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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 // ~ ;" \ \ C1:S \ .~ ~ \{ .... s::: \ s::: 0 i o ;:; ..._--l CD CJ ~-----~~ '~ ~ CI)/ \ ~.... , "'------...JC1:S P . - -/1 _ n. ~~.~ c; ns .--- I ... CI) / / .....- (J -, (.\ \--- c ... \, \ CI)::J //~ \ 0 0 ///. \ \ tJ)//-\ \ \ -//', ~. .---t"....-~ .. \e-- ..,,\ .:..- \ \ -..-.........,./ ~- \ Y / L' \, " \ J ""-'" \ ~,/ \ ~----# \ ca ~,~ /"-- \. \ ~ ~ ~ \ Co<( \ \ . 0 . \ \.- s::: ";z, \ \ \ OJ 0 >?'l:..'~M.', \ \ G).2 >'~ -'\ "':s' \ \_ \~ +:i \~y .". \ \ ._.--.2-- --\ ~ ~ ~ \, /i' \ /' -y ,--,~ --' ';:1 \" '....0 ;.-- \,' ..J.--f---" & \.--0, ... / \, ,~," 1:\n. ' \ \ /..-.f.'/ 0 \0) \-,l;?" 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';t:~:~~~~:~ction. , \.., :=~~".';':-"''''''^''~:F;'"'~''t>r- _."_>.<~ "'''''''''-;'/' \ ,",,;!:~,"ji~'A' i ,,..~ji>.,,~,;., ",':'. __( ,Central Lake Ontario ':"1 ' >-'>.i>~"/" \._.,' f, ,: -roront~'iR:;glon ,.::".j ":f'~U;::I~~~:::lionl :,<~..,.~..\ .' r-""SO"~~I~=:;".n---\..,S..[, :H t .,) '~~~\C: }.-~!r .- . .. '; , \. ATTACHMENT,:J TO REPORT' PO d 6-~~, r) 6 ACT FOR CLEAN WATER ',_, ~~.~~~~~ REGIQN"T 7 1 '~,j ~. I .:_ v ,,-~ eLl DRINKING WATER SOURCE PROTECTiON" C~T' y"'-'c Pl(':KER1.l\iG 'J ..,.1 J " v ,-,:;^ 'cN':r PLANNING &. DEVELUI 1'11...1 '" DEPARTMENT (TC SOURCE PROTECTION (OMMITTEE . g~;':":"~'-~~----~--i~';~~ ~JgL"f.ft~~~P~2~~'tf{~'!' H ce1t... v\ +~ IV'''' ~! L." 1 ...- .' -' 'W ........, ~._.,_._.- ~ . ~\'....,_..-..:.="t'..,.......~_ L~~~ ! ~ Dear Debi Wilcox, j- , ~ . 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 ? "'nOr ~>,r.:v, d '..Wk..... -t- . " _. ~~II,).....,\ () Ms. Debi Wilcox City Clerk, City of Pickering One The Esplanade Pickering, ON, L 1V 6K7 Copy . ct) -t-~_ -rl (/ ; ob t....... r r; .....~ " :-.,--. \.~ I .^ _,l..,>O-"i'\......_.u.._L.\,....S'........ V '- . L 1'+'-\ C2\e:\::.s Ion ...J - (- i" , I ).l,...,-. ,"._ . n 287 /07 ~ \ . _.,.0. sf 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 I t I I 5 '7 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