Comment re: ERO #019-6853…

Comment re: ERO #019-6853

Self-registration on the Environmental Activity and sector Registry (EASR) for taking of any quantity of ground water or storm water including removing the current volumetric water taking limit of 400,000 litres of ground water per day from a dewatered work area of a construction site, which may include proposed or operating below water table aggregate extraction sites, must not be permitted in lieu of the current Ministry of the Environment, Conservation and Parks Permit to Take Water (PTTW) program (for removal in excess of a total of 50,000 litres per day). This current application, review, and permission process must be maintained which includes the taking of water for any use; whether agricultural, commercial, construction, dewatering, industrial, institutional, recreational, remediation, water supply or other purposes.

It is clearly stated in the Ontario government guide to Permit to take water application form that:

“The purpose of the Permit to Take Water (PTTW) program is to ensure the conservation, protection and wise use and management of the waters of the province. Permits are controlled, and not issued if the taking of more water in a given area would adversely affect existing users or the environment.”

With specific respect to aggregate extraction sites, each is unique and in most cases will consist of an environmentally complex areas of waterways, forests and wetlands supporting an ecosystem dependent on consistent seasonal variation with minimal disruptions to water balance, chemical make-up, water flow patterns, and minimal introduction of any pollutants inconsistent with the maintenance of healthy lifecycles of flora and fauna in the local ecosystem. Local business, farming and residences with well systems are also dependent on the consistency of these water systems including the balance of water flows from ground water, surface water and connecting aquifers.

Ministerial review of individual PTTW applications must persist including technical assessments by qualified hydrogeologists and the input of the local conservation authorities whose mandate includes protecting and restoring the ecological health and integrity of natural systems within their region.

Ontario must not proceed with its proposal to remove the current requirements to notify the local conservation authority of the water taking to align with changes to the Conservation Authorities Act. The rights and powers of Ontario’s Conservation Authorities to fulfill their mandate including overseeing and ensuring maintenance of our natural water systems must be restored. Conservation Authority overview, input and commenting, and permit issuance regarding industrial or development projects where water-taking or interference with rivers, creeks, streams, watercourses, wetlands, flood or erosion control may occur, as well as, considerations of potential for pollution through these projects and related issues of land conservation must be restored. It must be considered a valued input in good land and water system stewardship with regard to development project proposals and ongoing projects including aggregate extraction.

The fundamental purpose of our Environmental Protection Act (EPA) is to provide for the protection and conservation of the natural environment. Our fundamental rights are clearly outlined in the Preamble of our provincial Environmental Bill of Rights (EBOR), including our right to the primary democratic tool of public consultation as defined in Part II of this Bill:

“3 (1) This Part sets out minimum levels of public participation that must be met before the Government of Ontario makes decisions on certain kinds of environmentally significant proposals for policies, Acts, regulations and instruments. 1993, c. 28, s. 3 (1).”

Therefore, the PTTW program must also continue to include public consultation and expressions of concern, and address unacceptable impacts to the quality or quantity of water that may be identified through expert analysis of water taking activities by proposed or ongoing projects, including aggregate extraction, that affect local businesses, farms, and residential properties with wells dependent on these local water systems.