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TO: |
Mayor and Members of Council |
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FROM: |
Jerry Klaus, General Manager of
Waterworks |
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PREPARED BY: |
Robert Flindall, Manager of
Operations and Maintenance, Waterworks |
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DATE OF MEETING: |
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SUBJECT: |
Inspection of
the Town of |
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RECOMMENDATION:
THAT the report
dated
AND THAT Council
directs staff to report back on an inter-departmental strategy to implement the
MOE recommendation for improving system “Best Management Practices” by enacting
a by-law to prohibit cross connections between the municipal water supply
system and non-potable water sources;
AND FURTHER THAT
Council directs staff to report back on an inter-departmental strategy to
implement the MOE recommendation for a written agreement with the
PURPOSE
The Ministry of the
Environment (MOE) inspected the Town of
BACKGROUND
The MOE Inspection Report
for the Markham Water Distribution System provides the Inspector’s assessment
of compliance with the Ministry’s policies and regulations. The Inspection
Report is provided as Attachment ‘A’ to this report. The Inspection Report provides observations
made by the MOE inspectors and any associated actions required for compliance
or improving best management practices.
The Inspectors made three observations in their System Inspection Report
dated January 31. 2005.
Markham Waterworks was
required to respond in writing to the MOE regarding the actions the Town plans
to take in respect to the “Actions Required” and
“Recommended Actions” by
COMPLIANCE
WITH REGULATION 170/03
The MOE report identifies
that the Town of
The Town did not comply with
the specified timeline for submission of the required samples for
trihalomethanes in the first quarter of 2004.
Due to a work order scheduling error, the samples were submitted
The MOE inspector noted in
the Inspection Report that the results for all trihalomethane samples collected
from March 2002 until the date of this inspection had met the Ontario Drinking
Water Standards. The quarterly
submission of samples is intended to ensure that levels of trihalomethanes are
routinely monitored in the system. The
late submission of quarterly samples did not compromise the water quality in
the system or the ability of Waterworks to monitor this parameter.
BEST MANAGEMENT PRACTICE ISSUES
The MOE identifies
that
At present the
Town of
A coordinated
strategy between Waterworks, Engineering, Building Standards, By-Law, and the
Legal Departments is required to implement a program to eliminate and prohibit
cross-connections. It is recommended
that a working group from these Departments be formed to develop policies and
procedures to control cross-connections and prevent back siphonage within the
Town. A copy of the MOE Inspection
Report will be forwarded to the appropriate Directors in the Engineering,
Building Standards, By-Law and the Legal Departments for review so that they
are aware of the MOE requirements.
ADDITIONAL RECOMMENDED ACTIONS
The MOE recommends
that the Town of
Markham Waterworks
has informed the MOE that a water supply in the Region of York is addressed
through the Municipal Act 2001 Sections 11, 19, 20 and 89. Specifically, Section 11(2) of the Act
provides York Region with “exclusive
jurisdiction” over water production, treatment and storage, and “non-exclusive jurisdiction” over water
distribution in the Region. This means
that only the Region has authority to produce and treat water. The lower tier municipalities do not have the
authority to produce water. Further,
Section 89 of the Act requires that the lower tier municipality in York Region
“shall not, without the consent of the
regional municipality, purchase water from any municipality except
the regional municipality”. Together
these two sections of the Act legislate that the Town must obtain water from
the Region and forms the agreement for supply of water
from the Region.
Staff from the
Town and Region has already met once to discuss a policy and agreement that
would clearly define the ownership and responsibility for transmission pipes
and other equipment associated with the water supply system. In addition, the Region has completed the
Long Term Water Project Master Plan Update.
The Master Plan identifies the recommended infrastructure program to
meet the water usage requirements up to year 2006, including projected maximum
flow rates.
A coordinated
strategy between Waterworks, Asset Management, Engineering, Development
Approvals and York Region staff is required to develop the written agreement
requested by the MOE. It is recommended
that a working group from these Departments be formed to meet with the Region
to initiate this process. A copy of the
MOE report will be forwarded to the appropriate Directors in the Engineering,
Development Approvals and Legal Departments for review so that they are aware
of the MOE recommendations.
At present, the only financial
implication of the recommendations set out in the report is the requirement for
staff time and resources. Preparation of
staff reports necessary to inform Council of progress made towards implementing
the MOE recommendations represents an unplanned for priority.
Additional staff resources may be
required to implement and enforce a bylaw to control cross-connection and
prevent back-flow siphonage.
Staff is not aware of any financial implications resulting
from the one reported incident of non-compliance with Schedule 16-3 of Ontario
Regulation 170/03. It is possible that
the Enforcement Branch of the MOE may impose financial penalties for
non-compliance at a later date.
Attachment ‘A’ –
MOE Drinking Water Inspection Report,
Attachment ‘B’ –
Waterworks Written Response to the MOE,
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Jerry Klaus, General Manager of Waterworks |
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Peter Loukes, P.Eng. Director, Operations and Asset Management |
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Jim Sales Commissioner, Community & Fire Services |
Q:\Commission Share\Operations and Asset
Management\Reports\2005\Waterworks\Ministry of the Environment Inspection of
the Markham Drinking Water System.doc
