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INAC Update from HQ

VIEWS: 11 PAGES: 101

									Tech Services - INAC




            Procedure for Addressing
            DWAs and Other News
            OFNTSC Meeting
            Rama, Ontario, October 11, 2007
            Presentation by: S. Crystal & J Steeves
News from INAC HQ




      PRESENTATION OUTLINE
       Drinking Water Protocol &
        Provincial Regulations
         Procedure for Addressing DWAs
         Wastewater Protocol
         Circuit Rider Training Program
         National Assessment
         Summary
News from INAC HQ




         Drinking Water
            Protocol &
            Provincial
           Regulations
Protocol for Safe Drinking Water
in First Nations Communities




         The “Protocol for Safe Drinking Water
         in First Nations Communities” is a
         set of long-awaited, clear standards for
         the design, construction, operation,
         maintenance, and monitoring of First
         Nations drinking water systems.
Protocol for Safe Drinking Water
in First Nations Communities




       The Protocol was developed over a
          period of 2+ years with input from:
          INAC regions;
          OGDs; and
          First Nations water experts
            (including the OFNTSC and
            Alberta’s Technical Services
            Advisory Group).
Protocol for Safe Drinking Water
in First Nations Communities




       INAC reviewed the regulatory frameworks
          of all Canadian jurisdictions to identify a
          set of best regulatory practices.

       This body of best practices was then "First
          Nation-ized" to be appropriate to the
          scale and context of drinking water
          systems in use in Canada's First
          Nations
Highlights of the DW Protocol




       Implementation
       As of March 21st, 2006, as per the
          Minister's announcement, the
          Protocol was implemented
          immediately by INAC Regions and by
          now all First Nations should be
          complying with its requirements.
Highlights of the DW Protocol




       Application:
       The Protocol applies to any First Nation
          drinking water system that:
         – Is funded in whole or part by INAC; &
         – Serves five or more households (or a
             publicly-owned facility).
Highlights of the DW Protocol




          Design Requirements:
          Design standards for FN water systems
            will be as set out in:
              “Design Guidelines for
              First Nations Water Works”
Highlights of the DW Protocol




       Performance Requirements:
       Drinking water must meet the water
          quality criteria set out in the latest
          edition of Health Canada’s
          “Guidelines for Canadian
          Drinking Water Quality”
          (GCDWQ)
Highlights of the DW Protocol




       Monitoring Requirements:
       The Protocol specifies three types
          of monitoring:
          Operational monitoring
          QA/QC monitoring
          Third party monitoring
Highlights of the DW Protocol




       Monitoring Requirements:
       Operational monitoring is conducted
         by the operator and includes daily
         and weekly water quality tests of:
          Raw water
          Treated water, and
          Distribution system water.
Highlights of the DW Protocol




       Monitoring Requirements: (cont’d)
       Historically some First Nations have
          relied solely on weekly water quality
          testing (at the tap only) performed
          by Health Canada.
       Operators should undertake regular
          Operational monitoring.
Highlights of the DW Protocol




       Training & Certification:
       Operators must be trained and
         certified to the level specified by
         provincial operator certification
         requirements for their
         classification of system.
Highlights of the DW Protocol




       Record Keeping:
       Water system operators and
         managers must keep on file all
         records related to required water
         quality monitoring, operations, and
         system maintenance for a period
         of not less than 5 years.
Highlights of the DW Protocol




       Annual Inspections:
       Inspections to verify system
          performance must be completed
          annually by a qualified inspector
          as set out in:
          “Guide for Annual Inspections of
          First Nations Drinking Water
          Systems” (Appendix H of the
           Protocol)
Highlights of the DW Protocol




       Annual Inspections (cont’d):
       Annual inspection reports are a
         collaborative process involving all
         stakeholders (including the Circuit
         Rider Trainer) and concentrate on
         water system performance and
         whether the water is safe to drink.
Highlights of the DW Protocol




       Annual Inspections (cont’d):
       System performance will be assessed
         based on:
           Water quality testing results (as
            provided by HC and FN);
           Operational procedures; and
           Operator certification level in
            relation to system classification.
Highlights of the DW Protocol




      Compliance
      First Nations need to meet the more
        stringent of either:
          The Protocol’s requirements; or
          Provincial standards
Highlights of the DW Protocol




        Compliance (cont’d)
        This means that if an element in a
          provincial standard (e.g. turbidity) is
          more stringent than the same element
          in the Protocol, then that higher
          objective should be adhered to in that
          region.

        The rest of the Protocol still applies.
Highlights of the DW Protocol




      Compliance (cont’d)
      It is not possible for a region or for a
          First Nation to opt out of the
          Protocol.
Highlights of the DW Protocol




      Compliance (cont’d)
      Compliance with the Protocol is part
       of the terms and conditions of all
       funding agreements between the
       Government of Canada and First
       Nations.
Protocol Implementation



     To date, implementation of the
        Drinking Water Protocol has been
        disappointing.
Protocol Implementation



     Implementation of the Protocol by INAC
        Regions began March 21st, 2006, as per
        the Minister’s directive.

     Thus, by now (1 ½ years later) most First
        Nations should be complying with the
        Protocol’s requirements.
Protocol Implementation



     Unfortunately, many operators do not
      have a copy of the Protocol, or have
      not read it, or do not understand their
      responsibilities.
Protocol Implementation



     More action is needed to improve
      uptake of the Protocol by operators.
Protocol Implementation



     There are some basic questions that need
       to be answered:
         What percentage of First Nations
          operators actually have a copy of the
          Protocol?
         What percentage understand the
          Protocol’s requirements and comply
          with them?
Protocol for Safe Drinking Water
in First Nations Communities




       The Protocol is a “living document”
          and will be refined continuously to
          reflect feedback from First Nations
          practitioners.
       The latest version of the Protocol can
          be found at INAC’s web site:
        http://www.ainc-inac.gc.ca/H2O
First Nations Drinking Water and
Provincial Regulations




       Why adopt provincial regulations?
       Compliance with the Protocol is achieved
        through terms and conditions of funding
        agreements between the Government of
        Canada and First Nations (i.e.: no laws
        exist to enforce compliance with the
        Protocol).
First Nations Drinking Water and
Provincial Regulations




       Why adopt provincial regulations?
       The government does not consider this to
         be an effective way to ensure
         compliance or to foster accountability
         between Band Councils and their
         citizens.
First Nations Drinking Water and
Provincial Regulations




       What might the government do?
       To provide First Nations residents with
         the same protection that is enjoyed by
         most Canadians, the government is
         considering enacting legislation that
         will apply provincial water regulations
         to First Nations water systems.
First Nations Drinking Water and
Provincial Regulations




       What will this accomplish?
       The intention would be to provide First
         Nations with a regulatory regime that
         is enforced by laws, rather than terms
         of funding agreements.
First Nations Drinking Water and
Provincial Regulations




       How would regulations be adopted?
       First Nations water systems would become
         subject to provincial regulations after they
         are adjusted to the context of First Nations
         communities.
       The requirements of the DW Protocol will
         continue on as a minimum baseline
         standard.
First Nations Drinking Water and
Provincial Regulations




       How would regulations be enforced?
       Provincial regulations on reserve are
         expected to be enforced by provincial
         agencies.
First Nations Drinking Water and
Provincial Regulations




       Will there be penalties?
       Yes. There will be both monetary
         penalties (fines) and punitive penalties
         (jail time) for non-compliance with
         provincial regulations.
First Nations Drinking Water and
Provincial Regulations




       Will all Fist Nations be regulated?
       Yes. In provinces where the provincial
         regulatory regime is deemed
         inadequate, the Drinking Water
         Protocol will be the base level of
         standards upon which provincial
         regulations will be adjusted before
         adoption by INAC.
First Nations Drinking Water and
Provincial Regulations




       When will this happen?
       The process of adapting and adopting
         provincial regulations for use in First
         Nations is expected to take 4 to 5
         years.

       Implementation of the new regulations
         is expected to take an additional 3 to
         5 years.
First Nations Drinking Water and
Provincial Regulations




       And until then ….?
       The Drinking Water Protocol will
         continue to apply in all First Nations
         across Canada until it is replaced (if
         ever) by provincial regulations.
News from INAC HQ




        PRESENTATION OUTLINE
         Drinking Water Protocol and Provincial
          Regulations
         Procedure for Addressing DWAs
           Wastewater Protocol
           Circuit Rider Training Program
           National Assessment
           Summary
News from INAC HQ




         Procedure for
       Addressing DWAs
Background on DWAs in First
Nations Communities



    Problems with DWAs
    The number and the duration of Drinking
      Water Advisories (DWAs) in First Nations
      communities has become a chronic public
      safety problem in some First Nations.
Background on DWAs in First
Nations Communities


    According to data from Health Canada,
      as of November 2, 2006, more than
      100 DWAs were in effect in First
      Nations communities across Canada.
    Of these 100 DWAs:
        63% are more than 1 yr old
        45% are more than 2 yrs old
        One DWA was in place for more
         than 21 years.
Background on DWAs in First
Nations Communities


    In 2006, HC completed a survey on DWAs. The
      following are some conclusions of the study:
        Drinking Water Advisories are ineffective:
            If they are not fully understood;
            If they are frequent, on-going, or
             excessively long-term.
        If the causes of DWAs in First Nations
         communities are not addressed effectively,
         serious health problems can result.
Background on DWAs in First
Nations Communities


    In 2005, the Drinking Water Advisory Working
       Group (also known as the DWAWG team)
       was formed to develop a procedure to help
       First Nations address their DWAs.

    The DWAWG team had members from:
       Health Canada HQ and regions;
       INAC HQ & regions; and
       First Nations (including technical services
        providers like OFNTSC).
Background on DWAs in First
Nations Communities


    The DWAWG has developed a procedure
      entitled:
    “Procedure for Addressing Drinking Water
      Advisories in First Nations Communities
      South of 60° (Procedure)”
    The Procedure is to be rolled out nation-wide
      this Fall at eight regional awareness sessions.
Background on DWAs in First
Nations Communities


    The procedure will assist First Nations to
      address their DWAs more quickly by:
        Clarifying roles & responsibilities; and
        Developing community-based water
         team (CBWT).
Background on DWAs in First
Nations Communities


    The DWAWG undertook an extensive process
     of obtaining feedback from stakeholders to
     complete the final draft of the Procedure.

    In July/August 2006, the draft Procedure was
      distributed to INAC regional managers for
      comment. HC also distributed the draft to its
      regions and selected First Nations for
      comments.
Background on DWAs in First
Nations Communities


    Most (if not all) comments received were
      addressed by changes incorporated into the
      final Procedure.
    The Procedure will be a living document,
      regularly updated as needed.
Highlights of the Procedure



    Application
    The Procedure will apply to all INAC-funded
    First Nations drinking water systems where
    effective procedures to address DWAs do not
    already exist.
Highlights of the Procedure



     Basic Approach
     The Procedure is a step-by-step guide to help First
      Nations address the underlying causes of DWAs
      in their communities.

     The Procedure is intended for use by Chief and
      Council which will chair a new local group, called
      a Community-Based Water Team (CBWT), that
      will advise Chief and Council on how best to
      efficiently address a DWA.
Highlights of the Procedure



     Basic Approach: (cont’d)
     The main task of the CBWT is to advise Chief and
      Council and to help co-ordinate efforts to lift a
      DWA.

     When a DWA is issued, it is the responsibility of
      Chief and Council to activate and chair the CBWT
      and obtain its advice on lifting the DWA.
Highlights of the Procedure



     Membership of the CBWT
     Representatives from:
      First Nations (Chief, Council, operator, …)
      Tribal Councils, tech. services orgs.
      INAC (capital and engineering)
      HC (ex: EHO)
      CRTP
Highlights of the Procedure



     Formation of the CBWT
     Chief and Council should recruit the
     membership for a CBWT well before a
     DWA is issued and train team members
     on how to use the new Procedure.
Highlights of the Procedure



     Formation of the CBWT
     Chief and Council should also:
      Maintain a list of CBWT members; and
      Organise a teleconference with the CBWT
        periodically to address issues that could
        affect the safety of the drinking water supply.
Steps to address a DWA



    Steps to follow
    The steps to be followed by Chief and Council
    and the CBWT to address a DWA issue are
    presented in the following flow chart …
Procedure to address DWAs


             Option 1

              C&C address/lift DWA in 3-4 days and advise HC and INAC.

             Option 2
                                      C&C or                                                       C&C or
  Drinking       C&C or              designate          INAC &               Action     YES
                                                                             plan is              designate
   Water        designate          submit action       HC review
                                                                           complete?             implement
  Advisory       develop           plan to INAC        action plan
                                                                                                 action plan
   Issued      action plan           & HC for               **
                                                                                                and lift DWA
                                     review *
                                                                          NO


             Option 3

               C&C or designate           With advice from CBWT,            C&C or designate
              activate CBWT to           C&C or designate develop           implement action
              aid in development        action plan within 2 business       plan and lift DWA
                 of action plan          days of DWA being issued.


                * - To be developed within 2 business days of DWA being issued
                ** - To be reviewed and returned within 2 business days of receipt
Option 1

             Option 1
              C&C address/lift DWA in 3-4 days and advise HC and INAC.
            Option 2
                                     C&C or                                                       C&C or
 Drinking       C&C or              designate          INAC &               Action     YES
                                                                            plan is              designate
  Water        designate          submit action       HC review
                                                                          complete?             implement
 Advisory       develop           plan to INAC        action plan
                                                                                                action plan
  Issued      action plan           & HC for               **
                                                                                               and lift DWA
                                    review *
                                                                         NO


            Option 3

              C&C or designate           With advice from CBWT,            C&C or designate
             activate CBWT to           C&C or designate develop           implement action
             aid in development        action plan within 2 business       plan and lift DWA
                of action plan          days of DWA being issued.


               * - To be developed within 2 business days of DWA being issued
               ** - To be reviewed and returned within 2 business days of receipt
Option 2

            Option 1

             C&C address/lift DWA in 3-4 days and advise HC and INAC.

             Option 2
                                    C&C or                                                       C&C or
                                                          INAC
 Drinking      C&C or              designate                                  Action
                                                                            Action       YES    designate
  Water                                                   & HC                plan
                                                                            plan is is
              designate             submit                                complete?
                                                                            complete?
                                                                                               implement
 Advisory                                                review
  Issued       develop            action plan                                                  action plan
                                                          action
                action            to INAC &                                                      and lift
                                                         plan **             NO
                 plan               HC for                                                        DWA
            Option 3               review *
              C&C or designate           With advice from CBWT,            C&C or designate
             activate CBWT to           C&C or designate develop           implement action
             aid in development        action plan within 2 business       plan and lift DWA
                of action plan          days of DWA being issued.


               * - To be developed within 2 business days of DWA being issued
               ** - To be reviewed and returned within 2 business days of receipt
Option 3

            Option 1

             C&C address/lift DWA in 3-4 days and advise HC and INAC.

            Option 2
                                    C&C or                                                   C&C or
 Drinking       C&C or             designate          INAC &              Action    YES
                                                                          plan is           designate
  Water        designate         submit action       HC review
                                                                        complete?          implement
 Advisory       develop          plan to INAC        action plan
                                                                                           action plan
  Issued      action plan          & HC for               **
                                                                                          and lift DWA
                                   review *
                                                                        NO



               Option 3
                 C&C or designate                With advice from CBWT,                  C&C or
                 activate CBWT to                    C&C or designate                   designate
                        aid in                      develop action plan                implement
                  development of                 within 2 business days of             action plan
                     action plan                    DWA being issued.                 and lift DWA
Procedure to address DWAs



    Intervention (if necessary)
    Step 1 – INAC and HC approach Chief &
    Council to encourage that immediate action be
    taken to address the DWA situation.

    This will take care of most cases according to
    HC.
Procedure to address DWAs



    Intervention (if necessary)
    Step 2 – If Step 1 is unsuccessful and public
       health is at risk, INAC has the authority, as
       set out in terms and conditions of funding
       agreements with FNs, to take action to
       remedy the situation. This can include:
          Developing an action plan
          Activating the CBWT
          Implementing the action plan
News from INAC HQ




        PRESENTATION OUTLINE
         Drinking Water Protocol
         Procedure for Addressing DWAs
         Wastewater Protocol
         Circuit Rider Training Program
         National Assessment
         Summary
News from INAC HQ




             Wastewater
              Protocol
Protocol for Treatment & Disposal of
Wastewater in First Nations Communities




      Existing Wastewater Quality Standards
      All effluents discharged on Federal lands
          must meet the quality objectives set out in
          Environment Canada’s 1976 “Guidelines
          for Effluent Quality and Wastewater
          Treatment at Federal Establishments”
      Essentially these guidelines require at least
         secondary-level treatment for wastewater.
Protocol for Treatment & Disposal of
Wastewater in First Nations Communities




      INAC’s Standard
      The 1976 EC Guidelines are INAC’s
         departmental standard for wastewater
         and apply to all INAC facilities and to
         First Nations wastewater systems.
Protocol for Treatment & Disposal of
Wastewater in First Nations Communities




      New Wastewater Protocol
      INAC has now developed a draft protocol
         for the treatment and disposal of
         wastewater in First Nations
         communities.
Protocol for Treatment & Disposal of
Wastewater in First Nations Communities




      Protocol Requirements
      The new wastewater protocol specifies
         requirements for:
         Minimum treatment (1976 Guidelines)
         Design and construction
         Operations & maintenance
         Monitoring
         Record keeping, and reporting.
Protocol for Treatment & Disposal of
Wastewater in First Nations Communities




      Review & Feedback
      The first draft of a new wastewater protocol
         has been sent out for stakeholder
         review and we are now awaiting
         comments:
         INAC regions
         Environment Canada
         First Nations technical organisations
            (TSAG, OFNTSC).
Protocol for Treatment & Disposal of
Wastewater in First Nations Communities




      Evolution of the Protocol
      The Protocol will be revised and refined to
         reflect all comments.
Protocol for Treatment & Disposal of
Wastewater in First Nations Communities




      New Regulations
      Over the past two years, Environment
        Canada has been developing new
        regulations for Municipal Wastewater
        Effluent (MWWE) to be enabled under
        the Fisheries Act.
Protocol for Treatment & Disposal of
Wastewater in First Nations Communities




      Purpose of the New Regulations
      The main purpose of the regulations is to
         ensure, Canada-wide, a harmonized
         minimum standard for MWWE
         discharges.
Protocol for Treatment & Disposal of
Wastewater in First Nations Communities




      Canada-Wide Adoption
      Through the Canadian Council of Ministers
         of the Environment (CCME), the new
         Fisheries Act regulations, which will
         apply on and off reserves, will be
         duplicated in all provincial and territorial
         regulations that concern wastewater
         effluent.
Protocol for Treatment & Disposal of
Wastewater in First Nations Communities




      No Big Changes
      The new regulations essentially propose a
         minimum standard of secondary-level
         treatment for wastewater.
      In other words, they are essentially the
          same as the 1976 Guidelines.
Protocol for Treatment & Disposal of
Wastewater in First Nations Communities




      Consultation
      Environment Canada provided information
         to First Nations through various venues
         (AFN water forum, workshops).
      EC is also planning a consultation process
        with First Nations for the next couple of
        months.
Protocol for Treatment & Disposal of
Wastewater in First Nations Communities




      Adoption of the New Regulations
      When Environment Canada’s finalises and
        adopts the new regulations, INAC will
        incorporate them into the Wastewater
        Protocol.
      Until then, the Protocol will continue to
         specify the 1976 Guidelines.
News from INAC HQ




        PRESENTATION OUTLINE
         Drinking Water Protocol
         Procedure for Addressing DWAs
         Wastewater Protocol
         Circuit Rider Training Program
         National Assessment
         Summary
News from INAC HQ




    Circuit Rider Training
           Program
Circuit Rider Training
Program (CRTP)




       The Circuit Rider training Program has
          proven to be good value for money.
       In March 2007, INAC brought together
          Circuit Riders from across Canada to
          share ideas on how to improve the
          program.
       INAC is acting on these ideas.
Circuit Rider Training
Program (CRTP)




       At the meeting, we also took a survey to
           get more information about how the
           Circuit Rider program is delivered in
           different areas. There were some
           interesting findings …
Circuit Rider Training
Program (CRTP)




       Regions with full coverage and realistic
         work loads for CRTs, had the fewest
         DWAs and other problems.
Circuit Rider Training
Program (CRTP)




       At the meeting, we also took a survey to
           get more information about how the
           Circuit Rider program is delivered in
           different areas. There were some
           interesting findings …
Circuit Rider Training
Program (CRTP)




       INAC is acting on these findings:
         1. Best practices being recommended
            for adoption by all regions.
         2. Funding being increased.
         3. Coverage being expanded.
News from INAC HQ




        PRESENTATION OUTLINE
           Drinking Water Protocol
           Procedure for Addressing DWAs
           Wastewater Protocol
           Circuit Rider training Program
         National Assessment
         Summary
News from INAC HQ




              National
             Assessment
National
Assessment




     INAC is in the process of starting a
         national assessment of all First
         Nations drinking water and
         wastewater systems.
National
Assessment




     To ensure consistency and comparability
        between regions, detailed terms of
        reference for the national assessment
        are being drafted now.
     It is expected that the assessment, which
          is to commence in the next 3 to 5
          months, will take about 2 years to
          complete.
National
Assessment




     The assessment will identify the risk
       levels for all systems as well as
       provide cost estimates to build or
       upgrade, operate, and maintain
       water and wastewater systems to
       meet Departmental standards.
National
Assessment




     The assessment will also include a
       serviceability analysis (for public-
       and private-system residents).
News from INAC HQ




        PRESENTATION OUTLINE
           Drinking Water Protocol
           Procedure for Addressing DWAs
           Circuit Rider training Program
           National Assessment
         Summary
News from INAC HQ




                Summary
To Summarise the
Drinking Water Protocol




       The Protocol for Safe Drinking Water in
          First Nations Communities:
         1. In effect since March, 2006
         2. Required under the terms and
             conditions of funding agreements.
         3. Needs ongoing feedback from water
             system operators.
To summarise the
Procedure for Addressing DWAs




      The Procedure for Addressing DWAs:
        1. INAC and HC are developing plans
           to implement the new procedure in
           each region.
        2. INAC and HC regional
           representatives will need to meet
           with Chiefs & Councils to implement
           the new procedure by the end of
           this winter.
To Summarise the
Wastewater Protocol




      The Protocol for Treatment & Disposal of
         Wastewater in First Nations
         Communities:
        1. Currently uses on EC 1976
        2. Will use new regulations when they
           are finalised
To summarise the
Circuit Rider Training Program




       The CRTP:
         1. Has proven to be one of INAC’s
            best investments
         2. Funding is being increased so that
            the CRTP is expanded and
            sustained in the long-term.
To Summarise the
National Assessment




      The National Assessment of First Nations
         water and wastewater systems:
        1. Will begin in next fiscal year
        2. Will require two years to complete
           and generate reports.
Progress to date under the FNWMS




      High-Risk Systems Reduction:
       From 207 high-risk water systems
        in 2002, we are now down to only
        97 high-risk systems this summer.
       The minister’s objective now is to
        reduce the number of high-risk
        systems to 45 or fewer by the end
        of this year.
Progress to date under the FNWMS




      High- & Medium Risk Systems:
      Five risk factors are used to calculate
        the Overall Risk Score of a water
        system:
            Source risk
            Design risk
            Operations & Maintenance Risk
            Operator risk
            Record keeping & reporting risk
Progress to date under the FNWMS




      High- & Medium Risk Systems:
      To calculate the overall score, a weight
        is assigned to each risk factor:
            Source risk (10%)
            Design risk (30%)
            Operations & Maintenance Risk (30%)
            Operator risk (20%)
            Record keeping & reporting risk (10%)
Progress to date under the FNWMS




      High- & Medium Risk Systems:
       Overall   Source   Design Operations & Record  Operator
        Risk     Water     Risk  Maintenance Keeping Certification


        6.2        2        2         9          9         9
Progress to date under the FNWMS




      High- & Medium Risk Systems:
       Overall   Source   Design Operations & Record  Operator
        Risk     Water     Risk  Maintenance Keeping Certification


        2.8       10        2         2          2         2
News from INAC HQ




             Questions?
             Jim Steeves, P.Eng.
             Water Resources Engineer
             Infrastructure & Housing Directorate
             Indian & Northern Affairs Canada
             10 Wellington St., Gatineau, QC, K1A 0H4

             Phone: (819) 994-7226
             E-mail: steevesj@inac.gc.ca

								
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