O. Reg. 461/16: CERTIFICATION OF DRINKING WATER SYSTEM OPERATORS AND WATER QUALITY ANALYSTS

 

ontario regulation 461/16

made under the

Safe Drinking Water Act, 2002

Made: December 14, 2016
Filed: December 15, 2016
Published on e-Laws: December 16, 2016
Printed in The Ontario Gazette: December 31, 2016

Amending O. Reg. 128/04

(CERTIFICATION OF DRINKING WATER SYSTEM OPERATORS AND WATER QUALITY ANALYSTS)

1. (1) Subsection 3 (2) of Ontario Regulation 128/04 is amended by striking out “Schedule 1” and substituting “Schedules 1 to 1.3”.

(2) Clause 3 (4) (a) of the Regulation is amended by striking out “Schedule 1” and substituting “Schedule 1, Schedule 1.1, Schedule 1.2 or Schedule 1.3”.

2. Section 4 of the Regulation is revoked.

3. Subsections 7 (9) to (13) of the Regulation are revoked.

4. (1) Subsection 7.1 (3) of the Regulation is amended by striking out “complies with the training requirements set out in section 29” at the end and substituting “meets the requirements of paragraph 3 of section 4 of Schedule 2”.

(2) Subsection 7.1 (5) of the Regulation is amended by striking out “to (13)” and substituting “to (8)”.

5.  Subsection 8 (3) of the Regulation is revoked.

6. (1) Subsection 9 (3) of the Regulation is revoked.

(2) Clause 9 (4) (c) of the Regulation is revoked and the following substituted:

(c) the applicant has previously held an operator-in-training’s certificate but the applicant has not met the requirements in paragraph 3 of section 4 of Schedule 2.

(3) Subsection 9 (5) of the Regulation is revoked and the following substituted:

(5) An operator-in-training’s certificate expires 36 months after it is issued.

(4) Subsections 9 (6) to (10) of the Regulation are revoked.

(5) Subsection 9 (11) of the Regulation is amended by striking out “Schedule 2 but” and substituting “Schedule 2 and paragraph 3 of section 4 of that Schedule but”.

(6) Subsections 9 (12) to (15) of the Regulation are revoked.

(7) Subsection 9 (16) of the Regulation is amended by striking out “under subsections (10), (11), (12) and (14)” and substituting “in subsection (11)”.

7. Subsection 10 (2) of the Regulation is revoked.

8. The Regulation is amended by adding the following section:

Operator-in-training, specified operations

12.1 (1) Despite section 22, a person who holds a water treatment subsystem operator-in-training’s certificate may operate a limited surface water subsystem or a limited groundwater subsystem but only if the subsystem has an overall responsible operator who holds or is deemed to hold a limited surface water subsystem operator’s certificate or a limited groundwater subsystem operator’s certificate, as applicable.

(2) Despite section 22, a person who holds a water distribution and supply subsystem operator-in-training’s certificate may operate a limited groundwater subsystem but only if the limited groundwater subsystem has an overall responsible operator who holds or is deemed to hold a limited groundwater subsystem operator’s certificate.

9. (1) Subsection 16 (7) of the Regulation is amended by striking out “subsection (5)” and substituting “subsection (6)”.

(2) Subsection 16 (9) of the Regulation is revoked.

10. Subsection 16.1 (4) of the Regulation is amended by striking out “to (9)” and substituting “to (8)”.

11. Subsection 29 (8) of the Regulation is revoked.

12. Sections 30 and 32 of the Regulation are revoked.

13. (1) Section 1 of Schedule 1 to the Regulation is amended by striking out “Table 2 of this Schedule” at the end and substituting “Schedule 1.1”.

(2) Section 2 of Schedule 1 to the Regulation is amended by striking out “Table 3 of this Schedule” at the end and substituting “Schedule 1.2”.

(3) Section 3 of Schedule 1 to the Regulation is amended by striking out “Table 4 of this Schedule” at the end and substituting “Schedule 1.3”.

(4) Subsection 4 (1) of Schedule 1 to the Regulation is amended by striking out “Table 4 of this Schedule” and substituting “Schedule 1.3”.

(5) Tables 2, 3 and 4 of Schedule 1 to the Regulation are revoked.

14. The Regulation is amended by adding the following Schedules:

SCHEDULE 1.1
distribution and supply subsystems (Points System)

1. The number of points applicable to a distribution and supply subsystem is determined by applying the following rules and the Tables set out in this Schedule:

1. The number of points applicable to a distribution and supply subsystem based on its size is the greatest of the following, to a maximum of 10 points:

i. 1 point for every 4,500 cubic metres of average daily design flow.

ii. 1 point for every 4,500 cubic metres of average daily flow in peak month.

iii. 1 point for every 100 kilometres of water main.

2. The number of points applicable to a distribution and supply subsystem based on the size of its piping is the following:

i. 1 point applies for every 10 per cent of the subsystem’s piping that is less than 600 millimetres in diameter, to a maximum of 5 points.

ii. 1 point applies for every 10 per cent of the subsystem’s piping that is 600 millimetres or more in diameter.

3. The number of points applicable to a distribution and supply subsystem with respect to bacteriological and biological laboratory control by subsystem personnel, as determined by applying Table 4 set out in this Schedule, is the greatest of the numbers set out in Column 2 of that Table that applies to the subsystem.

4. The number of points applicable to a distribution and supply subsystem with respect to chemical and physical laboratory control by subsystem personnel, as determined by applying Table 5 set out in this Schedule, is the greatest of the numbers set out in Column 2 of that Table that applies to the subsystem.

Table 1
Points based on Water treatment

Item	Column 1 Water treatment	Column 2 Number of points
1.	Subsystem treats water	5
2.	Subsystem treats water through chlorination or a comparable process	5
3.	Subsystem treats water through pH adjustment	4
4.	Subsystem treats water through stability or corrosion control by chemical addition	4

 

Table 2
Points based on operating systems

Item	Column 1 Operating systems	Column 2 Number of points
1.	Pressures in subsystem are less than 150 psi	2
2.	Pressures in subsystem are 150 psi or more	3
3.	Subsystem has single pressure zone	2
4.	Subsystem has multiple pressure zones with no pressure control	5
5.	Subsystem has multiple pressure zones with pressure control	10
6.	Subsystem has single speed, manually operated pumps	10
7.	Subsystem has single speed, automatically operated pumps	3
8.	Subsystem has variable speed pumps	4
9.	Subsystem has more than one variable speed pump to one pressure zone	2
10.	Subsystem has surge tanks	2
11.	Subsystem has above ground water storage	5
12.	Subsystem has in ground water storage	6
13.	Subsystem has pressure reducing valves	3
14.	Subsystem has pressure relief valves	3
15.	Subsystem has pneumatic control valves	3
16.	Subsystem has motorized valves	3
17.	Subsystem has elevation valves	3

 

Table 3
Points based on subsystem specifications

Item	Column 1 Subsystem specifications	Column 2 Number of points
1.	Water main materials include cement and iron, ductile iron, polyvinyl chloride, asbestos cement or polyethylene	2
2.	Water main materials include concrete pressure pipe	3
3.	Water main materials include steel	3
4.	Water main materials include other materials	3
5.	Non-residential meters on subsystem include flow meters with register only	2
6.	Non-residential meters on subsystem include flow and pressure meters with register and chart	2
7.	Non-residential meters on subsystem include flow and pressure meters in a supervisory control and data acquisition (SCADA) system	3
8.	Subsystem instrumentation has manual controls	3
9.	Subsystem instrumentation has semi-automatic controls	2
10.	Subsystem instrumentation has fully automatic controls	2
11.	Subsystem instrumentation has supervisory control and data acquisition (SCADA) system	3

 

Table 4
Points based on Bacteriological and biological laboratory control by subsystem personnel

Item	Column 1 Bacteriological and biological laboratory control by subsystem personnel	Column 2 Number of points
1.	Subsystem personnel perform bacteriological tests for non-regulatory purposes	4
2.	Subsystem personnel do biological identification	7
3.	Lab work is performed by an accredited laboratory	0

 

Table 5
Points based on chemical and physical laboratory control by subsystem personnel

Item	Column 1 Chemical and physical laboratory control by subsystem personnel	Column 2 Number of points
1.	Subsystem personnel use colorimetric methods to do simple determinations such as pH or chlorine residual	3
2.	Subsystem personnel do alkalinity or hardness determinations, titrations, jar tests, or similar tests	5
3.	Subsystem personnel do determinations for operational parameters (e.g. aluminium) or perform advanced chemical testing beyond regulatory requirements	7
4.	Subsystem personnel perform procedures using very sophisticated instrumentation, such as atomic absorption or gas chromatography	10

 

Schedule 1.2
DISTRIBUTION SUBSYSTEMS (POINTS SYSTEM)

1. The number of points applicable to a distribution subsystem is determined by applying the following rules and the Tables set out in this Schedule:

1. The number of points applicable to a distribution subsystem based on its size is the greatest of the following, to a maximum of 10 points:

i. 1 point for every 4,500 cubic metres of average daily design flow.

ii. 1 point for every 4,500 cubic metres of average daily flow in peak month.

iii. 1 point for every 100 kilometres of water main.

2. The number of points applicable to a distribution subsystem based on the size of its piping is the following:

i. 1 point applies for every 10 per cent of the subsystem’s piping that is less than 600 millimetres in diameter, to a maximum of 5 points.

ii. 1 point applies for every 10 per cent of the subsystem’s piping that is 600 millimetres or more in diameter.

3. The number of points applicable to a distribution subsystem with respect to bacteriological and biological laboratory control by subsystem personnel, as determined by applying Table 4 set out in this Schedule, is the greatest of the numbers set out in Column 2 of that Table that applies to the subsystem.

4. The number of points applicable to a distribution subsystem with respect to chemical and physical laboratory control by subsystem personnel, as determined by applying Table 5 set out in this Schedule, is the greatest of the numbers set out in Column 2 of that Table that applies to the subsystem.

Table 1
Points based on chemical addition

Item	Column 1 Chemical addition		Column 2 Number of points
1.	Re-chlorination within distribution system	5
2.	pH adjustment by chemical addition	4
3.	Stability or corrosion control by chemical addition	4

 

Table 2
Points based on operating systems

Item	Column 1 Operating systems	Column 2 Number of points
1.	Pressures in subsystem are less than 150 psi	2
2.	Pressures in subsystem are 150 psi or more	3
3.	Subsystem has single pressure zone	2
4.	Subsystem has multiple pressure zones with no pressure control	5
5.	Subsystem has multiple pressure zones with pressure control	10
6.	Subsystem has single speed, manually operated pumps	10
7.	Subsystem has single speed, automatically operated pumps	3
8.	Subsystem has variable speed pumps	4
9.	Subsystem has more than one variable speed pump to one pressure zone	2
10.	Subsystem has surge tanks	2
11.	Subsystem has above ground water storage	5
12.	Subsystem has in ground water storage	6
13.	Subsystem has pressure reducing valves	3
14.	Subsystem has pressure relief valves	3
15.	Subsystem has pneumatic control valves	3
16.	Subsystem has motorized valves	3
17.	Subsystem has elevation valves	3

 

Table 3
Points based on subsystem specifications

Item	Column 1 Subsystem specifications	Column 2 Number of points
1.	Water main materials include cement and iron, ductile iron, polyvinyl chloride, asbestos cement or polyethylene	2
2.	Water main materials include concrete pressure pipe	3
3.	Water main materials include steel	3
4.	Water main materials include other materials	3
5.	Non-residential meters on subsystem include flow meters with register only	2
6.	Non-residential meters on subsystem include flow and pressure meters with register and chart	2
7.	Non-residential meters on subsystem include flow and pressure meters in a supervisory control and data acquisition (SCADA) system	3
8.	Subsystem instrumentation has manual controls	3
9.	Subsystem instrumentation has semi-automatic controls	2
10.	Subsystem instrumentation has fully automatic controls	2
11.	Subsystem instrumentation has supervisory control and data acquisition (SCADA) system	3

 

Table 4
Points based on Bacteriological and biological laboratory control by subsystem personnel

Item	Column 1 Bacteriological and biological laboratory control by subsystem personnel	Column 2 Number of points
1.	Subsystem personnel perform bacteriological tests for non-regulatory purposes	4
2.	Subsystem personnel do biological identification	7
3.	Lab work is performed by an accredited laboratory	0

 

Table 5
Points based on chemical and physical laboratory control by subsystem personnel

Item	Column 1 Chemical and physical laboratory control by subsystem personnel	Column 2 Number of points
1.	Subsystem personnel use colorimetric methods to do simple determinations such as pH or chlorine residual	3
2.	Subsystem personnel do alkalinity or hardness determinations, titrations, jar tests, or similar tests	5
3.	Subsystem personnel do determinations for operational parameters (e.g. aluminium) or perform advanced chemical testing beyond regulatory requirements	7
4.	Subsystem personnel perform procedures using very sophisticated instrumentation, such as atomic absorption or gas chromatography	10

 

SCHEDULE 1.3
Water TREATMENT SUBSYSTEMS (POINTS SYSTEM)

1. The number of points applicable to a water treatment subsystem is determined by applying the following rules and the Tables set out in this Schedule:

1. The number of points applicable to a water treatment subsystem based on the population it serves is 1 point for every 10,000 people, to a maximum of 10 points.

2. For every 4,500 cubic metres of flow at a water treatment subsystem, the number of points applicable to the subsystem is 1 point, up to a maximum of 10 points.  The flow at the subsystem is the greater of the following:

i. The average daily design flow.

ii. The average daily flow in peak month.

3. The number of points applicable to a water treatment subsystem based on its water supply source is the following:

i. 3 points apply if the source is groundwater.

ii. 5 points apply if the source is surface water.

4. The number of points applicable to a water treatment subsystem with respect to bacteriological and biological laboratory control by subsystem personnel, as determined by applying Table 4 set out in this Schedule, is the greatest of the numbers set out in Column 2 of that Table that applies to the subsystem.

5. The number of points applicable to a water treatment subsystem with respect to chemical and physical laboratory control by subsystem personnel, as determined by applying Table 5 set out in this Schedule, is the greatest of the numbers set out in Column 2 of that Table that applies to the subsystem.

Table 1
Points based on raw water quality

Item	Column 1 Raw water quality	Column 2 Number of points
1.	Low variation in raw water quality and raw water quality is not subject to serious industrial waste pollution	0
2.	Moderate variation in raw water quality and raw water quality is not subject to serious industrial waste pollution	2
3.	High variation in raw water quality and raw water quality is not subject to serious industrial waste pollution	5
4.	Raw water quality is subject to serious industrial waste pollution	10

 

Table 2
Points based on processes

Item	Column 1 Process used	Column 2 Number of points
1.	Subsystem uses aeration, other than packed tower aeration	2
2.	Subsystem uses packed tower aeration	6
3.	Subsystem uses pH adjustment	4
4.	Subsystem uses stability or corrosion control	4
5.	Subsystem uses taste and odour control	8
6.	Subsystem uses colour control	4
7.	Subsystem uses iron or manganese removal	10
8.	Subsystem uses ion exchange softening	10
9.	Subsystem uses chemical precipitation softening	20
10.	Subsystem uses coagulant addition	4
11.	Subsystem uses flocculation	6
12.	Subsystem uses sedimentation	5
13.	Subsystem uses up flow clarification	14
14.	Subsystem uses filtration	10
15.	Subsystem uses fluoridation	5
16.	Subsystem uses disinfection	5
17.	Subsystem uses chlorine dioxide, chloramines or ozonation for disinfection	5
18.	Subsystem uses other special processes	15
19.	Subsystem has internal treatment of plant sludge	6

 

Table 3
Points based on sludge/backwash water disposal

Item	Column 1 Sludge/backwash water disposal	Column 2 Number of points
1.	No disposal to raw water sources	0
2.	Any disposal to raw water source	2
3.	Any disposal to subsystem raw water	5

 

Table 4
Points based on Bacteriological and biological laboratory control by subsystem personnel

Item	Column 1 Bacteriological and biological laboratory control by subsystem personnel	Column 2 Number of points
1.	Subsystem personnel perform bacteriological tests for non-regulatory purposes	4
2.	Subsystem personnel do biological identification	7
3.	Lab work is performed by an accredited laboratory	0

 

Table 5
Points based on chemical and physical laboratory control by subsystem personnel

Item	Column 1 Chemical and physical laboratory control by subsystem personnel	Column 2 Number of points
1.	Subsystem personnel use colorimetric methods to do simple determinations such as pH or chlorine residual	3
2.	Subsystem personnel do alkalinity or hardness determinations, titrations, jar tests, or similar tests	5
3.	Subsystem personnel do determinations for operational parameters (e.g. aluminium) or perform advanced chemical testing beyond regulatory requirements	7
4.	Subsystem personnel perform procedures using very sophisticated instrumentation, such as atomic absorption or gas chromatography	10

 

15. (1) Paragraph 3 of subsection 1 (1) of Schedule 2 to the Regulation is revoked.

(2) Subsection 1 (2) of Schedule 2 to the Regulation is revoked.

(3) Paragraph 3 of section 4 of Schedule 2 to the Regulation is amended by striking out “for an operator-in-training, unless the person held an operator-in-training licence on August 1, 2005” and substituting “and must have obtained a mark that the Director considers satisfactory in the course”.

(4) Paragraph 4 of subsection 6 (1) of Schedule 2 to the Regulation is amended by striking out “Class III” and substituting “Class II, Class III”.

16. Section 1 of Schedule 4 to the Regulation is revoked.

Commencement

17. This Regulation comes into force on the later of July 1, 2017 and the day it is filed.