ERO 019-3682 Comment for…

ERO 019-3682 Comment for July 12, 2021

We believe this permit request is non-compliant to the stipulations by Ministry of Environment, Conservation and Parks (MECP) and is also non-compliant with the extension of the stipulations via by-laws from the Township of Whitewater Region. Therefore this application should be rejected at this point in time.

In terms of the MECP, in the supporting documents provided to us, which are the Application for Approval of Hauled Sewage (septage), Sewage Biosolids and Other Wastes reference ERO 019-3682, including a County of Renfrew map dated 2/12/18 showing the spreading area and distances from key locations, and an Infiltration Assessment by GHD Limited dated Dec 12, 2017.

On the application there is a field which states the distance to other sensitive land use, the creek, in metres. This distance of 178.89m is greater than the MECP regulation of 150m and therefore meets MECP requirements. On the same County of Renfrew map there is an identification that the distance from dump/spreading area to the creek is 129.91m which is less than MECP regulation of 150m. This does meet the MECP regulation.

In the Infiltration Assessment provided there is a statement by GHD Limited “rates of infiltration will change with varying soil moisture and depend on seasonal fluctuations”. We feel that an Infiltration Assessment should be more current, not four years old and should be done three or four times throughout the time periods when dumping/spreading is allowed this would cover situation such as a heavy rainfall season. The implication of the GHD Limited statement gives MECP the right and need to have a current assessment. MECP should request such an evaluation by an independent organization at the applicant’s expense. Even though the application indicates with a big * that no septage has been dumped/spread, only MECP can determine if this is true based on the dumping/spreading logs, we cannot validate.

In terms of the Whitewater Township by-laws and the County of Renfrew Official Plan which provide an extension of the MECP requirements and assist MECP as custodians and caretakers of the land and environment. We cannot see why the MECP would not support these additional measures especially when in the ERO Document and agreement under the heading “Other” there is the following statement:
“Prior to the spreading of hauled sewage, the operator is responsible for ensuring that all necessary approvals, licences or permits that may be required from other authorities, such as the local municipality, conservation authority, MNRF and OMAFRA, have been acquired” .

Official Plan of the County of Renfrew

The County of Renfrew Official Plan provides general development policies relating to Hauled Septage Disposal which is summarized as follows:
- Defines hauled septage as waste removed from a septic tank and permits the use in Rural or Agricultural designations.
- Requires a local zoning by-law amendment for new sites.
- Permits a local municipality to establish minimum separation distances in the zoning by-law for new hauled septage disposal sites and existing or proposed residential, commercial, institutional and recreational uses and associated wells as well as public roads and surface waters.
- Specifies that sites shall be located so that pollution of any watercourse or ground water does not occur. - Requires that sites be adequately screened, fenced and posted including all open storage areas and disposal site operation.
- Specifies that the operation, maintenance and closing of a hauled septage disposal site shall be in accordance with the standards and regulations of the Ministry of the Environment and Climate Change. T

There are also general development policies relating to Nutrient Management and the land application of septage which is regulated by the Province in accordance with the Nutrient Management Act and the Environmental Protection Act.

Whitewater Region Zoning By-laws

Westmeath Zoning By-law No. 98-13 and Ross Zoning By-law No. 23-92 both establish land-use policies to regulate the use of hauled sewage spreading sites. The use is generally defined as untreated sanitary waste from a septic tank, privy or holding tank. Both zoning by-laws establish the following similar separation distances:
i. Two hundred (200) metres of any dwelling on another lot;
a. It seems the application is in compliance;
ii. Seven hundred fifty (750) metres of any subdivision or land zoned for residential development;
a. The adjacent houses do not seem to be in compliance of subdivision or land zoned for residential development. Is a single home considered a development?
iii. One hundred fifty (150) metres of any uncased well;
a. Wells are not marked on the map, but there have been concerns raised by neighbours about well contamination;
iv. Seventy-five (75) metres of any well with a casing depth of six (6.0) metres or less;
a. Wells are not marked on the map, but there have been concerns raised by neighbours about well contamination;
v. One hundred eighty (180) metres of any surface water;
a. The application is non-compliant. One measurement to the creek is 178.89m; the second measurement is 129.91m. Both are under the required 180m.
vi. Thirty (30)/ Sixty (60)/ Ninety (90) metres of the right-of-way of any road;
a. The map does not show a measurement to Davidson Road so we cannot determine compliance;
vii. Sixty (60) metres of any land used for livestock pasturing.
a. There is no indication this dumping/spreading area is fenced or posted. It is possible the applicant feels there is no need as it is claimed there never has been any dumping/spreading. It is realistic to assume that as this is a renewal there will be dumping/spreading so we believe the applicant is non-compliant.

Based on the above evaluation this application should be rejected at this point in time.

In the year 2021 there are better solutions than the dumping of raw untreated human sewage and thereby exposing the land and waterways to contamination. Yes, we understand there will be increased costs but we think this is necessary to protect the land and environment and the people who live in Township of Whitewater.

We are totally supportive of all regulations the MECP, as custodians and caretakers of the land and environment provides. We are equally supportive of the Township of Whitewater or any other Ministry or agency which motivates the disposal the raw untreated human waste in a facility where it will be treated therefore not impact the land and the environment in a negative manner.