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Health Authorities to Review and Approve Filings
The Ministry of Healthy Living and Sport has recently released changes to the Sewerage System Regulation that will affect the industry significantly and the way an authorized person will interact with the health authorities. Additionally, the regulation changes include a prescribed standard for “well” setbacks, defines a new category of professional and allows for home owners to install their own systems. The changes state:
- Health Authorities that accept filings and maintenance plans must ensure the proposal will not create a health hazard
- Home owners may install their own systems
- Septic tanks, Type 2 and 3 systems must be 30 meters from a well supplying domestic water
- Practitioner education becomes the responsibility of ASTTBC
The following is a description of the changes and potential effects:
Section 1 The definition of “construct” now allows for all authorized persons to provide supervision to anyone for the purposes of planning, conduct site assessments, install, repair or alter a sewerage system or in the case of maintenance, supervise the maintenance of the system.
This change provides an Authorized Person the power to supervise anyone to do any work outlined within the Sewerage System Regulation. However, the Authorized Person must submit the filing documentation, Letter of Certification and supervise the quality of the work performed
A new section has been added to the regulation, section 2.1 “Prescribed health hazards and regulated activities” that replaces the definition of health hazard but more importantly outlines the responsibilities of health officers (environmental health officers) with regard to proactive assessment.
The section states that a prescribed “health hazard” occurs where the proposed construction or maintenance of a system will, in the opinion of the health offices, cause a health hazard. The wording in the section outlines the necessity of the health officer to review the proposal, which in the case of the Sewerage System Regulation is the file documents and maintenance plan, to ensure the system will not create a health hazard when it is constructed and throughout the maintenance of the system.
The new section 2.1 in combination with section 11 which defines the health officer’s power to make orders and carry out inspections in accordance with the Public Health act, provide the basis for a similar process as was in place prior to the advent of the Sewerage System Regulation. Based on this it would be advisable for all Authorized Persons to contact their health authority office to ensure that proper procedures are followed.
A new section 3.1 has been added to the regulation, section 3.1 “Setback from wells” is a prescriptive section that replaces the setbacks to wells outlined in the Sewerage System Standard Practice Manual (SPM) . Section 3.1 requires Sewerage Systems be located greater than 30 meters (100 ft) from a well that supplies domestic water. This section does not separate the distribution area from the treatment unit (septic tank, type 2 ) which makes the prescribed standard more restrictive than any other similar standard in Canada or North America. It is also worth noting that the setbacks to other sources of domestic water remain within the SPM.
Section 3.1 does provide a mechanism to site systems closer to domestic wells, to move a system to less than 30 meters from a well if a “Professional competent in the area of hydrogeology” provides advice that the system would likely not cause a health hazard as a result of the reduced setback. The section is unclear as to whose responsibility it is to obtain the advice but it must be submitted to the health authority. Authorized persons seeking to obtain the services of hydrogeology professional may wish to contact the BC Ground Water Association at http://www.bcgwa.org/.
Section 6 has been amended to allow for home owners to construct or maintain a sewerage system on their own land as long as the owner is supervised by an Authorized Person. This is consistent with and clarifies section 1 which allows supervision of anyone to do work under the regulation. The Authorized Person remains responsible for the submission of filing documents, maintenance plans and letters of certification.
Section 7 of the regulation has been amended to ensure all training occurring through an institution based in BC is recognized by the Applied Science Technicians and Technologists of BC replacing BCOSSA in this role.
These regulatory amendments came into effect June 25th, 2010, Authorized Persons should contact their local health authority regarding the status of ongoing file documentation and to ensure they receive a written assurance that their file proposal is acceptable before proceeding to construct or maintain.
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We have asked the Ministry of Healthy Living and Sport for
clarification of these setbacks and the questions and replies from
Rupert Benzon are as follows:
Answer: 15m setback distance to holding tanks, and 30m setback to
septic tanks.
Answer: If you are referring to the solid pipe which runs from the
septic tank to the distribution box, as well as the pipe from the
structure (house) to the septic tank, there is no minimum setback
required.
a. The filing has setback reductions but these have been made by a
professional who is not a hydrogeologist.
Answer: Please note that in the SSR, the definition of 'construct'
includes the planning of a sewerage system. Therefore, construction of
the system can be considered to have commenced at the planning stage
(i.e. when the filing for the system has been submitted) and the
recent amendments to the SSR would not apply in these cases.
b. The filing has tanks within 30 m of a well
Answer: The same holds true for septic tanks within 30 m.
Answer: Repairs which are being implemented on systems which have
already been constructed under the SSR , do not have to meet the new
setback standard (i.e. if the existing system was built with setback
reductions). |
