This document is available as http://plg.uwaterloo.ca/~holt/pit/MNRinvestig.html. It is the Ministry of Natural Resources report on its investigation of a Citizen's EBR Request for Environmental Violations in the Bowman pit complex. See also documents related to this set of pits. This file was scanned from the MNR report, with coloured added later to help locate certain parts.
Notice of Outcome
Application for Investigation - Environmental Bill Of Rights
File No. I99019
Request for an Investigation into Alleged Contraventions of the Aggregate Resources Act and the Fisheries Act under section 74 of the Environmental Bill of Rights.
DECISION TO INVESTIGATE:
On May 18, 1999, the Ministry of Natural Resources (MNR) received the Application for Investigation under the Environmental Bill of Rights (EBR).
Pursuant to this request for investigation and in accordance with section 77(l) of the Environmental Bill of Rights, the ministry investigated the alleged contraventions to the extent it considered necessary.
This Notice of Outcome has been prepared to fulfill the ministry's obligations under the EBR. The Act requires that the notice of the outcome of the investigation as well as a statement of what action, if any, the ministry has taken or proposes to take as a result of the investigation be provided to the applicants, the alleged contravener and the Environmental Commissioner.
A review of the Aggregate Resources Act files, a site inspection and interviews with the aggregate operator, MNR District personnel and the applicants was conducted by the Intelligence/Investigation Specialist, Aggregates/Lands/Fire. This information was used to determine if contraventions of the Aggregate Resources Act and the Fisheries Act had occurred.
OUTCOME OF INVESTIGATION:
It is MNR's determination, based on careful consideration of the evidence, that the Aggregate Resources Act and the Fisheries Act were not contravened by the aggregate extraction activity at the Bowman Pit Complex.
I. AGGREGATE RESOURCES ACT
Section 15 Every licensee shall operate the licensee's pit or quarry in accordance with this Act, the regulations, the site plan and the conditions of the licence.
Section 57 (2) Every person who contravenes or permits the contravention of the site plan or a condition of the licence or permit is guilty of an offence.
These sections of the Aggregate Resources Act require that the aggregate operator follow the direction for extraction and rehabilitation as outlined in the MNR approved site plan and licence for the site. The MNR has determined that there is no evidence to support these allegations as outlined below.
Allegation 1: Removal of aggregate from below the water table
MNR Observation/Conclusion: The water that
was shown on the pit floor (e.g., "Crescent Pool") in February, March
and April has been determined to be from meltwater and precipitation which was
held in place by a subsurface clay layer,
Allegation 2: Excavation below the maximum depth of excavation
MNR Observation/Conclusion: The maximum depth of extraction has been reached in the
Darrington pit site. It is recommended that the final rehabilitation be
completed on the pit floor to ensure that the depth to the water table is not
violated.
Allegation 3: The damage/destruction to the woodlot
MNR Observation/Conclusion: A portion of the woodlot was removed under the
authority of the Pits and Quarries Control Act prior to the passing of
the Aggregate Resources Act. The Operator of these sites volunteered to protect this
woodlot by identifying it on the replacement site plans. Under
the current site plan, no further excavation is to occur in the woodlot.
Allegation 4: The damage/destruction to a Provincially significant wetland
MNR Observation/Conclusion: Excavation at the edge of the wetland occurred under
the authority of the Pits and Quarries Control Act prior to the passing
of the AggregateResources Act. The Operator
of these sites volunteered to protect this wetland by identifying it on the
replacement site plans. Under the current site plan, no further
excavation is to occur in the wetland.
Allegation 5: Stockpiles located in the wrong location
MNR Observation/Conclusion: The stockpiles
that are shown on the approved site plan are in compliance.
Allegation 6: Backfilling with material which is not inert
MNR Observation/Conclusion: There was no
indication that the backfilled material used on the sites was not Inert.
Material for backfilling, overburden from the site, is stockpiled on the site
for this purpose. Apparent backfilling in the area
of the "Crescent Pool" was actually the removal of a stockpile.
Rehabilitation has also begun in this area.
II. AGGREGATE RESOURCES ACT - ONTARIO REGULATION 244/97 AMENDED TO O. REC. 52/98
Section 7, Application for licences, aggregate permits or wayside permits and the operation of pits and quarries shall be in accordance with "Aggregate Resources of Ontario: Provincial Standards Version 1.0" published by the Ministry of Natural Resources.
This regulation requires that the operation of aggregate sites comply with provincial standards.
Allegation 7: The destruction/damage to the woodlot (as evidenced by standing trees within 5 metres of excavation face)
MNR Observation/Conclusion: A portion of the woodlot was removed under the authority of the Pits and Quarries Control Act prior to the passing of the Aggregate Resources Act.The Operator of these sites volunteered to protect this woodlot by identifying it on the replacement site plans. Under the current site plan, no further excavation is to occur in the woodlot. The provincial standards were not contravened.
III. AGGREGATE RESOURCES ACT
Section 57(3) Every person who contravenes this Act or the regulation is guilty of an offence.
Section 48(1) Every licensee and every permittee shall perform progressive rehabilitation and final rehabilitation on the site in accordance with this Act, the regulations, the site plan and the conditions of the licence or permit to the satisfaction of the Minister.
Section 48(1) requires compliance with progressive and final rehabilitation of sites in accordance with the Act, regulations, site plan and provincial standards.
Allegation 8: Progressive rehabilitation not being completed
MNR Observation/Conclusion: Rehabilitation is progressing on all the sites. There is no need to enforce this section.
IV. AGGREGATE RESOURCES ACT
Section 57(3) Every person who contravenes this Act or the regulation is guilty of an offence.
Section 15.16 (b) A licence shall be deemed to have been suspended if, the licensee's annual compliance report discloses a contravention of this Act, the regulation, the site plan or the conditions of the licence and the licensee fails to Comply with subclause (5)(a)(1) or (ii).
Section 15-16(b) of the Act indicates the importance of rectifying non-compliance, as indicated on the Annual Compliance reports by the specified date. If the non-compliance is not rectified by this date, the Licence is suspended.
Allegation 9: Failure of Adherence to Compliance Assessment Reports (CARs)
MNR Observation/Conclusion: There was no evidence found that indicated that the remedial action indicated on the CARs had not occurred by the specified time. The allegation of backfilling in the "Crescent Pool" to hide non-compliance was actually the removal of a stockpile.
V. FISHERIES ACT
Section 35(1) No person shall carry out any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat.
This Section of the Fisheries Act provides protection to fish habitat.
Allegation 10: Excavation into the water table causing harmful alteration, disruption or destruction of the downstream cold water fishery of Carroll Creek.
MNR Observation/Conclusion: The distance from the cold water Carroll Creek to the area of excavation and the absence of below water table excavation indicated that there has been no harmful effects on this stream from the aggregate extraction operation.
VI. The Ministry of Natural Resources - Guelph District, has not responded to the allegations of non-compliance of the operator as Identified by the Applicant to MNR.
The MNR, Guelph District Office responded to all the correspondence of the Applicant with the exception of the March 3, 1999 letter which had never been received by the Ministry. The former Darrington Pit site plan was discarded once a new plan was fully approved. This practice complies with ministry policy.
PROPOSED ACTION:
The Ministry has concluded that there is no evidence to support the alleged contraventions under the Aggregate Resources Act and the Fisheries Act. The Ministry does recognize the importance of continuing and improving upon the monitoring of the water table and the final depth of excavation elevations.
The Ministry will monitor the rehabilitation of sites where the final excavation depth and limit have been reached and will encourage the operator to finalize the rehabilitation of these areas at the earliest opportunity.