Please see the City of…

Please see the City of Hamilton, Hamilton Water Division comments below.

General Comments:

The City requires the authority to regulate effluent quality and quantity currently achieved through its Sewer Use By-law. The quality and quantity limits are in place to protect our infrastructure and to also ensure that provincial and federal quality effluent requirements for discharges to the environment (e.g., Procedure F-5-5, PWQO, ECA, etc.) are met. By limiting the ability to set criteria for discharges to sewer systems, municipalities would not have the control needed to comply with its sewer system approval conditions for effluent quality and quantity. 1). What will the water quality targets be? 2) Who will be responsible for contaminant discharges from municipal infrastructure to the natural environment? 3). Who will manage and mitigate adverse impacts on flood risk and CSOs?
The City is responsible for infrastructure planning, asset management and operational costs including transmission and pumping requirements, Asset lifecycle repair, renewal and replacements needs that are unique for each municipality for each type of infrastructure.

The MECP is proposing to streamline permissions for temporary water takings, including removing the current water taking limit of 400,000 litres of ground water per day from one or more dewatered work areas at a construction site. The self-registration rules provided in O. Reg. 63/16 would continue to apply to all water takings of greater than 50,000 litres per day, including necessary measures to ensure that water quantity and quality are not affected upstream or downstream of the work area, and that discharges associated with the water taking do not cause adverse effects to the environment. To ensure compliance with the EASR rules-in-regulation, the MECP would retain the ability to inspect such water taking activities to ensure they comply with all necessary legal requirements.

Hamilton Water has the following concerns regarding proposed streamlined process for construction dewatering:

• Potential for surcharging of storm, sanitary and/or combined sewers and increases combined sewage overflows
• EASR postings for water taking will mean that there is no or limited public or municipal knowledge of water taking. Consideration for municipal notification about local EASR applications and access to the EASR information is recommended.
• Consumption of conveyance and pumping capacity reduces available municipal servicing capacity to support growth and development.

Foundation Drains and Permanent Dewatering:

Exemptions for Residential Foundation Drainage Systems
The MECP is proposing regulatory amendments to O. Reg. 387/04 under the Ontario Water Resources Act to exempt residential foundation drainage systems from requiring a PTTW for water takings of up to 379,000 litres of water per day. Currently, water takings of over 50,000 litres per day from residential foundation drainage systems would require a permit to take water per section 34 of the Ontario Water Resources Act. The proposed regulatory change would result in water takings for residential foundation drainage systems under 379,000L/day no longer requiring an ECA or registration on the EASR. Limited exceptions for certain types of water takings are provided in subsections 34(2) and (3) of the Act.

Hamilton Water is concerned that removal of 400,000 L per day for water takings will have a negative impact to the environment due to cumulative impacts associated with multiple water takings within an area or proximity to contaminated sites.

The following is recommended:
• That water takings proposed in water quantity stressed areas (WHPA-Qs) and Significant Groundwater Recharge Areas (SGRAs) are appropriately screened to consider potential cumulative impacts, including those outside of any overlapping areas of influence
• That discharge locations should be in accordance with the City Sewer By-Law or any other local policies.
• That the MECP create guidance for developers as well as the municipality on how to assess the impacts and integrate the provincial and local processes.

• The City is looking to limit foundation discharges. The current MECP ERO posting contradicts the City's position on permanent dewatering which requires waterproofing for foundations to remove the need for permanent discharging of groundwater into the municipal system.
• MECP has not adequately considered alternatives to permanent dewatering such as industry accepted practices such as waterproof foundations, discharges to surface, rein filtration in soak away pits, dry wells, and infiltration trenches.
• Residents are adversely impacted by permanent dewatering by the noise nuisance associated with continuous or frequent pumping, and are further burdened by the increased cost associated with shortened lifecycle of dewatering infrastructure
• Currently, the municipal planning authority shall only provide final approval for new developments that require a Permit to Take Water once MECP has determined that the proposed taking does not become a significant water quantity threat.

The water taking activity would be considered a Significant Drinking Water Threat in an area where there is a significant water quantity stress (i.e., WHPA-Q). Since the Ministry is proposing to remove the water quantity restriction on construction dewatering wherein a PTTW would be required, the Ministry is removing a potential source protection policy tool; a Prescribed Instrument policy would no longer apply to the drinking water threat activity.

The Ministry has stated that “the proposed amendments will ensure appropriate environmental protections are in place…” but with the removal of a source protection tool, the Ministry should explain how appropriate environmental protections are assured for these SDWT’s. If the City needs to compensate for the loss of this policy tool, the City will need to develop, approve and implement new water quantity policy tools to address foundation drains. The City recommends that the Ministry maintain the upper limit of 400,000 L/day and provide for PTTW’s above the limit, to ensure appropriate environmental protections are in place.