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For Immediate Release
2002-12-02
For further information contact:
Allen Lucas, P.Eng., 546-1181 ext. 2250 or Jim Keech, P.Eng., President and CEO, 546-1181 ext. 2217
UTILITIES KINGSTON ENDORSES
SAFE DRINKING WATER ACT
Utilities Kingston and the City of Kingston announced today that they endorse the proposed Safe Drinking Water Act 2002. However, they have raised concerns, as outlined in their submission to the
Ontario government, through the Environmental Bill of Rights Registry, which they trust will be given consideration in future drafting of the legislation.
Safe, clean, water is a vital element in the daily lives of every Kingston resident. To ensure the safe and uninterrupted supply of clean water to Kingston residents, Utilities Kingston staff operates
two filtration plants. Each plant is designed to deliver this essential service to the community in a reliable, cost-effective and environmentally sound manner.
In keeping with its commitment to safeguard Ontario's drinking water, the Ontario government consulted with the public and stakeholders in September on technical details concerning the implementation
of a proposed Safe Drinking Water Act. In the Part Two Report of the Walkerton Inquiry, Commissioner Dennis O'Connor recommended that the Ontario government enact a Safe Drinking Water Act to deal
with matters related to treatment and distribution of drinking water.
A detailed review of the proposed Safe Drinking Water Act, 2002, was completed by Utilities Kingston staff and presented to the City of Kingston Council. Utilities Kingston has concerns with a number
of the components, as presented, which are briefly outlined below.
The Utility and Municipality agree that the people of Ontario should have confidence in the water provided to them, irrespective of the water source, an individual's location within a system and the
operating authority in control. Ontario must take pride in the hundreds of municipally owned systems, which produce and deliver millions of cubic metres of safe potable water to the public on a daily
basis. Regulations are essential for setting minimum standards for water to ensure public protection. However, such regulations need not be developed to the point where they are seen as
micromanagement.
Municipalities and Operating Authorities must be given the basic right to manage, staff, operate and finance the water and waste water systems in a manner, which meets or is better than the minimum
regulated standards. In order for this to be possible, consultation must happen with all stakeholders in a timely fashion in the development and implementation of changes to standards. It is
appropriate for Owners, Operators, Scientists, Engineers, Health Professionals and special interest groups to be involved in developing standards that are based on sound financial and scientific bases,
which can technically be implemented within a reasonable period.
The Safe Drinking Water Act, the first step in providing public confidence in their drinking water:
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Recognizes that safe drinking water is a basic human entitlement and essential for the protection of public health;
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Extends the current mandatory reporting and notification requirements to include the system owner by the operating authority, in addition to water users, local medical health officers and the Minister
of Environment, with strict penalties for failing to comply;
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Makes it an offence to pollute the drinking water system;
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Gives Ontarians the right to sue to recover damages and to seek judicial review of decisions made by the Minister of Environment;
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Establishes a Chief Inspector and an Advisory Council on Drinking Water Quality and Testing to conduct research on water issues;
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Creates a Safe Drinking Water electronic registry where Ontarians can readily obtain information about the quality of water in their community;
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Will establish standards for the current unregulated practice of transportation and delivery of drinking water in bulk quantities.
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Provides clarification of responsibilities of Owners and Operating Authorities.
Utilities Kingston believes that drinking water standards should be high enough that all Kingstonians feel safe drinking the water. Utilities Kingston endorses the proposed Safe Drinking Water Act
2002, yet they have raised a number of concerns to the government that they hope will be given consideration in future drafting of the legislation. These include:
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Regulations need not be developed to the point where they are seen as micromanagement of local systems by MOE;
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The definition provided for "drinking water health hazard" is so broadly written that it may be open to interpretation and could lead to wide differences in interpretation by inspectors, which result
in unwarranted charges or orders being issued;
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Ensuring that we, and others, can continue to operate our systems, provide continuous improvements and not overburden the operations with paperwork to the detriment of providing quality service and
water;
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Ambiguity with respect to much of the details for implementation that will be tied to the regulations which have not been developed and, when developed must be attainable within a responsible time
line which takes due consideration to the ability to finance, measure or monitor to meet specific requirements;
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A defined agency or process for accrediting Operating Authorities is lacking and there is potential for such oversight to be handed to an entity or department whose prime function is not in service to
the water industry or who has no prior knowledge of the industry;
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The requirement for permits and licenses, in addition to Certificates of Approval and Permits to Take Water, is an added tax on the users of the systems and should be replaced by a single permit
issued for each authority which streamlines the process for system upgrades and improvements;
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Potential conflict under the Act and respective regulations between the Ministry of Environment setting quality standards, defining operational requirements such as staffing and dictating consumer
charges under the Financial Plans, while limiting the ability of an owner to generate funds in an appropriate manner;
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A lack of definition of requirements with respect to testing and reporting for unlisted substances where an Owner or Operating Authority is participating in a study for research purposes; and
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The use of Administrative Penalties as a means of promoting this act and safe drinking water in the province may be deemed a tax on the water systems, directing limited resources from implementation
of improvements to pay for government programs.
We look forward to working with the Ministry of the Environment in the development of standards and requirements.
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