Order made under the Environmental assessment act

Declaration – Sunderland Emergency Well

Having received a request from the Regional Municipality of Durham (Durham Region) that an undertaking, namely:

The construction, operation, and maintenance of an emergency drinking water well at a new municipal well site located at 32 Jane Street, Township of Brock; a new modular treatment system to treat the drinking water; a new gravel access road; and a new 400 millimeter (mm) watermain connecting the drinking water well to the modular treatment system, and the modular treatment system to an existing 400 mm watermain (together the emergency well)

be declared not subject to the Environmental Assessment Act (Act) pursuant to section 3.2 of the Act; and

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

  1. The Sunderland Drinking Water System in the Township of Brock is solely relying on one drinking water well after the second drinking water well was taken out of service in May 2017. There is not a backup in the event of a well failure. Durham Region is proposing to install an emergency well at a different location to ensure a reliable and potable drinking water supply to the Sunderland community within the Township of Brock, until a permanent solution can be implemented.
  2. The first drinking water well is located immediately adjacent to the second drinking water well and may be susceptible to the same impacts that resulted in the well being taken out of service.
  3. Requiring the emergency well to meet the requirements of the Act will delay the construction and operation of the emergency well, posing a risk of loss of drinking water service to approximately 1,425 residents.
  4. If a declaration order is not granted, and the first well fails, the community of Sunderland would be without a potable water supply for an extended period. Durham Region has indicated that it would be required to restrict water use, and that a boil water advisory would likely be in effect until such time that a new municipal well is commissioned.

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 is of the opinion that it is in the public interest to declare and declares that the undertaking is not subject to the application of the Act for the following reason(s):

  1. The establishment of the emergency well is necessary to provide the community of Sunderland with a reliable and potable drinking water service.
  2. The emergency well can be constructed before a well failure occurs, preventing the loss of drinking water services to the community of Sunderland.
  3. Under the Act, the establishment of a new well on a new well site is subject to the Schedule B procedures of the Municipal Engineers Association’s Municipal Class Environmental Assessment, which would take up to a year to complete. The emergency well could be constructed and operated within three months as a result of this order.
  4. A long-term solution for the Sunderland Drinking Water System will be investigated by Durham Region through the procedures of the Municipal Engineers Association’s Municipal Class Environmental Assessment.
  5. The conditions set out below will ensure that the undertaking is implemented in an appropriate manner and that the environment will be protected during the construction, operation, and maintenance of the emergency well.
  6. Durham Region has consulted with the ministry, local conservation authority, and adjacent land owners, and will provide notice to any affected members of the public and affected local municipalities.
  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 Environmental Assessment and Permissions Branch, Ministry of the Environment and Climate Change.

      “Emergency Well” means the temporary drinking water well to be constructed, operated and maintained at 32 Jane Street in the Township of Brock.

    2. Durham Region shall implement the emergency well undertaking in accordance with the conditions set out in this order.
    3. All other subsequent permits and approvals must be obtained before the construction of the emergency well undertaking can commence.
    4. Durham Region shall report to the Director how all conditions have been addressed.
    5. The rated capacity of the Sunderland Drinking Water System shall not be increased as a result of this order.  Should Durham Region require an increase in the rated capacity of the Sunderland Drinking Water System, Durham Region shall undertake any applicable environmental assessment process for the proposed increase.
  2. Class Environmental Assessment
    1. Durham Region shall initiate a class environmental assessment under the Schedule B procedures of the Municipal Engineers Association’s Municipal Class Environmental Assessment for the long-term drinking water supply for the Sunderland Drinking Water System within three months of this order being made or such other date as agreed to in writing by the Director.
    2. Durham Region shall publish the Notice of Completion for the Sunderland Drinking Water System class environmental assessment by December 31, 2020 or such other date as agreed to in writing by the Director.
  3. Notification
    1. Prior to construction, Durham Region shall provide notice to any affected local members of the public, and affected local municipalities.
  4. Submission of Documents
    1. Durham 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 5 and 6 in this order shall be posted on Durham Region’s website for the public record.
  5. Mitigation Plan
    1. Durham Region shall prepare and implement a Mitigation Plan for the construction, operation, and maintenance of the emergency well. The plan will include commitments by Durham Region to mitigate impacts related to: noise, construction traffic, mudtracking, operating hours, construction duration, greenhouse gas emissions from idling equipment, erosion, sedimentation, dewatering, stormwater management, and other identified impacts. 
    2. Durham Region shall submit the Mitigation Plan to the Director prior to the start of construction of the emergency well undertaking.
    3. The Director may require Durham Region to amend the Mitigation Plan at any time.  Should an amendment be required, the Director will notify Durham Region in writing of the required amendment and date by which the amendment must be completed and implemented.
  6. Complaints Protocol
    1. Durham Region shall prepare and implement a Complaints Protocol that sets out how it will address and respond to complaints from construction regarding the emergency well undertaking.
    2. Durham Region shall submit the Complaints Protocol to the Director prior to the start of construction of the emergency well undertaking or such other date as agreed to in writing by the Director.
    3. The Director may require Durham Region to amend the Complaints Protocol at any time.  Should an amendment be required, the Director will notify Durham Region in writing of the required amendment and date by which the amendment must be completed and implemented.
  7. Archaeological Assessment
    1. Durham Region shall meet the requirements under the Heritage Act, including the preparation of any archaeological assessments, prior to construction.
  8. Source Protection
    1. Durham Region shall identify the preliminary wellhead protection area mapping and scoring for the emergency well in accordance with the Technical Rules established under the Clean Water Act, 2006, and shall submit this information to the Lake Simcoe Region Source Protection Authority within six months of this order being made or by such date as agreed to in writing by the Director of the Source Protection Programs Branch. The information will be included in a future amendment of the local source protection plan. Durham Region shall work with the Lake Simcoe Source Protection Authority to ensure the plan is amended in a timely manner. 
  9. Water Conservation
    1. Durham Region shall immediately implement water conservation measures to achieve efficient use of water resources in the Sunderland Drinking Water System.
       

Dated the 10 day of April 2018 at Toronto.

[Original Signed by]
Chris Ballard
Minister of the Environment and Climate Change

Approved by O.C. No__________/__________
Date O.C. Approved: ______________

Environmental Assessment and Permissions Branch Contact: Callee Robinson
Telephone No 416-314-0286

EA File No: 17082

Order in Council 792/2018