HomeMy WebLinkAboutPSD-121-08 GIarington REPORT
8 Y
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 11 I �!� / c/
Date: Monday, November 17, 2008 p:t5C)t"-0r*Flu
Report#: PSD-121-08 File#: PLN 1.1.13 . By-law M
Subject: UPDATE ON DRAFT PROPOSED TERMS OF REFERENCE FOR THE
DEVELOPMENT OF AN ASSESSMENT REPORT AND SOURCE PROTECTION
PLAN FOR TRENT CONSERVATION COALITION SOURCE PROTECTION REGION
AND CREDIT VALLEY/TORONTO/CLOCA SOURCE PROTECTION REGION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-121-08 be received;
2. THAT the Ministry of Environment be requested to consider a study of the overall sustainable
carrying capacity of Lake Ontario for supplying high quality drinking water in consultation with
appropriate agencies in the United States;
3. THAT a copy of Report PSD-121-08 dated November 17, 2008 and Council's resolution be
forwarded to the Trent Conservation Coalition Source Protection Region, the Credit
Valley/Toronto/CLOCA Source Protection Region, the Ganaraska Region Conservation
Authority, the Central Lake Ontario Conservation Authority (CLOCA), Region of Durham and
Durham lakeshore area municipalities; and
4. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by: Reviewed by:
Davi6 J.Vom e, M.C.I.P., R.P.P. Franklin Wu,
DirMrof nning Ser�ic$s Chief Administrative Officer
A1
Anthony S. Cannella, C.E.T.
Director of Engineering Services
FL/sh
November 3, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
I
REPORT NO.: PSD-121-08 PAGE 2
1.0 PURPOSE
This report provides:
a) a summary of the Clean Water Act 2006 with regard to Source Water Protection and
the local municipal role that may result;
b) an outline of the roles and responsibilities that have been assigned to the Source
Water Protection Committee;
c) comments on the Draft Proposed Terms of Reference for the preparation of an
Assessment Report and a Source Protection Plan for existing and future sources of
drinking water; and
d) and overview of the potential impacts on the local municipality with regard to the
eventual implementation of the Source Water Protection Plans and Committee
recommendations.
2.0 BACKGROUND
2.1 The Clean Water Act was passed in October 2006 and was proclaimed into force on
July 3, 2007 together with the first phase of related regulations. The Act is the result of
Justice O'Connor's recommendations from the Walkerton Inquiry following the events of
2002. The purpose of the Clean Water Act is to "protect surface and groundwater
sources from contamination and overuse (water quality and quantity) for now and for the
future'. The Clean Water Act focuses on municipal supplies of drinking water and has
given the coordinating role for the planning process and developing the science to the
Conservation Authorities.
2.2 Clarington is part of two Source Protection areas - the Trent Conservation Coalition
Source Protection Region which includes the Ganaraska Region Conservation Authority
(GRCA) (see Attachment 1) and the Credit Valley/Toronto/Central Lake Ontario
Conservation (CLOCA) Source Protection Region (see Attachment 2). Report PSD-103-
07 set out the process for the selection of the source protection committees. Adoption of
this report included the appointment of Faye Langmaid, Manager of Special Projects
and Mayor Abernethy as members of the Municipal Working Group for the Ganaraska
area within the Trent Conservation Coalition Source Protection Region. In addition, it
made provision for the appointment of a member of Durham Region Staff (John Presta)
to the Source Water Committee for the Credit Valley/Toronto/CLOCA Source Water
Protection Committee.
2.3 A key focus of the Clean Water Act is the establishment of source protection
committees, source protection regions and source protection authorities.
Conservation Authorities have been legally constituted as source protection
authorities for source protection planning purposes. To date the role of the Municipality
with regard to both Source Water Protection Regions has been one of reviewing the
work of Conservation Authority and Regional Staff in regard to the mandated items and
timelines they have had imposed on them by the Regulations that accompany the Clean
Water Act.
REPORT NO.: PSD-121-08 PAGE 3
2.4 The Source Water Protection Committees are responsible for developing terms of
reference, an assessment report and source protection plan for each source protection
area or region. To facilitate the preparation of the source water protection plans, the
Ministry of the Environment (MOE) issued general terms of reference that could be
modified and made specific by each Source Protection Committee. However, many
portions of the terms of reference are mandatory and inflexible such as in the
methodological approach to the scientific study. The terms of reference for both such as
the Trent Conservation Coalition Source Protection Region and the Credit
Valley/Toronto/CLOCA Source Protection Region have been reviewed by Conservation
Authority and Regional staff to ensure their compliance with the regulations. Comments
are due to the Ministry by November 1gth, 2008. The draft terms of reference can be
viewed at the websites identified below.
http://www.ctcswp.ca
for Central Lake Ontario Source Protection Area terms of reference.
http://www.trentsourceprotection.on.ca/Reports.htmi
for Trent River Coalition Source Protection Area terms of reference
3.0 COMMENTS
3.1 The Clean Water Act, 2006 requires assessment and/or action in four vulnerable areas:
• Wellhead Protection Areas (ground water supplies such as Orono)
• Surface water intake zones (such as the Iroquois Beach)
• Highly vulnerable aquifers (such as Oak Ridge Moraine)
• Significant recharge areas (such as natural areas, valleys and woodlands).
Surface water intake zones include the Region of Durham's water supply plants which
draw from Lake Ontario. The Municipality is responsible for most of the stormwater
management systems in the area which outfall into various creeks that flow into Lake
Ontario.
Local municipalities have input through the municipal working groups that have been
formed; however, much of the guidance and modules that are being used to create the
Assessment Report and the Source Protection Plans are mandated by MOE. The
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, and monitoring. Municipalities will have to implement Source
Protection Plans once approved by the Minister of Environment.
The Assessment Report must be prepared within 14 months of approval of the Terms of
Reference by the Minister of the Environment and will provide the scientific basis for the
Source Protection Plans. The subsequent Source Protection Plans must be prepared by
August 2012. Municipalities (including local municipalities) and other parties are
required to implement the various recommendations of the final Source Protection Plans
for their area, including any changes to Official Plans.
REPORT NO.: PSD-121-08 PAGE 4
3.2 Comments on Draft Proposed Terms of Reference
While the structure of the Source Protection Regions and Committees have laid a
foundation to address watershed characterization of the source protection requirements,
there is no over-arching agency or Authority that has been charged with aggregating all
of the information as it relates to Lake Ontario. The terms of reference drafted by the
Trent Conservation Coalition Source Protection Region and the Credit Valley/Toronto/
CLOCA Source Protection Region do not address the larger Lake Ontario issues and
the dependency the local municipalities have on it for high quality drinking water.
Lake Ontario has a finite carrying capacity and a balance between what is being
discharged into, and drawn from the lake must be established. The experience gained
from Lake Simcoe provides a valuable lesson. The increase in beach closures on Lake
Ontario and many other factors are indicators that the overall quality of water has been
affected. In addition the potential affects of climate change on the quality and quantity of
water that continues to be drawn from Lake Ontario is a major concern. As such, MOE
needs to undertake a study to determine the overall sustainable carrying capacity of
Lake Ontario which is above and beyond the individual terms of reference for each
Source Protection Region.
3.3 Local Municipal Concerns
Although the Region is responsible for the municipal water drinking supply, the
Municipality is responsible for most of the overall stormwater management system,
including stormwater outfalls into various creeks that flow into Lake Ontario. In addition,
the Municipality has responsibilities regarding land uses. The implementation of source
water protection plans will become a role for municipalities.
A major outstanding issue regarding the Source Protections Plans is the level of
responsibility that local municipalities may ultimately be responsible for. If the plan
includes such items as improvements to municipal stormwater management systems or
practices, land use changes, and site remediation there could be substantial cost and
policy implications. The extent of Provincial funding is unknown at this time but is
worrisome and will continue to be an issue as the plans are being drafted.
4.0 CONCLUSION
4.1 Staff will continue to monitor the preparation of the Assessment Report and Source
Protection Plans for both the Trent Conservation Coalition Source Protection Region
and the Credit Valley/Toronto/CLOCA Source Protection Region. Council should be
aware the amount of time that staff can devote to this exercise is limited and the
timelines are rushed.
Staff will continue to rely upon the assistance of the Regional and Conservation
Authority Staff and their scientific expertise to ensure that the recommendations of the
Assessment Report and Source Protection Plans are within the capability of the
Municipality to provide.
REPORT NO.: PSD-121-08 PAGE 5
Attachments:
Attachment 1 — Trent Conservation Coalition Source Protection Region
Attachment 2 — Credit Valley/Toronto/CLOCA Source Protection Region.
Attachment 1
To Report PSD-121-08
WATER
SOU R(1E'1'R0TLTI()N
T 1
TRENT CONSERVATION COALITION
Source Protection Region
Hiliburton Counn,
Heliburion Bancmft•
Hastings County
Kawartha-Hahburton =az-
Source Protection" cepwo Valley
SourAe Protection
&terborougli County
City of Kay arrka Laker
Otonabee-Peterborough
Source Protection 't wladon
Area Varmora
Und"
yo
Fampbellford stiding-
v Lower Trent
Source Protection
Area
)Pon Perry T�—
Noi Lmd coulir.
Ganaraska Region
Source Protection
&-gitInal XtUnidpaht% Area
Coto
of Durham Port Horql-----
TRENT CONSERVATION COALITION
(CmLvo Va&y, Ganaerlska Region,
Lake Ontario Kawanha,Lovvor Trent&otonobw
Conservation Aughorfts)
Ontario Made possible through the supWrt of the Pruviroo of Omano
829
Alt .b_m2
# Report PS&2,-
y g § ,
cc f
c `
02 . 2
/ �j �
L) )
§ ,
� � )
j _{
§ \
% \
D
, {! 2 !
A / ) 2
v ) ) o%
u
0 : 0k
)
0 ` ` -
7
> ( a
§ r
L) ® « ) {
\ t§
= a � \Cu
e $ E
, 7Q# D (
A 2 ~
�{
830