HomeMy WebLinkAboutPD 06-09
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PD 06-09
Date: January 5; 2009
149
From:
Neil Carroll
Director, Planning & Development
Subject:
Drinking Water Source Protection Planning
Comments on Proposed Terms of Reference for the development of
Assessment Reports and Source Protection Plans, dated October, 2008
Recommendation:
1. That Report PD 06-09 of the Director, Planning & Development regarding Drinking
Water Source Protection be received for information; and
2. Further, that a copy of report PD 06-09 be forwarded to the Chief Administrative
Officer (CAO) of the Toronto & Region Conservation Authority (TRCA), the CAO of
the Central Lake Ontario Conservation Authority (CLOCA), the Chair of the Credit
ValleylToronto/Central Lake Ontario (CTC) Region Source Protection Committee,
and the Regional Municipality of Durham.
Executive Summary: In 2006, the Province established a process to protect the
quality c,tnd quantity of water sources supplying municipal drinking water systems. The
process is legislated by the Clean Water Act, 2006, and various regulations that came
into effect in 2007. The overall purpose of the Act is to eliminate, reduce or manage
threats to sources of drinking water, now and in the future.
The water sources to be protected are either surface-based (lake or river) or
groundwater based. The Ajax Water Supply Plant is an example of a lake based supply
system, and the Stouffville municipal well is a nearby example of a groundwater based
system. The legislation does not apply to individual homes or private wells.
The agencies and other partners involved in the process, their roles, and new
organizational structures are prescribed by regulation. Similarly, the steps in the process
and implementation time frames are prescribed. The final result will be the preparation of
"Source Protection Plans". The Plans must be submitted to the Minister of the
Environment (MOE) for approval by 2012.
Conservation Authorities are lead agencies in the Source Drinking Water Protection
process, together with the municipalities that own and operate water supply systems. For
Pickering, the Regional Municipality of Durham provides piped drinking water.
Report PO 06-09
January 5, 2009
Page 2
. Subject: Drinking Water Source Protection Planning
't~50
Thus, the Region is a key player in both the process to develop Source Protection Plans
and their implementation. A Source Protection Plan will be prepared for the jurisdictional
area of each Conservation Authority.
The City of Pickering has a lesser role in the process and implementation. The City must
be provided an opportunity to comment at various stages of the process. The City
confirmed its support, in October 2007, to nominate John Presta, Director of Environment
of the Regional Municipality of Durham as the "Municipal" Representative on the Source
Protection Committee representing Pickering. In addition, City staff have been attending
municipal liaison meetings, and reviewing/commenting on draft documents and
processes.
Work over the last six months has focused on preparing Terms of Reference (ToR) for
the preparation of "Assessment Reports and Source Protection Plans". As required, the
City was invited by the Source Protection Committee to comment on both the "Draft"
Terms of Reference in July 2008 and on the "Proposed" Terms of Reference in October
2008. The City received the ToR for both the TRCA and CLOCA jurisdictions. Staffs
only comment on the ToR was a factual clarification that the Ajax Water Supply Plant
provided water for Pickering as well as Ajax. The ToR has been forwarded to the
Minister of the Environment for approval.
Staff will continue to update Council at significant milestones in the process.
Financial Implications: None.
Sustainability Implications: The quality of water that is a source for municipal water
supply will be improved by eliminating or preventing contamination. This in turn will
protect the health of individuals. It is anticipated that certain land uses or practices will be
prohibited near a drinking water source. Similarly, it is expected that controls in
consumption will be imposed in some locations. Lastly, significant funding is being made
available to the conservation authorities to undertake the Source Protection Planning,
reducing the financial burden to municipalities.
1.0 Background:
The Clean Water Act, 2006 was proclaimed into force on July 3, 2007, in order to
implement certain recommendations of the Walkerton Inquiry Report regarding the
protection of existing and future sources of municipal drinking water.
The Clean Water Act, 2006 establishes source protection "areas" based on
Conservation Authority boundaries and some have been combined to form source
protection "regions". The Clean Water Act, 2006 requires the creation of a source
protection "committee" for each source protection area or region.
Report PO 06-09
January 5, 2009
Subject: Drinking Water Source Protection Planning
Page 3
. . 1 51
The source protection committee is responsible for developing a terms of
reference, an Assessment Report and a Source Protection Plan for each source
protection area or region.
Pickering is located in the CTC Source Protection Region. The CTC Region is
composed of 3 source protection areas: Credit Valley, Toronto & Region and
Central Lake Ontario Source Protection Areas. The City of Pickering is within both
the Toronto & Region and Central Lake Ontario Source Protection Areas
(see Attachment #1).
The Chair of the CTC Source Protection Committee invited comments by
November 19, 2008 on the "Proposed ToR in the CTC Source Protection Region"
(see Attachment #2).
The CTC Source Protection Authorities have now forwarded the Proposed ToR,
along with comments received, to the Minister of Environment for approval. Once
approved, the Assessment Report and Source Protection Plans must be
completed by April 2012.
2.0 Overview of the Proposed Terms of Reference
Each proposed Terms of Reference provides the following information:
· The municipal drinking water systems covered by the ToR;
· The technical, planning and communications tasks relevant to the completion
of the Assessment Report and Source Protection Plan;
· How the task will be completed;
· Who will be taking the lead on task coordination;
· Estimated timelines for completion of the various tasks; and
· Estimated cost associated with each of the tasks.
3.0 Scope of Work
3.1 Preparation of Assessment Report
The purpose of the Assessment Report is to assess and rank all identified drinking
water threats in a source protection area and is to contain the following sections:
(a) Watershed Characterization: description of natural features, population size
and distribution, land use and human-made influences, water quality, water
use and a preliminary list of land use activities that are known to pose a
threat to the quality or quantity of drinking water and a summary of issues
and concerns that exists in the watershed.
(b) Groundwater Vulnerability: identify wellhead protection areas around
municipal drinking water supply wells, highly vulnerable aquifers, significant
groundwater recharge areas and future municipal supply areas.
Report PD 06-09
January 5, 2009
Subject: Drinking Water Source Protection Planning
Page 4
I" -452
The relative vulnerability of each of these areas will be characterized as
high, medium or low.
(c) Surface Water Vulnerability: identify Intake Protection Zones based on
distance from, and potential threat to, a water intake for Lake Ontario water
supplies that may be vulnerable to contamination. Develop a vulnerability
score for each of the zones based on the comparative likelihood that a
contaminant may reach an intake. This section will also include an analysis
of potential human made pathways that may allow contaminants to enter
water including storm sewers, sanitary sewers, combined sewers, cooling
water discharge sewers and open drainage ditches.
(d) Water Quality Risk Assessment: identify the risk of specific threats entering
drinking water (existing or future activity of existing conditions that could
impact a drinking water source). Intake Protection Zones around water
supply plant intakes and other identified vulnerable areas such as highly
vulnerable aquifer areas and significant recharge areas will be specifically
assessed for risks.
(e) Water Budget and Water Quantity Risk Assessment: estimate the quantity
of water flowing through a watershed module, describe the process and
pathways that water follows and assess the reliability and availability of
current and future water supply sources from a quantity perspective.
The MOE has prepared draft guidelines for undertaking these modules of the
Assessment Report.
3.2 Preparation of Source Protection Plan
Each Source Protection Plan will set out policies to protect sources of drinking
water from threats identified in the Assessment Report. The Plan will also set out
how drinking water threats will be reduced, eliminated or monitored, who is
responsible for taking action, timelines for action, and how progress will be
measured. The Source Protection Plans will be implemented through existing land
use controls. The Clean Water Act specifies that where there is a conflict with
other Provincial Plans and legislation the more protective standard applies.
4.0 Discussion
Staff reviewed the Proposed Terms of Reference and had only a technical
comment regarding the description of the Ajax Water Supply Plant. The
description did not mention that it served the City of Pickering. This change was
forwarded directly by email to the CAO - TRCA
The ToR for the source protection areas bordering Lake Ontario identify the 'Lake
Ontario Collaborative' as a lead agency of the technical study components for the
lake based water supply intakes (such as the Ajax Water Supply Plant).
Report PO 06-09
January 5, 2009
Subject: Drinking Water Source Protection Planning
Page 5
1 53
The Lake Ontario Collaborative steering committee consists of twelve members
from MaE, Environment Canada, and Ontario Lake based Conservation.
Authorities & Municipalities.
The Collaborative study is currently on hold while the MOE provides additional
guidance and determines what additional work is needed in the next phase of
study to meet the requirements. The results of the Collaborative study will be vital
for shaping the source protection policies for Lake Ontario intake protection zones.
It is important that all the local municipalities be involved in that process.
The task of identifying issues, inventorying threats and assessing hazards and
risks in Intake Protections Zones is not yet assigned to any lead agency and it is
beyond current Lake Ontario Collaborative work program. Amendments to the
ToR may be required to assign the tasks in consultation with concerned
municipalities.
In reviewing the ToR, staff has identified at least one step that will require a higher
level of area municipal staff involvement. It is the development of generic official
plan policies to implement the source protection plans, with special consideration
where official plans address more than one Source Protection Plan. This step will
occur later in the process (2011-2012). Subsequently, area municipalities will be
required to undertake a conformity exercise for their official plans and zoning
by'laws.
5.0 Next Steps
The Source Protection Authorities await the decision of the MaE respecting the
ToR. The Minister may approve the ToR or direct the Source Protection Authorities
to amend them. The Source Protection Authorities are continuing to work on their
Assessment Reports.
The Proposed ToR indicate that the MaE is proposing to introduce additional
regulations, director's rules and guidance regarding the assessment reports and
source protection plans. Thus, it is anticipated that the approved ToR will require a
future amendment to address these new requirements. The ToR under
consideration complies with the current regulatory timelines imposed on the Source
Protection Committee. Within twelve months of the approval by the Minister, the
assessment report must be completed by each CTC Source Protection Authority.
Staff will continue to update Council at key steps in the process.
Report PD 06-09
January 5, 2009
Subject: Drinking Water Source Protection Planning
Page 6
I I' '\ 54
Attachments:
1. Map showing the location of the City of Pickering within the Credit Valley!
Toronto! Central Lake Ontario (CTC), Source Protection Region.
2. Copy of the letter from the Chair, CTC Source Protection Committee dated
October 20, 2008.
Prepared By:
Approved I Endorsed By:
)eep~ E,~r
Deepak Bhatt, MCIP, RPP
Planner II
Neil Carr II, P, RPP
Director, Planning & Development
Ca erine Rose, MCIP,
Manager of Policy
DB:cs
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City ncil //
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ATTACHMENT,:J TO
REPORT' PO d 6-~~, r) 6
ACT FOR CLEAN WATER ',_,
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DRINKING WATER
SOURCE PROTECTiON"
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PLANNING &. DEVELUI 1'11...1
'" DEPARTMENT
(TC SOURCE PROTECTION (OMMITTEE
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Dear Debi Wilcox, j-
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Proposed Terms of Reference in the ~1:~urce ec 10
Pursuant to the Clean Water Act, 2006 (theet} .
L2:~E APi R. ACTION
In July your municipality was notified of the opportunity to make comment on the Draft
Proposed Terms of Reference before they were submitted to the Source Protection
Authority. The Terms of Reference (TOR) has now been revised and enclosed are
copies of the Proposed TOR for Central Lake Ontario Source Protection Area and
Toronto and Region Squrce Protection Area which your municipality is partially included.
You have another opportunity to make further comment until November 19, 2008.,-
October 20, 2008
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Ms. Debi Wilcox
City Clerk, City of Pickering
One The Esplanade
Pickering, ON, L 1V 6K7
Copy . ct) -t-~_
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Comments may be sent to the appropriate Source Protection Authority in writing to:
Credit Valley Source Protection Toronto & Region Central Lake Ontario
Authority Source Protection Source Protection
Authority Authority
Rae Horst, G.A.O Brian Denney, G.A.O. J.R. Powell, G.A.O.
c/o; Credit Valley GonseNation c/o; Toronto & Region c/o; Central Lake
. Authority ConseNation Authority Ontario ConseNation
1255 Old Derry Road, Mississauga, 5 Shoreham Drive, Authority
ON L5N 6R4 Downs'view, ON M3N 100 Whiting Ave,
OR 154 OshawaON L1H3T3
By email to: OR OR
cvspasourcewater@creditvalleyca.ca By email to: By email to:
OR sourcewater(a)trca. on. c rpowell(a)cloca.com
By fax to 905-670-5613 9 OR
OR By fax to 905-579-0994
By fax to 416-661-6270
5 Shoreham Drive, Downsview ON M3 N 1 $4
tel. (416) 661-6600
fax (416) 661.('flClfl
\.,\'\1'/""V rtrc;wn r;a
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ATTACHMENT'
REPORlI PO
J .0
00-0~
Municipalities and other source protection area residents and business sectors were
provided the opportunity to make written comment on the draft versions of these TOR
through the posting of the documents and a notice on our website, newspaper ads,
posters and media articles. In addition, the SPC hosted public information forums during
September. The comments made (including those from municipalities) and our
responses to these comments are found in Appendix F to these TOR.
These Proposed Terms of Reference set out the work, timing, costs (high level estimates)
and responsibilities for the preparation of the Assessment Report and Source Protection
Plan. A separate Terms of Reference is required for each of the source protection areas
within the CTC Source Protection Region.
Each of the CTC Source Protection Authorities will receive comments on these Proposed
Terms of Reference until November 19, 2008. Following this 30 day comment period the
CTe Source Protection Authorities will provide their own comments along summary of
any issues raised by municipalities that have not been satisfactorily resolved in these
TOR. .
Should you or your council require further information please discuss your needs with
your municipal representatives John Presta or Beverley Thorpe, CTe Project Manager
(416-661-6600 extension 5577) and we will be pleased to provide the necessary
information.
r
Yours truly,
~~-d#
Chair, CTC Source Protection Committee
Enclosure
CLOSPA Proposed Terms of Reference
TRSPA Proposed Terms of Reference
cc. John Presta, CTC Source Protection Committee
Beverley Thorpe, CTe Project Manager