Thank you for the…

Thank you for the opportunity to comment on the proposed extension of the moratorium on water bottling permits. Access to safe and sustainable water is vital to the health and wellbeing of Ontarians. We submitted comments on the original proposal to establish a moratorium on the issuance of new or increasing permits to take water for water bottling (EBR #012-8783, letter addressed to Mr. Leo Luong dated November 28, 2016), as well as the Bottled Water Technical Guidance Document in 2017 (EBR #012-9151, letters addressed to Mr. Patrick Spezowka dated January 24 and 31, 2017).

We strongly supports the Ministry of the Environment, Conservation and Parks (MECP) proposal to amend Ontario Regulation 463/16 to extend the current moratorium for one year (until January 1, 2020) to evaluate the existing framework that currently govern water taking. In addition, we fully support the MECP engaging in studies to further the understanding of the water resources in the province. These studies are needed to better understand the cumulative impact of multiple water taking activities on water security, the environment and resilience to climate change, as well the impact within a single watershed.

While we congratulate the MECP on advancements made in the past two years, we have ongoing concerns about water taking in the Province of Ontario. We offer the following recommendations on a number of outstanding issues for the proposed regulation.

Recommendation: Ensure the requirement to conduct a cumulative effects assessment becomes a permanent requirement on a go-forward basis.

Currently, under the Interim Procedural and Technical Guidance Document for Bottled Water Renewals, all applications for water bottling shall consider the potential for cumulative effects, under current conditions and various climate change or drought scenarios. We recommend that this become a permanent requirement.

Recommendation: The moratorium and planned actions should be expanded to include water bottling facilities using surface waters.

As discussed in our previous submissions, expanding the moratorium and the planned actions to include surface water (not including municipal water systems) is required. A holistic view must be considered in assessing water taking within a watershed since surface water and groundwater are interconnected by the hydrologic cycle. Very little groundwater and surface water used to manufacture bottled water is returned to the local watershed. Surface water levels are also subject to variation due to extreme temperatures and/or drought. This will also address critical gaps in the regulatory framework. Health Canada’s Food and Drug Regulation allows for bottled water from sources other than groundwater as long as it is not labeled as “spring” or “mineral” water. In the face of climate change, drought and extreme weather, surface water bottling facilities can contribute to the cumulative effects on the local hydrogeology and groundwater resource reserves.

Recommendation: Improve regulatory oversight and notification to local public health units of water bottling facilities that use surface waters but do not withdraw more than 50,000 L/day.

Water bottling facilities that do not withdraw more than 50,000 L/day are not required to obtain a Permit To Take Water (PTTW). Also, there are also no requirements for operators to notify the Canadian Food Inspection Agency (CFIA) or local public health units of their intent to operate, which presents a significant challenge in identifying and effectively monitoring and regulating these facilities. The lack of regulatory oversight of these smaller scale water bottling facilities can result in bottled water being produced under unsafe and unsanitary conditions that may compromise public health and safety.

An example that highlights the importance of increased regulatory oversight of smaller scale water bottling facilities is the investigation of the Caledon Clear Water Corporation (also known as Blue Glass Water). In 2013, we conducted an investigation of this small-scale operation and identified significant public health concerns related to unsanitary conditions and lack of quality assurance of the water treatment. Water samples from this facility were heavily contaminated with indicator bacteria and deemed unsafe to drink. We issued a health protection order to the premises owner to immediately stop production, processing and distribution of the product, which had been widely distributed in restaurants across Southern Ontario. The order is still in effect today.

To address the critical gap in the regulatory framework, there is a need to increase regulatory oversight (and the resourcing to do so) of water bottling facilities withdrawing less than 50,000L/day and include a requirement for these smaller scale facilities to notify the appropriate regulatory authorities of their intent to operate. The MECP should also ensure that there are adequate resources in place to implement the regulatory oversight of these facilities.

Recommendation: Water takers should be categorized based on volume of water withdrawn, potential impact on the environment, on groundwater resources, and subject to appropriate criteria in the issuance of Permit To Take Water (PTTW) for water bottling.

A distinction needs to be made between various categories of water takers as they differ by the volume of water withdrawn, cumulative environmental impact, and effect on the watershed’s groundwater resources. For example, water takers for industrial cooling or power generation return the water to the source watershed fairly quickly. In contrast, very little water used to manufacture bottled water or processed beverages is ever returned to the local watershed.

Currently, only water bottling facilities withdrawing more than 50,000L/day (which is a significant amount of water) requires a PTTW. A thorough review is needed to determine whether the 50,000L/day threshold is sufficient to protect and conserve water for future generations or if it should be lowered.

Recommendation: Continue to enforce mandatory reduction of water taking during drought conditions in the Permit To Take Water (PTTW).

We support the mandatory reduction of water taking during drought conditions in the PTTWs for water bottlers. We also recommend that the MECP review whether the mandatory minimum decreases in the daily average water taking be reviewed to determine if these levels are sufficient and employ measures to prohibit water taking when necessary.

Updates to the Ministry Drinking Water Quality Management Standard through version 2.0 of the standard, prescribes mandatory consideration of Climate Change (e.g. droughts) to the operations of municipal drinking water systems in their annual Risk Assessment. With new and more stringent requirements imposed onto the municipal drinking water system operating authorities, it is only fair that the above recommendation is in place for commercial water bottling industry. The Ministry should continue balancing and weighing comments from municipal partners more heavily in recognition of continued population growth and security of available water sources. Community water use should be prioritized over industry use.

Recommendation: Review the sustainability of water bottling facilities operating with expired permits for which no decision has been made on the renewal application.

Currently in Ontario, water bottling facilities that have submitted their application for a permit renewal 90 days before its expiry can continue to operate under the terms and conditions of their existing permit when it expires, until a decision is made on the renewal application (Ontario Water Resources Act, section 34.1 (6)). For example, the Nestlé Waters Canada Aberfoyle Site’s permit expired on July on July 31/16, and the Erin Site permit expired on Aug. 31/17. Both permits remain in force until the renewal application has been renewed or refused. We recommend that the MECP require that the permit renewal be submitted to the MECP 6 months in advance to ensure that a decision is made on their renewal application before the old permit expires.

Recommendation: Promote that Ontario’s municipal water standards are stringent, that Ontario’s municipal water is safe, free, convenient and environmentally friendly and increase access in public places where possible.

Ontario’s municipal drinking water is a safe, free, convenient and an environmentally friendly source of water. Municipal water is regulated by the Safe Drinking Water Act and undergoes rigorous testing to meet the Ontario Drinking Water Quality Standards (O.Reg 169/03). We strongly encourage the Ministry to increase public trust in safe tap water for Ontarians. Promotion of municipal drinking water can reduce reliance and demand on single-use, plastic disposable water bottles as well as the generation of plastic waste.

The Ministry must promote municipal water as a public trust and not a commodity and balancing economic opportunities of pop up bottling plants against environmental sustainability and long-term planning.

Recommendation: Establish a mandatory deposit return program for plastic water bottles.

Ontario is one of two provinces that does not have a deposit return program for plastic bottles. Many plastic bottles end up in landfills and are contributing to the rise in microplastic pollution.

A refundable deposit program for plastic bottles, such as the one already in place for beer and wine bottles, will reduce waste and litter as well as promote recycling.

Aside from creating an impact on the environment by lack of plastic water bottle return program, which would help divert plastic from the landfills, consideration should also be given to other environmental impacts created by the greenhouse gas emissions and noise pollution associated with moving and shipping bottled water.

Recommendation: Ministry consultation requirements should include a requirement to notify and consult with public health departments in reviewing permit applications.

As part of the review of a permit application, the Ministry notifies and consults with a number of stakeholders including municipalities, conservation authorities and First Nations and Metis communities/organizations. We recommend that public health departments be included in these consultation requirements. In addition, to promote consistency of the process, the guidance document should specify the department(s) within the municipality that will receive the notification.

Thank you for the opportunity to comment on the proposed moratorium. We support the direction proposed by the MECP to evaluate existing rules and policies that govern water taking and further the understanding of our water resources, including sustainability in the face of climate change and population growth.

Water is a finite resource that impacts both current and future water users, as well as the environment. Consideration should also be given to other potential impacts of water taking, such as plastic production and disposal, carbon emission generation by trucks, and whether bottling water is a sustainable practice overall.

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