NOTICE OF PROPOSAL FOR POLICY

© Queen's Printer for Ontario, 2006

November 7, 2006: This notice was originally published on October 30, 2006. It has been republished to include the French version of the notice. The balance of this notice has not been altered.

Proposal Title:

Director’s Direction for Operational Plan Submission

Short Description:

THE MUNICIPAL DRINKING WATER LICENCE PROGRAM

The development and implementation of the Municipal Drinking Water Licence Program is based on 14 recommendations from Justice O’Connor’s Part II Walkerton Report. Justice O’Connor recommended that the Ministry require all Owners of municipal drinking-water systems to obtain a licence to operate their systems. Justice O’Connor also recommended that the Owners and Operating Authorities of these systems implement a quality management approach to operations and management.

The Ministry is developing the Municipal Drinking Water Licence Program, which, when fully implemented, will replace the existing Certificates of Approval process. In order to obtain a Licence, the Owner of a municipal residential drinking-water system must have the following elements in place:
• A Permit to Take Water;
• An approved Financial Plan (if required);
• A Drinking Water Works Permit;
• An Operational Plan; and
• An Accredited Operating Authority.

Owners and Operating Authorities will be required to develop a quality management system (QMS) based on the requirements of the Drinking Water Quality Management Standard (DWQMS). The Operational Plan will document the QMS and must be accepted by the Ministry. Requirements for the submission of Operational Plans are described in the Director’s Direction. The Drinking Water Quality Management Standard Guidance Document provides additional information about the content requirements for Operational Plans. The date by which an Owner must submit an Operational Plan to the Ministry is outlined in the Prescribed Dates Regulation.

In order to become accredited, an Operating Authority must establish and maintain a QMS that meets the requirements of the DWQMS. Operating Authorities will be accredited by a third-party Accreditation Body.

The requirements for Drinking Water Works Permits, which will replace the current Certificate of Approval, and Financial Plans will be outlined in future Environmental Bill of Rights (EBR) postings. The Permit to Take Water Program is already in place.

Sections of the Safe Drinking Water Act, 2002 related to Licensing have not yet been proclaimed. It is anticipated that proclamation will take place in the middle of 2007.

This posting deals with the proposed Director’s Direction for Operational Plan Submission.

DIRECTOR'S DIRECTION FOR OPERATIONAL PLAN SUBMISSION

The Director’s Direction includes requirements for submission of Operational Plans, document and record retention, public disclosure of plans and future Operational Plans.

The Director’s Direction also outlines three options defining the content of the first Operational Plan submission. Owners and Operating Authorities are given the choice of selecting one of these three options:

Option 1: Accreditation (Limited Scope) – 11 key sections of the DWQMS will be planned and implemented.

Option 2: Accreditation (Limited Scope) - Operational Plan will document only the plan requirements of the entire DWQMS.

Option 3: Accreditation (Full Scope) – All sections of the DWQMS will be planned and implemented.

Each system Owner must identify which option it wishes to pursue for each drinking-water system, and provide this information to the Ministry within six months of the effective date of the Director’s Direction.

The date by which the Operational Plan is to be submitted to the Ministry is outlined in the proposed Prescribed Dates Regulation, which is included in a separate EBR Regulation Proposal (see link below).

A copy of the Drinking Water Quality Management Standard is included as part of an EBR Policy Decision (see link below).

The scope of work and definitions for the documentation review, systems audit and on-site verification audit are outlined in the proposed Accreditation Protocol for Operating Authorities, which is included in an EBR Policy Proposal (see link below).

If either Option 1 or 2, which relate to partial implementation of the DWQMS, is selected, then the Owner and Operating Authority will be issued a Certificate of Accreditation (Limited Scope). They will be required to submit a final Operational Plan within 12 months of receipt of this Certificate. This final Operational Plan will then be reviewed and audited against the entire DWQMS, resulting in the issuance of a final Certificate of Accreditation (Full Scope).

A copy of the draft Director’s Direction for Operational Plan Submission is available through the link below.

Purpose of the Proposal:

The Ontario Ministry of the Environment is proposing a Director’s Direction which outlines the requirements for submission of Operational Plans related to the DWQMS. The Operational Plan is a key element for the new upcoming approvals program for municipal residential drinking-water systems - the Municipal Drinking Water Licence Program. The requirement for a Director’s Direction for Operational Plan Submission is outlined in s. 15 of the Safe Drinking Water Act, 2002.

This notice should be reviewed with the EBR Regulation Proposal posting for the Prescribed Dates Regulation, the EBR Policy Decision for the Drinking Water Quality Management Standard, and the EBR Policy Proposals for the Accreditation Protocol for Operating Authorities and Drinking Water Quality Management Standard Guidance Material (see links below).

Other Public Consultation:

The Ministry has also consulted extensively with various stakeholder groups such as the Ontario Water Works Association (OWWA), the Ontario Municipal Water Association (OMWA), the Association of Municipalities of Ontario (AMO), the Association for Municipal Managers, Clerks and Treasures of Ontario (AMCTO), the Ontario Municipal Administrators’ Association (OMAA), and the Municipal Engineers Association (MEA). Ministry staff have presented options for the implementation of the Licence Program across all municipal residential drinking-water systems and comments from these consultations have been incorporated into the proposed Director’s Direction for Operational Plan Submission.

The Ministry is also working closely with a group of municipal stakeholders, the Licensing Working Group. The mandate of this working group is to provide feedback and advice to staff during the development of the various Licensing components. This working group includes representatives from the communities of Dryden, Machin, Sudbury, North Middlesex, Toronto, Durham, London, Waterloo, Napanee and Peterborough.

Comments should be directed to the following Contact Person:

Indra Prashad, Licensing Manager
Safe Drinking Water Branch
2 St Clair Ave W, 19th floor
Toronto, Ontario, M4V 1L5
PHONE: (416) 314-6437  FAX: (416) 314-1037

Additional material in support of this notice is available by clicking the following hyperlink(s):

http://www.ene.gov.on.ca/envision/env_reg/er/documents/2006/Draft Director's Direction - October 2006.pdf
http://www.ene.gov.on.ca/envision/env_reg/er/documents/2006/Drinking Water Quality Management Standard - October 2006.pdf
http://www.ene.gov.on.ca/envision/env_reg/er/documents/2006/Draft Guidance Document for Implementation of the DWQMS - October 2006.pdf
http://www.ene.gov.on.ca/envision/env_reg/er/documents/2006/Draft Accreditation Protocol - October 2006.pdf
http://www.ene.gov.on.ca/envision/env_reg/er/documents/2006/Draft Prescribed Dates Regulation - October 2006.pdf
http://www.ene.gov.on.ca/envision/env_reg/er/documents/2006/Licensing Backgrounder - October 2006.pdf

1. are submitted in writing;
2. reference the EBR Registry number; and
3. are received by the Contact person within the specified comment period.

Please Note: No acknowledgment or individual response will be provided to those who comment. All comments and submissions received will become part of the public record.