Drinking Water Quality Standards Regulation

Drinking Water Quality Standards Regulation, M.R. 41/2007 The Drinking Water Safety Act , C.C.S.M. c. D101 Regulation 41/2007 Registered February 28, 2007 bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions DRINKING WATER QUALITY STANDARDS 2 Drinking water quality standards 3 Bacteriological standards 4 Microbial standards 5 Chemical and radiological standards 6 Physical standards 7 Guidelines for Canadian Drinking Water Quality COMPLIANCE PLANS AND COMING INTO FORCE 8 Compliance plans: public water supplier 9 Repealed 10 Compliance plans: semi-public water supplier 10.1 Sampling requirements not affected 11 Coming into force Schedule A Corrective action for failure to comply with a bacteriological standard B Chemical standards for public water systems C Corrective action for failure to comply with a microbial, chemical, radiological or physical standard DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Drinking Water Safety Act . («  Loi  ») "background bacteria" means bacterial colonies formed by heterotrophic bacteria, other than those sought to test the bacteriological safety of water. (« bactéries de fond ») "E. coli" means Escherichia coli . (« bactérie E. coli  ») "groundwater under the direct influence of surface water" or "GUDI" means groundwater under the direct influence of surface water within the meaning of sections 1 and 2 of the Drinking Water Safety Regulation . (« eau souterraine sous l'influence directe de l'eau de surface » ou « ESSID ») "heterotrophic bacteria" means bacteria that must consume carbon-based compounds to survive. (« bactéries hétérotrophes ») "heterotrophic plate count" or "HPC" means the method of determining the general bacterial content in a water sample by determining the number of visible bacterial colonies that arise when the sample is added to a growth medium and incubated under standardized temperature, time and atmospheric conditions. (« dénombrement sur plaque des bactéries hétérotrophes » ou « DBH ») "inactivate" means to render an organism incapable of reproducing. (« inactiver ») "membrane filtration analysis" means the method of determining the number of bacteria in a water sample by filtering the sample through a membrane filter of sufficiently small pore size to retain the organisms sought, placing the filter in a membrane filtration plate for incubation and growth, and then counting the number of colony forming units. (« analyse par filtration sur membrane ») "membrane filtration plate" means a sterile petri dish into which a membrane filter is placed and an appropriate growth medium is added. (« plaque de filtration sur membrane ») "microbial standards" includes drinking water quality standards for viruses, Cryptosporidium parvum , Giardia lamblia and other protozoa, but does not include bacteriological standards. (« normes microbiennes ») "NTU" means Nephelometric Turbidity Units. (« UTN ») "operating licence" means a licence to operate a water system issued under the Drinking Water Safety Regulation . (« licence d'exploitation ») "seasonal public water system" means a public water system that provides water for not more than 180 days per year. (« réseau public d'alimentation saisonnière en eau ») "total coliform" means "total coliform bacteria" as defined in the latest edition of Standard Methods for the Examination of Water and Wastewater , published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation. (« coliformes totaux ») "water distribution system" means the part of a water system that is designed for or used in the storage, distribution or delivery of potable water for domestic purposes, and that is, (a) in the case of a water system that treats or disinfects water but does not have a re-disinfection facility, downstream of the last location where water is treated or disinfected; (b) in the case of a water system that treats or disinfects water and has a re-disinfection facility, downstream of the last location where water is disinfected or re-disinfected before it is delivered to the first user of the system; and (c) in the case of a semi-public water system that does not treat or disinfect water, downstream of the well that serves as the source or entry point of the water supply for the system. (« système de distribution d'eau ») M.R. 14/2017 DRINKING WATER QUALITY STANDARDS Drinking water quality standards 2 The standards specified in sections 3 to 6 are drinking water quality standards for the purposes of the Act. BACTERIOLOGICAL STANDARDS Bacteriological standards 3(1) Every public water supplier and semi-public water supplier must ensure that all water in the water distribution system meets the following bacteriological standards: (a) less than one E. coli detectable per 100 ml; (b) less than one total coliform detectable per 100 ml; (c) where membrane filtration analysis is the primary method to test the bacteriological safety of the water, (i) background bacteria concentrations on a total coliform membrane filtration plate of less than 200 organisms per 100 ml, and (ii) heterotrophic plate counts of less than 500 HPC colonies per ml. Deemed compliance 3(2) If water in a water distribution system does not meet a standard specified in clause (1)⁠(b) or (c), the water supplier is deemed to have complied with the standard if the water supplier takes the corrective action described in Schedule A for that standard. Laboratory must give immediate notification 3(3) For greater certainty, nothing in subsection (2) affects the obligation under clause 22(2)⁠(b) of the Act for a laboratory to give immediate notification where an analysis indicates that a sample does not meet a drinking water quality standard. Multiple positive samples or high readings 3(4) Subsection (2) does not apply (a) if any sample has a concentration of total coliform greater than 10 total coliform per 100 ml; (b) if consecutive samples taken from the same point in the water distribution system test positive for total coliform; or (c) if the number of samples taken in a four-week period or in a month (i) is 10 or more, and analyses show that more than 10% of the samples test positive for total coliform, or (ii) is fewer than 10, and analyses show that two or more samples test positive for total coliform. Corrective action sampling not to be considered 3(5) Samples taken during corrective action pursuant to Schedule A that test positive for total coliform are not to be considered samples for the purpose of clauses (4)⁠(b) and (c). MICROBIAL STANDARDS Public water systems: microbial standards 4(1) A public water supplier in relation to a water system that uses surface water or GUDI as its water supply source must ensure that it has in place, and maintains in effective working order, filtration and disinfection equipment and controls designed to ensure that all water entering the water distribution system meets the following microbial standards: (a) reduction or inactivation of 99.9% of Cryptosporidium oocysts and Giardia lamblia cysts; (b) reduction or inactivation of 99.99% of viruses. Variation of Cryptosporidium standard: high quality water 4(2) Despite clause (1)⁠(a), if the director is of the opinion that the chance of Cryptosporidium oocysts entering a water distribution system is remote due to the high quality of the water supply, the director may vary the standard in clause (1)⁠(a) for a water system to a 99% reduction or inactivation of Cryptosporidium oocysts. Variation of Cryptosporidium standard: low quality water 4(3) Despite clause (1)⁠(a), if the director is of the opinion, based on source water quality monitoring data, that elevated concentrations of Cryptosporidium oocysts exist in the water supply source, the director may vary the standard in clause (1)⁠(a) for a water system, in relation to Cryptosporidium , to a higher percentage. Variation must be in operating licence 4(4) A variation under subsection (2) or (3) is not valid unless it is included in the operating licence for the water system. Deemed compliance 4(5) If water entering a water distribution system does not meet a standard referred to in subsections (1) to (3), the water supplier is deemed to have complied with the standard if the water supplier takes the corrective action described in Schedule C for that standard. Laboratory must give immediate notification 4(6) For greater certainty, nothing in subsection (5) affects the obligation under clause 22(2)⁠(b) of the Act for a laboratory to give immediate notification where an analysis indicates that a sample does not meet a drinking water quality standard. Semi-public water systems: microbial standards 4(7) A semi-public water supplier must ensure that all water in the water system meets every microbial standard that may be specified in the operating licence for the water system. CHEMICAL AND RADIOLOGICAL STANDARDS Public water systems: chemical and radiological standards 5(1) A public water supplier must ensure that all water in the water distribution system meets (a) each chemical standard specified in Schedule B that applies to the water system; and (b) the additional chemical standards, or radiological standards, if any, specified in the operating licence for the water system. Deemed compliance 5(2) Despite subsection (1), if water in a water distribution system does not meet a standard referred to in that subsection, the water supplier is deemed to have complied with the standard if the water supplier takes the corrective action described in Schedule C for that standard. Laboratory must give immediate notification 5(3) For greater certainty, nothing in subsection (2) affects the obligation under clause 22(2)⁠(b) of the Act for a laboratory to give immediate notification where an analysis indicates that a sample does not meet a drinking water quality standard. Seasonal public water systems 5(3.1) Subsection (1) does not apply in relation to a seasonal public water system. Instead, a water supplier in relation to a seasonal public water system must ensure that all water in the water distribution system meets every chemical and radiological standard that is specified in the operating licence for the water system. Semi-public water systems: chemical and radiological standards 5(4) A semi-public water supplier must ensure that all water in the water system meets every chemical and radiological standard that may be specified in the operating licence for the water system. M.R. 14/2017 PHYSICAL STANDARDS Public water systems: physical standards 6(1) A public water supplier in relation to a water system that uses surface water or GUDI as its water supply source must ensure that all water entering the treated water reservoir, and at each other location in the water system as may be specified in the operating licence for the system, meets the following physical standards: (a) in the case of a water treatment plant employing chemically assisted filtration, water turbidity levels must (i) be less than or equal to 0.3 NTU in at least 95% of the measurements made in a month, (ii) be less than or equal to 0.3 NTU at least 95% of the time in a month, (iii) not exceed 0.3 NTU for more than 12 consecutive hours, and (iv) not exceed 1.0 NTU at any time; (b) in the case of a water treatment plant employing membrane filtration, water turbidity levels must (i) be less than or equal to 0.1 NTU in at least 99% of the measurements made in a month, (ii) be less than or equal to 0.1 NTU at least 99% of the time in a month, and (iii) not exceed 0.3 NTU at any time; (c) in the case of slow sand filtration or diatomaceous earth filtration, water turbidity levels must (i) be less than or equal to 1.0 NTU in at least 95% of the measurements made in a month, (ii) be less than or equal to 1.0 NTU at least 95% of the time in a month, (iii) not exceed 1.0 NTU for more than 12 consecutive hours, and (iv) not exceed 3.0 NTU at any time; (d) in the case of a filtration technology other than one mentioned in clause (a), (b) or (c), pilot studies, or equivalent studies from other jurisdictions, must demonstrate to the satisfaction of the director that, when used in combination with disinfection, the filtration technology is able to meet the physical standards specified by the director and the microbial standards referred to in subsections 4(1) to (3). Deemed compliance 6(2) Despite subsection (1), if water in a water system does not meet a standard referred to in that subsection, the water supplier is deemed to have complied with the standard if the water supplier takes the corrective action described in Schedule C for that standard. Alternative requirements for systems with a high quality water source 6(3) Despite subsection (1), a public water supplier in relation to a water system that uses surface water or GUDI as its water supply source is not subject to the standards specified in that subsection, if the following are satisfied: (a) subject to clause (c), microbial reduction or inactivation is met by the use of two or more disinfection methods, which reliably achieve the following reduction or inactivation rates in the water supply: (i) 99% reduction or inactivation of Cryptosporidium oocysts, (ii) 99.9% reduction or inactivation of Giardia lamblia cysts, (iii) 99.99% reduction or inactivation of viruses; (b) background levels of Cryptosporidium oocysts and Giardia lamblia cysts in the water supply source are established by monitoring at least once every three months, and more frequently during periods of high water levels due to spring runoff, heavy precipitation events or flooding; (c) monitoring under clause (b) indicates that mean water supply source concentrations of combined oocysts and cysts are not greater than 1 oocyst or cyst per 100 L of water, and disinfection reliably exceeds the reduction or inactivation rates in the water supply specified in clause (a); (d) before the point where disinfectant is applied, (i) the concentration of E. coli in the water supply does not exceed 20 organisms per 100 ml of water, or (ii) if data on the concentration of E. coli is unavailable, the total coliform concentration does not exceed 100 organisms per 100 ml of water, in at least 90% of the weekly samples from the previous six-month period; (e) before the point where disinfectant is applied, average daily turbidity levels in the water supply, measured at equal intervals at least once every four hours, are less than 1.0 NTU, and do not exceed 5.0 NTU for more than two days in a 12-month period; (f) to minimize the potential for fecal contamination of the water supply source, a watershed control program acceptable to the director is maintained, that controls discharges of pollutants in the watershed, and includes other measures to protect the watershed. Alternative requirements — GUDI 6(4) Despite subsection (1), a public water supplier in relation to a water system that uses GUDI as its water supply source is not subject to the standards specified in that subsection if (a) the director is of the opinion that the turbidity of the water supply is primarily due to inorganic materials and does not present a health risk to users of the water system; and (b) the operating licence specifies the varied drinking water quality standards for water turbidity for the water system. Semi-public water systems: physical standards 6(5) A semi-public water supplier must ensure that water entering the water system meets any drinking water quality standards for water turbidity that may be specified in the operating licence for the water system. Guidelines for Canadian Drinking Water Quality 7(1) Subject to subsection (2), a standard specified in an operating licence and referred to in (a) subsection 4(7); (b) clause 5(1)⁠(b); (c) subsection 5(4); or (d) subsection 6(5); must be consistent with the guideline, if any, for that parameter contained in the latest edition of the Guidelines for Canadian Drinking Water Quality , published by Health Canada. Medical officer may recommend varied standard 7(2) A standard that is inconsistent with the guidelines referred to in subsection (1) may be specified in an operating licence only if it is recommended by a medical officer. COMPLIANCE PLANS AND COMING INTO FORCE Compliance plans: public water supplier 8 The director may require a public water supplier that is not in compliance with a drinking water quality standard referred to in sections 4 to 6 to submit a plan to the director, in the form and within the time required by the director, that details when and how the water supplier will come into compliance with the standard. M.R. 14/2017 9 [Repealed] M.R. 14/2017 Compliance plans: semi-public water supplier 10 The director may require a semi-public water supplier that is not in compliance with a drinking water quality standard specified in its operating licence to submit a plan to the director, in the form and within the time required by the director, that details when and how the water supplier will come into compliance with the standard. M.R. 14/2017 Sampling requirements not affected 10.1 Nothing in sections 8 or 10 affects any requirement that a water supplier has under the Drinking Water Safety Regulation to collect water samples and submit them to a laboratory to be analyzed for compliance with the standards referred to in those sections. M.R. 14/2017 Coming into force 11 This regulation comes into force on the same day that subsections 8(1), (3), (4) and (5) and sections 3, 7, 9, 10, 20 to 25 and 30 of The Drinking Water Safety Act , S.M. 2002, c. 36, come into force. SCHEDULE A (Subsection 3(2)) CORRECTIVE ACTION FOR FAILURE TO COMPLY WITH A BACTERIOLOGICAL STANDARD DEFINITIONS SCHEDULE B (Subsection 5(1)) CHEMICAL STANDARDS FOR PUBLIC WATER SYSTEMS Chemical Parameter Maximum acceptable concentration (mg/L), if the water supply is: surface water Maximum acceptable concentration (mg/L), if the water supply is: groundwater; or groundwater under the direct influence of surface water (GUDI) arsenic 0.010 benzene 0.005 bromate 0.01 1, 2 0.01 1, 2 chlorate 1 1, 3 1 1, 3 chlorite 1 1, 3 1 1, 3 ethylbenzene 0.14 fluoride 1.5 haloacetic acids (HAA5) 0.08 1 for GUDI: 0.08 1 lead 0.005 5 0.005 5 manganese 0.12 0.12 nitrate as nitrate: 45 as nitrogen: 10 nitrite as nitrite: 3 as nitrogen: 1 N -nitrosodimethylamine (NDMA) 0.00004 1, 4 0.00004 1, 4 tetrachloroethylene 0.01 toluene 0.06 total microcystins 0.0015 total trihalomethanes (TTHM) 0.1 1 for GUDI: 0.1 1 total xylenes 0.09 trichloroethylene 0.005 uranium 0.02 SCHEDULE C (subsections 4(5), 5(2) and 6(2)) CORRECTIVE ACTION FOR FAILURE TO COMPLY WITH A MICROBIAL, CHEMICAL, RADIOLOGICAL OR PHYSICAL STANDARD