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A Balanced Approach to SDWA Regulatory Compliance

Introduction to CCIL, the independent testing laboratories sector, advocating for a broader range of compliance tools and the adoption of Administrative Monetary Penalties (AMP) as an enforcement tool for the late reporting of adverse drinking water test results.

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A Balanced Approach to SDWA Regulatory Compliance

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  1. A Balanced Approach to SDWA Regulatory Compliance

  2. Introduction to CCIL • CCIL represents the independent testing laboratories sector. • Part of a $2.3-billion-dollar-a-year industry that employs 20,000 skilled workers. • Members operate more than 330 lab facilities, many located in Ontario. • We work collaboratively with the Ministry. • We deliver the bulk of the drinking water testing in this province.

  3. The Issue • How MOE currently deals with the late reporting of adverse drinking water test results. • We are NOT advocating for a diminishment of existing enforcement powers. • But we ARE suggesting that not all violations are equal, and that the Ministry needs a broader range of compliance tools.

  4. Concerns • In addition to the excessive penalties, we’re also concerned about other consequences. • Legal costs. • Damage to reputations. • Protracted process. • Adversarial climate. • Potential loss of testing capacity.

  5. More Balance and Flexibility • Not all violations are equal. • Each incident needs to be dealt with based on its particular circumstances. • If significant risk, or lab wilfully negligent or a repeat offender, then prosecution may be justified. Supported by industry. • In situations where low potential for harm, laboratory has a good record, MOE should have an alternative course open to it.

  6. Proposed Solution • Retain existing powers of prosecution. • Add Administrative Monetary Penalties (AMP) as an another enforcement tool.

  7. AMP Offers Advantages • Quicker process, resulting in more timely compliance. • A less combative, adversarial approach. • Allows MOE to consider the circumstances and to tailor its response.

  8. Human Error • CCIL members carry out 1000s of tests every day. • We meet the province’s reporting requirements +99.99% of the time. • Late reporting usually the result of human error. • ISO recognizes that human errors occur. • AMP would also acknowledge human error and work to correct deficiencies.

  9. AMP Adopted in Other Legislation • Highway Traffic Act • Environmental Protection Act • Municipal Act • Ontario Energy Board Act • Accessibility of Ontarians with Disability Act • Private Career Colleges Act

  10. AMP and the SDWA • Section 121 of the SDWA. • Yet to be proclaimed. • Opportunity lost after December 2012.

  11. Ask • We ask the Minister to proclaim the regulations establishing AMP as another option for handling non-compliance.

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