Accelerated Development with the Risk of Environmental Violations

  • October 30, 2023
  • Aditi Kara

Background

To meet the growing housing demands, the Ministry of Environment, Conservation and Parks ("Ministry") has been undertaking extensive consultation regarding the Environment Protection Act ("EPA") and Ontario Water Resource Act ("OWRA") ("Acts") concerning dewatering construction sites. It proposes to 

  1. replace the existing requirement that instructs the developers to acquire a Permit to Take Water ("PTTW") with the requirement to self-register on the Environmental Activity and Sector Registry (“EASR") under EPA for the taking of groundwater or stormwater; and
  2. increase the groundwater taking limit from a construction site from 50,000 litres to 400,000 litres per day, provided they meet all other current eligibility requirements.

The intent is to aid developers and municipalities trying to meet Ontario's Housing Supply Action Plan 2022-2023 goals.

When land is undergoing development, it is stripped of topsoil and vegetation, and its drainage patterns are altered until final site stabilization. Monitoring in the Greater Toronto Area shows that total suspended solid (TSS) concentrations in untreated runoff from construction sites can be up to thirty times greater than in stabilized residential areas.[1] If the Ministry's proposed regulation is approved, the development corporations will have the opportunity to accelerate their projects; along with the responsibility to plan the release of such untreated water. 

Its unplanned release could have significant consequences, such as changes to the local water balance, resulting in altered hydrological regimes for the water features the site drains. Moreover, when this sediment is released to a natural water body like a stream, lake or wetland, it will increase the turbidity of the water and settle out of suspension and become deposited on the bed. Both outcomes can harm aquatic ecosystems, as many studies have documented.[2]

Aquatic ecosystems in Ontario are already vulnerable to the impacts of climate change.[3] Additional stressors, such as an unprecedented amount of water extraction without regulatory supervision and discharge without mandate or guideline, may accelerate already anticipated water scarcity. If water from construction sites is discharged improperly, it may lead to damage to the environment and a violation of the Acts.