Ministry of Environment: Approved Water Quality Guidelines
The BC MOE has an ever evolving document called the water quality guidelines, which provides target concentrations of various potentially harmful chemicals for various water applications. Drinking water has, for obvious reasons, some of the lowest permitted presence of these harmful substances. Under the Drinking Water Protection Act s.4, drinking water officers must consider these published guidelines when performing their inspection and duties.
As the DWO’s job primarily concerns determining the drinking suitability of water, water supply stations that are identified as not meeting the water quality guidelines will likely receive orders to either cease water supply, or fix the cause of the poor water. In this way the Water Quality Guidelines act to ensure drinking water is clean and safe.
The consolidated, or ‘approved’ water quality guidelines can be found at: (http://www.env.gov.bc.ca/wat/wq/wq_guidelines.html).
Information about the continually evolving ‘working water quality guidelines’, which may be incorporated into the next ‘approved water quality guidelines’ can be found at: (http://www.env.gov.bc.ca/wat/wq/BCguidelines/working.html).
Drinking Water Protection Act (S.B.C. 2001, c.9)
The primary piece of drinking water legislation in B.C. is the Drinking Water Protection Act. This act sets out a number of aspects of the province’s water protection regime: the duties and powers of drinking water officers (appointed under the local medical health officer), the obligations of drinking water system operators, and the expectations and role of citizens.
The most basic statement of water supplier’s responsibilities is that the water delivered to their clients be drinkable, and conform to any regulations made by the Ministry. The specific water quality objectives are set out in the Drinking Water Protection Regulation, with a required content of ‘no detectable fecal coliform, or e.coli per 100ml of water’. A failure to meet this standard of ‘potability’ indicates non-compliance with the Act, and should trigger a penalty under s.45.
The act also sets out a number of requirement for water supply operators, including obtaining a license prior to operation, notifying the public of any potential drinking water hazards, and preparing a ‘system assessment’ to identify possible water quality threats as well as expected monitoring requirements.
Drinking water officers are given powers of investigation, as well as powers to issue orders to water suppliers who are not adhering to the guidelines of the Act. The officers also are given the right (under s.25) to make orders to address hazards to drinking water quality, or to halt activities that are a ‘significant risk’ to drinking water health. The result of the order will be that the water system operator (or the person causing the hazard) must undertake one or several of the following: complete studies to assess the threat, provide information of the factors contributing to the risk, provide public notice of the hazard, or abate the drinking water hazard through repairs or alteration of the operation.
A notable section of the Act (s. 29) allows for any person concerned that there might be a threat to their drinking water to request an investigation by a drinking water officer. All requests must be in writing, and provide details of the perceived threat.
(discussed more below – in water contamination section)
Drinking Water Protection Regulation (B.C. REG. 200/2003)
This regulation establishes the provincial drinking water quality requirements, required water quality sampling frequency (based on number of people supplied), as well as licensing/fees for water suppliers. As mentioned above, a failure of a water supplier to meet the prescribed standards (and presumably the required testing frequency) will result in a breach of the s.6 responsibilities of the Drinking Water Protection Act, and trigger a penalty.
Water Act (R.S.B.C. 1996, c.483)
The Water Act primarily addresses the rights of landowners to use the water that flows in watercourses on their property. The Act’s radical first step is to proclaim that the province retains all rights to the ‘use and flow’ of all watercourses in the province. While domestic use of water is permitted, any use beyond this requires the user to acquire a license to take water. The Act also establishes well and groundwater standards and licensing requirements for any well construction or closing.
The effect of the Act’s preservation of the province’s overriding interest and control of rivers and groundwater is that the province is positioned as a ward to all flowing water. While the Act does not state any environmental or drinking water protection goals, this wardship positions the province as a controlling force of the amount of water in drinking water sources.
Ground Water Protection Regulation (B.C. Reg. 299/2004)
This regulation serves two purposes. First, it states that all contractors who drill, modify, or close wells must be licensed as a qualified well driller by the Comptroller of Water Rights (of Land and Water B.C.).
The Second function of the Act is to set out best practices for well installation and alteration to minimize contamination of groundwater. Appendix A of the regulation is titled the “Code of Practice for Construction, Testing, Maintenance, Alteration and Closure of Wells in British Columbia” provides the greatest detail of these practices. While the Appendix states that the methods described therein are ‘minimum specifications’ which may be exceeded, there are no penalties stipulated for failure to meet those standards.
Well owners have new responsibilities under the Act to deactivate or close unused wells, cap their well, maintain an identification plate, and generally protect the well from damage or contamination.
Water Protection Act (R.S.B.C. 1996, c.484)
The Water Protection Act is concerned wholly with large-scale water export operations. The Act essentially blocks the export of water on a large scale, unless the facility/operation was in use before June 1995. The stated purpose of the Act is to “foster sustainable use of British Columbia’s water resources in continuation of the objectives of conserving and protecting the environment”.
Water Utility Act (R.S.B.C. 1996, c.485)
This Act concerns small water systems (it excludes municipal operated sources, as well as systems that serve less than 5 people), and gives power to the ‘Comptroller of Water Rights’ to issue certificates allowing construction of water systems. Once constructed, these smaller water services are deemed to be fall under the authority of the Utilities Commission Act, and will be overseen by a Utilities Commission in their operation and rates.
