The purpose of this information notice is to advise the public that the Assessment Report document, prepared for the Ausable Bayfield Source Protection Area in accordance with section 15 of the Clean Water Act, 2006, has been approved by the Director.
This notice is being published as an information notice on the Environmental Registry, as required under section 18 of the Clean Water Act, 2006, and is for your information only.
The purpose of the Clean Water Act, 2006 is to protect existing and future sources of drinking water, as part of an overall commitment to human health and the environment.
The Act requires the preparation of an Assessment Report to assess the vulnerability of and identify threats to sources of drinking water. The assessment report was developed in accordance with the Minister of the Environment approved Terms of Reference, the Clean Water Act, 2006, Ontario Regulation 287/07 (General) and the Technical Rules: Assessment Report (November 2009).
Assessment Reports are being prepared for each of the 38 source protection areas in the province. The Clean Water Act, 2006 (subsection 17(2)) sets out that the Director shall make a decision on each of the 38 Assessment Reports.
Section 18 of the Clean Water Act, 2006 requires that “As soon as reasonably possible after an assessment report is approved by the Director, the Director shall publish a notice of the approval on the environmental registry established under the Environmental Bill of Rights, 1993”.
Once the Assessment Report is approved by the Director, Source Protection Committees will proceed to develop the Source Protection Plan. Source Protection Plans will set out policies to manage the risks posed by land use activities to sources of drinking water identified in the assessment reports. Source Protection Plans are to be submitted to the Minister of the Environment no later than August 20, 2012.
When making a decision on the submitted Assessment Report, the Director considered whether legislative requirements were met and how the Source Protection Committee considered comments received from the public, municipalities, band councils and other stakeholders.
During preparation of the Assessment Report, the Source Protection Committee consulted with the public through three consultation periods. The first was a 35-day consultation period on a draft proposed Assessment Report, which included a public meeting. The Source Protection Committee is required to consider any comments submitted during this first public consultation period and to incorporate these comments, as necessary, into a revised document called the proposed Assessment Report. This proposed document was then posted for the second consultation period for 30-days.
The Act requires the submission of the proposed Assessment Report to the Director, along with any public comments received during this second public consultation period, any comments the Source Protection Authority wishes to make, as well as a summary of any unresolved comments made by municipalities and First Nation bands during the first consultation period on the assessment report.
During the first round of consultation on the draft proposed Assessment Report for the Ausable Bayfield Source Protection Area, the public provided comments that were considered by the Source Protection Committee.
During the second consultation on the proposed report, one letter was received from a municipality providing specific local details on technical aspects of work undertaken. This was given due consideration by the Director in making a first decision on the proposed Assessment Report.
Based on the review and analysis of the proposed Assessment Report, including consideration of whether all legislative requirements as set out in the Act, associated regulation and Director's Technical Rules were followed during preparation of the proposed AR, it was determined that the report was non-compliant with the Technical Rules. The Director returned the proposed Assessment Report to the Source Protection Authority directing that amendments be made to the report, that new or updated technical work be added to the AR, and that public consultation be held, as appropriate.
The Source Protection Committee held a third round of consultation to provide the public with an opportunity to comment on the amendments made as a result of the Director’s directions as well as on the new updated information included in the proposed report. No comments were received during the 30-day consultation period.
There were no unresolved comments on the amended proposed Assessment Report for the Ausable Bayfield Source Protection Area.
The amended proposed Assessment Report was resubmitted on May 27, 2011 to the ministry for Director’s consideration.
The resubmitted amended proposed Assessment Report for the Ausable Bayfield Source Protection Area has addressed all of the concerns originally raised and satisfactorily addressed the legislative and regulatory requirements as set out in the Clean Water Act, 2006, Ontario Regulation 287/07 (General), and the Technical Rules: Assessment Report (November 2009).
The amended proposed Assessment Report has been approved, as resubmitted.