The Severn Sound…

The Severn Sound Environmental Association (SSEA) appreciates the opportunity to comment on the proposed amendments to the Directors Technical Rules under section 107 of the Clean Water Act, 2006.

The SSEA is committed to ensuring exceptional environmental quality and exemplary stewardship of the Severn Sound area through sound science, collaboration and partnerships. The SSEA is a Joint Municipal Service Board under the Municipal Act, working closely with eight lower tier municipalities and two upper tier municipalities in the Severn Sound area, as well as provincial and federal government agencies and non-government organizations. The SSEA collects, analyzes and manages environmental data and provides expertise to member municipalities, working collaboratively to protect and restore local water quality and natural heritage, ensuring healthy terrestrial and aquatic ecosystems, the cornerstone of the Severn Sound community and economy. The SSEA is one of the local Source Protection Authorities (SPA) within the South Georgian Bay Lake Simcoe Source Protection Region and has been delegated Part IV enforcement powers under the Clean Water Act for seven of our member municipalities. The SSEA is one of two non-Conservation Authorities operating as an SPA in Ontario.

The SSEA is pleased that the Province is trying to stay current, relying on the best available science of the day, and addressing implementation challenges identified since the release of the 2017 Directors Technical Rules. The actions the Province is taking to clarify definitions, align with other regulations already in place, and update various threat circumstances to reflect current science will definitely enhance Source Protection for our Municipalities.

The SSEA provides the following section-specific comments

Part 1.6, Rule 15.3
• SSEA is pleased with, and supports, the addition of climate impact risk assessment, assessment report requirements, should a source protection committee decide to evaluate the climate impacts on our local drinking water sources.

The SSEA offers the following comments specific to the drinking water threats circumstances subcategories listed in Section 1

1. Application of Road Salt
• We agree with a more proactive approach with more stringent thresholds, this will capture more threats before larger problems are known, with a greater alignment with the goal of the program. However, we are unsure of implementation outcomes at this time.
• It is recognized that rising salt concentrations outside of municipal drinking water source protection areas would be out of scope for the Clean Water Act, therefore we suggest the Province consider mirroring, and making mandatory, existing salt education and outreach initiatives, similar to Smart about Salt, to make this a Province-wide program to protect all drinking water sources.

2. Handling and Storage of Road Salt
• The proposed minimum salt storage thresholds of 10 kg for exposed and 50 kg for enclosed storage are a significant decrease from the current circumstances and may be too stringent. Rationale for the threshold decrease and increase in complexity of the proposed circumstances would facilitate implementation at the Risk Management Official / Inspector (RMO/I) level. The expected increase in threat numbers may be challenging to implement. Guidance around any exemptions (i.e. residential) is also needed.

7. Storage of snow
• Clarification would be appreciated on how the minimum snow storage of 200 m2 (0.02 Hectares) was established. In addition, providing an explanation of how the change in amount of snow stored and the threat significance level increase would benefit threat identification and risk management processes; previously, storing at least “0.01, but not more than 0.5 hectares” in a WHPA would be a low or moderate threat, and now storing “0.02, but not more than 0.5” hectares would be considered significant.
• The SSEA has concerns that this will be too restrictive and very onerous for Risk Management Officials to implement in the higher snowfall regions of the province.

8. Dense Non-Aqueous Phase Liquids (DNAPLs)
• Although the SSEA agrees with the concept of linking activities to an active regulation (in this case O.Reg 153 – Records of Site Condition), clarity and guidance around the implementation of List 1 is needed (i.e. is the list required, can you add or subtract, or bypass altogether?).
• We suggest greater guidance is still needed specific to the handling of physical chemicals/products relating to source protection. For example, in a retail setting, should unopened, small (under 500 ml) packages or containers be treated as DNAPLs, and how should aerosol containers be handled?

11. Handling and Storage of Fuel
• The SSEA strongly supports this being treated as one threat and not two. It would be beneficial when dealing with various operations such as gas stations, and would help give Risk Management Officials stronger backing and shows greater alignment with the goals of the drinking water source protection program.

12. Handling and Storage of Commercial Fertilizer
• Clarification should be provided on whether the circumstances surrounding the storage of fertilizer would apply only to commercial/retail spaces or if the farming community (individual farms) would also be included.

The SSEA appreciates that the Province is continuing to prioritize the protection of municipal drinking water sources from over use and contamination and we look forward to continuing to working with our local municipalities and partners to implement the drinking water source protection program. If you have any questions or comments please feel free to contact the undersigned at mcarruthers@severnsound.ca.