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O. Reg. 374/15: DRINKING WATER SYSTEMS

filed December 1, 2015 under Safe Drinking Water Act, 2002, S.O. 2002, c. 32

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ontario regulation 374/15

made under the

Safe Drinking Water Act, 2002

Made: November 25, 2015
Filed: December 1, 2015
Published on e-Laws: December 2, 2015
Printed in The Ontario Gazette: December 19, 2015

Amending O. Reg. 170/03

(DRINKING WATER SYSTEMS)

1. Subsection 1 (1) of Ontario Regulation 170/03 is amended by adding the following definition:

“calendar quarter” means, in relation to a year, the three-month period that begins on January 1, April 1, July 1 or October 1;

2. Subsection 6-1.1 (4) of Schedule 6 to the Regulation is revoked and the following substituted:

(4) If this Regulation or an approval, municipal drinking water licence or order, including an OWRA approval or OWRA order, requires at least one water sample to be taken every three months or in each calendar quarter and tested for a parameter, the owner of the drinking water system and the operating authority for the system shall ensure that at least one sample that is taken during a three-month period or calendar quarter for the purpose of being tested for that parameter is taken at least 60 days, and not more than 120 days, after a sample was taken for that purpose in the previous three-month period or calendar quarter.

3. (1) Subsection 13-6 (1) of Schedule 13 to the Regulation is amended by striking out “every three months” and substituting “in each calendar quarter”.

(2) Section 13-6 of Schedule 13 to the Regulation is amended by adding the following subsections:

(3) For the purposes of Schedule 2 to the Ontario Drinking Water Quality Standards, the running annual average of quarterly results with respect to trihalomethanes shall be calculated for each calendar quarter by using the following formula:

[A + B + C + D] ÷ 4

in which,

  “A” is the average of all of the results from the samples tested under subsection (2) in that calendar quarter,

  “B” is the average of all of the results from the sample tested under subsection (2) in the calendar quarter that immediately preceded the calendar quarter referred to in “A”,

  “C” is the average of all of the results from the sample tested under subsection (2) in the calendar quarter that immediately preceded the calendar quarter referred to in “B”, and

  “D” is the average of all of the results from the sample tested under subsection (2) in the calendar quarter that immediately preceded the calendar quarter referred to in “C”.

(4) Despite subsection (1) and subject to subsections (5) and (6), if the following conditions have been met after samples have been taken and tested under subsections (1) and (2) in at least 12 consecutive calendar quarters, a drinking water system that is a small municipal residential system or a non-municipal year-round residential system may cease sampling and testing for eight consecutive calendar quarters:

1. No single test result obtained in the previous 12 consecutive calendar quarters indicated that the concentration of trihalomethanes was greater than 0.050 milligrams per litre.

2. The drinking water system’s raw water supply is the same source of raw water supply that was used in the calendar quarters referred to in paragraph 1.

3. No alterations that may increase levels of trihalomethanes in the drinking water system have been made to the treatment equipment used in the calendar quarters referred to in paragraph 1.

4. The owner or operating authority of the drinking water system did not receive a written direction described in subsection (6) from the Director during the calendar quarters referred to in paragraph 1.

(5) Subject to subsection (6), a drinking water system that is a small municipal residential system or a non-municipal year round residential system referred to in subsection (4) that ceases to sample and test for eight consecutive calendar quarters shall resume the sampling and testing required under subsections (1) and (2) for four consecutive calendar quarters and may continue to cease sampling and testing for eight consecutive calendar quarters and resume sampling and testing for four consecutive calendar quarters for as long as the following conditions are met with respect to the period of sampling and testing:

1. No single test result obtained in the four consecutive calendar quarters period of sampling and testing indicated that the concentration of trihalomethanes was greater than 0.050 milligrams per litre.

2. The drinking water system’s raw water supply is the same source of raw water supply that was used in the calendar quarters referred to in paragraph 1 as well as in the eight consecutive calendar quarters that immediately preceded the sampling and testing period.

3. No alterations that may increase levels of trihalomethanes in the drinking water system have been made to the treatment equipment used in the calendar quarters referred to in paragraph 1 as well as in the eight consecutive calendar quarters that immediately preceded the sampling and testing period.

4. The owner or operating authority of the drinking water system did not receive a written direction described in subsection (6) from the Director during the calendar quarters referred to in paragraph 1 or during  the eight consecutive calendar quarters that immediately preceded the sampling and testing period.

(6) Despite subsections (4) and (5), if the Director has knowledge of water chemistry changes in the water of a drinking water system or alterations to the treatment equipment and in the Director’s opinion the changes or alterations may increase levels of trihalomethanes in the drinking water system, the Director shall provide a written direction to the owner or operating authority of the drinking water system that the requirements in subsections (1) and (2) to sample and test in each calendar quarter apply to the system.

4. (1) Schedule 13 to the Regulation is amended by adding the following section:

Haloacetic acids

13-6.1 (1) The owner of a drinking water system that provides chlorination or chloramination and the operating authority for the system shall ensure that at least one distribution sample is taken in each calendar quarter, from a point in the drinking water system’s distribution system, or plumbing that is connected to the drinking water system, that is likely to have an elevated potential for the formation of haloacetic acids.

(2) The owner of the drinking water system and the operating authority for the system shall ensure that each of the samples taken under subsection (1) is tested for haloacetic acids.

(2) Section 13-6.1 of Schedule 13 to the Regulation, as made by subsection (1), is amended by adding the following subsections:

(3) For the purposes of Schedule 2 to the Ontario Drinking Water Quality Standards, the running annual average of quarterly results with respect to haloacetic acids shall be calculated for each calendar quarter by using the following formula:

[A + B + C + D] ÷ 4

in which,

  “A” is the average of all of the results from the samples tested under subsection (2) in that calendar quarter,

  “B” is the average of all of the results from the samples tested under subsection (2) in the calendar quarter that immediately preceded the calendar quarter referred to in “A”,

  “C” is the average of all of the results from the samples tested under subsection (2) in the calendar quarter that immediately preceded the calendar quarter referred to in “B”, and

  “D” is the average of all of the results from the samples tested under subsection (2) in the calendar quarter that immediately preceded the calendar quarter referred to in “C”.

(4) Despite subsection (1) and subject to subsection (5), if the following conditions have been met after samples have been taken and tested under subsections (1) and (2) in at least 12 consecutive calendar quarters, a drinking water system that is a small municipal residential system or a non-municipal year-round residential system may cease sampling and testing for eight consecutive calendar quarters:

1. No single test result obtained in the previous 12 consecutive calendar quarters indicated that the concentration of haloacetic acids was greater than 0.040 milligrams per litre.

2. The drinking water system’s raw water supply is the same source of raw water supply that was used in the calendar quarters referred to in paragraph 1.

3. No alterations that may increase levels of trihalomethanes in the drinking water system have been made to the treatment equipment used in the calendar quarters referred to in paragraph 1.

4. The owner or operating authority of the drinking water system did not receive a written direction described in subsection (6) from the Director during the calendar quarters referred to in paragraph 1.

(5) A drinking water system that is a small municipal residential system or a non-municipal year round residential system referred to in subsection (4) that ceases to sample and test for eight consecutive calendar quarters shall resume the sampling and testing required under subsections (1) and (2) for four consecutive calendar quarters and may continue to cease sampling and testing for eight consecutive calendar quarters and resume sampling and testing for four consecutive calendar quarters for as long as the following conditions are met with respect to the period of sampling and testing:

1. No single test result obtained in the four consecutive calendar quarters period of sampling and testing indicated that the concentration of haloacetic acids was greater than 0.040 milligrams per litre.

2. The drinking water system’s raw water supply is the same source of raw water supply that was used in the calendar quarters referred to in paragraph 1 as well as in the eight consecutive calendar quarters that immediately preceded the sampling and testing period.

3. No alterations that may increase levels of trihalomethanes in the drinking water system have been made to the treatment equipment used in the calendar quarters referred to in paragraph 1 as well as in the eight consecutive calendar quarters that immediately preceded the sampling and testing period.

4. The owner or operating authority of the drinking water system did not receive a written direction described in subsection (6) from the Director during the calendar quarters referred to in paragraph 1 or during the eight consecutive calendar quarters that immediately preceded the sampling and testing period.

(6) Despite subsections (4) and (5), if the Director has knowledge of water chemistry changes in the water of a drinking water system or alterations to the treatment equipment and in the Director’s opinion the changes or alterations may increase levels of haloacetic acids in the drinking water system, the Director shall provide a written direction to the owner or operating authority of the drinking water system that the requirements in subsections (1) and (2) to sample and test in each calendar quarter apply to the system.

5. (1) Paragraph 1 of subsection 16-3 (1) of Schedule 16 to the Regulation is amended by striking out “the standard for fluoride” and substituting “the standards for fluoride and trihalomethanes”.

(2) Paragraph 1 of subsection 16-3 (1) of Schedule 16 to the Regulation, as amended by subsection (1), is amended by striking out “the standards for fluoride and trihalomethanes” and substituting “the standards for fluoride, haloacetic acids and trihalomethanes”.

(3) Subsection 16-3 (1) of Schedule 16 to the Regulation is amended by adding the following paragraph:

10. A result indicating that the running annual average of quarterly results with respect to samples tested for trihalomethanes under subsection 13-6 (2) of Schedule 13 and calculated in accordance with subsection 13-6 (3) of Schedule 13 exceeds 0.100 milligrams per litre.

(4) Subsection 16-3 (1) of Schedule 16 to the Regulation is amended by adding the following paragraph:

11. A result indicating that the running annual average of quarterly results with respect to samples tested for haloacetic acids under subsection 13-6.1 (2) of Schedule 13 and calculated in accordance with subsection 13-6.1 (3) of Schedule 13 exceeds 0.080 milligrams per litre.

6. (1) Subsection 16-6 (2) of Schedule 16 to the Regulation is revoked and the following substituted:

(2) An immediate report required under section 16-4 or 16-5 or under subsection 18 (1) of the Act, except for an immediate report that relates to an adverse test result prescribed by paragraph 10 of subsection 16-3 (1), must be given by speaking in person or by telephone with a person referred to in subsection (3).

(2) Section 16-6 of Schedule 16 to the Regulation is amended by adding the following subsections:

(3.1) Subject to subsection (3.2), an immediate report required under section 16-5 or under section 18 of the Act that relates to an adverse test result prescribed by paragraph 10 of subsection 16-3 (1) must be given by providing a written notice in accordance with sections 16-7 and 16-8.

(3.2) Subsection (3.1) does not apply to a person referred to in paragraph 2 of subsection 18 (1) of the Act who operates a laboratory and is required to report immediately under subsection 18 (1) of the Act an adverse test result prescribed by paragraph 10 of subsection 16-3 (1) if the person complies with the requirements set out in subsections 12 (2) and (3) of Ontario Regulation 248/03 (Drinking Water Testing Services) made under the Act within 48 hours after the reporting of the individual test result is authorized pursuant to subsection 12 (1) of that regulation.

(3) Subsection 16-6 (2) of Schedule 16 to the Regulation, as made by subsection (1), is amended by striking out “paragraph 10” and substituting “paragraph 10 or 11”.

(4) Subsection 16-6 (3.1) of Schedule 16 to the Regulation, as made by subsection (2), is amended by striking out “paragraph 10” and substituting “paragraph 10 or 11”.

(5) Subsection 16-6 (3.2) of Schedule 16 to the Regulation, as made by subsection (2), is amended by striking out “paragraph 10” and substituting “paragraph 10 or 11”.

7. (1) Subsections 16-7 (1) and (2) of Schedule 16 to the Regulation are revoked and the following substituted:

(1) A person who is required to report immediately in accordance with subsection 16-6 (2) shall, in addition to speaking in person or by telephone with a person referred to in subsection 16-6 (3), provide a written notice in accordance with this section and section 16-8 within 24 hours after the immediate report is given under section 16-4 or 16-5 or under subsection 18 (1) of the Act.

(2) A person who is required to report immediately by written notice in accordance with subsection 16-6 (3.1) shall give the written notice in accordance with this section and section 16-8 no later than seven days after the last day of the calendar quarter in which the test that produced the adverse test result was conducted.

(2) Subsection 16-7 (3) of Schedule 16 to the Regulation is amended by striking out “subsection (1)” in the portion before clause (a) and substituting “subsections (1) and (2)”.

8. (1) Paragraph 1 of section 17-10 of Schedule 17 to the Regulation is amended by adding “Subject to subsection (2)” at the beginning.

(2) Section 17-10 of Schedule 17 to the Regulation is amended by adding the following subsection:

(2) Paragraph 1 of subsection (1) does not apply to a report that is required to be made in respect of trihalomethanes.

(3) Subsection 17-10 (2) of Schedule 17 to the Regulation, as made by subsection (2), is amended by adding “or haloacetic acids” at the end.

9. (1) Paragraph 1 of section 18-10 of Schedule 18 to the Regulation is amended by adding “Subject to subsection (2)” at the beginning.

(2) Section 18-10 of Schedule 18 to the Regulation is amended by adding the following subsection:

(2) Paragraph 1 of subsection (1) does not apply to a report that is required to be made in respect of trihalomethanes.

(3) Subsection 18-10 (2) of Schedule 18 to the Regulation, as made by subsection (2), is amended by adding “or haloacetic acids” at the end.

10. Schedule 24 to the Regulation is revoked and the following substituted:

SCHEDULE 24
ORGANIC PARAMETERS

Item

Parameter

1.

Alachlor

2.

Atrazine + N-dealkylated metabolites

3.

Azinphos-methyl

4.

Benzene

5.

Benzo(a)pyrene

6.

Bromoxynil

7.

Carbaryl

8.

Carbofuran

9.

Carbon Tetrachloride

10.

Chlorpyrifos

11.

Diazinon

12.

Dicamba

13.

1,2-Dichlorobenzene

14.

1,4-Dichlorobenzene

15.

1,2-Dichloroethane

16.

1,1-Dichloroethylene (vinylidene chloride)

17.

Dichloromethane

18.

2,4-Dichlorophenol

19.

2,4-Dichlorophenoxy acetic acid (2,4-D)

20.

Diclofop-methyl

21.

Dimethoate

22.

Diquat

23.

Diuron

24.

Glyphosate

25.

Malathion

26.

2-Methyl-4-chlorophenoxyacetic acid

27.

Metolachlor

28.

Metribuzin

29.

Monochlorobenzene

30.

Paraquat

31.

Pentachlorophenol

32.

Phorate

33.

Picloram

34.

Polychlorinated Biphenyls (PCB)

35.

Prometryne

36.

Simazine

37.

Terbufos

38.

Tetrachloroethylene (perchloroethylene)

39.

2,3,4,6-Tetrachlorophenol

40.

Triallate

41.

Trichloroethylene

42.

2,4,6-Trichlorophenol

43.

Trifluralin

44.

Vinyl Chloride

 

Commencement

11. (1) Subject to subsections (2), (3) and (4), this Regulation comes into force on the day it is filed.

(2) Sections 1, 2 and 3, subsections 5 (1) and (3), 6 (1) and (2), section 7, subsections 8 (1) and (2) and 9 (1) and (2) and section 10 come into force on the later of January 1, 2016 and the day this Regulation is filed.

(3) Subsection 4 (1) comes into force on the later of January 1, 2017 and the day this Regulation is filed.

(4) Subsections 4 (2), 5 (2) and (4), 6 (3), (4) and (5), 8 (3) and 9 (3) come into force on the later of January 1, 2020 and the day this Regulation is filed.

 

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