TransAlta (SC) Incorporated as general partner for and on behalf of TransAlta (SC) L.P. - Permit to take water

Instrument type: Permit to take water

ERO number
013-2629
Ministry reference number
7365-AWWKUZ
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision Updated
Decision posted
Comment period
March 23, 2018 - April 22, 2018 (30 days) Closed
Last updated

Update Announcement

This proposal notice has been updated on July 16, 2021 to advise the public that this application is still under active review. The ministry is reviewing the comments it has received to date. The original proposal date and comment period have not been altered.

This consultation was open from:
March 23, 2018
to April 22, 2018

Decision summary

This decision is to amend Permit to Take Water No.1401-AB7LS4 for industrial and miscellaneous purposes. Water will be taken from the St. Clair River to be used as cooling water and other miscellaneous uses including steam production, dust suppression etc., located in the City of Sarnia, County of Lambton, Ontario.

Location details

Site address

1475 Vidal Street South
Lots 25 and 26, Concession River Range
Sarnia, ON
N7T 8H1
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

View this location on a map opens link in a new window

Proponent(s)

TransAlta (SC) Incorporated as general partner for and on behalf of TransAlta (SC) L.P.
1475 Vidal Street South
Sarnia, ON
N7T 8H1
Canada

Decision details

Description of instrument

This decision is to amend Permit to Take Water No.1401-AB7LS4 for industrial and miscellaneous purposes. Water will be taken from the St. Clair River to be used as cooling water and other miscellaneous uses including steam production, dust suppression etc., located in the City of Sarnia, County of Lambton, Ontario. Permit to Take Water Number 1240-B2BRQT was issued on July 28, 2021 for a period of ten years.

Permits to Take Water include conditions that require the permit holder to:

  • collect and record the daily amount of water taken
  • comply with the terms and conditions in the permit
  • immediately report complaints or interference to the ministry
  • report water takings each year to the ministry

Details of Water Taking are as follows:

Permit type - Amendment (Category 1)

Source 1

  • purpose of water taking: industrial/miscellaneous
  • source of water: St. Clair River
  • maximum rate (litres per minute): 472,916.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 681,000,000.00
  • maximum number of days of taking in a year: 365
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of water taking: 10 years

Source 2

  • purpose of water taking: industrial/miscellaneous
  • source of water: St. Clair River
  • maximum rate (litres per minute): 340,972.00
  • maximum number of hours of taking per day: 24
  • maximum volume (litres) per day: 491,000,000.00
  • maximum number of days of taking in a year: 365
  • earliest calendar date of taking (mm/dd): 01/01
  • latest calendar date of taking (mm/dd): 12/31
  • period of water taking: 10 years

Combined total maximum volume (litres) per day: 900,000,000.00

Information about Permits to Take Water

Issued Permits to Take Water can be viewed and downloaded at Access Ontario, by searching the approval number, INCLUDE PTTW NUMBER HERE, in the search field located at the top of the map, see “I want to…Search by Approval Number”, here:

https://www.lioapplications.lrc.gov.on.ca/Access_Environment/index.html?viewer=Access_Environment.AE&locale=en-CA.

Access Environment displays the following information:

  • business name
  • facility address and location on an interactive map
  • type of approval or registration from the ministry (view a PDF copy)
  • date of issue
  • status of the approval (approved, amended, revoked and/or replaced)
  • status of the registration (registered, suspended, removed)

Comments received

Through the registry

0

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

Comments relevant to the water taking proposal were considered as part of the review of the application. The one comment received from this proposal was from the Aamjiwnaang First Nation with a request for consultation.

The community had questions regarding the review process for a permit to take water, along with concerns over the total volume of water being taken from the St. Clair River and it’s impact on the natural environment. The Ministry responded and meet with the community on May 15th 2018 and provided an overview of the permit to take water program, the specific technical review considerations with this proposal and how we were addressing the volume concerns of the community through our technical review. The Ministry followed-up with the community and met again on October 15, 2020 to further discuss the proposal and their ongoing concerns. These included the volume of water being taken and a perceived lack of respect the companies show towards water resources. The community also requested:

  • a condition in the permit to take water requiring that they develop water conservation measures and provide a report on the effectiveness of this work.
  • a condition or recommendation that the company hold an annual community ceremony recognizing and acknowledging the importance and respect that the community has for water resources.
  • a summary document summarizing our considerations in making a decision on the permit to take water that can be shared with the Aamjiwnaang First Nation community.

During the meeting, the Ministry continued to highlight how we were addressing the volume concerns of the community through our technical review process as well as what other considerations are included in the review. Following our meeting, the concern around the water conservation measures and the annual community ceremony were forwarded to TransAlta (SC) Incorporated for their comment. The company worked on and drafted a letter of agreement that addressed the communities outstanding concerns and to continue to work with and support Aamjiwnaang First Nation going forward. The Ministry followed-up with Aamjiwnaang First Nation on July 8, 2021 to confirm there where no outstanding questions or concerns regarding this proposal. No further questions were received and the permit was issued.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Drinking Water and Environmental Compliance Division - Southwestern Region
Address

733 Exeter Road
London, ON
N6E 1L3
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from December 28, 2022 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

Start the process to appeal

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)

Issuing authority
Jason Lehouillier
Supervisor

Southwestern Regional Office
733 Exeter Road
London, ON
N6E 1L3
Canada

519-873-5054

Proponent(s)

TransAlta (SC) Incorporated as general partner for and on behalf of TransAlta (SC) L.P.
1475 Vidal Street South
Sarnia, ON
N7T 8H1
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
013-2629
Ministry reference number
7365-AWWKUZ

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

Connect with us

Contact

Permit to take water coordinator (South west region)

Phone number
Office
Drinking Water and Environmental Compliance Division - Southwestern Region
Address

733 Exeter Road
London, ON
N6E 1L3
Canada

Office phone number

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
013-2629
Ministry reference number
7365-AWWKUZ
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

March 23, 2018 - April 22, 2018 (30 days)

Proposal details

Description of instrument

This proposal is to amend Permit to Take Water No.1401-AB7LS4 for industrial and miscellaneous purposes. Water will be taken from the St. Clair River to be used as cooling water and other miscellaneous uses including steam production, dust suppression etc., located in the City of Sarnia, County of Lambton, Ontario.

Details of Water Taking are as follows:

Permit Type - Amendment (Category 1)

Source 1

  • Purpose of Water Taking: Industrial/Miscellaneous
  • Source of Water: St. Clair River
  • Maximum Rate (Litres Per Minute): 472,916.00
  • Maximum Number of Hours of Taking per Day: 24
  • Maximum Volume (Litres) Per Day: 681,000,000.00
  • Maximum Number of Days of Taking in a Year: 365
  • Earliest Calendar date of taking (mm/dd): 01/01
  • Latest Calendar date of taking (mm/dd): 12/31
  • Period of Water Taking: 10 Years

Source 2

  • Purpose of Water Taking: Industrial/Miscellaneous
  • Source of Water: St. Clair River
  • Maximum Rate (Litres Per Minute): 340,972.00
  • Maximum Number of Hours of Taking per Day: 24
  • Maximum Volume (Litres) Per Day: 491,000,000.00
  • Maximum Number of Days of Taking in a Year: 365
  • Earliest Calendar date of taking (mm/dd): 01/01
  • Latest Calendar date of taking (mm/dd): 12/31
  • Period of Water Taking: 10 Years

Combined Total Maximum Volume (Litres) Per Day: 900,000,000.00

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Drinking Water and Environmental Compliance Division - Southwestern Region
Address

733 Exeter Road
London, ON
N6E 1L3
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from March 23, 2018
to April 22, 2018

Connect with us

Contact

Permit to take water coordinator (South west region)

Phone number
Office
Drinking Water and Environmental Compliance Division - Southwestern Region
Address

733 Exeter Road
London, ON
N6E 1L3
Canada

Office phone number