D-2 Compatibility between Sewage Treatment and Sensitive Land Use

Guideline D-2: (formerly 07-05)

Legislative Authority:
Ontario Water Resources Act, Sections 10(1d) and 53
The Planning Act, S.O. 1995 c. 17(14) and 51(24)

Responsible Director: Director, Environmental Planning & Analysis Branch

Last Revision Date: August 1996

Introduction (1.0)

The Ministry has identified its interest in recommending separation distances and other control measures for land use planning proposals in Guideline D-1 "Land Use Compatibility". This document, which is a specific application of the concepts contained in Guideline D-1, relates specifically to waste stabilization ponds and sewage treatment plants. For the purposes of this document, plants are categorized into three classes: those with a design capacity equal to or less than 500 cubic metres of sewage per day (m³/d), those with a design capacity greater than 500 m³/d but less than 25,000 m³/d, and those with a capacity greater than 25,000 m³/d.

The Guideline is not appropriate for dealing with the effects of major treatment plant upsets due to overloading or equipment breakdown.

Application (2.0)

This Guideline applies to all applications for Certificate of Approval under the Ontario Water Resources Act RSO 1990, Section 53, and under the Environmental Protection Act, Section 9, for new and expanding municipal and private sewage treatment facilities.

Guideline D-2 also applies to the advice that the Ministry provides to the Ministry of Municipal Affairs & Housing (MMAH)and delegated approval authorities under the Planning Act. This relates to all development or redevelopment applications for residential or other sensitive land uses adjacent to sewage treatment facilities.

Separation distances (3.0)

Sensitive land uses (3.1)

Where practical, sensitive land uses should not be placed adjacent to treatment facilities.

Measuring separation distance (3.1.1)

Separation distances will be measured from the periphery of the noise/odour-producing source-structure, to the property/lot line of the sensitive land use.

Inquiries regarding the point(s) of reception for noise, or point(s) of impingement for odour, should be directed to MOEE Noise Assessment and MOEE Air Approvals respectively.

Acquisition of buffer areas (3.2)

When new facilities (or enlargements to existing facilities) are proposed, an adequate buffer area should be acquired as part of the project.

Where acquisition of a buffer is not possible and further to item 3.3 below, future sensitive uses on adjacent lands should be discouraged through appropriate official plan and zoning constraints, or ownership by a responsible public authority.

Alternatives to buffer area acquisition (3.3)

In the case where an adequate buffer area has not been purchased, more effective noise and odour mitigation are necessary to provide an optimum level of protection between the sewage treatment facility(ies) and adjacent sensitive land uses.

Consideration should be given to silencing specific sources of noise, covering certain sections of the plant, and treating collected gases.

Note:

• Approval under the EPA Section 9 will be required for installation of noise mitigation measures.
• Sewage pumping stations may also be sources of odour and noise, thus requiring mitigation.

In some cases, a combination of distance, covering and treatment may be required.

Sewage Treatment Plants (3.4)

Capacity Equal to or Less than 500 m³/d (3.4.1)

The recommended separation distance is 100 metres.

A separation distance of less than 100 metres may be permitted, however a qualified professional must produce a study showing the feasibility of the distance based on:

1. the application of noise reduction equipment to any potential noise source(s), and;
2. the degree and type of odour mitigation applied to the facility.
3. other contaminants of concern (i.e. aerosols) which may need to be addressed.

Pre consultation with the MOEE Regional Office is recommended under these circumstances.

In the course of reviewing a draft plan of subdivision, the Regional MOEE Director may request MOEE Approvals Branch to review any study which supports a separation distance of less than 100 metres. The proponent should be advised that any noise reduction measures will require approval under Section 9 of the EPA.

If the Regional Director feels a separation distance of less than 100 metres has been satisfactorily rationalized, approval for a proposed adjacent sensitive land use can be recommended.

[Note: The application for the Certificate of Approval under the OWRA or EPA for the sewage works shall include any mitigation measures which have been deemed necessary to coincide with the new separation distance.]

Capacity greater than 500 m³/d but less than 25,000 m³/d (3.4.2)

The minimum separation distance shall be 100 metres. The recommended separation distance shall be 150 metres.

Capacity greater than 25,000 m³/d (3.4.3)

These plants will be dealt with on an individual basis. A separation distance of greater than 150 metres may be required.

The determination of the required distance will depend on the type of noise sources (for example generators, blowers, etc.) and the type of noise/odour control measures being applied.

Waste stabilization ponds (3.5)

Notwithstanding 3.4.1, 3.4.2, and 3.4.3, the recommended separation distance varies from 100 to 400 metres depending on the type of pond and characteristics of the waste.

Comments on sensitive land use applications (4.0)

1. In commenting on sensitive land use applications, the Ministry will examine compliance with the guidelines described herein, as well as any noise and/or odour complaints attributed to the facility¹.
2. Where a facility has been known to generate objectionable noise and/or odours, a larger separation distance and/or increased buffering may be required - at least until further abatement work has remedied the problem.

Should either of the above conditions not be satisfied, the Ministry may advise against any proposal (i.e. new Official Plan, Official Plan Amendment, Draft Plan of Subdivision, etc.) which would/could establish a sensitive use adjacent to a sewage treatment facility.