Walker Aggregates Inc. - Permit to take water

Instrument type: Permit to take water

ERO number
019-5537
Ministry reference number
0848-CESKUV
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
July 7, 2022 - August 6, 2022 (30 days) Closed
Last updated

This consultation was open from:
July 7, 2022
to August 6, 2022

Decision summary

We have issued a new Permit to Take Water No. 6547-CHLN5P on August 31, 2022, which cancels and replaces Permit No. 7738-8WBKPB for Walker Aggregates Inc. for the purposes of pit and quarry dewatering serving the Walker Brothers Quarry, located in the City of Niagara Falls, Ontario. The new permit expires August 31, 2032.

Location details

Site address

2800 Townline Road
Niagara Falls, ON
Canada

Site location map

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

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Proponent(s)

Walker Aggregates Inc.
2800 Thorold Townline Road
Niagara Falls, ON
L2E 6S5
Canada

Decision details

Details of the water taking are as follows:

Source of water: four excavated ponds and NWS drainage system

  • purpose of taking: industrial (pit and quarry dewatering);
  • maximum rate per minute (litres): 10,000;
  • maximum number of hours of taking a day: 24;
  • maximum volume per day (litres): 14,400,000;
  • maximum number of days of taking per year: 365;
  • period of taking: January 1 to December 31 for 10 years

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Comments received

Through the registry

0

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

One comment was received from the Regional Municipality of Niagara identifying the proximity of the water taking to the Core Natural Heritage System (CNHS), consisting of the Welland Canal North Turn Basin Provincially Significant Wetland Complex (PSW), Significant Woodland, and Type 2 (Important) Fish Habitat. The municipality requested the ministry to consider the impacts of this water taking on Core Natural Heritage System features and other surrounding uses.

Ministry response:

This comment was considered in this decision and was also considered under previous renewal decisions at the same site. The ministry reviewed monitoring data collected as part of the monitoring program undertaken as a condition of the previous Permit to Take Water for this site. Monitoring data collected during the previous permitted period suggests limited or insignificant off-site impact, including to the CNHS. Given the results of previous monitoring programs, the ministry is of the opinion that the renewal of this existing water taking will not negatively impact CNHS features, or the quality and quantity of water available to serve other uses.

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.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from September 26, 2022 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:

  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
Irena Kontrec
Environmental Scientist

Permit to Take Water Unit
135 St Clair Avenue West
Toronto, ON
M4V 1P5
Canada

416-305-7930

Proponent(s)

Walker Aggregates Inc.
2800 Thorold Townline Road
Niagara Falls, ON
L2E 6S5
Canada


Appellate body

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

About the Environmental Review Tribunal


Include the following:

ERO number
019-5537
Ministry reference number
0848-CESKUV

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.

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Original proposal

ERO number
019-5537
Ministry reference number
0848-CESKUV
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

July 7, 2022 - August 6, 2022 (30 days)

Proposal details

This proposal is to renew Permit to Take Water No. 7738-8WBKPB for Walker Aggregates Inc. for dewatering purposes at the Walker Brothers Southeast Quarry site, located in Niagara Falls, Ontario. Details of the water taking are as follows:

Source of water: four excavated ponds and NWS drainage system

  • purpose of taking: dewatering
  • maximum rate per minute (litres): 10,000
  • maximum number of hours of taking per day: 24
  • maximum volume per day (litres): 14,400,000
  • maximum number of days of taking per year: 365
  • period of taking: January 1 to December 31 for 10 years

More about Permits to Take Water

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.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from July 7, 2022
to August 6, 2022

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