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EBR Review Response: Waterloo Moraine April 2009 Ministry of the Environment EBR Review Response: Waterloo Moraine April 2009 Ontario Ministry of the Environment Copyright: © 2009, Queen’s Printer for Ontario © Imprimeur de la Reine pour l'Ontario, 2009 PIBS: 7079 - 2 - 1. Introduction_________________________________________________4 1.1. Summary of the Applications ____________________________________4 1.2. Objectives of the Review________________________________________4 1.3. Approach to the Review and Scope_______________________________5 2. Moraines ___________________________________________________6 2.1. Context ______________________________________________________7 2.2. Waterloo Moraine – Description and Function ______________________7 2.3. Summary of the State of Knowledge of the Waterloo Moraine ________10 3. How the Moraine is Protected _________________________________11 3.1. Provincial Legislation and Policy________________________________11 3.1.1. Ontario Water Resources Act, 1990________________________________12 3.1.2. Environmental Protection Act, 1990 _______________________________12 3.1.3. Clean Water Act, 2006___________________________________________12 3.1.4. Environmental Assessment Act, 1990______________________________13 3.1.5. Nutrient Management Act, 2002___________________________________15 3.1.6. Aggregate Resources Act, 1990___________________________________15 3.1.7. The Planning Act, 2006 and the Provincial Policy Statement, 2005______17 3.1.8. Places to Grow Act, 2005 and Growth Plan for the Greater Golden Horseshoe, 2006________________________________________________________18 3.2. Local Scale Implementation ____________________________________19 4. Conclusions________________________________________________20 Appendix 1: Jurisdictional Scan___________________________________22 Appendix 2: Review of the State of Knowledge for Waterloo and Paris Galt Moraines ______________________________________________________25 - 3 - 1. Introduction 1.1. Summary of the Applications The purpose of this review was to assess the current protection framework, and to determine whether there is a need for new provincial policy to protect groundwater and source waters in the Waterloo moraine. The Ministry of the Environment (MOE) agreed to undertake this review in response to applications made on July 17 and July 27, 2006 under section 61 of the Environmental Bill of Rights, 1993 (EBR). One application identified the need for a policy to protect the Waterloo moraine in a similar framework to the Oak Ridges Moraine Conservation Act, 2001. The other identified development as a specific concern and indicated that groundwater volumes needed greater protection beyond that provided by the Ontario Water Resources Act, the Safe Drinking Water Act, and the Provincial Policy Statement (PPS). Specifically, the applicants submitted the review should be undertaken because: • groundwater resources should be protected; • recharge areas should be protected from contamination (salt, nitrates, pesticides); • recharge is required for natural functions, including fish habitat; • the moraine provides drinking water; • recharge areas should be maintained in their natural state; • development pressure threatens recharge areas; and • water shortages and reduced water volumes in aquifers should be prevented. Response letters were sent by the MOE to the applicants on April 24, 2007. The letters indicated that the MOE would review existing policies and the need for new policies related to some of the issues raised in the EBR applications. The letter also outlined the scope of the review. 1.2. Objectives of the Review The objectives of this review were to: 1) review existing policies related to protection of groundwater recharge; and 2) assess potential policy gaps and determine if there is a need for new provincial policy to protect the Waterloo moraine, in particular to protect - 4 - groundwater and source waters from the potential impacts of development, including contamination, reductions in recharge, and the loss of existing groundwater volumes. 1.3. Approach to the Review and Scope There were two primary aspects to the review: (1) a review of existing policies and an analysis of potential gaps related to protecting the moraine functions, and (2) a review of current technical information and knowledge concerning the hydrogeology of the Waterloo moraine and identification of gaps in understanding. Technical understanding of the moraine is important in order to identify the key features and functions of the moraine that warrant protection, to assist in policy analysis, and to determine if there are significant information gaps. To carry out the review, the MOE established a review team and an inter-ministry committee, comprising of the Ministries of Municipal Affairs and Housing (MMAH), Natural Resources (MNR), Agriculture, Food and Rural Affairs (MAFRA), Northern Development and Mines (MNDM), Energy and Infrastructure (MEI), and Transportation (MTO). Consistent with the applicant’s request, the MOE set the scope of the review to include an examination of moraine and groundwater protection policies applicable to the geographic area of the Waterloo moraine. Although a wide range of policies were reviewed, the scope did not include recommending changes to policies that were not within the MOE’s mandate (e.g. the PPS, the Greenbelt Plan, the Growth Plan for the Greater Golden Horseshoe). The scope of the review also did not include revisiting decisions related to pieces of provincial legislation where decisions had been made within the last five years consistent with the Environmental Bill of Rights (e.g. Ontario Water Resources Act including the Permit to Take Water program, Clean Water Act, 2006, Nutrient Management Act, 2002, Environmental Assessment Act). An examination of the implementation of provincial policies informed the review. The MOE gathered policies and related information through contacts with other ministries, municipalities, and the Grand River Conservation Authority (GRCA) to discuss the issues and to supplement information provided by the applicants. Discussions focussed on the Waterloo moraine and its protection, including issues related to water quantity and quality. The MOE review team examined both provincial and municipal policies, and had discussions with municipal, conservation authority and provincial staff in the analysis of provincial and municipal policies and practices. - 5 - In the provincial policy analysis, the review included examination of the protection of the functions of the moraine (groundwater recharge, discharge, storage). Policies were examined for: definitions; protection of hydrologic function for drinking water purposes and for ecological purposes; requirements for mapping of recharge, discharge and storage functions; presence of technical guidance for identification and/or delineation of functions; and roles and responsibilities. The review did not include a detailed evaluation of municipal implementation of provincial policy direction. In addition, a jurisdictional scan was completed and a summary is attached in Appendix 1. 2. Moraines The term ‘moraine’ and the need to protect ‘moraines’ have gained prominence in Ontario since the Oak Ridges Moraine Conservation Plan was implemented in 2001. Glaciers carry and deposit a variety of geologic debris that is eroded from the landscape that glaciers move over. Some of these glacial deposits are called moraines. The various glacial advances and retreats in Southern Ontario from different ice lobes have resulted in a series of moraine deposits throughout the region. The structure and composition of moraines are a function of their depositional environment and the underlying geological material that the glacier moves over. Moraines can therefore vary considerably in size, shape and geologic composition, as well as aerial extent, height and thickness. End moraines (or terminal moraines) are ridges of glacial sediment that accumulate along and at the margins of glaciers. More specifically, kame moraines are end moraines that contain numerous hummocky mounds of irregularly bedded sand and gravel with subordinated till, deposited in patches from meltwater flowing in contact with a moving or decaying glacier. Interlobate moraines are formed as a result of large ice sheets advancing irregularly so that their margins are ‘lobate’, the retreating margins of ice deposit thermal moraines of boulders, clay and sand leaving the original interlobate shape of the glaciers, hence the term ‘interlobate moraine’. Both the Waterloo moraine and the Oak Ridges Moraine are characterised as interlobate moraines. - 6 - Hummocky moraines are areas of knob and kettle topography that may have been formed either along an active ice sheet or around a mass of stagnant ice. Knob and kettle topography is an undulating landscape in which a disordered assemblage of knolls, mounds, or ridges of glacial debris is interspersed with irregular depressions and pits (kettle) that are commonly undrained and may contain swamps or ponds. Moraines are often cited for their significance in providing many functions to the environment. Each moraine will provide its own specific functions depending on its size, structure and location. There are a number of functions that are often associated with larger moraines in Southern Ontario and other parts of the Great Lakes Basin. As a result of these functions, moraines may provide groundwater recharge, discharge and storage functions, which result in water quality and quantity related benefits, such as: • Maintenance/improved quantity and quality of drinking water and water for other users; • Provision and protection of habitat; • Filtration of water (runoff/rainfall); • Maintenance of stream flows and wetlands and resiliency during seasonal and longer terms droughts; • Decrease of storm flows and downstream flooding; and • Adaptation to impacts of climate change. 2.1. Context Waterloo and Kitchener are identified as urban grown centres in the Growth Plan for the Greater Golden Horseshoe. Urban growth centres will be planned to achieve, by 2031, residents and jobs gross density targets. The Region of Waterloo Water Supply Master Plan indicates there is sufficient groundwater water supply, assuming water conservation and efficiency programs, to support the growth targets to 2031 (as indicated in the Growth Plan for the Greater Golden Horseshoe). A lake pipe line would be required after 2031. Details studies under The Clean Water Act, 2006 for Kitchener, Waterloo and Cambridge well fields are underway and results are expected in 2010. 2.2. Waterloo Moraine – Description and Function The Waterloo moraine is an interlobate moraine with an extensive sand core and multiple till layers. Located in the middle of the Grand River Watershed (refer to Figure 1) and approximately 400 km2 in size, this complex moraine presents as - 7 - gently rolling to undulating hills and rises about 430m in the north portion to 325 m in the southeast. The multi-aquifer provides water to most of the residents of Kitchener/Waterloo and rural areas to the west of Kitchener/Waterloo. The central portion is generally covered with a thick till cap on which the cities of Waterloo and Kitchener have developed. Much of the major recharge area is located to the west of the urban area in a rural agricultural area. - 8 - Figure 1: Map of Waterloo Moraine This map is not the official boundary map of the moraine and was used for discussion purposes in this review. For detailed discussion on the boundary of the moraine, please refer to Appendix 2. - 9 - 2.3. Summary of the State of Knowledge of the Waterloo Moraine To initiate the review, the current state of knowledge and existing data on the Waterloo moraine were examined. For the purposes of this review, data is defined as the parameters input into models for decision making. Knowledge is defined as a broader understanding of recharge and discharge quantities, groundwater flow/velocity and contaminant transport. Key points of the study are summarized below. Please refer to Appendix 2 for the detailed study. The Waterloo moraine has provided much of the water supply for the cities of Kitchener and Waterloo for over 100 years and has been the subject of intensive research for about 35 years. This has resulted in the Region having the most comprehensive set of subsurface information anywhere in the province. Research on the moraine comprises of on-going collaboration among the Region of Waterloo, University of Waterloo, the Ontario Geological Survey (OGS), the Geological Survey of Canada and the Grand River Conservation Authority. Requirements for watershed and subwatershed studies have provided additional information, and water quantity assessments (Tier 2 and Tier 3 water budgets) under the Clean Water Act are currently ongoing. Moraine Boundary The boundaries of the Waterloo moraine as understood today are generally consistent with the way they were delineated historically. There are some variations in the boundaries, and the OGS has identified a possibility for re- interpretation of the extent of the moraine boundary. However, hydrologic features in the Waterloo moraine area can be further defined independent of the moraine boundary. Geology and Hydrogeology There is a good understanding of the geology of the Waterloo moraine. For detailed information on the geology and hydrogeology of the moraine please refer to Appendix 2. Recharge and Storage The location of the main recharge area within the Waterloo moraine, which provides water to most of the well fields within the Waterloo moraine, is reasonably understood. Additional recharge areas, providing water to water- related ecological features and baseflow have not been specifically defined or mapped. However, ecologically sensitive areas, as defined in the Region of Waterloo draft Official Plan (2008), may consider recharge areas that support water-related ecological features. - 10 -