Regulations prescribing certain short term water takings as EASR activities
Bill or Act:
Ontario Water Resources Act, Environmental Proteciton Act
Summary of Decision:
New EASR Activities
MOECC posted a discussion paper on the Environmental Activity and Sector Registry and Short-Term Water Takings on March 6, 2015. On November 20, 2015 the ministry posted a proposal for a regulation under the Environmental Protection Act that would prescribe the following activities for the purposes of section 20.21 of the Act - the Environmental Activity and Sector Registry (EASR):
-Water takings for Construction Site Dewatering
-Water takings for Road Construction Purposes
A decision has been made to prescribe the two activities noted above for the purposes of subsection 20.21 (1) of the Act. The new EASR regulation made under the Environmental Protection Act is O. Reg. 63/16 Registrations Under Part II.2 of the Act -Water Takings.
The regulation sets out the specific criteria in which these activities must be registered on the EASR. The regulation also sets out, for those activities that are required to be registered, specific operating, and record keeping requirements. In general, the requirements set out in the EASR regulation reflect current environmental standards that are implemented in Permits to Take Water (PTTW).
November 20, 2015
Summary of Proposal:
The Ministry of the Environment and Climate Change ("the Ministry") has implemented an Environmental Activity and Sector Registry (EASR) that requires people to register certain activities with the Ministry. The EASR is a public, online system where people engaging in selected activities are required to register the activity and meet operating requirements set out in regulation rather than seek an approval through an application submission and review process. These requirements could be comprised of, but not limited to, design requirements, pollution control measures and best management practices. The Ministry will enforce compliance with the EASR regulation according to its compliance strategy, as it does for all approvals today.
On March 6, 2015, in the first round of public consultation, the ministry posted a technical discussion paper to the EBR (012-0580) for 45 days to gather comments relating to short term water takings. The development of the proposal was informed by various stakeholders and site visits. After a review of the comments received, the ministry is proposing a second round of public consultation on proposed draft regulations for short term water takings.
The focus of this technical discussion paper and draft regulations is on short-term, non-recurring water taking activities. The Ministry is seeking comments on the following:
A. Proposal to clarify that certain activities are not considered water takings by the Ministry, specifically:
Diversion of a watercourse for the purpose of creating and maintaining a construction site located wholly or partially within the watercourse where the water is returned back to the watercourse.
B. Proposal to provide exemptions from Permit to Take Water (PTTW) requirements with conditions for the following:
To encourage wetlands, a taking of water by means of a structure or works constructed for the diversion or storage of water from a surface source of supply, if the structure or works are designed solely for the restoration, managing, conserving or enhancement of wetlands; and
A taking of water by means of an existing structure or works built across a watercourse for the diversion or storage of water from a surface source of supply if the structure or works is intended solely to allow all natural watercourse flow to pass freely over the crest of the structure. (i.e. weir). The proposed exemption would not include any structures that are utilized in hydro-electric projects (i.e. waterpower projects).
Pumping of water for the purpose of creating and maintaining a construction site located wholly or partially within the watercourse and where the water that has been pumped is returned back to the same watercourse, if prescribed requirements for discharge are met;
C. Proposal to regulate the following water takings to be prescribed activities for the purposes of the EASR:
Surface water takings that are restricted to specific purposes involved in road construction; and
Short-term construction dewatering less than 400,000 L/day
The use, operation, establishment, alteration, extension or replacement of sewage works used for the purpose of collecting, transmitting and disposal of storm water in construction dewatering
March 29, 2016