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 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 Committee (SPC) can declare a drinking water issue for a private well, and the subsequent actions that can be taken to protect the groundwater aquifer.

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)

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