in residential systems

3-1.1 (1) Section 1-5 of Schedule 1 does not apply to a small municipal residential system, section 2-5 of Schedule 2 does not apply to a non-municipal year-round residential system that serves fewer than 101 private residences, and section 2-5 of Schedule 2 does not apply to a non-municipal seasonal residential system that has fewer than 101 service connections, if the following criteria are met:

1. A point of entry treatment unit owned or leased by the owner of the drinking-water system is connected to the plumbing of every building and other structure that is part of a private residence, designated facility or public facility served by the system.

2. Every point of entry treatment unit has a feature that ensures that no water is directed to users of water treated by the equipment in the event that the equipment malfunctions, loses power or ceases to provide the appropriate level of disinfection.

3. None of the point of entry treatment units use chlorination or chloramination.

4. The owner of the drinking-water system or the operating authority for the system has a record that,

i. sets out the location of each point of entry treatment unit and the date it was installed, and

ii. in the case of a small municipal residential system that requires an approval under the Act, contains a confirmation by the owner of the system that each point of entry treatment unit was installed in accordance with the approval.

5. The owner of the drinking-water system has given the Director a written notice certifying that,

i. the owner of the drinking-water system has given a written statement that contains the information set out in subsection (5) to the occupants of every private residence and the operators of every designated facility and public facility that is served by the system at the time the notice is given to the Director,

ii. the owner of the drinking-water system has discussed the information set out in subsection (5), in person or by telephone, with an apparently adult occupant of every private residence and the operator of every designated facility and public facility that is served by the system at the time the notice is given to the Director, and

iii. the owner of the drinking-water system has made reasonable efforts to give a written statement that contains the information set out in subsection (5) to the owner of every private residence, designated facility and public facility that is served by the system at the time the notice is given to the Director, if the owner of the residence or facility is not an occupant of the residence or the operator of the facility.

6. The owner of the drinking-water system or the operating authority for the system gives notice to the occupants of a property where a point of entry treatment unit is located whenever the owner or operating authority requires permission to enter the property.

(2) If subsection (1) applies to a drinking-water system and the system begins to serve another private residence, designated facility or public facility, the owner of the drinking-water system shall promptly,

(a) give a written statement that contains the information set out in subsection (5) to the occupants of the private residence or the operator of the designated facility or public facility;

(b) discuss the information set out in subsection (5), in person or by telephone, with an apparently adult occupant of the private residence or the operator of the designated facility or public facility; and

(c) make reasonable efforts to give a written statement that contains the information set out in subsection (5) to the owner of the private residence, designated facility or public facility, if the owner of the residence or facility is not an occupant of the residence or the operator of the facility.

(3) If subsection (1) applies to a drinking-water system and the owner of the system becomes aware that the occupants of a private residence served by the system have changed or that the operator of a designated facility or public facility served by the system has changed, the owner shall promptly,

(a) give a written statement that contains the information set out in subsection (5) to the occupants of the private residence or the operator of the designated facility or public facility; and

(4) If subsection (1) applies to a drinking-water system, the owner of the system becomes aware that the owner of a private residence served by the system has changed or that the operator of a designated facility or public facility served by the system has changed, and the owner of the residence or facility is not an occupant of the residence or the operator of the facility, the owner of the drinking-water system shall promptly make reasonable efforts to give a written statement that contains the information set out in subsection (5) to the owner of the residence or facility.

(5) The following information is the information referred to in paragraph 5 of subsection (1) and in subsections (2), (3) and (4):

1. The water supplied to the private residence, designated facility or public facility, as the case may be, is treated by equipment known as a point of entry treatment unit, the purpose of which is to ensure the safety of the water.

2. A description of the location and appearance of the point of entry treatment unit that is sufficient to enable a person to identify the unit.

3. The point of entry treatment unit is owned or leased by the owner of the drinking-water system and does not belong to the owner or occupants of the property where the unit is installed.

4. The point of entry treatment unit has a feature to ensure that no water is directed to users of water treated by the equipment in the event that the equipment malfunctions, loses power or ceases to provide the appropriate level of disinfection.

5. No person should damage or tamper with the point of entry treatment unit.

6. The owner of the drinking-water system or the operating authority for the system will from time to time require access to the property where the point of entry treatment unit is installed to sample water and maintain the unit.

7. The owner of the drinking-water system or, if an operating authority is responsible for the operation of the system, the operating authority, should be contacted if the supply of water is interrupted or if there is any reason to believe that the point of entry treatment unit requires repairs.

8. The owner of the drinking-water system or, if an operating authority is responsible for the operation of the system, the operating authority, may be contacted if there are any questions about the point of entry treatment unit.

9. Information on how to contact the owner of the drinking-water system or, if an operating authority is responsible for the operation of the system, on how to contact the operating authority.

(6) If subsection (1) applies to a small municipal residential system, the owner of the system and the operating authority for the system shall ensure that,

(a) each point of entry treatment unit is checked at least once every 12 months to confirm proper functioning; and

(b) a record is made of the date and time of every check performed under clause (a), the name of the person who performed the check and the results of the check.

(7) If subsection (1) applies to a drinking water system, the owner of the system and the operating authority for the system shall ensure that a record is made whenever the owner or operating authority fails to obtain access to a property where a point of entry treatment unit is installed for the purpose of complying with,

(a) clause (6) (a);

(b) section 8-2 of Schedule 8 or section 9-2 of Schedule 9; or

(3) Section 3-2 of Schedule 3 to the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

Point of entry treatment units in non-residential systems

3-2. Section 2-5 of Schedule 2 does not apply to a large municipal non-residential system, a small municipal non-residential system, a large non-municipal non-residential system or a small non-municipal non-residential system if the following criteria are met:

. . . . .

(4) Paragraphs 1 and 2 of section 3-2 of Schedule 3 to the Regulation are revoked and the following substituted:

1. A point of entry treatment unit owned or leased by the owner of the drinking-water system is connected to the plumbing of every building and other structure that is part of a designated facility or public facility served by the system.

2. The owner of the drinking-water system or the operating authority for the system gives notice to the occupants of a property where a point of entry treatment unit is located whenever the owner or operating authority requires permission to enter the property.

16. Subparagraph 3 ii of subsection 5-4 (1) of Schedule 5 to the Regulation is amended by striking out “at least one test for Escherichia coli (E. coli) or fecal coliforms and” and substituting “at least one test for Escherichia coli (E. coli) and”.

17. (1) Schedule 6 to the Regulation is amended by adding the following section:

Frequency of sampling and equipment checks

6-1.1 (1) If this Regulation or an approval or order, including an OWRA approval or OWRA order, requires at least one water sample to be taken every week and tested for a parameter, the owner of the drinking-water system and the operating authority for the system shall ensure that at least one sample that is taken during a week for the purpose of being tested for that parameter is taken at least five days, and not more than 10 days, after a sample was taken for that purpose in the previous week.

(2) If this Regulation or an approval or order, including an OWRA approval or OWRA order, requires at least one water sample to be taken every two weeks and tested for a parameter, the owner of the drinking-water system and the operating authority for the system shall ensure that at least one sample that is taken during a two-week period for the purpose of being tested for that parameter is taken at least 10 days, and not more than 20 days, after a sample was taken for that purpose in the previous two-week period.

(3) If this Regulation or an approval or order, including an OWRA approval or OWRA order, requires at least one water sample to be taken every month and tested for a parameter, the owner of the drinking-water system and the operating authority for the system shall ensure that at least one sample that is taken during a month for the purpose of being tested for that parameter is taken at least 20 days, and not more than 40 days, after a sample was taken for that purpose in the previous month.

(4) If this Regulation or an approval or order, including an OWRA approval or OWRA order, requires at least one water sample to be taken every three months and tested for a parameter, the owner of the drinking-water system and the operating authority for the system shall ensure that at least one sample that is taken during a three-month period for the purpose of being tested for that parameter is taken at least 60 days, and not more than 120 days, after a sample was taken for that purpose in the previous three-month period.

(5) If this Regulation or an approval or order, including an OWRA approval or OWRA order, requires at least one water sample to be taken every 12 months and tested for a parameter, the owner of the drinking-water system and the operating authority for the system shall ensure that at least one sample that is taken during a 12-month period for the purpose of being tested for that parameter is taken not more than 30 days before or after the first anniversary of the day a sample was taken for that purpose in the previous 12-month period.

(6) If this Regulation or an approval or order, including an OWRA approval or OWRA order, requires at least one water sample to be taken every 36 months and tested for a parameter, the owner of the drinking-water system and the operating authority for the system shall ensure that at least one sample that is taken during a 36-month period for the purpose of being tested for that parameter is taken not more than 60 days before or after the third anniversary of the day a sample was taken for that purpose in the previous 36-month period.

(7) If this Regulation or an approval or order, including an OWRA approval or OWRA order, requires at least one water sample to be taken every 60 months and tested for a parameter, the owner of the drinking-water system and the operating authority for the system shall ensure that at least one sample that is taken during a 60-month period for the purpose of being tested for that parameter is taken not more than 90 days before or after the fifth anniversary of the day a sample was taken for that purpose in the previous 60-month period.

(8) This section applies, with necessary modifications, if this Regulation or an approval or order, including an OWRA approval or OWRA order, requires equipment to be checked at intervals to which any of subsections (1) to (7) apply.

(2) Subsection 6-4 (3) of Schedule 6 to the Regulation is amended by striking out “that is accredited by the Standards Council of Canada” at the end and substituting “that is accredited by an accreditation body for drinking-water testing that is designated or established under the Act”.

(3) Paragraph 1 of subsection 6-5 (1) of Schedule 6 to the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

1. The continuous monitoring equipment must, except when no water is being directed to users of water sampled by the equipment,

. . . . .

(4) Subparagraph 2 ii of subsection 6-5 (1) of Schedule 6 to the Regulation is amended by striking out “causes an alarm to sound under paragraph 5” and substituting “causes an alarm to sound under paragraph 1 of subsection (1.1)”.

(5) Paragraphs 5, 6 and 7 of subsection 6-5 (1) of Schedule 6 to the Regulation are revoked and the following substituted:

5. The continuous monitoring equipment must be designed and operated in accordance with the standards described in subsection (1.1), or,

i. the continuous monitoring equipment must have a feature that ensures that no water is directed to users of water sampled by the equipment in the event that the equipment malfunctions or loses power or a test result for a parameter is above the maximum alarm standard or below the minimum alarm standard specified in the Table to this section for the parameter, and

ii. if the continuous monitoring equipment malfunctions or loses power or a test result for a parameter is above the maximum alarm standard or below the minimum alarm standard specified in the Table to this section for the parameter, a person who is qualified to examine test results under paragraph 3 takes appropriate action at the location where tests are conducted before water is again directed to users of water sampled by the equipment.

(6) Section 6-5 of Schedule 6 to the Regulation is amended by adding the following subsection:

(1.1) The standards referred to in paragraph 5 of subsection (1) are the following:

1. The continuous monitoring equipment must cause an alarm to sound immediately at the following locations if the equipment malfunctions or loses power or a test result for a parameter is above the maximum alarm standard or below the minimum alarm standard specified in the Table to this section for the parameter:

i. The location where the equipment conducts tests.

ii. A location where a person is present, if a person is not always present at the location where the equipment conducts tests.

iii. Every designated facility served by the drinking-water system, unless the system is a large municipal residential system or a small municipal residential system.

2. A person qualified to examine test results under paragraph 3 of subsection (1) must take appropriate action if the person is at the location where tests are conducted and,

i. an alarm sounds under paragraph 1,

ii. a record of a test result indicates that an alarm should have sounded under paragraph 1, or

iii. there is good reason to believe that the continuous monitoring equipment has malfunctioned or lost power.

3. A person qualified to examine test results under paragraph 3 of subsection (1) must promptly be dispatched to the location where tests are conducted to take appropriate action if no person qualified to examine test results under paragraph 3 of subsection (1) is at that location and,

i. an alarm sounds under paragraph 1, unless a person qualified to examine test results under paragraph 3 of subsection (1) determines that,

A. the alarm sounded because a test result for a parameter was above the maximum alarm standard or below the minimum alarm standard specified in the Table to this section for the parameter, and

B. within two minutes, a further test result indicated that the parameter was no longer above the maximum alarm standard or below the minimum alarm standard, as the case may be,

ii. a record of a test result indicates that an alarm should have sounded under paragraph 1, or

iii. there is good reason to believe that the continuous monitoring equipment has malfunctioned or lost power.

4. A person who is dispatched under paragraph 3 must arrive at the location where tests are conducted as soon as possible.

(7) Clause 6-7 (1) (b) of Schedule 6 to the Regulation is amended by striking out “a professional engineer certifies” and substituting “a professional engineer states”.

18. (1) Subsection 7-2 (3) of Schedule 7 to the Regulation is revoked and the following substituted:

(3) The owner of a large municipal residential system that provides secondary disinfection and the operating authority for the system shall ensure that at least seven distribution samples are taken each week in accordance with subsection (4) and are tested immediately for,

(a) free chlorine residual, if the system provides chlorination and does not provide chloramination; or

(b) combined chlorine residual, if the system provides chloramination.

(4) The following rules apply to the distribution samples referred to in subsection (3) unless at least one sample is taken on each day of the week:

1. At least four of the samples must be taken on one day of the week, at least 48 hours after the last sample was taken in the previous week.

2. At least three of the samples must be taken on a second day of the week, at least 48 hours after the last sample was taken on the day referred to in paragraph 1.

3. When more than one sample is taken on the same day of the week under paragraph 1 or 2, each sample must be taken from a different location.

(5) The owner of a small municipal residential system that provides secondary disinfection and the operating authority for the system shall ensure that at least two distribution samples are taken each week in accordance with subsection (6) and are tested immediately for,

(a) free chlorine residual, if the system provides chlorination and does not provide chloramination; or

(b) combined chlorine residual, if the system provides chloramination.

(6) At least one of the distribution samples referred to in subsection (5) must be taken at least 48 hours after, and during the same week as, one of the other distribution samples referred to in subsection (5).

(2) Section 7-3 of Schedule 7 to the Regulation is amended by adding the following subsection:

(1.1) If the drinking-water system obtains water from a raw water supply that is ground water, the owner of the system and the operating authority for the system shall ensure that a sample is taken under subsection (1) from each well that is supplying water to the system.

(3) Section 7-4 of Schedule 7 to the Regulation is revoked and the following substituted:

Fluoride

7-4. If a drinking-water system provides fluoridation, the owner of the system and the operating authority for the system shall ensure that a water sample is taken at the end of the fluoridation process at least once every day and is tested for fluoride.

(4) Section 7-5 of Schedule 7 to the Regulation is amended by adding the following subsection:

(1.1) Despite subsection (1), a test required by section 7-2 or 7-3 at a small municipal residential system may be conducted by a person who is not a certified operator or water quality analyst if the person,

(a) has been trained by a certified operator to conduct the test;

(b) works under the supervision of a certified operator; and

19. (1) Subsection 8-3 (3) of Schedule 8 to the Regulation is revoked and the following substituted:

(3) The owner of a drinking-water system that provides secondary disinfection and the operating authority for the system shall ensure that at least two distribution samples are taken each week in accordance with subsection (3.1) and are tested immediately for,

(a) free chlorine residual, if the system provides chlorination and does not provide chloramination; or

(b) combined chlorine residual, if the system provides chloramination.

(3.1) At least one of the distribution samples referred to in subsection (3) must be taken at least 48 hours after, and during the same week as, one of the other distribution samples referred to in subsection (3).

(2) Section 8-4 of Schedule 8 to the Regulation is amended by adding the following subsections:

. . . . .

(3.1) Subsections (2) and (3) do not apply to a large municipal non-residential system or large non-municipal non-residential system that provides ultraviolet light disinfection equipment for primary disinfection and does not use chlorination or chloramination for primary disinfection, if,

(a) section 2-6 of Schedule 2 is complied with; and

(b) the ultraviolet light disinfection equipment has a feature that ensures that no water is directed to users of water treated by the equipment in the event that the equipment malfunctions, loses power or ceases to provide the appropriate level of disinfection.

(3) Section 8-5 of Schedule 8 to the Regulation is amended by adding the following subsection:

(1.1) Despite subsection (1), a test required by this Schedule may be conducted by a person who is not a certified operator or water quality analyst if the person,

(a) has been trained by a certified operator to conduct the test;

(b) works under the supervision of a certified operator; and

(4) Schedule 8 to the Regulation is amended by adding the following section:

Non-municipal year-round residential system: certified operators

8-6.1 If, pursuant to subsection 2-11 (1) or (2) of Schedule 2, the owner of a non-municipal year-round residential system is not required to comply with provisions of that Schedule, a reference in this Schedule to a certified operator shall be deemed, with respect to that system, to be a reference to any person.

20. (1) Subsection 9-3 (3) of Schedule 9 to the Regulation is revoked and the following substituted:

(a) free chlorine residual, if the system provides chlorination and does not provide chloramination; or

(b) combined chlorine residual, if the system provides chloramination.

(2) Section 9-4 of Schedule 9 to the Regulation is amended by adding the following subsection:

(2.1) Subsections (1) and (2) do not apply to a small municipal non-residential system or small non-municipal non-residential system that provides ultraviolet light disinfection equipment for primary disinfection and does not use chlorination or chloramination for primary disinfection, if,

(a) section 2-6 of Schedule 2 is complied with; and

(3) Section 9-5 of Schedule 9 to the Regulation is amended by adding the following subsection:

(1.1) Despite subsection (1), a test required by this Schedule may be conducted by a person who is not a trained person or water quality analyst if the person,

(a) has been trained by a certified operator to conduct the test;

(b) works under the supervision of a certified operator; and

(4) Subsection 9-6 (2) of Schedule 9 to the Regulation is revoked and the following substituted:

(2) Sections 9-2 to 9-4 do not apply to a non-municipal seasonal residential system during a period of 60 or more consecutive days when the system,

(a) is not supplying water to any designated facilities or public facilities that are open;

(b) is not supplying water to any major residential development; and

21. (1) Clause 10-2 (2) (a) of Schedule 10 to the Regulation is revoked and the following substituted:

(a) Escherichia coli; and

(2) Subsection 10-2 (3) of Schedule 10 to the Regulation is revoked and the following substituted:

(3) The owner of the drinking-water system and the operating authority for the system shall ensure that at least 25 per cent of the samples required to be taken under subsection (1) are tested for general bacteria population expressed as colony counts on a heterotrophic plate count.

(3) Clause 10-3 (a) of Schedule 10 to the Regulation is revoked and the following substituted:

(a) Escherichia coli;

(4) Clause 10-3 (c) of Schedule 10 to the Regulation is revoked and the following substituted:

(5) Clause 10-4 (3) (a) of Schedule 10 to the Regulation is revoked and the following substituted:

(a) Escherichia coli; and

(6) Section 10-5 of Schedule 10 to the Regulation is revoked.

22. (1) Paragraph 2 of section 11-1 of Schedule 11 to the Regulation is revoked.

(2) Paragraph 4 of section 11-1 of Schedule 11 to the Regulation is revoked.

(3) Subsection 11-2 (1) of Schedule 11 to the Regulation is revoked and the following substituted:

Distribution samples

(1) The owner of a drinking-water system and the operating authority for the system shall ensure that,

(a) at least one distribution sample is taken every two weeks, if the system provides treatment equipment in accordance with Schedule 1 or 2 and the equipment is operated in accordance with that Schedule; or

(b) at least one distribution sample is taken every week, if clause (a) does not apply.

(4) Clause 11-2 (2) (a) of Schedule 11 to the Regulation is revoked and the following substituted:

(a) Escherichia coli;

(5) Clause 11-2 (2) (c) of Schedule 11 to the Regulation is revoked and the following substituted:

(c) if section 1-5 of Schedule 1 or subsection 2-5 (1) of Schedule 2 applies to the system, general bacteria population expressed as colony counts on a heterotrophic plate count.

(6) Subsections 11-2 (3) to (5) of Schedule 11 to the Regulation are revoked.

(7) Subsections 11-2 (6) and (7) of Schedule 11 to the Regulation are revoked and the following substituted:

(6) If a drinking-water system uses point of entry treatment units, the samples taken under subsection (1) shall be taken from locations downstream of the point of entry treatment units and shall be taken on a rotational basis so that a sample is taken from a location downstream of each point of entry treatment unit at least once every 24 months.

(8) Subsections 11-3 (1) and (2) of Schedule 11 to the Regulation are revoked and the following substituted:

Raw water samples

(1) If a drinking-water system obtains water from a raw water supply that is ground water or a drinking-water system is deemed under section 2 to obtain water from a raw water supply that is surface water, the owner of the system and the operating authority for the system shall ensure that a water sample is taken at least once every month from the raw water in each well that is supplying water to the system, before any treatment is applied to the water.

(9) Clause 11-3 (3) (a) of Schedule 11 to the Regulation is revoked and the following substituted:

(a) Escherichia coli; and

23. (1) Section 12-1 of Schedule 12 to the Regulation is amended by adding the following paragraphs:

0.1 Large municipal non-residential systems.

. . . . .

2.1 Large non-municipal non-residential systems.

(2) Subsection 12-2 (1) of Schedule 12 to the Regulation is revoked and the following substituted:

Distribution samples

(1) The owner of a drinking-water system and the operating authority for the system shall ensure that,

(a) at least one distribution sample is taken every month, if the system provides treatment equipment in accordance with Schedule 2 and the equipment is operated in accordance with that Schedule; or

(b) at least one distribution sample is taken every two weeks, if clause (a) does not apply.

(3) Clause 12-2 (3) (a) of Schedule 12 to the Regulation is revoked and the following substituted:

(a) Escherichia coli;

(4) Clause 12-2 (3) (c) of Schedule 12 to the Regulation is revoked and the following substituted:

(c) if subsection 2-5 (1) of Schedule 2 applies to the system, general bacteria population expressed as colony counts on a heterotrophic plate count.

(5) Subsections 12-2 (4), (5) and (6) of Schedule 12 to the Regulation are revoked.

(6) Subsection 12-2 (7) of Schedule 12 to the Regulation is revoked and the following substituted:

(7) If a drinking-water system uses point of entry treatment units, the samples taken under subsection (1) shall be taken from locations downstream of the point of entry treatment units and,

(a) in the case of a non-municipal seasonal residential system that serves a major residential development, the samples shall be taken on a rotational basis so that a sample is taken from a location downstream of each point of entry treatment unit at least once every 24 months; and

(b) in any other case, the samples shall be taken on a rotational basis so that, after a sample is taken from a location downstream of a particular point of entry treatment unit, another sample is not taken from a location downstream of that unit until samples have been taken from locations downstream of all the other point of entry treatment units.

(7) Subsection 12-2 (8) of Schedule 12 to the Regulation is revoked.

(8) Subsections 12-3 (1) and (2) of Schedule 12 to the Regulation are revoked and the following substituted:

Raw water samples

(9) Clause 12-3 (3) (a) of Schedule 12 to the Regulation is revoked and the following substituted:

(a) Escherichia coli; and

(10) Section 12-4 of Schedule 12 to the Regulation is revoked and the following substituted:

Seven-day shutdowns, etc.

12-4. (1) Sections 12-2 and 12-3 do not apply to a large municipal non-residential system, small municipal non-residential system, large non-municipal non-residential system or small non-municipal non-residential system during a period of seven or more consecutive days when the system is not supplying water to any designated facilities or public facilities that are open.

(2) Sections 12-2 and 12-3 do not apply to a non-municipal seasonal residential system during a period of seven or more consecutive days when the system,

(a) is not supplying water to any designated facilities or public facilities that are open;

(b) is not supplying water to any major residential development; and

(3) If, pursuant to subsection (1) or (2), sections 12-2 and 12-3 do not apply to a drinking-water system during a period of seven or more consecutive days, the owner of the system and the operating authority for the system shall ensure that no drinking water is supplied to a user of water after that period until samples have been taken and tested under sections 12-2 and 12-3 and the results of the tests have been received by the owner and the operating authority.

24. (1) Paragraph 3 of section 13-1 of Schedule 13 to the Regulation is revoked.

(2) Paragraph 5 of section 13-1 of Schedule 13 to the Regulation is revoked.

(3) Section 13-2 of Schedule 13 to the Regulation is revoked and the following substituted:

Inorganics

13-2. (1) The owner of a large municipal residential system and the operating authority for the system shall ensure that,

(a) at least one water sample is taken every 12 months, if the system obtains water from a raw water supply that is surface water; or

(b) at least one water sample is taken every 36 months, if the system obtains water from a raw water supply that is ground water.

(2) The owner of a large municipal residential system and the operating authority for the system shall ensure that each of the samples taken under subsection (1) is tested for every parameter set out in Schedule 23.

(3) The owner of a small municipal residential system or non-municipal year-round residential system and the operating authority for the system shall ensure that at least one water sample is taken every 60 months and tested for every parameter set out in Schedule 23.

(4) Section 13-4 of Schedule 13 to the Regulation is revoked and the following substituted:

Organics

13-4. (1) The owner of a large municipal residential system and the operating authority for the system shall ensure that,

(a) at least one water sample is taken every 12 months, if the system obtains water from a raw water supply that is surface water; or

(b) at least one water sample is taken every 36 months, if the system obtains water from a raw water supply that is ground water.

25. Schedule 14 to the Regulation is revoked.

26. (1) Section 15-1 of Schedule 15 to the Regulation is revoked and the following substituted:

Application

15-1. This Schedule applies to the following drinking-water systems:

1. Large municipal non-residential systems.

2. Small municipal non-residential systems.

3. Non-municipal seasonal residential systems.

4. Large non-municipal non-residential systems.

5. Small non-municipal non-residential systems.

(2) Subsection 15-4 (2) of Schedule 15 to the Regulation is revoked and the following substituted:

(2) Subsection (1) does not apply to a large municipal non-residential system, small municipal non-residential system, large non-municipal non-residential system or small non-municipal non-residential system during a period of 60 or more consecutive days when the system is not supplying water to any designated facilities or public facilities that are open.

(3) Subsection (1) does not apply to a non-municipal seasonal residential system during a period of 60 or more consecutive days when the system,

(a) is not supplying water to any designated facilities or public facilities that are open;

(b) is not supplying water to any major residential development; and

27. (1) Paragraphs 4 and 5 of section 16-3 of Schedule 16 to the Regulation are revoked and the following substituted:

4. If the drinking-water system is required to provide secondary disinfection in accordance with section 1-5 of Schedule 1 or section 2-5 of Schedule 2, the system provides chlorination, the system does not provide chloramination and a report under subsection 18 (1) of the Act has not been made in respect of free chlorine residual in the preceding 24 hours, a result indicating that the concentration of free chlorine residual is less than 0.05 milligrams per litre in,

i. a distribution sample that is a grab sample, or

ii. two distribution samples that are tested by continuous monitoring equipment, if the two samples were taken 15 minutes or more apart and the later of the two samples was the first sample that was taken 15 minutes or more after the earlier sample.

5. If the drinking-water system is required to provide secondary disinfection in accordance with section 1-5 of Schedule 1 or section 2-5 of Schedule 2, the system provides chloramination and a report under subsection 18 (1) of the Act has not been made in respect of combined chlorine residual in the preceding 24 hours, a result indicating that the concentration of combined chlorine residual is less than 0.25 milligrams per litre and the concentration of free chlorine residual is less than 0.05 milligrams per litre in,

i. a distribution sample that is a grab sample, or

(2) Subparagraph 6 ii of section 16-3 of Schedule 16 to the Regulation is revoked and the following substituted:

ii. two samples of water from a filter effluent line that are tested by continuous monitoring equipment, if,

A. two samples were taken 15 minutes or more apart and the later of the two samples was the first sample that was taken 15 minutes or more after the earlier sample, and

B. the filter effluent line is directing water to the next stage of the treatment process.

(3) Section 16-3 of Schedule 16 to the Regulation is amended by adding the following subsection:

(2) Despite subsection (1), a result is not an adverse test result of a drinking-water test for the purpose of section 18 of the Act if,

(a) the result indicates compliance with a condition in an approval or licence that was imposed under clause 38 (2) (b), 46 (2) (b) or 60 (2) (b) of the Act; and

(b) the test was conducted at the drinking-water system or the owner or operating authority for the system gave written notice of the condition referred to in clause (a) to the laboratory that conducted the test.

(4) Section 16-4 of Schedule 16 to the Regulation is revoked and the following substituted:

Duty to report other observations

16-4. If an observation other than an adverse test result prescribed by section 16-3 indicates that a drinking-water system that provides or is required to provide disinfection is directing water to users of water from the system that has not been disinfected in accordance with the Ministry’s Procedure for Disinfection of Drinking Water in Ontario,

(a) the owner of the system shall report to the Ministry and the medical officer of health immediately after the observation is made; or

(b) if an operating authority is responsible for the operation of the system, the operating authority shall report to the Ministry, the medical officer of health and the owner of the system immediately after the observation is made.

(5) Subsection 16-5 (1) of Schedule 16 to the Regulation is revoked and the following substituted:

Report to designated facilities

(1) An owner of a drinking-water system who is required to report under subsection 18 (1) of the Act or clause 16-4 (a) or who receives a report under clause 16-4 (b) shall report to the operator of each designated facility served by the system immediately after making the report under subsection 18 (1) of the Act or clause 16-4 (a) or receiving the report under clause 16-4 (b).

(6) Section 16-8 of Schedule 16 to the Regulation is amended by adding the following subsections:

(1.1) Subsection (1) does not apply to an immediate report given by the owner of a drinking-water system if the report relates to an adverse test result from a test that that was not conducted at the system.

(1.2) If the person operating a laboratory gives an immediate report under section 18 of the Act in respect of a result that exceeds any of the standards prescribed by Schedule 1 to the Ontario Drinking-Water Quality Standards for a water sample that was required, by this Regulation or an approval or order, including an OWRA approval or OWRA order, to be tested for a microbiological parameter, and the laboratory received notice of the test result for the other sample that, under section 6-3 of Schedule 6, was required to be taken and tested for free chlorine residual or combined chlorine residual, the immediate report must also specify that test result.

(7) Subsection 16-8 (2) of Schedule 16 to the Regulation is amended by striking out “by the owner of a drinking-water system” in the portion before clause (a).

(8) Subsection 16-8 (3) of Schedule 16 to the Regulation is revoked and the following substituted:

(3) Subsection (2) does not apply to a report given under paragraph 2 of subsection 18 (1) of the Act by a person operating a laboratory.

(4) Subject to subsection (3), subsections (1) to (2) also apply, with necessary modifications, to the written notice given under section 16-7.

(9) Schedule 16 to the Regulation is amended by adding the following section:

Operating authorities

16-10. An operating authority that has agreed with the owner of a drinking-water system to give reports or notices on behalf of the owner under section 18 of the Act or this Schedule shall comply with the agreement.

28. (1) Paragraph 1 of section 17-4 of Schedule 17 to the Regulation is revoked and the following substituted:

1. Immediately flush the watermains and restore secondary disinfection to ensure that,

i. a free chlorine residual of at least 0.05 milligrams per litre is achieved at all points in the affected parts of the distribution system, if the drinking-water system provides chlorination and does not provide chloramination, or

ii. a combined chlorine residual of at least 0.25 milligrams per litre is achieved at all points in the affected parts of the distribution system, if the drinking-water system provides chloramination.

(2) Section 17-5 of Schedule 17 to the Regulation is amended by striking out “in respect of Escherichia coli (E. coli) or fecal coliforms, the owner” in the portion before paragraph 1 and substituting “in respect of Escherichia coli (E. coli), the owner”.

(3) Paragraph 3 of section 17-5 of Schedule 17 to the Regulation is amended by striking out “until Escherichia coli (E. coli) or fecal coliforms are not detected” and substituting “until Escherichia coli (E. coli) is not detected”.

(4) Paragraph 1 of section 17-6 of Schedule 17 to the Regulation is revoked and the following substituted:

1. Resample and test as soon as reasonably possible.

(5) Sections 17-7 and 17-8 of Schedule 17 to the Regulation are revoked.

(6) Paragraph 1 of section 17-9 of Schedule 17 to the Regulation is revoked and the following substituted:

1. Resample and test as soon as reasonably possible.

(7) Paragraph 1 of section 17-10 of Schedule 17 to the Regulation is revoked and the following substituted:

1. Resample and test as soon as reasonably possible.

(8) Paragraph 1 of section 17-11 of Schedule 17 to the Regulation is revoked and the following substituted:

1. Resample and test as soon as reasonably possible.

(9) Paragraph 1 of section 17-12 of Schedule 17 to the Regulation is revoked and the following substituted:

1. Resample and test as soon as reasonably possible.

(10) Paragraph 1 of section 17-13 of Schedule 17 to the Regulation is revoked and the following substituted:

1. Resample and test as soon as reasonably possible.

29. (1) Paragraph 2 of section 18-2 of Schedule 18 to the Regulation is revoked and the following substituted:

2. Immediately take all reasonable steps to notify all users of water from the system to use an alternate source of drinking water or, if no alternate source is available, to bring water to a rapid rolling boil for at least one minute before use.

(2) Subparagraph 4 i of section 18-3 of Schedule 18 to the Regulation is revoked and the following substituted:

i. immediately take all reasonable steps to notify all users of water from the system to use an alternate source of drinking water or, if no alternate source is available, to bring water to a rapid rolling boil for at least one minute before use,

(3) Paragraphs 1 and 2 of section 18-4 of Schedule 18 to the Regulation are revoked and the following substituted:

1. Immediately flush the distribution system and any plumbing owned by the owner of the drinking-water system, and restore secondary disinfection to ensure that,

i. a free chlorine residual of at least 0.05 milligrams per litre is quickly achieved at all points in the affected parts of the distribution system and plumbing, if the drinking-water system provides chlorination and does not provide chloramination, or

ii. a combined chlorine residual of at least 0.25 milligrams per litre is quickly achieved at all points in the affected parts of the distribution system and plumbing, if the drinking-water system provides chloramination.

2. If the drinking-water system provides chlorination, the system does not provide chloramination and a free chlorine residual of at least 0.05 milligrams per litre cannot be quickly achieved at all points in the affected parts of the distribution system and plumbing, immediately take all reasonable steps to notify all users of water from the system to use an alternate source of drinking water or, if no alternate source is available, to bring water to a rapid rolling boil for at least one minute before use.

2.1 If the drinking-water system provides chloramination and a combined chlorine residual of at least 0.25 milligrams per litre cannot be quickly achieved at all points in the affected parts of the distribution system and plumbing, immediately take all reasonable steps to notify all users of water from the system to use an alternate source of drinking water or, if no alternate source is available, to bring water to a rapid rolling boil for at least one minute before use.

(4) Sections 18-5 and 18-6 of Schedule 18 to the Regulation are revoked and the following substituted:

Escherichia coli (E. coli)

18-5. If a report is required to be made under section 18 of the Act in respect of Escherichia coli (E. coli), the owner of the drinking-water system and the operating authority for the system shall ensure that the following corrective action is taken:

1. Immediately take all reasonable steps to notify all users of water from the system to use an alternate source of drinking water or, if no alternate source is available, to bring water to a rapid rolling boil for at least one minute before use.

2. Immediately resample and test.

3. Immediately increase the chlorine dose and flush the distribution system and any plumbing owned by the owner of the drinking-water system to ensure that,

i. a free chlorine residual of at least 0.2 milligrams per litre is achieved at all points in the affected parts of the distribution system and plumbing, if the drinking-water system provides chlorination and does not provide chloramination, or

ii. a combined chlorine residual of at least 1.0 milligrams per litre is achieved at all points in the affected parts of the distribution system and plumbing, if the drinking-water system provides chloramination.

4. If the drinking-water system provides chlorination or chloramination, maintain the free chlorine residual or combined chlorine concentration referred to in paragraph 3 in the affected parts of the distribution system and plumbing, and continue to resample and test, until Escherichia coli (E. coli) is not detected in any of the samples from two consecutive sets of samples taken 24 to 48 hours apart or as otherwise directed by the medical officer of health.

5. If the drinking-water system does not provide chlorination or chloramination, immediately take the relevant corrective action steps described in the Ministry’s Procedure for Corrective Action for Systems Not Currently Using Chlorine.

6. Take such other steps as are directed by the medical officer of health.

Total coliforms

18-6. If a report is required to be made under section 18 of the Act in respect of total coliforms, the owner of the drinking-water system and the operating authority for the system shall ensure that the following corrective action is taken:

1. Resample and test as soon as reasonably possible.

2. If total coliforms are detected under paragraph 1, immediately increase the chlorine dose and flush the distribution system and any plumbing owned by the owner of the drinking-water system to ensure that,

3. If total coliforms are detected under paragraph 1 and the drinking-water system provides chlorination or chloramination, maintain the free chlorine residual or combined chlorine concentration referred to in paragraph 2 in the affected parts of the distribution system and plumbing, and continue to resample and test, until total coliforms are not detected in any of the samples from two consecutive sets of samples taken 24 to 48 hours apart or as otherwise directed by the medical officer of health.

4. If total coliforms are detected under paragraph 1 and the drinking-water system does not provide chlorination or chloramination, immediately take the relevant corrective action steps described in the Ministry’s Procedure for Corrective Action for Systems Not Currently Using Chlorine.

5. Take such other steps as are directed by the medical officer of health.

(5) Sections 18-7 and 18-8 of Schedule 18 to the Regulation are revoked.

(6) Section 18-9 of Schedule 18 to the Regulation is revoked and the following substituted:

Aeromonas spp., etc.

18-9. If a report is required to be made under section 18 of the Act in respect of Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci), the owner of the drinking-water system and the operating authority for the system shall ensure that the following corrective action is taken:

1. Resample and test as soon as reasonably possible.

2. If Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) are detected under paragraph 1, immediately increase the chlorine dose and flush the distribution system and any plumbing owned by the owner of the drinking-water system to ensure that,

3. If Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) are detected under paragraph 1 and the drinking-water system provides chlorination or chloramination, maintain the free chlorine residual or combined chlorine concentration referred to in paragraph 2 in the affected parts of the distribution system and plumbing, and continue to resample and test, until Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) are not detected in any of the samples from two consecutive sets of samples taken 24 to 48 hours apart or as otherwise directed by the medical officer of health.

4. If Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) are detected under paragraph 1 and the drinking-water system does not provide chlorination or chloramination, immediately take the relevant corrective action steps described in the Ministry’s Procedure for Corrective Action for Systems Not Currently Using Chlorine.

5. Take such other steps as are directed by the medical officer of health.

(7) Paragraph 1 of section 18-10 of Schedule 18 to the Regulation is revoked and the following substituted:

1. Resample and test as soon as reasonably possible.

(8) Paragraph 1 of section 18-11 of Schedule 18 to the Regulation is revoked and the following substituted:

1. Resample and test as soon as reasonably possible.

(9) Paragraph 1 of section 18-12 of Schedule 18 to the Regulation is revoked and the following substituted:

1. Resample and test as soon as reasonably possible.

(10) Paragraph 1 of section 18-13 of Schedule 18 to the Regulation is revoked and the following substituted:

1. Resample and test as soon as reasonably possible.

30. Clause 19-2 (1) (a) of Schedule 19 to the Regulation is revoked and the following substituted:

(a) the owner or operating authority is required under Schedule 18 to take all reasonable steps to ensure that all users of water from the system are notified to use an alternate source of drinking water or, if no alternate source is available, to bring water to a rapid rolling boil for at least one minute before use; or

31. Schedule 20 to the Regulation is revoked.

32. (1) Subsection 21-2 (1) of Schedule 21 to the Regulation is amended by striking out “after sections 2-2 to 2-6 begin to apply” and substituting “after paragraph 2 of subsection 2-2 (1) begins to apply”.

(2) Subsection 21-2 (3) of Schedule 21 to the Regulation is revoked and the following substituted:

(3) If an OWRA approval was granted after August 1, 2000 in respect of the system and the owner of the system gives the Director a written statement by a professional engineer who has experience in sanitary engineering related to drinking-water systems stating that,

(a) the professional engineer or a person under his or her supervision has visited the system; and

(b) in the professional engineer’s opinion,

(i) all equipment required in order to ensure compliance with Schedule 2 is being provided, and

(ii) all equipment required in order to ensure compliance with Schedules 6, 8 and 9 is being provided,

the owner of the system shall be deemed to have complied with subsection (1) and with the owner’s first obligation to give a notice to the Director under section 21-7, and, for the purpose of this Schedule, the report required by subsection (1) shall be deemed to have been required to be prepared not later than the date the OWRA approval was granted.

(3) Section 21-3 of Schedule 21 to the Regulation is amended by adding the following subsection:

(3) Subsection (1) does not apply to a non-municipal year-round residential system if, pursuant to subsection 2-11 (2) of Schedule 2, paragraph 2 of section 2-2 of Schedule 2 does not apply to the system immediately after it commences operation, but, if that paragraph later applies to the system, the owner of the system shall ensure that, not later than 30 days after the date that paragraph begins to apply, a professional engineer who has experience in sanitary engineering related to drinking-water systems prepares a report that complies with section 21-5.

(4) Section 21-4 of Schedule 21 to the Regulation is revoked.

(5) Clause 21-5 (b) of Schedule 21 to the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(b) the professional engineer who prepares the report states in the report that the professional engineer or a person under his or her supervision has visited the drinking-water system and that, in the professional engineer’s opinion,

. . . . .

(6) Section 21-6 of Schedule 21 to the Regulation is amended by striking out “a report under section 21-2, 21-3 or 21-4” and substituting “a report under section 21-2 or 21-3”.

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O. Reg. 247/06: Drinking Water Systems

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