This consultation was open from:
June 5, 2019
to July 5, 2019
Decision summary
Permit To Take Water No. 8311-BEDNLN was issued on August 30, 2019 to Enbridge Pipelines Inc. with an expiry date of July 31, 2022.
Location details
Site location details
MP 1885.0000
Lot 5 Block 5, Concession 5
City of Hamilton, Ontario
MP 1895.3502
Lot 9, Concession 7
Township of West Lincoln, Regional Municipality of Niagara
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 windowProponent(s)
Enbridge Pipelines Inc.
10130 103 Street Northwest
Edmonton,
AB
T5J 3N7
Canada
Decision details
This permit is for a new Permit to Take Water for dewatering purposes. Enbridge Pipelines regularly performs integrity digs as part of the ongoing preventative maintenance of their pipelines. Integrity digs are the mechanism used to verify features identified with inline inspection tools and perform preventative maintenance when necessary.
On occasion, surface water or groundwater needs to be diverted from the workspace to allow for the assessment of the pipeline. When this occurs the water is inspected, diverted from the dig location, and returned to the environment in close proximity to the dig through controlled means. Filters are used when necessary to eliminate the risk of siltation of farmland or water bodies and the discharges are monitored.
These activities will occur from various integrity digs within the boundaries of the City of Hamilton, and Township of West Lincoln, Regional Municipality of Niagara.
Source of water: well dug
- purpose of water taking: construction - dewatering
- source of water: well - dug
- maximum rate (litres per minute): 2,000.00
- maximum number of hours of taking per day: 24.00
- maximum volume (litres) per day: 12,500,000.00
- maximum number of days of taking in a year: 365.00
- earliest calendar date of taking (mm/dd): 01/01
- latest calendar date of taking (mm/dd): 12/31
- period of water taking: 3 years
Effects of consultation
Comments
Three comments were received, one on the Environmental Registry from a member of the public voicing their concern about the taking but did not comprise any technical details and was not considered in the review of the application.
The second was from the local conservation authority stating that they had no issue with the taking.
The third was received from a municipality and comprised of three concerns:
- The first concern was that updated groundwater level information and thorough discussion of the potential water quantity impacts of these areas within their report should be addressed, along with comprehensive mitigation strategies in case impacts arise.
- The second was a request that the possible migration of pipeline contents through overburden sediments that may release acute risk contaminants in surface and groundwater be discussed in the application report and that comprehensive mitigation strategies be included into the design of their integrity dig.
- The third was a recommendation to notify all private well users within 500 metres of dewatering of these activities and that the estimated area of influence by used as a minimum distance to conduct monitoring of water level and water quality on private well suers defore, during, and after dewatering. Private well users within close proximity of dewatering should have water quality testing conducted to confirm that high risk organic contaminants are not impacting private supplies.
Comments considered
The first and second concerns were addressed with the Terms of Reference that is in place between the ministry and Enbridge Pipelines Inc. which requires an impact assessment and mitigations measures to be documented in the report.
The third concern was addressed with condition 4.2 that requires a well notification and monitoring program of wells located within 50 metres of an integrity dig site to document pre and post construction groundwater conditions, including groundwater level measurements and water quality sampling; under the circumstances of permission from the well owner and safe access to the well.
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.
How to Appeal
This instrument decision can be appealed. You have 15 days from September 22, 2020 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.
Appeal process for decisions published before June 1, 2021
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:
- prepare your application
- provide notice to the minister
- 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:
- 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
- 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
- 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:
- 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?
- 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)
Enbridge Pipelines Inc.
10130 103 Street Northwest
Edmonton,
AB
T5J 3N7
Canada
Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca
Include the following:
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 Evaluator - West Central Region
119 King Street West
9th Floor
Hamilton,
ON
L8P 4Y7
Canada
Original proposal
Proposal details
Description of instrument
This proposal is for a new permit to take water for dewatering purposes. Enbridge Pipelines regularly performs integrity digs as part of the ongoing preventative maintenance of their pipelines. Integrity digs are the mechanism used to verify features identified with inline inspection tools and perform preventative maintenance when necessary.
On occasion, surface water or groundwater needs to be diverted from the workspace to allow for the assessment of the pipeline. When this occurs the water is inspected, diverted from the dig location, and returned to the environment in close proximity to the dig through controlled means. Filters are used when necessary to eliminate the risk of siltation of farmland or water bodies and the discharges are monitored.
These activities will occur from various integrity digs within the boundaries of the City of Hamilton, and Township of West Lincoln, Regional Municipality of Niagara.
Details of Water Taking are as follows:
Permit Type - New (Category 3)
- purpose of Water Taking: Construction - Dewatering
- source of Water: Well - Dug
- maximum Rate (Litres Per Minute): 2,000.00
- maximum Number of Hours of Taking per Day: 24.00
- maximum Volume (Litres) Per Day: 12,500,000.00
- maximum Number of Days of Taking in a Year: 365.00
- earliest Calendar date of taking (mm/dd): 01/01
- latest Calendar date of taking (mm/dd): 12/31
- period of Water Taking: 3 Years
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.
Comment
Commenting is now closed.
This consultation was open from June 5, 2019
to July 5, 2019
Connect with us
Contact
Permit To Take Water Evaluator - West Central Region
119 King Street West
9th Floor
Hamilton,
ON
L8P 4Y7
Canada
Comments received
Through the registry
1By email
2By mail
0