O. Reg. 418/09: Drinking Water Systems

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ontario regulation 418/09

made under the

safe drinking water act, 2002

Made: October 22, 2009
Filed: October 30, 2009
Published on e-Laws: November 3, 2009
Printed in The Ontario Gazette: November 14, 2009

Amending O. Reg. 170/03

(Drinking Water Systems)

1. (1) The English version of the definition of “Procedure for Corrective Action for Systems Not Currently Using Chlorine” in subsection 1 (1) of Ontario Regulation 170/03 is amended by striking out “(mesures correctives à prendre pour les réseaux n’utilisant pas de chlore)” and substituting “(Mesures correctives à prendre pour les réseaux n’utilisant pas de chlore)”.

(2) The English version of the definition of “Procedure for Disinfection of Drinking Water in Ontario” in subsection 1 (1) of the Regulation is amended by striking out “(procédure de désinfection de l’eau potable en Ontario)” and substituting “(Marche à suivre pour désinfecter l’eau potable en Ontario)”.

(3) The definition of “professional engineer” in subsection 1 (1) of the Regulation is revoked.

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

“licensed engineering practitioner” means a person who holds a licence, limited licence or temporary licence under the Professional Engineers Act; (“praticien de l’ingénierie titulaire d’un permis”)

(5) The following provisions of the Regulation are amended by striking out “professional engineer” wherever it appears and substituting in each case “licensed engineering practitioner”:

1. Paragraph 7 of subsection 2 (2), clause 2 (3) (a).

2. Paragraph 4 of subsection 13 (3), subsection 13 (6).

3. Clauses 2-4 (1) (b), 2-5 (1) (b) and 2-12 (2) (b) of Schedule 2.

4. The following provisions in Schedule 5:

i. Paragraph 1 of subsection 5-4 (1).

ii. Subparagraphs 2 i and ii of subsection 5-4 (1).

iii. Paragraph 3 of subsection 5-4 (1), in the portion before subparagraph i.

iv. Subparagraph 3 iii of subsection 5-4 (1), in the portion before sub-subparagraph A.

v. Subparagraph 3 iv of subsection 5-4 (1), in the portion before sub-subparagraph A.

vi. Paragraph 4 of subsection 5-4 (1), in the portion before subparagraph i.

vii. Paragraph 5 of subsection 5-4 (1), in the portion before subparagraph i.

5. Clause 6-7 (1) (b) of Schedule 6.

6. The following provisions in Schedule 21:

i. Subsection 21-2 (1), subsection 21-2 (3), in the portion before clause (a), clause 21-2 (3) (a) and clause 21-2 (3) (b) in the portion before subclause (i).

ii. Subsections 21-3 (1) and (3) of Schedule 21.

iii. Clause 21-5 (b), in the portion before subclause (i) and clause 21-5 (c).

iv. Section 21-6.

2. Clause 2 (3) (b) of the Regulation is amended by striking out “an approval” and substituting “an approval, drinking water works permit or municipal drinking water licence”.

3. Subsection 5 (5) of the Regulation is amended by striking out “subclauses (4) (b) (i) and (ii)” and substituting “subclauses (4) (b) (i), (ii) and (iii)”.

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

Water obtained through transportation

5.1 (1) If a drinking water system to which an exemption set out in section 5 applies obtains water through transportation, the transported drinking water must be 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) If a non-municipal year-round residential system obtains all of its water through transportation, Schedule 21 does not apply to the system that obtains the water.

(3) If a non-municipal seasonal residential system obtains all of its water through transportation, Schedule 21 does not apply to the system that obtains the water.

5. Subsection 7 (1) of the Regulation is amended by striking out “Schedules 2, 3, 8, 9 and 11 to 15” in the portion before paragraph 1 and substituting “Schedules 2, 3, 8, 9, 11 to 15 and 21”.

6. (1) Subsection 8.1 (1) of the Regulation is amended by striking out “a municipal drinking water system” in the portion before clause (a) and substituting “a person operating a municipal drinking water system”.

(2) Subsection 8.1 (2) of the Regulation is amended by striking out “a large municipal non-residential system” and substituting “a person operating a large municipal non-residential system”.

(3) Subsection 8.1 (3) of the Regulation is amended by striking out “a non-municipal year-round residential system” in the portion before clause (a) and substituting “a person operating a non-municipal year-round residential system”.

(4) Subsection 8.1 (4) of the Regulation is amended by striking out “a non-municipal year-round residential system” and substituting “a person operating a non-municipal year-round residential system”.

(5) Subsection 8.1 (5) of the Regulation is amended by striking out “a large non-municipal non-residential system” and substituting “a person operating a large non-municipal non-residential system”.

(6) Subsection 8.1 (5.1) of the Regulation is amended by striking out “a non-municipal year-round residential system” and substituting “a person operating a non-municipal year-round residential system”.

(7) Subsection 8.1 (6) of the Regulation is amended by striking out “a large municipal non-residential system” and substituting “a person operating a large municipal non-residential system”.

(8) Subsection 8.1 (7) of the Regulation is amended by striking out “a drinking water system” and substituting “a person operating a drinking water system”.

7. Clause 9 (2) (d) of the Regulation is amended by striking out “an approval granted by a Director” at the end and substituting “an approval, drinking water works permit or municipal drinking water licence”.

8. Clause 11 (6) (c) of the Regulation is amended by striking out “or an approval or order, including an OWRA order” and substituting “or under an approval, municipal drinking water licence or order, including an OWRA order”.

9. Paragraphs 1 and 2 of subsection 12 (1) of the Regulation are revoked and the following substituted:

1. A copy of every test result obtained in respect of a test required under this Regulation, or where continuous monitoring equipment is used under section 6-5 of Schedule 6, the daily minimum, maximum, and mean results obtained in respect of a test required under this Regulation, or under an approval, municipal drinking water licence or order, including an OWRA order.

2. A copy of every approval, drinking water works permit, municipal drinking water licence and order, including OWRA orders, that applies to the system and is still in effect, if the approval, permit, licence or order was issued after January 1, 2001.

10. (1) Paragraph 2 of subsection 13 (1) of the Regulation is amended by striking out “under an approval or order, including an OWRA approval or OWRA order” and substituting “under an approval, municipal drinking water licence or order, including an OWRA approval or OWRA order”.

(2) Subparagraph 1 ii.1 of subsection 13 (2) of the Regulation is revoked and the following substituted:

ii.1 Any provision in Schedule 15.1.

(3) Paragraph 2 of subsection 13 (2) of the Regulation is amended by striking out “under an approval or order, including an OWRA approval or OWRA order” and substituting “under an approval, municipal drinking water licence or order, including an OWRA approval or OWRA order”.

11. Paragraph 1 of subsection 1-2 (1) of Schedule 1 to the Regulation is amended by striking out “Any well used as a raw water supply” and substituting “Any well that serves as an entry point of raw water supply”.

12. Paragraph 1 of subsection 2-2 (1) of Schedule 2 to the Regulation is amended by striking out “Any well used as a raw water supply” and substituting “Any well that serves as an entry point of raw water supply”.

13. Subparagraph 4 ii of subsection 3-1.1 (1) of Schedule 3 to the Regulation is revoked and the following substituted:

ii. in the case of a small municipal residential system that requires an approval, drinking water works permit or municipal drinking water licence 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, permit or licence.

14. (1) Section 4-4 of Schedule 4 to the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

Assessment

4-4. A person who proposes that the Director include a condition under clause 38 (2) (a) or 46 (2) (a) of the Act in an approval or municipal drinking water licence shall ensure that a written assessment is prepared in accordance with the following rules before an application is made under clause 38 (3) (a) or 46 (3) (a) of the Act:

. . . . .

(2) Section 4-5 of Schedule 4 to the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

Consultation

4-5. A person who proposes that the Director include a condition under clause 38 (2) (a) or 46 (2) (a) of the Act in an approval or municipal drinking water licence shall ensure that public consultation is conducted in accordance with the following rules before an application is made under clause 38 (3) (a) or 46 (3) (a) of the Act:

. . . . .

15. (1) Subsection 6-1.1 (1) of Schedule 6 to the Regulation is amended by striking out “an approval or order, including an OWRA approval or OWRA order” and substituting “an approval, municipal drinking water licence or order, including an OWRA approval or OWRA order”.

(2) Subsection 6-1.1 (2) of Schedule 6 to the Regulation is amended by striking out “an approval or order, including an OWRA approval or OWRA order” and substituting “an approval, municipal drinking water licence or order, including an OWRA approval or OWRA order”.

(3) Subsection 6-1.1 (3) of Schedule 6 to the Regulation is amended by striking out “an approval or order, including an OWRA approval or OWRA order” and substituting “an approval, municipal drinking water licence or order, including an OWRA approval or OWRA order”.

(4) Subsection 6-1.1 (4) of Schedule 6 to the Regulation is amended by striking out “an approval or order, including an OWRA approval or OWRA order” and substituting “an approval, municipal drinking water licence or order, including an OWRA approval or OWRA order”.

(5) Subsection 6-1.1 (5) of Schedule 6 to the Regulation is amended by striking out “an approval or order, including an OWRA approval or OWRA order” and substituting “an approval, municipal drinking water licence or order, including an OWRA approval or OWRA order”.

(6) Subsection 6-1.1 (6) of Schedule 6 to the Regulation is amended by striking out “an approval or order, including an OWRA approval or OWRA order” and substituting “an approval, municipal drinking water licence or order, including an OWRA approval or OWRA order”.

(7) Subsection 6-1.1 (7) of Schedule 6 to the Regulation is amended by striking out “an approval or order, including an OWRA approval or OWRA order” and substituting “an approval, municipal drinking water licence or order, including an OWRA approval or OWRA order”.

(8) Subsection 6-1.1 (8) of Schedule 6 to the Regulation is amended by striking out “an approval or order, including an OWRA approval or OWRA order” and substituting “an approval, drinking water works permit, municipal drinking water licence or order, including an OWRA approval or OWRA order”.

(9) Section 6-2 of Schedule 6 to the Regulation is amended by striking out “under an approval or order” and substituting “under an approval, municipal drinking water licence or order”.

(10) Subsection 6-3 (1) of Schedule 6 to the Regulation is amended by striking out “an approval or order” in the portion before clause (a) and substituting “an approval, municipal drinking water licence or order”.

(11) Subsection 6-4 (1) of Schedule 6 to the Regulation is amended by striking out “under an approval or order” and substituting “under an approval, municipal drinking water licence or order”.

(12) Subsection 6-4 (2) of Schedule 6 to the Regulation is amended by striking out “under an approval or order” in the portion before clause (a) and substituting “under an approval, municipal drinking water licence or order”.

(13) Subsection 6-4 (3) of Schedule 6 to the Regulation is amended by striking out “under an approval or order” and substituting “under an approval, municipal drinking water licence or order”.

(14) Subsection 6-5 (1) of Schedule 6 to the Regulation is amended by striking out “under an approval or order” in the portion before paragraph 1 and substituting “under an approval, drinking water works permit, municipal drinking water licence or order”.

(15) Section 6-8 of Schedule 6 to the Regulation is amended by striking out “an approval or order” in the portion before clause (a) and substituting “an approval, municipal drinking water licence or order”.

(16) Subsection 6-9 (6) of Schedule 6 to the Regulation is amended by striking out “an approval or order” and substituting “an approval, municipal drinking water licence or order”.

(17) Subsection 6-10 (1) of Schedule 6 to the Regulation is amended by striking out “an approval or order” in the portion before paragraph 1 and substituting “an approval, municipal drinking water licence or order”.

16. Subsection 7-3 (1) of Schedule 7 to the Regulation is amended by striking out “immediately”.

17. Subsection 8-4 (1) of Schedule 8 to the Regulation is amended by striking out “immediately”.

18. Subsection 10-4 (2) of Schedule 10 to the Regulation is revoked and the following substituted:

(2) If the drinking water system obtains water from a raw water supply that is ground water, or 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 sample is taken under subsection (1) from each well in the system.

19. Clause 11-4 (1) (b) of Schedule 11 to the Regulation is amended by striking out “the drinking water system supplies water only to private residences that are occupied by the owner of the system” and substituting “the drinking water system supplies water only to five or fewer private residences, and all private residences are occupied by the owner of the system”.

20. Clause 13-11 (b) of Schedule 13 to the Regulation is amended by striking out “the drinking water system supplies water only to private residences that are occupied by the owner of the system” and substituting “the drinking water system supplies water only to five or fewer private residences, and all private residences are occupied by the owner of the system”.

21. (1) Section 15.1-4 of Schedule 15.1 to the Regulation is amended by adding the following subsection:

(3) Despite subsection (1), if the population served by a drinking water system is less than 100 and if the number of buildings served by the system is less than five, the sampling requirements set out in subsection (1) do not apply and instead, one sample per building must be taken from plumbing that serves a private residence within the building, during the periods described in subsection (2) and in accordance with subsection 15.1-6 (1), paragraphs 1 and 2 of subsection 15.1-6 (2) and subsections 15.1-7 (1), (3) and (4).

(2) Section 15.1-5 of Schedule 15.1 to the Regulation is amended by adding the following subsections:

(8) Despite subsection (3), if the population served by the drinking water system is less than 100 and if the number of buildings served by the system is less than five, the sampling requirements set out in subsection (3) do not apply and instead, one sample per building must be taken from plumbing that serves a private residence within the building, during the periods described in subsection (2) and in accordance with subsection 15.1-6 (1), paragraphs 1 and 2 of subsection 15.1-6 (2) and subsections 15.1-7 (1), (3) and (4).

(9) The requirements for taking samples set out in clauses (3) (a) and (b) and subsection (8) cease to apply to a drinking water system if, in each of two consecutive periods described in subsection (5) not more than 10 per cent of all the samples from plumbing taken under clause (3) (a) or (b) or subsection (8), or taken in accordance with a condition imposed under subsection 38 (2), 46 (2) or 60 (2) of the Act with respect to a system that serves a population of less than 50,000, that were tested for lead exceed the standard prescribed for lead, according to the results of the tests conducted under clause 15.1-7 (3) (a) or under a condition imposed under subsection 38 (2), 46 (2) or 60 (2) of the Act.

(10) When the requirements for taking samples set out in clauses (3) (a) and (b) and subsection (8) cease to apply under subsection (9) to a drinking water system, the owner of the drinking water system and the operating authority for the system shall ensure that samples are taken as described in clause (3) (c), in accordance with subsection 15.1-7 (2),

(a) to test for total alkalinity and for pH during each of the periods described in subsection (5) in every 12-month period; and

(b) to test for lead during each of the periods described in subsection (5) in every third 12-month period.

(11) The requirements for taking samples set out in clauses (3) (a) and (b) and subsection (8) apply to a drinking water system again if the Director provides a written direction to the owner or operating authority of the system that the requirements apply to the system.

(12) The Director shall not provide a written direction under subsection (11) unless the Director has knowledge of water chemistry changes in the water of the drinking water system and in the Director’s opinion the changes may increase levels of lead in the drinking water supplied by plumbing that is connected to the drinking water system.

(3) Paragraph 3 of subsection 15.1-6 (2) of Schedule 15.1 to the Regulation is revoked and the following substituted:

3. Samples must not be taken from more than one point in the same building, unless the number of buildings served by the drinking water system is less than the number of sampling points set out in Column 3 of the Table to section 15.1-4 opposite the population served by the drinking water system.

(4) Subsection 15.1-7 (1) of Schedule 15.1 to the Regulation is amended by adding the following paragraph:

2.1 The samples must be of cold water.

(5) Subsection 15.1-7 (2) of Schedule 15.1 to the Regulation is amended by adding the following paragraphs:

3. If a sample cannot be taken from a point in the system’s distribution system, a sample of cold water may be taken instead from a point in plumbing connected to the distribution system, provided that before the sample is taken the point is flushed until the quality of the water at the point is representative of the quality of water in the part of the distribution system that is connected to the plumbing.

4. Samples must not be taken from points in the distribution system where lead levels are likely to be elevated due to materials used in fixtures or appurtenances located at or near the sampling point.

(6) Subsection 15.1-9 (1) of Schedule 15.1 to the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

Reporting requirements for samples taken from plumbing

(1) If the operating authority for a drinking water system or the owner of a drinking water system receives a report of a test result for a test conducted on any sample referred to in subsection (2.1), the operating authority or owner shall, within seven days after receiving the report, give the following to the occupant of the premises served by the tap from which the sample was taken and, if the sample was taken from a private residence within a multi-unit residential building, the owner of the building or their agent:

. . . . .

(7) Subsection 15.1-9 (2) of Schedule 15.1 to the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) If a laboratory conducts a test of a sample referred to in subsection (2.1) and a result of the test exceeds any Schedule 2 standard, the laboratory shall, within 24 hours after the result is authorized pursuant to subsection 12 (1) or paragraph 4 of subsection 12.0.1 (3) of Ontario Regulation 248/03 (Drinking Water Testing Services) made under the Act, give a written report to,

. . . . .

(8) Section 15.1-9 of Schedule 15.1 to the Regulation is amended by adding the following subsection:

(2.1) The requirements set out in subsections (1) and (2) apply in respect of any sample taken from plumbing under subsection 15.1-4 (1) or (3) or subsection 15.1-5 (3), (4) or (8), in accordance with sections 15.1-6 and 15.1-7, whether or not the sample is taken in a period specified in subsection 15.1-4 (2) or 15.1-5 (5).

(9) Section 15.1-9 of Schedule 15.1 to the Regulation is amended by adding the following subsection:

(6.1) If, during a period described in subsection 15.1-4 (2) or subsection 15.1-5 (5), any sample is taken from plumbing under subsection 15.1-4 (1) or (3) or subsection 15.1-5 (3), (4) or (8), in accordance with sections 15.1-6 and 15.1-7, the owner of a drinking water system and the operating authority for the system shall submit a report to the Director within 30 days after the end of the period specifying the number of points sampled during the period, the number of samples taken, and the number of points where a sample exceeded the prescribed standard for lead.

(10) Subsection 15.1-9 (7) of Schedule 15.1 to the Regulation is amended by striking out “(5) or (6)” and substituting “(5), (6) or (6.1)”.

(11) Section 15.1-11 of Schedule 15.1 to the Regulation is amended by adding the following subsection:

(9) If the Director has amended the system’s approval or municipal drinking water licence under subsection (8) and the owner or operating authority is carrying out the monitoring program described by clause (5) (e), the requirements for taking samples set out in subsection 15.1-4 (1), subsection 15.1-4 (3), subsections 15.1-5 (3) and (4) and subsection 15.1-5 (8) cease to apply to the drinking water system.

(12) Schedule 15.1 to the Regulation is amended by adding the following section:

Non-municipal year-round residential system: certified operators

15.1-12 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.

22. (1) Section 15.2-2 of Schedule 15.2 to the Regulation is amended by adding the following subsection:

(1.1) If none of the samples taken under subsection (1) in the most recent 24-month period and tested for lead exceed the prescribed standard for lead, then subsection (1) ceases to apply and instead the owner of the drinking water system and the operating authority for the system shall ensure that at least one distribution sample is taken every 36 months, from a point in the drinking water system’s distribution system or in plumbing that is connected to the drinking water system that is likely to have an elevated concentration of lead.

(2) Subsection 15.2-2 (2) of Schedule 15.2 to the Regulation is amended by adding “or (1.1)” after “subsection (1)”.

(3) Section 15.2-3 of Schedule 15.2 to the Regulation is revoked and the following substituted:

Schools, private schools and day nurseries

15.2-3. This Schedule does not apply to a drinking water system that serves only a school, private school or day nursery to which Ontario Regulation 243/07 (Schools, Private Schools and Day Nurseries) made under the Act applies.

23. (1) Clause 16-2 (1) (a) of Schedule 16 to the Regulation is amended by striking out “an approval or order” and substituting “an approval, municipal drinking water licence or order”.

(2) Paragraph 4 of subsection 16-3 (1) of Schedule 16 to the Regulation is amended by striking out “is required to provide secondary disinfection” in the portion before subparagraph i and substituting “is required to take free chlorine residual tests under subsection 7 (2) (a) or to provide secondary disinfection”.

(3) Paragraph 5 of subsection 16-3 (1) of Schedule 16 to the Regulation is amended by striking out “is required to provide secondary disinfection” in the portion before subparagraph i and substituting “is required to take combined chlorine residual tests under subsection 7 (2) (b) or to provide secondary disinfection”.

(4) Paragraph 7 of subsection 16-3 (1) of Schedule 16 to the Regulation is amended by striking out “an approval or order” and substituting “an approval, municipal drinking water licence or order”.

(5) Paragraph 8 of subsection 16-3 (1) of Schedule 16 to the Regulation is amended by striking out “preceding 60 months” at the end and substituting “preceding 57 months”.

(6) Subparagraph 9 ii of subsection 16-3 (1) of Schedule 16 to the Regulation is amended by striking out “preceding 60 months” at the end and substituting “preceding 57 months”.

(7) Subsection 16-8 (1.2) of Schedule 16 to the Regulation is amended by striking out “an approval or order” and substituting “an approval, municipal drinking water licence or order”.

24. Section 17-12 of Schedule 17 to the Regulation is amended by striking out “an approval or order” in the portion before paragraph 1 and substituting “an approval, municipal drinking water licence or order”.

25. (1) Paragraph 2 of section 18-2 of Schedule 18 to the Regulation is amended by adding “If the disinfection cannot be quickly restored,” at the beginning.

(2) Section 18-12 of Schedule 18 to the Regulation is amended by striking out “an approval or order” in the portion before paragraph 1 and substituting “an approval, municipal drinking water licence or order”.

26. (1) Subsection 22-2 (2) of Schedule 22 to the Regulation is revoked and the following substituted:

(2) The report must,

(a) list the requirements of the Act, the regulations, the system’s approval, drinking water works permit, municipal drinking water licence, and any orders applicable to the system that were not met at any time during the period covered by the report; and

(b) for each requirement referred to in clause (a) that was not met, specify the duration of the failure and the measures that were taken to correct the failure.

(2) Paragraph 1 of subsection 22-2 (3) of Schedule 22 to the Regulation is amended by striking out “monthly average and maximum daily flows and daily instantaneous peak flow rates” and substituting “monthly average and maximum daily flows”.

(3) Paragraph 2 of subsection 22-2 (3) of Schedule 22 to the Regulation is revoked and the following substituted:

2. A comparison of the summary referred to in paragraph 1 to the rated capacity and flow rates approved in the system’s approval, drinking water works permit or municipal drinking water licence, or if the system is receiving all of its water from another system under an agreement pursuant to subsection 5 (4), to the flow rates specified in the written agreement.

27. This Regulation comes into force on the later of December 14, 2009 and the day this Regulation is filed.

 

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