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HomeMy WebLinkAboutDTS-07-031 - Implementation Of The Clean Water Act, 2006 And The Lake Erie Source Protection CommitteeREPORT Report To: Development & Technical Services Committee Date of Meeting: March 5, 2007 Submitted By: Jeff Willmer, Director of Planning Prepared By: Alain Pinard, Manager of Long Range and Policy Planning (741-2319) Ward(s) Involved: ALL WARDS Date of Report: February 14, 2007 Report No.: DTS-07-031 Subject: IMPLEMENTATION OF THE CLEAN WATER ACT, 2006 AND THE LAKE ERIE SOURCE PROTECTION COMMITTEE RECOMMENDATION: For information purposes only. BACKGROUND: The Clean Water Act, 2006 received Royal Assent on October 19, 2006. The purpose of the Act is to protect existing and future sources of drinking water. Many of the provisions of the Actwill be implemented under the direction of Source Protection Committees that will be established for each source protection area or region. Kitchener is located in the Lake Erie Source Protection Region that includes all lands under the jurisdiction of the Catfish Creek, Grand River, Kettle Creek and Long Point Region Conservation Authorities. The Grand River Conservation Authority (GRCA) has been appointed as the Source Protection Authority (the lead Conservation Authority responsible for administering the Source Protection Committee). Source Protection Committees are required to develop three pieces of documentation: (1) terms of reference, (2) an assessment report, and (3) a source protection plan. The Government of Ontario recently released a discussion paper on proposed regulations that would clarify the role of Source Protection Committees. The Grand River Conservation Authority submitted comments which are attached. REPORT: Source Protection Committees are envisioned to be made up of stakeholders representing municipalities, agriculture, landowners, and environmental organizations, the public at large and other groups. The discussion paper outlines how Source Protection Committees are intended to operate and asks specific questions on some of the governance issues. The Grand River Conservation Authority on behalf of all conservation authorities in the Lake Erie Source Protection Region submitted comments and suggestions in response to the discussion paper. The comments are generally constructive and it is hoped that they are given serious consideration prior to the regulations being finalized. Planning staff particularly supports the GRCA's request for protection from financial liability which may indirectly impact the City of Kitchener. Although these source water protection initiatives have a greater impact on upper-tier and single- tier municipalities who are directly responsible for supplying drinking water, lower-tier municipalities may be impacted, depending on the scope of the eventual source protection plan. It is possible that municipalities will have to amend their planning documents and/or revise practices and procedures that potentially affect source water (e.g. storm water management) in order to implement source protection plans. Staff will continue to monitor these initiatives in order to be ready to respond if necessary. The eventual regulations will be subject to a separate EBR posting. Staff will review the posting and report any concerns to Council. FINANCIAL IMPLICATIONS: No direct financial implications are anticipated at this time. COMMUNICATIONS: The City of Kitchener is not the lead organization on these initiatives and no corporate communications have taken place. This report was prepared in order to develop awareness of the Clean Water Act, 2006 and its implementation. The Grand River Conservation Authority has formed two groups of municipal representatives in order to disseminate information and receive input as the implementation of the Clean Water Act, 2006 evolves. The "Lake Erie Source Protection Water Services Project Managers" is composed of representatives from upper-tier and single- tier municipalities who are directly responsible for supplying drinking water, including staff from the Region of Waterloo. These municipalities are on the front line of the implementation and this group has been meeting regularly for almost one year. A second group is composed of planning officials from all municipalities in the source protection area. The City of Kitchener is represented by staff from the Planning Division. To date, the primary purpose of this group has been to distribute and share information. It is anticipated that this group will be more active during the preparation of the source protection plan. 2 CONCLUSION: The Clean Water Act, 2006 has mandated the formation of Source Protection Committees that will oversee the implementation of many aspects of the legislation, including the preparation of a source protection plan that may impact the City of Kitchener. Staff will continue to monitor these initiatives. Alain Pinard, MA, MCIP, RPP Manager of Long Range and Policy Planning List of Attachments Jeff Willmer, MCIP, RPP Director of Planning Grand River Conservation Authority response to EBR Posting 3