Project-specific proposal to designate and exempt the proposed Reid Road Reservoir Quarry in Milton under the Environmental Assessment Act

ERO number
019-2876
Notice type
Regulation
Act
Environmental Assessment Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
January 29, 2021 - March 15, 2021 (45 days) Closed
Last updated

This consultation was open from:
January 29, 2021
to March 15, 2021

Decision summary

We have made the proposed Reid Road Reservoir Quarry subject to a project-specific environmental assessment process under the Environmental Assessment Act to ensure continued protection of the environment.

Decision details

Designation and exemption under the Environmental Assessment Act

Ontario takes environmental protection seriously and the Ministry of the Environment, Conservation and Parks (ministry) heard concerns from the community about the proposed Reid Road Reservoir Quarry in Milton, particularly when it comes to groundwater protection and the need for additional consultation, assessment and oversight over the project.

That’s why we’re requiring the Reid Road Reservoir Quarry to be subject to a project-specific environmental assessment under the Environmental Assessment Act (EAA). This will provide additional opportunity to assess potential impacts to the environment, including local groundwater, and ensure that local concerns are considered and effects can be mitigated or managed. The regulation:

  • designates the establishment and operation of the Reid Road Reservoir Quarry as a project to which the Act applies
  • exempts the project from certain requirements of the Act so long as the project-specific requirements of the regulation are met

The regulation was developed to provide a project-specific environmental assessment process for the project, which will provide additional opportunities for public consultation and studies, including studies not required as part of the application process under the Aggregate Resources Act (ARA), while recognizing the work that has been completed to date pursuant to the ARA application process.

Key components of the regulation that recognize the work completed to date under the ARA process, include:

  • an exemption from the requirement to prepare and obtain an approval by the Minister of a Terms of Reference, along with other requirements of the Act respecting Terms of Reference, as the regulation itself prescribes the consultation to be undertaken and content requirements of the project-specific environmental assessment process
  • focusing the environmental assessment on the evaluation of the project site and consideration of alternative design methods, including alternatives to underwater blasting, and alternative haul routes

Specific requirements for the preparation of the environmental assessment, include:

  • requirements for additional specific studies pertaining to groundwater, including a door-to-door well survey program, water quality monitoring program, an assessment of the effects to groundwater from blasting below the water table, and any other hydrogeological studies that may be identified by the Director of the ministry’s Environmental Assessment Branch; and other studies such as a fugitive dust study; a study of the conditions of any haul route(s); and a social impact assessment
  • addressing cumulative effects in the environmental assessment
  • requirements for specific consultation in preparing the environmental assessment (e.g. notices, evaluation criteria and indicators, and a draft environmental assessment)

Unless specified in the regulation, the remaining provisions of the Act would apply to the quarry including ministry consultation on the environmental assessment, a published Ministry Review, and ultimately a decision by the Minister, subject to the approval of the Lieutenant Governor in Council, respecting an application for approval of an environmental assessment for the project.

Proposed Reid Road Reservoir Quarry and ARA Status

The quarry is proposed by James Dick Construction Limited and is an 83-hectare site located about 1.5 kilometres west of the Hamlet of Campbellville, in the Town of Milton, at 9210 Twiss Road. The proposed annual tonnage is 900,000 tonnes over a lifespan of about 20 years. The haul route used by the quarry is Reid Sideroad to the Highway 401.

Regardless of the designation under the EAA, a licence under the Aggregate Resources Act is required for the project.

Implementation and timelines

The proponent is required to fulfill any requirements under the Act before proceeding with implementation of their project.

The project-specific regulation was filed on July 30, 2021 and it comes into effect on filing.

Other information

The regulation was made based on factors that include:

  • consultation on the proposal and consideration of input from the proponent, stakeholders, and public, including concerns about the environmental effects of the quarry and potential impacts on industry
  • opportunities that the project-specific process would provide for additional consultation on the project to address any outstanding concerns
  • oversight of potential environmental effects and review of additional studies
  • recognition of the previous work completed by the proponent under the ARA process

The regulation provides for a project-specific environmental assessment for the Reid Road Reservoir Quarry that is focused, while providing environmental oversight and consultation with the public, government agencies and Indigenous communities.

Comments received

Through the registry

76

By email

1,073

By mail

1
View comments submitted through the registry

Effects of consultation

We received over 1,100 submissions during the Environmental Registry consultation period of January 29 to March 15, 2021. Most of the submissions to the ministry supported designation to require an environmental assessment for the project.

We reviewed all the submissions and determined that the key concerns about the proposed project include potential:

  • impacts to quality of life, health, and general wellbeing of the residents who live near the quarry
  • impacts to water quality and quantity, including drinking water in private and municipal wells
  • damages to the natural environment
  • physical hazards, such as dust and flying rock
  • increased traffic, noise and air emissions
  • diminishing property values and enjoyment of Campbellville
  • concerns with consultation and studies under the Aggregate Resources Act application process

We also received some comments expressing concerns about or opposing designation of the proposed project.

The submissions were taken into consideration when making a decision respecting the regulation, including with respect to the additional consultation and studies to be conducted during the project-specific environmental assessment and the applicable provisions under the Act that would apply to the project. In general, the provisions in the regulation are similar to those required under the Act.

The ministry remains committed to strong environmental protections and continuing to protect sensitive environmental features.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Connect with us

Contact

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
019-2876
Notice type
Regulation
Act
Environmental Assessment Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

January 29, 2021 - March 15, 2021 (45 days)

Proposal details

Designation and Exemption under the Environmental Assessment Act

The Environmental Assessment Act (Act), allows for the designation, by regulation, of an enterprise or activity that is not already subject to the requirements of the Act as a major commercial or business enterprise or activity to which the Act applies. The Act also allows for an exemption from some or all the requirements of the Act to be included in the regulation and that exemption can be made subject to conditions.

The Ministry of the Environment, Conservation and Parks is seeking comments on a proposed regulation that, if made, would designate the proposed Reid Road Reservoir Quarry as an undertaking subject to requirements under the Environmental Assessment Act (EAA), and provide a project specific process for this project. This is in response to the numerous concerns raised to date, including:

  •  more than 20 members of the public requested the proposed quarry be made subject to requirements of the EAA
  •  more than 1,000 objections were made to the Minister of Natural Resources and Forestry as part of the Aggregates Resources Act process
  • the quarry is located near sensitive natural features such as wetlands, as well as the community of Campbellville. 

By requiring an environmental assessment process for this quarry, additional opportunities for public consultation and studies would be provided including studies not required as part of the application process under the Aggregate Resources Act.

Proposed Regulation

In order to designate this quarry as an undertaking that is subject to the requirements of the Act and to exempt the undertaking from certain environmental assessment requirements, a project-specific regulation would need to be made by the Lieutenant Governor in Council. Recognizing the work that has been completed to date pursuant to the Aggregate Resources Act application process and recognizing the significant public interest and the environmental concerns raised, consideration is being given to requiring an environmental assessment process specific to the project.

The proposed regulation would, if made:

  • Designate this as a major commercial or business enterprise or activity as an undertaking to which the Act applies;
  • Exempt the undertaking from certain requirements of the Act so long as the requirements of the proposed regulation are met.

Notable provisions of the proposed regulation would include:

  • an exemption from the requirement to prepare and obtain an approval by the Minister of a Terms of Reference, along with other provisions of the Act that refer to Terms of Reference;
  • an exemption from some of prescribed content requirements for an environmental assessment as outlined in the Act.
  • specific requirements for the content of the environmental assessment, would include;
    • a description of the purpose of the undertaking;
    • a description of and a statement of the rationale for the undertaking and any alternative designs specific to the implementation of the undertaking (such as assessing an alternative to underwater blasting).
    • a description of:
  • the environment that will be affected or that might reasonably be expected to be affected, directly or indirectly,
  • the effects that will be caused or that might reasonably be expected to be caused to the environment, and
  • the actions necessary or that may reasonably be expected to be necessary to prevent, change, mitigate or remedy the effects upon or the effects that might reasonably be expected upon the environment,

by the undertaking, and any the alternative designs of carrying out the undertaking that can be considered;

  • an evaluation of the advantages and disadvantages to the environment of the undertaking and any alternative designs of carrying out the undertaking that were considered;
  • a description of any consultation about the undertaking by the proponent and the results of the consultation;
  • in addition to what is required under the Act, specific requirements for consultation on the environmental assessment, including public meetings. and,
  • additional specific studies pertaining to groundwater, including a door to door well survey program, water quality monitoring program, and an assessment of the effects to groundwater from blasting below the water table; and other studies such as a fugitive dust study and haul route conditions.

It is anticipated that the remaining provisions of the Act would apply to the quarry if designated.

Given the work done to date, the ministry anticipates that the proponent would be able to use information developed as part of the Aggregate Resources Act application process for the development of the environmental assessment.

Proposed Reid Road Reservoir Quarry

The quarry is proposed by James Dick Construction Limited and is located about 1.5 kilometres west of the Hamlet of Campbellville, in the Town of Milton, at 9210 Twiss Road.

The site is 83 hectares in size, with the proposed quarry licence area totalling 29.4 hectares. The proposed area to be extracted is 25.7 hectares. The maximum annual tonnage of material shipped from the quarry would be 990,000 tonnes. The lifespan of the quarry is expected to be about 20 years.

The project includes the removal of the limestone bedrock resource (Amabel Dolostone) using a technique known as under-water blasting.

Recycled asphalt and concrete materials and crushed aggregate material may also be brought to the site for accessory recycling and blending with on-site materials. The maximum amount of unblended imported material to be stored on-site is 60,000 tonnes.

The haul route used by quarry vehicles would be east/west along Reid Sideroad to Highway 401.

The proponent applied to the Ministry of Natural Resources and Forestry under the Aggregate Resources Act for a licence to operate a pit and quarry on the property, which previously contained a sand and gravel pit operation. The proposed licence would re-instate the Aggregate Resources Act licence for the former pit operations for the portions of the property that were previously extracted.

Public response to the proposed quarry

As indicated above, the Minister of Natural Resources and Forestry received over 1000 objections to the proposed quarry through the Aggregate Resources Act process. The Ministry of the Environment, Conservation and Parks received over 20 requests from members of the public asking that the quarry be designated as an undertaking that is subject to the requirements of the Environmental Assessment Act.

Among the issues raised in the requests to designate the quarry were concerns related to impacts to groundwater from under-water blasting.

Implementation and timelines

If a regulation is made designating the quarry as an undertaking that is subject to the requirements of the Act, the proponent would be required to meet fulfill any requirements under the Act prior to proceeding with implementation of their project.

If made, the proposed project-specific regulation would come into effect on a date specified in the regulation.

Other information

The Aggregate Resources Act approval process has a 2-year (maximum) notification and consultation period; which began August 2, 2018. The proponent’s notification and consultation period was extended to January 29, 2021 due to the COVID-19 pandemic. Once the proponent submits a report documenting how issues and concerns have been addressed and considered, the Minister of Natural Resources and Forestry would make a decision under the Aggregate Resources Act.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Comment

Commenting is now closed.

This consultation was open from January 29, 2021
to March 15, 2021

Connect with us

Contact