Receiving an order from senior levels of government does not have to be in the form of an order but can be ordered to comply via communication through email or verbal instruction. We were given direction verbally to comply, or ordered, when the ODW visited the Beaconia Pail Fill to conduct their annual compliance inspection in 2020. Following the February 28, 2022 inspection we received an official direction to make several mandatory changes to the well.
You can view the letter below that was sent by regulators stating that changes must be made, including a flow control device and a disinfection process to ensure the safety of the water for human consumption.
The RM will not willfully ignore instructions related to specific legislation and an order is typically the last course of action when the authority having jurisdiction (in this case the Province) feels all other means to comply have failed. We have been working with senior levels of government in order to comply with legislation and make sure the service can be provided in some fashion for the community.
A helpful example to help understand the situation would be, take our Protective Services Officer. They enforce our already existing By-Laws. When someone is in contravention with a By-Law, the officer would give that person direction to comply with existing By-Laws and would then work with that person to comply.
This applies to the situation with the Beaconia Well. The bodies that regulate the well have notified us that we are in contravention with their already existing regulations in the Groundwater & Well Water Act, which we have outlined the exact sections that are applicable, and we are working with the regulating bodies to bring it into compliance.
The issues around the Beaconia Well are clearly identified through the Groundwater & Well Act and Well Standards Regulation and specific excerpts from both can be found below:
Well Standards Regulation
Flow control device
27(1)
A person constructing a flowing artesian well must install a flow control device that is capable of
(a) stopping the discharge of water from within the well casing; and
(b) withstanding the freezing of water in the well casing.
Flow control device — owner responsibility
27(2) After the requirements of subsection (1) have been fulfilled, the owner of the land on which the well is located must ensure that the requirements of clauses (1)(a) and (b) continue to be met.
The Groundwater and Water Well Act
Property owner to ensure no uncontrolled flow
39(3) An owner of land on which a flowing artesian well or a flowing artesian test hole is located must ensure — except during construction and any period after construction necessary for the person who performed the construction to bring the flow of water under control — that water does not flow from the well or test hole in an uncontrolled manner.
Well and site maintenance
42 Every owner of land on which a well is located must ensure that
(a) the upper open end of the well casing is covered in a manner that prevents any substance that could adversely affect the quality of water in the well from entering the well;
(b) the land around the well is satisfactorily mounded to promote drainage away from the well;
(c) the well and the well site are maintained in a manner that prevents any substance that could adversely affect the quality of water in the well from entering the well;
(d) the well is protected from flooding, if it is located in an area where it may be subject to damage by flood water;
(e) the well is protected at the ground surface from physical damage; and
(f) the prescribed requirements for maintaining the well and well site are satisfied.
Well construction and well sealing orders
53(1)
The director or a well drilling officer may make a well construction order or a well sealing order under this section if he or she reasonably believes that
(a) an existing well or test hole, or a well or test hole under construction,
(i) is, may be or may become a risk to human health or safety,
(ii) is adversely affecting, or may adversely affect, any property, or any groundwater or other feature of the environment,
(iii) is, or may be, a contaminated well, or
(iv) does not comply with the requirements of this Act; and
(b) an order is necessary to investigate, prevent, remedy, mitigate or otherwise deal with the matter.
Example:
A better example to help understand the situation would be, take our Protective Services Officer. They enforce our already existing By-Laws. When someone is in contravention with a By-Law, the officer would give that person direction to comply with existing By-Laws and would then work with that person to comply.
This applies to the situation with the Beaconia Well. The bodies that regulate the well have notified us that we are in contravention with their already existing regulations in the Groundwater & Well Water Act, which we have outlined the exact sections that are applicable, and we are working with the regulating bodies to bring it into compliance.