The proposed Clean Water Act : framework for preparing source protection plans

2005·0.09 MB·English

December 2005
The Proposed Clean
Water Act
Framework For Preparing Source Protection Plans

The McGuinty government has proposed a plan to would be involved and mechanisms to resolve
reduce the risks to drinking water through disputes.
preventative planning. This plan is the Clean Water
Act. An initial scan of the watersheds to identify
vulnerable areas including municipal wellhead or
The proposed Clean Water Act would require intake protection areas would help municipalities
communities to establish source protection decide which activities they would do and which
committees to examine drinking water sources and would be done by conservation authorities.
identify potential sources of contamination. It
would also require the committees to create a plan Assess risks to drinking water
to reduce or eliminate these potential threats. Once a plan of action has been set out, those
Municipalities would play a key role in the responsible for identifying and assessing threats to
preparation of these plans and would implement quality and quantity of drinking water sources
them. would begin work. They would decide which
drinking water threats need immediate action,
The act proposes the following process to help those that need monitoring to ensure they do not
communities come up with their own plans to become more serious, and identify cases where no
protect sources of drinking water: action is needed.

Establish who does what Major steps would be identifying vulnerable areas
The source protection committee would begin by including present and future groundwater and
outlining all the necessary steps to develop and surface water municipal supplies, areas where large
implement a plan to protect drinking water sources. regional aquifers are being recharged, and where
They would decide who is responsible for carrying these are vulnerable to contamination. Water
out different activities. Terms of reference would budgets would be carried out to measure how much
outline how the source protection planning process water exists both above and below ground, how it
would roll out to involve municipalities, the moves, and how much water the community uses
community and potentially affected landowners, to identify potential water shortages.
businesses and industry. The terms of reference
would include strategies to consult, how the public Take early action on significant threats
Municipalities could act on significant threats to

PIBS 5379e
December 2005
their water supply wells and intakes as soon as the policies are not appropriate or too onerous, may
science-based assessment report is approved by the ask for a hearing.
ministry. Municipalities could order any one
involved in an activity that is or would be a Carry out the plan
significant threat in an area identified in the Putting the source protection plan into action may
assessment report to develop a risk management be done through by-laws, education programs,
plan. This plan would detail the site-specific incentives, land-use planning initiatives,
measures that the person will take to ensure an partnerships, orders and permits.
activity is carried on in such a manner that it is not
a significant drinking water threat. After the source protection plan is approved, any
one who wants to engage in an activity identified
The source protection authority may be required to in the source protection plan as one that is or would
report annually on all risks after the assessment be a significant drinking water threat in a
report is approved to track interim implementation municipal wellhead protection area or surface
and demonstrate what progress has been made water intake protection zone would first have to
through voluntary measures and/or risk seek a permit from the municipality. The purpose
management plans. of the permit is to ensure that an activity does not
pose a significant threat to a drinking water source.
Develop a source protection plan
Once they have identified the risks to drinking Outside these areas, instruments such as zoning by-
water, the municipality would then work with laws or official plan amendments or education and
various groups to come up with a source protection incentives would be used to implement the
plan to address these risks. Broad consultation provisions of the source protection plan. To help
would result in conservation authorities, achieve the objectives of the source protection
landowners, farmers, industry, businesses, plan, the province could update an instrument such
community groups and the public all being as certificates of approval if it relates to an activity
involved in coming up with workable, effective identified in the plan as one that is or would be a
solutions. significant drinking water threat.

Municipalities, conservation authorities, property Stay vigilant
owners and other members of the public would Plans would include continuous monitoring and
identify opportunities to reduce both existing and reporting to measure the effectiveness of the
future risks and capture these strategies in a draft actions taken to protect drinking water sources and
source protection plan for public comment. Many ensure they are protected in the future. The source
risks could be reduced voluntarily or through protection authority would provide annual reports
incentives. Significant risks to municipal water to the minister. These reports would track
supply wells or intakes would require action. The implementation and compliance. The annual
plan would set out how significant drinking water reports would be made public. At a frequency set
threats will be reduced, who is responsible for when the minister approves the plan, the entire
taking action, timelines and how progress will be planning process would begin again starting with
measured. new terms of reference.

Municipalities and any person affected by the plan For further information visit the Ministry of the
would be notified and given adequate time to Environment’s website at
provide comments on the proposed plan In www.ontario.ca/cleanwater or contact:
addition, the proposed plan would have to be made Public Information Centre
available for public comment before it is submitted Ministry of the Environment
to the minister for approval. Municipal councils 135 St. Clair Avenue West
may pass resolutions of support or provide Toronto, ON M4V 1P5
comments. Any person, including someone Tel: [phone] or 1-800-565-4923
affected by the plan who thinks the proposed