On August 31, 2023, the Ontario Ministry of the Environment, Conservation and Parks (MECP) proposed a new regulation under the Environmental Protection Act which will allow owners of certain stormwater management works to self-register on the Environmental Activity and Sector Registry (EASR), instead of requiring an Environmental Compliance Approval (ECA).
Strict requirements will be required of all stormwater management works, including a site-specific technical assessment performed by a licensed engineering practitioner (LEP) to identify if the works could be a significant drinking water threat. In this case, the LEP would be required to consider additional management measures.
EASR registrants would be able to proceed with the activity immediately after self-registration instead of waiting up to a year for MECP review, thereby reducing the regulatory burden while continuing to protect the environment and human health.
In addition, the MECP is proposing amendments to O.Reg. 525/98 to expand on ECA exemptions for low impact development (LID) works and amendments to O.Reg. 287/07 requiring the identification of activities that are significant drinking water threats.
The comment period on the Environmental Registry of Ontario is open through October 30, 2023.
Summary of Stormwater Management Works EASR Proposal
If an activity is eligible for registration on the EASR, rules in the regulation will have to be followed, but an ECA would no longer be required. Eligible stormwater management works will include those servicing the following types of privately owned (non-municipal) activities:
- Commercial, institutional, and light industrial where:
- any processing, repair or maintenance activities are conducted indoors, and
- any outdoor handing or storage of soil, raw material, intermediate, finished or by-products is contained such that contact with stormwater is restricted.
- Multi-unit residential discharging to combined sewers or the natural environment.
Strict design, operation and maintenance requirements will be in place to ensure self-registrants have measures in place to protect the environment by following all existing MECP standards, guidance, and limits. The LEP will be required to design the works to achieve strict effluent limits and prepare the following documentation to be followed and maintained on-site:
- design report
- operations and maintenance manual
- spill contingency plan (as applicable)
- erosion and sediment control plan (as applicable)
Summary of Amendments to O.Reg. 525/98 (Expand on ECA Exemptions for LID Works)
The MECP is proposing to expand on exemptions for low-risk LID works, including:
- infiltration trenches
- swales
- permeable pavements
- rain gardens
These are stormwater management activities servicing small areas which infiltrate into the ground and pose little to no environmental risk.
Summary of Amendments to O.Reg. 287/07 (Management of Risks to Drinking Water)
Under these proposed amendments, proponents would be required to identify if an activity is a significant drinking water threat. If identified as such, the LEP would need to consider additional design measures and possibly other requirements, such as a monitoring plan. Amendments to existing source protection plans will be permitted without undergoing the existing amendment processes i.e., managed by the stormwater management regulation on the EASR instead of an ECA.
Conclusions
Stormwater management works EASR registrants will be able to proceed with their activity immediately after self-registration instead of waiting up to a year for MECP review. Amendments to O.Regs. 525/98 and 297/07 are further intended to reduce the regulatory burden while ensuring the ongoing protection of drinking water sources. The Trinity Toronto office can assist with EASR registrations and ECA applications. If you have any questions, please do not hesitate to reach out to Sundar Sadashivam in Trinity’s Toronto office.
