David Elstone Operating As Haliburton Septic Pumping - Environmental Compliance Approval (waste)

Summary of Decision Rationale

The Ministry of the Environment, Conservation and Parks (ministry) reviewed and assessed the information provided by the proponent to support the Environmental Compliance Approval (ECA) application, including the environmental setting of the proposed disposal site.

Ministry review of the application package determined that the site meets the ministry’s requirements for environmental protection and is suitable for the proposed use. The approval was issued in accordance with ministry policies and practices.

The ministry also reviewed and considered the public comments submitted for the Proposal Notice posting on the Environmental Registry.

Additional time was required to evaluate this site application to allow for detailed technical evaluations, including the installation of three groundwater monitoring wells and hydrogeological assessment work, and the assessment of endangered species.

In addition to standard operational requirements, a precautionary requirement to undertake a site groundwater monitoring program was incorporated within the ECA to confirm the conclusion of the technical evaluation that the activity will not have any significant environmental impacts or cause any adverse effects.

Based on the ministry’s review of the application package and the public comments received, the Director decided to approve the ECA application and has issued ECA (Waste Disposal) No. 19-PET-72453, dated April 5, 2022.

Adverse effects are not anticipated if the activities are carried out in accordance with the conditions of the ECA.

ECAs that are issued for hauled sewage disposal sites contain an expiry date.  The ECA issued for this site expires in late 2023, after two operational field seasons (2022 and 2023).

The two-year duration of the permit provides the ministry with the opportunity to review and assess the monitoring data and evaluate any changes to surrounding land use before deciding whether to renew the approval for the site if the proponent seeks a renewal.

Many public commenters were opposed to the overall practice of allowing hauled sewage to be directly land applied.  Some commenters indicated that the ministry’s standard separation distances (i.e., the required separation distances from the waste disposal area to environmental features, residences, commercial/community use properties, and water wells) are inadequate to prevent environmental impacts.

Many comments referred to the need for the development of ‘municipal’ hauled sewage disposal facilities. The ministry encourages residents to work with the municipality to explore such long-term options. However, there is a current need for hauled sewage disposal services in Haliburton County.

Public Comments received and how they were considered by the Director:

• On January 7, 2020, a Proposal Notice was posted on the Environmental Registry for a 45-day commenting period.
• Approximately 125 comments were received during the commenting period in addition to some direct calls and emails: 71 comments in support, 54 comments opposed.
• Generally, the main concerns were regarding the possibility of environmental impacts to local surface water features (e.g., water quality, ecological, water supply and recreational uses), including the Redstone River and Green Lake, as well as, in regard to potential impacts to groundwater resources and water wells,
• There were also concerns about the possibility of odour impacts on local residences and the local community in general, and about potential impacts to human health in relation to the possibility of contaminants in air and water and their potential human intake/consumption or recreational contact.
• Comments were received regarding potential terrestrial ecological impacts, including potential impacts to endangered species at risk (e.g., birds and turtles),
• A substantial proportion of the comments raised concerns with potential negative effects on property values, increased truck traffic and road safety issues, tourism, as well as non-conformance with municipal zoning.
• Many positive comments were received about the land application method of hauled sewage disposal as being a practical and cost-effective method that is necessary for rural un-serviced areas that do not have other cost-effective disposal options.
• Some commenters indicated that environmental impacts do not typically occur with this type of hauled sewage disposal site, and that they would be supportive of the ministry approving the site.

The public comments received through the Environmental Registry posting of this proposal were reviewed by the ministry, and the various comments and concerns are summarized in the following category sections, followed by a description of how they were considered by the Director:

A) Potential Environmental and Ecological Impacts, including:

1. Pollution impacts to surface water quality in local water courses and lakes, such as bacteriological, viruses, pathogens, nutrient loadings and other pollutants, such as household and pharmaceutical chemicals, due to surface runoff or the discharge of impacted groundwater from the site.
2. Potential impacts to groundwater resources and the water quality of local water wells due to the infiltration of contaminants and their possible transport off-site via groundwater flow from the site.
3. Impacts to local ecological resources including natural habitats and local wildlife, including species at risk (e.g., birds and turtles),
4. Odour impacts at local properties affecting their use and enjoyment.

Director’s Consideration:

Ministry staff have assessed the application and site information with respect to the ministry’s requirements for the approval of hauled sewage disposal sites that includes standard separation distances to various environmental features (e.g., surface water streams, rivers and lakes, water wells, residences), and operational conditions designed to mitigate the potential for environmental and ecological impacts to occur, including the public concerns described above.

Ministry technical experts in the fields of surface water quality and groundwater resources have reviewed the application information and inspected the site with respect to the proposed hauled sewage disposal site operation in relation to these concerns.

Ministry specialist staff were also engaged regarding concerns about impacts on endangered/threatened species, and the applicant (company) undertook an ‘Species at Risk Assessment’ and submitted a summary report as to the potential impact of the proposed disposal site on species protected under the Endangered Species Act, 2007.

Ministry staff found that the report’s conclusions [that neither sections 9 nor 10 of the Endangered Species Act will be contravened, regarding the protection of the endangered species and their habitat], are reasonable and valid and therefore authorization (permit) under the Endangered Species Act is not required.

The ‘Species at Risk Assessment’ did not identify any endangered species or their habitats at the proposed site. However, the ministry noted that the applicant will need to continue to monitor for the activity of certain species during site development to document any changes and advised the applicant that they remain responsible for ensuring compliance with the Endangered Species Act.

It is noted that the ministry’s technical groundwater reviewer recommended that a groundwater monitoring program be required as a precautionary measure to confirm that the operation does not cause adverse groundwater impacts. A condition has been included in the ECA that requires the company to undertake a specified groundwater monitoring program and to report the results to the ministry annually, as well as to report to the ministry immediately any detected exceedances of certain parameter limits.

The ministry’s various requirements for the approval of hauled sewage disposal sites, including minimum separation distances to various types of receptors and features in conjunction with the standard operational conditions incorporated in the ECA, are designed to ensure the prevention of adverse impacts to the natural environment and human health. If any incidents of adverse impact or non-compliance occur, the ministry must be contacted for follow-up or field response as appropriate.

Based on these assessments, as well as inspection of the site by the Director and the ministry’s local Agricultural Environmental Compliance Officer, the Director considers that this proposed site meets the ministry’s various guidelines and requirements and is suitable for the proposed use.

B) Potential Environmental and Ecological Impacts, including:

1. Contamination of water wells and surface water supply intakes used for domestic consumption/purposes.
2. Contamination of recreational waters used by swimmers.
3. Airborne contaminants from the site reaching residences and residents/persons, as well as potential impacts on nearby agricultural crops.
4. Increased populations of flies/insects possibly carrying diseases; and
5. Mental health impacts and stress on residents due to concerns and fears about possible and actual impacts to environmental health.

Director’s Consideration:

The proposed site meets the ministry’s various guidelines and separation distance requirements to residences and various other types of property uses, water wells and surface waters that are designed to prevent adverse impacts to human health and the natural environment. As well, there are restrictions on the use of the spreading site for agricultural crops and grazing.

As such, and in consideration of technical assessments undertaken, provided that the site is operated in accordance with the ECA and its conditions, impacts to human health are not expected to occur.

If residents experience potential health effects believed to be caused by the site operations, they should notify the ministry for its assessment, in addition to seeking medical attention if necessary.

C) Potential Economic Impacts,

including the potential to depress property values near the site, and that the local tourism industry and businesses could be impacted.

Director’s Consideration:

The Director’s decision is focused primarily on ensuring the protection of the natural environment and human health, however, under the EPA, the definition of adverse effect includes loss of enjoyment of normal use of property, and interference with the normal conduct of business. It is not expected that the proposed undertaking will cause either of these impacts.

D) Increased Road Traffic:

the waste disposal site operation would lead to an increase in truck traffic causing negative impacts to local roads, including increased dust, noise, road wear, and safety concerns.

Director’s Consideration:

The proposed operation involves a limited amount of truck traffic going to and from the disposal site when the company is doing business.

The truck drivers must obey traffic laws and drive safely.  If people have concerns about traffic safety, they should contact the local police and/or municipality.

The Director considers that this aspect does not affect his decision to approve the site.

E) Municipal Zoning:

Some comments indicated that the proposed waste disposal site should not be approved because it does not comply with municipal zoning by-law requirements for this land use (i.e., waste disposal site).

Director’s Consideration:

Municipal zoning by-laws are administered under the Planning Act, and it is the municipality’s role, jurisdiction and responsibility to enforce its municipal zoning and property use bylaws. 

The ministry is responsible for regulating Hauled Sewage Disposal Sites under the Environmental Protection Act and its regulations, and through ECAs issued under Part II.1 of the Act. These are independent from municipal Official Plans/zoning/by-laws, which are instruments produced, administered and enforced by local municipalities.

Condition 1(b) in the ECA indicates that ‘The issuance of, and compliance with, the approval does not relieve any person or the company of any obligation to comply with any provision of any applicable statute, regulation or other legal requirement.’

The ministry has ensured the municipality and the company are aware of this aspect, and it is the municipality’s decision as to how it may choose to enforce its bylaws.

F) Previous issues of non-compliance by the company:

Director’s Consideration:

The ministry does not consider the previous alleged incidents of non-compliance by the company at its previous sites to be significant enough to preclude the ministry’s approval of this hauled sewage disposal site. 

Ministry staff will monitor site activities to ensure the conditions of the ECA and other applicable ministry requirements are being complied.

G) Positive Supporting Comments:

In addition to the negative comments opposing the proposal, there were many positive supporting comments about the proposed disposal site:

• The proposed site is well suited for the proposed use with good physical characteristics and a low risk of environmental impacts.
• There are limited septage disposal sites/options available in the area and septic tank pump-outs are a necessary service,
• Hauled sewage disposal sites, such as this one, typically do not cause adverse environmental impacts and they provide nutrients to the soil.
• If the site meets the ministry’s requirements and criteria, then it should be approved.

Director’s Consideration:

Comments about the site being suitable for hauled sewage disposal are consistent with the Director’s decision, as described in the sections above.

Commentary about there being limited hauled sewage disposal sites/options available in the local area, noting that septic tank pump-outs (and disposal) is a necessary service, is a valid interest.  A significant number of commenters indicated that the municipality should construct new facilities for the disposal of hauled sewage.

The ministry has discussed this concern with the Township and has suggested that the Township undertake a process to evaluate options for municipally developed and operated hauled sewage disposal facilities to ensure residents have a reasonable long-term option for septic tank pump outs (as well as, holding tanks and portable toilets) which are necessary for the proper maintenance and function of septic systems, as well as for other community needs.