Loading...
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