tech services - inac procedure for addressing dwas and other news ofntsc meeting rama, ontario,...

Tech Services - INAC

Procedure for Addressing Procedure for Addressing DWAs and Other NewsDWAs and Other News

OFNTSC MeetingRama, Ontario, October 11, 2007

Presentation by: S. Crystal & J Steeves

News from INAC HQ

PRESENTATION OUTLINE Drinking Water Protocol &

Provincial Regulations Procedure for Addressing DWAs Wastewater Protocol Circuit Rider Training Program National Assessment Summary

News from INAC HQ

Drinking Water Protocol & Provincial

Regulations

Protocol for Safe Drinking Waterin First Nations Communities

The “Protocol for Safe Drinking Water in First Nations Communities” is a set of long-awaited, clear standards for the design, construction, operation, maintenance, and monitoring of First Nations drinking water systems.

The Protocol was developed over a period of 2+ years with input from: INAC regions; OGDs; and First Nations water experts

(including the OFNTSC and Alberta’s Technical Services Advisory Group).


INAC reviewed the regulatory frameworks of all Canadian jurisdictions to identify a set of best regulatory practices.

This body of best practices was then "First Nation-ized" to be appropriate to the scale and context of drinking water systems in use in Canada's First Nations


ImplementationAs of March 21st, 2006, as per the

Minister's announcement, the Protocol was implemented immediately by INAC Regions and by now all First Nations should be complying with its requirements.

Highlights of the DW Protocol

Application:The Protocol applies to any First Nation

drinking water system that:– Is funded in whole or part by INAC; &– Serves five or more households (or a

publicly-owned facility).


Design Requirements:Design standards for FN water systems

will be as set out in:

“Design Guidelines for

First Nations Water Works”


Performance Requirements:Drinking water must meet the water

quality criteria set out in the latest edition of Health Canada’s “Guidelines for Canadian Drinking Water Quality” (GCDWQ)


Monitoring Requirements:The Protocol specifies three types

of monitoring: Operational monitoring QA/QC monitoring Third party monitoring


Monitoring Requirements:Operational monitoring is conducted

by the operator and includes daily and weekly water quality tests of: Raw water Treated water, and Distribution system water.


Monitoring Requirements: (cont’d)Historically some First Nations have

relied solely on weekly water quality testing (at the tap only) performed by Health Canada.

Operators should undertake regular Operational monitoring.


Training & Certification:Operators must be trained and

certified to the level specified by provincial operator certification requirements for their classification of system.


Record Keeping:Water system operators and

managers must keep on file all records related to required water quality monitoring, operations, and system maintenance for a period of not less than 5 years.


Annual Inspections:Inspections to verify system

performance must be completed annually by a qualified inspector as set out in:

“Guide for Annual Inspections of First Nations Drinking Water Systems” (Appendix H of the Protocol)


Annual Inspections (cont’d):Annual inspection reports are a

collaborative process involving all stakeholders (including the Circuit Rider Trainer) and concentrate on water system performance and whether the water is safe to drink.


Annual Inspections (cont’d):System performance will be assessed

based on: Water quality testing results (as

provided by HC and FN); Operational procedures; and Operator certification level in

relation to system classification.



ComplianceFirst Nations need to meet the more

stringent of either: The Protocol’s requirements; or Provincial standards


Compliance (cont’d)This means that if an element in a

provincial standard (e.g. turbidity) is more stringent than the same element in the Protocol, then that higher objective should be adhered to in that region.

The rest of the Protocol still applies.


Compliance (cont’d)It is not possible for a region or for a

First Nation to opt out of the Protocol.


Compliance (cont’d)Compliance with the Protocol is

part of the terms and conditions of all funding agreements between the Government of Canada and First Nations.

To date, implementation of the Drinking Water Protocol has been disappointing.

Protocol Implementation

Implementation of the Protocol by INAC Regions began March 21st, 2006, as per the Minister’s directive.

Thus, by now (1 ½ years later) most First Nations should be complying with the Protocol’s requirements.



Unfortunately, many operators do not have a copy of the Protocol, or have not read it, or do not understand their responsibilities.


More action is needed to improve uptake of the Protocol by operators.


There are some basic questions that need to be answered: What percentage of First Nations

operators actually have a copy of the Protocol?

What percentage understand the Protocol’s requirements and comply with them?

The Protocol is a “living document” and will be refined continuously to reflect feedback from First Nations practitioners.

The latest version of the Protocol can be found at INAC’s web site:

http://www.ainc-inac.gc.ca/H2O


First Nations Drinking Water and Provincial Regulations

Why adopt provincial regulations?

Compliance with the Protocol is achieved through terms and conditions of funding agreements between the Government of Canada and First Nations (i.e.: no laws exist to enforce compliance with the Protocol).


Why adopt provincial regulations?

The government does not consider this to be an effective way to ensure compliance or to foster accountability between Band Councils and their citizens.


What might the government do?

To provide First Nations residents with the same protection that is enjoyed by most Canadians, the government is considering enacting legislation that will apply provincial water regulations to First Nations water systems.


What will this accomplish?

The intention would be to provide First Nations with a regulatory regime that is enforced by laws, rather than terms of funding agreements.


How would regulations be adopted?

First Nations water systems would become subject to provincial regulations after they are adjusted to the context of First Nations communities.

The requirements of the DW Protocol will continue on as a minimum baseline standard.


How would regulations be enforced?Provincial regulations on reserve are

expected to be enforced by provincial agencies.


Will there be penalties?Yes. There will be both monetary

penalties (fines) and punitive penalties (jail time) for non-compliance with provincial regulations.


Will all Fist Nations be regulated?Yes. In provinces where the provincial

regulatory regime is deemed inadequate, the Drinking Water Protocol will be the base level of standards upon which provincial regulations will be adjusted before adoption by INAC.


When will this happen?The process of adapting and adopting

provincial regulations for use in First Nations is expected to take 4 to 5 years.

Implementation of the new regulations is expected to take an additional 3 to 5 years.


And until then ….?The Drinking Water Protocol will

continue to apply in all First Nations across Canada until it is replaced (if ever) by provincial regulations.

News from INAC HQ

PRESENTATION OUTLINE Drinking Water Protocol and Provincial

Regulations Procedure for Addressing DWAs Wastewater Protocol Circuit Rider Training Program National Assessment Summary

News from INAC HQ

Procedure for

Addressing DWAs

Problems with DWAsThe number and the duration of Drinking

Water Advisories (DWAs) in First Nations communities has become a chronic public safety problem in some First Nations.

Background on DWAs in First Nations Communities

According to data from Health Canada, as of November 2, 2006, more than 100 DWAs were in effect in First Nations communities across Canada.

Of these 100 DWAs: 63% are more than 1 yr old 45% are more than 2 yrs old One DWA was in place for more

than 21 years.


In 2006, HC completed a survey on DWAs. The following are some conclusions of the study: Drinking Water Advisories are ineffective:

If they are not fully understood; If they are frequent, on-going, or

excessively long-term. If the causes of DWAs in First Nations

communities are not addressed effectively, serious health problems can result.


In 2005, the Drinking Water Advisory Working Group (also known as the DWAWG team) was formed to develop a procedure to help First Nations address their DWAs.

The DWAWG team had members from: Health Canada HQ and regions; INAC HQ & regions; and First Nations (including technical services

providers like OFNTSC).


The DWAWG has developed a procedure entitled:

“Procedure for Addressing Drinking Water Advisories in First Nations Communities South of 60° (Procedure)”

The Procedure is to be rolled out nation-wide this Fall at eight regional awareness sessions.


The procedure will assist First Nations to address their DWAs more quickly by: Clarifying roles & responsibilities; and Developing community-based water

team (CBWT).


The DWAWG undertook an extensive process of obtaining feedback from stakeholders to complete the final draft of the Procedure.

In July/August 2006, the draft Procedure was distributed to INAC regional managers for comment. HC also distributed the draft to its regions and selected First Nations for comments.


Most (if not all) comments received were addressed by changes incorporated into the final Procedure.

The Procedure will be a living document, regularly updated as needed.


Application

The Procedure will apply to all INAC-funded First Nations drinking water systems where effective procedures to address DWAs do not already exist.

Highlights of the Procedure

Basic Approach

The Procedure is a step-by-step guide to help First Nations address the underlying causes of DWAs in their communities.

The Procedure is intended for use by Chief and Council which will chair a new local group, called a Community-Based Water Team (CBWT), that will advise Chief and Council on how best to efficiently address a DWA.


Basic Approach: (cont’d)The main task of the CBWT is to advise Chief and

Council and to help co-ordinate efforts to lift a DWA.

When a DWA is issued, it is the responsibility of Chief and Council to activate and chair the CBWT and obtain its advice on lifting the DWA.


Membership of the CBWT

Representatives from: First Nations (Chief, Council, operator, …) Tribal Councils, tech. services orgs. INAC (capital and engineering) HC (ex: EHO) CRTP


Formation of the CBWT

Chief and Council should recruit the membership for a CBWT well before a DWA is issued and train team members on how to use the new Procedure.


Formation of the CBWT

Chief and Council should also: Maintain a list of CBWT members; and Organise a teleconference with the

CBWT periodically to address issues that could affect the safety of the drinking water supply.


Steps to follow

The steps to be followed by Chief and Council and the CBWT to address a DWA issue are presented in the following flow chart …

Steps to address a DWA

Procedure to address DWAs

Drinking Water

Advisory Issued

Option 1

C&C address/lift DWA in 3-4 days and advise HC and INAC.

Option 2

Option 3

C&C or designate develop

action plan

C&C or designate

submit action plan to INAC

& HC for review *

INAC & HC review action plan

**

Action plan is

complete?

C&C or designate implement action plan

and lift DWA

YES

C&C or designate activate CBWT to aid in development

of action plan

With advice from CBWT, C&C or designate develop

action plan within 2 business days of DWA being issued.

C&C or designate implement action plan and lift DWA

NO

* - To be developed within 2 business days of DWA being issued** - To be reviewed and returned within 2 business days of receipt

Option 1

Drinking Water

Advisory Issued

Option 2

Option 3


action plan

C&C or designate


& HC for review *


**

Action plan is

complete?


and lift DWA

YES


of action plan




NO

Option 1



Option 2

Drinking Water

Advisory Issued

Option 1


Option 3


of action plan




Option 2

C&C or designate develop action plan

C&C or designate

submit action plan to INAC &

HC for review *

INAC & HC review action

plan **

Action plan is

complete?

Action plan is

complete?

NO

YES

C&C or designate

implement action plan

and lift DWA


Option 3

Drinking Water

Advisory Issued

Option 1


Option 2


action plan

C&C or designate


& HC for review *


**

Action plan is

complete?


and lift DWA

YES

NO

Option 3

C&C or designate activate CBWT to

aid in development of

action plan

With advice from CBWT, C&C or designate

develop action plan within 2 business days of

DWA being issued.

C&C or designate

implement action plan

and lift DWA

Intervention (if necessary)

Step 1 – INAC and HC approach Chief & Council to encourage that immediate action be taken to address the DWA situation.

This will take care of most cases according to HC.


Intervention (if necessary)

Step 2 – If Step 1 is unsuccessful and public health is at risk, INAC has the authority, as set out in terms and conditions of funding agreements with FNs, to take action to remedy the situation. This can include:

Developing an action plan Activating the CBWT Implementing the action plan


News from INAC HQ

PRESENTATION OUTLINE Drinking Water Protocol Procedure for Addressing DWAs

Wastewater Protocol Circuit Rider Training Program National Assessment Summary

News from INAC HQ

Wastewater Protocol

Existing Wastewater Quality StandardsAll effluents discharged on Federal lands

must meet the quality objectives set out in Environment Canada’s 1976 “Guidelines for Effluent Quality and Wastewater Treatment at Federal Establishments”

Essentially these guidelines require at least secondary-level treatment for wastewater.

Protocol for Treatment & Disposal of Wastewater in First Nations Communities

INAC’s StandardThe 1976 EC Guidelines are INAC’s

departmental standard for wastewater and apply to all INAC facilities and to First Nations wastewater systems.


New Wastewater ProtocolINAC has now developed a draft protocol

for the treatment and disposal of wastewater in First Nations communities.


Protocol RequirementsThe new wastewater protocol specifies

requirements for: Minimum treatment (1976 Guidelines) Design and construction Operations & maintenance Monitoring Record keeping, and reporting.


Review & FeedbackThe first draft of a new wastewater protocol

has been sent out for stakeholder review and we are now awaiting comments: INAC regions Environment Canada First Nations technical organisations

(TSAG, OFNTSC).


Evolution of the ProtocolThe Protocol will be revised and refined

to reflect all comments.


New RegulationsOver the past two years, Environment

Canada has been developing new regulations for Municipal Wastewater Effluent (MWWE) to be enabled under the Fisheries Act.


Purpose of the New RegulationsThe main purpose of the regulations is

to ensure, Canada-wide, a harmonized minimum standard for MWWE discharges.


Canada-Wide AdoptionThrough the Canadian Council of

Ministers of the Environment (CCME), the new Fisheries Act regulations, which will apply on and off reserves, will be duplicated in all provincial and territorial regulations that concern wastewater effluent.


No Big ChangesThe new regulations essentially

propose a minimum standard of secondary-level treatment for wastewater.

In other words, they are essentially the same as the 1976 Guidelines.


Consultation Environment Canada provided

information to First Nations through various venues (AFN water forum, workshops).

EC is also planning a consultation process with First Nations for the next couple of months.


Adoption of the New RegulationsWhen Environment Canada’s finalises

and adopts the new regulations, INAC will incorporate them into the Wastewater Protocol.

Until then, the Protocol will continue to specify the 1976 Guidelines.


News from INAC HQ

PRESENTATION OUTLINE Drinking Water Protocol Procedure for Addressing DWAs Wastewater Protocol

Circuit Rider Training Program National Assessment Summary

News from INAC HQ

Circuit Rider Training Program

Circuit Rider Training Program (CRTP)

The Circuit Rider training Program has proven to be good value for money.

In March 2007, INAC brought together Circuit Riders from across Canada to share ideas on how to improve the program.

INAC is acting on these ideas.


At the meeting, we also took a survey to get more information about how the Circuit Rider program is delivered in different areas. There were some interesting findings …


Regions with full coverage and realistic work loads for CRTs, had the fewest DWAs and other problems.


At the meeting, we also took a survey to get more information about how the Circuit Rider program is delivered in different areas. There were some interesting findings …


INAC is acting on these findings:

1. Best practices being recommended for adoption by all regions.

2. Funding being increased.

3. Coverage being expanded.

News from INAC HQ

PRESENTATION OUTLINE Drinking Water Protocol Procedure for Addressing DWAs Wastewater Protocol Circuit Rider training Program

National Assessment Summary

News from INAC HQ

National

Assessment

National Assessment

INAC is in the process of starting a national assessment of all First Nations drinking water and wastewater systems.

National Assessment

To ensure consistency and comparability between regions, detailed terms of reference for the national assessment are being drafted now.

It is expected that the assessment, which is to commence in the next 3 to 5 months, will take about 2 years to complete.

National Assessment

The assessment will identify the risk levels for all systems as well as provide cost estimates to build or upgrade, operate, and maintain water and wastewater systems to meet Departmental standards.

National Assessment

The assessment will also include a serviceability analysis (for public- and private-system residents).

News from INAC HQ

PRESENTATION OUTLINE Drinking Water Protocol Procedure for Addressing DWAs Circuit Rider training Program National Assessment

Summary

News from INAC HQ

Summary

To Summarise theDrinking Water Protocol

The Protocol for Safe Drinking Water in First Nations Communities:

1. In effect since March, 2006

2. Required under the terms and conditions of funding agreements.

3. Needs ongoing feedback from water system operators.

To summarise theProcedure for Addressing DWAs

The Procedure for Addressing DWAs: 1. INAC and HC are developing plans

to implement the new procedure in each region.

2. INAC and HC regional representatives will need to meet with Chiefs & Councils to implement the new procedure by the end of this winter.

To Summarise theWastewater Protocol

The Protocol for Treatment & Disposal of Wastewater in First Nations Communities:

1. Currently uses on EC 1976

2. Will use new regulations when they are finalised

To summarise theCircuit Rider Training Program

The CRTP:

1. Has proven to be one of INAC’s best investments

2. Funding is being increased so that the CRTP is expanded and sustained in the long-term.

To Summarise theNational Assessment

The National Assessment of First Nations water and wastewater systems:

1. Will begin in next fiscal year

2. Will require two years to complete and generate reports.

High-Risk Systems Reduction: From 207 high-risk water systems

in 2002, we are now down to only 97 high-risk systems this summer.

The minister’s objective now is to reduce the number of high-risk systems to 45 or fewer by the end of this year.

Progress to date under the FNWMS

High- & Medium Risk Systems:Five risk factors are used to calculate

the Overall Risk Score of a water system: Source risk Design risk Operations & Maintenance Risk Operator risk Record keeping & reporting risk


High- & Medium Risk Systems:To calculate the overall score, a weight

is assigned to each risk factor: Source risk (10%) Design risk (30%) Operations & Maintenance Risk (30%) Operator risk (20%) Record keeping & reporting risk (10%)


High- & Medium Risk Systems:


6.2 2 2 9 9 9

Overall Risk

SourceWater

Design Risk

Operations &Maintenance

Record Keeping

OperatorCertification

High- & Medium Risk Systems:


2.8 10 2 2 2 2

Operations &Maintenance

Record Keeping

OperatorCertification

Overall Risk

SourceWater

Design Risk

Questions?

Jim Steeves, P.Eng.Water Resources Engineer

Infrastructure & Housing Directorate

Indian & Northern Affairs Canada

10 Wellington St., Gatineau, QC, K1A 0H4

Phone: (819) 994-7226

E-mail: [email protected]

News from INAC HQ

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