Declaring a Drinking Water Issue for Private Wells: A Guide Under the Clean Water Act

This blog is not a legal document. Consult the original Clean Water Act for legal details.

How a Source Protection Committee Can Declare a Drinking Water Issue for a Private Well and Implement Protective Policies

Introduction

The Clean Water Act (CWA) in Ontario provides a framework for protecting drinking water sources, including both municipal systems and – with limitations – private wells. While the primary focus of the Act is on municipal systems, provisions allow for the identification and management of drinking water issues related to private wells. This article outlines the process by which a Source Protection Region can declare a drinking water issue for a private well, and the subsequent actions that can be taken to protect the groundwater aquifer.

What are private well clusters?

The Clean Water Act (CWA) defines private well clusters as groups of private wells that are located close together and serve as the primary drinking water source for a community, particularly in rural or semi-rural areas where municipal water services are not available. These clusters are important because the wells are often hydrologically connected, meaning that any contamination or depletion can have significant impacts on the community’s health and well-being.

The Clean Water Act provides a framework for managing the risks associated with private well clusters, if these are explicitly included to a region’s Terms of Reference.  The cluster is then considered as a drinking water system. This would involve evaluating the quality and quantity of the groundwater, identifying potential contamination sources, and assessing the overall risk to the water supply. Source Protection Plans (SPPs) can then incorporate these clusters to ensure that protective measures are in place. This includes identifying vulnerable areas, implementing best management practices, and monitoring water quality to prevent contamination. Community engagement plays a crucial role in managing and protecting private well clusters. Education and outreach programs are implemented to inform residents about the importance of protecting their water supply and the steps they can take to prevent contamination.

Adding a private well cluster to the Terms of Reference

The Clean Water Act applies exclusively to drinking water systems listed in the Terms of Reference. When new systems like a private well cluster need to be added, the process involves several key steps:

1. Initial Proposal: A municipality brings forward a proposal to add a new drinking water system is submitted to the Source Protection Authority.
2. Assessment and Approval: The proposal is assessed for its potential impact on water quality and its alignment with existing source protection plans. The Source Protection Authority and Source Protection Committee review the proposal.
3. Consultation and Engagement: Stakeholders, including municipalities and local communities, are consulted to gather input and address any concerns.
4. Amendments to the Source Protection Plan: If approved, amendments to the Source Protection Plan are made to include the new system.
5. Implementation: Once the amendments are adopted, the new system is subject to the same protections and regulations as existing systems under the Clean Water Act.

We are awaiting clarification for how to add a private well cluster, and implications of doing that.

Identifying a Drinking Water Issue

According to the Clean Water Act, a drinking water issue is identified when there is evidence of the presence of a contaminant in a water source that may result in the deterioration of water quality. The identification process involves monitoring and assessing water quality data.

Quote from the Clean Water Act:

“An issue is identified if there is evidence that a parameter listed in the Ontario Drinking Water Quality Standards has deteriorated, or is likely to deteriorate, to a point where it could have an adverse effect on the health of persons using the water.” (CWA, Section 22)

A Drinking Water Issue is declared by the Source Protection Committee (SPC), a panel of local decision makers appointed to oversee the CWA process.

Steps for Declaring a Drinking Water Issue

1. Data Collection and Assessment: The SPC collects and assesses data on water quality from private wells. This includes testing for contaminants such as nitrates, bacteria, and chemicals.
2. Risk Assessment: If data indicates potential contamination, the SPC conducts a risk assessment to evaluate the likelihood and potential impact of the contaminant on human health.
3. Public Consultation: The SPC engages with the community, especially well owners, to inform them of the findings and gather input on potential risks and mitigation strategies.
4. Issue Declaration: Based on the risk assessment and public consultation, the SPC can formally declare a drinking water issue for the private well.

Quote from the Clean Water Act:

“A Source Protection Committee shall identify areas where activities are, or would be, significant drinking water threats and shall include policies to address those threats in the source protection plan.” (CWA, Section 22)

Developing Policies to Address the Issue

Once a drinking water issue has been declared, the SPC can develop and implement policies to mitigate the threat to the groundwater aquifer. These policies may include:

1. Land Use Restrictions: Imposing restrictions on land use activities that could contribute to groundwater contamination, such as limiting the use of fertilizers and pesticides near the well.
2. Septic System Inspections: Requiring regular inspections and maintenance of septic systems to prevent leaching of contaminants into the groundwater.
3. Public Education: Educating well owners about best practices for well maintenance and contamination prevention.
4. Monitoring and Reporting: Establishing ongoing monitoring programs to regularly assess water quality and ensure the effectiveness of implemented policies.

Implementation and Enforcement

The effectiveness of these policies relies on robust implementation and enforcement mechanisms. The SPC works with local municipalities and other relevant authorities to ensure compliance.

Benefits of Declaring a Drinking Water Issue

1. Enhanced Protection Measures
   • By declaring a drinking water issue for a private well, the SPC can implement targeted measures to protect the groundwater. This includes stricter controls on potential contaminants and better land use practices.
2. Informed Policy Making
   • The data collected during the assessment process informs policy-making, ensuring that the policies are based on scientific evidence and local conditions.
3. Community Engagement
   • The requirement for public consultation ensures that the community is involved in the decision-making process, leading to greater awareness and cooperation among landowners.

Conclusion

The process of declaring a drinking water issue for private wells under the Clean Water Act is a crucial mechanism for protecting groundwater aquifers. By identifying risks, implementing targeted policies, and ensuring continuous monitoring and community engagement, Source Protection Committees play a vital role in safeguarding public health and maintaining the integrity of drinking water sources.

For further details, you can refer to the full text of the Clean Water Act, 2006 and the 2021 Technical Rules to the act.

References:

• Clean Water Act, 2006. Available at: Ontario e-Laws
• South Georgian Bay Lake Simcoe Source Protection Plan. Available at: South Georgian Bay Lake Simcoe Source Protection Region