jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation: open public facilities
 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. 318/08, s. 3.
Application
 4. Unless otherwise provided, this Regulation applies to the small 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  Item   Drinking Water Systems   Applicable Schedules, Sampling and Testing   Applicable Schedules, Adverse Test Results and Other Problems 

  1.   Large municipal non-residential systems   1, 2   4, 5, 6 

  2.   Small municipal non-residential systems   1, 3   4, 5, 6 

  3.   Non-municipal seasonal residential systems   1, 3   4, 5, 6 

  4.   Large non-municipal non-residential systems   1, 2   4, 5, 6 

  5.   Small non-municipal non-residential systems   1, 3   4, 5, 6 O. Reg. 318/08, s. 4.
Exemptions: systems serving designated facilities
 5. This Regulation does not apply to a small drinking water system that serves a designated facility.  O. Reg. 318/08, s. 5.
Exemptions: systems connected to other systems
 6. This Regulation does not apply to a small drinking water system if, (a) the small drinking water system is connected to and receives all of its drinking water from another drinking water system; (b) Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act, 2002, applies to the drinking water system from which the water is obtained; (c) the drinking water system from which the water is obtained provides treatment in accordance with sections 1-2 to 1-5 of Schedule 1 or sections 2-2 to 2-5 of Schedule 2 to Ontario Regulation 170/03; and (d) the owner of the drinking water system from which the water is obtained has agreed in writing 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.  O. Reg. 318/08, s. 6.
Exemptions: warning notices for systems and users
 7. (1) Subject to subsections (2) and (3), this Regulation does not apply to a drinking water system if, (a) the owner of the system posts warning notices in accordance with subsection (4); (b) the owner of the system complies with subsections (5), (6) and (7); (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 medical officer of health of the health unit in which the system is located in writing that the steps described in clauses (a) and (c) have been taken.  O. Reg. 318/08, s. 7 (1). (2) Subsection (1) applies to a small 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. 318/08, s. 7 (2). (3) Despite subsection (2), subsection (1) applies to a small municipal non-residential system or a small non-municipal non-residential system that uses electricity and serves any building or other structure that uses electricity but only if the system does not serve any food service establishments that rely on the system for the supply of potable water that is required by clause 20 (1) (a) of Regulation 562 of the Revised Regulations of Ontario, 1990 (Food Premises) made under the Act.  O. Reg. 318/08, s. 7 (3). (4) A warning notice that states that the water has not been tested in accordance with this Regulation 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. 318/08, s. 7 (4). (5) The owner of the small 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. 318/08, s. 7 (5). (6) The owner of the small drinking water system shall ensure that a check that is done during a week for the purpose of subsection (5) 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. 318/08, s. 7 (6). (7) The owner of the small drinking water system shall ensure that, (a) every time the warning notices are checked under subsection (5), 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 five years at a location where they can conveniently be viewed by any person listed in subsection 41 (1) of the Act who is inspecting the warning notices.  O. Reg. 318/08, s. 7 (7). (8) 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. 318/08, s. 7 (8).
Responsibilities of owners and operators
 8. (1) Every owner and operator of a small drinking water system shall ensure the following: 1. That all water provided by the system to the point where the system is connected to a user’s plumbing system meets the requirements of the Ontario Drinking Water Quality Standards. 2. That, at all times in which it is in service, the small drinking water system, is i. operated in accordance with the requirements under this Regulation, and ii. maintained in a fit state of repair. 3. That all sampling, testing and monitoring requirements under this Regulation that relate to the small drinking water system are complied with.  O. Reg. 318/08, s. 8 (1). (2) Every owner of a small drinking water system shall ensure that at all times in which the system is operating one specific operator is designated for purposes of taking and submitting any water samples or submitting any reports or notifications that are required to be submitted under this Regulation or receiving any reports that are required to be submitted to an operator under the Safe Drinking Water Act, 2002.  O. Reg. 318/08, s. 8 (2). (3) The owner of a large municipal non-residential system or large non-municipal non-residential system that is subject to section 11 shall ensure that individuals who are working in the system and who are operating the system hold, (a) a limited subsystems operators’ certificate, appropriate to the system’s raw water supply, issued, renewed or reissued under Ontario Regulation 128/04 (Certification of Drinking Water System Operators and Water Quality Analysts) made under the Safe Drinking Water Act, 2002; or (b) a conditional operators’ certificate for a limited subsystem issued, renewed or reissued under Ontario Regulation 128/04, and is available to the owner or any other operator if the operator is absent from the system.  O. Reg. 318/08, s. 8 (3). (4) For the purpose of subsection (3), “operating” means adjusting, testing or evaluating the process that controls the effectiveness or efficiency of the small drinking water system.  O. Reg. 318/08, s. 8 (4). (5) Where the medical officer of health is satisfied that the subsystem will be operated without a significant risk to human health, subsection (3) does not apply in the event of a strike or lock-out involving operators employed in a small drinking water system for the duration of the strike or lock-out.  O. Reg. 318/08, s. 8 (5). (6) The owner and operator of a drinking water system that provides water that does not meet a standard set out in the Ontario Drinking Water Quality Standards shall be deemed not to have contravened paragraph 1 of subsection (1), if the owner and operator ensures that the appropriate corrective action is taken under Schedule 5.  O. Reg. 318/08, s. 8 (6).
Drinking water testing services
 9. (1) Subject to subsections (2) and (6), operators of small drinking water systems shall obtain drinking water testing services from persons who are licensed under Part VII of the Safe Drinking Water Act, 2002 to offer or provide the services.  O. Reg. 318/08, s. 9 (1). (2) No operator of a small drinking water system shall obtain a drinking water testing service from a person who is not licensed under the Safe Drinking Water Act, 2002 to offer or provide the service unless the laboratory at which the testing is to be conducted is located outside Ontario and is an eligible laboratory under subsection 11 (4) of the Safe Drinking Water Act, 2002 in respect of the particular tests to be conducted.  O. Reg. 318/08, s. 9 (2). (3) The medical officer of health of the health unit in which the drinking water system is located may issue a direction to one or more owners or operators prohibiting them from obtaining drinking water testing services from a laboratory located outside Ontario, if the medical officer of health has reason to believe that, (a) the laboratory has ceased to be an eligible laboratory in respect to the particular test to be conducted; or (b) has failed to comply with section 18.1 of the Safe Drinking Water Act, 2002 or a prescribed requirement under that Act.  O. Reg. 318/08, s. 9 (3). (4) Every person who receives a direction under subsection (3) shall comply with the direction and advise the medical officer of health in writing of the alternative laboratory from which the person will obtain drinking water testing services.  O. Reg. 318/08, s. 9 (4). (5) The medical officer of health may revoke a direction issued under subsection (3) if he or she is of the opinion that the reasons for issuing the direction no longer exist.  O. Reg. 318/08, s. 9 (5). (6) Subsections (1) and (2) do not apply with respect to tests for the following parameters where the tests are conducted at a drinking water system to which this Regulation applies: 1. Free chlorine residual. 2. Free chlorine residual and total chlorine residual measured for the purpose of determining combined chlorine residual. 3. Turbidity.  O. Reg. 318/08, s. 9 (6).
Duty to report adverse test result
 10. (1) The operator of a small drinking water system shall report every prescribed adverse result of a drinking water test conducted on any waters from a small drinking water system to the medical officer of health of the health unit in which the system is located immediately after the adverse result is obtained.  O. Reg. 318/08, s. 10 (1). (2) If an operator is required to report an adverse test result under subsection (1), the operator shall also immediately report the adverse test result to the owner of the system for which the operator is responsible.  O. Reg. 318/08, s. 10 (2).
Water treatment equipment
 11. Where a large municipal non-residential system or large non-municipal non-residential system, (a) at any time after May 31, 2003, provided and operated water treatment equipment; and (b) the equipment referred to in clause (a) would comply with sections 2-3 to 2-5 of Schedule 2 to Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act, 2002, if that regulation applied to the system, the operator of the system shall ensure that water treatment equipment is provided that would comply with sections 2-3 to 2-5 of Schedule 2 to Ontario Regulation 170/03, if that regulation applied to the system and that equipment is operated in a manner that provides proper disinfection.  O. Reg. 318/08, s. 11.
Well that serves as entry point of raw water supply
 12. The owner and operator of a small drinking water system that includes a well that serves as an entry point of raw water supply shall ensure that the well is constructed and maintained to prevent surface water and other foreign materials from entering the well.  O. Reg. 414/09, s. 2.
Notifications
 13. (1) Before supplying water to users of the system following construction or alteration of a small drinking water system or following a shut-down lasting longer than seven days, the owner shall notify, in writing, the medical officer of health in the health unit where the small drinking water system is located, (a) of the building permit number issued in relation to the construction or alteration of the small drinking water system; (b) whether or not all the preparations necessary to operate the small drinking water system in accordance with this Regulation have been completed; (c) of the proposed date on which the small drinking water system will begin to supply water to the users of the system; (d) of the name and address of the owner and any operator; and (e) of the address at which the small drinking water system is located and the name of the system.  O. Reg. 318/08, s. 13 (1). (2) In this section, “alteration” includes the following, in respect of a small drinking water system, but excludes repairs to the system: 1. An extension of the system. 2. A replacement of part of the system. 3. Taking all or part of the system permanently out of service.  O. Reg. 318/08, s. 13 (2).
Information to be available
 14. (1) The owner and operator of a small 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 Ontario Regulation 252/05 (Non-Residential and Non-Municipal Seasonal Residential Systems that Do Not Serve Designated Facilities) made under the Safe Drinking Water Act, 2002 or previously required under an approval or order issued under the Ontario Water Resources Act or the Safe Drinking Water Act, 2002. 2. A copy of every test result obtained in respect of a test required under this Regulation. 3. A copy of every approval and every order, including orders under the Safe Drinking Water Act, 2002 and the Ontario Water Resources Act
that applies to the system and is still in effect, if the approval or order was issued after January 1, 2001. 4. A copy of every order issued under section 13 of the Act where that order is issued to the owner or operator of the system and contains requirements relating to the manner in which the system is operated. 5. A copy of this Regulation.  O. Reg. 318/08, s. 14 (1). (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 operator’s possession.  O. Reg. 318/08, s. 14 (2). (3) Paragraphs 1 and 2 of subsection (1) do not apply to a record, report or test result that is more than two years old.  O. Reg. 318/08, s. 14 (3). (4) The information must be available for inspection by any member of the public during normal business hours without charge 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.  O. Reg. 318/08, s. 14 (4). (5) For the purpose of this section, a reference in paragraph 1 of subsection (1) to tests required under Ontario Regulation 252/05 shall be deemed to include a reference to tests required under Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act, 2002, if that regulation applied to the drinking water system.  O. Reg. 318/08, s. 14 (5).
Retention of records
 15. (1) The operator of a small drinking water system shall ensure that the following documents and other records are kept for at least five years: 1. Every record or report related to a test required under, i. Schedule 1, 2 or 3, or ii. sections 5-2, 5-3, 5-4, 5-5 and 5-7 of Schedule 5. 2. Every record or report related to a test that was required to be retained under subsections 12 (1) and (2) of Ontario Regulation 252/05 (Residential Systems that Do Not Serve Designated Facilities) made under the Safe Drinking Water Act, 2002
if that regulation applied to the system prior to this Regulation coming into force.  O. Reg. 318/08, s. 15 (1). (2) If a person listed in subsection 41 (1) of the Act makes a request for a document or other record referred to in subsection (1) or any other information that, in the opinion of the requesting party, is considered necessary for purposes of assessing the safe operation of the drinking water system, the operator of a small drinking water system shall ensure that the document, other record or other information is given to that person within such period as the person may specify.  O. Reg. 318/08, s. 15 (2).
Forms
 16. (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 Ministry.  O. Reg. 318/08, s. 16 (1). (2) The Ministry may require that a document or other record that is given to the medical officer of health under this Regulation be given in an electronic format specified by the Ministry.  O. Reg. 318/08, s. 16 (2). 17. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 318/08, s. 17. SCHEDULE 1   SaMPLING AND TESTING — GENERAL
Sampling and testing — general
nan
Reporting adverse test results
nan