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Source Water Protection - Part IV

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The Trent Source Protection Plan is prepared under the Ontario Clean Water Act, 2006 to direct local efforts to keep our source water clean and plentyful.

The Trent Source Protection Plan was approved by the Ministry of the Environment and Climate Change on October 23rd, 2014. The Plan took affect on January 1st, 2015.

The Plan contains specific policies that require the prohibition of some activities, as well as measures to manage the risk to drinking water posed by activities in the areas surrounding a municipal water intake or well. These policies were created under Part IV of the Clean Water Act.

What is Part IV of the Clean Water Act?

 Part IV of the Clean Water Act provides municipalities with new tools to regulate existing and future activities that  are significant drinking water threats due to their potential to pollute drinking water sources.

As per the Trent Assessment Report, significant drinking water threats are only possible in portions of these areas because these drinking water supplies are identified as more vulnerable:

The tools include prohibition, risk amangement plans, and restricted land uses.

Section 57: Prohibition

  •  Prohibition is intended to ensure that certain activities never become established in areas where there would be significant drinking water threats. Prohibition is used for activities that cannot be addressed through land use planning.

Section 58: Risk Management Plans

  • Risk management plans are intended to manage existing and future significant drinking water threats through best management practices.

Section 59: Restricted Land Use

  • This tool is used to flag specific land uses in a given area that are or may be associated with the activities that are prohibited under section 57 of the Clean Water Act or that require a risk amangement plan under section 58 of the Clean Water Act.

What is a drinking water threat?

A drinking water threat is an activity that has the potential to harm the quality or quantity of water that is used as a source of drinking water. A drinking water threat can be an existing activity, or an activity that could exist in the future.

Under the Clean Water Act, 21 drinking water threats were identified and the Trent Source Protection Commitee identified one other. The Trent Assessment Report identifies the types and number of existing drinking water threats in the areas surrounding municipal drinking water sources in the Trent Source Protection Area.

Possible Drinking Water Threats in the City of Quinte West

  1. The establishment, operation or maintenance of a waste  disposal site within the meaning of Part V of the Environmental Protection Act.
  2. The establishment, operation or maintenance of a  system that collects, stores, transmits, treats or disposes of sewage.
  3. The application of agricultural source material to  land.
  4. The storage of agricultural source material.
  5. The management of agricultural source material.
  6. The application of non-agricultural source material to  land.
  7. The handling and storage of non-agricultural source  material.
  8. The application of commercial fertilizer to land.
  9. The handling and storage of commercial fertilizer.
  10. The application of pesticide to land.
  11. The handling and storage of pesticide.
  12. The application of road salt.
  13. The handling and storage of road salt.
  14. The storage of snow.
  15. The handling and storage of fuel.
  16. The handling and storage of a dense non-aqueous phase liquid.
  17. The handling and storage of an organic solvent.
  18. The management of runoff that contains chemicals used  in the de-icing of aircraft.
  19. An activity that takes water from an aquifer or a  surface water body without returning the water taken to the same aquifer or  surface water body.
  20. An activity that reduces the recharge of an aquifer.
  21. The use of land as livestock grazing or pasturing  land, an outdoor confinement area or a farm-animal yard. O. Reg. 385/08, s. 3.

What are the affected areas in the City of Quinte West?

Unless you are in one of the four areas where significant drinking water threats were identified, you are not affected by Part IV of the Clean Water Act.

Source Water Protection Zone Road Signs

Are you in a vulnerable area?

How will Part IV policies apply to residence in the City of Quinte West?

For the four areas where the Part IV policies apply, the Trent Source Protection Plan requires prohibition, risk management plans, or restricted land use for activities that are or could be significant drinking water threats.

Prohibition:

Municipality receiving proposals for a new development or expansion/alteration to an existing development should ensure that the proposed development is not a prohibited use under the Source Protection Plan.  If a proposed activity is prohibited by the Source Protection Plan, the proponent must not engage in that activity at any location within the wellhead protection area or intake protection zone.

Risk Management Plan:

Risk management plans are agreements to regulate how an activity that is a significant drinking water threat is managed on a specific property. The plan outlines the actions required to control how the activity will be carried out in order to reduce or remove the risk to the source of drinking water.  The benefit of a risk management plan is that it allows certain activities that are a significant drinking water threat to continue to occur on a specific area of land, provided that the relevant measures agreed upon in the risk management plan are followed.

Restricted Land Use:

Where this applies, a notice from the Risk Management Official (RMO) is required before the municipality processes an application for a development proposed under the Planning Act, Condominium Act or The Ontario Building Code, the the vulnerable areas of the drinking water system.  The notice from the RMO will identify if activities relates to the proposed development are: prohibited under section 57, require a risk managmenet plan under section 58 (and the plan has been agreed to or established), or do not require a risk management plan.

In order to ensure that applications are not inadvertently approved without complying with Source Protection Plan policies, the municipality has establish a process so that staff can screen planning applications to determine if the proposed activities are subject to these provisions of the Clean Water Act.

 Application for a Restricted Land Use Notice (Section 59 Notice Application)

Guide to Completing the Application for Restricted Land Use Notice

Examples of the types of activities affected by Part IV policies.

Here is a list of some of the activities that may be affected by Part IV policies in the Source Protection Plan, if they are carried out in the identified source protection areas in your municipality:

  • storage and handling of liquid fuel in amounts over 2500 litres
  • septic systems or holding tanks
  • agriculture-related activities such as the storage/handling/application of fertilizers, pesticides, and agricultural source material
  • handling and storage of chemicals such as organic solvents and dense non-aqueous phase liquids
  • handling and storage of liquid waste from a business, including used oil from an auto repair shop
  • waste storage and disposal
  • handling and storage of road salt and snow.

If you are unsure whether a proposed activity may be a threat, please call the Risk Management Official at the City of Quinte West.

How does the risk management plan process work?

The Risk Management Official (RMO) will contact you if you require a risk management plan, or you may be referred to the risk management official by the planning and/or building department if you are planning a future activity that may require a risk management plan.

The risk management plan is negotiated by the RMO and the person engaged in the activity. That person may or may not be the property owner.  If the RMO and the person engaged in the activity agree to a risk management plan, the RMO will provide a written Section 59 notice to the person and attach a copy of the plan to the notice.

Risk management plans may be straightforward in many circumstances where persons are already using best management practices for their activities. If there is more than one significant threat activity being engaged in at a certain location, then the plan will be more complex in order to address the risks to the water source. Risk management plans may be amended.

Who is included in the risk management plan?

The risk management plan will be negotiated between the Risk Management Official, and the individual responsible for the activity. The plan is to recognize good practices already in place to reduce the risk to source water and, if necessary, to include other practices to fill gaps in management and minimize the risks posed to the drinking water supply. The risk management plan includes and accounts for any pre-existing risk management measures such as a nutrient management plan. Risk management plans can be simple or complex depending on the activity and its threat to the drinking water source.

What if no plan is agreed to?

The RMO may give a person notice that if no risk management plan is agreed to by a date specified in the notice then the RMO may establish a risk management plan for the activity. A person receiving the notice may waive the notice period and consent in writing to the establishment of the risk management plan before the deadline specified in the notice.  If notice is given and no risk management plan is agreed to by the date specified, then the RMO will, by order, establish a risk management plan for the activity.

Enforcement of a risk management plan.

If an RMO or Risk Management Inspector (RMI) has reasonable grounds to believe that a person is failing to implement their risk management plan, then the RMO or RMI may make an order requiring the person to do any one or more of the following: comply to the risk management plan by a specific date; seek an amendment to the risk management plan; or submit a report on compliance. If the provisions in the risk management plan are not carried out then the RMO or RMI may cause the required work to be done and order the person to pay the costs of the work. Costs may also be recovered by adding them to the property taxes.

Is there an appeal process available to the person?

Yes, a hearing before the Environmental Review Tribunal may be requested by serving written notice within 60 days after the Notice of Risk Management Plan is served by the RMO. A person requesting a hearing must state in their notice the grounds on which the person intends to relay at the hearing. For more details see Sections 70 to 77 of the of the Clean Water Act.

Who is the Risk Management Official for your area?

The Risk Management Official for the City of Qiinte West is fully certified and carries provincial identification.

Please call 613-392-2841 or toll free 1-866-485-2841 to speak to:

Risk Management Official/Inspector: Matt Tracey ext. 4482

Notice Application:

 Application for a Restricted Land Use Notice (Section 59 Notice Application)

Guide to Completing the Application for Restricted Land Use Notice

Resources:

Lower Trent Conservation Website

Trent Source Protection Website

Quinte Conservation Website

Quinte Source Protection Region Website

Source Protection Brochures:

This series of educational brochures includes information and helpful tips on how to protect drinking water.  Click on the each brochure to view.

Source Protection Videos:

  • Trent Conservation Coalition General Overview View
  • Drinking Water Source Protection: Septic System Tips View
  • Working Together, Ontario's Source Protection and Municipal Water Treatment View

 

 

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