Green Ontario: Clean Water

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Clean Water for Ontario

Clean Water. It's our most precious resource, yet we take it for granted. Ontario is a province rich in lakes and rivers, but that doesn't mean we have a limitless supply. In Ontario approximately 8.9 million people receive their drinking water from municipal water works, 82% of the total population. The remaining population is serviced by individual wells or other private water sources. 66 per cent of the population serviced by municipal water receive drinking water from the Great Lakes basin. About 23 per cent of Ontario’s population relies on groundwater for drinking water. Groundwater is the only source of water for about 90 per cent of Ontario's rural population. Groundwater can be impaired by wastewater treatment infiltration basins, landfills, waste disposal into deep wells, spray irrigation, sludge use or disposal operations, septic tank systems and mine tailings — all of which are regulated through Certificates of Approval issued by the Ministry of the Environment. Once impaired, restoring groundwater is difficult and expensive. Jurisdiction Under the Constitution Act, provinces own water resources, which includes both surface and groundwater and are responsible for: flow regulation; authorization of water use development; and authority to legislate areas of water supply, pollution control, thermal and hydroelectric power development. Federal responsibilities are in areas that have the potential for significant national economic impact: navigation; and fisheries. There are approximately 627 municipal water works in Ontario 399 use ground water, 225 surface water and three combined surface and ground water sources. These water works are legislated under the Ontario Water Resources Act (OWRA), which the Ministry of the Environment (MOE) is responsible for administering. Each municipality is responsible for ensuring that water of adequate quality is delivered to the consumer. Private owners of water works falling under the OWRA are fully responsible for the Ontario Drinking Water Objectives (ODWOs). Sources Drinking Water in Ontario: A Summary Report 1993-1997, Ministry of the Environment Environment On Trial, Canadian Environmental Law Association			*INDEX*
			Walkerton Report Phase II report points the way! Scope water quantity drinking water quality water pollution Current Strategy an overview of the current goal, targets, and activities related to water quality. details on the current activities. What Else Could be Done? Individual Action Key Players and Links

Walkerton Inquiry Shows the Way for
a Clean Water Strategy

Justice Dennis O'Connor has released his Phase II report on the Walkerton tragedy. It can be downloaded in sections from the Walkerton Inquiry website. The first part of the Inquiry’s mandate focused on the events in Walkerton and the causes of the tragedy. The second part of the mandate was to make recommendations that would ensure the safety of drinking water across the province.

There are a total of 93 recommendations in the report. Here are the highlights:

Provincial Oversight	Adopt a government-wide drinking water policy and a Safe Drinking Water Act for Ontario, and Establish two specialized branches within the MOE. These branches would be responsible, respectively, for watershed planning and for overseeing water systems. Enforce drinking water regulations strictly and commit sufficient resources, financial and otherwise, to enable the MOE to play this role effectively.
Source Protection	Adopt a watershed-based planning process, led by the Ministry of the Environment (MOE) and by the conservation authorities (where appropriate), and involving local actors. Require large farms, and small farms in sensitive areas, to develop water protection plans that are consistent with the watershed-based source protection plans.
Special Cases: Small Water Suppliers and First Nations	Allow variances from regulatory standards only where the owner demonstrates that safety will not be compromised, and never for cost reasons alone. Give small systems that serve the public but that do not currently fall under regulatory standards – such as those at rural restaurants and campgrounds – the option either to comply with regulatory standards or to post a notice at every tap that the water is not potable. For First Nations water supplies, the Province should make available on request the services of the Ontario Clean Water Agency (OCWA), along with other technical assistance, as well as training.
Municipal Responsibility	Require municipalities would be required to have an accredited operating agency (either internal or external) and to have an approved operational plan for their water system. Require mandatory training for all water system operators, and grandparented operators to pass certification examinations within two years.
Standards and Technology	Continually update Ontario’s standards and technology according to the most recent knowledge and experience.

Operators of Water Distribution and Sewage Treatment Facilities in Ontario
(Numbers approximate -- March 1998)

Operator Water treatment facilities Sewage treatment facilities

Ontario Clean Water Agency 123 234

Municipalities 519 209

Private Companies 15 11

TOTAL 657 454

Scope

Ontario drinking water is under pressure from overdevelopment and pollution. At the same time, the capacity to provide clean drinking water and to monitor ambient and treated water quality has been hampered by reductions in funding and uncertainty in the roles and responsibilities of the key players.

Managing Ontario's water resources is a complex issue. It covers questions of sustainaibility and the carrying capacity of Ontario's groundwater resources, the need for controls over industrialization and sprawl, the cost of building and maintaining water and sewage treatment facilities, and our lifestyle as one of the worst water-wasting countries in the world.

At the same time, however, the issue is straight forward. If you want to guarantee clean water for Ontario, you need to do three things: protect the resource, keep it clean, and purify it for drinking purposes.

A "Clean Water Strategy" for Ontario should address all three aspects:

A) Water Quantity

overconsumption, through residential, industrial and commercial uses

reduced water retention, caused largely through urban sprawl or agricultural drainage

natural fluctuations in water levels and/or long-term changes in precipitation resulting from climate change

B) Water Pollution

sewage treatment infrastructure

combined storm sewer overflow

household and industrial hazardous waste (flushed into the sewer system)

septic tank systems

industrial pollution, including hazardous waste

agricultural runoff, including manure, pesticides and fertilizers

landfill leachate

mine tailings

salinization (through road salt and aquifer depletion)

C) Drinking Water Quality

providing and maintaining adequate water treatment facilities

setting and enforcing water quality standards

adequate testing and reporting

The Solutions
Groundwater is closely connected to many other issues, in particular rural economic development, natural areas protection and pollution prevention. For this reason, Ontario's clean water strategy needs to be closely linked to strategies for environmentally-sound development.

Protecting our water cannot be done in isolation from promoting sound development

The solutions to our current crisis, however, fit into five basic categories. Consistent with the Conservation Council’s hierarchy for an environmental strategy, it is preferable to look first at ways by which the problem can be prevented, then at the means for reducing its impact, and finally at management approaches.

Protecting our water cannot be done in isolation from promoting sound development. A clean water strategy needs to address the pressures of urban, rural, and industrial development. This can be done through:

better regional land use planning (including baseline data, zoning and development controls)

pollution prevention in rural industry, municipalities and agriculture

setting and enforcing standards for water and waste

water conservation (including industrial and municipal conservation, and allocation limits)

better water and sewage treatment infrastructure

remediation (reforestation and cleanup of contaminated sites)

monitoring and reporting

The Current Strategy

Basic Requirements
The Conservation Council believes there are two basic requirements in strategic planning: clarity and effectiveness. We define these terms as follows:

Clarity
Ontario’s strategy on major issues of concern should be readily apparent to all, either as a published document, or an information factsheet.

A clear strategy is one that can be readily understood by stakeholders and the public. It will generally contain:

a vision or goal
measurable targets or objectives as measurements of our progress towards achieving the goal
mechanisms for achieving the targets, including regulatory measures and enforcement
economic incentives and disincentives, including taxes and subsidies
voluntary measures, including stewardship, codes of practice
the provision of essential services
education and outreach
appropriate measures for consultation, monitoring and reporting of results, and public review.

Effectiveness
An effective strategy is one that sets and achieves meaningful targets. It should not be hampered by conflicting or offsetting activities in other areas.

Key Elements of Ontario’s Current Water Quality Strategy
Although Ontario does not have a formal strategy for protecting the quality and quantity of our water resources, it is possible to piece together the existing activities into a chart. This is not a complete list of activities, but it does cover the major legislation and initiatives with respect to water management in Ontario.

Ontario's Current Clean Water Strategy:
(a best estimate based on available information)

Published 
Strategy

Quantity
The Ministry of Natural Resources has prepared a paper called "Ontario Water Response 2000". It is not currently available on the internet.

Quality
There is no published strategy for clean water, however the Ministry of the Environment's Business Plan contains statements and commitments on water issues.

Goal

Quantity
The Ministry of Natural Resources' mission is to "manage our natural resources in an ecologically sustainable way by safeguarding Nature's capacity to renew itself." (MNR Business Plan 1999-2000)

Quality
"To ensure clean drinking water is available to all Ontarians." (MOE Business Plan 1999-2000)

Targets

Quantity
No targets related to water quantity are mentioned in the MNR Business Plan

Quality

Provision of good quality drinking water to all Ontario residents served by municipal water supplies (MoE Business Plan 1999-2000, p 10)
Measured improvements in the percentage of Ontario’s assessed surface waters where water quality is rated moderate to good. (ibid, p 10)
percentage of sport fish consumption restrictions in the Great Lakes reduced by 10% by the year 2010 (1995 base- 589 restrictions or 33.9% restricted) (ibid, p11)
Improvement of 72 water and sewage systems in partnership with 59 municipalities, to address human health and environmental concerns by the year 2001. (ibid, p 11)

Major Activities

(See below 
for details)

1. Water Resources

Resource Data

A $6 million groundwater monitoring agreement has been established by the provincial government. This is new money in the 2000/2001 budget and it will start with seven most vulnerable areas and expand to 24 within the year (no internet details are available). The program will:
- support drought management program
- support permit to take water program
- provide a database for land-use planning (including water recharge areas)

Watershed Planning

Municipal Plans can control development on water recharge areas.
- The Planning Act policy statement says that The quality and quantity of ground water and surface water and the function of sensitive ground water recharge/discharge areas, aquifers and headwaters will be protected or enhanced.
- the Planning Act does not legislate adherence to the Policy Statement, and consequently developers can appeal decisions to the Ontario Municipal Board
Watersheds Plans can be developed by Conservation Authorities to protect essential ecological processes within a watershed. These plans require the cooperation of local municipalities through their planning process.

Managing Water Use

Permits to Take Water (PTTW) are required for operations that will extract more than 50,000 litres per day (regulated through the Ontario Water Resources Act). Applicants are required to submit hydrogeological data, however there is little control over the total amount of withdrawals relative to the ability of the aquifer to renew itself. The Ministry of the Environment has established a Review process for permits to take water (January 2000)
water conservation measures are recommended in particular for all municipalities, industries and individuals on groundwater wells. There are only a few significant conservation programs in place.
- the Green Communities Association offers water and energy conservation programs in most municipalities
- Conservation Authorities and municipalities promote public water conservation with education and incentive programs.

2. Water Pollution

Standards

overall responsibility for pollution prevention in Ontario rests with the Ministry of the Environment, however the responsibility for action is shared with several ministries and with other levels of government
- Ministry of Environment
- Ministry of Consumer and Commercial Relations (storage tanks)
- Ministry of Agriculture Food and Rural Affairs (farm runoff)
- Ministry of Transportation (road runoff)
- Federal Department of the Environment (Great Lakes water quality)
- municipalities (sewer use, pesticides and road runoff)
the Environmental Protection Act controls the discharge of pollutants to the natural environment.
- Certificates of Approval (C of A) set the pollution limits for individual operations
- Municipal Industrial Standards for Abatement (MISA) sets standards for industrial sectors
policies and guidelines for water management are published in "Water Management - Policies, Guidelines, Provincial Water Quality Objectives of the Ministry of the Environment"
Industry sectors are encouraged to produce pollution prevention strategies and environmental management systems to reduce pollution. These strategies are voluntary, except where they are used to achieve regulated standards (see below).

Industrial Pollution

The Municipal Industrial Strategy for Abatement (MISA) under the Environmental Protection Act sets emissions limits for major industrial sectors:
- organic chemical
- inorganic chemicals
- iron and steel
- electric power generation
- metal castings
- pulp and paper
- metal mining
- industrial minerals

Municipal Sewage

Construction of new water works or alterations to existing works may proceed only after a Certificate of Approval under Section 52 of the OWRA has been issued by the MOE.
The Model Sewer Use By-Law is intended to serve as a model for use by municipalities. It contains standards for hazardous wastes and persistent organic pollutants.
- a more progressive version is the Sewer Use By-Law that is being adopted by the City of Toronto, which includes a requirement for pollution prevention planning by major industries.

Agricultural Runoff
source: OMAFRA factsheet "About Nutrient Management and Water Quality"

The Environmental Protection Act and the Water Resources Act can be
used to prosecute farming operations that have contaminated a water source. The spreading of manure is a long-standing exemption from the EPA requirements for a Certificate of Approval, however polluters can still be prosecuted.
Municipalities have created by-laws that govern the storage and application of livestock/poultry manure. These by-laws tend to address the following requirements: a) Minimum Distance Separation (MDS) between the livestock facility or manure storage and other land uses; b) Proper manure storage capacity e.g. 240 days; c) A third party-reviewed Nutrient Management Plan.
The Normal Farm Practices Protection Board created under the Farming and Food Production Protection Act (FFPPA), defines normal farm practices, including manure storage, handling and spreading, but does not supersede other environmental legislation. The Environmental Protection Act (EPA), Water Resources Act (WRA) and Pesticides Act (PA) take precedence.
The Ontario Farm Environmental Coalition has developed a Nutrient Management Planning Strategy that "provides a science-based, nutrient management planning process for both the agricultural community and municipal sectors to use in setting and implementing standards that will allow the province’s farming sector to continue to grow and prosper with minimal environmental and societal impacts."

Mining

Under the Mining Act, the Ministry of Northern Development and Mines is responsible for approving the design, operation, tailings disposal and waste disposal associated with all mining operations.
The requirement to post a financial security at the beginning of the operation to provide for clean-up and mine closure costs has recently been replaced with a "corporate financial test" based on a company's credit rating.
The Environmental Protection Act and the Ontario Water Resources Act both allow for controls to be placed on mining operations, and the OWRA allows for Certificates of Approval to set limits on the discharge of pollutants to waterways.
MISA Metal Mining Regulations regulate that allow effluent from mining operations. They do not cover leachate from tailings or from closed or abandoned mines.

Landfills

Landfill sites are approved through a Certificate of Approval under the Environmental Protection Act.
Regulation 347 under the EPA covers the requirements for guidelines for the design and management of waste disposal sites.

Clean-up and Restoration of Degraded Areas

Remedial Action Plans cover 17 areas of concern in the Great Lakes region. Financial support for restoration activities are identified in the Canada Ontario Agreement Respecting the Great Lakes (COA).
Clean-up and restoration of other degraded areas is done on a case by case basis. The Ministry of the Environment has published a manual of guidelines for the cleanup of contaminated sites. It is available in PDF format on the Ministry's website.
abandoned mine sites and landfills represent a large percentage of the problem.

3. Drinking Water Quality

Water Quality Standards

federal drinking water guidelines are set through the Department of Health. The guidelines, prepared by the Federal-Provincial Subcommittee on Drinking Water, identify substances that have been found in drinking water and are known, or suspected to be harmful. For each substance, the Guidelines establish the Maximum Acceptable Concentration of the substance that can be permitted in water used for drinking. The Guidelines also define a number of desirable aesthetic attributes of drinking water - qualities that give it a pleasing appearance, taste and odour. To date, guidelines have been established for microbiological, radiological and more than 85 physical chemical parameters.
provincial drinking water quality objectives are set through the Ministry of the Environment, based on the federal guidelines. They are enforceable through Certificates of Approval under the Ontario Water Resources Act. For details on the current objectives, see DRINKING WATER IN ONTARIO: A Summary Report 1993–1997. See the Ministry publications page for ordering a hard copy, or downloaded download for free in PDF format
- standards are set for over 80 contaminants including 73 chemicals and physical characteristics, 4 microbiological substances (including E coli), and 5 radiological elements

water treatment infrastructure

legislative responsibility building and maintaining water treatment plants rests with the Ministry of the Environment under the Ontario Water Resources Act
Bill 107, The Water and Sewage Services Improvement Act, initiated the transfer of water and sewage treatment facilities to municipalities and enables the sale of these facilities to the private sector
$200 million was provided under the Provincial Water Protection Fund for construction projects
The Ontario Clean Water Agency (OCWA) is responsible for the operation of over one-third of Ontario's water treatment facilities
OCWA, a Crown Agency, has been referred to the Office of Privatization for consideration as a candidate for privatization.

Testing and Reporting

The Ministry of the Environment has posted a notice on the Environmental Registry to the effect that a new regulation with respect to testing of drinking water is under development. This regulation will include the following 4 mandatory requirements:
- All laboratories or water treatment plant testing facilities which perform tests on drinking water must be accredited. This accreditation will include certification for all tests performed in fulfilling the requirements of the Ontario Drinking Water Objectives.
- Municipalities must inform the Ministry of the Environment if they change the private laboratory facility which is testing their water. This requirement will allow the Ministry of the Environment to ensure that the new laboratory is fully aware of its role and obligations.
- All water treatment facilities must have their Certificates of Approval reviewed at least once every three years.
- If any laboratory finds that a test result indicates unsafe drinking water quality, it must immediately inform the Ministry of the Environment and the Medical Officer of Health, as well as the municipal water facility operator. This requirement will remove any possible misunderstanding about notification procedures and reporting obligations.

Monitoring and 
Reporting

Quantity

A $6 million groundwater monitoring agreement has been established. This is new money in the 2000/2001 budget and it will start with seven most vulnerable areas (including Credit River) within two months and expand to 24 within the year (no internet details are available). The program will:
- support drought management program
- support permit to take water program
- provide a database for land-use planning (including water recharge areas)

Quality
In addition to the testing requirements for individual water and sewer facilities, the Ministry of the Environment conducts an ongoing water quality monitoring program.

The Ontario Drinking Water Surveillance Program began in 1986 at 22 water works. By the end of 1997, 145 municipal water works were being monitored (Appendix II). This represents 88% of the population served by municipal water. Water works are prioritized for inclusion into the DWSP based on population exposure, geographical location, risk of contamination and availability of analytical services. New water works are added to the DWSP on an ongoing basis (as of March 1999, 159 were being monitored).
Drinking Water in Ontario: a Ministry of the Environment report, published in year 2000, summarizing water quality monitoring between 1993 and 1997. See the Ministry publications page for ordering a hard copy, or downloaded download for free in PDF format.
Also available are the executive summaries of the Drinking Water Surveillance Reports for 1996 and 1997. A comprehensive database on drinking water quality is maintained to: report an alert when an Ontario drinking water objective is exceeded; provide definitions of contaminant levels; supply trends in contaminant levels to support the setting of standards; provide a background for remedial action; and assess treatment efficiency of plant processes.

Public
Consultation
and Review

The Advisory Committee on Environmental Standards (ACES) was disbanded in 1995. ACES reviewed ministry standards, including those related to water quality.
Currently, new standards and regulations are posted on the Environmental Registry for comment.

Comments

Strategy: At best, Ontario's water strategy is "under development". Eight ministries are cooperating on the development of a coordinated response to water quantity and quality issues, but no details are available as yet.
Goals and Targets: the goal is correct, the targets are obscure and need strengthening.
Activities: the list of activities needs to be reviewed and strengthened in light of recent concerns over drinking water quality.
Monitoring and Reporting: some good initiatives in this area, but with room for improvement
Consultation: there are no ongoing opportunities for stakeholder or public review of Ontario's commitment to maintain a clean and plentiful water supply.

The transfer of water treatment facilities to municipal control is listed in the Ministry Business plan as a positive measure. There is little evidence to support any environmental benefit from this transfer from provincial to municipal management. In particular, the financial and technical capacity of municipalities to maintain these facilities needs to be addressed.

What Else Could Be Done?

Based on the above analysis of Ontario's commitment to clean water and our understanding of the threats to our water supply, the following recommendations are offered as a starting point for strengthening Ontario's ability to ensure the future quality and quantity of drinking water.

Develop a formal Clean Water Strategy for Ontario

A Clean Water Strategy should address the connections between regional growth, industrial development, and the need to protect water quantity and quality.

Introduce a Safe Drinking Water Act

A Safe Drinking Water Act would enshrine key aspects of a strategy as legislated requirements, including:
- drinking water quality standards
- reporting requirements
- infrastructure funding

Strengthen the definition and practice of "normal farming practices"

Normal farming practices should be defined to include pollution prevention and resource conservation as mandatory requirements. In particular, the nutrient management plans for large-scale intensive feedlot operations need to be strengthened in order to ensure that there is no leakage of manure into streams and aquifers.

Restore the Provincial role in research, water infrastructure, water testing and enforcement of the water quality objectives

Identify the necessary financial and human resources at a provincial level to ensure that Ontario's water quality objective are met.

Individual Action

Get into water!

Conserve
Water

Water conservation reduces the strain on our water and sewage treatment plants.

Disconnect your downspout and use rainwater for watering your garden. (in Toronto, there is a city run Downspout Disconnection program)
Use water and energy efficient appliances. The federal Energuide includes information on water efficient washing machines
For more ideas on water conservation, check the following factsheets:

Get involved

Make your views known. Check the list of organizations below for ways to get involved in the debate

Key Players

Provincial Government	Ministry of the Environment: The Ministry has a Water Section on its web sites with links to various factsheets and press releases. The Walkerton Inquiry is currently holding hearings into the causes of the E.Coli contamination of the Walkerton water supply. The web site provides information on the commission's mandate, schedule, and links to related sites.
Agencies	Ontario Clean Waters Agency: OCWA is a provincial Crown corporation with a mandate to provide reliable water and wastewater services to Ontario municipalities on a cost-recovery basis. It is the largest operator of water and wastewater facilities in Canada.
Federal Government	Environment Canada: Environment Canada's Green Lane has several sections on water http://www.ec.gc.ca/water_e.html, a list of reports, factsheets and press releases within the government site. http://www.ec.gc.ca/envpriorities/cleanwater_e.htm, an overview of water pollution http://www.ec.gc.ca/water/index.htm, the Ministry's "Freshwater website, with sections on legislation, federal/provincial cooperation and the federal water policy (1987). Health Canada: Health Canada has a section on drinking water quality
Environmental Organizations	H2infO - The Water Information Network aims to improve municipal water quality, quantity and flow by fostering and supporting community-based programs and increasing civic participation in national, provincial and local efforts to control municipal non-point sources of water pollution. The H2infO web site includes news, events, links, resources, action alerts, campaign overviews and commentary on municipal water issues. Canadian Institute for Environmental Law and Policy: CIELAP has documented the impacts of provincial cuts on the environment, and also coordinated the Environmental Agenda Project, which includes a paper on water. Canadian Environmental Law Association: CELA has information on water quality and on water diversions. Riversides: RiverSides Stewardship Alliance acts to facilitate behavioural changes in residents, institutions and businesses throughout Ontario for the protection of water quality. Toronto Environmental Alliance (TEA): TEA's focus is on water quality, storm water and waste water issues in Toronto. Specific issues include water efficiency, combined sewer overflows and privatization of water facilities.
Professional Associations	Water Environment Association of Ontario (WEAO): WEAO is an organization of technical and professional individuals dedicated to the preservation and enhancement of Ontario's water environment. Canadian Water Resources Association (CWRA): The Canadian Water Resources Association is a national organization of individuals and organizations interested in the management of Canada's water resources. The current membership of the Association is composed of private and public sector water resource professionals including managers, administrators, scientists, academics, students and users. It has branch organizations in eight provinces and members throughout Canada and beyond. The branches have a more regional focus, which allows the Association to provide direct services and activities to members. The Ontario Branch was formed in 1970
Labour	Ontario Public Employees Union (OPSEU): representing more than 100,000 people in the Ontario public service.

Operators of Water Distribution and Sewage Treatment Facilities in Ontario (Numbers approximate -- March 1998)
Operator	Water treatment facilities	Sewage treatment facilities
Ontario Clean Water Agency	123	234
Municipalities	519	209
Private Companies	15	11
TOTAL	657	454


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