Applied Environmental Law & Construction Safety Midterm 1 PDF

CONS 8070 - Applied Environmental Law 1 & Construction Safety - Spring 2024 Important ! econestoga course updates Class Attendance Punctuality & Assignment Submission Class notes & reference reading material Use of electronic devices Assignments Tests Breaks...

CONS 8070 - Applied Environmental Law 1 & Construction Safety - Spring 2024 Important ! econestoga course updates Class Attendance Punctuality & Assignment Submission Class notes & reference reading material Use of electronic devices Assignments Tests Breaks 2  Application of Environmental Law & Construction Safety 1. Various Projects – Every level of government i.e. Roads, infrastructure, energy, buildings, lakes, creeks 2. Who involve with these projects i.e. Consultants, municipal/provincial/ federal agencies, public, employers & employees in Canada 3 4 5 6  Various Environmental Acts (Federal & Provincial) Environmental Protection Act (EPA) Ontario Water Resources Act (OWRA) Ontario Clean Water Act (OCWA) Ontario Safe Drinking Water Act (OSDWA) Technical Standards and Safety Act (TSSA) Canadian Environmental Protection Act (CEPA) Fisheries Act 7 » The Canadian legal system has its roots in the British common law system, inherited from being a part of the Commonwealth. » Quebec still retains a civil system for issues of private law. » Both legal systems are subject to the Constitution of Canada, from which all laws formally derive their power. 8 Constitution of Canada The Constitution of Canada is the supreme law in Canada The Constitution Act, 1982, includes the Charter of Rights and Freedoms All provinces and territories, excluding Quebec, follow the common law legal tradition All courts must follow the decisions of the more senior courts Only the Supreme Court of Canada has authority to bind all courts in the country with a single ruling 9 o When there is little or no existing Canadian decision on a particular legal issue, English court decisions, are almost always used o Due to Canada's historical connection with the United Kingdom, decisions of the House of Lords before 1867 are still binding on Canada unless they have been overturned by the Supreme Court of Canada 10 Criminal law » The enactment of criminal law is under the exclusive jurisdiction of the federal government » This means that Canada has one Criminal Code that is applicable throughout the country. » province administers most of the criminal and penal law via provincial and municipal police forces » Prior to the enactment of the Canadian Charter of Rights and Freedoms in 1982, it was fairly common for a provincial law to be challenged on the grounds that it was a criminal statute, and thus beyond the province's legislative authority 11 Civil law » The area of civil law in Canada encompasses numerous areas of law that involve disputes between parties, which includes individuals, corporations, and government » Parties seek remedies from the court in contractual matters, tort disputes, and property law cases, among others. 12  13 Sourcehttps://www.cjc-ccm.gc.ca/english/resource Court system of Canada » The Supreme Court of Canada is the highest court of Canada and is the final court of appeal in the Canadian justice system » Typically, appeals from provincial courts go to the superior court of the province. Further appeals would go to the appeal court, and then in limited circumstances on to the Supreme Court of Canada 14 Court system of Canada » The Federal Court of Canada and Federal Court of Appeal, unlike other superior courts, are creatures of statute and have jurisdiction over a small number of issues that fall under the federal constitutional scope (for example, immigration, admiralty (maritime law), patents and copyright). 15 » PART 1 - PROVINCIAL (ONTARIO) LAWS » Environmental Protection Act (EPA) > Passed 1971 > Original intent to protect and conserve the natural environment > Regulates various aspects of the environment & environmental media (air, soil, H20) > Regulates the disposal of "wastes" 16 Provides various definitions: » Adverse effect » Contaminant » Discharge » Natural Environment » Water, air, soil (legal definitions contained in Section 1of the Act) » Sets out the powers for "administering" the act to the MOE and the Environment Minister 17 The Minister may: » Investigate problems of pollution » Conduct research » Conduct studies of the natural environment » Regulate waste » Apply the general provisions of the act through the structure of the MOE 18 The EPA also contains various "subordinate" regulations "Adverse Effect" means one or more of: » impairment of the quality of the natural environment for any use that can be made of it » injury or damage to property or to plant or animal life » harm or material discomfort to any person » an adverse effect on the health of any person » impairment of the safety of any person » rendering any property or plant or animal life unfit for human use » loss of enjoyment of normal use of property » interfere with the normal conduct of business 19 » "Natural Environment“ : air, land, and water » "Water" :means surface water and groundwater » "Air" :means open air » "Contaminant" :means any solid, liquid, gas, odour, heat, sound, vibration, radiation, or combination of any of them resulting directly or indirectly from human activities that may cause and adverse effect » "Discharge" :includes, add, deposit, leak, emit 20 Key Elements of the EPA: » Section 9(1): "No person shall construct, alter, extend, or replace anything or alter the production rate of any process that may discharge a contaminant into any part of the natural environment, except water, without an Environmental Compliance Approval" » Section 14(1): "Subject to subsection (2) but despite any other provision of this Act or the regulations, a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment, if the discharge causes or may cause an adverse effect" 21 GENERAL INFORMATION » This introductory Guide provides useful tips and resources to assist applicants when completing and submitting their ECA (Environmental Compliance Approval) application form. Applicants may refer to the most recent guides formerly used for applying for a CofA (Certificate Of Approval) for detailed guidance on the approval process until the comprehensive ECA Guide is released 22 "Brownfields" » One must refer to 0. Regulation 153 - "Records of Site Condition" for all of the specific details » Submission of a Record of Site Condition (RSC) mandatory when applying for building permits where more sensitive land uses are proposed (became effective Oct. 1, 2005). 23  Organization Chart of Ontario Ministry of Environment and Climate Change (MOECC) 24 Source: https://www.ontario.ca/page/published-plans-and-annual-reports-2015-2016-ministry-environment-and-climate-change LIST OF REGULATIONS UNDER THE ENVIRONMENTAL PROTECTION ACT, RSO (1990) » SOURCE: WWW.E-LAWS.GOV.ON.CA (2011) Canadian Federal Legislation MINISTRY OF THE ENVIRONMENT » Introductory Guide to Applying for an Environmental Compliance Approval » Recent amendments to the Environmental Protection Act (EPA) and the Ontario Water Resources Act (OWRA) came into effect resulting in a two path environmental approval process; the Environmental Compliance Approval (ECA) process and the Environmental Activity and Sector Registry (EASR) process. The ECA is a new instrument of environmental approval that replaces the Certificate of Approval (CofA). Existing CofA and their terms 25 and conditions will continue to apply as if they were an ECA Ontario Water Resources Act (OWRA) » Provincial act established to regulate and protect water in Ontario » Contains a general prohibition against the discharge of any material into water 26 Section 30(1) "Every person that discharges or causes or permits the discharge of material of any kind into or in any water or on any shore or bank thereof or into any place that may impair the quality of the water of any waters is guilty of an offence" » 30 (2) "Every person that discharges or causes or permits the discharge of any material of any kind, and such discharge is not in the normal course of events, or from whose control material of any kind escapes into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters, shall forthwith notify the Ministry of the discharge or escape, as the case may be." 27 Safe Drinking Water Act (2002) » an act to "recognize" that the people of Ontario are entitled to expect that their drinking water is safe » to provide for the protection of human health & the prevention of drinking-water health hazards through the control & regulation of drinking water systems and testing. 28 Requires: 1. mandatory licensing & accreditation of laboratories that perform drinking water testing 2. the Minister (MOE) to establish a standards advisory council 3. the certification of all drinking water system operators 4. an owner's license for municipal drinking water systems 5. that municipalities be held to a statutory standard of care 6. that the MOE have the authority to strengthen compliance and enforcement » Sets out 6 different regulations, including O.Reg.169/ 03 that lists the drinking water standards 29 Clean Water Act (2006) » The purpose of this new Act is to protect existing and future sources of drinking water. » When originally planned was called the /1 Source Water Protection Act". » Name changed when introduced as Bill 43. » Represents follow-on legislation from the Walkerton Inquiry and Justice O'Conner's report. » Aims to have land-use planning and land-use controls to /1 regulate" threats to potable water resources. 30 Clean Water Act (2006) cont.. » Regional Municipality of Waterloo land-use and groundwater mapping programs used as a template/ model for this act. » When all regulations under this act are finalized, the MOE will require Source Water Protection Plans be completed. » » “Authority" established for Source Protection Committees and Conservation Authorities to lead/ guide such planning with Municipalities and land owners. » Will include mapping of threats to groundwater and groundwater vulnerability zones and 11 IPZs" for surface water (intake protection zones). 31 Technical Standards & Safety Act (TSSA) » Provincial act to /1 enhance" public safety » Regulates amusement devices, boilers & pressure vessels, elevating devices, energy, gasoline/ fuel, etc. » Sets out the Liquid Fuels Regulation (0. Reg. 217) and the Fuel Oil Regulation (O.Reg. 213) and adopts the Liquid Fuels Handling Code, Fuel Oil Code, and TSSA (2011) Env. Management Protocol. 32 TSSA Liquid Fuels Handling Code: » A "code" adopted under 0. Reg. 217 that addresses the storage, transportation, and distribution of gasoline and associated petroleum products » It is administered by the Technical Standards and Safety Authority (TSSA) 33 The Code sets out legal requirements for: » ASTs; USTs ( Above & Underground Storage Tanks) » Piping & product transfer » Fuel facilities » Operating requirements » Environmental restoration (GAl/99 Protocol) » Tank vehicles 34 TSSA Fuel Oil Code: » Contains provisions to regulate fuels used for heating or stationary power sources (e.g. generators, boilers, furnaces). It is based on the CSA Standard B139. » Remember that other regulations, codes, and guidelines also govern storage tanks beyond TSSA requirements: » National Fire Code » Ontario Fire Code » Canadian Standards Association (CSA) Standard B139 - tied to the TSSA Fuel Oil Code (0. Reg. 213) » CCME (Canadian Council of Ministers of the Environment) Codes of Practice 35 Occupational Health and Safety Act (OHSA) » The Occupational Health and Safety Act came into force on October 1, 1979. - Administered by the Ontario Ministry of Labour (MOL). » Its purpose is to protect workers against health and safety hazards on the job. 36 Overall components of the Act include: The Workplace Partnership » Workers and employers must share the responsibility for occupational health and safety.(Internal Responsibility System ) » Several provisions of the Act are aimed at fostering the internal responsibility system > 1. Employers > 2. Responsibilities 37 The Rights of Workers A. The Right to Participate: right to be part of the process B. The Right to Know: right to know about any potential hazards C. The Right to Refuse Work: right to refuse work that they believe is dangerous D. The Right to Stop Work: members of a joint health and safety committee who are "certified" have the right to stop work that is dangerous to any worker 38 » Duties of Employers and Other Persons » The Act imposes duties on those who have any degree of control over the workplace, the materials and equipment in the workplace and the direction of the work force For example: there are duties that specifically relate to toxic substances, hazardous machinery, worker education and personal protective equipment 39 Enforcement » Ministry of Labour has the authority to enforce the law, If the internal responsibility system fails to address adequately the health and safety issues in a workplace, or if the Act and regulations are not being followed, » the Inspectors have broad powers to, among other things, inspect any workplace, investigate any potentially hazardous situation and work refusal, order compliance with the Act and regulations and initiate prosecutions 40 Regulations » Many regulations have been passed under the Act EXAMPLES - - there are four separate safety regulations that apply to industrial establishments, construction sites, mines and health care facilities » We will cover 0. Reg. 213/91for Construction Projects (see section 7.0 of these course notes) 41 » There are also regulations for each of 11 different chemicals known as "designated substances". These regulations apply only to workplaces where designated substances are present (E.G. LEAD, ASBESTOS) Key: ! » Employers, supervisors, owners and constructors, among others, have an obligation to know and comply with the regulations that apply to their workplaces 42 Canada Labour Code (Part 2) Application » Occupational health and safety legislation in the federal jurisdiction has been consolidated under Part II of the Canada Labour Code. » Note: Part II of the Canada Labour Code does not apply to certain undertakings regulated by the Nuclear Safety and Control Act. 43 Canada Labour Code (Part 2) » Canada Occupational Health and Safety Regulations » Generally speaking, the Canada Labour Code establishes the legislative framework and outlines the duties and responsibilities of the employer and employees pertaining to occupational health and safety. » The Canada Occupational Health and Safety Regulations identifies, in much greater detail, the specific requirements in order to ensure a healthy and safe work place. (For example, the Code requires an employer to ensure that the levels of ventilation, lighting, temperature, humidity, sound and vibration are in 44 accordance with prescribed standards.) Canada Labour Code (Part 2) (Federal Jurisdiction) The purpose of the Canada Labour Code, Part II is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment. According to the Code preventive measures should consist first of the elimination of hazards, then the reduction of hazards and finally, the provision of personal protective equipment, clothing, devices or materials, all with the goal of ensuring the health and safety of employees. 45 Canada Labour Code (Part 2) Duties of Employers » Employers have a general obligation or duty to ensure that the health and safety of every person employed by the employer is protected while they are working. Duties of Employees » Employees have a responsibility to take all reasonable and necessary precautions to ensure their health and safety and that of anyone else who may be affected by their work or activities. 46 Canada Labour Code (Part 2) Three Basic Rights Part II of the Canada Labour Code provides an employee with three rights: » Right to Know; » Right to Participate; » Right to Refuse. » REMEMBER THAT THERE ARE SEVERAL OTHER FEDERAL ACTS THAT MAY REQUIRE CONSULTATION ON A PROJECT-BY PROJECT BASIS. 47 PART 2 - FEDERAL (NATION-WIDE) LAWS Canadian Environmental Protection Act (CEPA) » An Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development » Federal Act that provides broad regulation of matters of national interest. Intr' 1986, Rev 1999 » Includes the authority to regulate commercial substances (including 48 fuels) Canadian Environmental Protection Act (CEPA) Cont.. » Contains provisions to regulate the "life cycle" of toxic substances (i.e. Manufacture, transport, storage, use and release to environment, waste management) » Authority to regulate emissions and effluents of federal departments and crown corporations » Provisions to control sources of air pollution where a violation of an international agreement could result or where pollution impacts another country 49 Canadian Environmental Protection Act (CEPA) Cont.. » Provisions to control nutrients, such as phosphates in cleaning products » Provisions to control ocean dumping » Authority to administer CEPA falls to: + Environment Canada + Health Canada + Attorney General of Canada + Courts + Enforcement Officials & Inspectors 50 Canadian Environmental Protection Act (CEPA) Cont.. » makes pollution prevention the cornerstone of national efforts to reduce toxic substances in the environment; » imposes timeframes for managing toxic substances; » ensures the most harmful substances are phased out or not released into the environment in any measurable quantity; » includes new provisions to regulate vehicle, engine and equipment emissions; 51 Canadian Environmental Protection Act (CEPA) Cont.. » CEPA includes various lists and schedules such as: > Non-Domestic Substances List > Domestic Substances List > Priority Substances List > Virtual Elimination List > National Pollutant Release Inventory » Toxic Substances List 1(Schedule) » Export Control List (Schedule 3) 52 » Waste or other matter that may be disposed of at sea (Schedule5) The Fisheries Act, R.S.C. 1985 » One of the first statutes in Canada designed to protect the natural environment - - remains one of, if not the, most stringent environmental laws » Purpose of the Act to protect Canada's Fisheries as a national resource by safeguarding fish stocks and habitats » Major amendments to the Act took effect in November 2013 53 The Fisheries Act, R.S.C. 1985 » Previously prohibited persons from depositing or permitting the deposit of a “deleterious (Degrading/changing) substance” into waters frequented by fish" » Now prohibits serious harm" to fish that are part of a commercial, recreational or Aboriginal fishery or fish that support one of these fisheries » The Act is administered jointly by the Dept. of Fisheries and Oceans Canada (DFO) and Environment Canada. Some enforcement powers granted to the Coast Guard & Provincial Agencies. 54 The Fisheries Act, R.S.C. 1985 » The Act defines “ serious harm” as the death of fish, or permanent alteration to or destruction of fish habitat » The DFO (Dept. of Fisheries and Oceans Canada) has issued a policy statement to clarify “serious harm” as being: A) The death of fish; B) The permanent alteration to fish habitat that would limit fish spawning, feeding, migration; C) The destruction of fish habitat that would prevent fish spawning, migration, feeding and essential life processes 55 The Fisheries Act, R.S.C. 1985 » The proponents of construction projects (or other projects) are responsible for avoiding and mitigating serious harm to fish that are part of or support commercial, recreational or Aboriginal fisheries; AND if such harm is unavoidable or can't be mitigated proponents must apply for a Fisheries Act authorization for the project to proceed » The Act requires reporting "without delay" unauthorized serious harm to fish » Minimum fines of $15,000 for an individual and $500,000 for a large corporation and higher fines for second or subsequent offences. 56 The Fisheries Act, R.S.C. 1985 » NOTE Summary conviction offences encompass the most minor offences in the Criminal Code. » Convictions for indictable offences can result in a fine of $1million for a first offence and $1million and/or imprisonment for a subsequent offence » NOTE An indictable offence is more serious than a summary conviction offence. Conviction of an indictable offence exposes you to greater penalties. If you are prosecuted by indictment; you are entitled to trial by jury for most offences. 57  CONS 8070 An Overview of the Environmental Site Assessment (ESA) Process in Ontario Ron Ormson, P.Geo.  Overview 1. Context/history of ESA process 2. Key Legislation 3. Record of Site Condition 4. Site assessment process – examples from Waterloo, ON 5. Site condition standards & site remediation 6. Risk Assessment 7. Redevelopment  Context Brownfields Statute Law Amendment Act (November 2001) Goal was to encourage the revitalization of brownfields while ensuring environmental protection Amendments made to the Environmental Protection Act (EPA) as well as other statutes including the Municipal Act and the Planning Act to facilitate brownfield revitalization Ontario Ministry of the Environment and Climate Change is the lead provincial agency (MOECC) ESA process has evolved to become very prescriptive in law  Context (Con’t.) Professional Geoscientists Act received Royal Assent on June 23, 2000 and established the APGO (Association Of Professional Geoscientists Ontario) APGO governs the practice of professional geoscience in Ontario. The Act defines a Professional Geoscientist (P. Geo.) as one who performs any activity that requires the knowledge, understanding and application of the principles of geoscience, and that concerns the safeguarding of the welfare of the public, life, health or property, including the natural environment, and who meets APGO membership requirements. Professional Engineer (P. Eng.) and P. Geo. designations recognized by MOECC as Qualified Persons for ESA work  Key Legislation Environmental Protection Act (EPA) General liability posed by the prohibition of “Adverse Effects” Specific obligations under Section 168 of the EPA (Records of Site Condition) – ESA in relation to change of land use Subordinate Regulation – Ontario Regulation 153/04 of the EPA (Records of Site Condition) ESA ≠ EA (EA work governed by the Environmental Assessment Act not the EPA)  Key Legislation (Con’t). A Record of Site Condition (RSC) is required to allow certain changes in land use (7 uses defined) and to support issuance of building permits from municipalities RSC signed by the landowner and Qualified Person EPA and O.Reg. 153/04 define the ESA process (i.e. study phases) required to file a Record of Site Condition (RSC) with the MOECC RSCs used in conjunction with property transactions, financing, insurance  What is a RSC? It is a report documenting the results of one or more ESAs of a property conducted or supervised by a QP. The ESA will either confirm that there is no evidence of contaminants at the property that would interfere with any future use of the property or that contaminants at the property do not exceed the 2011 MOECC standards. The standards are set for the intended use (residential, commercial, etc.) of the property and on certain physical characteristics of the property. An RSC can also be filed on the basis of an RA (Risk Assessment). RA required if you found out in Phase 2 ESA that the contaminate levels exceed what is permitted in the regulation tables.  ESA Process Commences with a Phase 1 ESA Report (background research) Typically followed by a Phase 2 ESA (sampling, testing, detailed site characterization) If necessary, a remedial clean-up phase or a Risk Assessment (RA) Goal is to address MOECC 2011 Site Condition Standards for Soil, Groundwater & Sediment RSC filed with the MOECC on their Environmental Registry  Schematic depiction of the ESA Process in Ontario RA process can take years  Phase 1 ESA Requirements spelled out in O.Reg. 153/04 of the Environmental Protection Act A Phase I ESA is conducted “to determine the likelihood that one or more contaminants have affected all or part of the property” Requires a “Records Review” for a 250 m radius around the Phase 1 site Records include land title (ownership), fire insurance plans, PCB information, spills records aerial photos, site operating records, geological/hydrogeological info  Phase 1 ESA Also requires a site visit and interviews with knowledgeable people Past & present areas of concern are identified – fuel storage tanks, spill locations, waste disposal areas, etc. Result: A detailed document summarizing past and present uses with potentially contaminating activities (PCAs) identified potentially contaminating activities PCAs 59 potentially contaminating activities are identified in O. Reg 153/04 Canbar Site, Waterloo ON - Late 1980s FIRE INSURANCE PLAN Aerial Photograph (2003) 2003 Aerial Photograph (2000) BARRELYARDS BROWNFIELD DEVELOPMENT WATERLOO, ON  PHASE 2 – ESA A Phase II ESA is conducted “to determine the location and concentration of one or more contaminants in the natural environment” Qualified Person must develop a sampling and analysis plan to address findings of the Phase 1 ESA “PCAs”  PHASE 2 – ESA 1) Soil and groundwater sampling (e.g. drilling boreholes and installing monitoring wells) 2) Laboratory analysis 3) Data review & mapping 4) Comparison with MOE 2011 Site Condition Standards or for use in Risk Assessment Drilling – Geoprobe Method Drilling – CME Rig (wheeled) Drilling – CME Rig (track mounted) Drilling – Soil Sample  Example - MOECC Apr 2011 Site Condition Standards for use under Part 15 of the EPA Target Potable & chemicals: Non-Potable Ground VOCs Water (GW) Metals Conditions Pesticides PCBs Hydrocarbons Risk based (TPH & PAH) standards derived from USEPA & other toxicological data  Clean-up and Remediation Two approaches for cleaning up contaminated properties are provided for in Part XV.1 of the EPA and Ontario Regulation 153/04. Either of these approaches may be used when a decision has been made to file an RSC. The two approaches consist of: 1. April 2011 site condition standards (background standards and effects-based standards) for soil, groundwater and sediment; or, 2. Preparation of a risk assessment.  Example - MOECC Apr 2011 Site Condition Standards for use under Part 15 of the EPA Target Potable & chemicals: Non-Potable GW VOCs Conditions Metals Pesticides PCBs Risk based Hydrocarbons standards (TPH & PAH) derived from USEPA & other toxicological data  Remediation (Con.’t) “Conventional” approaches – dig and haul; pump and treat Newer technologies – bioremediation, chemical injection etc. Risk Assessment – develop site specific “custom” clean- up standards that are different from MOECC Generic Standards (Table 2, 3) Filing of a Record of Site Condition (RSC) if required by O.Reg. 153/04 Dig – Haul – Dispose Remediation RISK ASSESSMENT MOECC requires consideration of ECO and Human Health Risk Redevelopment  Additional Information https://www.ontario.ca/page/guide-site- assessment-cleanup-brownfields-filing- records-site-condition www.apgo.net CONS 8070 - Applied Environmental Law 1 & Construction Safety - Spring 2024 Important ! econestoga course updates Class Attendance Punctuality & Assignment Submission Class notes & reference reading material Use of electronic devices Assignments Tests Breaks 2 Week 5-Section 5 3 Outline 1. Surface water Quality 2. Drinking Water Quality 3. Municipal-Industrial Strategy for Abatement (MISA) program 4. Spills 5. Environmental Compliance Approval (ECA) application process 6. Transportation of Dangerous Goods Act (TDGA) 4 SECTION 3.0 WATER QUALITY Water Quality & Liquid Discharges (Part 1) » Water quality in Ontario regulated mainly via: MOE using the Ontario Water Resources Act (OWRA), Ontario Safe Drinking Water Act (OSDWA), Ontario Clean Water Act (OCWA), Environmental Protection Act (EPA), Municipal-Industrial Strategy for Abatement (MISA) » Municipalities can become involved using local by-laws and ordinances » Issued Municipal Drinking Water Licenses by MOE » Federal Government can become involved with contaminated water quality issues especially through the Fisheries Act R.S.C. 1985 5 WATER QUALITY » For surface water management in Ontario the MOE has the following overall guideline: » "The MOE 1994 Provincial Water Quality Objectives" or "PWQOs" » The objective of the PWQOs are to 1) ensure that surface water quality is satisfactory for aquatic life and recreation, 2) preserve the quality of groundwater to protect the greatest number of uses. Reference: https://www.ontario.ca/page/water-management-policies-guidelines-provincial- water-quality-objectives 6 WATER QUALITY » PWQOs are the primary H20 guideline for use in this province for surface water resources » PWQOs contain criteria and interim criteria regarding concentrations for various analytical parameters (i.e. pesticides, bacteria, temperature, metals.....) and are most applicable to surface water » all legal requirements for Drinking Water are set out in the Safe Drinking Water Act. 7 PWQOs based on a range of scientific info. and considerations such as: » acute/chronic toxicity » bioaccumulation » food chain » persistence » chemical fate » physical & chemical properties » tainting of fish, sediment quality, etc. 8 » PWQOs set out a number of policy definitions and definitions for compliance such as: » Policy 1 » Policy 2 » Policy 3 » Policy 4 9 Policy 1 » "In areas which have water quality better than the Provincial Water Quality Objectives, water quality shall be maintained at or above the Objectives." Although some lowering of water quality is permissible in these areas, degradation below the Provincial Water Quality Objectives will not be allowed, ensuring continuing protection of aquatic communities and recreational uses. 10 Policy 2 » "Water quality which presently does not meet the Provincial Water Quality Objectives shall not be degraded further and all practical measures shall be taken to upgrade the water quality to the Objectives." 11 Policy 3 » Prevent the release, in any concentration, of hazardous substances that have been banned. Provincial Water Quality Objectives have been developed for many of the banned hazardous substances in Appendix B. It should be emphasized that these Objectives are not to be used for the development of new waste loadings for these substances. Rather, they provide a benchmark available to assess the environmental implications of past releases or accidental losses and remediation work. 12 Policy 4 » Ensure that special measures are taken on a case by case basis to minimize the release of hazardous substances that have not been banned. » For these hazardous substances it is not appropriate to use the assimilative capacity of receiving waters and mixing zones to attenuate the treated wastes. 13  The law for Drinking Water Systems in Ontario Every owner and operator of a drinking water system must ensure that: » the system’s water meets Ontario’s Drinking Water Quality Standards » anyone who operates or works on their system is properly trained and licensed » drinking water tests are done by licensed, accredited laboratories » adverse test results are reported to the Ministry of the Environment and Climate Change and the local medical officer of health Source law » Provincial standards for water quality are set out in: ˃ Safe Drinking Water Act, 2002 ˃ Ontario Regulation 169/03 (Water quality standards) ˃ Ontario Regulation 170/03 (Drinking water systems legislative) 14 Drinking Water » For treated surface water and drinking water the provisions of the Safe Drinking Water Act (2002) and associated regulations (e.g. Reg. 169) must be applied. » For Federal Sites the CCME Canadian Drinking Water Guidelines can be applied in the absence of Provincial Regulations » Safe Drinking Water Act passed in 2002 as a new act as a result of the Walkerton, Ont. E-coli contamination 15 Drinking Water » The SDWA and associated Regulations attempt to: » set mandatory and stringent standards/ procedures to protect the quality of potable drinking water from municipal and certain communal water supplies 16 Drinking Water » municipal distributors have a Municipal Drinking Water Licence (see page) » water is tested regularly by an accredited lab » that quarterly results are made public · » notice be given to the Medical Officer of health and the MECCO when results exceed limits » public notice and corrective action required when test results fail » drinking water must be disinfected if test results fail" » all municipal works require "Engineer's Reports" 17 Drinking Water Reg. 169 contains the actual standards for the following parameters: » Microbiological Standards- (Schedule 1) » Chemicals Standards- (Schedule 2) » Radiological Standards- (Schedule 3) Reg. 170 contains the guidance on: » what systems are exempt » what specific testing is required » reporting requirements » what is considered groundwater under the direct influence of surface 18 water MISA Program The MISA Program is administered by the MOE and stands for the "Municipal, Industrial Strategy for Abatement" Goal: virtual elimination of toxic contaminants from industrial and municipal discharges into waterways" 19 MISA Program » MISA regulations divided into two primary categories Direct Dischargers and Indirect Dischargers » Direct Dischargers are further divided into two types - Municipalities and 9 Industrial Sectors. Direct dischargers are those that place inputs immediately into surface water 20 MISA Program DIRECT DISCHARGERS 3 phases of MISA: » Monitoring Regulations (collect data) » Effluent Limit Regulations (set standards) » Abatement and Enforcement (enforce standards) 21 MISA Program » Phase 1- Monitoring Regulations : has been completed for all industrial sectors for: + analytical procedures + sampling protocols + reporting requirements + frequency of sampling 22 MISA Program » 8-10 discharge terms defined under Phase 1: » Process effluent » Cooling water (contact or non-contact) » Storm water (i.e. runoff) » Waste Disposal Site or Storage Site effluent » Combined effluent (e.g. process + storm) » Final effluent ("very combined" effluent) 23 MISA Program » MISA requires that process effluent, & waste/storage site effluent must be monitored prior to being discharged to a watercourse and prior to any significant dilution. » Parameters to be tested for MISA: 5 Groups: general & conventional (i.e. pH) organics PCBs and Dioxins Open scan Acute Toxicity Testing 24 » MISA also sets out sample handling and initial/ ongoing reporting standards. MISA Program Phase 2 - Effluent Limit Regulation Development: » Purpose: To establish allowable concentrations of substances (chemicals) in effluents based on: » MISA monitoring data, and: best available technology economically achievable (BATEA) » Phase 2 of MISA divided into 2 categories: A - bio accumulative toxic substances » B -other toxic substances · 25 » Kow – n-octanol/ water partition coefficient for 2 phase system consisting of n-octanol and water » most chemicals have a measurable Kow » Kow = Concentration of chemical in Octanol /Concentration of chemical in water » low Kow's indicate chemical is hydrophilic » high Kow's indicate chemical is hydrophobic 26 » - hydrophobic chemicals are bioaccumulate MISA Program » Various other methods and tests used to set standards: » Acute lethality test (rapid response