Legislative and Regulatory Updates September 16, 2015 Saskatchewan - - PowerPoint PPT Presentation
Drinking Water and Wastewater Legislative and Regulatory Updates September 16, 2015 Saskatchewan Water and Wastewater Association Sam Ferris Executive Director Environmental and Municipal Management Services Division Water Security Agency
Sam Ferris Executive Director Environmental and Municipal Management Services Division Water Security Agency
Where are we headed.
Management and Protection Act – 2010
and Sewage Works Regulations
(EMPA 2010) and The Waterworks and Sewage Works Regulations (WSWR) serves as the ongoing evolution of environmental and water related legislation in Saskatchewan.
the waterborne disease outbreak affecting Walkerton, ON and North Battleford, SK of 2000 and 2001 and have served well to initially address the need for improved drinking water and wastewater management in Saskatchewan.
Operator Certification: Created under The Water Pollution Control and Waterworks Regulations.
Operator Certification: Created under The Water Pollution Control and Waterworks Regulations.
Table 3: Per cent of communities with human consumptive waterworks whose operators have received some level of certification
Sept 30, 2004 Mar 31, 2006 Mar 31, 2007 Mar 31, 2008 Mar 31, 2009 Mar 31, 2010 Mar 31, 2011 Mar 31, 2012 Mar 31, 2013 Mar 31, 2014 Mar 31, 2015 Annual Change (2014-15) Per cent of communities with human consumptive waterworks whose
received some level of certification 54.3 96.8 98.9 99.2 99.2 98.9 98.3 99.6 99.4 99.8 99.8 0%
Bacteriological Standards Compliance:
Disinfection Standards Compliance:
Health and Toxicity Compliance:
Table 5: Health and toxicity sample submission and parameter result compliance 2015-13 to 2011-12 fiscal years*
Fiscal Year Health and Toxicity Sample Submission Compliance Rate (Percentage) Parameter Standards Compliance Rate (Percentage) 2014-15 86.88 92.20 2013-14 84.27** 92.14 2012-13 71.65 90.93 2011-12 70.90 91.14
Works not meeting minimum treatment requirements:
Waterworks inspection findings:
Table 7: Waterworks inspection finding summary (2014-15)
Inspection Element Non- Compliant N/A or No Response* Compliant Disinfection continuous at plant 34 20 906 Disinfection Free chlorine > or = 0.1 mg/L leaving the plant 129 200 631 Monitoring daily chlorine 68 26 866 Reservoirs in good repair 29 121 810 Water treatment plant in clean and orderly condition 35 54 871 A total chlorine residual not <0.5 mg/l or a free chlorine residual not <0.1 mg/l in the distribution system 122 45 793 Bacteriological testing after completion, alteration, extension or repair 11 80 869 Reporting of chlorine upsets 70 80 810 Record keeping 9 12 939
Waterworks PDWA and EBWO:
As of Sept 11, 2015:
Table 8: EBWO/PDWA Statistics for 2014-15 – Water Security Agency Regulated Waterworks Time EBWO PDWA
In effect prior to reporting period 2 63 Added during the reporting period 5 576 In effect at end of reporting period 2 61
Facultative Lagoon Inspection Findings:
Table 14: Facultative lagoon wastewater works inspection finding summary (2014-15)
Inspection Element Non- Compliant N/A* or No Response Compliant Two basins in series 34 25 514 Immediate reporting of upset/bypass condition 14 144* 415 Maintenance work & failure of treatment components 48 31 494 Dates of discharge of sewage and volumes of discharge 44 201* 328 Locations from which samples are taken 23 183* 367 Results of any tests 15 175* 383 Approved system 9 4 ** 560 Certified operator 59 57 457 Maintained in appropriate manner 103 28 442 Sampling done as required 43 167* 363
Mechanical wastewater works inspection findings:
Table 15: Mechanical wastewater works inspection finding summary (2014-15)
Inspection Element Non- Compliant N/A* or No Response Compliant No interconnection between sanitary sewer and storm sewer 5 1 12 Pumping stations must have mechanically forced air ventilation 2 1 15 Effluent quality demonstrated to meet permit requirements for BOD5 2 2 14 Effluent quality demonstrated to meet permit requirements for TSS 7 2 9 Immediate reporting of upset/bypass condition 1 17 Disinfection performed as per permit 1 5 12 Immediate reporting of failure of disinfection equipment 7 11 Locations from which samples are taken 18 Results of any tests 2 16 Approved system 1 17 Certified operator 18 Reporting of exceedance 1 3 14 On-site testing completed as required 3 1 14 Sampling done as required 4 1 13
reporting, discharges/discovery, corrective action plans, contaminated site transfer, drinking water, wastewater, aquatic habitat protection, aquatic nuisance control, solid waste, beverage containers, recycling , air quality, industrial waste management and orphan env impacted sites fund, and aspects and associated authorities and responsibilities into a single legislative instrument.
replaced by code, some by formally adopted “standards”.
Orders, Admin Penalties, SOPA Penalties, Orders from convicting courts.
related NEW REGULATIONS include:
Regulations
various on site discharge exemptions, designation of industrial/commercial facilities requiring permits, beverage containers, industrial air quality aspects, Env impacts sites, Admin penalties.
(Saskatchewan Environmental Code Adoption) Regulations
chapters: Water Main and Sewer Main Code chapters.
continued regulations include:
administered by WSA – remains unchanged.
Regulations
Electronic Equipment, Used Petroleum and Antifreeze, Household Packaging and Paper Stewardship
discharges, contaminated sites, drinking water, wastewater, aquatic habitat protection, aquatic nuisance control, industrial effluent management and halocarbon management aspects and associated authorities and responsibilities into a single legislative instrument.
Environmental Assessment remained separate.
and control type approach reliant on permits and authorizations.
Orders, Enjoining Orders, Admin Penalties, (SOPA Penalties) – useful and employed in DW and WW management in Saskatchewan.
discharges, environmental restoration, aquatic habitat protection, aquatic nuisance control, industrial effluent management and associated authorities and responsibilities.
limited direct application to waterworks and sewage works.
permits or may add conditions).
Department Immediate Action, Order Respecting Water and Sewage Works (similar to WWPO & SWPO).
plants and operation of distribution & collection systems.
those works.
grants, stop work orders, committees and councils.
Conservation, Water Resources Management, Water Rights, Water Power
water management, reservoir land use, waterworks, sewage works and pollution control
testing and records
protection, aquatic nuisance control, OCB, operator certification, admin penalties.
later amendments requiring operator certification.
records
for drinking water and wastewater systems as follows under EMPA 2010 and WSWR :
under The Health Hazard Regulations.
Authorities, Changes and Implications – EMPA 2010
associated with various Environmental Code Chapters which are in part relianct on QP’s – as prescribed in the code or as designated by the Minister.
in part created or revised. Revisions to the codes is an involved and potentially time consuming process.
discharges authorized by the Code or an Environmental Protection Plan and therefore captures discharges in relation the construction of water and sewer mains in cities. Most sewage works operational permits contain reference to S8 or S4 (EMPA 2002) and prohibit release of substances that may or is causing an adverse effect. Trip point for unauthorized discharges or bypasses.
Authorities, Changes and Implications – EMPA 2010
discharge from a water or sewer main constructed pursuant to the code that may or is causing and adverse effect needs to be reported. Report to EPO
contaminated sites, as may occur in relation to construction projects – formerly part of The Environmental Spill Control Regs.
reduce the risk in relation to the discovery/spill and take measures as needed to protect health, life, property and the environment.
Authorities, Changes and Implications – EMPA 2010
Underlying rationale includes high risk activities which may impact human health or environment. May also involve the assessment of new technology. Incorporates s. 21 & 35 of EMPA, 2002.
a system serving fewer than 5,000 people
5,000 people it effectively enables operation of the water and sewer main codes.
permit, financial assurances, environmental protection plans and notice of an
Authorities, Changes and Implications – EMPA 2010
Underlying rationale includes high risk activities which may impact human health or environment. May also involve the assessment of new technology. Incorporates s. 21 & 35 of EMPA, 2002.
have a permit, even if covered by code chapters.
will otherwise comply, provide the same or better level of protection, and in the public interest to do so. Waiver not applicable to S.24 regulated works.
dealing with any submitted environmental protection plan.
impose terms and conditions on an EPP, provide a 30 day period for written representations if additional conditions imposed or if plan is refused. Require s LG in C approval for decision. Accepted automatically after 45 days.
Authorities, Changes and Implications – EMPA 2010
environmental protection plans and status of qualified persons
This is a continuation of an authority the Minister has in the existing Act (S.34(2)(4)and 60 of EMPA, 2002). Modified to meet the new provisions of the Act. Added 28(1)(c) to include EPP.
such as contraventions of a permit or accepted EPP, clerical errors, false or misleading statement, changes made without required approval, or in public interest.
environmental protection plan or upon rejection of an EPP by the Minister.
Authorities, Changes and Implications – EMPA 2010
qualified persons to provide accurate documentation. Wording change for clarification, added requirement for complying with acceptable professional standards.
for consumptive purposes.
works – now covered by S. 24 and Table 1.
Authorities, Changes and Implications – EMPA 2010
the 2007 amendments which created this revised section, otherwise no substantial changes.
these cross property of others.
are being developed which will include collection systems used to move sewage from the point of collection to the sewage treatment works and will cross other landowners property.
and sewage works
Authorities, Changes and Implications – EMPA 2010
s.34(3),(4),(5),(6),(7),(8) EMPA 2002.
Currently the ministry provides written notice as matter of common law but was not required to in EMPA, 2002.
unsafe for consumption, fail to meet permit requirements for compliance with DW Quality standards, fail to meet permit operational requirements, fail to comply with an order
boundary from 36(1) of EMPA, 2002.
Authorities, Changes and Implications – EMPA 2010
is more than one person responsible.
Authorities, Changes and Implications – EMPA 2010
pursuant to the Act to conduct a compliance audit to ensure compliance with the Act, regulations, code or environmental protection plans. These audits will be done by a third party. MoE may also carry out compliance audits
government organizations or any other person with respect to the stated
accrued to the offender.
Requirements, Changes and Implications – WSWR
Major Changes
Aquatic Nuisance Control all moved to other regulations.
regulations.
management requirements.
associated timelines.
people – now to Code.
Requirements, Changes and Implications – WSWR
consumptive use. Improved clarity of intent.
for treatment or storage of sewage.
facility the processes of which are controlled primarily by mechanical means, but does not include facilities employing only non-aerated lagoons.
facility and now includes those caught under S 24, 25 and 26 of EMPA.
partnership or other organization, a municipality, a Crown corporation or an agency of the Crown;
Requirements, Changes and Implications – WSWR
(i) employed to collect and treat sewage with properties equivalent or similar to sewage from municipal sources; (ii) employed to collect and treat sewage from a communal collection system that serves one or more of the following: (A) permanent or seasonal residences; (B) acreages or farmsteads; (C) trailer courts; (D) commercial or industrial buildings, or any other similar facility not directly served by a municipal sewage works; and (iii) with a design flow exceeding 18 cubic metres in any 24-hour period;
Now industrial waste works to include all forms of waste
sewage works.
Requirements, Changes and Implications – WSWR
definition of surface water treatment plants includes water plants that treat source water derived from groundwater under the direct influence of surface water.
be a “person”.
person and added reference to a permittee whose permit has been suspended or cancelled or whose permit expired.
Requirements, Changes and Implications – WSWR
Part II Sewage Works
(i) any of the following activities pursuant to section 24 of the Act: (A) operation of a sewage works; (B) construction of a sewage treatment works; (C) construction of a sewage collection works for a system serving fewer than 5,000 people; (ii) an activity in relation to a sewage works for which a permit is required pursuant to section 25 of the Act; or (iii) an activity in relation to a sewage works for which a permit is required pursuant to S. 26 of the Act.
Guidelines for Sewage Works Design, EPB 203, but revised and updated.
the Regulations, however requirements remain mandatory.
Gazette postings.
Requirements, Changes and Implications – WSWR
(a) all municipal sewage works; (b) all regional sewage works; (c) all sewage works, other than those mentioned in clause (a) or (b):
sewage from municipal sources.
defined what was generally not regulated.
requirements, inform employees, agents of permittee of the permit and its requirements, and design any new, upgraded, altered or extended sewage works in accordance with the sewage works design standard.
Requirements, Changes and Implications – WSWR
sewers – unchanged from Water Regulations, 2002.
(a) the outside edge of a liquid surface in a facultative lagoon or a mechanical treatment facility; and (b) the closest corner or side of the nearest single isolated residence, built- up residential area, institutional area or commercial area.
mechanical treatment facilities constructed after the coming into force of these regulations are designed, sited and constructed to have a buffer zone that meets the requirements set out in Table 1.
Table 1: Facultative Lagoon and Mechanical Treatment Facility Buffer Zones
Facultative Lagoon Buffer Zone (Metres) Mechanical Sewage Works Buffer Zone (Metres) Single Isolated Residence 300 300(1) Built-up Residential Area 550(1) 300(1) Institutional 550(1) 300(1) Commercial (with no built-up residential area) 300 300(1)
Requirements, Changes and Implications – WSWR
concerns and complaints associated with odours from lagoons.
permittee and under specified conditions.
– 347 M buffer.
to sewage works.
Requirements, Changes and Implications – WSWR
Requirements
facilities in a sewage works include: (a) a secondary treatment process that produces effluent with no more than: (i) 30 milligrams per litre of BOD5; (ii) 25 milligrams per litre of CBOD5; and (iii) 30 milligrams per litre of total suspended solids; or (b) facultative lagoons designed, constructed and operated in accordance with section 12. – a min of 2 basins in series and designed/constructed in accordance with requirements set out in Table 2.
Requirements, Changes and Implications – WSWR
Discharge to Water Frequented by Fish
per litre, expressed as nitrogen at 15 degrees centigrade, plus or minus one degree centigrade; and
permit, within the timelines laid out in the permittee’s permit.
influent
timelines via permits.
Requirements, Changes and Implications – WSWR
for achievement of MWWE standards in the future.
that all facultative lagoons:
set out in Table 2.
Type of lagoon and discharge method Primary Basin Loading Design Combined design storage capacity in all basins other than primary basins Compliance Date Type 1: Existing facultative lagoon that discharges or will discharge via effluent irrigation. Primary basin surface area sufficient to ensure a CBOD5
kilograms/hectare/day and a BOD5 of not greater than 30 kilograms/hectare/day Design storage for 240 days of average day sewage input for the population served. November 1, 2025 Type 2: Expanded, upgraded or new facultative lagoon that discharges or will discharge via effluent irrigation. Primary basin surface area sufficient to ensure a CBOD5
kilograms/hectare/day and a BOD5 of not greater than 30 kilograms/hectare/day Design storage for 240 days of projected average day sewage input to the population to be served over a projected minimum 20-year design life. Date on which expansion, upgrade or new lagoon is commissioned.
Cont’d.
Type of lagoon and discharge method Primary Basin Loading Design Combined design storage capacity in all basins other than primary basins Compliance Date Type 3: Expanded, upgraded or new facultative lagoon
Primary basin surface area sufficient to ensure a CBOD5
kilograms/hectare/day and a BOD5 of not greater than 30 kilograms/hectare/day Design storage for 220 days of projected average day sewage input to the population to be served over a projected minimum 20-year design life. Date on which expansion, upgrade or new lagoon is commissioned. Type 4: Existing facultative lagoon
Primary basin surface area sufficient to ensure a BOD5 of not greater than 30 kilograms/hectare/day Design storage for 180 days of average day sewage input for the population served. December 5, 2002
Requirements, Changes and Implications – WSWR
works as these will be managed through the Saskatchewan Environmental Code or the EMPA General Regulations or directly via permits.
Requirements, Changes and Implications – WSWR
Part III - Waterworks
(i) any of the following activities pursuant to section 24 of the Act: (A) operation of a waterworks; (B) construction of a water treatment works; (C) construction of a water distribution works for a system serving fewer than 5,000 people; (ii) an activity in relation to a waterworks for which a permit is required pursuant to section 25 of the Act; or (iii) an activity in relation to a waterworks for which a permit is required pursuant to S. 26 of the Act.
Waterworks Design Guide, EPB 201, but revised and updated.
the Regulations, however requirements remain mandatory.
Gazette postings.
Requirements, Changes and Implications – WSWR
consumptive use or hygienic use:
regardless of volume of water supplied or number of service connections;
waterworks or distribution system, serving 15 or more service connections;
a design flow exceeding 18 cubic metres in any 24-hour period.
determination of “direct” connections for pipelines.
Requirements, Changes and Implications – WSWR
requirements, inform employees, agents of permittee of the permit and its requirements, and design any new, upgraded, altered or extended waterworks in accordance with the waterworks design standard.
Municipal Wells
Systems
systems as Hygienic – WSA and consultation based decision.
Requirements, Changes and Implications – WSWR
Regulations, 2002 with additions – Wells shall have:
entry of surface water, dirt or other material into the well casing;
prevent vertical fluid migration along the annulus;
well; and
pump that is connected to the well
Requirements, Changes and Implications – WSWR
requirements.
repair;
coming into force of these regulations, meets the following specifications:
storm drain, and must have appropriate backflow protection;
reservoir for cleaning, maintenance and safety; and
causing loss of pressure in the distribution system; and
Requirements, Changes and Implications – WSWR
water that extends down around the frame to at least 50 millimetres.
foreign matter;
the reservoir sidewall and roof.
Requirements, Changes and Implications – WSWR
table.
mandatory
parameters found or likely to be found in provincial waters.
chemicals to NSF/ANSI 60-2011
shown to be equivalent to the Minister.
before use
Requirements, Changes and Implications – WSWR
levels of < 0.7 mg/L.
altered works upon coming into service of works.
standards at an earlier date in comparison as to what is prescribed elsewhere.
2015.
Requirements, Changes and Implications – WSWR
22nd edition, 2012. Replaces faecal coliform standard with E. coli standard.
consumptive use or hygienic use shall cause to be maintained throughout the distribution system water that has:
and
Escherichia coli as determined:
the case of microbiological constituents, by initial field presence/absence tests that meet specification 9223 set out in the examination of water and wastewater standards; or
Requirements, Changes and Implications – WSWR
revised national guidelines. Readily achieved by functioning intact membrane systems.
wellhead protection requirements, dependent of consistent with national standards on turbidity. Degraded source water quality at certain times of the year, following significant precipitation events, or as a result of other circumstances, may result in elevated levels of Giardia lamblia and Cryptosporidium parvum which may not be adequately removed based on clauses (a) through (e) requirements alone. This is the latest material emerging from national review of turbidity standards.
concentrations of Giardia lamblia and Cryptosporidium parvum as determined through source water quality monitoring, any greater water source protection measures, log removal or inactivation for Giardia lamblia and Cryptosporidium parvum as may be required by and in accordance with the timelines set out in the permittee’s permit conditions.
Requirements, Changes and Implications – WSWR
source water dependent reduction (S30(2)(f)) may be demonstrated through pilot studies or other approved means.
consultation with permittee if equal or greater level of protection can be achieved.
for source water to achieve required standards.
2020
standards will be achieved.
compliance timeline – Dec 2010.
Requirements, Changes and Implications – WSWR
Drinking Water Requirements – See Table 3 of Regulations
Tritium, Strontium-90, Iodine-131, Cesium-137 (per Nat GL) (Dec 2010)
Requirements, Changes and Implications – WSWR
hygienic use water.
methods.
failures, failure to meet disinfection or more general plant upsets.
perform for WSA regulated waterworks.
Requirements, Changes and Implications – WSWR
former guideline EPB 205.
remains unchanged.
testing for chlorine residuals and turbidity.
days of date of completion of the test. More immediate reporting required for bacteriological exceedences. In turn, permittee is to inform Minister (WSA)
take any other measures as directed by the Minister to protect health and public safety.
Requirements, Changes and Implications – WSWR
extension or repair of works. Applies to both consumptive and hygienic systems.
requirements where fluoride is applied to drinking water supplies.
regulatory framework.
the Minister on request.
Requirements, Changes and Implications – WSWR
developing the QA/QC and Emergency Response Plans.
Standard - Drinking Water Quality Management, EPB 542, as established by the minister on November 15, 2012;
established by the minister on November 15, 2012;
as established by the minister on November 15, 2012; and
Contingency Planning Standard, EPB 540B, as established by the minister on November 15, 2012.
missing records (added), is still required.
Requirements, Changes and Implications – WSWR
sample submission requirements is still required.
consumer notifications.
Certification Standards, EPB 539”, as established by the minister on November 15, 2012, respecting the training and qualifications of operators and the classification of facilities as adopted pursuant to the Adoption of Standards Chapter of the Saskatchewan Environmental Code;
Requirements, Changes and Implications – WSWR
Environmental Codes - Status
June 1, 2015
The Environmental Management and Protection (Saskatchewan Environmental Code Adoption) Regulations.
chapters, Water Main and Sewer Main Code chapters.
content and application.
Wastewater.
and Sewage Works Regulations & The Water Regulations, 2002
http://www.saskh2o.ca/pdf/epb220.pdf