Update Announcement
The proposal notice was updated on March 07,2020 to correct the period of water taking for Well D.
This consultation was open from:
February 15, 2022
to March 17, 2022
Decision summary
We have issued a new Permit to Take Water No. 5832-CLQPNV on December 2, 2022, which cancels and replaces permit No. 4373-8TXQK3 for Capital Paving Inc. for industrial purposes. The permitted water taking will serve the Capital Paving aggregate operation in the Township of Puslinch, Ontario. The new permit expires December 1, 2032.
Location details
Site address
4459 Concession 7
Puslinch,
ON
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 windowProponent(s)
Capital Paving Inc.
Post Office Box, 815
Guelph,
ON
N1H 6L8
Canada
Decision details
We have issued a new Permit to Take Water No. 5832-CLQPNV on December 2, 2022, which cancels and replaces permit No. 4373-8TXQK3 for Capital Paving Inc. for industrial purposes. The permitted water taking will serve the Capital Paving aggregate operation in the Township of Puslinch, Ontario. The new permit expires December 1, 2032. Water will be taken from one pond for aggregate washing and four wells for water supply, to operate an asphalt plant and concrete plant.
Details of the water taking are as follows:
Source of water: Pond B
- purpose of taking: aggregate washing
- maximum rate per minute (litres): 14,116
- maximum number of hours of taking per day: 20
- maximum volume per day (litres): 16,939,200
- maximum number of days of taking per year: 200
- period of taking: January 1 to December 31 for 10 years
Source of water: Well A
- purpose of taking: water supply (office building)
- maximum rate per minute (litres): 140
- maximum number of hours of taking per day: 14
- maximum volume per day (litres): 64,600
- maximum number of days of taking per year: 300
- period of taking: January 1 to December 31 for 10 years
Source of water: Well B
- purpose of taking: water supply (asphalt plant)
- maximum rate per minute (litres): 615
- maximum number of hours of taking per day: 14
- maximum volume per day (litres): 515,600
- maximum number of days of taking per year: 300
- period of taking: January 1 to December 31 for 10 years
Source of water: Well C
- purpose of taking: water supply (concrete plant)
- maximum rate per minute (litres): 960
- maximum number of hours of taking per day: 14
- maximum volume per day (litres): 802,000
- maximum number of days of taking per year: 300
- period of taking: January 1 to December 31 for 10 years
Source of water: Well D
- purpose of taking: water supply (other)
- maximum rate per minute (litres): 140
- maximum number of hours of taking per day: 14
- maximum volume per day (litres): 50,000
- maximum number of days of taking per year: 300
- period of taking: January 1 to December 31 for 10 years
Information about Permits to Take Water
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.
Issued Permits to Take Water can be viewed and downloaded at Access Ontario, by searching the approval number, 5832-CLQPNV , in the search field located at the top of the map, see “I want to…Search by Approval Number”, here:
Access Environment displays the following information:
- status of the registration (registered, suspended, removed)
- 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)
Effects of consultation
Comments were received from the City of Guelph, Township of Puslinch, and Wellington Source Water Protection. Municipalities recommended that the Permit to Take Water term length be limited to a 5 year duration, and that the permit include conditions that require the permit holder to adjust water takings with respect to low flow advisories under the Ontario Low Water Response (OLWR) program.
Ministry response
These comments and recommendations were considered in the permit decision. In determining the length of permit terms, the ministry utilizes an adaptive management approach and assesses a variety of risk factors pertaining to the surrounding environment and other users of a water resource. This adaptive management approach ensures that permits can be amended, reduced, or suspended at any time before the expiry date, if information is received indicating that a permitted water taking is negatively affecting the environment or causing interference with other water supplies. In addition, there are several conditions in the permit which account for contingencies in the event that an impact to the environment or other water users is identified. The ministry will employ the adaptive management principles to this permit. Under this approach, the ministry can amend the terms of this permit at any time, in response to information received regarding changing environmental conditions.
With respect to low flow advisories under the Ontario Low Water Response (OLWR) program, the OLWR Program employs a collaborative approach to manage surface waters during drought and has not been applied to groundwater takings, as groundwater resources generally respond to drought on longer timescale as compared to surface water resources. The ministry would generally support Permit to Take Water requirements under low water conditions in cases where such requirements could be associated with a particular water management objective or outcome. In general, such permit conditions have been applied to water takings for which a stream or river is the primary source, and where information exists to suggest that there are specific impacts of concerns during low water conditions. In this case, the ministry is not aware of any known impacts to flows in local watercourses or streams resulting from the permitted water taking. The ministry will consider reduced water takings as well as increased monitoring under low water conditions where such conditions help manage an identified risk associated with the taking.
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.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from December 8, 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:
- 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)
Capital Paving Inc.
Post Office Box, 815
Guelph,
ON
N1H 6L8
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
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
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
This proposal is for the renewal of Permit to Take Water No. 4373-8TXQK3 for Capital Paving Inc., for industrial purposes. Water will be taken from one (1) pond for aggregate washing and four (4) wells for water supply, to operate an asphalt plant and concrete plant located in the County of Wellington. Details of the water taking are as follows:
Source of water: Pond B
- purpose of taking: aggregate washing
- maximum rate per minute (litres): 14,116
- maximum number of hours of taking per day: 20
- maximum volume per day (litres): 16,939,200
- maximum number of days of taking per year: 200
- period of taking: April 1 to December 15 for 10 years
Source of water: Well A
- purpose of taking: water supply (office building)
- maximum rate per minute (litres): 140
- maximum number of hours of taking per day: 14
- maximum volume per day (litres): 64,600
- maximum number of days of taking per year: 300
- period of taking: January 1 to December 31 for10 years
Source of water: Well B
- purpose of taking: water supply (asphalt plant)
- maximum rate per minute (litres): 615
- maximum number of hours of taking per day: 14
- maximum volume per day (litres): 515,600
- maximum number of days of taking per year: 300
- period of taking: April 1 to December 15 for 10 years
Source of water: Well C
- purpose of taking: water supply (concrete plant)
- maximum rate per minute (litres): 960
- maximum number of hours of taking per day: 14
- maximum volume per day (litres): 802,000
- maximum number of days of taking per year: 300
- period of taking: April 1 to December 15 for 10 years
Source of water: Well D
- purpose of taking: water supply (other)
- maximum rate per minute (litres): 140
- maximum number of hours of taking per day: 14
- maximum volume per day (litres): 50,000
- maximum number of days of taking per year: 300
- period of taking: January 1 to December 31 for 10 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 February 15, 2022
to March 17, 2022
Connect with us
Contact
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
1By email
3By mail
0