Regulator Tells All: The Bad, The Ugly & The Good" - Insights from the 20th Annual Ontario On-Site Wastewater Conference

1. 20th AnnualOntario On-Site Wastewater Conference & ExhibitionMarch 19, 2019Huntsville, Ontario “Regulator Tells All-The Bad, The Ugly & The Good” Terry K. Davidson, P.Eng

2. HERE’s WHAT I AM GOING TO TELL YOU FIRST • Background of Onsite • What’s Missing/Needed? • Knowledge • Proper Training/Qualifications • OBC Requirements & Process

3. WHAT HAVE WE LEARNED? • No real developments/regulations until 1950’s at the County level – County of York one of the first • In 1970’s Ministry of Environment is Created • Developed guidelines in 1974 we basically use today (THE GREEN BOOK) • Work by Brandes in 1970’s in Whitby lead to the development of the filter bed • Late 1970’s/early 1980’s lead to first secondary treatment units • 1990’s saw the introduction of shallow buried trenches in response to problems in S-W Ontario with poor soils • 2000’s saw Area Beds & Type “A” & “B”

4. The BAD!

5. WHAT’S MISSING/NEEDED? • Do you know how important soils are in the design process? • Loading rates are ignored in many areas. • HGWT identification, do you know what to look for? • Native Mantles (topsoil) vs Imported Mantles • Residential sewage design flows are balance? What? • Non-residential strength waste. Are you considering mass balance loading for the residential Level IV treatment unit?

6. WHAT’S MISSING/NEEDED? • The 2 parameters required to design a system are often misrepresented: Q&T • What about soil/fill compaction during construction (are fine textured soils scarified) • Does “Q” rates in Table 8.2.1.3.A&B represent actual flows? Review? • Should MMAH ensure that OBC requirements are consistently applied across the province?

7. IS EDUCATION LACKING?

8. Anybody Heard of Objective Based Code?

9. Application/Permit Fees • Code Requires a Minimum of 3 Inspections • Site Visit • Inspection • Readiness to Construct • Substantial Completion • Final Grading (if bylaw) • If owner pays for permit shouldn't they get a complete inspection? • Range $300 to $1500 • Average Cost per Permit • DIRECT COSTS • Application Intake • Initial Site Visit • Installation Inspection • Final Grading Inspection • Complete paper • Overhead Costs • Transportation • Office Equipment • INDIRECT COSTS (Must be Accounted For!) • Insurance • Equipment • Etc.

10. Here’s Where it Get’s UGLY!

11. EDUCATION IS IGNORED • Septic Permits are being issued without required elevations relative to a TBM • The training manual authorized for Part 8 by the MMAH has a section on surveying and laying out system components.

12. EDUCATION IS IGNORED • DOMESTIC SEWAGE TREATMENT BY UNDERDRAINED FILTER SYSTEMS • December 1974 • Ministry of the Environment 10.0 SUMMARY Under-drained filters, as an alternative to conventional tile fields, are considered effective in treating septic tank effluent. Where is the Under-drains in our current Filter Beds? Do we pick and choose research in Ontario?

13. BARRIERS TO ONSITE • MISAPPLICATION OF CODE • Consistency (53 to 340 overseer’s) • BMEC • Why are systems being approved considering the underlying soil and BNQ approved systems right from the treatment unit. • BNQ • If you have Level IV treatment with 600mm separation to HGWT why does Level I only require 900mm? Why does SBT’s also require 900mm separation distance to HGWT?

14. HERE’s WHAT ELSE I AM GOING TO TELL YOU • Who’s to Blame for the reputation of the septic systems? • Regulator • Installer • MMAH

15. REGULATORS NEED TO BE EDUCATED • Mis-application/poor interpretation of OBC results in premature failure leading to misconception that onsite doesn’t work. • Construction practices (ex. Site prep) not outlined in OBC or enforced by principal authorities resulting in poor performance • No requirement for establishing grades relative to TBM results in systems not meeting separation distances to limiting layers results in premature failure • And their personalities!

16. REGULATORS/INSPECTORS Strong ego & can be difficult to deal with His territory is unique to the world & the only solutions that will work are those he thinks will work Strong public health & consumer protection agenda Skeptical of contractors, dealers & manufactures

17. REGULATORS/INSPECTORS Is very knowledgeable & usually easy to deal with. Technocrats like to tinker & aren’t married to the regulations Don’t care as much about what works as they do about what’s legal in the code.

18. REGULATORS/INSPECTORS The nit-wit’s major characteristics are ignorance and incompetence. Many are lazy. The reason they are there is because they knew somebody and that somebody wanted to keep them off welfare. Completely unpredictable & virtually impossible to deal with effectively.

19. REGULATORS/INSPECTORS • ASK YOURSELF • ARE YOU EDUCATED? • DO YOU PROMOTE YOUR INDUSTRY? • DO YOU NEED MORE TRAINING IN SOILS? • DO YOU NEED TRAINING IN SURVEYING? Reasonable people who are trying to do a job, usually under adverse conditions. Hard-working, honest, helpful and educated!

20. Installers Wake up!

21. INSTALLERSHow this applies to you! Homeowner had contacted 3 different installers for a replacement system on a restricted site • Sloping site with bedrock outcrops. Homeowner received 3 similar quotes with 3 different technologies You’re the 4th guy. What do you do? Don’t UNDERCUT the Competition until you understand the job.

22. INSTALLERS UNDERSTAND THE JOB Talk to the Homeowner and asked the questions you need to present your solution • Become familiar with more than one technology and their Ideal applications • Break down the quote • Installation costs • Final landscaping • The ongoing annual cost if applicable Keep Learning – Knowledge will get you the job. AND FINALLY Be honest- the regulator does not want to hear the homeowner complain that they did not know what type of system they were getting

23. GOVERENMENT DOESN’T HELP PROMOTE ONSITE AS A PERMANENT SERVICING OPTION • The Province places onsite in third place behind central services and communal services and for many years funded central systems in small communities … “central good … onsite bad…” • In recent years the Province has moved to restrict development serviced by onsite. Following that lead Ottawa has restricted estate lot development and in smaller villages … reducing opportunity for new installs • Municipalities, who allowed way too many cottages and houses on valuable lake front property, blame septics – not bad planning - for nutrient problems (“a good idea poorly implemented”) • Politicians in small communities for many years promised “City services” … usually at election time

24. THE PROVINCE-MMAH • What we do • work with 444 municipalities and partners to support provincial-municipal relationships across government • administer and update Ontario’s Building Code • set the rules for Ontario’s land use planning and oversee how municipalities implement them

25. Onsite vs Centralized • Perception that onsite systems are: • temporary solution until the “Big Pipe” arrives • inferior or less technologically advanced • not as safe as centralized wastewater treatment systems from both an environmental and public health perspective Raw, partially treated sewage dumped in Lake Ontario by city during heavy rain fall By AINSLIE CRUICKSHANKStaff Reporter Mon., June 12, 2017 As spring rains pelted Toronto last month, the City dumped 1.3 million cubic metres of partially treated sewage into Lake Ontario — the equivalent of 521 Olympic sized pools. New climate plan requires municipalities to warn public about sewage spills into lakes, streams Old infrastructure becoming increasingly overwhelmed by new climate realities, experts say Philip Lee-Shanok · CBC News · Posted: Dec 08, 2018 5:00 AM ET | Last Updated: December 8, 2018

26. PROVINCIAL ACCEPTANCE OF TECHNOLOGY • MOE GUIDELINE D5-4 (1995) • NITROGEN: However technology is available for nitrogen removal. • DESIGN FLOW (1970’s) • Unrealistic daily design sanitary sewage flow.

27. WHAT ABOUT THE OBCThink The MMHA Is Concerned About the Onsite Industry? • While the Ministry administers the Building Code Act,1992, the principal authorities enforce the Act and the Building Code. The Ministry does not provide legal opinions on the application of the Building Code Act, 1992 or the Building Code to the public or to principal authorities. Therefore, you should consider asking your agency’s lawyer to consider the issue that you have raised in your email. “Would it constitute a contravention of the Ontario Building Code (OBC) or the Building Code Act (BCA) if a Chief Building Official were to deny issuing a permit using a Build Material Commission Authorization?”

28. HERE’s WHAT I AM GOING TO TELL YOU ABOUT THE FUTURE • How to Overcome These Hurdles • OOWA/ORWC/etc.. (training & education) • Advocate for Industry at local level • Participate & Provide Feedback • Be Professional & Lead by Example

29. There Can Be GOOD!

30. WHAT ABOUT THE OBC MMAH COULD UPGRADE THE CODE TO ADOPT IMPROVEMENTS TO ONSITE SYSTEMS • Time Dosing All Systems Requiring a Pump • Formation of the clogging mat is substantially delayed • Provides for unsaturated flow into underlying soil • Data available for troubleshooting • Final Grading Must Be Mandatory (Prescribed Notice)

31. WHY DOES THE PROVINCE NOT ADOPT CSA STANDARD B65-12 Installation code for decentralized wastewater systems Major goals The major goals of this Code are to specify requirements that result in decentralized wastewater systems that are sustainable long-term solutions for wastewater management; enhance the protection of surface water and groundwater; enhance the protection of the environment; and enhance the protection of public health and safety.

32. TODAY OUR INDUSTRY MESSAGE MUST BE! • ONSITE IS A PERMANENT SOLUTION • Most cost effective • Especially for decision makers who think new development must come with a central system • Onsite and small communal are scalable • Central service issues hidden to owners – buried in home cost, • Environmentally appropriate • Onsite returns water to its source • Onsite is no or low energy • First class design and oversight standards • Easy to manage • Today’s systems are well designed and install is certified • A small amount of owner knowledge goes a long way • Hired maintenance is cost effective

33. OOWA ‘s ROLETalk to All Politicians! LACK OF EDUCATION IN ONTARIO • Provincial Politicians • Provincial Bureaucrats • Municipal Politicians • Municipal Bureaucrats • Consider Installers being considered Tradesman (College of Trades acknowledging?)

34. OOWA’s ROLETalk to All Government Staff! • Mandatory maintenance of all systems, not just Level IV and BMEC systems, not just locally? • Development Based on Available Technology • Reuse Systems & Aquifer Recharge • Objective Based Code. Intent Statements? • Qualification Requirements for Real-estate Inspectors

35. EACH OF US CAN PROMOTE OUR INDUSTRY MANUFACTURERS REGULATORS HAULERS OWNERS MUNICIPALITIES ENGINEERS AND DESIGNERS SUPPLIERS DECISION MAKERS INSTALLERS

36. Enjoy Your Day! Quote: Greatness is not in where we stand, but in what direction we are moving. We must sail sometimes with the wind and sometimes against it - but sail we must and not drift, nor lie at anchor. - Oliver Wendell Holmes Contact: Terry K. Davidson, P.Eng.(613) 692-3571 ext. 1107email: terry.davidson@rvca.ca