March 27, 2008

Portions of Ontario Water Resources Act frustrate contractors, delay projects

OSWCA works with officals on streamlining

PETER KENTER

correspondent

The Ontario Water Resources Act was designed in part to protect the province’s water resources from industrial and commercial users who might draw more water out of provincial aquifers than they can reasonably sustain.

Ontario sewer and watermain contractors who need to remove more than 50,000 litres of water from a trench or flooded area in a single day, however, are subject to the same law and are required to file for a Permit to Take Water, under the Water Taking and Transfer Regulation of the Act.

The administrative burden and delays associated with conforming to the regulation are costing clients money while hobbling contractors, says Frank Zechner, executive director of the Ontario Sewer and Watermain Construction Association (OSWCA).

“Under the law, no differentiation is being made between surface water, groundwater and water that is leaking from a broken water main,” says Zechner. “We’re not even sure that water leaking from a pipe wouldn’t be characterized as a spill clean-up under the Environmental Protection Act. It’s not clear which statutes operate in each situation and which do not.

There’s also no consideration given to the purpose of water taking. If you have a bottling plant that draws water from an aquifer that is also being used by a farmer to draw water for livestock, that regulation makes perfect sense.”

Contractors or their clients are required to file for the Permit to Take Water and provide the Ministry of the Environment (MoE) with a detailed hydrological report that could cost as much as $20,000. The permit itself costs between $750 and $3,000, depending on the perceived risk to the environment.

“Instead of making it easier to get the permit, it’s gotten more difficult, since the Act was toughened last year,” says Zechner. “The level of detail required in the hydrological studies has increased.

They want us to show the quality of the water, the flow directions and the history of the aquifer, which is relevant detail for a facility drawing water from the aquifer over the long term. There’s much more scrutiny on the part of the MoE.”

The MoE has actually reduced the turn around time for granting water-taking permits in recent years. “In 2005 we made improvements to the process of applying for a permit, cutting the processing time in half,” says Kate Jordan, MoE. “We guarantee that a permit will be issued in 90 days provided it’s filled in properly. If a stakeholder in the construction industry expresses concerns, we can provide guidance, or have staff meet with stakeholders to give them pointers.”

But a 90-day waiting period can pose additional safety hazards to workers, says Zechner. Flooded trenches become less stable over time as the sides of the excavation erode.

The OSWCA had made an unsuccessful bid last year, prior to the passage of the new legislation, to encourage the creation of a streamlined process for short-term water taking, similar to the exemption extended to provincial firefighters.

The upshot for municipalities and other clients — higher bills and longer wait times. “To some extent, the contractors are trying to get the municipalities to take responsibility for getting the permit,” says Zechner. “The client is in a better position to get that done before the bidding process to prevent delays in getting the work started.”

Construction projects taking place outside of urban areas may have an out. “In two jobs outside of the city, we constructed a temporary soak pit nearby,” says Bernie Ingimundson, general manager of Ottawa-Greenbelt Construction Company.

“That was arranged by the designer in consultation with the MoE by showing them that the water was going to be returned to the aquifer in the same state as it left. In an urban job, however, we don’t have room to do that.”

Contractors waiting for a permit can work within the guidelines by removing 49,000 litres of water from job sites each day, says Ingimundson.

“The allowable 50,000 litres per day isn’t reasonable,” he says. “But we are accountable for it and record the volumes each day as part of the reporting process to the municipality.”

The OSWCA has been in ongoing discussions with Ontario Environment Minister John Gerretsen concerning the situation. “He expressed surprise at the circumstances and promised to look at the matter and get back to us shortly,” says Zechner.

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