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HomeMy WebLinkAboutDTS-07-161 - Selection of Source Protection CommitteeDev~fopme-rt & Techntca~Servlces REPORT Report To: Development & Technical Services Committee Date of Meeting: October 15, 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: October 9, 2007 Report No.: DTS-07-161 Subject: SELECTION OF SOURCE PROTECTION COMMITTEE REPRESENTATIVE FOR WATERLOO REGION RECOMMENDATION: That the City of Kitchener support delegation of authority to Regional Council to select the Source Protection Committee member for the Region of Waterloo in accordance with the approach outlined in Waterloo Region Report E-07-102 dated September 25, 2007, attached to Report DTS-07-161. 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 Act will be implemented under the direction of Source Protection Committees that will be established for each source protection area or region. 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. 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 comprised of stakeholders representing a broad range of interests, including municipalities. The Lake Erie Source Protection Committee is now looking to appoint a municipal representative from Waterloo Region. The Regional Municipality of Waterloo is requesting that local municipalities delegate the selection process of the one representative to Regional Council and it is proposed that Thomas Schmidt, Commissioner of Transportation and Environmental Services be appointed as that representative. REPORT: The Clean WaterAct and related regulations require that the member for Waterloo Region must be selected jointly by municipal council resolutions of Region of Waterloo and local municipalities. Given that the Region of Waterloo is directly responsible for supplying drinking water, and has water protection, treatment and storage by-law making authority in the Municipal Act, there is merit in having a member of Regional staff as this area's municipal representative. The Region acknowledges that local municipalities have an interest and a role to play in the implementation of the Clean WaterAct. As a result the Region is undertaking to provide regular updates and to coordinate all local municipal comments and concerns. This level of participation is satisfactory and perhaps the only viable option given that there can be only one municipal representative from Waterloo Region. Additional details on how the Source Protection Committee will operate and how local municipalities will be involved are outlined in Waterloo Region Report E-07-102, attached as Appendix "A". 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. Staff will continue to monitor the need for the City of Kitchener to participate in Regional Communications orto develop its own communications plans as the process evolves. 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. Staff support the approach outlined in Waterloo Region Report E-07-102. Alain Pinard, MA, MCIP, RPP Jeff Willmer, MCIP, RPP Manager of Long Range and Policy Planning Director of Planning List of Attachments Appendix "A" -Waterloo Region Report E-07-102 2 ,.~ APPENDIX "A" REGION OF WATERLOO Report: E-07-102 TRANSPORTATION AND ENVIRONMENTAL SERVICES Water Services T0: Chair Jim Wideman and Members of the Planning and Works Committee DATE: September 25, 2007 FILE CODE: C04-301P&W/UUS.07 SUBJECT: APPROACH TO SELECTION OF REGION MEMBER TO LAKE ERIE SOURCE PROTECTION COMMITTEE RECOMMENDATION: THAT the Regional Municipality of Waterloo adopt the approach to selecting a member of the Lake Erie Region Source Protection Committee as outlined in Report E-07-102 dated September 25, 2007; AND THAT the Region of Waterloo forward this report to Local Municipalities and request they provide council resolutions designating the Region of Waterloo with the authority to select the Source Protection Committee member for Waterloo Region; AND FURTHER THAT the Region of Waterloo support the approach to coordinating communication with local municipalities during development of the Source Protection Plan for Waterloo Region as outlined in Report E-07-102 dated September 25, 2007. SUMMARY: The Clean WaterAct and related regulations require the Grand River Source Protection Authority to select members of a Source Protection Committee forthe Lake Erie Source Protection Region to develop awatershed-based source protection plan for the Grand River watershed. The member for Waterloo Region must be selected jointly by municipal council resolutions of Region of Waterloo and local municipalities. The regulations also require the municipal members to represent the "interests of municipalities". As the Region of Waterloo has water protection, treatment and storage by-law making authority in the Municipal Act and has demonstrated a commitment to source water protection, it is suggested that the Source Protection Committee memberfor Waterloo Region be a Region of Waterloo staff member, namely the Commissioner of Transportation and Environmental Services, and that Regional Council approve the member for the Source Protection Committee. Due to the number of organizations involved and the lengthy plan-development process, a communication strategy is needed to coordinate communication between the Region of Waterloo and local municipalities. As Water Services will be involved in all stages of development and implementation of the Source Protection Plan, it is proposed that Water Services staff initiate and coordinate this communication strategy. REPORT: The Clean Water Act requires municipalities and the Grand River Conservation Authority (GRCA) to participate in the development of watershed-based Source Protection Plan (SPP) for the Grand Page 1 of 4 September 25, 2007 Report: E-07-102 River watershed. The Act and regulations establish amultiple-year process that will require varying levels of municipal participation in each of the different stages of plan development. Promulgation of the Act and the finalizing of five regulations, which occurred on July 3, 2007, initiated the first stage of the process: establishment of a Source Protection Committees (SPC) whose role will be to develop the plan. An update on the process as it related to approval of the Water Resources Protection Strategy was provided to Regional Council in a report to Planning and Works Committee on August 14, 2007 (E07-076). Ontario Regulation 288/07 designated the Grand River Conservation Authority (GRCA) as the Grand River Source Protection Authority (SPA) and the lead conservation authority within the Lake Erie Source Protection Region (LESPR). Accordingly the SPA has sent several reports to the Regional and local municipal clerks concerning the process of selecting members of the SPC and identifying the specific actions and time frames for municipalities to respond if they want to participate in the selection process. Specifically, the SPC member for Waterloo Region must be selected jointly by municipal council resolutions of the Region of Waterloo (Region) and local municipalities. Accordingly a process is needed to enable this joint selection and facilitate communication between municipalities in Waterloo Region during both the selection process and all parts of the development and implementation of the Source Protection Plan. The purpose of this report is to both describe a process to enable selection of a SPC member for Waterloo Region and to initiate development of a communication strategy to ensure Region and local municipal interests are represented through thedevelopmentofthe SPP. The report includes a discussion of the specific legislated requirements needed to select the SPC and identifies the time frame inwhich council resolutionsonselection oftheSPC members areto be providedtotheSPA. Municipal Representation on Source Protection Committee The regulations specify a number of items relative to size, composition, process and timing for selection of the SPC and the responsibilities for the SPA in the SPC selection process for the LESPR including the following: • The SPC for the LESPR is to contain 22 members, including the chair. • Composition of the committee is to be split into thirds with one third of the members representing the interests of municipalities, one third representing the interests of agricultural, commercial or industrial sectors, and one third representing other interests including the general public. • The SPA is to divide the LESPR into groups for selection of municipal members and assign the number of members to be appointed for each group in consultation with municipalities. • The SPA is to appoint the members from a list of persons that is submitted jointly by the councils of the municipalities that are in the group. A letter was sent by the SPA to the Region on July 13, 2007 proposing that Regional Municipality of Waterloo and the seven local municipalities have one member of the SPC. This grouping and allocation was approved by the SPA on August 31, 2007. Municipalities are required to submit names of potential members to the SPA no later than 2 months following initial notice to municipalities which occurred on September 3, 2007. The SPA is required to appoint members to the SPC no later than 75 days following notice to municipalities or by November 17, 2007. The regulations stipulate that members of the SPC must meet the following criteria: • Person resides in, owns or rents land in, is employed in, operates a business in, or is employed by a municipality that is located in the source protection area or source protection region; and DOCS #412505 Page 2 of 4 September 25, 2007 Report: E-07-102 • Not a member (i.e. municipal representative) or employee of a conservation authority. The regulations also stipulate that SPC members are required to regularly attend meetings of the SPC, and must comply with the SPC's code of conduct and conflict of interest policy. The term of appointment for committee members is stipulated in the regulations to be three years, however, the regulations require staggered expiry dates for municipal, sector and other categories on the committee. For the seven members of the LESPC representing municipal interests, the following terms are required: • Three municipal memberappointments must expirewhennotice has been published of the approval of the first source protection plan within the Region which is anticipated to be in 2012 • Two municipal memberappointments mustexpire onthefirstanniversary ofthedate notice was published of the approval of the first source protection plan within the Region; and • Two municipal member appointments must expire on the second anniversary of the date notice was published of the approval of the first source protection plan within the Region As mentioned above, the regulations state that municipal members are to represent the "interests of municipalities" within the group defined by the SPA. Accordingly, staff suggest that the SPC member for the Waterloo Region group be a Region staff member, namely the Commissioner of Transportation and Environmental Services, and that this person be approved by Regional Council. The basis forthis is as follows: • The Region is involved in many projects across all parts of Waterloo Region and has responsibilities for many services across all local municipalities. • The Clean Water Act puts the onus for development of the source protection plan on municipalities with the authority to pass by laws respecting water protection, treatment and storage under the Municipal Act, 2001. This includes the opportunity to access Part IV of the Act (Regulation of Drinking Water Threats) including the appointment of risk management officials, inspectors, and related legal and administrative support to enforce related regulations. For Waterloo Region and its local municipalities, the Region of Waterloo has been designated the authority for these by laws. • The Region owns and operates the surface water intakes and wells that are the primary subject of development of the SPP; • The Region has been implementing a Water Resources Protection Strategy (WRPS) since 1994 demonstrating its commitment to source water protection; and • Staff from local municipalities have participated in the implementation of theWRPS through the Water Resources Protection Liaison Committee and have acknowledged Waterloo Region's responsibility for developing source protection plans and the shared municipal responsibility to implement these plans. To address the requirement that the SPC member is selected jointly, it is recommended that local municipalities delegate the selection of the SPC member to Regional Council by way of council resolutions. If there are representatives that local municipalities would like Regional Council to consider, then these names would need to be forwarded to Regional Council. A report recommending the preferred candidate will need to be approved at the October 16, 2007 Planning and Works Committee meeting in order to meet the limited selection time period specified in the regulations. Communication The roles and responsibilities ofdeveloping and implementing theSPPwill bedistributed between DOCS #412505 Page 3 of 4 September 25, 2007 Report: E-07-102 the SPC, SPA, Region and local municipalities. The level of participation of each of these groups will vary over the next five years for each of the SPC setup, terms of reference, assessment and plan development stages of the process. In addition, the SPC will determine how consultation on development of the plan will occur but the process for deciding on how this will occur will not be completed for another year. This will complicate communication on source protection plan development including communication with local municipalities. Currently, communication is occurring through a number of forms including the following: ~ the SPA sends formal correspondence required by the Clean WaterAcf to municipal clerks; • regional and local municipal staff participate on the SPA's current working groups (technical study project managers and/or planninglimplementation project managers} to discuss process and timing issues for the SPA and GRCA staff; ~ update reports by staff are provided to regional and/or local municipal councils, as appropriate, on process and project status and progress; and • municipal staff participate on the Region'sWater Resources Protection Liaison Committee to develop and discuss plan development and implementation specific to the Region's municipal intakes. Coordination of activities and ensuring that both councilors and staff are kept apprised of progress will be challenging. Only Water Services staff is anticipated to be involved in all phases of study, plan development, and implementation as this is a core program area for the division whereas most local municipal participation will be focused to the plan development stage. Therefore it is recommended that Water Services staff take the initiative to coordinate communication with local municipalities. Ideally, local municipal comments and concerns regarding the process, or desire to participate on SPA-lead initiatives would be channeled through the Region, either through local council resolutions or directly to staff. This will ensure that Region staff are aware of local municipal issues, can coordinate this input into the development of the Region's plans, and ensure the member of the SPC is aware of activities and issues. Similarly, activities and progress on the Region's projects would be provided to local councilors through reports to Regional Council and direct staff-to-staff discussions. It is also preferable that a primary point(s) of contact be established for local municipalities and that this persons} is the one most likely to participate in the plan development stage of the process. CORPORATE STRATEGIC PLAN: Development of a Source Protection Plan protects and enhances the quantity and quality of local water resources which supports 2004-2006 Corporate Strategic Focus Area 3: Protect and Enhance the Environment. FINANCIAL IMPLICATIONS: NIL OTHER DEPARTMENT CONSULTATIONSICONCURRENCE: The Region's Planning Housing and CommunityServices Department participates onthe Region's project team for implementing the Clean Water Act and one of the SPA's current working groups. Both this department and Public Health are members of the Water Resources Protection Liaison Committee. PREPARED BY: Eric Hodgins, Manager Hydrogeology and Source Water APPROVED BY: Thomas Schmidf, Commissioner Transportation and Environmental Services DOCS #412505 Page 4 of 4 ,.~ APPENDIX "A" REGION OF WATERLOO Report: E-07-102 TRANSPORTATION AND ENVIRONMENTAL SERVICES Water Services T0: Chair Jim Wideman and Members of the Planning and Works Committee DATE: September 25, 2007 FILE CODE: C04-301P&W/UUS.07 SUBJECT: APPROACH TO SELECTION OF REGION MEMBER TO LAKE ERIE SOURCE PROTECTION COMMITTEE RECOMMENDATION: THAT the Regional Municipality of Waterloo adopt the approach to selecting a member of the Lake Erie Region Source Protection Committee as outlined in Report E-07-102 dated September 25, 2007; AND THAT the Region of Waterloo forward this report to Local Municipalities and request they provide council resolutions designating the Region of Waterloo with the authority to select the Source Protection Committee member for Waterloo Region; AND FURTHER THAT the Region of Waterloo support the approach to coordinating communication with local municipalities during development of the Source Protection Plan for Waterloo Region as outlined in Report E-07-102 dated September 25, 2007. SUMMARY: The Clean WaterAct and related regulations require the Grand River Source Protection Authority to select members of a Source Protection Committee forthe Lake Erie Source Protection Region to develop awatershed-based source protection plan for the Grand River watershed. The member for Waterloo Region must be selected jointly by municipal council resolutions of Region of Waterloo and local municipalities. The regulations also require the municipal members to represent the "interests of municipalities". As the Region of Waterloo has water protection, treatment and storage by-law making authority in the Municipal Act and has demonstrated a commitment to source water protection, it is suggested that the Source Protection Committee memberfor Waterloo Region be a Region of Waterloo staff member, namely the Commissioner of Transportation and Environmental Services, and that Regional Council approve the member for the Source Protection Committee. Due to the number of organizations involved and the lengthy plan-development process, a communication strategy is needed to coordinate communication between the Region of Waterloo and local municipalities. As Water Services will be involved in all stages of development and implementation of the Source Protection Plan, it is proposed that Water Services staff initiate and coordinate this communication strategy. REPORT: The Clean Water Act requires municipalities and the Grand River Conservation Authority (GRCA) to participate in the development of watershed-based Source Protection Plan (SPP) for the Grand Page 1 of 4 September 25, 2007 Report: E-07-102 River watershed. The Act and regulations establish amultiple-year process that will require varying levels of municipal participation in each of the different stages of plan development. Promulgation of the Act and the finalizing of five regulations, which occurred on July 3, 2007, initiated the first stage of the process: establishment of a Source Protection Committees (SPC) whose role will be to develop the plan. An update on the process as it related to approval of the Water Resources Protection Strategy was provided to Regional Council in a report to Planning and Works Committee on August 14, 2007 (E07-076). Ontario Regulation 288/07 designated the Grand River Conservation Authority (GRCA) as the Grand River Source Protection Authority (SPA) and the lead conservation authority within the Lake Erie Source Protection Region (LESPR). Accordingly the SPA has sent several reports to the Regional and local municipal clerks concerning the process of selecting members of the SPC and identifying the specific actions and time frames for municipalities to respond if they want to participate in the selection process. Specifically, the SPC member for Waterloo Region must be selected jointly by municipal council resolutions of the Region of Waterloo (Region) and local municipalities. Accordingly a process is needed to enable this joint selection and facilitate communication between municipalities in Waterloo Region during both the selection process and all parts of the development and implementation of the Source Protection Plan. The purpose of this report is to both describe a process to enable selection of a SPC member for Waterloo Region and to initiate development of a communication strategy to ensure Region and local municipal interests are represented through thedevelopmentofthe SPP. The report includes a discussion of the specific legislated requirements needed to select the SPC and identifies the time frame inwhich council resolutionsonselection oftheSPC members areto be providedtotheSPA. Municipal Representation on Source Protection Committee The regulations specify a number of items relative to size, composition, process and timing for selection of the SPC and the responsibilities for the SPA in the SPC selection process for the LESPR including the following: • The SPC for the LESPR is to contain 22 members, including the chair. • Composition of the committee is to be split into thirds with one third of the members representing the interests of municipalities, one third representing the interests of agricultural, commercial or industrial sectors, and one third representing other interests including the general public. • The SPA is to divide the LESPR into groups for selection of municipal members and assign the number of members to be appointed for each group in consultation with municipalities. • The SPA is to appoint the members from a list of persons that is submitted jointly by the councils of the municipalities that are in the group. A letter was sent by the SPA to the Region on July 13, 2007 proposing that Regional Municipality of Waterloo and the seven local municipalities have one member of the SPC. This grouping and allocation was approved by the SPA on August 31, 2007. Municipalities are required to submit names of potential members to the SPA no later than 2 months following initial notice to municipalities which occurred on September 3, 2007. The SPA is required to appoint members to the SPC no later than 75 days following notice to municipalities or by November 17, 2007. The regulations stipulate that members of the SPC must meet the following criteria: • Person resides in, owns or rents land in, is employed in, operates a business in, or is employed by a municipality that is located in the source protection area or source protection region; and DOCS #412505 Page 2 of 4 September 25, 2007 Report: E-07-102 • Not a member (i.e. municipal representative) or employee of a conservation authority. The regulations also stipulate that SPC members are required to regularly attend meetings of the SPC, and must comply with the SPC's code of conduct and conflict of interest policy. The term of appointment for committee members is stipulated in the regulations to be three years, however, the regulations require staggered expiry dates for municipal, sector and other categories on the committee. For the seven members of the LESPC representing municipal interests, the following terms are required: • Three municipal memberappointments must expirewhennotice has been published of the approval of the first source protection plan within the Region which is anticipated to be in 2012 • Two municipal memberappointments mustexpire onthefirstanniversary ofthedate notice was published of the approval of the first source protection plan within the Region; and • Two municipal member appointments must expire on the second anniversary of the date notice was published of the approval of the first source protection plan within the Region As mentioned above, the regulations state that municipal members are to represent the "interests of municipalities" within the group defined by the SPA. Accordingly, staff suggest that the SPC member for the Waterloo Region group be a Region staff member, namely the Commissioner of Transportation and Environmental Services, and that this person be approved by Regional Council. The basis forthis is as follows: • The Region is involved in many projects across all parts of Waterloo Region and has responsibilities for many services across all local municipalities. • The Clean Water Act puts the onus for development of the source protection plan on municipalities with the authority to pass by laws respecting water protection, treatment and storage under the Municipal Act, 2001. This includes the opportunity to access Part IV of the Act (Regulation of Drinking Water Threats) including the appointment of risk management officials, inspectors, and related legal and administrative support to enforce related regulations. For Waterloo Region and its local municipalities, the Region of Waterloo has been designated the authority for these by laws. • The Region owns and operates the surface water intakes and wells that are the primary subject of development of the SPP; • The Region has been implementing a Water Resources Protection Strategy (WRPS) since 1994 demonstrating its commitment to source water protection; and • Staff from local municipalities have participated in the implementation of theWRPS through the Water Resources Protection Liaison Committee and have acknowledged Waterloo Region's responsibility for developing source protection plans and the shared municipal responsibility to implement these plans. To address the requirement that the SPC member is selected jointly, it is recommended that local municipalities delegate the selection of the SPC member to Regional Council by way of council resolutions. If there are representatives that local municipalities would like Regional Council to consider, then these names would need to be forwarded to Regional Council. A report recommending the preferred candidate will need to be approved at the October 16, 2007 Planning and Works Committee meeting in order to meet the limited selection time period specified in the regulations. Communication The roles and responsibilities ofdeveloping and implementing theSPPwill bedistributed between DOCS #412505 Page 3 of 4 September 25, 2007 Report: E-07-102 the SPC, SPA, Region and local municipalities. The level of participation of each of these groups will vary over the next five years for each of the SPC setup, terms of reference, assessment and plan development stages of the process. In addition, the SPC will determine how consultation on development of the plan will occur but the process for deciding on how this will occur will not be completed for another year. This will complicate communication on source protection plan development including communication with local municipalities. Currently, communication is occurring through a number of forms including the following: ~ the SPA sends formal correspondence required by the Clean WaterAcf to municipal clerks; • regional and local municipal staff participate on the SPA's current working groups (technical study project managers and/or planninglimplementation project managers} to discuss process and timing issues for the SPA and GRCA staff; ~ update reports by staff are provided to regional and/or local municipal councils, as appropriate, on process and project status and progress; and • municipal staff participate on the Region'sWater Resources Protection Liaison Committee to develop and discuss plan development and implementation specific to the Region's municipal intakes. Coordination of activities and ensuring that both councilors and staff are kept apprised of progress will be challenging. Only Water Services staff is anticipated to be involved in all phases of study, plan development, and implementation as this is a core program area for the division whereas most local municipal participation will be focused to the plan development stage. Therefore it is recommended that Water Services staff take the initiative to coordinate communication with local municipalities. Ideally, local municipal comments and concerns regarding the process, or desire to participate on SPA-lead initiatives would be channeled through the Region, either through local council resolutions or directly to staff. This will ensure that Region staff are aware of local municipal issues, can coordinate this input into the development of the Region's plans, and ensure the member of the SPC is aware of activities and issues. Similarly, activities and progress on the Region's projects would be provided to local councilors through reports to Regional Council and direct staff-to-staff discussions. It is also preferable that a primary point(s) of contact be established for local municipalities and that this persons} is the one most likely to participate in the plan development stage of the process. CORPORATE STRATEGIC PLAN: Development of a Source Protection Plan protects and enhances the quantity and quality of local water resources which supports 2004-2006 Corporate Strategic Focus Area 3: Protect and Enhance the Environment. FINANCIAL IMPLICATIONS: NIL OTHER DEPARTMENT CONSULTATIONSICONCURRENCE: The Region's Planning Housing and CommunityServices Department participates onthe Region's project team for implementing the Clean Water Act and one of the SPA's current working groups. Both this department and Public Health are members of the Water Resources Protection Liaison Committee. PREPARED BY: Eric Hodgins, Manager Hydrogeology and Source Water APPROVED BY: Thomas Schmidf, Commissioner Transportation and Environmental Services DOCS #412505 Page 4 of 4