Appeal of CRH Canada Group Incorporated - Permit to take water

ERO number
013-2282
Notice stage
Appeal
Appeal posted
Last updated
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Appeal summary

This notice was prepared by the applicants seeking leave to appeal and represents its position

Appeal details

This notice is given by the applicant in accordance with section 47 of the Environmental Bill of Rights, 1993. The notice was prepared by the applicants and represents its position. It does not represent or reflect the views of the Government of Ontario, nor does the Government of Ontario make any representations about the accuracy of the content of this notice.

This is an application to the Environmental Review Tribunal for an order granting leave to appeal the decision to issue a Permit to Take Water (PTTW) to CRH Canada Group Incorporated, specifically, PTTW number 0363-AV9PXK dated January 14, 2021.

The grounds for this application for leave to appeal are that pursuant to section 41 of the Environmental Bill of Rights, 1993,it appears:

  1. There is good reason to believe the decision of the Director was unreasonable in that no reasonable person, having regard to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision; and

  2. The decision could result insignificant harm to the environment.

More information is available on the Environmental Review Tribunal website.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

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Contact

More information, including hearing dates and locations can be provided by the appellate body. Additional information about the instrument appeal process, can be provided by the Ministry of the Environment, Conservation and Parks.

Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Environmental Review Tribunal


Ministry of the Environment, Conservation and Parks
Environmental Bill of Rights Office
40 St. Clair Ave. West
12th Floor
Toronto, ON
M4V 1M2

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Original decision

CRH Canada Group Incorporated - Permit to take water

Instrument type: Permit to take water

ERO number
013-2282
Ministry reference number
0363-AV9PXK
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision Appeal
Decision posted
Comment period
January 23, 2018 - April 23, 2018 (90 days) Closed
Last updated

This consultation was open from:
January 23, 2018
to April 23, 2018

Follow this notice

Decision summary

We issued Permit to Take Water No. 6258-BRDJ2M to CRH Canada Group Inc. on January 14, 2021. The Permit is a renewal of CRH Canada's previous Permit, and will expire on January 13, 2031. This Permit allows water taking from one pond and one well for aggregate washing purposes at Teedon Pit, at rates similar to previous Permits.

Location details

Site location details

Teedon Pit
90 Darby Rd
Lots 79 and 80
Concession 1
Original Township of Tiny
County of Simcoe

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

View this location on a map opens link in a new window

Proponent(s)

CRH Canada Group Incorporated
2300 Steeles Avenue West
4th Floor
Concord, ON
L4K 5X6
Canada

Decision details

On January 14, 2021, the ministry issued Permit to Take Water No. 6258-BRDJ2M to CRH Canada Group Inc. The Permit is a renewal of CRH Canada Group Inc.'s previous Permit, and will expire on January 13, 2031. This Permit allows water taking from one pond and one well for aggregate washing purposes at Teedon Pit, at rates similar to previous Permits.

Details are as follows:

Permit Type - renewal - Category 3

Sources of water for aggregate washing:

Well PW1-09

  • maximum rate per minute (Litres): 950
  • maximum number of hours of taking per day: 24
  • maximum volume per day (Litres): 1,368,000
  • maximum number of days of taking per year: 210

Wash Pond

  • maximum rate per minute (Litres): 7,274
  • maximum number of hours of taking per day: 12
  • maximum volume per day (Litres): 5,237,280
  • maximum number of days of taking per year: 210

At the Teedon Pit, water from the on-site pond (referred to as a Wash Pond) is used for washing the aggregate, and separating silt and sand from coarser material. The water that is used is sent to two settling ponds where the silt and sand settle to the bottom. Water from the settling ponds is directed back to the Wash Pond for reuse. The water level within the Wash Pond is topped up as needed from the on-site Production Well (Well PW 1-09).

Surface water bodies in the area include Hogg Creek, Wye River, the Tiny Marsh (a Provincially Significant Wetland) and the Tiny Bog Wetland Complex (a regionally and locally significant wetland). These water bodies are located at significant distances from Teedon Pit. Therefore, they will not be affected by the water taking from the Wash Pond or from Well PW1-09.

An unnamed stream connected to a small pond, which only flows during snow melt in the spring or periods of extremely heavy rain, is located on the northern property boundary. Water taking/usage at the Teedon Pit is unlikely to adversely impact this unnamed stream.

Water taking at the Teedon Pit is located far from any municipal water supply well. It will not have any impact on any municipal water supply well. Municipal wells in the area are:

  • Elmvale (Wells 1 & 2),
  • Perkinsfield (Wells 26-4 & 26-5), and
  • Wyevale (Well 29-1 & 29-2).

The closest municipal well to the Teedon Pit is Wyevale, which is approximately 5 km to the northwest of the site. The Teedon Pit is also outside the Wellhead Protection Areas (WHPAs) associated with these wells.

The ministry is satisfied that the water taking at Teedon Pit does not interfere with private water supply wells located in the area. This conclusion is based on the review of monitoring data provided in support of the renewal application, and records of investigations of past well interference complaints by well-owners in the area. Past investigations identified that the interference complaints were not related to operations at Teedon Pit. To ensure water supply wells are protected, the renewal Permit has been issued with conditions requiring continued monitoring of water levels at several monitoring locations.

Request a copy of the permit

Comments received

Through the registry

133

By email

5,113

By mail

0
View comments submitted through the registry

Effects of consultation

133 submissions were received on-line and an additional 5,113 comments by e-mail (of which 5,092 were identical).

Comments relevant to the water taking proposal were considered as part of the review of the application. The main concerns raised were regarding the following:

  • There were comments that the volume of water proposed to be taken from the groundwater system is unsustainable and could result in sinkholes. The ministry's review has determined that the taking is sustainable and will not result in sinkholes. 

  • A concern was expressed on the impact of the washing operations on the aquifer and the introduction of dirty water into the aquifer. Teedon Pit will only use water with no additives in their washing process. The silt and sand contained in the used wash water settles to the bottom of the settling ponds. Any water that infiltrates into the ground at the bottom of the ponds is filtered, much like rain water. Therefore, the ministry is satisfied that the operation is unlikely to adversely impact the groundwater quality.

  • Stakeholders are concerned about the impact of the water taking and aggregate washing on the local aquifers and the Alliston Aquifer. The ministry's review has determined that monitoring undertaken by past and current permit holders demonstrates that that there is no long-term impact on groundwater levels in the production well, the monitoring wells, or the monitored domestic wells. The amount of water used in aggregate washing has no visible impact on groundwater levels.

  • A concern was expressed regarding the impact of the operations on local wells. As explained above, the ministry's review has concluded that the water taking does not have adverse impact on local wells.

  • Stakeholders have requested a cumulative impact study be completed to determine the short and long term impacts of the overall pit operations. Based on the ministry's review of the data acquired to date and the analysis completed during the review of this application, the water taking at Teedon Pit is unlikely to have any measurable impact on the aquifer outside of the 350 m radius around the Production Well.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Environmental Assessment and Permissions Branch

1st Flr, 135 St Clair Ave W
Toronto, ON
M4V 1P5
Canada

416-314-8001

How to Appeal

This instrument decision can be appealed. You have 15 days from January 15, 2021 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.

Appeal process for decisions published before June 1, 2021

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON 
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)

Issuing authority
Adam Leus
Manager Brownfields and Permit to Take Water

Environmental Permissions Branch
135 St. Clair Avenue West
Toronto, ON
M4V1P5
Canada

416-314-7004

Proponent(s)

CRH Canada Group Incorporated
2300 Steeles Avenue West
4th Floor
Concord, ON
L4K 5X6
Canada


Appellate body

Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Environmental Review Tribunal


Include the following:

ERO number
013-2282
Ministry reference number
0363-AV9PXK

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Follow this notice

Original proposal

ERO number
013-2282
Ministry reference number
0363-AV9PXK
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

January 23, 2018 - April 23, 2018 (90 days)

Proposal details

Description of instrument

This proposal is to renew the Permit To Take Water No. 5003-APFH26 for aggregate washing purposes. Water will be taken from one (1) pond and one (1) well to operate a wash plant.

Details of the water taking are as follows:

Source of water: Well PW1-09

  • Purpose of taking: Industrial - Aggregate Washing
  • Period of Water Taking:10 Years
  • Maximum rate per minute (Litres): 1,136
  • Maximum number of hours of taking per day: 24
  • Maximum volume per day (Litres): 1,635,840
  • Maximum number of days of taking per year: 210
  • Earliest calendar date of taking (mm/dd): 01/01
  • Latest calendar date of taking (mm/dd): 12/31

Source of water: Wash Pond

  • Purpose of taking: Industrial - Aggregate Washing
  • Period of Water Taking:10 Years
  • Maximum rate per minute (Litres): 7,274
  • Maximum number of hours of taking per day: 12
  • Maximum volume per day (Litres): 5,237,280
  • Maximum number of days of taking per year: 210
  • Earliest calendar date of taking (mm/dd): 01/01
  • Latest calendar date of taking (mm/dd): 12/31

Supporting materials

Related linksClick to Expand Accordion

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Drinking Water and Environmental Compliance Division - Central Region Office

5775 Yonge Street
Floor 8
Toronto, ON
M2M 4J1
Canada

1-800-810-8048

Comment

Commenting is now closed.

This consultation was open from January 23, 2018
to April 23, 2018

Connect with us

Contact

Permit To Take Water Coordinator (Central Region)

800-810-8048
Drinking Water and Environmental Compliance Division (Central Region Office)

5775 Yonge Street
Floor 8
Toronto, ON
M2M 4J1
Canada

1-800-810-8048