Thank you for the…

Thank you for the opportunity to comment on the proposed amendments for Streamlining permissions for water takings for construction site dewatering activities and foundation drains, ERO number 019-6853. The following comments/questions are a compilation of comments from Quinte Source Protection staff, Source Protection Committee (SPC) members, and the SPC Chair.

Overall, we are very concerned with the Ministry of Environment, Conservation and Parks’ (MECP) proposal to expand the permit by rule regime to include waste management systems; stormwater management; and water-taking for construction sites dewater activities and foundation drains.

Our general concern lies in the fact the MECP will no longer undertake an up-front detailed review of applications related to the specified activities, thereby weakening regulatory oversight. The specified activities, which have the potential to cause significant adverse impacts to the natural environment and human health will no longer be subject to either government or public scrutiny prior to commencing operation in Ontario. These proposed amendments are very reminiscent of the lack of Ministerial oversight that led to the Walkerton Tragedy. The parallels are concerning and cannot be ignored under the Ministry’s Statement of Environmental Values (SEV) vision of Maintaining core work that provides strong environmental protections to safeguard our air, land, water and climate for all Ontarians today and in the future.

Ontario’s proposal to remove of the limit for groundwater-taking and to allow up to 379,000 litres of groundwater-taking per day without permit, while restricting public consultation and removing the requirement to notify conservation authorities, puts the ecosystem, human health, and municipal infrastructure at risk.

The removal of groundwater-taking limit raises a question regarding compliance with the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement (2005) that requires each named party to set threshold levels for new or increased water withdrawals.

With the demand for more housing, in the Quinte watershed we are seeing an increase in competing demands for a finite resource: water. Groundwater resources are in high demand in the Quinte Source Protection Area, where Water Budgets have determined 75% of water in the watershed is lost to evapotranspiration before it can recharge groundwater resources or runoff into surface water. In an area that is routinely subjected to drought conditions, it is concerning that there will be no review by either Ministry or conservation authority staff. Conservation Authorities keep track of water budgets, contribute to robust community engagement, and in tandem with municipal authorities are essential in protecting water and natural heritage. Without a notification process, conservation authorities can no longer ensure the water budgets are up-to-date and accurate, nor can they assist municipal partners in their quest for increased water supplies.

We also strongly recommend the Director have the ability to prohibit or limit takings where water quality or quantity issues exist. In 2019, Blu Metric Environmental completed an Assessment of Water Resources to Support a Review of Ontario’s Water Quantity Management Framework on behalf of MECP. Within that report, one of the areas studied was the Quinte Region, because of the historical drought conditions. The report concluded that this area has very different geology and ways that land is used compared to the other areas and the main stresses on water quantity in the Quinte Region are more people and businesses wanting to take water and long periods of time without enough rain (expected to get worse with climate change). Further, the report concluded that groundwater resources are only sustainable in some parts of this area because the local geology is not good at storing water. When there are summer conditions or drought, then streams, lakes, and shallow private wells may run low quickly. Groundwater will not be sustainable in the future as a result of climate change. This is based on existing science, measured water levels and flow, and computer models predicting future climate conditions.
Similarly, surface water will not be sustainable in the future as a result of climate change. This is based on computer predictions of how changes in climate will affect surface water quantity in the area. It is not hard to see that allowing unlimited water takings will result in unsustainable water takings for drinking water systems.

There are areas in the Quinte watershed where the groundwater is contaminated with numerous dense, non-aqueous phase liquids. In these areas, dewatering and foundation drains can lead to further spread of contamination, if not managed and treated properly. The lack of oversight on this situation is extremely concerning for public health as these locations are all near municipal drinking water systems. We therefore urge the Ministry to require permits for dewatering and foundation drains where they are located in vulnerable areas under the Clean Water Act.

For the many reasons explained above, we request MECP to include a level of assurance that whether an activity is in an existing or likely to be vulnerable area or that additional management measures are required by MECP staff is determined, prior to permitting. If the MECP capacity is an issue, perhaps the option of having the local Source Protection Authority determine/review the sustainability of the water taking when proposed in vulnerable areas should be used.

Thank you again for providing the opportunity to provide comments on the Streamlining permissions for water takings for construction site dewatering activities and foundation drains, ERO number 019-6853. We request MECP not proceed with the proposal until all the concerns addressed by Ontarians and all consultation requirements are met. If you have any questions or concerns about these comments, please do not hesitate to contact me .