O. Reg. 820/21: DRINKING WATER SYSTEMS
filed December 3, 2021 under Safe Drinking Water Act, 2002, S.O. 2002, c. 32
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made under the
Safe Drinking Water Act, 2002
Made: November 25, 2021
Filed: December 3, 2021
Published on e-Laws: December 3, 2021
Printed in The Ontario Gazette: December 18, 2021
Amending O. Reg. 170/03
(DRINKING WATER SYSTEMS)
1. Subsection 1 (1) of Ontario Regulation 170/03 is amended by adding the following definition:
“emergency substitute operator” means a person employed to carry out the functions of a certified operator temporarily in specific emergency circumstances, in accordance with sections 32, 33 and 34 of Ontario Regulation 128/04 (Certification of Drinking Water System Operators and Water Quality Analysts), made under the Act; (“exploitant suppléant d’urgence”)
2. Section 8.1 of the Regulation is amended by adding the following subsection:
(8) For greater certainty, section 12 of the Act does not apply to an emergency substitute operator.
3. (1) Paragraph 5 of subsection 1-2 (2) of Schedule 1 to the Regulation is amended by adding “or emergency substitute operators” at the end.
(2) Clause 1-6 (1) (b) of Schedule 1 to the Regulation is amended by adding ‘or emergency substitute operator” after “certified operator”.
(3) Paragraphs 2 and 3 of subsection 1-6 (2) of Schedule 1 to the Regulation are revoked and the following substituted:
2. If an alarm signals under paragraph 1, a certified operator or emergency substitute operator who is at the building or structure where the disinfection equipment is installed must take appropriate action or, if no certified operator or emergency substitute operator is at that location, a certified operator or emergency substitute operator must promptly be dispatched to that location to take appropriate action.
3. A certified operator or emergency substitute operator who is dispatched under paragraph 2 must arrive at the building or structure where the disinfection equipment is installed as soon as possible.
4. Subparagraph 9 i of subsection 2-2 (2) of Schedule 2 to the Regulation is amended by adding “or emergency substitute operators” after “certified operators” in the portion before sub-subparagraph A.
5. Subparagraph 3 i of subsection 6-5 (1) of Schedule 6 to the Regulation is amended by adding “or emergency substitute operator” after “certified operator” in the portion before sub-subparagraph A.
6. Subsections 7-5 (1) and (1.1) of Schedule 7 to the Regulation are revoked and the following substituted:
Testing by certified operators, emergency substitute operators or water quality analysts
(1) The owner of a drinking water system and the operating authority for the system shall ensure that every test required by this Schedule is conducted by a certified operator, emergency substitute operator or water quality analyst.
(1.1) Despite subsection (1), a test required by section 7-2 or 7-3 at a small municipal residential system may be conducted by a person who is not a certified operator, emergency substitute operator or water quality analyst if the person,
(a) has been trained by a certified operator to conduct the test;
(b) works under the supervision of a certified operator or an emergency substitute operator described in paragraph 1 or 2 of subsection 33 (1) of Ontario Regulation 128/04 (Certification of Drinking Water System Operators and Water Quality Analysts), made under the Act; and
(c) immediately advises a certified operator or an emergency substitute operator described in paragraph 1 or 2 of subsection 33 (1) of Ontario Regulation 128/04 (Certification of Drinking Water System Operators and Water Quality Analysts), made under the Act, of all test results.
7. (1) Subsections 8-2 (1) to (4) of Schedule 8 to the Regulation are revoked and the following substituted:
Equipment maintenance
(1) If a report that complies with section 21-5 of Schedule 21 has been prepared in respect of a drinking water system in accordance with that Schedule, the owner of the system and the operating authority for the system shall ensure that the maintenance schedule referred to in clause 21-5 (d) of Schedule 21 is complied with by a certified operator or emergency substitute operator.
(2) If subsection (1) does not apply but a manufacturer of a drinking water system’s water treatment equipment has given instructions with respect to the checking or maintenance of the equipment, the owner of the system and the operating authority for the system shall ensure that the instructions are complied with by a certified operator or emergency substitute operator.
(3) If subsections (1) and (2) do not apply and a drinking water system provides chlorination or chloramination, the owner of the system and the operating authority for the system shall ensure that all water treatment equipment is checked at least once every week by a certified operator or emergency substitute operator to confirm proper functioning.
(4) If subsections (1), (2) and (3) do not apply, the owner of a drinking water system and the operating authority for the system shall ensure that all water treatment equipment is checked at least once every three months by a certified operator or emergency substitute operator to confirm proper functioning.
(2) Subsections 8-5 (1) and (1.1) of Schedule 8 to the Regulation are revoked and the following substituted:
Testing by certified operators, emergency substitute operators or water quality analysts
(1) The owner of a drinking water system and the operating authority for the system shall ensure that every test required by this Schedule is conducted by a certified operator, emergency substitute operator or water quality analyst.
(1.1) Despite subsection (1), a test required by this Schedule may be conducted by a person who is not a certified operator, emergency substitute operator or water quality analyst if the person,
(a) has been trained by a certified operator to conduct the test;
(b) works under the supervision of a certified operator or an emergency substitute operator described in paragraph 1 or 2 of subsection 33 (1) of Ontario Regulation 128/04 (Certification of Drinking Water System Operators and Water Quality Analysts) made under the Act; and
(c) immediately advises a certified operator or an emergency substitute operator described in paragraph 1 or 2 of subsection 33 (1) of Ontario Regulation 128/04 (Certification of Drinking Water System Operators and Water Quality Analysts), made under the Act, of all test results.
8. Subsection 15.1-7 (4) of Schedule 15.1 to the Regulation is amended by striking out “or” at the end of clause (d), by adding “or” at the end of clause (e) and by adding the following clause:
(f) an emergency substitute operator.
9. Subclause 16-2 (1) (b) (i) of Schedule 16 to the Regulation is revoked and the following substituted:
(i) is conducted by or pursuant to the direction of the owner of a drinking water system, the operating authority for a drinking water system or any of the following employed by the owner or operating authority:
(A) a certified operator,
(B) an emergency substitute operator,
(C) a trained person, and
Commencement
10. This Regulation comes into force on the day it is filed.