Impact of the Ontario Drinking Water Regulations on Private Laboratories

1
Impact of the Ontario DrinkingWater Regulations
on Private Laboratories

• Barry Loescher, PhD
• President CCIL

2
Background

• Post Walkerton
• Walkerton Inquiry
• Exonerated Private Labs
• Acknowledged CAEAL accreditation
• Castigated Government

3
Background

• Government Reaction
• Safe Drinking Water Act
• Associated Regulations
• Investigations
• Lab Licensing

4
Background

• Regulations
• Initially Reg 459 505
• Replaced by Reg 170 Treated and Distributed
  Drinking Water
• Schedules 22, 23 and 24
• Reregistration
• Reg 169 Engineers Reports Raw Water
• Ontario Drinking Water Standards Tables 1-4
• Reg 248 Sampling Protocol Document

5
Requirements

• Notification of Exceedences
• Verbal Written required,
• MoH
• MoE
• Waterworks
• Immediate

6
Requirements

• Reporting
• MOE requires all data be reported into their data
  base
• Within 14 days of report

7
Requirements

• Accreditation
• Precondition for analysis
• Audit reports are public domain

8
Initial Status / Impacts

• Unclear Requirements
• Rapidly Drafted Legislation
• What microbiology methods are acceptable?
• What chemistry methods are acceptable?
• What is a Drinking Water Sample?

9
Initial Status / Impacts

• Handholding Required
• Confused uneducated customers
• Uneducated MoE MoH field staff
• The labs have to get it right

10
Initial Status / Impacts

• I E Investigations
• Intimidating approach
• Substantial Fines
• Out of Proportion

11
Initial Status / Impacts

• Increased Administration
• Hours / Notification
• Frustration / Inaccessibility
• Completing Customer Paperwork
• Unfriendly Reporting Website

12
Initial Status / Impacts

• Lab Licensing
• Application
• Fees
• Inspection

13
Current Status / Impacts

• 32 Accredited, Licensed Private Labs
• Readily handling the workload
• 3184 waterworks (May 10 2004)
• Prepared for increased of users
• 15000 - 30000 waterworks 2005 - 2009

14
Current Status / Impacts

• Improvements in Place
• Clarity of application
• Methods Manual
• Approval Scheme
• Notifications easier
• MOH more accessible
• 3 call limit
• DWWS website improved

15
Current Status / Impacts

• Improvements in Place
• Change Notice period shortened
• Lab Inspectors a major improvement over IEB
  police
• Drinking Water Advisory Committee
• Our input Considered

16
Current Status / Impacts

• Improvements in Place
• Good CAEAL audit report process
• After Corrective Actions complete / accepted
• Lab reviews before release to ensure accuracy

17
Current Status / Impacts

• Greatly Increased Administration
• Drinking Water Characterization Form
• Waterworks Category
• Drinking Water System Profile
• Waterworks
• Notification of Lab Services
• Written Authorization to Subcontract
• Sampling Documentation

18
Current Status / Impacts

• Immediate Notification of Exceedences
• Tracking system
• Drinking Water Samples uniquely identified
• Analyst reports to supervisor who reviews and
  validates
• PM notifies, calls and faxes

19
Current Status / Impacts

• LIABILITY
• Up to 6 million / occurrence
• Zero tolerance
• Escalating E O costs
• Labs and Waterworks owners
• Agents of the Crown exempted

20
Future Challenges

• We are operating in an evolving environment
• We Need to Know the Rules of the Game
• Prior knowledge of significant changes
• Ongoing interpretation
• Workload Planning

21
Future Challenges

• LIABILITY
• How onerous will it become?
• How high will EO costs go?

22
Future Challenges

• Uneducated Customers
• Broad range of sophistication
• OCWA
• Joes Campground
• Cant notify or upload without appropriate
  information

23
Future Challenges

• Uneducated Customers
• MOE approach
• Waterworks responsibility
• Reality
• The lab does it
• Handholding required

24
Future Challenges

• MOE LSB has become an Ally
• Subject to the same evolving landscape
• Special thanks to
• Cammy Mack
• Dan Toner
• John Lynch
• Greatly improved communication
• We appreciate your efforts

25
Future Challenges

• MOE LSB has become an Ally
• Doesnt mean we wont continue to present our
  case strongly for Continuous Improvement

26
Conclusion

• The Private Labs are providing
• Prompt and accurate data
• Excellent value
• Proactive service

27
Conclusion

• Were all a lot better at it now .