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Call
for Source Water Protection Volunteers
The Ontario Stone, Sand & Gravel Association (OSSGA) is requesting
volunteers to represent the aggregate industry on the
Qualifications:
- An
understanding of the local aggregate industry and operations (i.e.,
a pit or quarry manager),
- an
appreciation for the local community and good interpersonal skills,
- A
technical background in water resources is not necessary, but
would be an asset.
OSSGA
will provide training materials and ongoing technical support to
the successful candidate so they can participate in a meaningful
way.
Background
Mississippi Rideau Source Protection Committee
The Clean Water Act requires Source Protection Committees
(SPCs) to prepare a Terms of Reference, an Assessment Report and
a Source Protection Plan for their Source Protection Region to protect
municipal drinking water sources. SPCs comprise representatives
from local municipalities, industry and the public, and are required
to identify, assess and address risks to drinking water within the
municipal wellhead and intake protection areas.
A key
focus of the Clean Water Act is that the Assessment Reports
and Source Protection Plans are science-based and locally developed
and delivered.
Meetings
are generally held once a month at a variety of locations, including
Manotick,
Carleton Place, Ottawa, Perth and Smiths Falls.
Ontario
Low Water Response Plan
The Ontario Low Water Response Plan (OLWR) was developed in
1999, implemented in 2000 and revised in 2003 to ensure that provincial
and local authorities are advised of and prepared to take action
in the event of low water conditions in provincial watersheds. Three
water level conditions, Levels I, II and III, are defined using
specific precipitation and streamflow indicators.
The
role of the Low Water Response Team is to provide leadership and
direction to conservation authorities and provincial agencies in
the event of low water conditions.
Please
forward your expression of interest and qualifications to OSSGA
Environment & Resources Manager Jessica
Annis.

Implementation
of the Endangered Species Act, 2007
With respect to the The
Endangered Species Act, 2007 (ESA), which came into
effect June 30, 2008, the Ontario Stone, Sand & Gravel Association
(OSSGA) recommends the following:
- Operators
in possession of a licence, wayside permit and/or aggregate permit
initiate field work assessments in the near future so that, if
necessary, they may apply for and obtain approvals for regulation
agreements pursuant to the Ontario Regulation 232/08, prior to
the June 30, 2010 deadline.
- When
planning a new pit or quarry, applicants obtain the best available
information to determine if the proposed project will have any
adverse effects on protected species and/or the habitat of protected
species.
The
ESA establishes obligations for landowners, including permit
and licence holders, when planning or conducting activities on the
land, including aggregate extraction and rehabilitation, that may
have adverse effects on protected species and/or the habitat of
protected species.
Key
Components
- Pursuant
to Ontario
Regulation 230/08 Species at Risk in Ontario List, the ESA
establishes the Species
at Risk in Ontario (SARO) List. The SARO List identifies species
that have been assessed and classified as extirpated, endangered
or threatened by the Committee
on the Status of Species at Risk in Ontario (COSSARO).
- Section
9 of the ESA establishes prohibitions against killing,
harming, harassing, capturing, possessing, transporting, collecting,
buying and selling, leasing, trading or offering to buy, sell,
lease or trade extirpated, endangered and threatened species as
identified on the SARO List.
- Section
10 of the ESA establishes prohibitions against damaging
or destroying the habitat of extirpated, endangered or threatened
species as identified on the SARO List.
The
ESA provides flexibility through provisions which enable
the use of regulation agreements, permits and regulations to authorize
activities which would otherwise be prohibited. Aggregate activities
that will adversely effect protected species or the habitat of protected
species cannot proceed until an authorization under the ESA
has been obtained. Activities on all or part of a site that do not
adversely affect protected species or the habitat of protected species
may continue.
Implementation
Transition
Ontario
Regulation 242/08 General articulates how transition and other
issues are to be addressed and provides aggregate operators an opportunity
to enter into regulation agreements with the Ministry of Natural
Resources (MNR) provided that the operator is in possession of a
permit or licence granted pursuant to the Aggregate Resources
Act that was approved prior to June 30, 2008, and the stewardship
agreement is approved prior to June 30, 2010.
Stewardship
Agreements
Operators of qualifying pits or quarries may enter into a stewardship
agreement with the Minister of Natural Resources to allow continued
operation, provided that in the opinion of the Minister:
-
The agreement requires the person who operates the pit or quarry
to take reasonable steps to minimize adverse effects on the species;
-
If the agreement is complied with, the operation of the pit or
quarry will not jeopardize the survival or recovery of the species
in Ontario; and,
-
The agreement does not conflict with the obligation of the Minister
to ensure the implementation of any action that the provincial
government intends to take in response to the recovery strategy
for the species.
Regulation
agreements may contain multiple species and can be negotiated for
any length of time. Pits or quarries subject to a stewardship agreement
will not require a permit for those species or areas of habitat
that are described in the regulation agreement.
Permits
Subsequent to June 30, 2010, if an adverse effect to a protected
species or the habitat of a protected species (that is not identified
in an approved regulation agreement) is identified as being caused
by an activity on the site and it cannot be avoided, operators will
be required to apply for and obtain a permit pursuant to Ontario
Regulation 232/08 prior to the activity continuing/taking place.
To
obtain a permit pursuant to Ontario Regulation 232/08, an applicant
must demonstrate that:
-
An overall benefit to the species will be achieved within a reasonable
time through requirements imposed by the conditions of the permit;
-
Reasonable alternatives have been considered, including alternatives
that would not adversely affect the species and the best alternative
has been adopted; and,
-
Reasonable steps to minimize adverse effects on individual members
of the species are required by conditions of the permit.
Information
The Natural Heritage
Information Centre (NHIC) is the provincial government's central
database for reported sightings of species at risk. Applicants and
landowners are being encouraged by MNR to use the NHIC to research
documented occurrences of species at risk, with the understanding
that the database does not represent a complete record of all species
at risk occurrences in Ontario. The NHIC database is routinely updated
when new information becomes available.
Since
comprehensive mapping of the habitat of most extirpated, endangered
and threatened species is not available, applicants and landowners
are encouraged to carry out a preliminary ecological site assessment
to determine if there is a potential occurrence of a protected species
or protected habitat on their lands, before carrying out an activity
that may contravene the ESA.
Application
Review Process
Timelines
The timelines associated with obtaining a regulation agreement
or permit will vary, depending on the complexity of the application.
Currently, it takes a minimum of three months to acquire a regulation
agreement or permit.
Other
Approvals
Regulation agreements and permits involving protected species or
the habitat of protected species on Crown land or protected animals
on private land are subject to MNR's Class Environmental Assessment
for Resource Stewardship and Facility Development. In more complex
cases, there may be additional requirements (i.e., consultation)
under MNR's Class Environmental Assessment.
Costs
Currently, MNR is not charging a fee to review or process regulation
agreements or permits pursuant to Ontario Regulation 232/08. Costs
associated with site assessment, inventory, monitoring or assessment
work, and to comply with the conditions of approved regulation agreements
and permits are the responsibility of the applicant.
Enforcement
In general, MNR staff does not have rights of entry onto private
property. Exceptions include the authority granted to enforcement
officers to enter for certain enforcement actions and to ensure
compliance with a regulation agreement or permit granted pursuant
to Ontario Regulation 232/08.
Existing
Licences/Permits
Terms and conditions of existing licence/permits and/or site plans
relating to the protection of protected species and the habitat
of protected species do not exempt operators from the obligations
imposed by the ESA.
Legal
Obligations
The ESA does not obligate landowners, including operators,
to report species at risk on their property. However, alerting MNR
of an occurrence of a protected species and/or protected habitat
and undertaking discussions with staff can help ensure that current
or future activities on your property will not result in an adverse
effect on the species, which is an offence under the ESA.
Funding
If you discover a species at risk on your property and are interested
in undertaking an activity that benefits the species, you may be
eligible for funding under the MNR Species at Risk Stewardship Fund.
Transparency
Most agreements and permits will be posted on the Environmental
Registry, pursuant to the Environmental Bill of Rights.
For
more information, please visit Species
at Risk - MNR or contact the Natural Resources Information Centre
at 1(800) 667-6072 or mnr.nric@ontario.ca.

Bill
167: Proposed Toxics Reduction Act, 2009
The Ontario Stone, Sand & Gravel Association (OSSGA) has been
following the development of Bill 167, the proposed Toxics Reductions
Act, 2009 as it progresses through the legislative review and
public consultation process.
Bill
167 establishes a framework for the reduction of the use and emissions
of toxics by industry. If passed as currently drafted, Bill 167
would require facilities, identified in Regulation, to:
- Track
and quantify the toxic substances used and created at the facility;
- Prepare
a toxic substance reduction plan for each toxic substance used
or created at the facility, and have the plan certified both by
the highest ranking employee at the facility with management responsibilities
and by a proposed toxics reduction planner;
-
Prepare summaries of the plans and make them available to the
public in accordance with regulations;
-
Report to the Ministry of the Environment (MOE) on their progress
in reducing toxic substances and make certain information available
to the public in accordance with regulations; and,
-
Report to MOE on any substances of concern used or created at
the facility (likely to be a one-time information gathering exercise).
The
MOE, through its Discussion Paper - "Creating Ontario's Toxics
Reduction Strategy", released in August 2008, proposed to exempt
the aggregates industry from the application of legislative requirements
of the provincial government's Toxics Reduction Strategy, but it
has recently come to the OSSGA's attention that there is a chance
the industry may be captured by subsequent Regulations and subject
to the Act. The OSSGA
is working with the Toxics Reduction Team at MOE, which is responsible
for implementing the Strategy. The OSSGA has made it clear to MOE
that this is a duplication of process and that the industry should
be exempt as proposed by MOE in the Discussion Paper.
Bill
167 Received First Reading on April 7, Second Reading on May 5,
and was referred to the Standing Committee on General Government
for public consultation. Bill 167 is posted on the EBR. The submission
deadline is May 7.
Comments
are welcome on the proposed legislation through the EBR, Registry
Number: 010-6224 (the OSSGA has submitted written comments May 4).
However, Bill 167, as currently drafted, does not identify the facilities
that will be subject to the Act. These will be identified in Regulation.
The MOE has committed to further consultation with stakeholders
on the development of the Regulations.
The
OSSGA will be closely monitoring the development of the proposed
Act and subsequent Regulations, and will notify members of any significant
developments of this initiative that may affect the industry.
For
more information, please contact Jessica
Annis.

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