County of Simcoe. Source Protection Plan Implementation Study. Background Report Date: January 29, 2015

Transcription

1 Schedule 1 Committee of the Whole Item CCW Page 1 of 60 County of Simcoe Source Protection Plan Implementation Study Background Report Date: January 29, 2015

2 Schedule 1 Committee of the Whole Item CCW Page 2 of 60 TABLE OF CONTENTS 1.0 Introduction Purpose of this Project Source Water Protection Background County of Simcoe vs. Lower-Tier Role Source Protection Plan Source Protection Plan Area What is a Source Protection Plan Wellhead Protection Areas (WHPA) Intake Protection Zones (IPZ) Highly Vulnerable Aquifers (HVA) Significant Groundwater Recharge Areas (SGRA) Water Sources in Simcoe County Well Locations Intake Protection Zone Locations Drinking Water Threats in the County of Simcoe Risk Assessment Water Budget and Quantity Risk Assessment Purpose Protecting Water Quantity and Managing Demand Policy Considerations Policy Development Background Transition Policies Policies for Consideration Threat #1 - Establishment, Operation or Maintenance of a Waste Disposal Site Threat #2 - Establishment, Operation or Maintenance of a Sewage Systems and Stormwater Management Threat #3 to #11 - Limited Applicability Threat #12 and #13 - Application of Road Salt, Handling and Storage of Road Salt Threat #14 - Storage of Snow Threat #15 - Handling and Storage of Fuel Threat #16 - Handling and Storage of Dense Non-Aqueous Phase Liquids (DNAPLs) Threat #17 - Handling and Storage of an Organic Solvent Threat #18 - Management of Run-Off that Contains Chemicals Used in the De-icing of Aircraft Threat #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 Threat #20 - An Activity that Reduces the Recharge of an Aquifer Threat #21 - Use of Land as Livestock Grazing or Pasturing Land, an Outdoor Confinement Area or a Farm-Animal Yard Land Use Policies No Planning Act Application Possible Prohibiting Future Uses... 24

3 Schedule 1 Committee of the Whole Item CCW Page 3 of Other Policies to be Considered Education, Incentive, and Monitoring Policies Timing for Updates Best Practices in Ontario Upper-Tier Municipal Official Plan Policy Dufferin County Region of Waterloo Region of York Norfolk County County of Wellington City of Kawartha Lakes Region of Niagara County of Lennox and Addington Single-Tier and Lower-Tier Municipal Official Plan Policy City of Barrie Town of Caledon City of North Bay Town of Innisfil Town of Midland Existing Policies in Simcoe County County of Simcoe Town of Penetanguishene The Town of Wasaga Beach Township of Adjala-Tosorontio Township of Clearview Township of Essa Township of Oro-Medonte Township of Ramara Township of Severn Township of Springwater Township of Tay Township of Tiny Town of Collingwood Town of New Tecumseth Town of Bradford West Gwillimbury Recommendations... 56

4 Schedule 1 Committee of the Whole Item CCW Page 4 of 60 Tables Table 1 Source Protection Chronology of Events Table 2 Well Locations within the County of Simcoe Table 3 Surface Water Intakes, by Municipality Table 4 Drinking Water Threats Regulated through the Clean Water Act, 2006 Table 5 Areas of SPP Policy Consideration Table 6 Other Policies to be Considered Table 7 Norfolk County Land Use Risk Categories Table 8 County of Wellington Land Use Risk Categories Table 9 County of Wellington Land Use Risk Descriptions Table 10 County of Wellington Wellhead Protection Provisions Table 11 County of Wellington Wellhead Protection Study Requirements Table 12 City of Kawartha Lakes Wellhead Protection Policy Summary Table 13 Decew Falls Water Treatment Plant Table 14 Port Colborne Water Treatment Plant Table 15 Niagara Falls Water Treatment Plant Figures Figure 1 Figure 2 Figure 3 Figure 4 Conceptual WHPA Cross-section Intake Protection Zone (IPZ) Highly Vulnerable Aquifer (HVA) Significant Groundwater Recharge Area (SGRA) Appendices Appendix 1 South Georgian Bay Lake Simcoe Source Protection Region and Sub Areas

5 Schedule 1 Committee of the Whole Item CCW Page 5 of Introduction 1.1 Purpose of this Project The County of Simcoe has commissioned a Source Protection Implementation Study in advance of the South Georgian Bay Lake Simcoe Source Protection Plan (SPP) taking effect. As part of the Study, this Background Report is being prepared to summarize the key issues outlined in the Source Protection Plan and to provide guidance on the implementation of the SPP in the County Official Plan. The Source Protection Plan and Explanatory Document were approved by the Minister of Environment and Climate Change on January 26, 2015 and will take effect on July 1, Source water protection is simply protecting the water resources that we use for drinking and may include such sources as lakes, rivers and groundwater. It is important to protect both the quality and quantity of drinking water sources in order to safeguard the supply of water to current and future residents of the County of Simcoe. In accordance with Section 40 of the Clean Water Act, 2006, the County of Simcoe is required to amend its Official Plan to conform with a SPP and specifically with the significant threats set out in the SPP. In addition, and more importantly, Section 39 of the Clean Water Act, 2006 requires that all decisions under the Planning Act and Condominium Act made by Council conform with the significant threat policies as set out in the SPP even before the County s planning documents are updated. The purpose of this Report is to summarize the SPP and supporting studies, and to review best practices from upper-tier and lower-tier municipalities that have begun to implement their respective Source Protection Plan. In Simcoe County, few municipalities have begun to implement the SPP. In many instances, this is because the SPP has yet to take effect, however the Province has approved the SPP and it will now take effect on July 1, Once the SPP has taken effect, all municipal decisions must be made in accordance to the SPP. The Report will conclude by making recommendations regarding policy areas to be considered though the implementation policies. This implementation project will produce the following deliverables: 1. A Background Report, which will provide an introduction to Source Water Protection, review best practices regarding source water protection, summarize the key findings of the SPP, and determine the relevant SPP significant threat policies that should be implemented in the County of Simcoe Official Plan. 2. A proposed Official Plan Amendment to implement the SPP. January 29,

6 Schedule 1 Committee of the Whole Item CCW Page 6 of Source Water Protection Background Walkerton s drinking water system became contaminated with deadly bacteria in May of As a result, seven people died and more than 2,300 became ill. The events of Walkerton sparked alarm about the safety of drinking water across the Province of Ontario. In response to the tragedy in Walkertown, the Government of Ontario established an independent Commission to examine how the water contamination in Walkerton occurred. It was called, the Walkerton Inquiry. The Walkerton Inquiry was prepared in two parts: Part One of the Report of the Walkerton Commission of Inquiry was prepared by Mr. Justice Dennis O Connor and released to the public on January 18, Part Two of the Report of the Walkerton Commission of Inquiry was released on May 23, Part One of the Walkerton Inquiry concluded that the primary source the contamination was manure that had been spread on a farm near a well. The outbreak would have been prevented by using continuous monitors at the well location. Part Two of the Walkerton Inquiry made recommendations to ensure the safety of drinking water for the entire Province. The recommendations of the Report included: Source Protection A watershedbased planning process that guards against the contamination of drinking water. Standards and Technology Effective standards and technology for treating water and for quality monitoring. Municipal Water Providers Water providers (municipalities) to provide a quality management approach to their water systems including an approved operational plan with continuous training for operators. Provincial Insight Ontario s drinking water is the responsibility of the provincial government and a Safe Drinking Water Act should be established. Special Cases Allow variances in regards to regulatory standards across the Province. In response to the Walkerton Inquiry, the Clean Water Act, 2006 introduced a new level of protection for Ontario s drinking water resources that establishes requirements for protecting drinking water resources at-source. The Act established roles and responsibilities for the Province, municipalities, and landowners in protecting drinking water resources for current and future generations. The Ontario government is committed to protecting our drinking water at the source, and therefore have implemented recommendations made from the Walkerton Inquiry. As January 29,

7 Schedule 1 Committee of the Whole Item CCW Page 7 of 60 a result, communities for the first time will be required to create and carry out a plan to protect sources of their municipal drinking water supplies. There are a total of 24 Source Protection Regions and subsequent Source Protection Plans in the Province. The County of Simcoe is located within the South Georgian Bay Lake Simcoe Source Protection Region. The SPP for the Region has been approved all municipalities will have five years to bring their policy documents into conformity with the SPP. Once the SPP takes effect, all municipal decisions will have to conform to the SPP, therefore highlighting the importance for local-tier municipalities to complete and initiate their own SPP process. The County and the lower-tier municipalities are key partners in the Source Protection process and are represented on Source Protection Committees. Source Protection Committees lead the process of implementing the Clean Water Act, 2006 through the preparation of Risk Assessment Reports and Source Protection Plans for the areas they represent. The purpose of a Risk Assessment Report is to identify drinking water threats within vulnerable areas, for example identification of Wellhead Protection Areas (WHPAs). Following the completion of a Risk Assessment Report, a Source Protection Plan is prepared by the Source Protection Committee which contains policies on significant threats. From a land use perspective, the policies put in place through the Source Protection Plan are to ensure that: an activity (or use) never becomes a significant drinking water threat; and, if the activity (or use) is being engaged in, the activity (or use) ceases to be a significant drinking water threat. Table 1 outlines the chronology of events which lead to the County of Simcoe initiating the Source Protection Plan Implementation Study. Table 1: Source Protection Chronology of Events Date November 2006 December 2007 June 2009 December 2010 October 2012 January 2014 April 2014 July 2014 October 2014 South Georgian Bay Lake Simcoe Source Protection Key Milestones Clean Water Act, 2006 given royal assent First South Georgian Bay Lake Simcoe Source Protection Committee meeting Terms of Reference for Source Water Protection approved by MOE Risk Assessment Report submitted to MOE for approval Proposed Source Protection Plan and Explanatory Document submitted to MOE Draft updated Local Area Risk Assessment Report released Proposed revised Source Protection Plan released for review and public consultation Source Protection Plan and 2014 Assessment Reports submitted to the Minister of the Environment and Climate Change County of Simcoe initiates Source Water Protection Implementation Study January 29,

8 Schedule 1 Committee of the Whole Item CCW Page 8 of County of Simcoe vs. Lower-Tier Role The County of Simcoe and the lower-tier municipalities have varying roles in Source Protection. In accordance with Sections 40, 41 and 42 of the Clean Water Act, 2006, municipal planning authorities are required to amend their Official Plans to conform with the significant threat policies that are set out in the South Georgian Bay Lake Simcoe Source Protection Plan. Section 42 of the Clean Water Act, 2006, requires municipal Zoning By-laws to also conform to the policies of the Source Protection Plan. In the County of Simcoe, municipal drinking water supplies are a lower-tier responsibility. As a result, the Source Protection polices to be included in the County Official Plan should be general and not prescriptive in nature. The policies should provide direction to local municipalities to keep their planning documents up-to-date and in conformity with County Source Protection policies and the SPP. The County policies should also provide direction for local municipalities to work together and coordinate where Source Protection or growth and development issues related to Source Protection cross local-tier municipal boundaries. As the approval authority for lower-tier Official Plan Amendments, the County is responsible for reviewing and approving, where appropriate, local tier Source Protection policies. Since a County responsibility is Growth Management, the County may also want to include policies in the Official Plan to direct growth and development that has the potential to be a significant threat, away from one of the four vulnerable areas. The lower-tier role in implementing the Source Protection Plan is more detailed than that of the County. The lower-tier governments are responsible for developing Official Plan policies that implement the significant threat policies identified in the Source Protection Plan. Lower-tier municipalities are also responsible for preparing Zoning By-law regulations to manage existing uses and prohibit future uses where they may become a significant threat. Lower-tier municipalities will work closely with Risk Management Officials and Risk Management Inspectors to evaluate threats and future changes in land use. A Risk Management Officer is an individual that monitors areas of potential risk and works with landowners that proposed new uses to develop Risk Management Plans. Typically, these individuals are employed or contracted by a lower-tier municipality. In summary, the role of the County in Source Protection is to provide high level policy and approve lower-tier Official Plan Amendments. By comparison, the lower-tier responsibilities include both providing policies on the establishment of new uses and management of existing uses, as well as a regulatory framework through the Zoning By-law to manage existing uses and prohibit future uses from occurring within vulnerable areas where they are considered to be significant threats. January 29,

9 Schedule 1 Committee of the Whole Item CCW Page 9 of Source Protection Plan 2.1 Source Protection Plan Area The South Georgian Bay Lake Simcoe Source Protection Region includes portions of southern Muskoka, the County of Simcoe, eastern Dufferin County, northern York and Durham Regions, and portions of the City of Kawartha Lakes. The South Georgian Bay Lake Simcoe Source Protection Region is divided into four sub areas which are delineated by watershed boundaries. The County of Simcoe is partially within the Nottawasaga Valley Source Protection Area, Severn Sound Source Protection Area, Lake Simcoe Source Protection Area, and the Black-Severn River Source Protection Area as shown on Appendix What is a Source Protection Plan The proposed South Georgian Bay Lake Simcoe Protection Plan has been developed by the Source Protection Committee based on the requirements of the Clean Water Act, The objectives of a Source Protection Plan as established under the Clean Water Act, 2006 are: 1. To protect existing and future drinking water sources in the protection region; and, 2. To ensure that, for every area identified in the assessment reports as an area where an activity is or would be significant drinking water threat: i. the activity never becomes a significant drinking water threat; or, ii. if the activity is occurring when the Source Protection Plan takes effect, the activity ceases to be a significant drinking water threat. The Source Protection Plans are intended to focus on protecting water before it enters the drinking water treatment system. The process is intended to be a locally driven, science-based, multi-stakeholder process to protect municipal drinking water sources. The Source Protection Plan identified four vulnerable areas which include: 1. Wellhead Protection Areas (WHPA) 2. Intake Protection Zones (IPZ) 3. Highly Vulnerable Aquifers (HVA) 4. Significant Groundwater Recharge Areas (SGRA) Each of the vulnerable area types that are applicable to the County are summarized in the following subsections. January 29,

10 Schedule 1 Committee of the Whole Item CCW Page 10 of Wellhead Protection Areas (WHPA) A wellhead is simply the physical structure of the well above ground. A Wellhead Protection Area (WHPA) is the area around the wellhead where land use activities have the potential to affect the quality or quantity of water that flows into the well. These are areas of high vulnerability where the greatest care must be taken in the storage, use and handling of materials that could, if mishandled or spilled, pollute or contaminate a municipal well Water Quality WHPAs A, B, C1 and D are represented by the area around a municipal well and are delineated based on how quickly water travels underground to a well (time of travel). The time of travel is measured in years. For example a WHPA-A represents a shorter time of travel than a WHPA-C. WHPAs A, B, C1 and D correspond to the distance away from the Well, with WHPA-A being the 100m zone shown on Figure 1. In some areas, a ten year travel time (C1) is used in place of the five year travel time which is shown in Figure 1 for illustrative purposes. A summary of the WHPAs is included below with the associated time of travel and Figure 1 provides an example of how a WHPA functions. WHPA-A represents a 100 metre zone around the wellhead where the land use activities have the potential to pose the most significant threat to the groundwater source. WHPA-B represents a time of travel of 2 years for groundwater to reach the wellhead. WHPA-C represents a time of travel of 5 years (WHPA-C1-10 years in some communities) for groundwater to reach the wellhead. WHPA-D represents a time of travel of 25 years for groundwater to reach the wellhead. The following factors influence the speed and direction that groundwater travels to the well: The rise and fall of the land in the travel zones The type of soil surrounding the well The type of aquifer The amount of water being pumped from the well WHPA-E is the vulnerable area for groundwater supplies which are under the direct influence of surface water. The area is calculated based on a two hour travel time of surface water to the well. January 29,

11 Schedule 1 Committee of the Whole Item CCW Page 11 of 60 Figure 1: Conceptual WHPA Cross-section WHPA D WHPA C/C1 WHPA C/C1 WHPA B WHPA B WHPA A WHPA A Water Quantity WHPAs Q1 and Q2 also apply in the County of Simcoe. These areas relate to the quantity of water and are delineated based on a cone of influence where new ground water takings could impact municipal wells ability to meet demand (Q1), or where reduced recharge could impact the ability to meet demand (Q2). January 29,

12 Schedule 1 Committee of the Whole Item CCW Page 12 of Intake Protection Zones (IPZ) An Intake Protection Zone is an area surrounding a municipal surface water intake and may be located both over water and over land. Intake Protection Zones (IPZs) are delineated based on how quickly water flows to an intake and is measured in hours. There are three possible IPZs that are generally identified. These include the IPZ-1, IPZ-2 and IPZ-3. IPZ-1 is a one kilometre circle around an intake; IPZ-2 is an area where water can reach an intake within a specified time period. In the case of the South Georgian Bay Lake Simcoe Protection Region, the IPZ-2 represents a time of travel of two hours; and IPZ-3 is an area where uses and activities may have any impact on water quality. Figure 2 provides an example of how IPZs are identified. Figure 2: Intake Protection Zone (IPZ) January 29,

13 Schedule 1 Committee of the Whole Item CCW Page 13 of Highly Vulnerable Aquifers (HVA) A highly vulnerable aquifer is an aquifer used as a water supply and is particularly susceptible to contamination due to the proximity to the surface or to the type of materials found in proximity to the aquifer. For example, an area where fractured rock surrounds ground water is considered more vulnerable than an area surrounded by clay as the fractured rock provides transport pathways for containments to reach groundwater sources. Figure 3 provides an illustration of a HVA and a protected aquifer. The HVA has fractured rock, sand and gravel above, which could provide a pathway for contaminants to reach the aquifer. Figure 3: Highly Vulnerable Aquifer (HVA) January 29,

14 Schedule 1 Committee of the Whole Item CCW Page 14 of Significant Groundwater Recharge Areas (SGRA) Significant Groundwater Recharge Areas (SGRA) are areas that are characterized by soils that allow water to easily penetrate into the ground and flow to an aquifer. These are often comprised of sand or gravel. These areas are significant when they assist in maintaining the water level of an aquifer. Figure 4 provides an illustration of a SGRA. In this example, surface water can easily filter through the sand and gravel layer and to recharge the aquifer. Figure 4: Significant Groundwater Recharge Area (SGRA) 2.3 Water Sources in Simcoe County Well Locations The majority of municipalities in Simcoe County obtain a significant amount of drinking water from municipal wells. Table 2 provides a summary of each Municipality s drinking water wells including the Source Protection Area and the Chapter of the Assessment Report that provides details on the Municipality s water supply. In total, there are 203 municipal drinking water wells in the County of Simcoe. The Township of Tiny has the most wells at 46, while Bradford West Gwillimbury only has 2 drinking water wells in the area of the Source Protection Plan. January 29,

15 Schedule 1 Committee of the Whole Item CCW Page 15 of 60 Table 2: Well Locations within the County of Simcoe Municipality Source Protection Area Number of Wells Assessment Report Ramara Lake Simcoe 5 Chapter 12 Bradford West Gwillimbury Lake Simcoe 2 Chapter 9 Innisfil Lake Simcoe 5 Chapter 10 Oro-Medonte Lake Simcoe 10 Chapter 11 Severn Black Severn River 1 Chapter 9 Ramara Black Severn River 5 Chapter 13 Adjala-Tosorontio Nottawasaga Valley 14 Chapter 8 Clearview Nottawasaga Valley 19 Chapter 10 Essa Nottawasaga Valley 10 Chapter 12 Innisfil Nottawasaga Valley 3 Chapter 13 New Tecumseth Nottawasaga Valley 11 Chapter 14 Oro-Medonte Nottawasaga Valley 3 Chapter 15 Springwater Nottawasaga Valley 22 Chapter 16 Wasaga Beach Nottawasaga Valley 7 Chapter 17 Midland Severn Sound 11 Chapter 7 Oro-Medonte Severn Sound/Nottawasaga Valley 11 Chapter 9 Penetanguishene Severn Sound 7 Chapter 8 Severn Severn Sound 6 Chapter 10 Springwater Severn Sound 5 Chapter 11 Tiny Severn Sound 46 Chapter 13 Total Number of Wells 203 January 29,

16 Schedule 1 Committee of the Whole Item CCW Page 16 of Intake Protection Zone Locations A few municipalities in Simcoe County obtain significant amount of drinking water from water intakes located in Georgian Bay, Lake Simcoe and Lake Couchiching. Table 3 provides a summary of each Municipality s drinking water intake including the Source Protection Area and the Chapter of the Assessment Report that provides details on the Municipality s water supply. In total, there are 9 municipal water system intakes in the County of Simcoe. The Township of Severn has the most intakes at 3. Table 3: Surface Water Intakes by Municipality Municipality Source Protection Area Intake Count Assessment Report Innisfil Lake Simcoe Couchiching/Black River 1 Chapter 10 Ramara Lake Simcoe Couchiching/Black River 2 Chapter 12 Severn Lake Simcoe Couchiching/Black River 3 Chapter 9 Collingwood Nottawasaga Valley 1 Chapter 11 Tay Severn Sound 2 Chapter 12 Total Number of Intakes Drinking Water Threats in the County of Simcoe Risk Assessment An assessment of drinking water threats for each lower-tier municipality was completed as part of the Assessment Reports that have been prepared for the Source Protection Area. A drinking water threat is defined by the Clean Water Act, 2006, as an activity, or condition that adversely affects or has the potential to adversely affect, the quality and quantity of any water that is or may be used as a source of drinking water, and includes any activity or condition that is prescribed by the regulations as a drinking water threat., where: an activity is one or a series of related processes, natural or anthropogenic, that occurs within a geographical area and may be related to a land use; a condition refers to the presence of a contaminant in the soil, sediment, or groundwater resulting from past activities. The Clean Water Act, 2006 identifies 21 threats that could be significant when occurring in a vulnerable area, these threats are identified in Table 4. January 29,

17 Schedule 1 Committee of the Whole Item CCW Page 17 of 60 Table 4: Drinking Water Threats Regulated through the Clean Water Act,2006 Threat ID Threat Type Number The establishment, operation or maintenance of a waste disposal site within the meaning of Part V or the Environmental Protection Act. 1. a. Untreated septage b. Waste disposal c. Mine tailings The establishment, operation or maintenance of a system that collects, stores, transmits, treats or disposes of sewage. 2. a. Stormwater management b. Wastewater treatment plants/sewer systems c. On-site sewage systems d. Industrial effluent 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 (DNAPL). 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. January 29,

18 Schedule 1 Committee of the Whole Item CCW Page 18 of Water Budget and Quantity Risk Assessment 3.1 Purpose The purpose of the Water Budget and Quantity Risk Assessment is to evaluate the long term ability of drinking water sources to meet current and future demand. The Reports evaluate whether the County will be able to meet its current and planned water quantity requirements by considering For more detailed reporting, Local Area Risk Assessments (Tier Three Report) may also be completed. Both a Water Budget and Quality Risk Assessment and Local Area Assessment consider the following: 1. Where is the water? (i.e. where are the various watershed hydrologic elements (e.g. soils, aquifers, streams, lakes)) 2. How does the water move between these elements? (i.e. what are the pathways through which the water travels?); 3. What and where are the stresses on the water? (i.e. where are the water takings?); and 4. What are the trends? (i.e. are levels declining, increasing, or remaining constant over time?) In evaluating these questions, the following factors were considered: Existing conditions including usage levels, hydrology, land uses drawdown; Estimated increased water demand and drawdown; Future land development; Drought potential; and, Impact from other water uses. In summary, the Reports evaluate water quantity supply vs. demand while considering a number of impacting factors. January 29,

19 Schedule 1 Committee of the Whole Item CCW Page 19 of Protecting Water Quantity and Managing Demand The Tier Three Report provides two Wellhead protection areas based on quantity concerns related to increased demand and ground cover (reduced infiltration). The areas are called the WHPA-Q1 and WHPA-Q2, which are described as follows: WHPA-Q1 is the cone of influence around a well. The cone of influence is estimated by calculating the level of drawdown in an aquifer under existing land use and future pumping rates. In this case, the draw down threshold used was 1m. WHPA-Q2 is the WHPA-Q1 and any area where a future reduction in recharge would significantly impact that area. Any increase to existing permitted water taking, or new permitted water taking within the WHPA- Q1 will be listed as a significant drinking water threat if it would result in an inability for existing wells to meet demand. Any modified activity, or new activity within the WHPA-Q2 that reduces the recharge to an aquifer will be listed as a significant drinking water threat if it would result in an inability for existing wells to meet demand. In order to ensure that the quantity of water is protected, it will be important to manage land uses and activities within the WHPA-Q1 and WHPA-Q2. The County Official Plan and lower-tier Plans should contain policies to limit the potential for reductions in the recharge ability of lands in these areas by including requirements that will ensure that sites are designed to promote infiltration. This could be achieved through the requirement that development applications are accompanied by a hydrological study or water budget analysis indicating there is no net reduction in recharge areas, and any new water demand for water will not surpass supply. January 29,

20 Schedule 1 Committee of the Whole Item CCW Page 20 of Policy Considerations 4.1 Policy Development Background In developing policies for implementing Source Protection Plans, there are ten available policy tools, each with a varying level of restriction. The policy tools are outlined in Table 5. Table 5: Areas of SPP Policy Consideration # Source Protection Tool Comments 1. S.57 Prohibition Activities may be prohibited that pose a significant threat to drinking water sources. Prohibition is meant to be used as a tool of last resort for existing threat activities. 2. S.58 Risk Management Plans Risk Management Plans are to be negotiated between a risk management official and a land owner; however, a risk management official may impose a Risk Management Plan where an agreement cannot be reached. Risk Management Plans are used to ensure that a threat to drinking water does not become significant. 3. S.59 Restricted Land Uses This tool is used in conjunction with a Risk Management Plan or prohibition and is intended to function as a screening tool in order to ensure that activities do not occur within a specified area that have the potential to result in a significant threat. 4. Prescribed Instruments A prescribed instrument is a document or permit issued by the Provincial government allowing an activity to take place. An example of a prescribed instrument is an Environmental Compliance Approval. 5. Land Use Planning Approvals Land use planning tools issued under the Planning Act and Condominium Act can be used to prohibit land uses. Land use tools such as Official Plans, Zoning By-laws and Site Plan Control Agreements can be used. January 29,

21 Schedule 1 Committee of the Whole Item CCW Page 21 of 60 # Source Protection Tool Comments 6. Incentives Incentives can be used to encourage education and reduction in threats. Incentives could include financial incentives or community recognition programs. 7. Education and Outreach These tools can be used to educate the public in order to limit the chances of significant drinking water threats being developed in the community. 8. Other 9. Specify Action These could include stewardship programs, specific actions taking by an individual or organization or research activities. These policies are not legally binding and assign a discretionary obligation to the implementing body to achieve an objective of the Source Water Protection Plan. 10. Monitoring Policies Monitoring policies can be included in the Plan to track the implementation of the threat policies in order to confirm the effectiveness of the Source Protection Plan. Within the County of Simcoe, the local-tier municipalities are responsible for water services and as a result, the majority of tools referenced in Table 5 apply at the local-tier. The most applicable tools to be used by the County of Simcoe are those related to education and outreach, monitoring and land use planning policies. The Official Plan policies that are developed to implement the SPP should include high level direction on Source Protection education and monitoring to be undertaken by the County and lower-tier municipalities. 4.2 Transition Policies The SPP includes transition provisions to recognize a situation where an application predates the Source Protection Plan coming into effect. These policies are summarized as follows: Where a policy in the Source Protection Plan prohibits a "future" threat activity, policies for managing "existing" drinking water threat activities apply in the following circumstances even though those activities will commence after the Source Protection Plan comes into effect: 1) A drinking water threat activity that is related to a development proposal where a complete application was made under the Planning Act or Condominium Act prior to the day the Source Protection Plan comes into effect. Policies for "existing" drinking water threats also apply to any further applications required under the Planning Act, Condominium Act, or prescribed instruments to implement the development proposal. January 29,

22 Schedule 1 Committee of the Whole Item CCW Page 22 of 60 2) A drinking water threat activity that is related to an application for a Building Permit, which has been submitted in compliance with Division C (5) of the Ontario Building Code Act or a development permit under the Niagara Escarpment Development Control Area prior to the day the Source Protection Plan comes into effect. 3) A drinking water threat activity that is related to an application made for the issuance or amendment of a prescribed instrument prior to the day the Source Protection Plan comes into effect. It is important that the County Official Plan contain implementing policies to guide the transition of planning applications. 4.3 Policies for Consideration Section 16 of the Source Protection Plan provides the policies of the Plan through a series of Tables that coincide with the 21 identified threats which are identified on Table 4 of this Report. A summary of the applicable threats in the County of Simcoe with the related policies is provided in the follow subsections. Please note that only those policies where the County is the implementer are included Threat #1 - Establishment, Operation or Maintenance of a Waste Disposal Site The waste policies of the Source Protection Plan (WAST(b)-4), require that municipalities responsible for waste management consider ways in which additional opportunities for household hazardous waste disposal can be provided to those handling and storing pesticides, organic solvents and DNAPLs, to ensure that they are properly removed from vulnerable areas where the activity is or would be a significant drinking water threat. The County of Simcoe is responsible for most waste management matters. The County Official Plan should contains polices related to this threat Threat #2 - Establishment, Operation or Maintenance of a Sewage Systems and Stormwater Management The Source Protection Plan contains policies that apply to on-site sewage systems. Specifically, policy SEWG(c)-3 encourages municipalities to enact By-laws that require mandatory connections to municipal waste water systems in vulnerable areas where an on-site sewage system is a significant drinking water threat. In addition to enacting By-laws, the County of Simcoe could also include policies within the Official Plan to require local municipalities to include policies in their Official Plan to require any homes, buildings and areas in vulnerable areas not serviced with municipal servicing to connect the services when they become available. January 29,

23 Schedule 1 Committee of the Whole Item CCW Page 23 of 60 Policy SEWG(c)-4 requires that municipalities implement inspection programs for on-site sewage systems that are located in vulnerable areas where they are a significant drinking water threat in accordance with the Ontario Building Code. The County could consider the addition of Official Plan policies to provide direction for the establishment of a septic inspection program within wellhead protection areas to augment the septic inspection program that has been launched by the local municipality. The Source Protection Plan also requires stormwater management to be properly managed to protect drinking water sources. The County could include Official Plan policies that require stormwater management facilities to be located outside of WHPAs and IPZs. It is important for the County Official Plan to contain policies that provide direction on lot creation and ensuring that septic systems are appropriately sited and designed in vulnerable areas or in proximity to vulnerable areas where the County is the approval authority for plans of subdivision Threat #3 to #11 - Limited Applicability Threats #3 though #11 may exist in the County however, neither the County, nor the lower-tier municipalities are the implementers. Threats #3 through #11 are: Application of Agricultural Source Material to Land Storage of Agricultural Source Material Management of Agricultural Source Material Application of Non-Agricultural Source Material January 29,

24 Schedule 1 Committee of the Whole Item CCW Page 24 of 60 Handling and Storage of Non-Agricultural Source Material Application of Commercial Fertilizer to Land Handling and Storage of Commercial Fertilizer Application of Pesticides to Land Handling and Storage of Pesticides Threat #12 and #13 - Application of Road Salt, Handling and Storage of Road Salt Threat No. 12 applies to circumstances where the application of road salt could be a significant drinking water threat. Policy No. SALT(app)-1 and SALT(app)-2 provide policies related to the application of road salt. Threat No. 13 relates to the handling and storage of road salt. Policy No. SALT(h&s)-1 and SALT(h&s)-2 provide policies that require the proper handling and storage of road salt where the activity would be considered a significant threat to drinking water. As a result, the Official Plan should contain policies that require the municipal handling and storage of road salt in accordance with the SPP Threat #14 - Storage of Snow Threat No. 14 applies to the storage of snow. Where snow storage is proposed in an area where it would be a significant drinking water threat, a Risk Management Plan is required. Considering snow storage is a permitted use within all lands in the County of Simcoe, the County Official Plan should provide policies that direct snow storage to areas outside of wellhead protection areas and require a Risk Management Plan (RMP) where the activity is proposed within a vulnerable area. January 29,

25 Schedule 1 Committee of the Whole Item CCW Page 25 of Threat #15 - Handling and Storage of Fuel Threat No. 15 is the handling and storage of fuel. The fuel storage policies of the Source Protection Plan are found as FUEL-1, FUEL-2 and FUEL-3. These policies provide direction for the existing and future handling and storage of fuel. FUEL-2 provides policies that indicate the future handling and storage of fuel is prohibited where the activity would be a significant water threat. The County of Simcoe Official Plan should contain policies that prohibit the storage of fuel in areas where it would be considered a significant drinking water threat Threat #16 - Handling and Storage of Dense Non- Aqueous Phase Liquids (DNAPLs) Threat No. 16 outlines policies that apply to the handling and storage of dense non-aqueous phase liquids (DNAPLs). Dense Non-Aqueous Phase Liquids are denser than water and do not dissolve in water. The County of Simcoe Official Plan should contain policies that restrict land uses that handle and store DNAPLs where such a use would be significant threat to drinking water Threat #17 - Handling and Storage of an Organic Solvent Threat No. 17 is the handling and storage of organic solvents. Organic Solvents are chemicals that are used in industrial and commercial activities and some household products that have the ability to contaminate drinking water sources. The Source Protection Plan contains policies for organic solvents and Policy SOLV-2 prohibits the handling and storage of organic solvents where the activity would be a significant drinking water threat. The County of Simcoe Official Plan should contain policies to prohibit uses that may utilize organic solvents, where they would be a significant threat to drinking water. January 29,

26 Schedule 1 Committee of the Whole Item CCW Page 26 of Threat #18 - Management of Run-Off that Contains Chemicals Used in the De-icing of Aircraft Threat No. 18 relates to the threat of chemicals that are used in the de-icing of planes. The County Official Plan should contain polices that prohibit uses that may utilize these chemicals in vulnerable areas Threat #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 Threat No. 19 relates to an activity that takes water from an aquifer or surface water body without returning the water taken to the same aquifer or surface water body. Policy DEMD-3 of the Source Protection Plan identifies that within a wellhead protection area Q1 assigned a significant or moderate risk level where the taking of water from an aquifer without returning the water to the same aquifer is or would be a significant drinking water threat, municipalities responsible for the water shall develop water conservation plans. Policy DEMD-2 requires planning authorities to consider water quantity availability when developing population and employment forecasts. The County of Simcoe may wish to contain a policy to this effect in the Official Plan. Policy should also consider the increased water-taking required as a result of projected growth and the impacts on Source Water Threat #20 - An Activity that Reduces the Recharge of an Aquifer Threat No. 20 relates to an activity that reduces the recharge of an aquifer. The County may wish to include policies in the Official Plan that require aquifer recharge and quantity threats to be examined when expanding a built-up area within the County Threat #21 - Use of Land as Livestock Grazing or Pasturing Land, an Outdoor Confinement Area or a Farm-Animal Yard Existing and future livestock grazing and pasturing is designated for the purposes of Section 57 of the Clean Water Act, 2006, and is therefore prohibited where the number of animals on the land at any time is sufficient to generate nutrients at an annual rate that is greater than 0.5 nutrient units/acre where the activity is or would be a significant drinking water threat. The County could consider including a similar policy that encourage municipalities to restrict agricultural uses in proximity to vulnerable areas. January 29,

27 Schedule 1 Committee of the Whole Item CCW Page 27 of Land Use Policies Section 17.3 of the Source Protection Plan contains additional land use planning policies. A number of these policies require implementation through local planning documents and are summarized in the following subsections No Planning Act Application Possible Policy RLU-1 functions to prevent individuals from making any Planning Act application to establish the following activities (or uses) where they are or would be a significant drinking water threat: 3) Application of agricultural source material to land 4) Handling and storage of agricultural source material 6) Application of non-agricultural source material 7) Handling and storage of non-agricultural source material 8) Application of commercial fertilizer to land 9) Handling and storage of commercial fertilizer 10) Application of pesticide to land 11) Handling and storage of pesticide 12) Application of road salt 13) Handling and storage of road salt 14) Storage of snow 15) Handling and storage of fuel January 29,

28 Schedule 1 Committee of the Whole Item CCW Page 28 of 60 16) Handling and storage of DNAPLs 17) Handling and storage of organic solvents 21) Use of land as livestock grazing, or pasturing land, an outdoor confinement area of farm animal yard. There is an exception to policy RLU-1 that enables a Risk Management Official to issue written direction to identify situations where an application may be made. The County of Simcoe may want to consider inclusion of a policy in the Official Plan. Part IV under the Clean Water Act is administered and enforced by a Risk Management Official and Risk Management Inspector Prohibiting Future Uses Policy LUP-1 requires planning authorities to amend their planning documents to prohibit the following future uses in vulnerable areas where the activity is or would be a significant drinking water threat: 1) waste disposal sites within the meaning of Part 5 of the Environmental Protection Act, 2c) more than 10,000 litres on-site sewage systems for agricultural source material storage facilities, 7) non-agricultural source material storage facilities, 9) commercial fertilizer storage facilities, 11) pesticide storage facilities, 13) road salt storage facilities, 14) snow storage facilities, 15) fuel storage, 16) DNAPLs storage, 17) organic solvent storage, 21) outdoor confinement or farm animal yard in WHPA-A/IPZ-1 The County of Simcoe Official Plan should contain policies that prohibit these uses within vulnerable areas Other Policies to be Considered Table 6 contains a summary of other policies as they apply to the County of Simcoe that should be addressed as part of this conformity process. In many instance, the County Official Plan should provide direction for the inclusion of more detailed policies and regulations in the lower-tier Official Plan and Zoning By-law. January 29,

29 Schedule 1 Committee of the Whole Item CCW Page 29 of 60 Table 6: Other Policies to be Considered Policy Reference LUP-2 Policy Summary This policy requires the application of road salt in vulnerable areas, where the threat would be significant, to be subject to site plan control LUP-3 Ensure the design of new stormwater management facilities reduces the risk of contaminating drinking water, and directs the discharge of stormwater outside of vulnerable areas, where the activity would be a significant drinking water threat. LUP-4 Locate new (private or municipal) sewage system infrastructure, wherever possible, outside of the vulnerable area where it would be a significant drinking water threat. LUP-5 Include policies to address stormwater pond discharges and sanitary sewers and related pipes by requiring master environmental servicing plans (MESPs) as part of a complete application to avoid locating threats associated with development infrastructure in vulnerable areas LUP-6 LUP-7 LUP-8 LUP-10 LUP-11 LUP-12 In the area where a future small on-site sewage system would be a significant drinking water threat, new development may be permitted only where the lot size for any proposed development that would include a small on-site sewage treatment system is based on the most current version of MOE s guidelines for individual on-site servicing. Lots of record that exist on the effective date of the source protection plan are exempted. Prohibit new small on-site sewage systems within a WHPA-A (100m radius) area. In the issue contributing area and outside the WHPA-A, where a future small on-site sewage system would be a significant drinking water threat, new development may be permitted only where the lot size for any proposed development that would include a small on-site sewage treatment system is based on the most current version of MOE s guidelines for individual on-site servicing. Lots of record that exist on the date of approval of the source protection plan are exempted. Where the future taking of water from an aquifer without returning it to the same aquifer would be a significant drinking water threat, new development or site alteration shall only be permitted where it has been demonstrated that any increase in water demand beyond the allocated demand is sustainable as determined by the MOE in accordance with the Source Protection Plan and Ontario Water Resources Act. Protect significant groundwater recharge areas from incompatible development or site alteration that may reduce the recharge of an aquifer within WHPA-Q2. Only permit new major development or site alteration (excluding single detached residential) in a WHPA-Q2 where the activity would be a significant drinking water threat, where it can be demonstrated through the submission of a hydrogeological study that the existing water balance be maintained (i.e. there will be no net reduction in recharge) January 29,

30 Schedule 1 Committee of the Whole Item CCW Page 30 of 60 Policy Reference LUP-13 Policy Summary Require the use of Best Management Practices such as Low Impact Development to maintain pre-development recharge rates for non-major developments or site alterations in a WHPA-Q2 assigned a moderate risk level, where the activity would be a significant drinking water threat. LUP-14 LUP-15 Examine municipal water supply servicing constraints when approving settlement area expansions within WHPA-Q2 where an activity is or would be a significant drinking water threat. Examine municipal water supply servicing constraints when approving settlement area expansions beyond areas assessed in the Tier 3 assessment, within a WHPA-Q2 where an activity that reduces the recharge of an aquifer is or would be a significant drinking water threat. 4.5 Education, Incentive, and Monitoring Policies Section 17.4 of the Source Protection Plan contains a number of education and outreach policies. For example, Policy EDU-10 requires municipalities purchase and install signage that identifies the location of WHPAs in the County of Simcoe. Section 17.5 of the Source Protection Plan contains incentive policies. These policies encourage Municipalities to provide incentives for landowners to improve septic systems where they are a significant drinking water threat, and encourage Municipalities to consider opportunities to promote the effective storage of snow where it also is a significant drinking water threat. Section 17.6 of the Source Protection Plan contains monitoring policies. Policy MON-1 and MON-4 requires Municipalities to report to the local Source Protection Committee the steps taken to implement significant threat policies and recommendations, where appropriate. The County of Simcoe should contain a monitoring policy in the Official Plan. The County may wish to consider a general policy supporting the implementation of the SPP, encouraging all residents to be mindful of the County s drinking water resources. The County may also include a policy in the Official Plan directing the establishment of an active education and January 29,

31 Schedule 1 Committee of the Whole Item CCW Page 31 of 60 promotion campaign with respect to source water protection and to encourage local municipalities and Conservation Authority initiated education programs. 4.6 Timing for Updates The Source Protection Plan identifies timelines for conformity exercises to be undertaken. These policies indicate that Official Plans and Zoning By-laws shall be updated to conform with the applicable significant drinking water threat policies in accordance with Section 26 of the Planning Act. The Official Plan Review required by Section 26 and the subsequent required Zoning By-law update, establish the timelines for Municipalities update their Official Plans to be consistent with provincial plans and have regard to provincial interests. Municipalities are required to update their plans within five years of the SPP approval, and municipalities may do this as a part of their Official Plan and policy updates. January 29,

32 Schedule 1 Committee of the Whole Item CCW Page 32 of Best Practices in Ontario The municipal implementation of Source Water Protection Plans has been limited thus far in Ontario. However, some municipalities have progressive Official Plan policies and Zoning By-law regulations in place to address ground water and drinking water threats and to identify vulnerable areas. The following sections provide examples of policies and policy frameworks that are in place in other jurisdictions. The intent of this section is to provide a review of pre-existing policy frameworks to help determine the range of possibilities and identify what would work best for the County of Simcoe. 5.1 Upper-Tier Municipal Official Plan Policy Dufferin County Dufferin County is similar to Simcoe County in that the lower-tier municipalities provide water supplies. The County has implemented policies within their Official Plan Draft issued for Council adoption in September of 2014, that are aimed to protect, conserve and carefully manage groundwater resources to meet the present and future needs of residents, businesses, visitors and the flora and fauna within the natural environment. The Dufferin County policies direct local municipalities to support and participate in initiatives that implement the Clean Water Act. The County Plan requires local tiers to amend their Official Plans. The Dufferin County Plan also notes that it is within the local Official Plans that policy guidance with respect to the protection of source water, including designated vulnerable areas, wellhead areas, and areas susceptible to groundwater contamination are implemented. The County Plan polices: support the development of restriction on development and site alteration to protect municipal drinking water sources; and, require development applications to provide assurances that source water quality and quantity will not be negatively impacted. January 29,

33 Schedule 1 Committee of the Whole Item CCW Page 33 of Region of Waterloo The Region of Waterloo has implemented Regional Official Plan policies related to both mitigating and prohibiting uses and activities that may be a threat to their drinking water system. The Regional Official Plan was approved by the Ministry of Municipal Affairs and Housing (MMAH) on December 22, 2010, and as of January 24, 2011 this Plan is under appeal before the Ontario Municipal Board. The example of Waterloo is applicable to many areas of the County of Simcoe, as the Region sources the majority of its drinking water from wells. The policies developed by the Region of Waterloo, predate the Source Water Protection planning work that is currently being undertaken in the Province. As a result, some of the terminology that is used is not the same as what is proposed through the Source Protection Plans. There are two areas of policy used by the Region of Waterloo. First are general provisions that seek to mitigate impacts to Source Protection Areas via the requirement for studies. For example, where a Planning Act application is made within a Source Water Protection Area, there is a requirement that the applicant demonstrate that the proposed use will not negatively impact the quality and/or quantity of drinking water resources in Source Water Protection Areas. The second area of policy control which the Region utilizes to implement Source Water Protection is through the prohibiting of certain uses and activities within Wellhead Protection Sensitivity Areas (WPSAs). These areas are classified on a scale of 1 to 8, which allows for varying degrees of management relative to the vulnerability of the underlying groundwater to: Contamination; The importance of the well to the capacity of the municipal drinking water system; and, The length of time groundwater within the WPSA will take to reach the supply well. Once these WPSAs are identified, land uses that may pose a risk to the quantity and/or quality of municipal drinking-water supplies are divided into four categories according to the level of risk. These categories are: Category A Very High Risk Uses; Category B High Risk Uses; Category C Moderate Risk Uses; and, Category D Represents other land uses that involve soil excavation and/or the creation of subsurface facilities, which contribute to the risk to municipal drinking-water supplies by increasing vulnerability. From these land use categories, policies either restrict uses or require studies prior to the approval of land uses within each category. January 29,

34 Schedule 1 Committee of the Whole Item CCW Page 34 of Region of York The Region of York has published a number of implementation tools for local municipalities to consider in the implementation of SPP policies within their Official Plans. The most recent version of the Region of York s Official Plan is from June 20, While the Region s focus is largely on circulating relevant applications to Regional staff for SPP assistance, they do provide pertinent information on matters related to transitional policies. A portion of the Region of York is also located within the South Georgian Bay Lake Simcoe Source Protection Region. Transition policies are related to those planning applications that are in process when the SPP is approved. In these cases, the planning application would need to be received and deemed complete prior to the SPP approval in order to be considered a transitional application. The transition policies provide relief from the full extent of the SPP policies where a prohibition is identified for an associated significant drinking water threat activity. The transition policies treat the threat activity as an existing threat (as defined in the SPP), rather than a future threat. The threat activity would then be managed through a Risk Management Plan, rather than prohibited. The County may wish to also consider transitional policies as part of the Official Plan update Norfolk County Norfolk County approved their Official Plan on May 6, 2006 and MMAH approved the Plan on December 23, The Official Plan was last updated in January of Section 6.3 of the County of Norfolk Official Plan contains policies for Source Water Protection. The policies contained in this section relate to aquifer and wellhead protection. The County municipal and private water systems are supplied almost exclusively from groundwater resources; accordingly added protection is given to WHPAs to prevent contamination. The policies to protect the aquifers include: Removal of possible sources of contamination including unused fuel tanks Alternatives to salt for de-icing roads Educational programming addressing groundwater polluters Abatement processes for faulty sewage disposal systems or improperly located or maintained wells Development and utilization of sewage systems with d nitrification capabilities Assurance that groundwater quality and quantity will not be negatively impacted required for approval of applications for development Section provides policies for wellhead protection. In Norfolk County, only land uses that represent a low level of risk to groundwater quality are permitted within the WHPAs. The WHPAs are included in Schedule D-2 of the Official Plan, the sensitivity areas range from the 50 day capture zone to 25 year capture zone. January 29,

35 Schedule 1 Committee of the Whole Item CCW Page 35 of 60 The Plan recognizes that property boundaries do not align with the WHPA s sensitivity boundaries. The Plan provides direction where uses are proposed on properties within or partially within a WHPA. These policies provide direction for: Properties within a WHPA shall be subject to the restrictions applicable to the sensitivity area rating. Properties having parts lying within more than one WHPA sensitivity rating shall be subject to the more restrictive rating, unless the developed/ developed portion is outside of the more restrictive sensitivity rating, in which case the less restrictive sensitivity area rating applies. Properties having parts lying within a WHPA and outside of a WHPA shall be subject to the restrictions of the WHOA sensitivity rating, unless the developed/ developed portion is outside of the WHPA., in which case the WHPA policies do not apply. The WHPAs are considered to be special protection areas which land uses are categorized into three categories from high (Category A) to low (Category B) risk. Table 7 provides a list of the uses included in each category. The list is not exhaustive, and additions can be made for uses or activities that may pose a comparable risk to groundwater as those listed. Table 7: Norfolk County Land Use Risk Categories Category Uses Included A B outdoor bulk storage of road salt auto wrecking and salvage yards disposal of abattoir and rendering wastes mass burial sites for livestock bulk storage of tires petroleum products refining and asphalt batching storage of waste, as defined in Regulation 347 of the Environmental Protection Act, as amended storage of chlorinated solvents bulk storage of cleaning products, pesticides, herbicides, fungicides and chemicals, excluding on-farm storage for on-farm use and for agriculture production purposes bulk storage of oil, gasoline or petroleum products, excluding on-farm storage for agricultural production purposes or accessory to main use on a lot foundries non-ferrous and precious metal smelting and refining metal rolling, casting and extruding operations, including steel pipes and tubes January 29,

36 Schedule 1 Committee of the Whole Item CCW Page 36 of 60 Category Uses Included metal finishing operations (electroplating, electrocoating, galvanizing, painting, application of baked enamel) assembly of aircraft and aircraft parts, motor vehicles, truck, bus bodies, trailers, rail cars, mobile homes, ships and boats vehicle stampings commercial or industrial dry cleaning of textiles and textile products leather tanning and finishing wood and wood product preservation and treatment automobile service stations and gas stations manufacturing of unfinished fabricated metal products and parts manufacturing of cable, wire and wire products manufacturing of jewellery and silverware manufacturing of engines, engine parts, steering and suspension parts, wheels and brakes manufacturing of agricultural, commercial and industrial machinery manufacturing, packaging, crating or bottling of resins, paints, varnish, printing inks, adhesives, and dyes; manufacturing of plastics and reinforced fibreglass plastic manufacturing of pharmaceuticals and medicines manufacturing of electronic components such as semiconductors, printed circuit boards and cathode ray tubes manufacturing of wet electrical equipment and wet batteries finishing and dyeing of textiles transportation terminals for chemicals or hazardous substances bulk storage of road salt uncovered storage and handling of road salt snow storage and disposal facilities transformer stations C automated production of baked goods, dairy, canned goods, frozen foods, processed food and meat automated manufacturing of soft drinks, distilleries, breweries and wine making dead stock removal operations January 29,

37 Schedule 1 Committee of the Whole Item CCW Page 37 of 60 Category Uses Included photographic developing facilities (other than accessory to other retail uses) printing of newspaper, packaging, paper and books repair of industrial equipment repair of motor vehicles, aircraft, water craft, rail vehicles, trucks, buses and machinery golf courses airports, train and public transit terminals medical, health and other laboratories (other than clinics generally associated with commercial plazas) contractor s yard defined as an outdoor area used by a general contractor for the outdoor storage of vehicles, machinery, equipment or materials contractor s yard defined as an outdoor area used by a general contractor for the outdoor storage of vehicles, machinery, equipment or materials funeral homes cemeteries manufacturing of rubber products manufacturing of electrical appliances, equipment, motors, lighting fixtures, lamps manufacturing of electric light bulbs and tubes manufacturing of dry batteries manufacturing of soaps and toiletry preparations manufacturing of plastic and foam parts and products furniture, casket, cabinet and other wood products manufacturing and assembly manufacturing of coated glass Existing land uses that are categorized A, B, or C within Sensitivity 1 WHPAs and A or B land uses within Sensitivity 2 WHPAs will be recognized as legal non-conforming uses. Once the uses cease to exist, the legal non-conforming status will be removed and conformity with the Official Plan is required. Minor Variance applications to the Committee of Adjustment under Section 45(2) of the Planning Act shall have regard for the manner in which uses have been categorized A, B and C when determining if a proposed use is more compatible than an existing use. Considerations for enlargements, extensions, or a change of use, conditions shall be imposed that will minimize the degradation of groundwater and/ or surface water quality. January 29,

38 Schedule 1 Committee of the Whole Item CCW Page 38 of 60 Section provides policy direction for the use and performance requirements for land-uses within the WHPAs. Consideration is given to permit land-uses that are categorized lower risk within a sensitive WHPA given performance requirements (i.e. hydrogeological reports) are met. Section addresses aggregates. While they are permitted within WHPAs, the proponent must demonstrate to the County s satisfaction that there are no adverse effects on the quantity and quality of surface water, groundwater and on municipal water supplies. Policies for monitoring wells and restricting land uses adjacent to WHPAs are included in the Official Plan. Site Plan Control is also included as a condition of the approval of any land use application within a WHPA County of Wellington The County of Wellington Official Plan was approved on May 6, 1999, and last revised on December 5, Section of the County of Wellington Official Plan contains policies that are intended to prohibit high risk activities from establishing within WHPAs. The policies also intend to ensure that permitted uses can be established within an acceptable level of risk to groundwater quality and quantity. To do this, the Plan establishes three protection areas (ranked 1 to 3, with 1 being the most vulnerable), and applies restrictions to uses based on the level of risk activity associated with each use, probable chemical usage and the ability to apply Best Management Practices (BMPs) to reduce risks. These categories are broadly shown in Table 8. Table 8: County of Wellington Land Use Risk Categories Category Uses Included A B C Outdoor bulk storage of road salt Bulk storage of chemicals or hazardous substances Bulk storage of tires Lagoons for sewage treatment Sanitary landfill sites Manufacturing of large volumes of chemicals, resins, paints, varnish, printing inks, adhesives, plastics and reinforced fibreglass plastic. Manufacturing and dyeing of textiles Manufacturing of agricultural, commercial and industrial machinery Asphalt batching Paving and roofing contractor yards Facilities that use chemicals, resin, paints, varnish, printing inks, adhesives, plastics and reinforced fibreglass plastic, snow dumping Automated manufacturing of soft drinks Distilleries, breweries January 29,

39 Schedule 1 Committee of the Whole Item CCW Page 39 of 60 Category Uses Included Automated production of baked goods, dairy, canned goods, frozen foods, processed food and meat Glass and glass products manufacturing Machinery equipment rental outlets These land use categories in Table 8 are based on the descriptions of risk as found in Table 9. Table 9: County of Wellington Land Use Risk Descriptions Land Use Risk Categories Description High (Category A) Medium (Category B) Moderate (Category C) Generates and handles large volumes of potentially hazardous liquid or soluble chemicals and/or; Generates and handles moderate volumes of potentially hazardous liquid or soluble chemicals and/or; Handles small volumes, if any, of potentially hazardous liquid or soluble chemicals and/or; Have effective engineering measures to manage chemical usage (or retroactively engineer systems) and/or; Can effectively implement hazard prevention measures and/or; Yes No No No Yes No No No Yes No Yes Yes No Yes Yes Can reasonably be relocated and/or; No Possible Yes Potential to increase vulnerability to the aquifer because of the removal by excavation and/or drilling surficial (soil) materials. No No Yes Official Plan policies related to preventing the contamination of WHPAs are tied back to the land use risk categories, shown in Table 10, which identifies the levels of land use category restriction for each WHPA. January 29,

40 Schedule 1 Committee of the Whole Item CCW Page 40 of 60 Table 10: County of Wellington Wellhead Protection Provisions Well Head Protection Areas (WHPA) Land Use Risk Category for Industrial and Commercial Uses Category A Uses Category B Uses Category C Uses WHPA 1 Prohibited Prohibited Prohibited WHPA 2 Prohibited Level I Assessment Level II Assessment WHPA 3 Prohibited Level II Assessment Level III Assessment The level of assessment prescribed for each category and WHPA relates to the level of study required as shown in Table 11. Table 11: County of Wellington Wellhead Protection Study Requirements Study Requirements Level of Assessment Level I Level II Level III A hydrogeological investigation complete with piezometer nests and a comprehensive evaluation of site hydrogeology Yes No No Confirm vulnerability of aquifer on-site from: Site specific drilling program to the municipal aquifer, and any increase to aquifer vulnerability resulting from excavation, foundations or any other development activities; Yes No No Site specific bore hole drilling to the shallow aquifer, develop site specific water levels and water quality data and complete a review of local conditions from public records including water well records; Yes Yes No Review of available well records and geotechnical reports from adjacent wells to assess the potential risk to the municipal aquifer; Yes Yes Yes Characterize subsurface hydrogeological conditions (rate and direction of groundwater flow, water quality and budget); Consists of an extension of geotechnical investigations normally required for building design; Yes No No No Yes No January 29,

41 Schedule 1 Committee of the Whole Item CCW Page 41 of 60 Study Requirements Disclosure report of risk activities including chemical uses, quantities, types, storage, handling, disposal, etc., and classification (Category B or C) of each activity; Complete an assessment of potential risks to local aquifers; Disclosure report of the management programs associated with the use of chemicals at the site, including risk management / reduction measures, management (emergency response plans), employee awareness training, best management practices (BMPs) and monitoring programs. Level of Assessment Level I Level II Level III Yes Yes Yes Yes Yes Yes Yes Yes Yes City of Kawartha Lakes The City of Kawartha Lakes 2012 Official Plan contains policies to address Wellhead Protection Areas. The Plan outlines four different Wellhead Protection Zones, each with varying degrees of permissions or controls on the land uses that are permitted. Table 12 summarizes the four zones and their related policies. Table 12: City of Kawartha Lakes Wellhead Protection Policy Summary Wellhead Protection Zone Zone Criteria Related Policies 1a Bacterial Contaminant Restriction Zone Extends from the immediate vicinity of the well to the 50-Day time of travel The construction of new sanitary sewer systems and installation of new septic systems is not permitted. 1 Hazardous and Toxic Contaminant Restriction Zone Extends from the well to the 2-Year time of travel Uses defined as threats as part of the Source Water Protection Plan are not permitted to establish in this zone Large residential developments (greater than 20 units) will be required as a condition of draft plan approval to install shallow monitors and to monitor groundwater quality for a period of no less than five years January 29,

42 Schedule 1 Committee of the Whole Item CCW Page 42 of 60 Wellhead Protection Zone Zone Criteria Related Policies 2 Contaminant Constraint Zone Extends from the 2 year to the 10 year time of travel Certain land uses can be permitted with Best Management Practices. As a condition of zoning approval, certain land uses could be required to monitor shallow groundwater quality on a regular basis. 3 Contaminant Control Zone Beyond the 10 Year Time of Travel Certain land uses will be permitted but will require Best Management Practices to be implemented for groundwater protection. The above policies found within the City of Kawartha Lakes Official Plan illustrate the hierarchy of policy provisions within WHPAs. In general, the further the property is located from a well, the less restrictive the policy becomes, and the more uses are permitted. Kawartha Lakes Official Plan policy also allows for the updating of Wellhead mapping without the need for an amendment to the Plan, if studies are undertaken to refine the Wellhead Protection Zones. The County of Simcoe will need to consider whether it is appropriate to require an OPA if changes are proposed to the limits of the WHPA mapping Region of Niagara While not yet adopted, ROPA 5 outlines the policy framework to prevent contaminates from entering IPZs in the Region. Since there are no municipal wells within the Region, the SPP policies focus solely on the protection of municipal surface water intakes that supply municipal drinking water. Three of the six water treatment plants in the Region were identified as having significant threats in the Source Protection Plan. Policy objectives are included in the amendment, the objectives include: Protecting existing and future municipal drinking water sources Ensure activities that are threats to water never become significant threats or existing activities cease to be significant threats Collaborate with other agencies in promoting the stewardship of drinking water supplies Implement education and outreach programs Distinctive threats to the WTP in the Region have been identified. Accordingly, policies have been developed to address the threats associated with each WTP. These policies are summarized in Tables 13 to 15. January 29,

43 Schedule 1 Committee of the Whole Item CCW Page 43 of 60 Table 13: Decew Falls Water Treatment Plant Policy Policy Number 7.F F F F F.1.5 The application of untreated septage to land is considered a significant drinking water threat in the DeCew Falls Intake Protection Zone 1. New waste disposal sites for the application of untreated septage to land shall not be permitted within the DeCew Falls Intake Protection Zone 1. The discharge of untreated stormwater management systems is considered a significant threat where the storm sewer drainage area is at least 100ha in size with the predominant land use being commercial or industrial. Future stormwater management facilities which meet these criteria are not permitted within the DeCew Falls Intake Protection Zone 1. The discharge from wastewater treatment plants or combined sewer overflows, or discharge of industrial effluent is considered a significant threat as defined under the applicable circumstances in table 22 and table 48 in Appendix C of the Assessment Report (2013). Future combined sewers, wastewater treatment facilities, and industrial effluent systems which meet these criteria are not permitted within the DeCew Falls Intake Protection Zone 1. The discharge of untreated stormwater management systems is considered a significant threat where the storm sewer drainage area is at least 100ha in size with the predominant land use being commercial or industrial. New industrial or commercial land uses will require Stormwater Quality Management Plans within the DeCew Falls Intake Protection Zone 1. The storage, and application to land of agricultural source material, and the lands used for livestock grazing/pasturing, farm animal yards and outdoor confinement areas, are significant threats in the DeCew Falls Intake Protection Zone 1. The future application of agricultural source material to land, the storage of agricultural source material, and livestock grazing/pasturing, farm animal yards and outdoor confinement areas may only be permitted subject to an approved Risk Management Plan within the DeCew Falls Intake Protection Zone 1. January 29,

44 Schedule 1 Committee of the Whole Item CCW Page 44 of 60 Table 14: Port Colborne Water Treatment Plant Policy Number 7.F F F F F F.2.6 Policy The application of untreated septage to land is considered a significant drinking water threat in the Port Colborne Intake Protection Zone 1 and Intake Protection Zone 2. New waste disposal sites for the application of untreated septage to land shall not be permitted within the Port Colborne Intake Protection Zone 1 and Intake Protection Zone 2. The commercial storage of pesticides in a quantity greater than 2,500 kg is considered a significant threat in the Port Colborne Intake Protection Zone 1. The future storage of pesticides in quantities greater than 2,500 kg may only be permitted subject to an approved Risk Management Plan within the Port Colborne Intake Protection Zone 1. The storage of road salt is considered a significant threat in the Port Colborne Intake Protection Zone 1, if stored outside with no cover, in amounts greater than 5,000 tonnes. New open storage of road salt greater than 5,000 tonnes is not permitted within the Port Colborne Intake Protection Zone 1. The storage of snow, and the contaminants associated with it, is considered a significant threat in the Port Colborne Intake Protection Zone 1 if stored in an area greater than 1 hectare. New storage of snow greater than 1 hectare in area is not permitted within the Port Colborne Intake Protection Zone 1. The discharge from untreated stormwater management systems is a significant threat where the storm sewer drainage area is at least 10ha in size with the predominant land use being commercial or industrial. Future stormwater management facilities which meet these criteria are not permitted within the Port Colborne Intake Protection Zone 1 and Intake Protection Zone 2. The discharge from wastewater treatment plants or combined sewer overflows, or discharge of industrial effluent is considered a significant threat as defined under the applicable circumstances in table 20, table 21, table 46, and in table 47 in Appendix C of the Assessment Report (2013). Future combined sewers, wastewater treatment facilities, and industrial effluent systems which meet these criteria are not permitted within the Port Colborne Intake Protection Zone 1 and Intake Protection Zone 2. January 29,

45 Schedule 1 Committee of the Whole Item CCW Page 45 of 60 Policy Number 7.F F.2.8 Policy An application for commercial or industrial development or the expansion, extension, or alteration of existing stormwater management facilities or the expansion of an existing commercial or industrial development, in instances where the Risk Management Official deems such an expansion may pose a significant threat to municipal drinking water, within the Port Colborne Intake Protection Zone 1 and Intake Protection Zone 2, shall be accompanied by a stormwater management plan that demonstrates and implements best management practices related to managing stormwater runoff to the satisfaction of the Region s Chief Planning Official and City of Port Colborne, in consultation with the Risk Management Official, such that the development does not pose a significant threat to municipal drinking water. The storage, and application to land of agricultural source material, and the lands used for livestock grazing/pasturing, farm animal yards and outdoor confinement areas, are significant threats in the Port Colborne Intake Protection Zone 1 and Intake Protection Zone 2. Future agricultural land uses are not permitted within the Port Colborne Intake Protection Zone 1 and Intake Protection Zone 2. Table 15: Niagara Falls Water Treatment Plant Policy Number 7.F F F.3.3 Policy The application of untreated septage to land is considered a significant drinking water threat in the Niagara Falls Intake Protection Zone 1. New waste disposal sites for the application of untreated septage to land shall not be permitted within the Niagara Falls Intake Protection Zone 1. The discharge of untreated stormwater management systems is considered a significant threat where the storm sewer drainage area is at least 100ha in size with the predominant land use being commercial or industrial. Future stormwater management facilities which meet these criteria are not permitted within the Niagara Falls Intake Protection Zone. 1. The discharge from wastewater treatment plants or combined sewer overflows, or discharge of industrial effluent is considered a significant threat as defined under the applicable circumstances in table 22 and table 48 in Appendix C of the Assessment Report. Future combined sewers, wastewater treatment facilities, and industrial effluent systems which meet these criteria are not permitted within the Niagara Falls Intake Protection Zone 1. January 29,

46 Schedule 1 Committee of the Whole Item CCW Page 46 of 60 Policy Number 7.F F.3.5 Policy The discharge of untreated stormwater management systems is considered a significant threat where the storm sewer drainage area is at least 100ha in size with the predominant land use being commercial or industrial. New industrial or commercial land uses will require Stormwater Quality Management Plans within the Niagara Falls Intake Protection Zone 1. The storage, handling, and application to land of agricultural source material, and the lands used for livestock grazing/pasturing, farm animal yards and outdoor confinement areas, are considered significant threats in the Niagara Falls Intake Protection Zone 1. Future agricultural land uses are not permitted within the Niagara Falls Intake Protection Zone 1. In addition to the specific policies for each WTP, monitoring policies have been developed to guide local municipalities to amend their Official Plans and Zoning By-laws to conform to the policies of the Regional Plan within three years of the Source Protection Plan being in effect. In addition, the Region has included policies that require monitoring and reporting on the measures that have been taken to implement significant threat policies. Reporting and monitoring could include: monitor the number of development applications in IPZs; address SPP during pre-consultation meetings when required; monitor the number of risk management plans reviewed; and steps taken improve education and research County of Lennox and Addington The first draft of the County s Official Plan was released in November This draft contains policies for Water Resources. Contained in the Plan are policies that apply restrictions to development and site alteration in Source Protection Area. The objectives outlined in Section D2: Water Resources are broad and relate to watershed management and linkages among groundwater features. Objectives specific to municipal drinking water include: e) Implementing necessary restrictions on development and site alteration to: Protect all municipal drinking water supplies and designated vulnerable areas; and Protect, improve or restore vulnerable surface and ground water, sensitive surface water features and sensitive ground water features, and their hydrologic functions. January 29,

47 Schedule 1 Committee of the Whole Item CCW Page 47 of 60 The Development and Site Alteration policies in Section D2.2 state: a) Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. b) Mitigative measures and/or alternative development approaches may be required in order to protect, improve or restore sensitive surface water features, sensitive ground water features, and their hydrologic functions. Section D2.3 outlines the policies specific to source protection plans, within the County there are three Source Protection Plans. The IPZs related to the County of Lennox and Addington are to be identified on local Official Plan schedules. The objective of these policies is ensure the long term protection of municipal drinking water sources from contamination and from land uses that could threaten or hinder existing and future municipal drinking water supplies. Section D2.3.3 provides policies for the protection of IPZs. The IPZs are to be protected and managed in a manner which ensures the sustained quality and quantity of the municipal drinking water source and shall be subject to the follow specific policies: a) Notwithstanding the land use activities permitted by the underlying land use designations, shown on the Schedules to this Plan, land use activities which have been identified by a Source Protection Plan as being prohibited within SPP Policy Applicable Areas shall not be permitted. b) Notwithstanding the uses permitted by the underlying land use designations shown on the Schedules to this Plan, uses/activities may only be permitted within the SPP Policy Applicable Area if the applicant demonstrates to the satisfaction of the lower tier municipality that the proposed use/activity is in conformity with the policies contained within the relevant Source Protection Plans. c) Legally existing uses that are located within a SPP Policy Applicable Area, but which are regulated by the provisions of a Source Protection Plan policy and/or are incompatible with the provisions of this section of the Official Plan may be permitted to expand subject to the policies of this Official Plan and the relevant Source Protection Plan. Such uses shall be required to undertake measures that would protect municipal drinking water sources in the SPP Policy Applicable Area. January 29,

48 Schedule 1 Committee of the Whole Item CCW Page 48 of Single-Tier and Lower-Tier Municipal Official Plan Policy City of Barrie The City of Barrie Official Plan was approved on April 23, 2010, and consolidated in March of The City of Barrie Official Plan currently contains policies related to the protection of Wellhead Protection Areas (WHPAs), and utilizes a Schedule overlay for the delineation of areas where drinking water sources are vulnerable. Relevant policies within Section (b) require that: 1. Development or site alteration that involves the storage or manufacturing of pathogens, chemicals or dense aqueous phase liquids are prohibited in vulnerable areas where they would be a significant threat; 2. The expansion, alteration or redevelopment of existing uses in an area where an activity is or would be a significant threat may be permitted if the Risk Management Official (RMO) is satisfied that the threat ceases to be significant; 3. A Threats and Issues Assessment (Water Quality) study is required when it is necessary to determine if a proposed development or use would be a significant threat within a vulnerable area 4. The Zoning By-law shall prohibit or restrict land uses that involve significant threat activities in vulnerable areas. Further to the above policies, the City s Official Plan also includes policies related to the application and development process within WHPAs. Key concepts include: Any development, site alteration, or Planning Act proposal within a vulnerable area must include a Source Water Information Form 1. A Threats and Issues Assessment Water Quality study is required when it is necessary to determine whether a proposal would be a significant drinking water threat 2. The City will seek opportunities through conditions of planning applications, development plans, community improvement plans, or other means to acquire lands, register easements or apply other methods to control activities within lands identified as WHPA-A. 3. All industrial, commercial, institutional, open space and high density residential areas within vulnerable areas are subject to Site Plan Control Town of Caledon The Town of Caledon Official Plan was consolidated on November 30, The Town of Caledon protects and manages Wellhead Protection Areas via Official Plan policies that restrict and prohibit uses based on the potential risk of contamination for each use. Demonstration that a proposal will not have a negative impact on the groundwater within a WHPA, and site-specific rezoning is required prior to permitting any of the following uses within such an area: January 29,

49 Schedule 1 Committee of the Whole Item CCW Page 49 of 60 Storage Tanks Sewage Disposal Systems Automobile Service Stations Vehicle Repair Shops Dry Cleaning or Laundry Plants Aggregate Extraction Food processing plants Cemeteries Car washes Golf Courses Horticultural/Commercial Nurseries Open Storage Areas Such uses, and any other proposed developments which may have an impact on groundwater resources (including new water taking uses) are required to complete hydrogeological investigations prior to approval City of North Bay The City of North Bay Official Plan was approved by MMAH in January of It is the intent that the Official Plan will be amended to reflect the land use policy for the Source Water Protection Plan for Trout Lake once completed. North Bay s drinking water supply comes from Trout Lake, due to the Lake s deep intake capability, the water intake has low vulnerability. Section of the North Bay Official Plan provides policies to protect the intake of water to the City s water treatment plant. Urban residential development with frontage on Trout Lake is only permitted within the Residential designation. Development of buildings or structures must be setback 30 metres from the shoreline of Trout Lake. Single detached dwellings, parks, open space, recreational facilities and their associated accessory uses are the only permitted uses. All lands abutting Trout Lake within the Residential designation are subject to Site Plan Control and are required to prepare a site plan, cross section, and a stormwater and landscaping plan. January 29,

50 Schedule 1 Committee of the Whole Item CCW Page 50 of Town of Innisfil The Town of Innisfil Official Plan was adopted on July 26, 2006, and approved by the OMB in May 2009, March 2010 and on April 8, The Town of Innisfil has implemented and adopted Source Protection policies within their Official Plan at the local level. The Official Plan Amendment is currently at the County of Simcoe for approval. Within the Town Of Innisfil s environmental management section of the Official Plan IPZ policies are included to protect the area around the Alcona Water Treatment Plant that may be susceptible to contamination around the surface water intake zone. Appendix 9 of the Official Plan illustrates the delineation between IPZ 1 and IPZ 2 as well as the location of the Surface Water Intake. The policies contained in Section prohibit the storage of the following materials within the IPZ: animal manure, petroleum fuels, petroleum solvents and chlorinated solvents, pesticides, herbicides and fungicides, construction equipment, inorganic fertilizers, road salt, and contaminants listed in Schedule 3 (Severely Toxic Contaminants) to Regulation 347 of the Revised Regulations of Ontario, Town of Midland The Town of Midland Official Plan was approved in 2002 and consolidated in The Town of Midland has implemented and adopted Source Protection policies within their Official Plan at the local level. The Official Plan Amendment is currently at the County of Simcoe for approval. Section 7.3 of the Town of Midland Official Plan contains polices related to Groundwater Resources. This section contains subjections regarding Groundwater Source Protection; WHPAs; Aquifer Recharge Areas. The policies indicate that uses and activities will conform to the Source Protection Plan and studies will be required to be undertaken prior to development occurring in WHPA s, Aquifer Recharge Areas or Groundwater Recharge Areas. The work undertaken as part of the Source Protection Plan, Risk Assessment Report and Tier Three Report generally reflect the studies required to be completed by the Official Plan. The Official Plans for the Town of Innisfil and Town of Midland were recently updated in 2014, and to date, have not yet been approved by the County of Simcoe. Section 6.0 of this Report summarizes existing policies within the County of Simcoe that were in place prior to January 29,

51 Schedule 1 Committee of the Whole Item CCW Page 51 of 60 Once the SPP is in effect, each municipality will have to bring their Official Plans and Zoning Bylaws into conformity with the policies included in the Plan. The Town of Innisfil and the Town of Midland are leaders in this regard, as they have both adopted Official Plan Amendments that are before the County of Simcoe for approval. The implementation of policies at the County level will direct local municipalities as to what policies and mapping should be included for their own updates. The objectives of the County policies are to provide direction on matters of County interest, and to inform and provide direction to all local municipalities within the County. January 29,

52 Schedule 1 Committee of the Whole Item CCW Page 52 of Existing Policies in Simcoe County This Section of the Report provides a summary of groundwater policies that are currently included in the Official Plans of Simcoe County and lower-tier municipalities in the County. Municipalities that have been listed in Section 5.0 have not been included in this Section. 6.1 County of Simcoe The County Official Plan was adopted by the County of Simcoe Council on November 25, 2008, and is under appeal at the Ontario Municipal Board (OMB). County Council endorsed an updated version on January 22, 2013, and was granted partial approval on April 19, Section 4.5 of the Official Plan titled Resource conservation refers to water as a crucial resource to almost every form of land use and economic sector. Water conservation or the wise management of water as a resource is essential. The following policies are currently included in the County of Simcoe Official Plan, which have not been approved by the OMB to date: Land use planning and development decisions within the County shall protect, improve or restore the quality and quantity of water and related resources and aquatic ecosystems on an integrated watershed management basis Surface water features, ground water features, hydrologic functions and natural heritage features and areas which are necessary for the ecological and hydrological integrity of the watersheds within the County shall be identified in local official plans and policies for their protection, improvement or restoration. Development and site alteration shall also be restricted in or near sensitive surface water features and sensitive ground water features and their related hydrologic functions will be protected, improved or restored. This will be demonstrated though a Risk Assessment Study for Ground and Surface Water where applicable as outlined in Appendix Proposals for major growth and major development shall be reviewed on a watershed management basis to ensure the watershed is maintained in an environmentally sustainable fashion Development in the County shall occur in a manner that will protect human life and property from water related hazards such as flooding and erosion. Flood plain management shall occur on a watershed management basis giving due consideration to the upstream, downstream, and cumulative effects of development. January 29,

53 Schedule 1 Committee of the Whole Item CCW Page 53 of The County will work with local municipalities, Conservation Authorities, Source Protection Authorities, Parks Canada- Trent-Severn Waterway, and other Provincial agencies in the development of watershed and subwatershed management plans. This may include the determination of cumulative flooding risks and impacts and the determination of a river system's capacity to assimilate effluent from point and non-point sources Aquifers, headwater areas, and recharge and discharge areas shall be identified and protected in the policies and maps of local municipal official plans and/or through the development and subdivision approval process. Development should be directed away from areas with a high water table and/or highly permeable soils. In settlement areas or other development centres where this is not possible, potential environmental impacts shall be mitigated using all reasonable methods Wellhead protection areas shall be identified and mapped in local municipal official plans and development and site alteration shall be restricted where necessary to protect all municipal drinking water supplies and designated vulnerable areas, and to protect, improve, or restore vulnerable surface and ground water, sensitive surface water features, and their hydrologic functions For those lands where York Region s wellhead protections areas extend into the County of Simcoe, the County recognizes that York Region comments must be obtained prior to approval being considered. Section 4.5 of the Official Plan contains general policies that promote a general protection and restoration of vulnerable areas including the quality and quantity of water and related resources. The policies direct local- Official Plans to establish their own policies to protect, improve and restore surface water features, groundwater features, hydrologic functions and natural heritage features. Local municipal Official Plans are also directed to identify aquifers, headwater areas, and recharge and discharge areas including mapping of these areas. It is anticipated that the SPP policies from this implementation project will be added to Section 4.5 of the Official Plan. 6.2 Town of Penetanguishene The Town s Official Plan was last revised on September 22, 2011 and contains policies relating to the enhancement and maintenance of surface and ground water quality and quantity for future and existing needs. In addition, Wellhead Protection Area policies are also in place to protect the municipal water capture area. New uses and activities within Wellhead Protection Areas that are likely to discharge contaminants into the groundwater resources are prohibited and listed in the Wellhead Protection Section of the Official Plan. Other industrial uses that may be permitted require a Report to outline the proposed use, avoidance of spills and mitigation measures. As a condition of a Site Plan Agreement, contamination protection measures, monitoring and other items related to groundwater protection may be required. January 29,

54 Schedule 1 Committee of the Whole Item CCW Page 54 of The Town of Wasaga Beach The Town of Wasaga Beach Official Plan was adopted September 9, 2003 and approved by the County of Simcoe on June 22, An office consolidation occurred in September 6, The Town of Wasaga Beach relies on aquifers as a source of drinking water and the Official Plan contains policies to protect the surface and ground water quality and quantity. The Official Plan policies encourage Council to consider updating the wellhead studies and groundwater modeling every 5 years. Where a development may pose a risk to groundwater site screening in sensitive areas is required to determine if a further Environmental Site Assessment is required. In addition, the policies recommend the development of a community awareness program and an area wide monitoring program of surface and ground water quality and quantity. To ensure the sustained integrity of municipal drinking water, Wellhead Protection Area policies exist to restrict incompatible uses. Identified prohibited land use categories based on the potential for groundwater impact are provided in conjunction with the Wellhead Protection Area Schedule. Policies exist to allow restricted uses to be permitted within a Wellhead Protection Area subject to meeting criteria set out by the Town. The decommissioning of unused private wells and upgrades to existing septic systems and wells are encouraged in order to protect groundwater resources. Policies also exist in relation to vulnerable aquifer areas to protect aquifers from uses resulting in significant amounts of water being withdrawn from an aquifer (i.e water extraction and bottling). In these instances a study is required to ensure the proposed uses will not impact the aquifer. 6.4 Township of Adjala-Tosorontio Included in the objectives of the Official Plan is the protection, maintenance and enhancement of water and related resources whereby the design of new lots shall have regard for the protection of groundwater resources. The Official Plan was adopted on November 2, 1998, approved by the County of Simcoe on October 28, 1999 and consolidated to November of The policies relating to groundwater availability and protection require all rural and hamlet development applications to complete Hydrogeology Reports to demonstrate that the water quality of neighbouring wells nor the potential water supply on un-developed designated land will not be affected by the proposal. Applications utilizing a private water supply must be accompanied by an Aquifer Evaluation Report to demonstrate that water can be obtained without compromising the municipal supply and will not lead to surface water contamination. January 29,

55 Schedule 1 Committee of the Whole Item CCW Page 55 of Township of Clearview The Township of Clearview Official Plan was adopted in September of 2001 and approved on January 29, The Township Official Plan contains environmental and hazard lands policies which include the goal of protecting and enhancing the surface and ground water quality and quantity as well as the protection, maintenance and enhancement of water and related resources. 6.6 Township of Essa The Township of Essa Official Plan came into effect on July 6, The Official Plan recognizes that groundwater is a valuable resource and that development should not adversely impact the Township s groundwater supplies. It is a goal of the Plan that natural groundwater quality and quantity should be maintained and that the impact of human or a land-based activity does lead to sub-standard drinking water quality and quantity. Proposed development is required to assess its impact on the hydrological and hydrogeological characteristics so that the maintenance of the quality and quantity of the groundwater resources and drainage patterns are maintained. 6.7 Township of Oro-Medonte The Township of Oro-Medonte was approved on January 24, The Township has adopted policies specific to groundwater protection to maintain and enhance surface and groundwater resources in sufficient quality and quantity. The policies also required the continual monitoring of the groundwater resources on the Oro Moraine and throughout of the Township. All of the drinking water systems in the Township rely on groundwater for their supply. Included in the policies for groundwater management is the provision to incorporate source protection objectives into the land use planning process as well as educating the public on the value of protecting the resource and their contributions to its protection. All major development applications shall be supported by studies that demonstrate that the ecological and hydrological integrity of the Oro Moraine will not be compromised upon approval. In addition, proposals that require hydrological studies must include a modeling component to characterize groundwater and surface water flow systems. January 29,

56 Schedule 1 Committee of the Whole Item CCW Page 56 of 60 In order to protect wellheads, any major development proposal near an existing municipal water supply source shall be supported by studies that demonstrate that the use will not have an adverse impact on the well. 6.8 Township of Ramara The Township of Ramara came into effect on July 31, Ramara Township sources municipal drinking water supplies from ground water. Should a proposed development have a potential impact on groundwater and surface water quantity and quality resources, the proponent shall prepare servicing feasibility and environmental assessment studies to determine appropriate alternative water supply. 6.9 Township of Severn The Township of Severn Official Plan was adopted on July 7, 2005, approved by the County of Simcoe on April 25, 2006 and approved by the OMB on June 11, The Natural Heritage section of the Township Official Plan contains policies that apply to surface water and groundwater. These policies require the minimizing of potential negative impacts to the water quality and hydrological and hydrogeological characteristics of sensitive surface water features and sensitive groundwater features. Policies include the improvement or restoration of surface and groundwater resources in sufficient quality and quantity to meet existing and future needs. The policies also encourage the protection, improvement or restoration to the quality and quantity of water by promoting the efficient and sustainable use of water resources and maintaining linkages and related functions among surface water features and ground water features. January 29,

57 Schedule 1 Committee of the Whole Item CCW Page 57 of Township of Springwater The Township of Springwater Official Plan was approved in February of 1998, approved by the OMB in October of 1998 and consolidated December of The ground and surface water resource policies are in place to protect and enhance the quality and quantity of ground water and surface water and to ensure the wise use and conservation of the ground and surface water resources. The Township considers groundwater to be a significant public resource and discourages the practice of groundwater mining for private commercial or industrial bottling purposes. In addition, the Official Plan encourages the study of the nature and extent of municipal aquifers through the compilation of existing information or the collection of new information. Any use which requires an approval under the Planning Act which could result in significant amounts of water being withdrawn from an aquifer within the Township requires an Official Plan Amendment. The Official Plan also provides policies relating to groundwater recharge/discharge areas in order to provide a high level of protection to the significant groundwater recharge/discharge areas Township of Tay The Township of Tay Official Plan was adopted on July 8, 1998, approved by MMAH on February 23, 1999 and consolidated December of The Township employs policies relating to new development and the potential impacts on the water supply whereby no development should be permitted that would likely contribute to additional effluent loading and groundwater contamination within the policy area. As a part of the application process where development is proposed on private services, the Township may request that a Hydrogeological Report be prepared to provide information on adequate water supplies and soil conditions for the proper siting of buildings and private sewage treatment systems be prepared. The Township may also request that the Report address any potential off-site impacts from the proposed development including ground water quality and quantity. January 29,

58 Schedule 1 Committee of the Whole Item CCW Page 58 of Township of Tiny The Tiny of Township Official Plan was adopted on September 11, 2000 and approved by the County of Simcoe on April 24, The majority of the Township s residents obtain drinking water from private wells while the remainder obtain water from municipally owned communal water systems. Within the Township, all major applications for development shall be supported by a Water Resource Management Report. The purpose of the Water Resource Management Report is to investigate the impacts of the proposed development on water quality and quantity and provide recommendations Town of Collingwood The Town of Collingwood updated their Official Plan in December of The Official Plan was approved in 1997 by the County of Simcoe and in 1998 by the Minister of Municipal Affairs and Housing. Wellhead Protection Areas are shown on Schedule A of the Official Plan, where associated policies are established to protect and manage these areas in a manner which ensures the sustained integrity of the groundwater resource. Policies included in the Official Plan consider the storage of possible contaminants, waste disposal facilities, and reference to including new Wellhead Protection Areas as established by the County of Simcoe or Ministry of Environment Town of New Tecumseth The Town of New Tecumseth Official Plan was approved by the County of Simcoe on March 10, Objectives of the Ground Water Management section of the Official Plan include managing water resources in a manner that ensures their continued availability while maximizing both environmental and economic benefits. Included in the objectives of the Official Plan is to support the preparation of watershed and sub-watershed plans to assist in the proper management of water as a key resource. Until such plans are prepared, all major development applications shall be supported by studies that demonstrate that the ecological and hydrological integrity of identified natural heritage on hydrologically sensitive features will not be compromised. Such studies would indicate that the quality of groundwater and surface water in the area would be maintained, and improved or restored where possible; and the quantity of water would not be affected for others availability which contribute to flows in rivers and streams Town of Bradford West Gwillimbury The Town of Bradford West Gwillimbury Official Plan was adopted on February 15, 2000 and an office consolidation was finalized on October 1, The Town s policies recognize the importance of maintaining and improving both the quality and quantity of groundwater and surface water. The function of sensitive ground water recharge/discharge areas, aquifers and head water areas will be protected or enhanced. The impacts of all major developments shall be January 29,

59 Schedule 1 Committee of the Whole Item CCW Page 59 of 60 considered in an Environmental Impact Study that addresses the impacts of that development on ground and surface water resources. The local municipalities listed in Section 6.0 of this Report are required to update their Official Plans and policies to include the SPP within five years of its approval. However, once the SPP takes effect, all municipal decisions must conform to the Plan. January 29,

60 Schedule 1 Committee of the Whole Item CCW Page 60 of Recommendations Source Protection safeguards public health by protecting drinking water supplies. Source Protection is a preventative approach and is a more cost effective means of protecting drinking water than water treatment alone. Once water sources are contaminated, treatment can become much more expensive, challenging or even impossible. The Clean Water Act requires municipalities to implement Source Protection Plans to protect existing and future drinking water supplies. The Walkerton Inquiry proved that measures were required to protect our drinking water in Ontario. This Background Report summarizes basics of Source Water Protection, the implementation requirements of the SPP and best management practices that are being employed around the Province.. The next step for the County of Simcoe in implementing the SPP is to draft policies that will be incorporated into the Official Plan. Based on the information contained in this Report, it is recommended that the implementing policies focus on the following areas: 1. Water quality and quantity 2. Provincial Policy Statement 3. Criteria for a change in land use at the County level (OPA) 4. Local municipal OPA s 5. Public Works 6. Education 7. Growth Management The County is not a water provider, and therefore the policies that are implemented will be of a higher order and direct local municipalities to implement their own policies that ensure protection of the source water that supplies their local populations. January 29,