REGIONAL OFFICIAL PLAN AMENDMENT 5 TO THE OFFICIAL PLAN FOR THE NIAGARA PLANNING AREA

Transcription

1 REGIONAL OFFICIAL PLAN AMENDMENT 5 TO THE OFFICIAL PLAN FOR THE NIAGARA PLANNING AREA PART A - THE PREAMBLE The preamble provides an explanation of the Amendment including the purpose, location, background, and basis of the policies, and implementation, but does not form part of this Amendment. Title and Components Purpose of the Amendment Location of the Amendment Background Basis for the Amendment Implementation PART B THE AMENDMENT The Amendment describes the additions and/or modifications to the Official Plan for the Niagara Planning Area, which constitute Official Plan Amendment No.5. Map Change Text Change PART C THE APPENDICES The Appendices provide information, public participation and agency comments relevant to the Amendment, but do not form part of this Amendment. ROPA 5 DRAFT Page 1

2 PART A THE PREAMBLE TITLE AND COMPONENTS: This document, when approved in accordance with Section 17 of the Planning Act, 1990, shall be known as Regional Official Plan Amendment 5 (ROPA 5) to the Official Plan for the Niagara Planning Area. Part A The Preamble, contains background information and does not constitute part of this Amendment. Part B The Amendment, consisting of map and text changes, constitutes Amendment 5 to the Official Plan of the Niagara Planning Area. Part C The Appendices, does not constitute part of the Amendment. These Appendices contain information related to public involvement and agency comments associated with the Amendment. PURPOSE OF THE AMENDMENT: The purpose of this amendment is to add policies and mapping to the Regional Official Plan to ensure that municipal drinking water within the Niagara Region is protected now and in the future. The amendment is also meeting the requirements of the Clean Water Act by ensuring conformity with the Niagara Peninsula Source Protection Plan as approved by the Province in December LOCATION OF THE AMENDMENT: This amendment applies to the entire Niagara Planning Area with specific policies related to Intake Protection Zones within the City of Thorold, the City of Port Colborne and the City of Niagara Falls. BACKGROUND: The purpose of the Clean Water Act is to protect municipal water supplies by preventing contaminants from entering sources of municipal drinking water. There are 21 threat categories that are prescribed in the Clean Water Act and Ontario Regulation 287/07, which are considered significant drinking water threats. A key focus of the legislation is the preparation of locally developed Source Protection Plans, that provides a framework and policies to reduce the risks posed by water quality and quantity threats to drinking water. The Source Protection Plan for the Niagara Peninsula Source Protection Area, herein referred to as the Source Protection Plan, was approved by the Province on December 17, 2013, under the Clean Water Act, 2006 (Ontario Regulation 287/07). The Niagara Peninsula Source Protection Area applies to the same jurisdiction as the Niagara Peninsula Conservation Authority (NPCA), and includes the Regional Municipality of Niagara as well as portions of the City of Hamilton and Haldimand County. The effective date of the SPP policies is October 1, The Niagara Region Official Plan and local municipal Official Plans and Zoning By-laws are key planning tools in implementing the SPP policies. The Regional Official Plan must be updated to align with the SPP within two years of the effective date taking place and the local Official Plans and Zoning By-laws must be updated within three years of the effective date. Since there are no municipal wells within the Region, the SPP policies focus solely on the protection of municipal surface water intakes which supply municipal drinking water. Vulnerable areas, known as Intake Protection Zones (IPZ s) have been delineated around Water Treatment Plants (WTP) intakes where significant threats have been identified and the source protection plan focuses on eliminating drinking water threats within these IPZ s. The SPP identifies significant threats associated with the DeCew Falls WTP, Port Colborne WTP, and the Niagara Falls WTP ROPA 5 DRAFT Page 2

3 BASIS FOR THE AMENDMENT: 1. This Amendment implements the Clean Water Act and the Niagara Peninsula Source Protection Plan. 2. The Amendment establishes a new policy subsection to provide direction in the Regional Official Plan to ensure that the drinking water in Niagara is protected. 3. The text of the Amendment consists of: a. Part I: Creation of New Section 7.F b. Part II: Introduction c. Part III: Objectives d. Part IV: Creation of New Policies e. Part V: Addition of Definitions 4. The Amendment includes the addition of new Schedule H to provide mapping context at a Regional level for outlining where the Intake Protection Zones are located. 5. The changes in this Amendment are consistent with and implement the Planning Act, the Provincial Policy Statement (2014), and the Source Protection Plan and the Official Plan for the Niagara Planning Area. 6. The Amendment was the subject of a Public Meeting held under the Planning Act on June 4, Public and agency comments were addressed as part of the preparation of this Amendment. 7. Based on the Region s review of the Planning Act, the Provincial Policy Statement, the Regional Official Plan, public consultation, and agency consultation, Regional staff is of the opinion that the Amendment is consistent with and conforms to Provincial and Regional policies and plans and represents good planning. IMPLEMENTATION: Section 14, Implementation of the Official Plan for the Niagara Planning Area, shall apply where applicable. ROPA 5 DRAFT Page 3

4 PART B THE AMENDMENT ROPA 5 To the Official Plan for the Niagara Planning Area Map Change: Schedule H is added to the Regional Official Plan to show the Intake Protection Zones. Text Change: The Official Plan for the Niagara Planning Area is amended by the addition of the following policies: Part I: Creation of New Section 7.F 1. New Section 7.F Source Water Protection is created Part II: Introduction 1. The following text is inserted: Part I Section 7.F: Source Water Protection Introduction The Niagara Peninsula Source Protection Plan protects existing and future sources of drinking water in Niagara by ensuring that activities that are identified as drinking water threats under the Clean Water Act and associated regulations either never become a significant threat, or cease to be a significant threat to drinking water. The Niagara Peninsula Source Protection Plan evaluated six water treatment plants and determined there are significant threats related to land uses associated with the DeCew Falls water treatment plant in the City of Thorold, Port Colborne water treatment plant in the City of Port Colborne, and the Niagara Falls water treatment plant in the City of Niagara Falls. The following source water protection policies are organized according to the water treatment plant intake protection zones for which significant drinking water threats have been identified in the Niagara Peninsula Source Protection Plan. These water treatment plants and associated intake protection zones are identified as an overlay on Schedule H to this Plan. The policies of Section 7.F in this Plan must be read in its entirety and in conjunction with the Niagara Peninsula Source Protection Plan, the Assessment Report and the Explanatory Document which provides the context and rationale for the land use policies and in identifying significant threats and eliminating these drinking water threats for the DeCew Falls, Port Colborne and Niagara Falls water treatment plant intake protection zones. Part III: Objectives 1. The following text is inserted: Objectives for Source Water Protection ROPA 5 DRAFT Page 4

5 Objective 7.F.1 Objective 7.F.2 Objective 7.F.3 Objective 7.F.4 To protect existing and future municipal drinking water sources in the Niagara Region. To ensure that activities identified as drinking water threats either never become a significant threat or, if the activity is already taking place, the activity ceases to be a significant threat. To work collaboratively in promoting the stewardship of drinking water supplies in consultation with the Province, the Niagara Peninsula Conservation Authority, local municipal partners, other organizations and key stakeholders. To implement education and outreach programs which describe and promote best management practices and good stewardship of drinking water resources as required under the Niagara Peninsula Source Protection Plan. Part IV: Creation of New Policies 1. The following text is inserted: Properties where untreated septage is applied to land are considered waste disposal sites under Part V of the Environmental Protection Act (EPA). Untreated septage is typically produced from the clean-out of residential septic system tanks. The Niagara Peninsula Source Protection Plan, Assessment Report and Explanatory Document are available at: tection-niagara.ca/ 7.F.1 DeCew Falls Water Treatment Plant Policy 7.F.1.1 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. Policy 7.F.1.2 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. Policy 7.F.1.3 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. Policy 7.F.1.4 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. Policy 7.F.1.5 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, ROPA 5 DRAFT Page 5

6 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. 7.F.2 Port Colborne Water Treatment Plant Policy 7.F.2.1 The Risk Management Official is responsible for the review and approval of Risk Management Plans. 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. Policy 7.F.2.2 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. Policy 7.F.2.3 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. Policy 7.F.2.4 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. Policy 7.F.2.5 Policy 7.F.2.6 Policy 7.F.2.7 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. 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 ROPA 5 DRAFT Page 6

7 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. Policy 7.F.2.8 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. 7.F.3 Niagara Falls Water Treatment Plant Policy 7.F.3.1 Policy 7.F.3.2 Policy 7.F.3.3 Policy 7.F.3.4 Policy 7.F.3.5 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. 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. 7.F.4 Implementation and Monitoring Policies Policy 7.F.4.1 Local municipalities shall amend their Official Plans and implementing Zoning By-laws to conform to the policies of Section 7.F of this Plan within three years from the date the Niagara Peninsula Source Protection Plan comes into effect. ROPA 5 DRAFT Page 7

8 Policy 7.F.4.2 The Region will monitor and report on the measures taken to implement the significant threat policies in accordance with the Niagara Peninsula Source Protection Plan, which shall address the following: number of development applications in Intake Protection Zones; pre-consultation meetings related to the Niagara Peninsula Source Protection Plan; number of Risk Management Plans reviewed and approved; and steps taken to improve education and outreach. 2. Policy 14.C.4 is amended by: i. Adding the following policy in its entirety: (iii) The Intake Protection Zone boundaries illustrated on Schedule H Source Protection are definitive ; and, ii. Numerically shifting the remaining policies down to account for the addition of policy 14.C.4. (iii). Part V: Addition of Definitions 1. The following definitions are added: Agricultural Source Material: means treated or untreated materials, as defined by the Nutrient Management Act, other than compost that meets the Compost Guidelines, or a commercial fertilizer, if they are capable of being applied to land as nutrients. Intake protection zone: An area as delineated in the Assessment Report that surrounds a municipal surface water intake and within which it is desirable to regulate or monitor drinking water threats. Risk Management Official: means a person appointed under Part IV of the Clean Water Act, 2006, by the council of a municipality that has authority to pass by-laws respecting water production, treatment, and storage under the Municipal Act, Risk management plan: means a plan for reducing a risk, prepared in accordance with the regulations and the rules under S. 58 of the Clean Water Act, Significant Drinking Water Threat or Significant Threat: means a threat that, according to a risk assessment, poses or has the potential to pose a significant risk to the quality of municipal drinking water; Source Protection Plan: means a drinking water source protection plan prepared under of the Clean Water Act, Source Water: Water in its natural or raw state, prior to being drawn into a municipal drinking water system. Waste disposal sites: The application of untreated septage, the storage, treatment and discharge of tailings from mines and waste disposal sites as defined under Part V of the Ontario Environmental Protection Act with respect to Source Water Protection. ROPA 5 DRAFT Page 8

9 Stormwater Management Facility: means a facility for the treatment, retention, infiltration or control of stormwater. Wastewater Treatment Plant/Facility: means the part of a sewage works that treats or disposes of sewage but does not include the part of the sewage works that collects or transmits sewage. Combined Sewers: A sewer designed to convey both sanitary sewage and storm water through a single pipe to a sewage treatment plant. Industrial Effluent Systems: means systems which convey and discharge the by-product from an industrial process that can contain contaminants from non-domestic wastes. ROPA 5 DRAFT Page 9

10 PART C THE APPENDICES ROPA 5 DRAFT Page 10