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Ontario’s Legislative

Framework for Groundwater

Presentation to CanWell 2004 Conference

April 23/04, Kelowna, BC

Matt Uza, Senior Policy Analyst

Water Policy Branch

Ontario Ministry of the Environment

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Presentation Overview

• Ontario Water Resources Act– Wells Regulation

• Safe Drinking Water Act– Drinking Water Systems Regulation

• Source Water Protection Framework

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Ontario Water Resources Act (OWRA)

• Promulgated in early 1960s

• General provisions re powers, offences, appeals, orders, and regulation-making

• Water Taking (enables permitting for amounts > 50,000 l/d)

• Wells (well permit, contractor license, technician license)

• Water and Sewage Works (approval of works)

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Regulations Under OWRA

Wells (Regulation 903)

– amended in 2003

– supports Walkerton Inquiry recommendations

– improved rules for well construction, abandonment and for licensing/training of contractors and technicians

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Types of Wells Addressed

Old 903 Requirements:

• Did not address non-water wells (e.g. test holes & dewatering wells)

• Did not address sand point wells constructed by homeowners

• Did not address municipal and high production wells

Amended 903 Requirements:

• Covers all wells included in OWRA definition of “well”

• Clarification of rules and exemptions for test holes & dewatering wells

• Allows certain test holes and de-watering wells less than 3m deep to be “shallow works” and exempt from most requirements

• Clear requirements for jetted and driven (i.e. sand point) wells

• Some new standards for high yield wells and double wall casing

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Updated Training & Licensing

Old 903 Requirements:

• Training course not required for well technician license

• Applicants for well technician license must have 6 months experience AND 24 months work experience or education

• No continuing education require-ments for license renewal

• Well contractor insurance requirements: minimum $200k total liability per incident

Amended 903 Requirements:

• Well technician license applicants must take MOE-approved training course of at least 30 hrs AND 4,000 hrs relevant work experience

• 21 hrs of continuing education over 3 years required for license renewal

• Insurance requirements increased to reflect current claims: minimum $5,000,000 total liability per incident

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Improved Reporting & Tracking

Old 903 Requirements:

• The person constructing a well must record general information about the well on a form supplied by MOE

• Location of well recorded on only general terms, eg lot and concession, sketch

• No tag or other identifying markings on wells

Amended 903 Requirements:

• Person constructing or abandoning a well must provide an accurate description of the well, including:

• exact geographic co-ordinates from GPS unit

• prepare a log of the geological materials using simplified standard materials list

• Placement of well tags to improve tracking, compliance, monitoring

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New Outreach to Well Owners

Old 903 Requirement:

• No information provided to owner concerning their responsibilities for well stewardship

Amended 903 Requirement:

• Contractor must provide owner with MOE-approved Well Owner Information Package

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Updated Construction Standards

Old 903 Requirements:• Secure well cap preventing

entry of surface water or foreign materials.

• Construction of higher risk shallow dug wells using non-water tight cement tiles not prohibited.

• Permissible sealants for space surrounding casing subject to shrinking & cracking (e.g. non-commercial clay slurry).

• Only ½ metre of sealant, 2.5 cm thick around casing.

Amended 903 Requirements:• Well cap also “commercially

manufactured and vermin-proof”• Allows new casing material to

be used (fibreglass). • All casing must be continuous

and water-tight. • Sealants must expand to create

a permanent watertight seal.• A minimum of 6 metres of

sealant, 3.8 cm thick around casing.

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Updated Construction Standards (cont.’d)

Old 903 Requirements:

• Well pits permitted, creating potential for contaminated surface water ponding over wellhead.

• Chlorine dose for well disinfection set at a minimum of 250 mg/l.

Amended 903 Requirements:

• Well pits not allowed

• Chlorine dose for well disinfection set at new standard of 50 mg/l over 12 hours in line with scientific study.

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Well Abandonment

Old 903 Requirements:

• Wells may be plugged with any “suitable” material

• No methodology provided

Amended 903 Requirements:

• Requirements for 3 different diameters of well

• Special requirements for flowing wells

• Clear methodology prescribed

• More stringent requirements for plugging materials

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How is Ontario Supporting Implementation of the Amended Wells Regulation?

• Well Technician Training Program (Sir Sandford Fleming College)

• Well Owner Outreach (Well Aware Campaign)• Well Tagging System (WHI)• Wells Research Partnership (CRESTech)• Discover 903 Information Workshops (OGWA)• New Ministry Publications on Wells

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New Ministry Well Publications

• ‘Well Aware’ Video and Booklet

• Well Tag Booklet

• New Fact Sheets (reflect amendments)

• Medical Officer of Health Well Information Kit

• Laypersons Guide to Regulation 903 (pending)

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Safe Drinking Water Act (SDWA)

• Walkerton Outbreak (May 2000)

• Interim Drinking Water Regulations under OWRA

• Part 2 Report of Walkerton Inquiry (May 2002)– Recommendation 67: “The provincial government

should enact a Safe Drinking Water Act to deal with

matters related to the treatment and distribution of

drinking water”.

• SDWA received royal assent in December, 2002

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Regulations Under SDWA

• Drinking Water Systems (Reg. 170/03)

• Ontario Drinking Water Quality Standards (Reg. 169/03) enforceable health-based standards

• Drinking Water Testing Services (Reg. 248/03) licensing of drinking water laboratories

• Schools, Private Schools and Day Nurseries (Reg. 173/03) flushing of plumbing to protect children

• Other “administrative” regulations

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Regulation 170/03 - Overview

• System Categories• GUDI • Treatment• Approval/Certification of Systems• Operational Checks• Microbiological Testing• Chemical Testing• Adverse Conditions• Corrective Actions• Record Keeping/Retention• Public Access to Information • Reporting

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Categories of Drinking-Water Systems

• Municipal– large residential (>100 private residences)– small residential (6 to 100 private residences)– large non-residential (e.g. airport, industrial park)– small non-residential (e.g. community centre)

• Non-Municipal– year-round residential (e.g. subdivision, mobile home pk)– seasonal residential (e.g. trailer park, cottage system)– large non-residential (e.g. industry, large school/hospital)– small non-residential (e.g. restaurant, motel, school)

individual homes (<6) and small workplaces not regulated

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Treatment - Equipment

• Groundwater– primary disinfection capable of 99 percent removal/

inactivation (R/I) of viruses.

• Surface Water– chemically-assisted filtration and primary disinfection

(or equivalent) capable of 99, 99.9, 99.99 percent R/I of crypto, giardia, viruses respectively.

• Distribution System– chlorination or chloramination capable of achieving

chlorine residuals of 0.2 mg/l (free) or 1.0 mg/l (combined) throughout the system, as case may be.

All equipment to be designed/certified in accordance with “Procedure for Disinfection of Drinking Water in Ontario”

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Groundwater Under Direct Influence Of Surface Water (GUDI)

• A GUDI system is deemed to be a surface water system for purposes of the regulation.

• The regulation deems certain types of systems to be GUDI based on well characteristics, type of aquifer, distance from surface water etc.

• A deemed GUDI system can be “undeemed” if valid reasons are presented a report written by a professional engineer or hydrogeologist (for municipal residential systems which require approval, Ministry must agree)

• Above report must be retained by owner for 15 years

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Deemed GUDI Systems

1) Systems that obtain water from a well:

– that is not a drilled well;

– that does not have a watertight casing extending to a depth of 6 m;

– for a system not capable of 0.58 l/s (50,000 l/d):• is within 15 m of surface water

– for a system capable of at least 0.58 l/s (50,000 l/d):• within 100 m of surface water (overburden)• within 500 m of surface water (bedrock)

2) Systems that obtain water from an infiltration gallery

3) Systems showing evidence of surface contamination

4) Systems with report concluding that raw water is GUDI

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Application for Relief from Treatment

• Only available for groundwater-based systems

• Accomplished through a condition in a Ministry approval

• System owner must conduct public consultation and document proceedings

• Municipal residential systems require an assessment by a Professional Hydrogeologist and Council resolution

• Systems other than municipal residential require an assessment by a Professional Engineer (P. Eng.)

• Ministry must agree with assessment before approving

• System owner must re-apply for relief every five years

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Content of Hydrogeologist’s Assessment

• Assessment of well(s), relevant aquifers, well head protection, and existing/anticipated land uses;

• Results of previous 24 months of all regulatory testing;

• Summary of any health issues/concerns related to the system that were identified by local Medical Officer of Health (MOH);

• Written statement confirming consultation with local MOH and request for info from MOH related to the system.

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Content of Engineer’s Assessment

• Raw Water Characterization– results of prescribed 24 month raw water microbiological testing program;– results of all other microbiological testing done in previous 24 months;– results of any tests showing past evidence in raw water of viruses,

chlorophyll a, protozoa, macro-organisms– written statement confirming no significant or rapid shifts in pH, turbidity,

temperature, conductivity, NO3/NO2 for raw water

• Assessment of microbiological risk wrt well construction, well head protection, distribution system (DS), any connections from DS to plumbing;

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Content of Engineer’s Assessment (cont.’d)

• System operation/maintenance plan related to managing microbiological risk;

• Summary of health issues/concerns related to the system that were identified by local MOH

• Written statement confirming consultation with local MOH and request for info from MOH related to the system

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Source Water Protection Framework

What is Driving This?

• Part 2 Report of Walkerton Inquiry made 22 recommendations relating to source water protection.

• SDWA regulates 4 of the 5 components of a multi-barrier approach to drinking water protection (treatment, distribution, monitoring, response)

• Source water protection is the fifth component.

• Recognition that supply is not unlimited (climate change, growth in southern Ontario)

• Recognition that water is undervalued (charges levied on timber or minerals on Crown land)

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Source Water Protection Framework

White Paper Consultation on source water protection held for public and stakeholders across

Ontario in March, 2004 to consult on:

• proposed legislative approach

• enhanced management of water taking• charging for water

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Proposed Source Protection Legislation

• Key components of legislation may include:

– watershed-based source protection plans (terms of reference, public/stakeholder input, responsibility and oversight, approval of plans, appeals);

– establishment of/amendments to watershed boundaries;

– organization of watersheds into “watershed regions” to gain efficiencies;

– governance (e.g. establishment of necessary local boards and committees).

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Management of Water Takings

• Potential Direction:

– enhanced notification by permit applicant to potentially affected parties and the public;

– commit to improving the science behind the assessment of proposed water takings;

– monitoring and reporting of water use;

– better guidance for permit applicants.

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Water Taking Charges

Ontario committed to charging for commercial use

• Issues:

– trade implications?

– charge variability by volume thresholds, type of source, consumptive uses, geographic location?

– exempted uses (e.g. fire protection, drinking, livestock)?

– frequency of payment?

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More Information?

Ontario Ministry of the Environment Website

www.ene.gov.on.ca

Ontario Statutes and Regulations Website

www.e-laws.gov.on.ca