O. Reg. 322/08: Drinking Water Testing Services

 

ontario regulation 322/08

made under the

safe drinking water act, 2002

Made: September 10, 2008
Filed: September 16, 2008
Published on e-Laws: September 18, 2008
Printed in The Ontario Gazette: October 4, 2008

Amending O. Reg. 248/03

(Drinking Water Testing Services)

1. (1) Sub-subparagraph 3 ii A of section 6 of Ontario Regulation 248/03 is revoked and the following substituted:

A. sections 18, 18.1, 67 and 69 of the Act,

(2) Subparagraph 3 ii of section 6 of the Regulation is amended by adding “and” at the end of sub-subparagraph C and by revoking sub-subparagraph D.

2. (1) Paragraph 1 of subsection 12 (3) of the Regulation is amended by striking out “or Ontario Regulation 252/05 (Non-Residential and Non-Municipal Seasonal Residential Systems that Do Not Serve Designated Facilities)” at the end.

(2) Section 12 of the Regulation is amended by adding the following subsection:

(3.1) If a report prepared under subsection (2) relates to a test required under Ontario Regulation 318/08 (Transitional — Small Drinking Water Systems) or Ontario Regulation 319/08 (Small Drinking Water Systems), both made under the Health Protection and Promotion Act, the person who prepared the report shall, within 28 days after the reporting of the test result is authorized pursuant to subsection (1), give a copy of the report to the medical officer of health in the manner approved by the Director.

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

Drinking water systems governed under Health Protection and Promotion Act

12.1 (1) Subsection 18.1 (1) of the Act does not apply to a drinking water test conducted on any waters from a small drinking water system within the meaning of the Health Protection and Promotion Act unless,

(a) the test is required under Ontario Regulation 318/08 (Transitional — Small Drinking Water Systems) or Ontario Regulation 319/08 (Small Drinking Water Systems), both made under the Health Protection and Promotion Act;

(b) the test,

(i) is conducted by or pursuant to the request of the owner or operator of the small drinking water system or a person employed by the owner or operator, and

(ii) does not relate to water that is supplied exclusively for,

(A) agricultural operations,

(B) landscaping operations,

(C) industrial or manufacturing operations, including food manufacturing or processing operations, or

(D) swimming pool or skating rink maintenance operations;

(c) the test is conducted pursuant to an order made under section 100, 108 or 109 of the Act or a notice of emergency response issued under section 110 of the Act;

(d) the test is conducted pursuant to the request of the medical officer of health or a member of the staff of the medical officer of health; or

(e) the test is conducted pursuant to the request of a person employed in the Ministry of Health and Long-Term Care, the Ministry of Labour or the Ministry of the Environment.

(2) The following are prescribed as adverse results of a drinking water test for the purpose of section 18.1 of the Act:

1. A result that exceeds any of the standards prescribed by Schedule 1, 2 or 3 to the Ontario Drinking Water Quality Standards if the result is from a sample of drinking water.

2. A result indicating the presence of Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci) in a sample of drinking water.

3. A result indicating the presence of a pesticide not listed in Schedule 2 to the Ontario Drinking Water Quality Standards in a sample of drinking water, at any concentration.

4. If a permission issued under section 5 of Ontario Regulation 319/08 (Small Drinking Water Systems) or a directive issued under section 7 of that regulation establishes a maximum concentration for a parameter, a result indicating that the maximum concentration for the parameter is exceeded in a sample of drinking water.

5. A result indicating that the concentration of sodium exceeds 20 milligrams per litre in a sample of drinking water, if a report under subsection 18.1 (1) of the Act has not been made in respect of sodium in the preceding 60 months.

(3) A person who is required to report immediately under section 18.1 of the Act shall do so in accordance with subsections (4) to (6) and (10) to (13).

(4) An immediate report required under subsection 18.1 (1) of the Act must be given,

(a) to the medical officer of health, by speaking in person or by telephone with a person at the office of the medical officer of health or, if the office is closed, by speaking with a person at the on-call system of the health unit; and

(b) to the Ministry of Health and Long-Term Care, by sending a written report to that Ministry.

(5) An immediate notice required under subsection 18.1 (3) of the Act must be given by speaking in person or by telephone with a person designated for that purpose by the owner of the system.

(6) Subsection 18.1 (3) of the Act does not apply if,

(a) the person operating the laboratory makes all reasonable efforts to give the immediate notice required by subsection 18.1 (3) of the Act but is unable to do so; and

(b) the person operating the laboratory makes all reasonable efforts to give the notice, as soon as reasonably possible, by speaking in person or by telephone with a person referred to in subsection (5).

(7) A person who is required to report immediately to the medical officer of health under subsection 18.1 (1) of the Act shall also give the medical officer of health a written notice in accordance with subsections (8) to (13).

(8) A written notice required by subsection (7) must be given within 24 hours after the immediate report is given under subsection 18.1 (1) of the Act.

(9) A written notice required by subsection (7) must be given by delivering the written notice to the office of the medical officer of health.

(10) An immediate report or notice given under section 18.1 of the Act or notice given under this section must specify the adverse test result that requires the report or notice.

(11) If the person operating a laboratory gives an immediate report under section 18.1 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 described in subsection (12), and the laboratory received notice of the test result for the other sample that, under section 1-3 of Schedule 1 to Ontario Regulation 318/08 (Transitional — Small Drinking Water Systems) or section 18 of Ontario Regulation 319/08 (Small Drinking Water Systems), was required to be taken and tested for free chlorine residual or combined chlorine residual, the immediate report must also specify that test result.

(12) Subsection (11) applies to the following water samples:

1. A water sample that was required to be tested for a microbiological parameter pursuant to an order made under section 100, 108 or 109 of the Act or a notice of emergency response issued under section 110 of the Act.

2. A water sample that was required to be tested for a microbiological parameter pursuant to the request of the medical officer of health or a member of the staff of the medical officer of health.

3. A water sample that was required to be tested for a microbiological parameter under Ontario Regulation 318/08 (Transitional — Small Drinking Water Systems) or Ontario Regulation 319/08 (Small Drinking Water Systems);

(13) Where this section requires a written notice or report, the notice or report must be in a form provided by or approved by the Director.

(14) Subsection 63 (1) of the Act does not apply to a person who conducts a test for a parameter listed in subsection 2 (1) at a drinking water system to which Ontario Regulation 319/08 (Small Drinking Water Systems) applies.

4. Paragraph 4 of subsection 13 (1) of the Regulation is revoked and the following substituted:

4. All documents relating to reports made under section 18 or 18.1 of the Act, Schedule 16 to Ontario Regulation 170/03 (Drinking Water Systems) or section 12.1 of this Regulation, including transmittal records.

5. Subsection 15 (8.1) of the Regulation is revoked and the following substituted:

(8.1) Subsection 63 (1) of the Act does not apply to a person who conducts a test for a parameter referred to in paragraph 9, 10 or 23 of subsection 2 (1) at a drinking water system to which Ontario Regulation 318/08 (Transitional — Small Drinking Water Systems) made under the Health Protection and Promotion Act applies.

6. This Regulation comes into force on the day that subsection 1 (8) of Schedule D to the Health System Improvements Act, 2007 comes into force.