Miller Paving Limited - Permit to take water

Instrument type: Permit to take water

ERO number
019-9072
Ministry reference number
1000301446
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
August 16, 2024 - September 15, 2024 (30 days) Closed
Last updated

This consultation was open from:
August 16, 2024
to September 15, 2024

Decision summary

Permit to Take Water No. P-300-9301447407 was issued to Miller Paving Limited on November 25, 2024 to renew Permit to Take Water No. 2788-CVMHPA for industrial purposes. Water will be taken from one pond related to aggregate washing activities, in Elora, Centre Wellington, County of Wellington, Ontario. for 10 years.

Location details

Site address

7206 MIDDLEBROOK Road, ELORA
Centre Wellington, ON
Canada

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)

Miller Paving Limited
281 Hillmount Road
P.O. Box: 4080
Markham, ON
L6C 2S3
Canada

Decision details

Permit to Take Water No. P-300-9301447407 was issued to Miller Paving Limited on November 25, 2024 to renew Permit to Take Water No. 2788-CVMHPA for industrial purposes. Water will be taken from one pond related to aggregate washing activities, in Elora, Centre Wellington, County of Wellington, Ontario. for 10 years.

Details of Water Taking are as follows:

Purpose of Water Taking: Industrial - Aggregate Washing

  • source of water: pond - dugout
  • maximum rate (litres per minute): 4,166
  • maximum number of hours of taking per day: 12
  • maximum volume (litres per day): 3,000,000
  • maximum number of days of taking in a year: 244
  • period of taking: April 1 to November 30 for 10 years

Permits to Take Water include conditions that require the permit holder to:

  • collect and record the daily amount of water taken,
  • comply with the terms and conditions in the permit,
  • immediately report complaints or interference to the ministry,
  • report water takings each year to the ministry.

Issued Permits To Take Water can be viewed and downloaded at Access Ontario, by searching the approval number, P-300-9301447407, in the search field located at the top of the map, see "I want to...Search by Approval Number", here:

https://www.lioapplications.lrc.gov.on.ca/Access_Environment/index.html?viewer=Access_Environment.AE&locale=en-CA

Access Environment displays the following information:

  • business name;
  • facility address and location on an interactive map;
  • type of approval or registration from the ministry (view a PDF copy);
  • date of issue;
  • status of the approval (approved, amended, revoked and/or replaced);
  • status of the registration (registered, suspended, removed).

Comments received

Through the registry

0

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

A comment was received regarding Source Water Protection in the form of a memorandum. The memorandum indicates that the subject property is located within the Water Quantity Wellhead protection area (WHPA Q) with a significant risk level. The comments recommend that the MECP review and consider the water quantity polices (specifically policy WC-MC-22.1) in the Wellington County Chapter of the Grand River Source Protection Plan. Other recommendations include adding groundwater level monitoring and reporting conditions to the PTTW, considering the addition of low water response conditions to the PTTW, and reducing the period of water taking from 10 to 5 years.

The MECP has reviewed and taken the above comments into consideration to ensure that the municipal supply will not be adversely impacted, taking into consideration the Centre Wellington Tier 3 Study results and recommendations. The original PTTW included monitoring and annual reporting conditions, consisting of measuring monthly water levels at a number of monitoring wells at the site. Previous technical review of the monitoring data confirmed that water taking from the Bowman Pit Pond had no impact on the surrounding groundwater levels, and it was recommended that continuation of the groundwater monitoring and reporting was no longer needed. In addition, the PTTW is for the sole purpose of washing gravel in a closed loop system where the majority of the water is recirculated to the Bowman Pit Pond.

The Ontario Low Water Response (OLWR) Program is intended to apply to regulated and non-regulated surface water users and employs a collaborative approach to manage surface waters during drought to avoid unnecessary environmental and economic impacts. The OLWR Program was not developed to apply to groundwater takings, as groundwater resources generally respond to drought on longer timescale as compared to surface water resources.

With respect to the term length of PTTWs, in determining the length of permit term and the associated permit conditions, the Ministry assesses a variety of risk factors pertaining to the surrounding environment and other users of a water resource and utilizes an adaptive management approach. This approach, and the associated Director authority under the OWRA, ensure that permits can be amended as required at any time.

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.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from November 27, 2024 to begin the appeal process.

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

How to appealClick to Expand Accordion

Start the process to appeal

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
Archana Uprety
Hydrogeologist Permit to Take Water (Acting)

Environmental Permissions Branch
135 St Clair Avenue West
Toronto, ON
M4V 1P5
Canada

(647) 248-9672

Proponent(s)

Miller Paving Limited
281 Hillmount Road
P.O. Box: 4080
Markham, ON
L6C 2S3
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-9072
Ministry reference number
1000301446

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
019-9072
Ministry reference number
1000301446
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

August 16, 2024 - September 15, 2024 (30 days)

Proposal details

This proposal is for a renewal of Permit to Take Water No. 2788-CVMHPA for Miller Paving Limited for industrial purposes. Water will be taken from one pond related to aggregate washing activities, in Elora, Centre Wellington, County of Wellington, Ontario. Details of Water Taking are as follows:

Purpose of Water Taking: Industrial - Aggregate Washing

  • source of water: pond - dugout
  • maximum rate (litres per minute): 4,166
  • maximum number of hours of taking per day: 12
  • maximum volume (litres per day): 3,000,000
  • maximum number of days of taking in a year: 244
  • period of taking: April 1 to November 30 for 10 years

There are 3 categories of a Permit to Take Water:

  • Category 1: water takings are anticipated to have a lower risk of causing an unacceptable environmental impact/interference
  • Category 2: water takings are anticipated to having a higher potential of causing unacceptable environmental impact or interference
  • Category 3: water takings are anticipated to have the highest potential of causing unacceptable environmental impactor interference

The proposed water taking qualifies as a Category 1 permit.

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.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from August 16, 2024
to September 15, 2024

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