Application of Health Regulations to Groundwater

1. Application of Health Regulations to Groundwater Barry Boettger Barry.Boettger@gems7.gov.bc.ca Provincial Drinking Water Officer Office of the Provincial Health Officer

2. Objectives Health outcomes Principles behind B.C.’s Action Plan for Safe Drinking Water Overview of the legislation Groundwater under the influence of surface water

3. Waterborne Disease Outbreaks1980 - 1990

4. Waterborne Disease Outbreaks1990 - 2004 * Suspected Outbreaks

7. Action Plan for Safe Drinking Water in British Columbia • Focuses on: • health outcomes through prevention and treatment of contamination • outcome based approach • improved oversight and accountability • Based on 8 principles

8. DWAP Principles • The safety of drinking water is a public health issue (Health Services lead) • Source protection is a critical part of drinking water protection • Providing safe drinking water requires an integrated approach

9. DWAP Principles • All water systems need to be thoroughly assessed to determine risks • Proper treatment and water distribution system integrity are important to protect human health • Tap water must meet acceptable safety standards and be monitored

10. DWAP Principles • Small systems require a flexible system with safeguards • Safe drinking water should be affordable, with users paying appropriate costs

11. Drinking Water Legislation • Health Act • Safe Drinking Water Regulation (repealed) • Sanitary Regulation (1917) • Drinking Water Protection Act (May 2003) • Drinking Water Protection Regulation (May 2003) • Potential for Future Regulations

12. - Sanitary Regulation -Wells to be cleaned 41 All wells which are in use, whether such wells are public or private, shall be cleaned out on or before the 15th days of March and October in each year; and in case the local board certifies that any well should be filled up, such well shall be forthwith filled up by the owner of the premises.

13. Sanitary Regulation –Distance of wells from possible source of contamination 42 Every well hereafter sunk or dug shall be located at least 100 feet from any probable source of contamination, such as a privy vault, cesspool, manure heap, stable or pigsty, and at least 20 feet from any dwelling house, and at least 400 feet from any cemetery or dumping ground; unless, owing to the physical conformation, contamination of such well be impossible from such cemetery or dumping ground. Any like source of contamination existing within the aforesaid distances from any well now in use shall be removed where possible, or in default the well shall be abandoned and filled up; but this rule shall not apply to wells situated less than 20 feet from a dwelling house, unless other good cause than proximity to such dwelling house can be shown why such well shall be abandoned.

14. - Sanitary Regulation -Contaminating wells or public supply forbidden 43 No person shall bathe, wash, cleanse any wool, cloth, leather, skins or animals, or put or cause to be placed any dead animal, or part of the carcass of any dead animal, or any decayed or filthy animal or vegetable matter, in or near any stream or the tributary of any stream, well, spring, reservoir, pond or other source from which water or ice is drawn, taken or used for domestic purposes; or shall cause, permit or suffer any sewage, washing or other offensive matter from any sink, privy closet, cesspool, factory, trade's establishment, slaughter house, washhouse, tannery or other place over which he shall have control, to flow or percolate thereinto, or into any drain or pipe communicating therewith; or cause any other thing to be done whereby the water supply of any city, town, village, community or household is in anywise tainted or fouled, or rendered unfit for drinking or domestic purposes.

15. - Sanitary Regulation -Penalty $100 or imprisonment or both fine and imprisonment 71 Any person who violates any order, direction, bylaw or regulation of a local board, made pursuant to the Act or these regulations, shall be liable, on summary conviction, under the Offence Act, for every such offence to a fine not exceeding $100, with or without costs, or to imprisonment, with or without hard labour, for a term not exceeding 6 months, or to both fine and imprisonment, in the discretion of the convicting Justice.

16. Legislation - 1992 - 2003 • Health Act; Safe Drinking Water Regulation • Required construction approval • Required operating permits • Could place conditions on an operating permit • Required minimum treatment levels • Specified water quality standards • Required public notification of water quality problems • Required an emergency response plan

17. Drinking Water Protection Act • Passed in 2001 • Amended in 2002 • Brought into force May 2003 • More refinement expected • harmonizing with groundwater regulations • small water supply issues • clarification of language related to certification • ticketing

18. Legislation – 2003 - • Drinking Water Protection Act; Drinking Water Protection Regulation • Requires construction approval • Requires operating permits • May place conditions on an operating permit • Required minimum treatment levels • Specifies water quality standards • Requires public notification of water quality problems • Requires an emergency response plan • May require a system assessment - Floodproofing • May require an assessment response plan (aquifer or well protection planning) • Requires certified operators

19. Drinking Water Protection Act Well floodproofing 14 For the purposes of section 16 of the Act, the owner or operator of a well that provides drinking water and that is identified in an assessment as being at risk of flooding must floodproof the well by constructing, equipping and maintaining the well in a manner which precludes the entry of flood water into the well and protects the well against damage from flood debris, ice, erosion and scour.

20. Groundwater Regulation Floodproofing of wells 11 (1) For the purposes of this section, flood debris and flood waters are a prescribed matter or substance under section 79 (1) (f) of the Act. (2) The owner of a new well drilled on or after August 1, 2004 that supplies a water supply system must locate, complete, equip and maintain the well (a) to prevent the entry from the surface of anything set out in section 79 (1) of the Act, either directly into the top opening of the well or by entering the well through any annular space along the outside of the outermost well casing, and (b) to protect the well or wellhead from physical damage due to flood debris, ice or erosion. (3) An engineer may require the owner of any well that supplies a water supply system to assess the well for the purposes of subsection (2) and the engineer may, after having considered the assessment, order the well owner to alter and maintain the well (a) to prevent the entry from the surface of anything set out in section 79 (1) of the Act, either directly into the top opening of the well or by entering the well through any annular space along the outside of the outermost well casing, and (b) to protect the well or wellhead from physical damage due to flood debris, ice or erosion. (4) An engineer may order the owner of any well that supplies a water supply system to engage a qualified professional who has competency in the field of hydrogeology to make the assessment required by subsection (3). (5) An engineer may require the owner of a well that is in proximity to a well that supplies a water supply system and that may pose a threat of a contaminant entering the well that supplies the water supply system, or entering the aquifer supplying the water supply system, to engage a qualified professional who has competency in the field of hydrogeology to assess the threat and the engineer may, after having considered the assessment, order the owner of the well that is in proximity to, and that may pose a threat to the well that supplies the water supply system, to alter, maintain or close the well (a) to prevent the entry from the surface of anything set out in section 79 (1) of the Act, either directly into the top opening of the well or by entering the well through any annular space along the outside of the outermost well casing, and (b) to protect the well or wellhead from physical damage due to flood debris, ice or erosion. (6) Any work to alter or close a well under subsections (2), (3) or (5) must be done by (a) a qualified well driller, (b) a qualified well pump installer, (c) a qualified professional who has competency in the field of hydrogeology, or (d) a person under the direct supervision of a person referred to in paragraphs (a) to (c).

21. Drinking Water Protection Regulation Treatment 5 (1) In this section: "ground water" means ground water as defined in section 1 of the Water Act; "surface water" means water from a source which is open to the atmosphere and includes streams, lakes, rivers, creeks and springs. (2) For the purposes of section 6 (b) of the Act, drinking water from a water supply system must be disinfected if the water originates from (a) surface water, or (b) ground water that, in the opinion of a drinking water officer, is at risk of containing pathogens.

22. Ground water that, in the opinion of a drinking water officer, is at risk of containing pathogens Hydrological evaluation Water quality analysis; ·total coliforms; ·E. coli or faecal coliforms; ·viruses; ·chlorophyll a; or ·protozoan cysts. Lack of evidence to the contrary

23. Disinfection Undefined in legislation Policy: Ø      4 log (99.99%) removal or inactivation of viruses Ø      3 log (99.9%) removal or inactivation of Giardia and Ø      2 log (99%) removal of Cryptosporidium cysts[1] Ø≤ 1 NTU for turbidity        Ø      0 Fecal coliforms or E. coli [1] In cases where an area or water system has a history of outbreaks of disease or particularly poor source water quality, higher log removal for these three parameters may be required.

24. Unless the applicant can satisfy the issuing official that     a) there is no appreciable risk to public health in respect of these parameters, having regarding to the circumstances of that water supply system[1], or     b) If some appreciable risk does exist for certain parameters, it is acceptable from a public health perspective, having regard to the circumstances of that water supply system, and the applicant has a continuous improvement plan that will address treatment for these parameters within a period of time that is considered reasonable in the circumstances. [1] Ground water systems that the issuing official believes are not at risk of containing pathogens will generally fall under this category.

25. Links Drinking Water Protection Act http://www.qp.gov.bc.ca/statreg/stat/D/01009_01.htm Drinking Water Protection Regulation http://www.qp.gov.bc.ca/statreg/reg/D/200_2003.htm Sanitary Regulations http://www.qp.gov.bc.ca/statreg/reg/H/Health/142_59.htm