1

Transfer Responsibility for Small Drinking Water Systems

fromThe Ontario Ministry of the Environment

toThe Ontario Ministry of Health and Long-

Term Care/Local Health Units

Consultation (Teleconference) Meeting Remote Wilderness/Tourist Facilities

May 17, 2006

2

Meeting Agenda

• Background – Why the Transfer

• Outline of Small Drinking Water Systems Project

• Key Issues and Challenges

• Timelines / Next steps

3

Walkerton Inquiry - Recommendations

• The application of Ontario Regulation 505/01 should be broadened to include all owners of water systems that serve the public for a commercial or institutional purpose and that do not come within the requirements of Ontario Regulation 459/00.

• In Part II of his report of the Walkerton Inquiry, Justice O’Connor recommended the creation of an advisory council on drinking-water quality

4

MOE’s Response to Increasing Concerns about O. Reg. 170

The Minister of the Environment on May 12, 2004

announced the establishment of the Advisory Council on Drinking-Water Quality and Testing Standards under Subsection 4 (1) of the Safe Drinking Water Act (SDWA)

The Council’s first task was to review O. Reg. 170/03

5

Advisory Council on Drinking Water Quality and Testing Standards - Recommendations

• That small drinking water systems be subject to risk-based site-specific assessment with appropriate testing, sampling and treatment requirements.

• That the responsibility for regulatory oversight for five (5) of eight (8) categories of drinking water systems (as per O. Reg. 170) be transferred from the MOE to MOHLTC with service deliver by public health units.

• That the site-specific risk based approach be financed with a user fee…as well as additional provincial funding.

• That the MOE consider allowing the use of validated alternative (presence/absence) testing technology

6

Status of Transfer

To stay with MOE

O. Reg. 170/03 Categories

• Large municipal residential • Small municipal residential

• Non-municipal year round residential

All individual systems of other categories serving designated facilities

To go to MOHLTC

O. Reg. 252/05 (Transitional) Categories

• Large municipal non-residential*

• Small municipal non-residential*

• Large non-municipal non-residential*

• Small non-municipal non-residential*

• Non-municipal seasonal residential*

*Except individual systems serving designated facilities

Initial tally is 18,000 systems

7

Stakeholder Consultation

• In response to the growing opposition to O. Reg. 170, the MOE in early 2004 carried out extensive stakeholder consultation through a series of regional meetings.

• In late 2004, the Advisory Council also arranged regional meetings with stakeholders to hear their views and concerns about O. Reg., 170

Common Message – from both consultation process

• There was consensus that the “one size fits all” approach of O. Reg. 170 was not suitable.

• Public Health was the preferred service delivery agency for any regulatory oversight

Small Drinking Water Systems Project

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Planning Process – 4 Phases

June – Feb 05/06 Feb – Sept 06 Sept – Dec 06 Jan 07

Phase 2Operational/Legislative/Piloting

Risk Assessment Tool and IT

Phase 3Training – Water

Systems, RA Tool, IT

Phase 1Preparing Submission and

Approval

Phase 4Roll-out

Phase 52009 Report Back

10 Key Project Deliverables

The work has been divided into sub-projects with specific deliverables and timelines:

• Drinking-Water Systems Inventory (initial tally ~ 18,000)

• Risk Assessment Tool

• Regulatory framework, legislation, regulation, policies and procedures and Implementation Plan

• PHI and operator training curriculum and delivery model

• IM/IT tools – interim solution pending PHIIS

• Laboratory testing service and reporting protocol

• Communication Plan - education and outreach

• New Mandatory Program

• Inspection equipment and logistics

• HR capacity – health units and MOHLTC

11Proposed Implementation Timelines

Fall/Winter 2005• Report to MB (December) on: 1) Funding Model 2) Risk Assessment Tools 3)

Policies and Procedures (Regulatory Framework) 4) PHI Training (Curriculum and delivery model)

• Begin to resolve I&IT issues• Begin to address/resolve the issue of lab capacitySpring/Summer/Fall 2006• Legislative amendments and new regulation• Education and outreach – to operators of small systems• Amend Safe Water Mandatory Program and develop/introduce operational

Policies and &Procedures Fall 2006• PHI training of existing health unit staff• Recruitment and training of new PHIs• Further education and outreachWinter (January) 2007• Commence initial site-specific risk assessments of the 18,000+ small drinking

water systems (2 years to complete)

12

Program Funding

• Start-up: 100% government funded

• Ongoing: Cost shared based on the existing model of shared funding between province and municipalities for mandatory programs delivered by Boards of Health

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Site Specific Risk Assessments

• Initial Risk Assessment – Years 1 and 2 - to classify risk, e.g., High, Medium, Low

• Ongoing Risk Assessments – starting in Year 3 - reassessment every 2 years for High and every 4 years for Medium and Low

Oversight Framework

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Oversight Framework cont’d

5-Step Program

1. Scheduled audits / risk assessments including any follow-up inspections and enforcement action as deemed necessary by the Public Health Inspector

2. Operator training appropriate to the system along with regular review of operator’s responsibilities, obligations and actions including written acknowledgement of same

3. Inspector’s response to complaints

4. Reporting and Inspector’s response to lab reports of adverse test results: Laboratory

Systems Health Unit

5. Monitoring of operator’s adherence to the required frequency of sampling through mandatory reporting by labs of all sample submissions

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Key Issues and Challenges

• How will we deal with systems that are located in remote regions of Ontario e.g. fly-in camps?

• How do we handle the collection, transportation and testing of regulated samples?

• How can industry associations assist with communication and outreach?