Order made under the Environmental assessment act

Declaration – Regional Municipality of York’s Modifications to the York Durham Sewage System (forcemains and pumping station)

Having received a request from the Regional Municipality of York (York Region) that the Ministry of the Environment and Climate Change (ministry) take steps to allow an undertaking, namely:

The construction, operation, and maintenance of a new forcemain to convey wastewater from the existing Newmarket Pumping Station to the existing gravity sewer that discharges to the Aurora Pumping Station (Newmarket forcemain); a new forcemain to convey wastewater from the existing Bogart Creek Pumping Station to the new Newmarket forcemain; and modifications to the Newmarket and Bogart Creek Pumping Stations for connection of the new forcemains (together the forcemain undertaking)

to be separated from the other two undertakings in the Upper York Sewage Solutions Environmental Assessment and proceed forward to approval; and

Having been advised by York Region that if the forcemain undertaking is subject to the application of the Environmental Assessment Act (Act), the following injury, damage or interference with the persons and property indicated will occur:

1. The York Durham Sewage System in Newmarket is approaching its design capacity and must be upgraded to ensure system reliability during high flow conditions.  Overflow or surcharge situations could arise during high flow conditions in Newmarket.  The undertaking would provide relief to the York Durham Sewage System during periods of extreme high flow.
2. The York Durham Sewage System is aging, having been in constant operation for over 30 years, and requires critical maintenance and repairs.  Investigations have shown trapped gas pockets in the forcemain which can cause corrosion and breakdown of the forcemain, which could lead to damage to the natural environment from a spill of sewage and interference with the provision of sewage services to residents and other users.  
3. Without redundancy in the system and the ability to redirect flows within the system, repairs and replacements in the infrastructure are difficult as the system has to remain in service at all times. The forcemain undertaking would allow York Region to undertake crucial maintenance and repairs to the existing forcemains and continue to provide sewage services.
4. York Region would be damaged by the additional cost and time delay if required to conduct further environmental assessment work when it has already carried out an environmental assessment process that assessed alternatives and identified the proposed forcemain undertaking as the preferred alternative to address safety and capacity issues with respect to the existing York Durham Sewage System.

Having weighed such injury, damage, or interference against the betterment of the people of the whole or any part of Ontario by the protection, conservation and wise management in Ontario of the environment which would result from the undertaking being subject to the application of the Act;

The undersigned, appointed by the Premier of Ontario pursuant to section 16 of the Member’s Integrity Act, 1994 to decide on all matters pertaining to the Upper York Sewage Solutions Environmental Assessment, is of the opinion that it is in the public interest to declare and does declare pursuant to section 3.2 of the Act that the undertaking is not subject to section 5 of the Act for the following reasons:

1. Possible environmental harm from the release of untreated sewage during high flow volume periods due to capacity limitations will be avoided by the addition of necessary capacity in the York Durham Sewage System;
2. Critical maintenance and repairs can be completed to the York Durham Sewage System in the Newmarket area before an emergency situation arises preventing environmental harm, loss of sewage services and property damage;
3. York Region has carried out an appropriate level of environmental assessment planning, including broad consultation with the public, government agencies and Indigenous communities, to address safety and capacity issues with respect to the forcemain undertaking;
4. Questions raised by the public, Indigenous communities or government agencies with respect to the forcemain undertaking during the consultation process for the Upper York Sewage Solutions Environmental Assessment (through which the forecemain undertaking was also consulted on) were appropriately addressed by York Region;
5. The forcemain undertaking is located in a generally urban area in the Region of York and appropriate construction techniques and mitigation measures will be used to ensure that the environment is protected during the construction and operation of the forcemain undertaking;
6. The conditions set out below will ensure that the undertaking is implemented in an appropriate manner, in the same manner that York Region consulted the public on, and that the environment will be protected during the construction, operation and maintenance of the forcemain undertaking; and,
7. Other subsequent permits and approvals must be obtained before construction of the undertaking can commence and will contribute to the protection of the environment.

This declaration order (order) is subject to the following terms and conditions:

1. General
   1. For the purposes of this order:

      “Director” means the Director of Environment Assessment and Permissions Branch, Ministry of the Environment and Climate Change.

      “York Durham Sewage System” means the wastewater collection system that services the southern areas of York Region and outlets at the Duffin Creek Water Polution Control Plant in the City of Pickering.

   2. York Region shall implement the forcemain undertaking in accordance with the conditions set out in this order and in accordance with the document titled: York Durham Sewage System Modifications (February 2018) attached hereto as Schedule 1.  
   3. If there is any conflict between the conditions in this order and Schedule 1, then the conditions in this order prevail. 
   4. Any changes to the forcemain undertaking shall be made in accordance with the Act.
2. Submission of Documents
   1. York Region shall clearly identify on every document submitted to the ministry the condition under which the document is being submitted.
   2. The documents required by conditions 4, 5 and 6 in this order shall be posted on York Region’s website when the final documents are submitted to the ministry.
   3. Where document(s) or report(s) required by this order require public posting on York Region’s website, the document(s) or report(s) shall not be removed from the website without the written agreement of the Director.
3. Limitation
   1. With respect to servicing new growth, York Region is limited to using the forcemain undertaking to service new growth in the areas identified in Schedule 1 to this order.
4. Compliance Monitoring Program
   1. York Region shall prepare and submit to the Director a Compliance Monitoring Program within one year from the date set out below, or a minimum of 60 days prior to the start of construction, whichever is earlier.  Construction shall be considered to have started when physical construction activities, including site preparation, have begun.
   2. In the Compliance Monitoring Program, York Region shall set out in detail a monitoring plan, the purpose of which is to ensure that the forcemain undertaking is implemented in accordance with this order. 
   3. The Director may require amendments to the Compliance Monitoring Program. If any amendments are required by the Director, the Director will notify York Region of the required amendments in writing.
   4. York Region shall implement the Compliance Monitoring Program, including any amendments required by the Director.
5. Compliance Monitoring Reports
   1. York Region shall prepare an annual Compliance Monitoring Report which outlines the results of the Compliance Monitoring Program for the previous 12 month period.
   2. The first Compliance Monitoring Report shall be submitted to the Director within one year and one month from the date of this order set out below. 
   3. Subsequent Compliance Monitoring Reports shall be submitted to the Director on the anniversary of the first Compliance Monitoring Report each year thereafter.
   4. York Region shall submit the Compliance Monitoring Report annually until all conditions in this order and any commitments made by York Region are satisfied, unless notified by the Director that annual reporting is no longer required. 
6. Complaints Protocol
   1. York Region shall prepare and implement a Complaints Protocol that sets out how it will address and respond to complaints regarding the forcemain undertaking.
   2. York Region shall submit the Complaints Protocol to the Director at least 60 days before start of construction of the forcemain undertaking or such other date as agreed to in writing by the Director.
   3. The Director may require York Region to amend the Complaints Protocol at any time.  Should an amendment be required, the Director will notify York Region in writing of the required amendment and date by which the amendment must be completed and implemented.
7. Archaeological Assessment
   1. Should human remains be discovered during construction of the forcemain undertaking, York Region shall ensure that all work in the vicinity of the discovery ceases immediately and shall notify the police or coroner, the Registrar of Cemeteries, Ministry of Government and Consumer Services, and such Indigenous communities as the Director advises.
   2. Should artifacts or other physical evidence of past human use or activity be discovered during construction of the forcemain undertaking, York Region shall ensure that all work in the vicinity of the discovery ceases immediately and York Region shall notify the Ministry of Tourism, Culture and Sport, and such Indigenous communities as the Director advises.
   3. If any archaeological resources of Indigenous origin are identified during construction of the forcemain undertaking, York Region shall within 5 days of identifying the Indigenous archaeological resources:
      1. notify the appropriate Indigenous communities; and 
      2. arrange and participate in any meetings requested by any interested Indigenous community to discuss the archaeological find(s).

Dated the 26 day of February 2018 at Toronto

[Original signed by]
Minister Des Rosiers
Minister of Natural Resources and Forestry

Approved by O.C. No._____/____

Date O.C. Approved: _________

Environmental Assessment and Permissions Branch Contact
Dorothy Moszynski
Telephone No.:416-314-3352

EA File No.: 04-03

Order in Council 399/2018