Eagles Rest Estates Inc. - Environmental Compliance Approval (sewage)

Comments received were reviewed, and, where appropriate, were considered in the re-design of sewage works by the consultant and in the ministry’s decision whether or not to proceed with this proposal.

The commenters raised the following concerns on the proposal with ministry’s responses provided by the proponent:

1. Misleading information being provided about who will assume the ownership, operation, and responsibility for the long-term of water and wastewater treatment services of the Eagles Rest development.

   Ministry’s response: The ownership, operation and responsibility of the water system (existing wells and new treatment system) will be the Township of Oro Medonte ("Township"). The ownership, operation and responsibility of the wastewater facility will be Eagle Rest Estates Inc. (ERE) subdivision. The Township have acknowledged in a letter dated June 2, 2023, that the drinking water and stormwater will be municipal services and the wastewater collection and treatment will be private services.

2. There are inconsistencies in the information provided on this application, the staff reports and pre-servicing agreements between the property owners and the Township of Oro-Medonte and the property owner's own website.

   Ministry’s response: The Township servicing agreement addressed the intent of the Township at that time. The Township have since acknowledged in a letter dated June 2, 2023, that the drinking water and stormwater will be municipal services and the wastewater collection and treatment will be private services. It is unlikely that the servicing agreements will be updated as this represents past documentation that should be remain as part of the record.

3. This application is an “Approval Application (Private Sewage Works)” The application also states that “Proposed development concepts include 208 residential units on private water supply wells” but the staff reports and subsequent pre-servicing agreements with the township of Oro-Medonte assume it will be municipal water and wastewater servicing. Links to the staff reports and pre-servicing agreements with the Township of Oro-Medonte are attached.

   Ministry’s response: The Township servicing agreement addressed the intent of the Township at that time. The Township have since acknowledged in a letter dated June 2, 2023, that the drinking water and stormwater will be municipal services and the wastewater collection and treatment will be private services. It is unlikely that the servicing agreements will be updated as this represents past documentation that should be remain as part of the record.

4. Item 8.5 of this application about the Municipality Agreement states: "The property owner is in the process of preparing an agreement with the municipality concerning this property and will be forwarded to the Ministry as part if the ECA submission."

   Ministry’s response: The municipal agreement referenced in Section 8.5 of the Environmental Compliance Approval report is called a Municipal Responsibility Agreement (MRA) and is a mandatory requirement of the Ministry of the Environment, Conservation and Parks (MECP) for all private wastewater facilities serving a year round residential dwelling. The MRA is a legal document between the municipality and the Eagle Rest Estates Inc. and stipulates the detailed conditions under which the private wastewater services will be constructed, operated and maintained and the actions the Township will undertake in the event of default. This includes an agreed upon amount of financial assurance (i.e. secured funds) that should be available to Township in the event of default. The conditions of the MRA will not contravene any servicing agreements the Township already has in place with ERE.

5. The property owner already has pre-servicing agreements that were passed by the council of the day, these agreements were passed as by-laws in open session with the full knowledge of the constituents and to date there appears to be no documentation to prove these are not still the binding agreements.

   Ministry’s response: All pre-servicing agreements are still valid between the municipality and ERE. The conditions of the MRA will not contravene the intent of any servicing agreements the Township already has in place with ERE.

6. Eagles Rest advertising website, http://www.eaglesrest-barrie.ca/ is advertising that the 208 homes would be on "municipal water and municipal sewage." The same owner states on their application they will be serviced by private sewage and private wells.

   Ministry’s response: The phrase municipal sewage is used to make the distinction that the homes are not on individual private well and septic systems. This is the home builders' website who are likely unaware of the error; the website should be updated to reflect that the water system will be municipally owned and the communal waste treatment facility will be privately owned.

7. The Township of Oro-Medonte staff have received questions, from the public, about the inconsistencies between this application, the website, and the preservicing agreements. The only statement received to date states "what is being proposed is a municipally owned and operated communal water system (Township water) and a privately owned and operated communal sanitary sewage disposal system (no individual septic systems on each lot)." This is inconsistent with the staff reports and subsequent pre-servicing agreements, the information on the property owner’s website and this application.

   Ministry’s response: The statement by the Township is correct; the water system will be municipally owned and the wastewater facility will be privately owned. The Township have since acknowledged in a letter dated June 2, 2023, that the drinking water will be municipal services and the wastewater collection and treatment will be private services.

8. This proposal should not be approved until the township and the developer come to an agreement and inform the constituents of whether these services will be privately owned and operated or publicly owned and operated. The public also needs to be informed about township’s role if it is private.

   Ministry’s response: The Township and ERE have come to an agreement that the wastewater services will be privately owned and operated. The Township do not have a role unless the developer enters into default in which the case the Township would take over as per the MRA agreement.

9. Will the Township have a role in: 1) the administration/collection of resident billings for private sewage servicing. This arrangement is already in place with another private owner of sewage treatment plant servicing many homes in the Horseshoe Valley area and is the cause of much concern for many of these residents. 2) accepting the responsibility and having to assume this privately owned system if the owner cannot maintain the system in the long-term.

   Ministry’s response: The Municipal Responsibility Agreement between the Township and ERE will include the conditions under which wastewater treatment facility will be constructed, operated and maintained as well as any actions the Township will undertake in the event of default by the developer. This includes providing a financial assurance plan along with upfront secured funds for any remedial measures or capital improvements that may be required in the event of default. Under a private ownership, the subdivison agreement will address measures for collecting fees to maintain and operate the waste water facility.

10. Once the township has assumed the other infrastructure in this development such as roads, streetlights and storm water ponds who will own and more importantly operate the water/ wastewater systems 25 years from now?

    Ministry’s response: Provincial regulations require that water and wastewater plants are operated by certified operators. The developer will be required to retain the services of a licensed wastewater treatment operator who will maintain, repair, operate, and complete the required environmental sampling as per the MECP Environmental Compliance Approval (ECA) permit for the wastewater facility in perpetuity. The developer will be required to enter into a Municipal Responsibility Agreement for the private wastewater facility which includes a financial assurance plan along with upfront secured funds for any remedial measures or capital improvements that may be required in the event of default, should this occur at some point in the future.

    The water system will be owned and maintained by the Township in perpetuity following approval by the MECP.

11. My second concern is: Item 8.2 Environmental Assessment states: “This application represents a private sewage works approval and as such does not require an environmental assessment.” Why are private systems that will be private and service over 300 homes not have to go through an Environmental Assessment?

    Ministry’s response: An environmental assessment is required for municipal infrastructure projects (municipal road, water, wastewater) and is governed under the Municipal Class EA document (MEA, 2023). Since the proposed sewage works are private, a Municipal Class EA is not required.

12. It is odd that the proponent is seeking an approval for a waste solution as this late stage when a lot of the infrastructure for this development is already in place and they advertise that Phase 1 of their development is sold out. It seems very presumptuous to me or is it an indication of very poor planning.

    Ministry’s response: The ECA application provided to the MECP includes a wastewater treatment solution and engineering design package which is currently under review by the MECP. The wastewater treatment facility provides for advanced treatment which is sufficient to protect the natural environment.

13. The Eagle’s Rest development is situated in the middle of the Oro Moraine an extremely sensitive ecological area that contains many significant groundwater recharge areas. I do not understand why the Township of Oro-Medonte continues to approve large scale developments on the Oro Moraine – but that is not the point of this comment. In addition to this being an extremely ecologically sensitive the residents of Oro-Medonte rely almost exclusively from water sourced from artesian wells contained beneath the moraine for their sustenance. Because of this it is extremely important that any decisions relating to development of the moraine be well thought out, be well executed, err on the side of over protection of the environment and that there be proof that the solution is viable and can be sustained in the long term.

    Ministry’s response: the water wells on the site are existing and were previously used to serve the former use of this property and the intent is to continue to use these wells to serve the development. The water taking from site was previously approved by the MECP under a Permit To Take Water (PTTW). For the proposed development, the PTTW was amended for the same water taking. As part of the municipal licensing program under the MECP for the water system, an assessment report under the Clean Water Act will be required for the protection of the existing onsite wells. There is a requirement to assess the vulnerability of the drinking water system which must be accepted by the Source Water Protection Authority (SPA) before the owner/ municipality can apply for a drinking water works permit / license. The water cannot be provided to the public until the updated source water protection plan that protects the system is approved by the SPA, the municipality and the MECP.

14. The proposal is portrayed as a privately owned and operated waste facility to service the 208 homes to be constructed in the Eagle’s Rest development. I have confirmed with the planning department of the Township of Oro-Medonte that it will be a privately owned and operated wastewater facility. As noted on page seven of the Azimuth report the exfiltration lagoon is located “alongside the north property boundary” next to the property boundary, which potentially means overflow or seepage from the lagoon could spill onto neighbouring properties causing damage. I would think proper design of the lagoon should provide for a significant buffer from neighbouring properties, so any spill over overflow can be contained to the proponent’s property to minimize the potential of property damage to neighbouring properties.

    Ministry’s response: The lagoon is an infiltration lagoon that receives fully treated effluent that is ready to be discharged to the natural environment. It does not receive raw or partially treated sewage. The Ontario Building Code (OBC) setbacks will be met from the property boundary. In the event of an emergency overflow, the treated effluent would overflow into the stormwater dry pond since the pond has extra capacity and subsequently provides additional treatment which was not accounted for in the design. Over flow from the storm pond is directed to a drainage swale however given the high infiltration rates of the native soils, any water would completely infiltrate before reaching a sensitive surface water feature or the upgradient adjacent north property.

15. A bigger concern about this proposal relates to the financial ability of the proponent to operate and maintain this facility in the long term and its ability to financially deal with a significant failure or environmental contamination down the road. So although this proposal may meet the requirements for Environmental Compliance Approval today (a point in time) - what comfort is provided that the proponent has the financial resources to meet its monitoring, maintenance, repair and deal with issues 10, 20 or 30 years down the road? Is there a requirement that all costs relating to this system are borne by the proponent and/or the property owners in Eagle’s Rest in this through their sewage charges or by means of special assessments? Without this requirement I fear the cost of operating and maintaining and ensuring environmental safety and compliance may eventually fall back on the Township and its ratepayers.

    Ministry’s response: Under the MRA (which is a requirement of both the municipality and the MECP), there will be a requirement to have a financial assurance plan (including a reserve fund) which will include the methods of which all infrastructure related to the wastewater facility will be operated and maintained. This will be included as part of subdivision agreement between the developer and the individual property owner; each property will be subject to fees in perpetuity to address ongoing maintenance, operations and/ or repairs associated with the private wastewater treatment facility. The developer will own the plant through construction and initial commissioning, and will be subsequently transferred to the ERE subdivision as a permanent responsibility.

16. It is a concern about the proposal to use this system for the following reasons. Once the development is complete and the township assumes the infrastructure (roads, water systems etc.) will they be required to assume this system as well? If so what are the cost implications to the township and the other tax payers related to owning and operating this system?

    Ministry’s response: The wastewater treatment facility will be privately owned. The MRA will address the upfront secured funds for any remedial measures or capital improvements that may be required in the event of default whether this be in the short term or long term.

17. What are the long-term environmental impacts of this systems and the exfiltration lagoon which will be within the Nottawasaga Watershed.

    Ministry’s response: No impacts are anticipated as the sewage will be fully treated to stringent criteria stipulated by the MECP prior to discharging to the exfiltration lagoon. The exfiltration lagoon does not receive raw or partially treated sewage. The treatment technology being implemented here provides more than adequate treatment efficacy to ensure that the natural environment is protected. Following pre-treatment, the water will percolate through the native soils and be further treated as the native soils will provide a natural filter to effluent water. The ECA permit will include ongoing monitoring to ensure the discharge water meets the appropriate criteria and has no impact on the environment.

18. These types of facilities are going to allow subdivisions and housing to be developed away from the services that are necessary to a community. Currently this part of Oro-Medonte has no community centres, public transit, parks within walking distance or health care services and yet we keep adding more and more housing. People must drive everywhere to access any services. If these types of sewage facilities are approved more and more housing like this development to be built.

    Ministry’s response: The subject lands represent a unique development opportunity in light of its historical uses including a former military base and residential/occupational facility including 84 single detached dwellings (among other ancillary uses). It is situated adjacent the existing Horseshoe Valley Settlement area where various services are available, however it is acknowledged it is a relatively isolated community, including Horseshoe Valley Settlement Area where automobiles are relied upon. The lands were originally draft plan approved in 2013 to permit 106 single detached dwellings and this development represents an increase to 208 single detached dwellings, making for a more efficient use of the land than previously contemplated. The lands are also recognized in the Townships Official Plan as being within the Edgar Centre Special Policy Area which includes a variety of uses, including low and medium density residential uses. The development conforms to the Official Plan. The development is proposed to proceed in conformity with the Official Plan, including full sewer and water services. The development of 208 homes in the area will assist in bringing more services to Horseshoe Valley and ultimately has the potential of reducing the need for longer distance travel if/when additional amenities are developed in Horseshoe Valley.