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O. Reg. 249/03: DRINKING-WATER SYSTEMS

filed June 16, 2003 under Safe Drinking Water Act, 2002, S.O. 2002, c. 32

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ontario regulation 249/03

made under the

safe drinking water act, 2002

Made: June 11, 2003
Filed: June 16, 2003
Printed in The Ontario Gazette: July 5, 2003

Amending O. Reg. 170/03

(Drinking-Water Systems)

1. (1) The definition of “distribution sample” in subsection 1 (1) of Ontario Regulation 170/03 is amended by striking out “the point at which treated water enters” and substituting “the point at which drinking water enters”.

(2) Clause (b) of the definition of “public facility” in subsection 1 (1) of the Regulation is revoked and the following substituted:

(b) a place that operates primarily for the purpose of providing overnight accommodation to the travelling public,

(b.1) a trailer park or campground,

(3) The definition of “public facility” in subsection 1 (1) of the Regulation is amended by striking out the portion after clause (h).

(4) Clause (b) of the definition of “trained person” in subsection 1 (1) of the Regulation is revoked and the following substituted:

(b) a person who, in the preceding 36 months, successfully completed a course approved by the Director that relates to the operation and routine maintenance of drinking-water systems;

(5) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“water quality analyst” means a person who,

(a) has at least one year of experience working in a laboratory in a drinking-water system or in a laboratory that, in the Director’s opinion, is similar to a laboratory in a drinking-water system, and

(b) has passed an examination approved by the Director that relates to water quality testing in drinking-water systems or, in the Director’s opinion, has education, training or experience indicating that the person has the skills tested by the examination.

2. Section 3 of the Regulation is amended by adding the following subsection:

(4) For the purposes of this Regulation, a place that is both a designated facility and a public facility is open on a day, despite subsections (1) to (3), if,

(a) as a designated facility, it is open on that day, according to subsection (1) or (2), whichever is applicable; or

(b) as a public facility, it is open on that day, according to subsection (3).

3. (1) Paragraphs 3 and 4 of subsection 5 (1) of the Regulation are revoked and the following substituted:

3. Sections 11-1, 11-2 and 11-4 of Schedule 11.

4. Sections 13-1, 13-3, 13-5, 13-6, 13-10 and 13-11 of Schedule 13.

(2) Paragraphs 2 and 3 of subsection 5 (2) of the Regulation are revoked and the following substituted:

2. Sections 11-1, 11-2 and 11-4 of Schedule 11.

3. Sections 13-1, 13-3, 13-5, 13-10 and 13-11 of Schedule 13.

(3) Subsection 5 (3) of the Regulation is amended by striking out “system to which this Regulation that provides” in the portion before paragraph 1 and substituting “system to which this Regulation applies that provides”.

(4) Paragraphs 2 and 3 of subsection 5 (3) of the Regulation are revoked and the following substituted:

2. Sections 12-1, 12-2 and 12-4 of Schedule 12.

3. Sections 14-1, 14-3, 14-8 and 14-9 of Schedule 14.

4. (1) Clause 8 (1) (c) of the Regulation is amended by striking out “all water fountains” at the beginning and substituting “all drinking water fountains”.

(2) Clause 8 (1) (d) of the Regulation is amended by striking out “clauses (a), (b) and (c)” and substituting “clauses (a) and (c)”.

(3) Subsection 8 (3) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(3) Subsection (1) applies to a small non-municipal non-residential system only if,

. . . . .

(4) Clause 8 (3) (b) of the Regulation is amended by adding “to which the general public has access” at the end.

5. The Regulation is amended by adding the following section:

Exemption from certified operator requirement of Act

8.1 (1) Section 12 of the Act does not apply to a municipal drinking-water system unless the system is,

(a) a large municipal residential system;

(b) a small municipal residential system; or

(c) a large municipal non-residential system.

(2) Section 12 of the Act does not apply to a large municipal non-residential system if, pursuant to section 6 or 7 of this Regulation, provisions of this Regulation do not apply to the system.

6. Subsection 9 (1) of the Regulation is revoked and the following substituted:

Exemption from approval requirements of Act

(1) Subsection 31 (1) of the Act does not apply to a municipal drinking-water system unless the system is,

(a) a large municipal residential system; or

(b) a small municipal residential system.

7. Subsection 13 (2) of the Regulation is amended by adding the following paragraph:

5. If the owner gave the Director a written statement by a professional engineer under subsection 21-2 (3) of Schedule 21, a copy of the OWRA approval referred to in that subsection.

8. (1) Paragraph 1 of subsection 1-2 (2) of Schedule 1 to the Regulation is amended by striking out “being obtained or supplied” at the end and substituting “being supplied”.

(2) Paragraph 4 of subsection 1-2 (2) of Schedule 1 to the Regulation is revoked and the following substituted:

4. If the drinking-water system’s water treatment equipment provides chlorination or chloramination for secondary disinfection, the equipment is operated so that, at all times and at all locations within the distribution system,

i.   the free chlorine residual is never less than 0.05 milligrams per litre, if the drinking-water system provides chlorination and does not provide chloramination, or

ii. the combined chlorine residual is never less than 0.25 milligrams per litre, if the drinking-water system provides chloramination.

(3) Sections 1-3 and 1-4 of Schedule 1 to the Regulation are revoked and the following substituted:

Primary disinfection for ground water raw water supply

1-3. The owner of a drinking-water system that obtains water from a raw water supply that is ground water shall ensure provision of water treatment equipment that is designed to be capable of achieving, at all times, primary disinfection in accordance with the Ministry’s Procedure for Disinfection of Drinking Water in Ontario, including at least 99 per cent removal or inactivation of viruses by the time water enters the distribution system.

Filtration and primary disinfection for surface water raw water supply

1-4. The owner of a drinking-water system that obtains water from a raw water supply that is surface water shall ensure provision of,

(a) water treatment equipment that,

(i) is designed to be capable of chemically assisted filtration, and 

(ii) is designed to be capable of achieving, at all times, primary disinfection in accordance with the Ministry’s Procedure for Disinfection of Drinking Water in Ontario, including at least 99 per cent removal or inactivation of Cryptosporidium oocysts, at least 99.9 per cent removal or inactivation of Giardia cysts and at least 99.99 per cent removal or inactivation of viruses by the time water enters the distribution system; or

(b) other water treatment equipment that, in the Director’s opinion, is designed to be capable of producing water of equal or better quality than the equipment described in clause (a).

(4) Section 1-6 of Schedule 1 to the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

Primary disinfection equipment that does not use chlorination or chloramination

1-6. If primary disinfection equipment that does not use chlorination or chloramination is provided by a drinking-water system, the owner of the system and the operating authority for the system shall ensure that the following standards are met:

. . . . .

(5) Section 1-6 of Schedule 1 to the Regulation is amended by adding the following paragraph:

4. In the case of a large municipal residential system, the disinfection equipment must have a recording device that continuously records the performance of the disinfection equipment.

(6) Section 1-8 of Schedule 1 to the Regulation is amended by striking out “sections 1-2 to 1-6” in the portion after clause (b) and substituting “sections 1-3 to 1-6”.

(7) Subsection 1-9 (1) of Schedule 1 to the Regulation is amended by striking out “sections 1-2 to 1-6” and substituting “sections 1-3 to 1-6”.

9. (1) Paragraph 1 of subsection 2-2 (2) of Schedule 2 to the Regulation is amended by striking out “being obtained or supplied” at the end and substituting “being supplied”.

(2) Sections 2-3 and 2-4 of Schedule 2 to the Regulation are revoked and the following substituted:

Primary disinfection for ground water raw water supply

2-3. The owner of a drinking-water system that obtains water from a raw water supply that is ground water shall ensure provision of water treatment equipment that is designed to be capable of achieving, at all times, primary disinfection in accordance with the Ministry’s Procedure for Disinfection of Drinking Water in Ontario, including at least 99 per cent removal or inactivation of viruses by the time,

(a) water leaves the point of entry treatment units, in the case of a drinking-water system to which, pursuant to section 3-2 of Schedule 3, section 2-5 does not apply; or

(b) water enters the distribution system, in any other case.

Filtration and primary disinfection for surface water raw water supply

2-4. The owner of a drinking-water system that obtains water from a raw water supply that is surface water shall ensure provision of,

(a) water treatment equipment that,

(i) is designed to be capable of chemically assisted filtration, and 

(ii) is designed to be capable of achieving, at all times, primary disinfection in accordance with the Ministry’s Procedure for Disinfection of Drinking Water in Ontario, including at least 99 per cent removal or inactivation of Cryptosporidium oocysts, at least 99.9 per cent removal or inactivation of Giardia cysts and at least 99.99 per cent removal or inactivation of viruses by the time,

(A) water leaves the point of entry treatment units, in the case of a drinking-water system to which, pursuant to section 3-2 of Schedule 3, section 2-5 does not apply, or

(B) water enters the distribution system, in any other case; or

(b) other water treatment equipment that, in the opinion of a professional engineer, is designed to be capable of producing water of equal or better quality than the equipment described in clause (a).

(3) Section 2-6 of Schedule 2 to the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

Primary disinfection equipment that does not use chlorination or chloramination

2-6. If primary disinfection equipment that does not use chlorination or chloramination is provided by a drinking-water system, the owner of the system and the operating authority for the system shall ensure that the following standards are met:

. . . . .

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

4. In the case of a drinking-water system that provides ultraviolet light disinfection equipment, any sensors that form part of the equipment’s monitoring system must be checked and calibrated in accordance with the manufacturer’s instructions.

(5) Subsection 2-9 (1) of Schedule 2 to the Regulation is amended by striking out “commenced operation before August 1, 2000” and substituting “commenced operation before June 1, 2003”.

10. Section 3-2 of Schedule 3 to the Regulation is revoked and the following substituted:

Point of entry treatment units

3-2. Section 2-5 of Schedule 2 does not apply to a drinking-water system if the following criteria are met:

1. A point of entry treatment unit belonging to the owner of the drinking-water system is installed in the plumbing of every building and other structure served by the system, other than buildings and other structures to which water is supplied exclusively for,

i. agricultural operations,

ii. landscaping operations,

iii. industrial or manufacturing operations, including food manufacturing or processing operations, or

iv. swimming pool or skating rink maintenance operations.

2. If adjustments are required to a point of entry unit and access to the unit requires the permission of the occupants of the building or structure that is served by the unit, notice is given to the occupants informing them that access is required for that purpose.

3. The owner of the drinking-water system has access at all times to shut-off valves that enable the owner to shut off the supply of water to the plumbing in which point of entry treatment units are installed.

11. Paragraph 2 of section 4-2 of Schedule 4 to the Regulation is revoked and the following substituted:

2. Paragraphs 1 to 4 of subsection 1-2 (2) of Schedule 1.

12. (1) Section 6-2 of Schedule 6 to the Regulation is amended by striking out “the point at which treated water enters” and substituting “the point at which water enters”.

(2) Paragraph 3 of subsection 6-5 (1) of Schedule 6 to the Regulation is amended by striking out “within 24 hours” in the portion before subparagraph i and substituting “within 72 hours”.

(3) Section 6-8 of Schedule 6 to the Regulation is revoked and the following substituted:

Sample handling

6-8. If this Regulation or an approval or order, including an OWRA order, requires a water sample to be tested for a parameter by a laboratory, the owner of the drinking-water system and the operating authority for the system shall ensure that, subject to the other provisions of this Regulation, the sample is taken and handled in accordance with the directions of the laboratory to which the sample will be delivered for testing, including directions with respect to,

(a) collection procedures;

(b) the use of specified kinds of containers or of containers that are provided by the laboratory;

(c) the labelling of samples;

(d) the completion and submission of forms that are provided by the laboratory;

(e) methods of transporting samples, including temperature conditions that must be maintained during transportation; and

(f) time periods for delivery of samples.

(4) Subsection 6-9 (1) of Schedule 6 to the Regulation is revoked and the following substituted:

Testing by laboratories

(1) The owner of a drinking-water system and the operating authority for the system shall ensure that every test for a parameter that is required by this Regulation, or by an approval or order, including an OWRA order,

(a) is conducted by an accredited laboratory for the parameter; or

(b) in the case of a radiological parameter for which there is no accredited laboratory in Ontario, is conducted by a laboratory that, in the Director’s opinion, is capable of conducting the test.

(5) Subsection 6-9 (1) of Schedule 6 to the Regulation, as remade by subsection (4), is revoked.

(6) Subsection 6-9 (2) of Schedule 6 to the Regulation is revoked.

(7) Subsection 6-9 (3) of Schedule 6 to the Regulation is amended by striking out “within 14 days after completing the test, prepare a report on the results of the test and send a copy” in the portion before clause (a) and substituting  “within 28 days after completing the test, prepare a report on the results of the test and give a copy”.

(8) Subsection 6-9 (3) of Schedule 6 to the Regulation, as amended by subsection (7), is revoked.

(9) Subsection 6-9 (5) of Schedule 6 to the Regulation is amended by striking out “or” at the end of clause (b) and by revoking clause (c) and substituting the following:

(c) testing for fluoride, for turbidity, for free chlorine residual or for free chlorine residual and total chlorine residual measured for the purpose of determining combined chlorine residual, if the testing is conducted in the drinking-water system, or in a facility served by the system, by,

(i) a certified operator,

(ii) a trained person,

(iii) a water quality analyst, or

(iv) a provincial officer or person acting under the supervision of a provincial officer; or

(d) testing required by Schedule 8 or 9 if, pursuant to section 8-7 of Schedule 8 or section 9-8 of Schedule 9, the testing may be conducted by any person.

(10) Subsection 6-9 (5) of Schedule 6 to the Regulation, as amended by subsection (9), is revoked.

(11) Subsections 6-9 (7) to (9) of Schedule 6 to the Regulation are revoked.

(12) Schedule 6 to the Regulation is amended by adding the following section:

OWRA approvals

6-12. (1) If an OWRA approval requires more stringent sampling or testing than a provision of this Schedule or Schedules 7 to 15, the OWRA approval prevails.

(2) If an OWRA approval requires less stringent sampling or testing than a provision of this Schedule or Schedules 7 to 15, the provision of this Schedule or Schedules 7 to 15 prevails.

13. (1) Subsection 7-2 (1) of Schedule 7 to the Regulation is amended by striking out “at a location” and substituting “at or near a location”.

(2) Subsection 7-2 (2) of Schedule 7 to the Regulation is amended by striking out “at a location” and substituting “at or near a location”.

(3) Subsection 7-3 (1) of Schedule 7 to the Regulation is amended by striking out “and is tested for turbidity” at the end and substituting “and is tested immediately for turbidity”.

(4) Section 7-5 of Schedule 7 to the Regulation is revoked and the following substituted:

Testing by certified operators or water quality analysts

7-5. (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 or a water quality analyst.

(2) Subsection (1) does not apply to tests conducted by continuous monitoring equipment.

14. (1) Section 8-2 of Schedule 8 to the Regulation is revoked and the following substituted:

Equipment maintenance

8-2. (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.

(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.

(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 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 to confirm proper functioning.

(5) The owner of the drinking-water system and the operating authority for the system shall ensure that a record is made of the date and time of every action taken under subsections (1) to (4), the name of the person who took the action and the results of the action.

(2) Subsection 8-3 (1) of Schedule 8 to the Regulation is amended by striking out “at a location” and substituting “at or near a location”.

(3) Subsection 8-3 (2) of Schedule 8 to the Regulation is amended by striking out “at a location” and substituting “at or near a location”.

(4) Section 8-3 of Schedule 8 to the Regulation is amended by adding the following subsection:

(4) Subsection (3) does not apply if,

(a) the owner complies with section 2-3 or 2-4 of Schedule 2, whichever is applicable; and

(b) all parts of the drinking-water system and of the plumbing connected to the drinking-water system that are downstream of the equipment provided in accordance with section 2-3 or 2-4 of Schedule 2 are enclosed in a building or other protective structure.

(5) Section 8-4 of Schedule 8 to the Regulation is revoked and the following substituted:

Turbidity

8-4. (1) The owner of a drinking-water system that obtains water from a raw water supply that is ground water, and the operating authority for the system, shall ensure that a water sample is taken at least once every month, from a location that is before raw water enters the treatment system, and is tested immediately for turbidity.

(2) If, with respect to a drinking-water system that obtains water from a raw water supply that is surface water, continuous monitoring equipment is required to comply with section 2-4 of Schedule 2, the owner of the system shall ensure that sampling and testing for turbidity is conducted by continuous monitoring equipment on each filter effluent line.

(3) If subsection (2) does not apply to a drinking-water system that obtains water from a raw water supply that is surface water, the owner of the system, and the operating authority for the system, shall ensure that a water sample is taken at least once every day on each filter effluent line and is tested immediately for turbidity.

(4) Subsections (2) and (3) do not apply to a drinking-water system until the equipment required to ensure compliance with Schedule 2 commences operation.

(6) Subsection 8-5 (1) of Schedule 8 to the Regulation is amended by striking out “by a certified operator” at the end and substituting “by a certified operator or a water quality analyst”.

(7) Section 8-7 of Schedule 8 to the Regulation is revoked and the following substituted:

Transition:  certified operators

8-7. If the owner of a drinking-water system is not required to comply with sections 2-2 to 2-6 of Schedule 2 until after June 1, 2003, a reference in this Schedule to a certified operator shall be deemed, with respect to that system, to be a reference to any person until the equipment required to ensure compliance with Schedule 2 commences operation.

15. (1) Section 9-2 of Schedule 9 to the Regulation is revoked and the following substituted:

Equipment maintenance

9-2. (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 trained person.

(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 trained person.

(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 trained person 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 trained person to confirm proper functioning.

(5) The owner of the drinking-water system and the operating authority for the system shall ensure that a record is made of the date and time of every action taken under subsections (1) to (4), the name of the person who took the action and the results of the action.

(2) Subsection 9-3 (1) of Schedule 9 to the Regulation is amended by striking out “at a location” and substituting “at or near a location”.

(3) Subsection 9-3 (2) of Schedule 9 to the Regulation is amended by striking out “at a location” and substituting “at or near a location”.

(4) Section 9-3 of Schedule 9 to the Regulation is amended by adding the following subsection:

(4) Subsection (3) does not apply if,

(a) the owner complies with section 2-3 or 2-4 of Schedule 2, whichever is applicable; and

(b) all parts of the drinking-water system and of the plumbing connected to the drinking-water system that are downstream of the equipment provided in accordance with section 2-3 or 2-4 of Schedule 2 are enclosed in a building or other protective structure.

(5) Section 9-4 of Schedule 9 to the Regulation is revoked and the following substituted:

Turbidity

9-4. (1) If, with respect to a drinking-water system that obtains water from a raw water supply that is surface water, continuous monitoring equipment is required to comply with section 2-4 of Schedule 2, the owner of the system shall ensure that sampling and testing for turbidity is conducted by continuous monitoring equipment on each filter effluent line.

(2) If subsection (1) does not apply to a drinking-water system that obtains water from a raw water supply that is surface water, the owner of the system, and the operating authority for the system, shall ensure that a water sample is taken at least once every day on each filter effluent line and is tested immediately for turbidity.

(3) Subsections (1) and (2) do not apply until the equipment required to ensure compliance with Schedule 2 commences operation.

(6) Subsection 9-5 (1) of Schedule 9 to the Regulation is amended by striking out “by a trained person” at the end and substituting “by a trained person or a water quality analyst”.

(7) Section 9-6 of Schedule 9 to the Regulation is revoked and the following substituted:

Exceptions

9-6. (1) Sections 9-2 to 9-4 do not apply to a small municipal non-residential system or a small non-municipal non-residential system on days on which all designated facilities and all public facilities served by the system are not open.

(2) Sections 9-2 to 9-4 do not apply to a non-municipal seasonal residential system during a period of 60 or more consecutive days when the system is not in operation.

(8) Section 9-8 of Schedule 9 to the Regulation is revoked and the following substituted:

Transition:  trained persons

9-8. If the owner of a drinking-water system is not required to comply with sections 2-2 to 2-6 of Schedule 2 until after June 1, 2003, a reference in this Schedule to a trained person shall be deemed, with respect to that system, to be a reference to any person until the equipment required to ensure compliance with Schedule 2 commences operation.

16. (1) Subsection 11-2 (3) of Schedule 11 to the Regulation is revoked and the following substituted:

(3) The frequency of sampling under subsection (1) may be reduced to the frequency set out in subsection (4) if,

(a) samples have been taken with the frequency set out in subsection (1) and tested in accordance with subsection (2) for a period of 24 consecutive months and, during that period, not more than one of the test results obtained under paragraph 2 of section 18-5 and paragraph 1 of section 18-6 of Schedule 18 to this Regulation exceeds the standard prescribed for Escherichia coli, fecal coliforms or total coliforms by Schedule 1 to the Ontario Drinking-Water Quality Standards; and

(b) the owner of the drinking-water system or the operating authority for the system has given the Director at least seven days notice in writing of the intention to reduce the frequency of sampling.

(2) Section 11-2 of Schedule 11 to the Regulation is amended by adding the following subsections:

(6) If a drinking-water system uses point of entry treatment units, the samples taken under subsection (1) shall be taken from locations downstream of the point of entry treatment units and shall be taken on a rotational basis so that, after a sample is taken from a location downstream of a particular point of entry treatment unit, another sample is not taken from a location downstream of that unit until samples have been taken from locations downstream of all the other point of entry treatment units.

(7) For the purpose of subsections (3) and (5),

(a) samples taken and tested for microbiological parameters before June 1, 2003 in accordance with clause 7 (1) (a) of Ontario Regulation 459/00 (Drinking Water Protection — Larger Water Works) shall be deemed to be samples taken with the frequency set out in subsection (1) and tested in accordance with subsection (2);

(b) samples taken and tested before June 1, 2003 in accordance with subsection 8 (1) of Ontario Regulation 505/01 (Drinking Water Protection — Smaller Water Works Serving Designated Facilities) shall be deemed to be samples taken with the frequency set out in subsection (1) and tested in accordance with subsection (2);

(c) test results obtained from samples taken and tested before June 1, 2003 pursuant to corrective action described in paragraph 1 of Schedule 6 to Ontario Regulation 459/00 shall be deemed to be test results obtained under paragraph 2 of section 18-5 of Schedule 18 to this Regulation;

(d) test results obtained from samples taken and tested before June 1, 2003 pursuant to corrective action described in paragraph 2 of Schedule 1 to Ontario Regulation 505/01 shall be deemed to be test results obtained under paragraph 2 of section 18-5 of Schedule 18 to this Regulation;

(e) test results obtained from samples taken and tested before June 1, 2003 pursuant to corrective action described in paragraph 2 of Schedule 6 to Ontario Regulation 459/00 shall be deemed to be test results obtained under paragraph 1 of section 18-6 of Schedule 18 to this Regulation; and

(f) test results obtained from samples taken and tested before June 1, 2003 pursuant to corrective action described in paragraph 3 of Schedule 1 to Ontario Regulation 505/01 shall be deemed to be test results obtained under paragraph 1 of section 18-6 of Schedule 18 to this Regulation.

(3) Section 11-5 of Schedule 11 to the Regulation is revoked.

17. (1) Subsection 12-2 (4) of Schedule 12 to the Regulation is revoked and the following substituted:

(4) The frequency of sampling under subsection (1) may be reduced to the frequency set out in subsection (5) if,

(a) samples have been taken with the frequency set out in subsection (1) and tested in accordance with subsection (2) for a period of 24 consecutive months and, during that period, not more than one of the test results obtained under paragraph 2 of section 18-5 and paragraph 1 of section 18-6 of Schedule 18 to this Regulation exceeds the standard prescribed for Escherichia coli, fecal coliforms or total coliforms by Schedule 1 to the Ontario Drinking-Water Quality Standards; and

(b) the owner of the drinking-water system or the operating authority for the system has given the Director at least seven days notice in writing of the intention to reduce the frequency of sampling.

(2) Clause 12-2 (5) (a) of Schedule 12 to the Regulation is amended by striking out “every two weeks” and substituting “every four weeks”.

(3) Clause 12-2 (5) (b) of Schedule 12 to the Regulation is amended by striking out “every week” and substituting “every two weeks”.

(4) Section 12-2 of Schedule 12 to the Regulation is amended by adding the following subsections:

(7) If a drinking-water system uses point of entry treatment units, the samples taken under subsection (1) shall be taken from locations downstream of the point of entry treatment units and shall be taken on a rotational basis so that, after a sample is taken from a location downstream of a particular point of entry treatment unit, another sample is not taken from a location downstream of that unit until samples have been taken from locations downstream of all the other point of entry treatment units.

(8) For the purpose of subsections (4) and (6),

(a) samples taken and tested for microbiological parameters before June 1, 2003 in accordance with clause 7 (1) (a) of Ontario Regulation 459/00 (Drinking Water Protection — Larger Water Works) shall be deemed to be samples taken with the frequency set out in subsection (1) and tested in accordance with subsection (2);

(b) samples taken and tested before June 1, 2003 in accordance with subsection 8 (1) of Ontario Regulation 505/01 (Drinking Water Protection — Smaller Water Works Serving Designated Facilities) shall be deemed to be samples taken with the frequency set out in subsection (1) and tested in accordance with subsection (2);

(c) test results obtained from samples taken and tested before June 1, 2003 pursuant to corrective action described in paragraph 1 of Schedule 6 to Ontario Regulation 459/00 shall be deemed to be test results obtained under paragraph 2 of section 18-5 of Schedule 18 to this Regulation;

(d) test results obtained from samples taken and tested before June 1, 2003 pursuant to corrective action described in paragraph 2 of Schedule 1 to Ontario Regulation 505/01 shall be deemed to be test results obtained under paragraph 2 of section 18-5 of Schedule 18 to this Regulation;

(e) test results obtained from samples taken and tested before June 1, 2003 pursuant to corrective action described in paragraph 2 of Schedule 6 to Ontario Regulation 459/00 shall be deemed to be test results obtained under paragraph 1 of section 18-6 of Schedule 18 to this Regulation; and

(f) test results obtained from samples taken and tested before June 1, 2003 pursuant to corrective action described in paragraph 3 of Schedule 1 to Ontario Regulation 505/01 shall be deemed to be test results obtained under paragraph 1 of section 18-6 of Schedule 18 to this Regulation.

(5) Section 12-5 of Schedule 12 to the Regulation is revoked.

18. Section 13-12 of Schedule 13 to the Regulation is revoked.

19. Section 14-10 of Schedule 14 to the Regulation is revoked.

20. (1) Section 15-6 of Schedule 15 to the Regulation is amended by striking out “If a drinking-water system does not provide fluoridation” at the beginning.

(2) Section 15-8 of Schedule 15 to the Regulation is revoked.

21. (1) Clause 16-2 (b) of Schedule 16 to the Regulation is revoked and the following substituted:

(b) the test,

(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 a certified operator or trained person employed by the owner or operating authority, and

(ii) does not relate to water that is supplied exclusively for,

(A) agricultural operations,

(B) landscaping operations,

(C) industrial or manufacturing operations, including food manufacturing or processing operations, or

(D) swimming pool or skating rink maintenance operations;

(2) Paragraph 6 of section 16-3 of Schedule 16 to the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

6. If the drinking-water system is required to provide filtration and a report under subsection 18 (1) of the Act has not been made in respect of turbidity in the preceding 24 hours, a result indicating that turbidity exceeds 1.0 Nephelometric Turbidity Units (NTU) in,

. . . . .

(3) Paragraph 9 of section 16-3 of Schedule 16 to the Regulation is revoked and the following substituted:

9. A result indicating that the concentration of fluoride exceeds 1.5 milligrams per litre in a sample of drinking water, if,

i. the drinking-water system provides fluoridation and a report under subsection 18 (1) of the Act has not been made in respect of fluoride in the preceding 24 hours, or

ii. the drinking-water system does not provides fluoridation and a report under subsection 18 (1) of the Act has not been made in respect of fluoride in the preceding 60 months.

(4) Schedule 16 to the Regulation is amended by adding the following section:

Small non-municipal non-residential systems that do not serve designated facilities

16-10. If a small non-municipal non-residential system does not serve a designated facility, section 18 of the Act and this Schedule do not apply to the system until June 1, 2005.

22. Clause 19-3 (1) (b) of Schedule 19 to the Regulation is revoked and the following substituted:

(b) a public health inspector under the Health Protection and Promotion Act, or a person acting under the supervision of a public health inspector.

23. (1) Subsection 21-2 (3) of Schedule 21 to the Regulation is revoked and the following substituted:

(3) If an OWRA approval was granted after August 1, 2000 in respect of the system and the owner of the system gives the Director a written statement by a professional engineer certifying that,

(a) he or she has visited the system; and

(b) in his or her opinion,

(i) all equipment required in order to ensure compliance with Schedule 2 is being provided, and

(ii) all equipment required in order to ensure compliance with Schedules 6, 8 and 9 is being provided,

the owner of the system shall be deemed to have complied with subsection (1) and with the owner’s first obligation to give a notice to the Director under section 21-7, and, for the purpose of this Schedule, the report required by subsection (1) shall be deemed to have been required to be prepared not later than the date the OWRA approval was granted.

(2) Subsection 21-3 (1) of Schedule 21 to the Regulation is revoked and the following substituted:

New and altered systems

(1) If, after this Regulation comes into force, a drinking-water system commences operation or an alteration is made to a drinking-water system, the owner of the system shall ensure that, not later than 30 days after the system commences operation or the alteration is completed, a professional engineer who has experience in sanitary engineering related to drinking-water systems prepares a report that complies with section 21-5.

(3) Section 21-5 of Schedule 21 to the Regulation is revoked and the following substituted:

Contents of engineer’s report

21-5. For the purposes of this Schedule, a report complies with this section if,

(a) the report specifies which type of drinking-water system listed in subsection 21-1 (1) the report deals with;

(b) the professional engineer who prepares the report certifies in the report that he or she has visited the drinking-water system and that, in his or her opinion,

(i) all equipment required in order to ensure compliance with Schedule 2 is being provided, and

(ii) all equipment required in order to ensure compliance with Schedules 6, 8 and 9 is being provided;

(c) the report sets out the professional engineer’s reasons for the opinion referred to in clause (b), along with the technical and other information he or she relied on in reaching that opinion; and

(d) the report includes a maintenance schedule that sets out requirements relating to the frequency with which the following equipment must be inspected, tested and replaced:

(i) the water treatment equipment that is provided by the drinking-water system, and

(ii) the equipment that is provided by the drinking-water system in order to ensure compliance with Schedules 6, 8 and 9.

24. (1) Section 22-2 (1) of Schedule 22 to the Regulation is amended by striking out “each year after 2004” in the portion before clause (a) and substituting “each year after 2003”.

(2) Section 22-2 of Schedule 22 to the Regulation is amended by adding the following subsection:

(5) For the purpose of subsection (1), the preceding calendar year for the report that is required to be prepared not later than March 31, 2004 shall be deemed to be the period from July 1, 2003 to December 31, 2003.

(3) Schedule 22 to the Regulation is amended by adding the following section:

OWRA approvals

22-3. A provision of an OWRA approval that requires the completion and presentation of a compliance report does not apply to a drinking-water system if the owner of the system complies with section 22-2.

25. Item 24 of Schedule 24 to the Regulation is revoked and the following substituted:

24.

2,4-Dichlorophenol

26. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Subsections 12 (5), (6), (8), (10) and (11) come into force on the day section 63 of the Act is proclaimed in force.