Appeal of The Sarjeant Company Limited - Permit to take water

ERO number
019-7446
Notice stage
Appeal
Appeal posted
Last updated

Appeal summary

A resident of Ontario is seeking leave to appeal this decision

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 applicant 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.

The applicant objects to

  • Section 3.1 – the Expiry date of December 31, 2031
  • Section 3.2 – the Amounts of Taking Permitted

The applicant feels that the long-term impact of large volume or excess water taking from the aquifers in Oro-Medonte / Oro Moraine over the long term can have a significant negative impact on the environment and potential availability of water to support both human habitations as well animal and plant life.

Additional details can be found on the Ontario Lands 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.

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

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

The Sarjeant Company Limited - Permit to take water

Instrument type: Permit to take water

ERO number
019-7446
Ministry reference number
3418-CTMUQ3
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
August 3, 2023 - September 2, 2023 (30 days) Closed
Last updated

This consultation was open from:
August 3, 2023
to September 2, 2023

Decision summary

Permit to Take Water No. 1717-CXBTST was issued to The Sarjeant Company Limited on December 13, 2023 for eight years. Water will be taken from one well for industrial-aggregate washing purposes in the Township of Oro-Medonte, Ontario.

Location details

Site address

2065 Line 7 North
Oro-Medonte, 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)

The Sarjeant Company Limited
15 Sarjeant Drive
Midland, ON
L4R 5V9
Canada

Decision details

Permit to Take Water No. 1717-CXBTST was issued to The Sarjeant Company Limited on December 13, 2023 for eight years. Water will be taken from one well for industrial-aggregate washing purposes in the Township of Oro-Medonte, Ontario.

Details of the water taking are as follows:

Source of water - Well 2

  • purpose of taking: aggregate washing
  • maximum rate per minute (litres) 454
  • maximum number of hours of taking per day: 24
  • maximum volume per day (litres) 654,624
  • maximum number of days of taking per year: 200
  • period of water taking: between March 1 and December 31 for 10 years

Information about Permits to Take Water

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, 1717-CXBTST, 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

117

By email

2

By mail

0
View comments submitted through the registry

Effects of consultation

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:

  • Protection and conservation of the Oro Moraine and the local watershed.
  • The quantity of water requested by the applicant.
  • Water used for aggregate washing being returned and potentially contaminating the local watershed.
  • Contamination of local wells with silt/sediment from the aggregate washing process.
  • Protection of groundwater as a source of safe, clean drinking water, particularly in consideration of the impacts of climate change.

All comments related to water resource impacts have been carefully reviewed and considered as part of the technical review. The following points contributed to the Ministry's decision to issue this permit:

  • No water used for aggregate washing is discharged or leaves the site as runoff; water either is recycled in the aggregate washing process or infiltrates on the site.
  • There are no sensitive features or surface water drainage features or watercourses on the site.
  • The aggregate washing process does not use chemicals; silt and clay-sized particles are separated from the aggregate and settle in sedimentation ponds. Changes to groundwater quality are not anticipated from these operations.
  • Based on the site geology and distance to nearby water supply wells, interference to nearby groundwater users is not anticipated as a result of continued water use at the site.
  • There have been no water well complaints registered as a result of water taking at the site over the past thirteen years.
  • The permit includes conditions requiring the permit holder to implement a monitoring program; the program consists of continuous monitoring of groundwater levels in the upper and lower aquifers present at the site, annual analysis and interpretation of water level data and trends, and assessment of any negative effects to nearby groundwater users, if any. A progress report on implementation of the program is also required within 12 months of issuance.
  • The permit also requires the permit holder to submit a report to the Ministry prepared by a Qualified Person following three years of pumping on the site that interprets all pumping and groundwater level data, evaluates long-term trends and assesses any impacts. A similar report will also be required to support any request to amend or renew this 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 Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from December 13, 2023 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
Neil Taylor
Permit to Take Water Surface Water Specialist

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

416-388-0961

Proponent(s)

The Sarjeant Company Limited
15 Sarjeant Drive
Midland, ON
L4R 5V9
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
019-7446
Ministry reference number
3418-CTMUQ3

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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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
019-7446
Ministry reference number
3418-CTMUQ3
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 3, 2023 - September 2, 2023 (30 days)

Proposal details

This permit is a new Permit to Take Water for The Sarjeant Company Limited. Water will be taken from one well for industrial-aggregate washing purposes, in the Township of Oro-Medonte, Ontario. Details of the water taking are as follows:

Source of water - Well 2

  • purpose of taking: aggregate washing
  • maximum rate per minute (litres) 454
  • maximum number of hours of taking per day: 24
  • maximum volume per day (litres) 654,624
  • maximum number of days of taking per year: 200
  • period of water taking: between March 1 and December 31 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 3 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 Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from August 3, 2023
to September 2, 2023

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