Ministry of Municipal Affairs and Housing Ministère des Affaires municipales et du Logement On-Site Sewage Systems Maintenance Inspections Source Protection Committee Chairs Meeting January 17, 2010
On-Site Sewage System Regulation The Building Code Act, 1992 (BCA) and Building Code regulates onsite sewage systems contained on one lot and with a daily design sewage flow of not more than 10,000 litres per day Includes septics systems Building Code sets out technical and administrative requirements established for the construction, alteration and repair of systems Code also establishes general requirements for the operation and maintenance of existing on-site sewage systems Larger systems, or those that serve more than one lot, are the responsibility of the Ministry of the Environment There are an estimated 1.2 million on-site sewage systems in Ontario Enforcement of the Act and Code is assigned to principal authorities, generally municipalities However, health units and conservation authorities have responsibility for enforcing the on-site sewage system requirements of the Code in some circumstances 08/03/2011 2
Maintenance Inspections: Overview Recent amendments to the Building Code establish and govern mandatory on-site sewage systems inspection programs Areas for mandatory programs: Certain vulnerable areas identified in assessment reports approved under the Clean Water Act, 2006 Certain stressed sub-watersheds around Lake Simcoe These areas are set out in Article 1.10.2.3 of Division C of the Code) Mandatory inspection programs are designed to establish compliance with Section 8.9 of Division B of the Building Code, which addresses the operation and maintenance of on-site sewage systems Principal authorities may also choose to establish discretionary maintenance inspection programs within their jurisdictions 08/03/2011 3
In-Force Dates Mandatory inspections: Regulation took effect January 1, 2011 Inspections to be completed no later than January 1, 2016 (or, where an assessment report is approved after January 1, 2011, no later than 5 years after approval) Certain excluded Lake Simcoe areas: Regulation takes effect January 1, 2016 Inspections to be completed as of January 1, 2021 Maps of these areas are available on the Ministry website Sewage systems constructed on or after January 1, 2011 must be inspected within five years after construction of the system Inspections are to be conducted on a re-occurring basis every five years 08/03/2011 4
Prioritization Principal authorities may decide to prioritize, within the 5-year period, systems for inspection on an at-risk basis Considerations may include: Proximity to a municipal residential drinking water well or surface water intake, as identified in the local assessment report Known groundwater or surface water contamination related to sewage Previous drinking water issues at a well or intake that may be related to sewage Age of on-site sewage system Systems without records 08/03/2011 5
Third-Party Inspections Principal authorities may accept third-party certificates of inspection, rather than conducting their own inspections Qualified persons authorized to conduct third-party inspections include: Designers and installers of on-site sewage systems, holding a Building Code Identification Number Architects Professional engineers Forms of certificates in relation to third-party inspections have been prepared and are available on the Ministry website 08/03/2011 6
Overview of Inspection Protocol MMAH proposes to include a protocol for maintenance inspections in the Appendix to the Building Code This protocol outlines a progressive audit approach to inspections of on-site sewage systems Under the protocol: Initial inspections are designed to be non-intrusive tests and will generally avoid significant disturbance to the system and the surrounding soil area Where concerns are identified, more tests may follow Principal Authorities may wish to maintain documentation of maintenance inspections, including identification of any deficiencies notes and records of any enforcement action taken 08/03/2011 7
Identification of Areas for Inspection Under the protocol, principal authorities will first need to identify areas subject to inspection programs Systems within these areas may be identified by reviewing: Assessment reports approved under the Clean Water Act, 2006, in consultation with the local source protection authority Permit applications issued under the BCA Certificates of approval or use permits issued under the Environmental Protection Act Records of problems or complaints Water use records Maintenance inspection reports Lists of properties not serviced by sewage works administered by MOE or municipal services Field surveys 08/03/2011 8
Maintenance Inspections Phase I Under the protocol, the purpose of Phase I inspections is to Obtain up-to-date information on the system Locate the system s components Identify obvious or outward signs of malfunction or failure Identify systems at risk of malfunction or failure 08/03/2011 9
Maintenance Inspections Phase I Under the protocol, a Phase I inspection would normally identify: Type of building occupancy Source of water supply Approximate volume of sewage generated Use of special devices, e.g. garbage grinders or water softeners General nature of the system Location of system s components with respect to wells, surface water, and other environmental features Approximate level of ground water Size, material and condition of septic tank or holding tank Frequency of tank pump-out and last time the tank was cleaned Any indication of system failure, e.g. evidence of back-up, odour problems, signs of hydraulic failure and/or the condition of surface vegetation Documentation of previous effluent sampling test results 08/03/2011 10
Maintenance Inspections Phase II Under the protocol, it may be appropriate to undertake more intensive inspections where: The Phase I maintenance inspection identified that the septic system is at risk of future malfunction or failure, or The Phase I inspection detected a malfunction or failure, but did not reveal the reason Phase II inspections outlined in the protocol mirror typical Building Code enforcement activities in the case of potentially failing systems or investigations 08/03/2011 11
Next Edition of the Building Code: Public Consultations Development of the 2011 edition of the Building Code is underway Proposals related to septics will be included in the second round of public consultation 08/03/2011 12
Further Materials Further information, as well as materials for implementation of maintenance inspection programs, is available online at: www.ontario.ca/buildingcode Materials include: Certificates of third-party inspection Order to Comply in respect of sewage systems maintenance inspection programs Maps of excluded areas Guideline protocol for inspections will be available shortly as an appendix to the Building Code 08/03/2011 13