Robert Armstrong, Director, Development and Environmental Services. Drinking Water Source Protection Events Based Area Amendment

Transcription

1 Date Monday, February 01, 2016 From Subject Report No. DES Robert Armstrong, Director, Development and Environmental Services Drinking Water Source Protection Events Based Area Amendment Roll No. Various Recommendation That Committee of the Whole recommend Council of the Municipality of Meaford: 1. Endorse the proposed Events-Based Area and related amendments to the Source Protection Plan in the Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Region; and, 2. Direct Staff to forward the above noted resolution to the regional Source Protection Committee in response to their request for comments. Background The following report is provided in relation to Notice of Proposed Amendments to the local Source Protection Plan (Appendix 1). As Council may recall, the Clean Water Act, 2006, came into effect in July 2007 and required Source Protection Plans to be developed for watersheds in Ontario. The Source Protection Plan for the Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Region was approved by Hon. Glen Murray, Minister of the Environment and Climate Change on October 16, Based on in-lake modelling of fuel spills completed by Baird & Associates in July 2014, the Source Protection Committee also prepared draft Events Based policies for areas near municipal water intakes where fuel handling and storage would constitute a significant drinking water threat. These draft Report DES Page 1 of 6

2 policies were circulated for Municipal Comment in early 2015 (Prior Staff Report See Appendix 2). In response to municipal comments on the initial draft EBA policies, the local Source Protection Committee deferred submission of the policies to the Ministry for approval and requested that a Technical Advisory (TAC) Committee be established to provide technical advice and guidance to the Source Protection Committee with respect to the events-based areas (EBAs) and the draft policies to apply to such areas. The Municipal Senior Planner participated as a Technical Advisory Committee member, given the delineation of an Events Based Area (EBA) along the Urban Area Waterfront, adjacent to the Municipality of Meaford s water intake. Additionally, a small area of EBA for a municipal intake of the adjacent Town of The Blue Mountains falls within the Municipality of Meaford, though no existing threats have been identified in this area. Over the course of 2015, the Technical Advisory Committee worked with Source Protection Staff to refine the draft EBA policies to reflect a more flexible and reasonable approach to address fuel facility threats. At their November 27 th, 2015 meeting, the Source Protection Committee reviewed the draft policies and a motion was passed to approve the policies and undertake public consultation activities. A Municipal resolution of support has been requested by the Source Protection Committee. Such resolution is required prior to submission of the proposed Events Based Area Amendment for consideration and approval by the Minister. Analysis Appendix 3 includes map 5.2.M.M.1 Meaford PUC Water Treatment Plant Events-Based Area Policy Components along with draft policies & which apply to the Municipality of Meaford. Map 5.2.M.M.1 illustrates the Meaford Events-Based Area. The area shown in Orange, Green and Teal is the area in which fuel storage of a certain volume would pose a significant drinking water treat, in the event of a spill. In the area closest to the Municipal intake (Orange) a small spill would result in a significant threat. In the area further away (Teal) a larger spill would be required to create a significant threat. Accordingly, the policies relating to new or expanding fuel storages have been linked the volume of fuel to be stored: Report DES Page 2 of 6

3 In the Orange area (EBA-2000), Policy applies. New fuel storages of greater than 2000L are prohibited in this area. The expansion or replacement of existing fuel storage is permitted (per Policy i.e. Risk Management Plan required) provided it can be demonstrated to the Risk Management Official s satisfaction that the expansion or replacement will provide greater integrity. All existing fuel storages greater than 2000L in this area will be required to complete a Risk Management Plan. Staff note that the Municipal Marina is located within the Orange area (EBA-2000). In order to maintain flexibility for the Municipality to assume responsibility for delivery of fuel services to the Marina at some future point in time, should Richardson s Boats no longer provide this service, a special policy has been included to allow for a replacement fuel storage at a location within the EBA-2000 to service the marina, subject to Policy (i.e. the completion of a Risk Management Plan). This proposed special policy addresses the comments provided via the prior Staff Report PB In the Green and Teal areas, new (as well as all existing) fuel storages of greater than 5000L and 12,000L respectively, would be subject to Policy and thus would be considered to be Regulated Uses that would be required to negotiate a Risk Management Plan. General Policies G03-G07 as well as G11 & 12 (Appendix 4) also apply to the Municipality of Meaford: G03 identifies Non-Residential Fuel Storage as restricted land use under the Clean Water Act per other policies of Source Protection Plan. G04 Requires Official Plan (OP)/Zoning By-law to be updated within 5 years of the effective date of the policies or at next housekeeping amendment, if sooner. Staff anticipate that our update will occur in conjunction with our next 5 year review or other major update the OP in the interim. G05 Recommendation for Ministry incentives for landowners (i.e. in preparation of Risk Management Plans). G06 Recommendation for Conservation Authority education programming. G07 Vulnerable Area Road Signage to be posted within 2 years of effective date. G11 Recommendation for Ministry Financial Support Fund to assist landowners with losses attributable to policies G12 Recommendation for Ministry Implementation Fund to Municipalities. Report DES Page 3 of 6

4 Financial Impact Implementation of the Event-Based Area policies will involve a number of financial considerations including: Training of Municipal Staff & Screening of new Development Amendment to local Planning Documents Hiring of a Risk Management Official/ Inspector (RMO/RMI) to carry out negotiation and ongoing monitoring of Risk Management Plans for Regulated Uses Installation of Signage delineating the Events-Based Area (as required via Policy G07 of the Source Protection Plan). These items will be brought forward annually for inclusion within the Municipal operating budget. Additionally, Staff note that an opportunity may arise (per policies G05 or G12) for Ministry funding to assist with general Municipal implementation costs and/or negotiation of a Risk Management Plan for the Municipal fuel storage located at the Fire Hall. Staff will monitor for such funding opportunities and pursue them as they may become available. Implications The proposed Events-Based Area and policies are intended to minimize & mitigate land use/activities which could result in the creation of a significant threat to the Municipal Water Intake from Georgian Bay. The polices proposed will prohibit new fuel storages within the most sensitive areas adjacent to the intake, and will require the preparation of a detailed Risk Management Plan for all existing and proposed future storages within the EBA. One Municipal fuel storage and five private commercial storages are located within the EBA and will require the completion of Risk Management Plans and potentially the implementation of new technologies or practices to minimize any existing risks. This as noted above will have financial implications for these landowners. As such, Staff support the Recommendation per General Policy G05 for the provision of Ministry funding to landowners to support the preparation and implementation of the required Plans. Given the special policy included within Policy 15-05, Staff are satisfied that flexibility is maintained for ongoing provision of fuel service to the Municipal Marina. Report DES Page 4 of 6

5 As noted in the Financial Impact section of this report, a number of tasks such as staff training and the hiring of an RMO/RMI will be required to implement the proposed Events Based Area policies. Additional decision points and/or implementing approvals (e.g. Official Plan Amendment) will be brought forward to Council in a timely manner and in accordance with the timelines set out within the Source Protection Plan. Strategic Priorities This report supports the mission, vision and values of the Municipality of Meaford, as well as the goals and objectives set out in Council s Strategic Priorities , particularly with respect to: Focus Area: Objective: Focus Area: Objective: Ensuring Sustainability Environmental: Protect Natural Heritage/Natural Environment Leading in Municipal Government Strengthen Accountability and Compliance A. Evaluate all applicable legislation to ensure compliance. Consultation and Communications Staff have been extensively consulted by the Source Protection Committee & Project Staff through municipal participation on the Technical Advisory Committee. A series of public notices/open houses as well as direct mailing to affected landowners has been completed to give notification of the proposed policies. Conclusion It is the opinion of Staff that the revisions made to the draft EBA policies continue to respect the underlying science / modelling and the need to prohibit or mitigate significant threats to drinking water, while providing flexibility to the Municipality in servicing the Municipal Marina, and respecting the investment of landowners with existing fuel storages by permitting their ongoing use (and potentially expansion) subject to an approved Risk Management Plan. Staff support the revised Events-Based Area mapping and policies applicable within the Municipality of Meaford and recommend that a resolution of support be forwarded to the Source Protection Committee, as requested. Report DES Page 5 of 6

6 Staff further support the provision of Ministry funding for both Municipal implementation and landowner costs and will pursue such funding opportunities as they may arise. Supporting Documentation Appendix 1 Notice of Proposed Amendment & Request for Resolution of Support, dated January 13 th, Appendix 2 Staff Report PB Appendix 3 Map 5.2.M.M.1 (Map) & Proposed Policies & 05 Appendix 4 Applicable General Policies Respectfully Submitted: Robert Armstrong Director, Development and Environmental Services Prepared by: Liz Buckton, RPP, Senior Planner Reviewed by: Denyse Morrissey, CAO Report DES Page 6 of 6

7 1 January 13, 2016 RE: Drinking Water Source Protection Plan Amendments Public Consultation January 12/16 to February 29/16 Need for Municipal Council Resolution On behalf of the Source Protection Committee of the Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Region, we are pleased to advise that proposed amendments to the approved Source Protection Plan will be available for your review on our website at on Friday, January 15, Please advise if you wish to receive these documents on a USB flashdrive. Please be aware that under section 34(3) of the Clean Water Act, 2006, a municipal council resolution is required from affected municipalities endorsing the proposed amendments to the Source Protection Plan in the Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Region. It is important to note that these policies were developed to address significant drinking water threats. If not addressed through this amendment to the Source Protection Plan, then existing municipal responsibilities under the Safe Drinking Water Act still apply. The proposed amendments are currently being posted for public consultation. This information and Notice is being made available to you as required under section 48(2)(a) of O.Reg. 287/07 under the Clean Water Act, 2006 and a copy of the published Notice is enclosed. The proposed amendments to the approved Source Protection Plan include new events-based area policies and maps for fuel threats to Great Lakes intakes, new policies to address water budget technical work and water quantity threats for the Municipality of Brockton. New events-based area policies are directed towards protecting Great Lakes intakes in Kincardine, Lion s Head, Meaford, Owen Sound, Southampton, Thornbury and Wiarton based on modelling results from fuel spills that have the potential to impact drinking water sources. Property owners that may be impacted by these draft policies will receive an information package including: map, draft policies, Intake Protection Zone 3/Events-based Area Information Sheet and a fuel factsheet. The attached media release and public notice is also being distributed to media outlets/providers. A Technical Advisory Working Group with representation from all the municipalities with Great Lakes intakes in this Source Protection Region was assembled to look at these events-based areas. Together with Drinking Water Source Protection staff and Source Protection Committee members, the Working Group reviewed the technical work and drafted the policies. These policies are meant to manage the activities so that they cease to be significant drinking water threats to municipal drinking water sources.

8 2 Additional updates of note for the Source Protection Region include: Tier 3 Water Budget technical work that has resulted in water quantity threat policies for the Municipality of Brockton. These policies will be reviewed with the Municipality of Brockton and all affected property owners. Other minor grammatical and wording changes were also made along with minor changes to some threat policies to help clarify implementation requirements for implementing bodies. Of note the snow threat policies: 14-01, have been updated to more clearly identify storage area and whether the snow storage is for a surface water or groundwater system based on the Tables of Circumstances to save the reader the step of finding and referencing the Tables for these policies. There will be two public consultation open houses on Wednesday, February 3 rd at Grey Sauble Conservation Authority, Inglis Falls Road, RR4, Owen Sound ON from 4:00 p.m. until 7:00 p.m. and Tuesday, February 9 th at the Rotary Hall of The Plex, 600 Tomlinson Drive, Port Elgin ON from 4:00 p.m. until 7:00 p.m. All comments received during the public consultation period will be reviewed by the local Source Protection Committee. The Committee will decide on any changes to the documents before submitting amended versions of the Source Protection Plan to the three Source Protection Authorities for endorsement, and subsequently to the Province for review. We invite you to review the amendments and provide your comments to Drinking Water Source Protection by 4:30 pm on Monday, February 29, All comments can be directed to the following address: Drinking Water Source Protection Inglis Falls Road, RR4 Owen Sound ON N4K 5N6 Fax: mail@waterprotection.ca Drinking Water Source Protection staff is available to answer any questions you may have. Please do not hesitate to contact staff at Ext. 102 or toll-free at Respectfully, Mike Traynor, Chair, Source Protection Committee Saugeen, Grey Sauble, Northern Bruce Peninsula

9 CONSERVATION Municipality of Northern Bruce Peninsula PUBLIC NOTICE CONSULTATION on Source Protection Plan Amendments including Events-based Area Policies Pursuant to the Clean Water Act, 2006 s.34(3) and Reg. 287 s.48(2)(a) January 12 February 29, 2016 As part of the Drinking Water Source Protection program, amendments have been prepared to the Approved Source Protection Plan. The public is hereby notified of the opportunity to make comments on these proposed amendments to the Source Protection Plan, which is being released for consultation. The draft amendments to the approved Source Protection Plan include new events-based area (EBA) policies and maps for fuel threats to Great Lakes intakes, new policies to address water budget technical work and water quantity threats for the Municipality of Brockton. The new draft events-based area policies are directed towards protecting Great Lakes intakes in Kincardine, Lion s Head, Meaford, Owen Sound, Southampton, Thornbury and Wiarton based on modelling results from fuel spills that have the potential to impact drinking water sources. Other minor grammatical and wording changes were also made along with minor changes to some threat policies to help clarify implementation requirements for implementing bodies. Of note the snow threat policies: 14-01, have been updated. Chapter 5 of the Source Protection Plan contains maps and where policies apply information, Chapter 6 contains all the threat policies. Property owners that may be impacted by these draft policies have been sent an information package. Printed copies of the Amended Source Protection Plan including events-based area policies will be available for viewing at the following locations: Saugeen Conservation 1078 Bruce Road 12, Formosa, ON Grey Sauble Conservation Inglis Falls Road, Owen Sound, ON Municipality of Northern Bruce Peninsula 56 Lindsay Road 5, Lion s Head, ON The documents are also available for viewing at: Wed., Feb. 3, 2016 Thurs., Feb. 9, 2016 PUBLIC MEETINGS Grey Sauble Conservation Authority, Inglis Falls Road, Owen Sound, ON Rotary Hall - The Plex, 600 Tomlinson Drive, Port Elgin, ON How to Comment Comments must be submitted in writing and received by: February 29, 2016 at 4:30 pm to: mail@waterprotection.ca Fax: (519) Mail or Delivery: Drinking Water Source Protection Inglis Falls Road, RR#4 Owen Sound, ON N4K 5N6 Phone: (519) Toll free:

10 Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Region January 13, 2016 FOR IMMEDIATE RELEASE Drinking Water Source Protection Plan Amendment Public Consultation (January 12 February 29, 2016) Owen Sound, ON Proposed amendments to the approved Source Protection Plan in the Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Region are now available for review and comment. The draft amendments to the approved Source Protection Plan include new events-based area policies and maps for fuel threats to Great Lakes intakes located in Kincardine, Lion s Head, Meaford, Owen Sound, Southampton, Thornbury and Wiarton. It also includes new policies to address water budget technical work and water quantity threats for the Municipality of Brockton. A Technical Advisory Working Group with representation from all the municipalities with Great Lakes intakes in this Source Protection Region was assembled to look at these events-based areas. Together with Drinking Water Source Protection staff, the Working Group reviewed the technical work and drafted the policies. These draft policies manage the activities such that they cease to be significant drinking water threats to municipal drinking water sources. Copies of the draft policies and related documents have been distributed to landowners in the area. There will be two public meetings that provide the opportunity to view documents and maps, ask questions, and provide feedback. Each meeting will run from 4:00 pm to 7:00 pm. The dates and locations are as follows: Wed., Feb. 3, 2016 Grey Sauble Conservation office Inglis Falls Road, Owen Sound Tues., Feb. 9, 2016 Rotary Hall - The Plex, 600 Tomlinson Drive, Port Elgin SNOW DATE: SHOULD EITHER OF ABOVE DATES BE CANCELLED DUE TO WEATHER Thurs., Feb. 18, 2016 Grey Sauble Conservation office Inglis Falls Road, Owen Sound Comments on the proposed amendments to the Source Protection Plan can be submitted in writing, by February 29, 2016 at 4:30 p.m., to: Drinking Water Source Protection Source Protection Plan Comments Inglis Falls Road, RR#4 Owen Sound, ON N4K 5N6 mail@waterprotection.ca Drinking Water Source Protection is a program governed by legislation and regulations of the Clean Water Act, The Source Protection Plan is a science based document that is locally driven and written for this Source Protection Region. The Source Protection Plan was approved by the Minister of the Environment and Climate Change on October 16, FOR MORE INFORMATION CONTACT: Carl Seider, Project Manager, c.seider@waterprotection.ca or x102 Emily Vandermeulen, Program Supervisor, e.vandermeulen@waterprotection.ca or x105 Karen Gillan, Communications Specialist, k.gillan@waterprotection.ca or x108

11 Date Monday, March 02, 2015 From Subject Report No. PB Robert Armstrong, Director, Planning and Building Services Drinking Water Source Protection Plan Consultation Roll No. n/a Recommendation That Council of the Municipality of Meaford direct Staff to forward a written response to the Drinking Water Source Protection Committee regarding the draft Source Protection Plan expressing concerns with regard to the potential restriction on new fuel storage facilities exceeding 2000 litres and significant economic impact should a fuel facility not be available at our Municipal Harbour. Financial Impact The financial viability of the Municipal Marina may be at risk should the future establishment of fuel services by the Municipality of Meaford be prohibited as recommended by the Events-Based policies of the draft Source Protection Plan. Background Public Notice (Appendix 1) was received from the regional Drinking Water Source Protection Committee advertising the publication of Revised Assessment Reports and an Updated Draft Source Protection Plan for the region, which includes the Municipality of Meaford. The Committee is accepting written comments regarding the draft report/plan until March 6 th, Staff have reviewed the Draft Source Protection Plan and have identified that a new Events-Based Area and associated policies regarding the Handling and Storage of Fuel are proposed for the Intake Protection Zone (IPZ-2) surrounding the Municipality of Meaford s Water Treatment Plan Intake. Map 5.2.M.M.1 and related policies 15-04, and (Appendix 2) are proposed and would have the effect of: Report PB Page 1 of 4

12 1) Prohibiting the establishment of new fuel storage operations having capacity of more than 2000L within the Events Based Area A (EBA-A) 2) Requiring Risk Management Plans to be negotiated for existing fuel storage operations in EBA-A and for existing or future storages exceeding 5000L or 12000L in EBA-B and C, respectively. The Municipal Marina and adjacent harbor-related uses fall within the EBA-A and thus new fuel storage operations (>2000L) would be prohibited. Source Water Protection staff have noted that the reason for these constraints is that Benzene concentration modelling indicates the potential impact at the water intake with spills of quantities exceeding 2000L in the EBA. Currently, fuel for boats at Meaford Harbour is provided by a private operator (Richardson Boats). This consists of an in ground storage facility on the west site of the old harbour / mouth of the Big Head river. The current operator has indicated that they will continue to provide this service as long as they have a license to do so from the Province. Because the provision of fuel is integral to the operation of the Harbour and there is a risk that a license may not be extended, the Municipality has proposed a contingency plan to establish a new above ground gas dispensing facility for boats in the new harbour. It is our understanding that should the proposed changes to the plan occur, the Municipality would be prevented from establishing a replacement facility in the new harbour. Staff are not in a position to dispute the science, although we do question whether a new replacement fuel storage in the new harbour, which does not have significant water flow out to the open water, has been modelled. It would appear to us that a replacement fuel facility in this location could be better than the current situation and possibly facilitated. Staff acknowledge that the Municipality does support the protection of our water resources through various initiatives (Water and Food First and potentially Bluedot) however do believe an exception to the plan should be provided in this case due to the significant financial impact that will occur if a replacement facility is not permitted. Planning Staff are attending a workshop on February 24 th, which is after the writing of this report. We will report any further information we obtain after that workshop. Report PB Page 2 of 4

13 Meaford Strategic Plan This report supports the objectives of the Municipality of Meaford Vision 2020, particularly with respect to: Goal: Healthy Economy Objective: Implement strategies from MEDS Promote municipal & community environmental sustainability Goal: Healthy Community Objective: Assure community safety, health & wellness Provide effective leadership & governance Consultation Drinking Water Source Protection Staff Senior Management Team Communications Plan This report and comments/requests, as directed by Council, are to be forwarded to the Drinking Water Source Protection Committee in response to their consultation notice and request for comments. Conclusion Planning Staff are of the opinion that we should advise the Source Water Protection Committee of our concerns and request that they revisit the science for a facility in the new harbour and further that we request an exception for a replacement facility for Municipal purposes in the new harbour. This is on the basis that a replacement facility will be considered an improvement from the current arrangement. Appendices Appendix 1 Public Notice of Consultation for Updated Proposed Source Protection Plan & Revised Assessment Report Appendix 2 (Annotated) Draft Map 5.2.M.M.1 of Draft Source Protection Plan & Related Draft Policy Text 15-04, 15-05, Report PB Page 3 of 4

14 Respectfully Submitted: Original Signed By Robert Armstrong Director, Planning and Building Services Original Signed By Prepared by: Liz Buckton, BSc (Hons), MCIP, RPP Senior Planner Original Signed By Reviewed by: Denyse Morrissey, CAO Report PB Page 4 of 4

15 DES Appendix 3

16 Draft for Consultation POLICY TEXT ID POLICY TEXT Monitoring policies MP-24 and MP-25 apply Risk Management Plan for Certain Fuel Facilities The policy applies in: 1. all Wellhead Protection Areas where the handling and storage of fuel is a significant drinking water threat (existing activity); and 2. all Intake Protection Zones with a vulnerability score of 10 where the handling and storage of fuel is a significant drinking water threat (existing activity). Furthermore, the policy applies under the following circumstances: A. the quantity of fuel is more than 2,500 L; or B. the quantity of fuel is more than 250 L but not more than 2,500 L and where the facility is a bulk plant or a facility that manufacturers or refines fuel Establishment of a Risk Management Plan is required. The handling and storage of fuel may only occur in accordance with an approved Risk Management Plan. Therefore, the handling and storage of fuel is designated for the purposes of s.58 of the Clean Water Act. As a minimum, the Risk Management Plan shall address: 1) product handling; 2) product storage; 3) record keeping and documentation, including any inspection reports; 4) disposal methods; 5) spills response plan; and 6) containment measures. The Risk Management Official shall document the capacity of the fuel storage as of the threats verification date and shall not allow for the expansion of the storage facility beyond the documented capacity. All locations for Risk Management Plans for existing activities shall be inventoried within three years and plans established within five years of the effective date of the Source Protection Plan. Monitoring policies MP-24 and MP-25 apply Prohibition of Fuel near Great Lakes Intakes The policy applies where storage of fuel would be a significant drinking water threat (future activity) within the following areas: 1. for Events-based Area for the Kincardine Drinking Water System (as shown on Map 5.1.K.K.1) where fuel is stored in a quantity of 3,000 L or more (EBA-3000); Approved Source Protection Plan Effective July 1,

17 Draft for Consultation POLICY TEXT ID POLICY TEXT 2. for Event-based Area for the Meaford Drinking Water System (as shown on Map 5.2.M.M.1) where fuel is stored in a quantity of 2,000 L or more (EBA- 2000) The establishment of new fuel storage shall be prohibited. The expansion or replacement of existing fuel storage is permitted, and shall be governed by Policy 15-05, if it can be demonstrated to the Risk Management Official s satisfaction that the expansion or replacement will provide greater integrity. The establishment of any new fuel storage at a new location in the Meaford EBA- 2000, which is being constructed to replace any existing storage to service the marina in Meaford is not prohibited and is therefore designated for the purposes of s.58 of the Clean Water Act and governed by Policy Therefore, the storage of fuel is designated for the purposes of s.57 of the Clean Water Act. Monitoring policy MP-23 applies Risk Management Plan for Fuel near Great Lakes Intakes The policy applies where the storage of fuel is a significant drinking water threat (existing activity) within the following areas: 1. for Events-based Area for the Kincardine Drinking Water System (as shown on Map 5.1.K.K.1) where fuel is stored in a quantity of 3,000 L or more (EBA-3000); 2. for Events-based Area for the Meaford Drinking Water System (as shown on Map 5.2.M.M.1) where fuel is stored in a quantity of 2,000 L or more (EBA-2000) The policy applies where the storage of fuel is a significant drinking water threat (existing and future activity) within the following areas: 1. for Events-based Area for the Kincardine Drinking Water System (as shown on Map 5.1.K.K.1) where fuel is stored in a quantity of 5,000 L or more (EBA-5000), and 10,000 L or more (EBA-10000); 2. for Events-based Area for the Meaford Drinking Water System (as shown on Map 5.2.M.M.1) where fuel is stored in a quantity of 5,000 L or more (EBA-5000), and 12,000 L or more (EBA-12000); 3. for Events-based Area for the Wiarton Drinking Water System (as shown on Map 5.2.SBP.W.1) where fuel is stored in a quantity of 5,000 L or more (EBA-5000), and 8,000 L or more (EBA-8000); 4. for Events-based Area for the Lion s Head Drinking Water System (as shown on Map 5.3.NBP.LH.1) where fuel is stored in a quantity of 5,000 L Approved Source Protection Plan Effective July 1,

18 Draft for Consultation POLICY TEXT ID POLICY TEXT or more (EBA-5000), 7,500 L or more (EBA-7500), and 22,500 L or more (EBA-22500); 5. for Events-based Area for the Owen Sound Drinking Water System (as shown on Map 5.2.OS.RN.1) where fuel is stored in a quantity of 15,000 L or more (EBA-15000), 25,000 L or more (EBA-25000), and 50,000 L or more (EBA-50000); 6. for Events-based Area for the Southampton Drinking Water System (as shown on Map 5.1.SS.S.1) where fuel is stored in a quantity of 13,000 L or more (EBA-13000), and 22,500 L or more (EBA-22500); 7. for Events-based Area for the Thornbury Drinking Water System (as shown on Map 5.2.BM.T.1) where fuel is stored in a quantity of 50,000 L or more (EBA-50000), and 100,000 L or more (EBA ) The capacity of existing fuel storage shall be determined and recorded within three years of the effective date of the Source Protection Plan. The expansion or replacement of existing fuel storage is permitted, if it can be demonstrated to the Risk Management Official s satisfaction that the expansion or replacement will provide greater integrity. Establishment of a Risk Management Plan is required. The storage of fuel may only occur in accordance with an approved Risk Management Plan. Therefore, the storage of fuel is designated for the purposes of s.58 of the Clean Water Act. As a minimum, the Risk Management Plan shall address: 1) product handling; 2) product storage; 3) record keeping and documentation, including any inspection reports; 4) disposal methods; 5) spills response plan; and 6) containment measures. All locations for Risk Management Plans for existing activities shall be inventoried within three years and plans established within five years of the effective date of the Source Protection Plan. Monitoring policies MP-24 and MP-25 apply. Approved Source Protection Plan Effective July 1,

19 Draft for Consultation POLICY TEXT ID POLICY TEXT G-02 Restricted Land Use Residential The policy applies to the following activities in all vulnerable areas where the activity is or would be a significant drinking water threat (existing activity or future activity): 1. The handling and storage of fuel; 2. The handling and storage of a dense non-aqueous phase liquid (DNAPL); 3. The handling and storage of an organic solvent 4. 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; 5. An activity that reduces the recharge of an aquifer. All residential land use designations and zones described in a municipal official plan and zoning by-law, as amended from time to time, are designated as restricted land uses for the purpose of s. 59 of the Clean Water Act. For clarity, the activities identified above are those which are the subject of other source protection plan policies that utilize prohibition under s. 57 of the Clean Water Act or utilize Risk Management Plans under s. 58 of the Clean Water Act. The policy takes effect on the effective date of the Source Protection Plan. G-03 Restricted Land Use Non-Residential for Fuel Near Intakes The policy applies to the following activities in all Events-based Areas where the activity is or would be a significant drinking water threat (existing activity or future activity): 1. The handling and storage of fuel. All non-residential land use designations and zones described in a municipal official plan and zoning by-law, as amended from time to time, are designated as restricted land uses for the purpose of s. 59 of the Clean Water Act. For clarity, the activities identified above are those which are the subject of other source protection plan policies that utilize prohibition under s. 57 of the Clean Water Act or utilize Risk Management Plans under s. 58 of the Clean Water Act. The policy takes effect on the effective date of the Source Protection Plan. G-04 Amend Official Plan and Zoning By-law The municipality shall amend its official plan and zoning by-law to include: 1. mapping that identifies vulnerable areas where activities would be significant threats (future activities); and 2. text that identifies that policies within the Source Protection Plan may apply to activities in these mapped areas. Approved Source Protection Plan Effective July 1,

20 Draft for Consultation POLICY TEXT ID POLICY TEXT This policy applies to all land use designations and zones described in the municipality s official plan and zoning by-law, as amended from time to time. The Municipality shall: A. Adopt the official plan, or official plan amendment as the case may be, and: i. submit the plan to the appropriate approval authority; or ii. give a notice of adoption; and B. Adopt the zoning by-law, or zoning by-law amendment as the case may be, and give a notice of adoption. For Section 40(2) of the Clean Water Act, the official plan and zoning by-law must be amended within five years of the effective date of the Source Protection Plan or at the time of the next official plan and zoning by-law conformity exercise as per Section 26 of the Planning Act. Monitoring policy MP-21 applies. G-05 Incentive Program The policy applies to the following activities in all vulnerable areas where the activity is a significant drinking water threat (existing activity): 1. The establishment, operation or maintenance of a system that collects, stores, transmits, treats or disposes of sewage; 2. The application of agricultural source material to land; 3. The storage of agricultural source material; 4. The application of commercial fertilizer to land; 5. The handling and storage of commercial fertilizer; 6. The application of pesticide to land ; 7. The handling and storage of pesticide; 8. The handling and storage of fuel; 9. The handling and storage of an organic solvent; 10. 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; 11. An activity that reduces the recharge of an aquifer; 12. The use of land as livestock grazing or pasturing land, an outdoor confinement area or a farm-animal yard. The Ministry of the Environment and Climate Change and/or the Ministry of Agriculture, Food and Rural Affairs should make available an incentive program. The program should require an application that is subject to a technical review and approval process. Eligible projects in the grant program generally may include, but not necessarily be limited to: - consulting fees; - plan preparation costs related to risk management plans, nutrient management plans or nutrient management strategies; Approved Source Protection Plan Effective July 1,

21 Draft for Consultation POLICY TEXT ID POLICY TEXT - training courses related to the preparation of plans where the applicant intends to prepare the plan themselves; - implementation of best management practices Other eligible projects in the grant program may include, but not necessarily be limited to: A. For the establishment, operation or maintenance of a system that collects, stores, transmits, treats or disposes of sewage: - connection to the municipal sewer line and decommissioning of an on-site sewage system; - connection to a communal system and decommissioning of an on-site sewage system; - installation of an advanced on-site sewage treatment system; - repairs and upgrades Note: Any unused components of the previous on-site sewage system should be properly decommissioned. Systems that are subject to an order by a principal authority should not be eligible. B. For the application of agricultural source material, pesticide or commercial fertilizer: - spreading equipment improvements; - calibration equipment; - GPS technology C. For the storage of pesticide or commercial fertilizer: - storage improvements; - handling equipment improvements D. For the storage of agricultural source material: - runoff management; - relocation of manure storage facilities; - improvements to manure storage facilities E. For the storage of fuel: - storage and handling equipment improvements; - secondary containment measures; - strike prevention barriers; - spill prevention measures; - spills plans; - exclusion of remediation costs F. For the use of land as livestock grazing or pasturing land, an outdoor confinement area or a farm-animal yard: - fencing or other measures to restrict access to watercourses; - alternative watering systems; - runoff management; - relocation of outdoor confinement areas or farm-animal yards; Approved Source Protection Plan Effective July 1,

22 Draft for Consultation POLICY TEXT ID POLICY TEXT - improvements to outdoor confinement areas or farm-animal yards The following costs related to projects may also be considered as eligible expenses: - permit and approval fees; - applicable taxes The program should be established within three years of the effective date of the Source Protection Plan. Monitoring policy MP-06 applies. G-06 Education Program The policy applies to the following activities in all vulnerable areas where the activity is or would be a significant drinking water threat (existing activity or future activity): 1. The establishment, operation or maintenance of a waste disposal site within the meaning of Part V of the Environmental Protection Act; 2. The establishment, operation or maintenance of a system that collects, stores, transmits, treats or disposes of sewage; 3. The application of agricultural source material to land; 4. The storage of agricultural source material; 5. The application of non-agricultural source material to land; 6. The handling and storage of non-agricultural source material; 7. The application of commercial fertilizer to land; 8. The handling and storage of commercial fertilizer; 9. The application of pesticide to land; 10. The handling and storage of pesticide; 11. The application of road salt; 12. The handling and storage of road salt; 13. The storage of snow; 14. The handling and storage of fuel; 15. The handling and storage of a dense non-aqueous phase liquid (DNAPL); 16. The handling and storage of an organic solvent; 17. The management of runoff that contains chemicals used in the de-icing of aircraft; 18. 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; 19. An activity that reduces the recharge of an aquifer; 20. The use of land as livestock grazing or pasturing land, an outdoor confinement area or a farm-animal yard. Conservation Authorities shall provide an education program that offers information and materials to landowners. Furthermore, Conservation Authorities are encouraged to work in partnership with other agencies to implement this policy. Topics of a general nature in the program may include, but are not limited to: - Prohibition of certain activities; - Requirements for a Risk Management Plan for certain activities; Approved Source Protection Plan Effective July 1,

23 Draft for Consultation POLICY TEXT ID POLICY TEXT - Constraints on prescribed instruments (provincial approvals) for certain activities; - Local zoning by-law provisions and municipal by-laws; - Proper disposal methods; - Occurrence of hazardous waste disposal opportunities; - Funding opportunities; - Advice and assistance available from provincial Ministries, non-governmental organizations and other agencies; - Various types of facilities or equipment for application, handling or storage activities; - Best management practices for application, handling or storage activities. Other topics in the program related to particular activities may include, but are not necessarily limited to: A. For waste disposal sites: - risks associated with use and disposal of hazardous products; - alternative or environmentally-friendly products; - a take back concept whereby retailers and manufacturers would offer to collect materials that they have sold or manufactured. B. For on-site sewage systems and sewers: - risks associated with disposal of hazardous products into sewers; - the location of storm sewers and the negative impacts of disposing of materials down the sewer; - alternative or environmentally-friendly products. C. For the application of agricultural source material to land or the storage of agricultural source material: - the emerging science of vaccinations for ruminants against the shedding of Escherichia coli O157:H7 as a further best management practice. D. For the application of pesticides: - the requirement for permits and licenses. E. For the storage of fuel: - risks associated with use of these products; - fostering of fuel companies efforts to promote best management practices within the industry; - education of associated industries, such as the insurance sector, to promote best management practices within the industry and reflect these in their premiums. F. For the handling and storage of a dense non-aqueous phase liquid (DNAPL) or an organic solvent: - risks associated with use of these products; - products that may contain these chemicals; - alternative or environmentally-friendly products; - municipal sewer use by-laws prohibiting the discharge of products containing dense non-aqueous phase liquids or organic solvents; Approved Source Protection Plan Effective July 1,

24 Draft for Consultation POLICY TEXT ID POLICY TEXT - education of businesses about the importance of proper hazardous waste disposal; - fostering of chemical manufacturing associations efforts to promote best management practices within the industry; - education of associated industries, such as the insurance sector, to promote best management practices within the industry and reflect these in their premiums. The program shall be established within three years of the effective date of the Source Protection Plan. Monitoring policy MP-27 applies. G-07 Vulnerable Area Road Signs The policy applies in all vulnerable areas where activities are or would be a significant drinking water threat (existing activity or future activity). In accordance with Section 22 (7) of the Clean Water Act, the Ministry of Transportation should: 1. in collaboration with the Ministry of the Environment and Climate Change as well as in consultation with Source Protection Authorities, design a sign to the appropriate Provincial standards, to identify the locations of Wellhead Protection Areas and lntake Protection Zones; and 2. manufacture, install and maintain the signs along Provincial Highways within the Wellhead Protection Areas with a vulnerability score of 10, an lntake Protection Zone or Wellhead Protection Area E with a vulnerability score of 8 or higher and/or an events-based area. Municipalities and counties shall be responsible for: 1. purchasing, installing and maintaining appropriate signs designed by the Province in collaboration with the Ministry of the Environment and Climate Change as well as in consultation with Source Protection Authorities; and 3. placing these signs, at a minimum, where municipal arterial roads or county roads are located within a Wellhead Protection Area with a vulnerability score of 10, an lntake Protection Zone or Wellhead Protection Area E with a vulnerability score of 8 or higher and/or within an events-based area. The program shall be established within two years of the effective date of the Source Protection Plan. Monitoring policies MP-10 and MP-18 apply. G-08 Hazardous Waste Disposal Opportunity The policy applies to the following activities in all vulnerable areas where the activity is or would be a significant drinking water threat (existing activity or future activity): 1. The land disposal of municipal waste, within the meaning of clauses (a) and (b) of the definition of "land disposal" in s. 1 of Regulation 347 (General - Approved Source Protection Plan Effective July 1,

25 Draft for Consultation POLICY TEXT ID POLICY TEXT A. other approvals as described by clauses 3(a) to 3(c) above which are necessary for the activity may be granted by the approval authority at any time within five years of the effective date of the Source Protection Plan. Where the term future activity is used in a source protection plan policy, the term shall be interpreted to include: i) activities that were not in existence prior to the effective date of the Source Protection Plan, except as described in clauses (1) to (3) above; ii) activities that commence on or after the effective date of the Source Protection Plan, except as described in clauses (3) above; iii) activities proposed on or after the effective date of the Source Protection Plan; iv) activities where an application for an approval under one of the prescribed instruments (as defined by s of O.Reg 287/07) is submitted on or after the effective date of the Source Protection Plan, except when allowed under clause 3(a) above; v) activities where an application for a building permit under the Building Code is submitted on or after the effective date of the first Source Protection Plan, except when allowed under clause 3(b) above; vi) activities where an application for an approval under the Planning Act or Condominium Act is submitted on or after the effective date of the first Source Protection Plan, except when allowed under clause 3(c) above. The policy takes effect on the effective date of the Source Protection Plan. G-11 Financial Support Fund The policy applies to the following activities in all vulnerable areas where the activity is a significant drinking water threat (existing activity): 1. The establishment, operation or maintenance of a waste disposal site within the meaning of Part IV of the Environmental Protection Act; 2. The establishment, operation or maintenance of a system that collects, stores, transmits, treats or disposes of sewage; 3. The application to agricultural source material to land; 4. The storage of agricultural source material; 5. The application of non-agricultural source material; 6. The handling and storage of non-agricultural source material; 7. The application of commercial fertilizer to land; 8. The handling and storage of commercial fertilizer; 9. The application of pesticide to land; 10. The handling and storage of pesticide; 11. The application of road salt; 12. The handling and storage of road salt; 13. The storage of snow; 14. The handling and storage of fuel; 15. The handling and storage of a dense non-aqueous phased liquid (DNAPL); 16. The handling and storage of an organic solvent; 17. The management of runoff that contains chemicals used in the de-icing of aircraft; Approved Source Protection Plan Effective July 1,

26 Draft for Consultation POLICY TEXT ID POLICY TEXT 18. 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; 19. An activity that reduces the recharge of an aquifer; 20. The use of land as livestock grazing or pasture land, an outdoor confinement area or a farm-animal yard. The Ministry of the Environment and Climate Change and/or the Ministry of Agriculture, Food and Rural Affairs should establish a Financial Support Fund. The purpose of the fund would be to provide appropriate levels of monetary support for landowners incurring identifiable financial losses and costs resulting from the implementation of Source Protection Plan policies. Claims for financial support should be submitted to, and reviewed by, a local review committee to determine the acceptability of the claim and amount of support to be paid. Note: The financial support would not be available to cover the costs of implementation activities or projects eligible under incentive program policies (Policy Text ID G-05 in the Source Protection Plan). The Ministry of the Environment and Climate Change and/or Ministry of Agriculture, Food and Rural Affairs should establish the Financial Support Fund within two years of the effective date of the Source Protection Plan. Monitoring policy MP-16 applies. G-12 Municipal/Conservation Authority Implementation Assistance The policy applies to the following activities in all vulnerable areas where the activity is or would be a significant drinking water threat (existing activity or future activity): 1. The establishment, operation or maintenance of a waste disposal site within the meaning of Part IV of the Environmental Protection Act; 2. The establishment, operation or maintenance of a system that collects, stores, transmits, treats or disposes of sewage; 3. The application to agricultural source material to land; 4. The storage of agricultural source material; 5. The application of non-agricultural source material; 6. The handling and storage of non-agricultural source material; 7. The application of commercial fertilizer to land; 8. The handling and storage of commercial fertilizer; 9. The application of pesticide to land; 10. The handling and storage of pesticide; 11. The application of road salt; 12. The handling and storage of road salt; 13. The storage of snow; 14. The handling and storage of fuel; 15. The handling and storage of a dense non-aqueous phased liquid (DNAPL); 16. The handling and storage of an organic solvent; Approved Source Protection Plan Effective July 1,