O. Reg. 165/04: Drinking Water Systems
filed June 18, 2004 under Safe Drinking Water Act, 2002, S.O. 2002, c. 32
Skip to contentontario regulation 165/04
made under the
safe drinking water act, 2002
Made: June 17, 2004
Filed: June 18, 2004
Printed in The Ontario Gazette: July 3, 2004
Amending O. Reg. 170/03
(Drinking-Water Systems)
1. (1) Subsection 1 (1) of Ontario Regulation 170/03 is amended by adding the following definition:
“food service establishment” means food service premises, as defined in Regulation 562 of the Revised Regulations of Ontario, 1990 (Food Premises) under the Health Protection and Promotion Act, to which the general public is admitted, other than temporary food service premises that are operated solely in conjunction with an exhibition, fair, carnival, sports meeting or other special or temporary event; (“établissement de restauration”)
(2) Clause (a) of the definition of “public facility” in subsection 1 (1) of the Regulation is revoked and the following substituted:
(a) a food service establishment,
2. (1) Clause 8 (1) (a) of the Regulation is amended by striking out “subsections (6) and (7)” at the end and substituting “subsection (6)”.
(2) Subsection 8 (2) of the Regulation is amended by striking out “Subject to subsection (3)” at the beginning and substituting “Subject to subsections (3) and (4.1)”.
(3) Subclause 8 (3) (d) (ii) of the Regulation is amended by striking out “any food premises” and substituting “any food service establishments”.
(4) Section 8 of the Regulation is amended by adding the following subsections:
(4.1) Subsection (1) applies to a small municipal non-residential system only if,
(a) the system does not use electricity and does not serve any building or other structure that uses electricity; or
(b) the system,
(i) does not serve any designated facilities, and
(ii) does not serve any food service establishments that rely on the system for the supply of potable water that is required by clause 20 (1) (a) of Regulation 562 of the Revised Regulations of Ontario, 1990 (Food Premises) under the Health Protection and Promotion Act.
(4.2) Subsection (4.1) does not apply to a small municipal non-residential system after December 31, 2004.
(5) Subsection 8 (7) of the Regulation is revoked.
3. Section 8.1 of the Regulation is amended by adding the following subsection:
(6) Section 12 of the Act does not apply to a large municipal non-residential system, non-municipal year-round residential system or large non-municipal non-residential system if, pursuant to section 8-7 of Schedule 8, a reference in that Schedule to a certified operator is deemed, with respect to that system, to be a reference to any person.
4. (1) Clause 2-9 (1) (a) of Schedule 2 to the Regulation is revoked and the following substituted:
(a) December 31, 2004, if the system obtains water from a raw water supply that is surface water; or
(2) Subsection 2-10 (1) of Schedule 2 to the Regulation is revoked and the following substituted:
(1) The owner of a drinking-water system shall give a notice to the Director in accordance with subsection (2) not later than June 1, 2005 if,
(a) subsection 2-9 (1) applies to the drinking-water system and the system obtains water from a raw water supply that is ground water; or
(b) subsection 2-9 (2) applies to the drinking-water system.
5. Section 16-2 of Schedule 16 to the Regulation is amended by adding the following subsection:
(2) Despite subsection (1), subsection 18 (1) of the Act does not apply to a drinking-water test that is conducted to ensure compliance with corrective action required by paragraph 1 of section 17-4 of Schedule 17 or paragraph 1 of section 18-4 of Schedule 18.
6. Schedule 17 to the Regulation is amended by adding the following section:
Corrective action that requires report under s. 18 of the Act
17-14. If a report is required to be made under section 18 of the Act as a result of a drinking-water test that is a component of corrective action taken with respect to a parameter in accordance with this Schedule, it is not necessary to start the corrective action with respect to that parameter over again, but the owner of the drinking-water system and the operating authority for the system shall ensure that any remaining components of the corrective action are completed.
7. (1) Sections 18-2, 18-3 and 18-4 of Schedule 18 to the Regulation are revoked and the following substituted:
Improper disinfection
18-2. If a report is required to be made under section 16-4 of Schedule 16 in respect of water that has not been properly disinfected, the owner of the drinking-water system and the operating authority for the system shall ensure that the following corrective action is taken:
1. Immediately restore the disinfection.
2. Immediately take all reasonable steps to notify all users of water from the system to use an alternate source of drinking water or to bring water to a rapid rolling boil for at least one minute before use.
3. Take such other steps as are directed by the medical officer of health.
Turbidity
18-3. If a report is required to be made under section 18 of the Act in respect of turbidity, the owner of the drinking-water system and the operating authority for the system shall ensure that the following corrective action is taken:
1. Immediately check the drinking-water system’s turbidity monitoring equipment and correct any problems that are identified.
2. If no problems are identified under paragraph 1,
i. immediately backwash the nearest filter upstream of the location where the sample that gave rise to the report under section 18 of the Act was taken or immediately replace the filter cartridges or filter elements of the nearest filtration equipment upstream of that location, and
ii. immediately review other upstream operational processes and correct any faulty processes that are identified.
3. Immediately after taking the steps required by paragraphs 1 and 2, resample and test.
4. If turbidity that exceeds 1.0 Nephelometric Turbidity Units (NTU) is detected under paragraph 3,
i. immediately take all reasonable steps to notify all users of water from the system to use an alternate source of drinking water or to bring water to a rapid rolling boil for at least one minute before use,
ii. follow the manufacturer’s recommendations for servicing the filtration equipment upstream of the location where the sample that gave rise to the report under section 18 of the Act was taken, and
iii. flush the distribution system and any plumbing owned by the owner of the drinking-water system.
5. Take such other steps as are directed by the medical officer of health.
Chlorine residual
18-4. If a report is required to be made under section 18 of the Act in respect of free chlorine residual, the owner of the drinking-water system and the operating authority for the system shall ensure that the following corrective action is taken:
1. Immediately flush the distribution system and any plumbing owned by the owner of the drinking-water system or take other steps intended to ensure that a free chlorine residual of at least 0.2 milligrams per litre is quickly achieved at all points in the affected parts of the distribution system and plumbing.
2. If a free chlorine residual of at least 0.2 milligrams per litre cannot be quickly achieved at all points in the affected parts of the distribution system and plumbing, immediately take all reasonable steps to notify all users of water from the system to use an alternate source of drinking water or to bring water to a rapid rolling boil for at least one minute before use.
3. Take such other steps as are directed by the medical officer of health.
(2) Schedule 18 to the Regulation is amended by adding the following section:
Corrective action that requires report under s. 18 of the Act
18-14. If a report is required to be made under section 18 of the Act as a result of a drinking-water test that is a component of corrective action taken with respect to a parameter in accordance with this Schedule, it is not necessary to start the corrective action with respect to that parameter over again, but the owner of the drinking-water system and the operating authority for the system shall ensure that any remaining components of the corrective action are completed.