Streamlining Low-Risk sewage project approvals

Purpose of proposed changes

Ontario is proposing changes that would remove the need to obtain an Environmental Compliance Approval (ECA) for certain low risk sewage works to allow businesses to begin operations and infrastructure projects faster while ensuring that environmental protection is maintained.

Proposed regulatory amendments to the Approval Exemptions Regulation under the Ontario Water Resources Act

Ontario Regulation 525/98 - Approval Exemptions currently exempts certain sewage works from requiring an ECA. The proposed amendments would exempt additional low risk sewage works that have similar environmental impacts to sewage works that are currently exempt under this regulation.

The proposed changes would remove the requirement to obtain an ECA for:

1. low impact development works located on single private residences;
2. foundation drainage works;
3. ultraviolet treatment to control zebra and quagga mussels in water pipes; and
4. construction site dewatering.

The proposed changes would allow proponents to establish and operate low risk sewage works without obtaining an ECA. These changes would reduce duplicative processes since these sewage works would continue to be regulated under other applicable municipal or provincial permissions frameworks such as the permit to take water program and municipal bylaws.

The ministry would maintain the authority to inspect the sewage works and ensure compliance with all legislative and regulatory requirements and to ensure that the works do not cause an adverse impact.

Exempting low risk sewage works allows the ministry to focus its resources on higher risk and more complex sewage works which would continue to require an ECA.

1. Low impact development works located on single private residences

Ontario encourages developers and municipalities to utilize low impact development (LIDs) when planning stormwater management for development projects such as housing developments. LIDs treat stormwater as a resource, decrease runoff, increase natural processes such as infiltration, increase groundwater recharge and build climate change resiliency.

The proposed changes would reduce red tape and make it easier to build LIDs by removing the need to obtain an ECA for LIDs located on single private residences.

Today, developers and municipalities are required to obtain an ECA that covers the overall stormwater management works for a housing development site. In addition, they are required to obtain separate ECAs for LIDs on single private residences such as swales located on backyards, side yards and front yards. This poses undue burden on developers and municipalities, and ultimately, on individual homeowners who are eventually required to comply with the ECA.

The proposed amendments would exempt LIDs located on single private residences from requiring an ECA. The remaining stormwater management works located at the housing development site would continue to require an ECA.

2. Foundation drainage works

The proposed changes would remove the requirement to obtain an ECA for sewage works that collect, transmit, treat and dispose permanent drainage from the foundation of a building if a Permit to Take Water (PTTW) has been obtained for the taking of the foundation drainage.

Today, developers and municipalities are required to obtain a PTTW and an ECA for permanent foundation drainage works. Removing the requirement to obtain an ECA for these works would reduce burden on developers by removing regulatory duplication. The permanent foundation drainage works would continue to require a PTTW.

3. Ultraviolet treatment for the control of zebra and quagga mussels in water pipes

The proposed changes would remove the requirement to obtain an ECA for equipment related to the non-chemical based ultraviolet treatment of water pipes for the purpose of controlling zebra and quagga mussels.

Zebra and quagga mussels are invasive species that cause environmental and economic harm. These invasive species impact infrastructure and industrial equipment by clogging pipes that results in damage and maintenance costs for businesses. Non-chemical based ultraviolet treatment is a way to control these species that has little to no adverse impact on the environment.

The proposed amendments would exempt equipment related to the ultraviolet treatment from requiring an ECA. The water pipes themselves would continue to require an ECA.

The proposed amendments would make it easier for businesses and industry to control zebra and quagga mussels to prevent economic harm to infrastructure and operations.

4. Construction site dewatering

The proposed changes would remove the requirement to obtain an ECA for sewage works that collect, transmit, treat and dispose of stormwater and ground water taken during the dewatering of construction sites.

Today, developers and municipalities are required to either self-register on the Environmental Activity and Sector Registry (EASR) or obtain a PTTW for dewatering of construction sites. Currently, construction site dewatering activities that are eligible for self-registration do not require a separate ECA for sewage works. An ECA is however required if a permit to take water is required which poses undue burden on businesses and introduces regulatory duplication for discharge requirements.

Removing the requirement to obtain an ECA for sewage works related to construction site dewatering creates a level playing field and reduces burden on developers and municipalities by removing regulatory duplication. The construction site dewatering activities would continue to require self-registration or a PTTW.

Under the requirements of the proposed exemption, proponents would be required to implement any necessary measures to ensure that water quantity and quality are not affected upstream or downstream of the work area and that the discharge does not cause an adverse impact. Sites associated with mine development, pits or quarries would not be eligible for this exemption and would continue to require an ECA for dewatering operations. The ministry will continue to work on identifying red tape reduction opportunities for the aggregate sector and will consult on these separately.

Background

Sewage works in Ontario are governed by the Ontario Water Resources Act (OWRA) and the Environmental Protection Act (EPA). With some exceptions, an ECA is required under the EPA to establish or operate sewage works.

Ontario Regulation 525/98 -Approval Exemptions exempts certain sewage works from requiring an ECA. The ministry retains its ability to inspect exempt sewage works and ensure that they are complying with all relevant environmental standards and requirements and continue to meet the requirements for being exempted.

Regulatory impact statement

The proposed amendments are expected to reduce burden on the regulated community and reduce regulatory red tape for sectors such as housing, development and industrial operations.

The amendments would remove the requirement to obtain an ECA for low risk sewage works. This would result in an overall reduction in the time, cost and resources that proponents spend on seeking environmental permissions from the ministry.

The proposed changes would allow businesses to begin operations and infrastructure projects faster which has benefits to the community. These sewage works would continue to be regulated under other applicable municipal or provincial permissions frameworks such as the permit to take water program and municipal bylaws as described above.

The ministry would maintain the authority to inspect the sewage works and ensure compliance with all legislative and regulatory requirements and to ensure that the works do not pose an adverse impact.

Public consultation opportunities

This proposal has been posted for a 45-day public review and comment period, starting on October 25, 2021. We encourage interested parties to make comments on this proposal. Comments made on this proposal will be considered in finalizing the regulation.