Edgar Tovilla

This paper builds on previous research to address the question of whether there is practical value for a made-in-Ontario municipal management system standard (MSS) for wastewater and stormwater related activities, in addition to the Drinking Water Quality Management System Standard (DWQMS) that is already statutorily required. This research specifically addressed the questions: is there value in a mandatory or voluntary MSS; is there neutral, positive, or negative effects by having an MSS; and what standard is more adequate. Through a focus group method, this research finds evidence in support of and wide recognition of the practical value an MSS in assisting municipalities in meeting their environmental objectives, addressing property damage risks, providing an additional mechanism of public accountability, and improving alignment with the legal structure. It was also apparent that there is no political appetite in the provincial government to embark on a mandated MSS, so the preferred option at this time appears to be a provincially endorsed, voluntary, sector-specific standard for wastewater and for stormwater, which could constitute a catalyst to boost voluntary uptake of MSS by small to medium municipalities (as it is already occurring with large municipalities). This standard could be based on a customized variation of the ISO 14001, DWQMS.

The research finds evidence in support of and wide recognition of the practical value of management system standards (MSS) by assisting municipalities in meeting their human health protection, environmental objectives, addressing environmental and property damage risks, and providing an additional mechanism of public accountability and transparency. Semi-structured interviews were applied to assess perceptions with practitioners and environmental non-governmental organizations on whether a similar approach to the legally required drinking water quality management standard (DWQMS) could be applied for the municipal wastewater and stormwater sectors. Twelve Ontario municipalities have adopted or are in the process of adopting an ISO 14001 environmental management system (EMS) standard for their wastewater and/or stormwater systems, which represents 66% of Ontario’s population. With the large urban centres (e.g., Toronto, York Region, Durham Region, Halton Region and Peel Region) adopting the standard, this is likely to influence small to medium-sized cities to follow a similar approach. Although, resources might be a factor preventing the cohort of smaller utilities voluntarily taking this path. Regulations governing Ontario’s municipal drinking water, wastewater and stormwater utilities were compared via gap analysis. Gaps on management of the system, performance monitoring, auditing and having minimum design criteria left the municipal wastewater and stormwater sectors behind in comparison with recently updated (2004–2008) regulatory framework for the drinking water sector. Based on the identification and review of significant gaps in wastewater and stormwater regulation (compared with the drinking water sector), environmental MSS should be incorporated to strengthen the regulatory framework of these sectors. These phenomena also depict a form of sustainable governance with the use of MSS, which are initiated, developed and regulated by non-state actors, recognizing the value of non-state rule instruments in the water, wastewater and stormwater sectors.

This study examines the governance approaches applying to Ontario's municipal water management activities and observes an environmental policy convergence occurring in two different dimensions: across the drinking water, wastewater, and stormwater aspects of municipal water activities with respect to governance approaches, and federal, provincial, and municipal governments in terms of drawing on private management system standards to supplement conventional regulatory requirements. This study supports the proposition that municipal water governance approaches are developed within a context that includes both state-based requirements and non-state market-oriented standards such as ISO 9001 and ISO 14001, and this context facilitates convergence and calibration between and among state-based and private governance at the public policy level adopted by municipalities. In addition to increasing use of private environmental management systems (EMSs) by Ontario municipalities as methods of addressing operational challenges they face, Canadian courts are also referencing EMS in their decisions. This article suggests that EMS standards such as ISO 14001 can be useful supplements to state regulations, and this supplementing would not be characterized as supplanting or substituting conventional state-based regulation, but rather as a form of practical and conceptual ‘bridge’ between public and private forms of regulation.