jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation: ground water under direct influence of surface water
 2. (1) A drinking water system that obtains water from a raw water supply that is ground water under the direct influence of surface water is deemed, for the purposes of this Regulation, to be a drinking water system that obtains water from a raw water supply that is surface water.  O. Reg. 170/03, s. 2 (1). (2) The following drinking water systems are deemed, for the purposes of this Regulation, to be drinking water systems that obtain water from a raw water supply that is ground water under the direct influence of surface water: 1. A drinking water system that obtains water from a well that is not a drilled well or from a well that does not have a watertight casing that extends to a depth of six metres below ground level. 2. A drinking water system that obtains water from an infiltration gallery. 3. A drinking water system that is not capable of supplying water at a rate greater than 0.58 litres per second and that obtains water from a well, any part of which is within 15 metres of surface water. 4. A drinking water system that is capable of supplying water at a rate greater than 0.58 litres per second and that obtains water from an overburden well, any part of which is within 100 metres of surface water. 5. A drinking water system that is capable of supplying water at a rate greater than 0.58 litres per second and that obtains water from a bedrock well, any part of which is within 500 metres of surface water. 6. A drinking water system that exhibits evidence of contamination by surface water. 7. A drinking water system in respect of which a written report has been prepared by a licensed engineering practitioner or professional hydrogeologist that concludes that the system’s raw water supply is ground water under the direct influence of surface water and that includes a statement of his or her reasons for reaching that conclusion.  O. Reg. 170/03, s. 2 (2); O. Reg. 418/09, s. 1 (5). (3) Subsection (2) does not apply to a drinking water system if, (a) a written report prepared after August 1, 2000 by a licensed engineering practitioner or professional hydrogeologist concludes that the raw water supply is not ground water under the direct influence of surface water and the report includes a statement of his or her reasons for reaching that conclusion; and (b) in the case of a drinking water system that requires an approval, drinking water works permit or municipal drinking water licence, the Director agrees that the raw water supply is not ground water under the direct influence of surface water.  O. Reg. 170/03, s. 2 (3); O. Reg. 418/09, ss. 1 (5), 2. (4) A drinking water system that obtains water from a raw water supply that is surface water is deemed, for the purposes of this Regulation, not to be a drinking water system that obtains water from a raw water supply that is ground water.  O. Reg. 170/03, s. 2 (4).
Interpretation: open designated facilities and public facilities
 3. (1) For the purposes of this Regulation, a school or private school is open on a day if, at any time during that day, programs for children under 18 years of age are held at the school or private school.  O. Reg. 170/03, s. 3 (1). (2) For the purposes of this Regulation, a designated facility other than a school or private school is open on a day if, at any time during that day, any of the persons that the facility serves, cares for or provides programming for are present at the facility.  O. Reg. 170/03, s. 3 (2). (3) For the purposes of this Regulation, a public facility is open on a day unless persons served by the facility are denied access to the facility during the entire day.  O. Reg. 170/03, s. 3 (3). (4) For the purposes of this Regulation, a place that is both a designated facility and a public facility is open on a day, despite subsections (1) to (3), if, (a) as a designated facility, it is open on that day, according to subsection (1) or (2), whichever is applicable; or (b) as a public facility, it is open on that day, according to subsection (3).  O. Reg. 249/03, s. 2.
Application
 4. Unless otherwise provided, this Regulation applies to the drinking water systems referred to in the following Table, with each row of the Table setting out the Schedules to this Regulation that apply to the drinking water systems referred to in that row: TABLE   application of schedules Item   Drinking Water Systems   Applicable Schedules - Treatment   Applicable Schedules - Operational Checks, Sampling and Testing   Applicable Schedules - Adverse Test Results and Other Problems   Applicable Schedules - Reports   Applicable Schedules - Chemical Testing Parameters 

  1.   Large municipal residential systems   1   6, 7, 10, 13, 15.1   16, 17   22   23, 24 

  2.   Small municipal residential systems   1, 3   6, 7, 11, 13, 15.1   16, 18, 19   22   23, 24 

  3.   Large municipal non-residential systems   2, 3   6, 8, 12, 15, 15.2   16, 18, 19   21   23, 24 

  4.   Small municipal non-residential systems   2, 3   6, 9, 12, 15, 15.2   16, 18, 19   21   23, 24 

  5.   Non-municipal year-round residential systems   2, 3   6, 8, 11, 13, 15.1   16, 18, 19   21   23, 24 

  6.   Non-municipal seasonal residential systems   2, 3   6, 9, 12, 15, 15.2   16, 18, 19   21   23, 24 

  7.   Large non-municipal non-residential systems   2, 3   6, 8, 12, 15, 15.2   16, 18, 19   21   23, 24 

  8.   Small non-municipal non-residential systems   2, 3   6, 9, 12, 15, 15.2   16, 18, 19   21   23, 24 O. Reg. 170/03, s. 4; O. Reg. 247/06, s. 2; O. Reg. 399/07, s. 1; O. Reg. 458/16, s. 2.
Exemptions: certain systems that do not serve designated facilities
 4.1 This Regulation, except section 8.0.1, does not apply to any of the following drinking water systems unless the system serves a designated facility: 1. Large municipal non-residential systems. 2. Small municipal non-residential systems. 3. Non-municipal seasonal residential systems. 4. Large non-municipal non-residential systems. 5. Small non-municipal non-residential systems.  O. Reg. 253/05, s. 2; O. Reg. 326/08, s. 2.
Water obtained through transportation
 5.1 (1) If a drinking water system to which an exemption set out in section 5 applies obtains water through transportation, the transported drinking water must be stored in a container that is constructed and maintained in a manner that prevents surface water and other foreign materials from coming into contact with the drinking water.  O. Reg. 418/09, s. 4. (2) If a non-municipal year-round residential system obtains all of its water through transportation, Schedule 21 does not apply to the system that obtains the water.  O. Reg. 418/09, s. 4. (3) If a non-municipal seasonal residential system obtains all of its water through transportation, Schedule 21 does not apply to the system that obtains the water.  O. Reg. 418/09, s. 4.
Exemptions: non-residential systems connected to other systems
 6. (1) This Regulation, except section 8.1, subsection 9 (1), sections 9.1, 10 and 10.1 and subsections 11 (2.1), (8) and (9), does not apply to a drinking water system listed in subsection (2) if, (a) the drinking water system is connected to and receives all of its drinking water from another drinking water system to which this Regulation does apply; (a.1) the drinking water system from which the drinking water is obtained provides primary disinfection in accordance with section 1-3 of Schedule 1 or section 2-3 of Schedule 2, or provides filtration and primary disinfection in accordance with section 1-4 of Schedule 1 or section 2-4 of Schedule 2; (b) the drinking water system from which the drinking water is obtained provides secondary disinfection in accordance with section 1-5 of Schedule 1 or section 2-5 of Schedule 2; and (c) the owner of the drinking water system from which the water is obtained has agreed in writing, (i) to ensure that the treatment equipment that provides the secondary disinfection referred to in clause (b) is operated so that, at all times and at all locations within the distribution system of the system that obtains the water, (A) the free chlorine residual is never less than 0.05 milligrams per litre, if the drinking water system from which the water is obtained provides chlorination and does not provide chloramination, or (B) the combined chlorine residual is never less than 0.25 milligrams per litre, if the drinking water system from which the water is obtained provides chloramination, (ii) to sample and test the water in the distribution system of the system that obtains the water as if it were part of the distribution system of the system from which the water is obtained, and (iii) to comply with Schedule 15.2 on behalf of the owner of the system that obtains the water and the operating authority for the system.  O. Reg. 170/03, s. 6 (1); O. Reg. 269/03, s. 3; O. Reg. 253/05, s. 3; O. Reg. 247/06, s. 4 (1, 2); O. Reg. 399/07, s. 3. (2) The exemption provided by subsection (1) applies to the following drinking water systems: 1. A large municipal non-residential system. 2. A small municipal non-residential system. 3. A large non-municipal non-residential system. 4. A small non-municipal non-residential system.  O. Reg. 170/03, s. 6 (2). (3) If a drinking water system obtains water from another drinking water system and the owner of the system from which water is obtained has agreed in writing to do anything referred to in subclauses (1) (c) (i) and (ii), the owner shall comply with the agreement.  O. Reg. 247/06, s. 4 (3).
Exemptions: warning notices for systems and users without electricity, etc.
 8. (1) Subject to subsections (2) and (5), this Regulation does not apply to a drinking water system if, (a) the owner of the system posts warning notices in accordance with subsection (6); (b) the owner of the system complies with subsections (8) and (9); (c) all drinking water fountains that are connected to the drinking water system have been rendered inoperative; and (d) the owner of the system has notified the Director in writing that the steps described in clauses (a) and (c) have been taken.  O. Reg. 170/03, s. 8 (1); O. Reg. 249/03, s. 4 (1, 2); O. Reg. 165/04, s. 2 (1); O. Reg. 253/05, s. 4 (1). (2) Subsection (1) applies to a drinking water system only if the system does not use electricity and does not serve any building or other structure that uses electricity.  O. Reg. 253/05, s. 4 (2). (3), (4) Revoked:  O. Reg. 253/05, s. 4 (2). (4.1), (4.2) Revoked:  O. Reg. 253/05, s. 4 (2). (5) The exemption provided by subsection (1) does not apply to the following provisions: 1. Sections 8.1, 9, 9.1, 10 and 10.1. 2.  Revoked: O. Reg. 458/16, s. 5. O. Reg. 170/03, s. 8 (5); O. Reg. 253/05, s. 4 (3); O. Reg. 247/06, s. 6 (1); O. Reg. 458/16, s. 5. (6) A warning notice must be posted at every tap that supplies water from the drinking water system in a location where it is likely to come to the attention of all users and potential users of the tap.  O. Reg. 170/03, s. 8 (6). (7) Revoked:  O. Reg. 165/04, s. 2 (5). (8) The owner of the drinking water system shall ensure that the warning notices are checked at least once a week to ensure that they are legible and comply with this section.  O. Reg. 170/03, s. 8 (8). (8.1) The owner of the drinking water system shall ensure that a check that is done during a week for the purpose of subsection (8) is done at least five days, and not more than 10 days, after a check that was done for that purpose in the previous week.  O. Reg. 247/06, s. 6 (2). (9) The owner of the drinking water system shall ensure that, (a) every time the warning notices are checked under subsection (8), a record is made of the date and time and of the name of the person who performed the check; and (b) the records referred to in clause (a) are kept for at least 12 months at a location where they can conveniently be viewed by a provincial officer who is inspecting the warning notices.  O. Reg. 170/03, s. 8 (9); O. Reg. 247/06, s. 6 (3). (10) Nothing in this section relieves any person of any obligation to provide potable water or water that meets the standards prescribed by the Ontario Drinking Water Quality Standards.  O. Reg. 170/03, s. 8 (10).
Systems regulated under the Health Protection and Promotion Act
 8.0.1 The Act, except sections 1, 2, 3, 6, 7, 8, 10, 18.1, 20, 62 to 80, 100, 104, 108, 109, 110, 118 and 122 to 170, does not apply in respect of a small drinking water system within the meaning of the Health Protection and Promotion Act.  O. Reg. 326/08, s. 3.
Exemption from certified operator requirement of Act
 8.1 (1) Section 12 of the Act does not apply to a person operating a municipal drinking water system unless the system is, (a) a large municipal residential system; (b) a small municipal residential system; or (c) a large municipal non-residential system.  O. Reg. 249/03, s. 5; O. Reg. 418/09, s. 6 (1). (2) Section 12 of the Act does not apply to a person operating a large municipal non-residential system if, pursuant to section 6 or 7 of this Regulation, provisions of this Regulation do not apply to the system.  O. Reg. 249/03, s. 5; O. Reg. 418/09, s. 6 (2). (3) Section 12 of the Act does not apply to a person operating a non-municipal year-round residential system if, (a) pursuant to subsection 5 (2) of this Regulation, provisions of this Regulation do not apply to the system; and (b) the system does not rechlorinate the water it obtains.  O. Reg. 269/03, s. 5; O. Reg. 418/09, s. 6 (3). (4) Section 12 of the Act does not apply to a person operating a non-municipal year-round residential system if, pursuant to subsection 5 (4) of this Regulation, provisions of this Regulation do not apply to the system.  O. Reg. 269/03, s. 5; O. Reg. 418/09, s. 6 (4). (5) Section 12 of the Act does not apply to a person operating a large non-municipal non-residential system if, pursuant to section 6 or 7 of this Regulation, provisions of this Regulation do not apply to the system.  O. Reg. 269/03, s. 5; O. Reg. 418/09, s. 6 (5). (5.1) Section 12 of the Act does not apply to a person operating a non-municipal year-round residential system if, pursuant to section 8-6.1 of Schedule 8, a reference in that Schedule to a certified operator is deemed, with respect to that system, to be a reference to any person.  O. Reg. 247/06, s. 7; O. Reg. 418/09, s. 6 (6). (6) Section 12 of the Act does not apply to a person operating a large municipal non-residential system, non-municipal year-round residential system or large non-municipal non-residential system if, pursuant to section 8-7 of Schedule 8, a reference in that Schedule to a certified operator is deemed, with respect to that system, to be a reference to any person.  O. Reg. 165/04, s. 3; O. Reg. 418/09, s. 6 (7). (7) Section 12 of the Act does not apply to a person operating a drinking water system that is not listed in the Table to section 4.  O. Reg. 253/05, s. 5; O. Reg. 418/09, s. 6 (8). (8) For greater certainty, section 12 of the Act does not apply to an emergency substitute operator. O. Reg. 820/21, s. 2.
Exemptions from approval requirements of Act
 9. (1) Subsection 31 (1) of the Act does not apply to a municipal drinking water system unless the system is, (a) a large municipal residential system; or (b) a small municipal residential system.  O. Reg. 249/03, s. 6. (2) Subsection 31 (1) of the Act does not apply to a large municipal residential system or a small municipal residential system in respect of, (a) the establishment or alteration of or a change to a service pipe; (b) the establishment or alteration of or a change in an appurtenance of a watermain, if the appurtenance does not disrupt the operation of the drinking water system that the watermain is part of; (c) the relining of a watermain, if the new lining does not disrupt the operation of the drinking water system that the watermain is part of; (d) the replacement of an existing watermain with a new watermain that has similar dimensions and performance criteria and that is in the same or approximately the same location, if the existing watermain was established or altered in accordance with an approval, drinking water works permit or municipal drinking water licence.  O. Reg. 170/03, s. 9 (2); O. Reg. 418/09, s. 7. (3) Subsection 31 (1) of the Act does not apply to a municipal drinking water system that is not listed in the Table to section 4.  O. Reg. 253/05, s. 6.
Exemptions from transfer of ownership requirements of Act
 9.1 Section 51 of the Act does not apply to a large municipal non-residential system or small municipal non-residential system.  O. Reg. 247/06, s. 8.
Revocation of OWRA approvals for non-municipal systems
 10. For the purpose of subsection 52 (7) of the Act, the earliest of the following dates is prescribed as the date that the approval under the Ontario Water Resources Act is deemed to be revoked: 1.  Revoked:  O. Reg. 253/05, s. 7. 2. The date the owner of the drinking water system gives the Director a notice that complies with section 21-7 of Schedule 21. 3. The date the owner of the drinking water system gives the Director a statement under subsection 21-2 (3) of Schedule 21. 4. The date the Director is notified in accordance with clause 8 (1) (d) that the steps described in clauses 8 (1) (a), (b) and (c) have been taken. 5. The date the Director imposes a condition under subsection 60 (2) of the Act in an approval under Part VI of the Act.  O. Reg. 170/03, s. 10; O. Reg. 253/05, s. 7.
System information
 10.1 (1) The owner of a drinking water system that commences operation after this section comes into force shall give the Director a written notice containing information about the system within 30 days after the system commences operation.  O. Reg. 247/06, s. 9. (2) The owner of a drinking water system that commenced operation before this section came into force shall give the Director a written notice containing information about the system within 60 days after this section comes into force.  O. Reg. 247/06, s. 9. (3) If there is any change to the information given to the Director under subsection (1) or (2), the owner of the drinking water system shall give the Director written notice of the change within 10 days of the change.  O. Reg. 247/06, s. 9. (4) The owner of a drinking water system shall be deemed to have given the Director written notice in accordance with subsection (2) if, before this section came into force, a written notice or report that relates to the system was submitted to the Director in a form that complied with section 14.  O. Reg. 247/06, s. 9.
Information to be available
 12. (1) The owner of a drinking water system shall ensure that the following information is available for inspection in accordance with subsection (4): 1. A copy of every test result obtained in respect of a test required under this Regulation, or where continuous monitoring equipment is used under section 6-5 of Schedule 6, the daily minimum, maximum, and mean results obtained in respect of a test required under this Regulation, or under an approval, municipal drinking water licence or order, including an OWRA order. 2. A copy of every approval, drinking water works permit, municipal drinking water licence and order, including OWRA orders, that applies to the system and is still in effect, if the approval, permit, licence or order was issued after January 1, 2001. 3. A copy of every annual report prepared under section 11. 4. A copy of every report prepared under Schedule 21 or 22. 5. A copy of this Regulation.  O. Reg. 170/03, s. 12 (1); O. Reg. 247/06, s. 11; O. Reg. 418/09, s. 9. (2) Paragraphs 1 and 2 of subsection (1) do not apply to a record, report or test result until the day after it comes into the owner’s possession.  O. Reg. 170/03, s. 12 (2). (3) Paragraphs 1 to 4 of subsection (1) do not apply to a record, report or test result that is more than two years old.  O. Reg. 170/03, s. 12 (3); O. Reg. 253/05, s. 9 (1). (4) The information must be available for inspection by any member of the public during normal business hours without charge, (a) at the office of the owner or, if the office of the owner is not reasonably convenient to users of water from the system, at a location that is reasonably convenient to those users; and (b) if the owner is not a municipality but the system serves a municipality, at the office of the municipality.  O. Reg. 170/03, s. 12 (4). (5) If the owner of a drinking water system provides the operator of a designated facility with a copy of the information referred to in subsection (1), the operator of the facility shall ensure that the information is available at the facility, between 9 a.m. and 5 p.m. or during normal business hours, for inspection without charge by any person allowed to enter the facility.  O. Reg. 170/03, s. 12 (5). (6) Revoked:  O. Reg. 253/05, s. 9 (2).
Forms
 14. (1) Where this Regulation requires or permits the submission of a written notice or report or the posting of a warning notice, the notice or report must be in a form provided by or approved by the Director.  O. Reg. 170/03, s. 14 (1). (2) The Director may require that a document or other record that is given to the Director under this Regulation be given in an electronic format specified by the Director.  O. Reg. 170/03, s. 14 (2).
Purpose of notice to interested authorities
 15. The sole purpose of the provisions of this Regulation that require notice to be given to interested authorities is to provide interested authorities with information relating to compliance with this Regulation.  O. Reg. 170/03, s. 15. 16. Omitted (provides for coming into force of provisions of the English version of this Regulation).  O. Reg. 170/03, s. 16. SCHEDULE 1   TREATMENT EQUIPMENT Municipal: Large Residential   Small Residential
Treatment equipment
nan
Point of entry treatment
nan
Operational checks, sampling and testing — general
nan
Operational checks
nan
Maintenance and operational checks
nan
Microbiological sampling and testing
nan
Chemical sampling and testing
nan
Lead
nan
Reporting adverse test results and other problems
nan
Corrective action
nan
Warning notice of potential problems
nan
Engineering evaluation reports
nan
Summary reports for municipalities
nan
Inorganic parameters
nan
Organic parameters
nan