|
|
EBR Registry Number: XA04E0001
|
Type of Notice: Information
|
|
Ministry: Environment
|
Status of Notice: Information
|
|
Date Information Notice Posted: 2004/02/24
|
INFORMATION NOTICE
© Queen's Printer for Ontario, 2004
Title :
Replacement Permit to Take Water for OMYA
General Reason for Notice:
This notice is for your information. The Environmental Bill of Rights does not require this notice to be placed on the Environmental Registry, however, section 6 of the Act does allow the Environmental Registry to be used to share information about the environment with the public.
Further Specific Explanation:
OMYA was originally issued a Permit To Take Water for this water-taking in August 2000. The issuance of the original permit was subject to a third-party application for leave to appeal. The application was granted in November 2000. A hearing was then held before the Environmental Review Tribunal, which rendered its decision in February 2002. This decision was subsequently appealed to the Minister, who issued his decision on February 14, 2003.
This decision to revoke and replace the original permit with a new permit was made solely in accordance with the mandatory requirements of Ontario Regulation 434/03. No changes, other than those changes mandated by the regulation, have been made to the conditions imposed by the Minister in his decision which resulted from the public process described in the paragraph above.
As the Ministry had no consideration in the matter (the Director was legally compelled to issue the instrument), there was no proposal to request comments on.
PLEASE NOTE: This instrument is for surface water taking only, and not for groundwater taking.
Short Description:
On January 9, 2004, Permit 00-P-4096 was cancelled and Permit 03-P-4107 was issued.
Replacement Permit to Take Water: OMYA (Canada) Inc.
Source of Water: Tay River (unchanged from previous permit)
Purpose of Taking: Commercial (unchanged from previous permit)
Amount of Taking: 1,483 cubic metres per day
Length of Taking: The permit expires on January 1, 2010
Background Information:
OMYA’s original Permit 00-P-4096 allowed for OMYA to take up to 1,483 cubic metres of water per day from the Tay River. It further authorized OMYA to take 4,500 cubic metres water per day from the Tay River after December 31, 2003 if certain conditions were met.
Section 6 of Ontario Regulation 434/03 (The Taking and Use of Water), which was filed on December 18, 2003 requires a Director to revoke any Permit to Take Water that:
-allows water to be taken in Southern Ontario for a purpose that has been prohibited by the regulation (in this case, the water is being mixed with processed aggregate to make a slurry); and
-authorizes an increase in water taking after the regulation taking effect
As the original permit contained a condition that allowed the company to increase the amount of taking from 1,483 cubic metres of water per day to 4,500 cubic metres of water per day after December 31, 2003, the Director was required to cancel the permit.
In addition to the requirement to cancel the permit, section 6 of the Regulation requires that the Director issue a new permit, for the amount of taking that was allowed prior to the regulation taking effect and containing the same terms and conditions as were contained in the cancelled permit, with the exception of the terms and conditions relating to the authority to take an increased amount of water in the future.
Effective January 9, 2004, Permit 00-P-4096 was cancelled and Permit 03-P-4107 was issued to OMYA. The new Permit’s conditions only allow for the taking of 1,483 cubic metres of water per day as per the requirements of Regulation 434/03. The remainder of the conditions and reasons for the conditions, found in the Minister’s decision, have been left unchanged.
Note that a Permit to Take Water has previously been issued to OMYA for its groundwater wells (97-P-4018). This notice addresses the surface water (Tay River) taking only.
Additional Material:
Provided at the end of this notice are hyper-links to;
- New permit to Take Water (03-P-4107)
- Environmental Registry Notice on the original Permit
- Ontario Regulation 434/03
Contact Person:
Clyde Hammond, Supervisor, Technical Support Section
Eastern Regional Office
133 Dalton Avenue, P.O. Box 820
Kingston, Ontario, K7L 4X6
PHONE: (613) 549-4000 FAX: (613) 548-6908
The following offices have additional information:
Kingston District Office
133 Dalton Avenue
Box 820, Kingston, Ontario, K7L 4X6
PHONE: (613) 549-4000 FAX: (613) 548-6920
Additional material in support of this notice is available by clicking the following hyperlink(s):
http://www.ene.gov.on.ca/envision/env_reg/er/documents/2004/XA04E0001.pdf
http://www.ene.gov.on.ca/envregistry/013314ei.htm
http://www.e-laws.gov.on.ca/DBLaws/Regs/English/030434_e.htm
|
