Application of Health Regulations to Groundwater Barry Boettger [email protected] Provincial Drinking Water Officer Office of the Provincial.

Application of Health Regulations to Groundwater

Barry [email protected] Drinking Water OfficerOffice of the Provincial Health Officer

Objectives

Health outcomesPrinciples behind B.C.’s Action Plan for Safe

Drinking Water Overview of the legislationGroundwater under the influence of surface water

Waterborne Disease Outbreaks1980 - 1990

1980 Nakusp 1987 Black Mountain

1981 100 Mile House 1987 Kamloops

1982 Kimberley 1988 Near Lytton

1984 Chilliwack 1990 Kitimat

1985 Creston 1990 Creston

1986 Penticton 1990 Fernie

1986 Penticton 1990 West Trail/Rossland

Waterborne Disease Outbreaks1990 - 2004

1990 Matsqui 1996 Cranbrook

1991 Barriere 1996 Kelowna

1991* Granisle 1996 Valemount

1991* Fort Fraser 1997 Princeton

1992 Kaslo 1998 Camp Malibu

1993 Ski hill near Fernie 1998 Chilliwack

1995 Victoria 2004 Hagensborg

1995 Revelstoke

* Suspected Outbreaks

0

50

100

150

200

250

300

Month

Mo

nth

ly S

erv

ice

s* P

er

10,0

00

Mean +/- 2 SD (LHA)

Mean 92-99 (LHA)

Princeton LHA

Okanagan-Similkameen HR

HR 4-C (17): MSP Services for Intestinal Infectious Diseases (ICD 001-009), Monthly Rates, Princeton LHA, Okanagan-Similkameen Health Region,

BC, Jan. 1992 - Dec. 1999

* General practitioner physician services as provided on fee-for-service basis through the Medical Services P lan (MSP ). These data represent the number of services, not individuals. Inter-area and intra-area variations must be interpreted with caution, as data relating to physician services utilization may be influenced by many factors, including severity of symptoms, physician access, and diagnostic coding practices.

Note: MSP data are current as of May 25, 2000.

Source: Information Management Group.P repared by: P opulation Health Surveillance and Epidemiology.

Reported* Outstanding Boil-Water Advisories in British Columbia; '95 - '02

Reported Boil Advisories in effect as of:1995 1996 1997 1998 1999 2000 2001 2002

Health Authority June October October November Dec Dec Oct AprilEast Kootenay 18 20 18 10 10 26 26 26Kootenay Boundary 83 80 83 47 54 56 55 78North Okanagan 7 9 5 5 10 14 10 14Okanagan Similkameen 6 7 7 8 11 13 11 26Thompson 19 23 23 34 38 39 40 39Fraser Valley 19 19 18 22 16 24 16 23South Fraser 4 4 1 1 1 2 1 12Simon Fraser 6 6 8 9 9 7 9 12Coast Garibaldi 10 10 10 15 17 18 17 18Central Vancouver Island 29 20 18 20 15 17 15 16Upper Island 12 12 9 9 9 8 11 18Cariboo 4 4 2 2 2 2 2 19North West 2 7 6 6 6 8 6 6Peace Liard 0 0 0 0 0 0 0 0Northern Interior 6 8 7 7 8 9 18 20Vancouver / Richmond 0 0 0 0 0 0 0 0North Shore 7 7 6 4 4 n/a 4 9Capital 12 12 11 7 n/a 4 n/a 2

Total 244 248 232 206 210 247 241 338

* Health authorities report advisories in an ad hoc manner; data may not be complete

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

DWAP Principles

1. The safety of drinking water is a public health issue (Health Services lead)

2. Source protection is a critical part of drinking water protection

3. Providing safe drinking water requires an integrated approach

DWAP Principles

4. All water systems need to be thoroughly assessed to determine risks

5. Proper treatment and water distribution system integrity are important to protect human health

6. Tap water must meet acceptable safety standards and be monitored

DWAP Principles

7. Small systems require a flexible system with safeguards

8. Safe drinking water should be affordable, with users paying appropriate costs

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

- 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.

-Sanitary Regulation –Distance of wells from possible

source of contamination42 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.

- 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.

- Sanitary Regulation -Penalty $100 or imprisonment or

both fine and imprisonment71 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.

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

Drinking Water Protection Act

Passed in 2001 Amended in 2002Brought into force May 2003More refinement expected

harmonizing with groundwater regulations small water supply issues clarification of language related to

certification ticketing

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

Drinking Water Protection ActWell 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.

Groundwater RegulationFloodproofing 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).

Drinking Water Protection Regulation

Treatment5 (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.

Ground water that, in the opinion of a drinking water officer, is at risk of

containing pathogensHydrological evaluation

Water quality analysis;      total coliforms;

        E. coli or faecal coliforms;

        viruses;

        chlorophyll a; or

        protozoan cysts.

Lack of evidence to the contrary

DisinfectionUndefined in legislationPolicy:       4 log (99.99%) removal or inactivation of viruses      3 log (99.9%) removal or inactivation of Giardia and      2 log (99%) removal of Cryptosporidium cysts[1]      ≤ 1 NTU for turbidity             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.

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.

Links

Drinking Water Protection Acthttp://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 Regulationshttp://www.qp.gov.bc.ca/statreg/reg/H/Health/142_59.htm