Protecting our Drinking
Water from Source to Tap:
Checks and Balances
Ontario Environmental Network
Fall Conference and Annual
General Meeting:
“W” is for Water
Fingal, Ontario
October 28, 2006
Jim Smith
Chief Drinking Water Inspector
Drinking Water Management Division
Ontario Ministry of the Environment
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Presentation Outline
• Safeguarding our Drinking Water
• Partnerships and Shared
Responsibility
• Checks and Balances
• Ontario’s Source-to-Tap Safety Net
• Key Initiatives to Watch For
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Safeguarding our Drinking Water
• Over the last six years, the ministry has made fundamental
shifts in our approach to safeguarding drinking water for all
Ontarians.
• We have entered a new era for drinking water management in
Ontario that builds on and fosters:
• extensive consultation, transparency, accountability, partnerships,
shared responsibility, and a cautious risk-based approach.
• The Government of Ontario’s integrated ‘source to tap’
approach is a reflection of scientific advancements, tragic
lessons and important regulatory reforms.
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Safeguarding our Drinking Water
O’Connor 2002:
 “The goal of any drinking water system should be to deliver water with a
level of risk so negligible that a reasonable and informed person would
feel safe drinking the water”. (O’Connor, Report on the Walkerton Inquiry Part 2: page 74)
Chief Drinking Water Inspector 2006:
 “Ontario’s drinking water is safe and of a very high quality. Ontarians can
have confidence in the quality of their municipal drinking water.”
 “Municipal residential drinking water systems are improving operational
performance in meeting Ontario’s stringent requirements.”
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Ontario’s Water Strategy
 Ontario is blessed with an abundance of fresh water resources, these
water supplies are the cornerstone of the quality of life that we enjoy in
Ontario.
 The government's plan to safeguard our water is based on an integrated,
multifaceted strategy:
 Prohibit large-scale diversions of water from the Great Lakes,
 Protecting our sources of drinking water from getting contaminated before
they enter the drinking water systems (Clean Water Act, 2006)
 Ensuring solid, sustained investment in our drinking water infrastructure by
leading the development of a water investment strategy.
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Shared Responsibility and Accountability
• MOE’s commitment to fostering collaborative relationships, partnerships,
consultation and local engagement has contributed to understanding and
achieving drinking water safety.
Ministry of the
Environment
Ministry of Public
Infrastructure
Renewal
Ministry of
Municipal Affairs
and Housing
Safe Drinking
Water for the
Public
Conservation
Authorities
Academia
Federal Government
•Health Canada
•Indian and Northern Affairs
•Infrastructure Canada
Ministry of Health
& Long-term Care
• Local Medical Officers
of Health
Municipalities
Licensed
Laboratories
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Checks and Balances
• Our key stakeholders form an interconnected system of
checks and balances and ultimately play an important role
in ensuring that our drinking water management system is
robust.
• External key stakeholders also play a significant part in the
ministry’s ongoing efforts to achieve and maintain
increased levels of transparency and accountability.
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Checks and Balances
Provincial
Auditor
Academia
CELA
Chief Drinking
Water Inspector
Medical Officers
of Health
Ontario Legislature
Ontario Drinking
Water Advisory
Council
Owners and
Operators
Media
Walkerton Clean
Water Centre
Environmental
Commissioner
of Ontario
General Public
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Checks and Balances
Government of Ontario
• Ontario Legislature
• Ministry of the
Environment
The General
Public
• Chief Medical Officer of
Health
• Sierra Legal Defence Fund
• CELA
• Chief Drinking Water
Inspector
• Ministry of Health and
Long Term Care
ENGOs
• Pollution Probe
• Waterkeepers
Ontario’s
Drinking Water
Safety Net
• Environmental Defence
The Water Sector
• Ontario Drinking Water
Advisory Council
• Owners and Operators
• Walkerton Clean Water
Centre
• Ontario Municipal Water
Association
• Medical Officers of Health
• Ontario Water Works
Association
• Environmental
Commissioner of Ontario
• Provincial Auditor General
• Association of Municipalities of
Ontario
The Media
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Strengthening our Safety Net
Justice O’Connor’s Recommendations
The government’s commitment to safeguarding Ontario’s drinking
water is founded on the approach to drinking water protection
embodied in Justice O’Connor’s Report of the Walkerton Inquiry.
Checks & Balances
Areas of Improvement
121 comprehensive recommendations
pertaining to:
 source protection,
system operations and management
certification and training
public reporting
 municipal and provincial
responsibilities/oversight
First Nations
How MOE has/is responding
Committed to fulfill all
recommendations. Significant progress
to date:
 Source to Tap framework through Safe
Drinking Water Act and Clean Water Act
 Mandatory inspections of municipal
systems and laboratories
Annual Report of the Chief Drinking
Water Inspector 2005/06
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Strengthening our Safety Net
Ontario Drinking Water Advisory Council
At the request of the Minister, the Council undertook a review of O.
Reg. 170/03 to identify ways to make it more workable for smaller,
private systems. In 2005 the council released a comprehensive
report detailing specific reforms to improve regulatory effectiveness.
Checks & Balances
Areas of Improvement
 O. Reg. 170 too costly and complex
for smaller and private systems;
 A need for a risk-based, site-specific
approach for “categories of systems”;
Transfer responsibility to Public Health
units (commercial/ institutional
systems serving the public)
How MOE has/is responding
 Technical amendments to O. Reg. 170
 Developed new risk-based approach to
regulating the non-residential and
seasonal systems.
Working with MOHLTC to transfer
responsibility to public health units.
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Strengthening our Safety Net
Waterproof 2: Canada’s Drinking Water Report Card
On October 6, 2006, the Sierra Legal Defence Fund released its 2nd
report card on the state of Canada’s drinking water. Ontario received
an A- (up from a B in 2001), the highest grade in Canada. “We only
hope other provinces will follow Ontario’s lead”.
Checks & Balances
Areas of Improvement
 Partial implementation of O’Connor;
 Explore alternative disinfection
methods rather than chlorine;
 Report comments on the “uncertain
state of provincial action” on source
protection.
How MOE has/ is responding
 We are committed to implementing all
of O’Connor’s recommendations
 Ontario encourages use of alternative
disinfection methods: UV & ozonation
 The government has passed the Clean
Water Act, 2006 this fall
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Strengthening our Safety Net
Environmental Commissioner of Ontario - 2006 Report
On October 3, 2006, in his report entitled “Neglecting our Obligation”
the Environmental Commissioner criticized the province for its neglect
on the environment pointing to various areas of government inaction
including water pollution.
Checks & Balances
Areas of Improvement
How MOE has/ is responding
 Private wells improvement (Reg. 903) We have adopted a number of the
recommendations proposed by the
 Criticism regarding an abbreviated
Advisory Council on Drinking Water,
public comment period for O. Reg. 252
Consultation on Ontario’s drinking
Lack of environmental education
water regulations has been extensive,
New regulation lowers many
 DWMD launching information Portal in
requirements designed to ensure
fall 2006.
safety
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Strengthening our Safety Net
Media – Recent Globe and Mail Article (June 2006)
Everyday the media is playing an increasingly important role in
distributing information and shaping public policy. On June 1,
2006 the Globe and Mail published an article titled “Walkerton is
water under the bridge, thankfully”.
Checks & Balances
Areas of Improvement
 High cost of implementing source
protection planning
 Lack of funding and resources
“This is one of those rare occasions
when government corrects the errors
and omissions of the past and does
it well. We should be grateful.”
How MOE has/ is responding
Clean Water Act, 2006 (CWA)
introduces a $7 million financial
assistance program, in addition to
$120 million for CAs and municipalities
The CWA will strengthen the safety net
by increasing accountability and
transparency.
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Ontario’s Drinking Water Safety Net
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Strong
Legislation –
Clean Water Act
and Safe
Drinking Water
Act
Timely, Reliable
Testing
Immediate
Notification
and Corrective
Action on
Adverse Water
Quality Incidents
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Comprehensive
Inspection
Program
Investigation &
Enforcement of
Legislation and
Regulations
Integrated Data
Acquisition/
Information
Management
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Licensing,
Training and
Certification
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Education &
Outreach
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Evolution of the Safety Net
• Elements of the safety net existed prior to
Walkerton
• Significant increases in the level of
effort/oversight now provided to different
elements of the safety net
• All elements of the safety net now viewed as
equally necessary components of a multi-barrier
approach
• Today the network also provides a framework
ensuring transparency and accountability.
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Safety Net #
1
Strong Legislation
Where We Are
Statutory Standard
of Care
Laboratory
Licensing and
Accreditation
Treatment and Testing
Requirements
Inspections and
Enforcement
requirements
Operator Training
and Certification
Municipal System
Licensing
Advisory Council on
Drinking Water
Notification &
Reporting
Drinking Water
Standards
Key Regulation: O. Reg. 242/05 Compliance and Enforcement
•
Mandatory inspections for municipal drinking water systems and laboratories
•
Ministry must take a mandatory action within 14 days in response to finding a deficiency during an inspection,
•
Within 45 days of completing an inspection of a municipal drinking-water system, a report is sent to specific
persons such as owner/operator; Medical Officer of Health
•
Provides the public with the right to submit a request for Investigation if they believe that the SDWA has been 17
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contravened
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Clean Water Act, 2006
The Clean Water Act, 2006 will:
• Require municipalities and conservation authorities to map sources of
municipal drinking water supply and vulnerable areas to prevent our
water sources from being depleted or contaminated,
• Promote voluntary initiatives and require mandatory action where
needed by empowering local authorities,
• Require broad public consultation across watersheds, to ensure
transparency and accountability in the source protection process.
• A Risk-based Approach
• Identify vulnerable areas
• Identify threats and watershed issues
• Prioritize actions and develop
appropriate risk management strategies
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Testing: Central to the Safety Net
• The water from Ontario’s regulated drinking water systems is tested
regularly for safety and quality, which includes:
– Operational checks for turbidity, chlorine residual, equipment
calibration, etc.
– Sampling and testing requirements for microbiological, chemical and
other health based and aesthetic parameters
• Sampling and testing requirements have been designed to reflect
the size/population served by the distribution system
• Integrity of test results ensured by requirement that laboratories be
licensed and use accredited methods
• When test results show adverse water quality incidents, current
regulations require immediate corrective action and notification of
the ministry and the local Medical Officer of Health.
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Immediate Notification of Adverse Water
Quality Incidents
Corrective Action
Notification
Verbal/Immediate
Priority
notifications
trigger a field
response
Regulations
Resolution Report
Reconciliation with
Lab Results
MOE (Inspectors)
Written
• Spills Action
Centre (MOE)
• Local MOH
•Operator/ Owner
•Laboratories
Local MOH
Field Inspection
Information Management – Drinking Water Information Systems
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Stratford Incident Timeline
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Municipality
calls SAC –
Immediate
Notification
(#3)
Safe Drinking Water
Branch notifies local
Health Unit Immediate
Notification (#3)
Sample results
uploaded to
DWIS - Info
Mgmt (#7)
March 8 Sample results
reported to MOE
-Timely Testing
(#2)
March 7/05 Resident
reports red
foamy
substance in
the water
DWA
downgraded
to BWA
March 9 BWA
rescinded
Spring 2005 Incident referred
to IEB for
Investigation (#6)
City of Stratford
begins flushing –
Corrective Action
(#3)
Drinking
Water
Advisory
issued
Samples
analyzed at
licensed lab –
Licensing/
Training and
Cert (#4)
Charges laid under
SDWA – Strong
Legislation (#1)
Safety Net Elements
MOE inspector
takes samples
for analysis –
Timely Testing
(#2)
May 2006 Stratford incident
highlighted in CDWI
Annual Report –
Education and
Outreach (#8)
1.
Strong Legislation
5.
Comprehensive Inspection Program
2.
Timely, Reliable Testing
6.
Investigation and Enforcement
3.
Immediate Notification of AWQI and 7.
Corrective Action
Integrated Data Acquisition and Info
Mgmt
Licensing, Training and Certification
Education and Outreach
4.
8.
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Strengthened Operator Certification
and Training Requirements
• New mandatory training requirements (Regulation 128/04):
– Entry Level training must be completed by all new operators, includes home
study and classroom components
– Preventing Water Borne Illnesses: all operators must complete once every 3
years
• Walkerton Clean Water Centre (WCWC) delivers:
– MOE’s Entry Level course for operators-in-training
– The Preventing Water-Borne Illnesses recertification course
– The ministry’s correspondence course for small drinking water system
operators in private systems
• The WCWC has a mandate to work with First Nations to provide access to
operator training on a cost recovery basis.
• As of May 14, 2006 all remaining grandparented drinking water operators
have been re-certified by exam.
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Municipal Drinking Water Licensing
The new approvals framework will
see systems apply for a license,
which will consist of 5 elements
(schematic at right)
Owners and Operating Authorities
will be required to develop an
Operational Plan. This Operational
Plan is the key vehicle for
implementing the Drinking Water
Quality Management Standard.
Drinking Water
Works
Permit
Permit to Take
Water
Financial Plan
Licence
to Manage &
Operate
Accreditation
Operational
Plan
Drinking Water Quality Management Standard
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Municipal Drinking Water Licensing
• Implementing a quality management standard expands the focus of
managing the system to include the people responsible for
owning, managing and operating the system and the strategies
they adopt to provide safe drinking water
• Municipal licensing will go a long way in assisting those with
oversight responsibility to meet the requirements of the Standard of
Care provision
• These provisions require that those persons with oversight
responsibilities for a municipal drinking water system exercise a level of
care, diligence and skill that a reasonably prudent person would be
expected to take in a similar situation (s. 19, SDWA)
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Expanded and Enhanced Inspections
• Drinking Water Inspections:
• Ontario’s municipal drinking water inspection protocol is
comprehensive  approximately 130 regulatory check
points from Source to Tap
• Each system is inspected on an annual basis
• Ontario’s drinking water testing laboratories are licensed
and inspected twice a year
• Goal: 100% compliance
SOURCE
TREATMENT
PLANT
RESERVOIRS
DISTRIBUTION
CONSUMERS
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Measuring Inspection Results
• MOE is currently developing a metric to measure the results
of the municipal inspection program
• The inspection rating will support the ministry’s commitment
to continuous improvement and public transparency
• Continuous improvement
• Measure would track progress towards goal of 100% compliance
with the regulatory framework province-wide.
• Public transparency
• Chief Drinking Water Inspector’s Annual Report for 2005-06 will
report out on province-wide municipal drinking water system
inspection results for the first time
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Integrated Information Management
• Main Components:
• Drinking Water Information System (DWIS)
• Over 1 million results for test results received per year; > 99%
meet standards
• Laboratory and Waterworks Inspection System (LWIS)
• Able to assess all compliance requirements across inspection
years
• Operator Certification Database - Water and Wastewater
Operator Certification System (WWOCS)
• Approx. 5,000 certified operators registered
• MOE Drinking Water Portal Set to launch fall 2006
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Integrated Information Management
Drinking Water Portal
• This fall Ontario is launching
a new drinking water portal,
Drinking Water Ontario,
which will help us deliver on
our commitment to
transparency.
• This one-window information
resource will allow web users
to customize the information
they want to see about
drinking water.
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Rigorous Enforcement of Regulations
• Public health as it relates to drinking water
quality is of paramount importance
• Mandatory actions for significant noncompliance
• Progressively more stringent actions can be taken:
•
•
•
•
Violations recorded
Orders
Convictions
Transfer of Control of System
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8 Education and Outreach – Public Reporting
•
The ministry reports publicly on the state of
Ontario’s drinking water through:
•
the Annual Report of the Minister of the
Environment, which will provide an overview
of drinking water programs, including source
protection, drinking water quality standards
and emerging issues (release of first annual
report anticipated in spring 2007)
•
the Annual Report of the Chief Drinking Water
Inspector, which provides information on the
ministry’s inspection program, as well as water
quality testing results
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Education and Outreach
• The ministry has produced over 30 plain language guidance and fact
sheets to help explain to owners and operators their regulatory
requirements for O. Reg. 170/03 and O. Reg. 252/05
• MOE provides information and guidance to the regulated community
regarding changes to regulatory requirements, as needed
• In partnership with the Walkerton Clean Water Center, the MOE will
be holding a series of information sessions across Ontario outlining
recent amendments to O. Reg. 170/03.
•
Sessions will be an opportunity to exchange information with other
owners and operators of similar drinking water system requirements
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Key Initiatives to Watch For
• Municipal Licensing: the ministry is preparing to post a finalized
DWQMS and proposals for a number of other Licensing program
elements to the Environmental Registry.
• Minister’s first annual report and the Chief Drinking Water
Inspector’s 2nd annual report are set to be released in 2007.
• Source Water Protection – regulations to be developed under the
Clean Water Act, 2006
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Thank You
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