February 28, 2017 Overview • Types of Projects and • Introduction and Background Schedules • Ontario Environmental • Private Sector Development Assessment Act and Types • PVT Class EA of Class EA? • Definition of an Approved • Monitoring of Municipal Class EA Class EA • Approved “Parent" Class EA • Planning and Design Process for Municipal Projects • Five Phase of Class EA • Individual EA Approval Mechanism Planning Process • Municipal Class EA Common • Changing the Project Status Principles – Appeal Process • Principles of Good EA • The outline for the Planning preparation of the Environmental Study Report Objectives • To understand: 1. The Municipal Class EA; 2. The Schedule Projects; 3. The various phases and steps; 4. The writing of EA report; and 5. The appeal process. Introduction and Background
• The purpose of the Ontario Environmental
Assessment Act is to provide for (Part I-Section 2): – The betterment of the people of the whole or any part of Ontario by providing for the : – Why doing municipal class EA 1. Protection, 2. Conservation; and 3. Wise management (Sustainability) of the environment. Ontario Environmental Assessment Act • The EA Act identifies two types of EA planning and approval processes: • Individual and Class EA – Part II: • Individual EA for those projects for which Terms of Reference (ToR) and an individual EA are carried out; and • Submitted to the Minister of the Environment and Climate Change (MOECC) for review and approval; – Part II.I: Public Structures 20- 30 yrs Known impact • Class EA for those projects which are approved subject to compliance with an approved class EA process; • Providing the approved process is followed; and • Proponent has complied with Section 13 (3)(a) of the EA Act. What is a Class EA? • A Municipal Class EA is a five phase study that identifies potential positive and negative effects of projects such as: – Road improvements, – Water and wastewater projects – Facility expansions, or – To facilitate a new service. • The process includes an extensive evaluation of impacts on the natural and social environment, which includes: – Plants and animals, – Soils, – Traffic patterns, – Residents, and – Businesses community. – etc. Who does a Class EA apply to? • The Municipal Class EA applies to municipal infrastructure projects such as: – Roads, – Water and wastewater projects etc. • Projects undertaken by municipalities can vary in their environmental impact, – Sewer maintenance vs. Road extension and new sewer – Both has different scale of impact on the environment. • Such projects are classified in terms of schedules. Definition of an Approved Class EA • An approved Class EA describes the process that a proponent must follow for projects; • Sub section 14(2) of the EA Act identifies that once "parent" Class EA is approved under the EA Act, all projects of the type included in the class have pre- approval under the EA Act, provided: – They are carried out in accordance with the commitments made in the "parent" Class EA; and – Any additional requirements specified in the EA Act approval. – Example: Watershed Study Dingman Check Sub water Shed Study Approved “Parent" Class EA for Municipal Projects • The Class EA establishes a process whereby the municipal projects can be: – Planned, – Designed, – Constructed, – Operated, – Maintained, and – Rehabilitated without having to obtain project specific approval under the EA Act. Approved “Parent" Class EA for Municipal Projects • The Class EA process do not replace or exempt the formal processes of other applicable: – Federal and provincial legislation; and – Municipal by-laws; and – Specific public and agency consultation that they may require. Individual EA Approval Mechanism • Report submitted to MOE for a decision; • MOE initiates formal government and public review; • Appeal mechanism - request a hearing; and • For Timelines see Ontario regulation 334. • Regulates scheduling and timing Municipal Class EA Common Principles • Outline planning process; • Eg Fish Ladder Range (Slope, flow,…etc) • Outline process for types of projects in various classes based on: – Level of complexity, and – Potential for impacts; and • Encourage proponents to utilize good environmental planning principles; Municipal Class EA Common Principles Very Important Slide • Outline minimum requirements for consultation; • Describes documentation principles; • Provides opportunity for stakeholder appeals (Complaint Appeal) (Part II Order/’Bump—up”) B to C • Follow general model (6 Steps of Municipal Class EA): 1. Identify Problem; Development in the Flood Plain 2. Examine Alternatives; 3. Examine Alternative Methods; 4. Select the Best Alternative; 5. Assess Impacts; and 6. Develop Mitigation. How environment and project exist Principles of Good EA Planning 1. Consultation: – Consultation with potentially affected parties early in and throughout the process; As soon as you know the project 2. Alternatives: – Consideration of a reasonable range of alternatives; 3. Effects: – Consideration of effects on all aspects of the environment; and 4. Evaluation of Alternatives: – Systematic evaluation of alternatives documentation. 4 Important Types of Projects and Schedules • Municipal Engineer Association (MEA ) Public Sector . • Information about Class EA • EXAM: DETERMINE A SCHEDUALE OF A PROJECT • Class EA projects are classifieds as: 1. Schedules A, limited scale min env. Effect N 2. Schedules A+, 3. Schedules B; and 4. Schedules C. Schedule ‘A’ • Schedule ‘A’ – Typically limited in scale; – Minimal adverse environmental effects – Include normal or emergency operational and maintenance activities; – Pre - approved; – Proponent may proceed without following procedures set out In the Municipal Class EA; – Immediate. No need for public participation – Examples: • Storm sewer maintenance • Water main burst maintenance Schedule A+ • As a result of amendments in 2007; • Projects under Schedule A+ are Pre-approved; • Public is to be advised prior to implementation; • The methods and means used for public advise are to be determined by the proponent prior to implementation; • Some type of public notification for certain projects; • Does not request a Part II Order (Ignore Complaint Appeal) ; and • Public comments are directed to the municipal council where they would be more appropriately addressed. • Examples • Storm sewer replacement • Water main replacement Schedule ‘B’ • All Municipal Projects start as Class B, might be pumped to C later. • Potential for some adverse environmental effects with known mitigation; known Env. Issues • Generally include improvements and minor expansions to existing facilities; • Undertake a screening process including mandatory contact with: – Public: directly affected public, and – Relevant review agencies, MNR, CA, MECC • Place “Project File” on minimum 30 day public review. Schedule ‘B’ • The municipality is required to proceed through a screening process including consultation with those who may be affected. • The contents may includes: – Background info; – Problem and/or opportunity being addressed; – Description/Inventory of the environment; – Alternatives and evaluation process are considered; and – Public consultation, how concerns have been addressed. – No Environmental Impact Discussion Schedule ‘C’ • NEW Projects are ALWAYS Class C • Potential for significant environmental effects; • Public must be consulted; • Generally include construction of new facilities and major expansions to existing facilities; • Must proceed under the full procedures specified In Class EA; and • File Environmental Study Report (ESR) for minimum 30 day public review. Schedule ‘C’ • Schedule ‘C’ Environmental Study Report; • Suggested Outline Can be done for Class C: – Executive Summary: Purpose of the project – Chapter 1 — Introduction and Background – Chapter 2— Problem Statement – Chapter 3— Alternative Solutions Start Design – Chapter 4 - Alternative Design Concepts for the Preferred Alternative – Chapter 5 — Project Description – Chapter 6- Monitoring Appendices Private Sector Development • Development of municipal servicing infrastructure is undertaken by: – Municipalities acting in their own behalf; – On behalf of private sector developers; – By private sector developers acting in their own behalf. • Works undertaken by private sector developers, with the exceptions noted in Ontario Regulation 345/93 continue to be exempt from the EA Act and are therefore not subject to this Class EA. Private Sector Development • Private sector development are subject to review prior to implementation, regardless of: – Who undertakes the planning and construction; and – Who is ultimately responsible for control and maintenance of the works. • Municipalities are encouraged to consider requiring developers to fully consider appropriate alternatives even if the project is exempt under Ontario Regulation 345/93. Monitoring of Municipal Class EA • In order to monitor the effectiveness of the process in meeting the requirements of the EA Act, as well as municipal compliance, proponents are required to submit to the MOE, – One copy of the "Notice of Completion" for each Schedule B project; and – The "Notice of Completion of Environmental Study Report" for each Schedule C project. – This in turn will provide a record of projects undertaken within the province for use during the next review of this Class EA. Planning and Design Process • The main elements of the process and its application are that it: – Incorporates the key features of environmental assessment planning; – Follows five basic phases which are conducted within a framework of environmental protection, – Effective consultation with stakeholders including: • Review agencies, • Public, • Property owners, • Interest groups, and • Traceable decision making; – Outlines mandatory consultation and documentation requirements; Five Phase of Class EA Planning Process • Phase 1; • Phase 2; • Phase 3; • Phase 4; and • Phase 5. Five Phase of Class EA Planning Process 1. Phase 1: – Identify the problem or opportunity. – What are the problems that might be faced 2. Phase 2: – Identify alternative solutions to address the problem or opportunity by taking into consideration the existing environment, and – Establish the preferred solution taking into account public and review agency input; – Determine the appropriate Schedule for the undertaking and – Document decisions in a Project file for Schedule B projects, or proceed through the following Phases for Schedule C projects. Five Phase of Class EA Planning Process 3. Phase 3: – Examine alternative methods of implementing the preferred solution, based upon the existing environment, – Public and review agency input, – Anticipated environmental effects, – Methods of minimizing negative effects. and – Maximizing positive effects. Five Phase of Class EA Planning Process 4. Phase 4: – Document summary of the rationale in an Environmental Study Report; – Planning, design and consultation process of the project as established through the above phases, and – Make such documentation available for review by agencies and the public. Five Phase of Class EA Planning Process 5. Phase 5: FINAL PHASE BEST ALTERNATIVE DESIGN DONE – Complete contract drawings and documents; – Proceed to construction and operation; – Monitor construction for adherence to environmental provisions and commitments; and – Where special conditions dictate, also monitor the operation of the completed facilities. Phase 5 - Implementation • Completion of contract drawings and tender documents, • The contract drawings, documents and method of construction shall embody the selected design, • The environmental provisions and mitigating measures developed throughout the planning process as detailed in the ESR Env Study Report, • The proponent cannot change or omit the provisions in terms of design • Normally tenders are issued after the expiration of the 30-day ESR review period. Phase 5 - Implementation • Contracts are awarded, construction takes place and the project is implemented, commissioned and placed into operation; • Monitoring for environmental provisions and commitments. – The environmental provisions and commitments made in the ESR shall be fulfilled and effective. – Monitoring of project operation may be necessary to ensure the effectiveness of the selected solution in resolving the problem. • The results of the monitoring program shall be communicated to the public and review agencies, if requested. Environmental Study Report • The Environmental Study Report (ESR) is intended to be a traceable • Easily understood record of the decision making process. For public • The following brief outline sets out the general requirements: a. A description of the problem or opportunity and other background information. Eg. Why 5 alt.?which one is the best one? b. The rationale employed in selecting the preferred solution to the problem. c. The rationale employed in selecting the preferred design. d. A description of the environmental considerations and impacts. e. The mitigating measures which will be undertaken to minimize environmental effects. f. A description of the consultation process and an explanation of how concerns raised by the public and review agencies have been addressed in developing the project g. A description of the monitoring program which will be carried out during construction and, if necessary, for a specific time during operation. Environmental Study Report • ESR is placed with Municipal Clerk for public input and record for at least 30 calendar days for review by the public, • At the time of filing the ESR, the public and review agencies must be notified, • This is accomplished by the mandatory issue of Notice of Completion of ESR, • This Notice constitutes the third mandatory contact point with the public and review agencies and also carries a mandatory requirement to include notification of the provision to request a Part II Order. • If no request for an Order is received by the Minister within the review period, then the proponent may proceed to Phase 5 and implementation of the project. Changing the Project Status – Appeal Process- Part II Order • Part II Order Under the provisions of subsection 16 of the amended EA Act: – An opportunity under the Class EA planning process for the Minister or delegate to review the status of a project; • Members of the public, interest groups and review agencies may request the Minister or delegate to require a proponent to comply with Part II of the EA Act, before proceeding with a proposed undertaking. • The Minister or delegate determines whether or not this is necessary with the Minister's or delegate's decision being final. They decide if important, if yes pump up from Class B to Class C Procedure to Request a Part II Order • The procedure for dealing with concerns which may result in the Minister or delegate by order requiring a proponent to comply with Part II of the EA Act is outlined as follows: a. For Schedule B: • Person or party with a concern should bring it to the attention of the proponent in Phase 2 of the planning process; b. For Schedule C: • Person or party with a concern should bring it to the attention of the proponent at any point during Phase 2 through Phase 4 of the planning process; c. If a concern is not resolved through discussions with a proponent, the person or party raising the objection may request the proponent to voluntarily elevate a Schedule B project to Schedule C; Procedure to Request a Part II Order d. Elevate a Schedule B or Schedule C project to an individual environmental assessment; e. If the proponent declines, and the person or party with the concern wishes to pursue the matter, they may write to the Minister of the Environment or delegate and request a Part II Order; and f. These requests shall be copied by the requester to the proponent at the same time that they are submitted to the Minister or delegate. Procedure to Request a Part II Order • For Schedule B projects, – a written request must be submitted to the Minister or delegate within the 30 calendar day(Sat and Sun) review period after the Notice of Completion has been issued. • For Schedule C projects, – a written request must be submitted to the Minister or delegate within the 30 calendar day review period after the proponent has filed the ESR in the public record for public review and has issued the Notice of Completion of ESR. • Requests made or received after the 30 calendar day review period will not be considered. Procedure to Request a Part II Order • It is the proponent's responsibility to ensure proper notification to the public of their legal right of review under this Class EA . • Failure to satisfy this requirement may result in the Minister or delegate ordering an additional period of public review, with appropriate notifications, or could result in the Minister accepting a request after the 30- day review period. • On receipt of a request by the Minister, the Minister or delegate shall advise the proponent of the receipt of the request. Relationship of Projects within the Class EA to Other Legislation • Planning Act • Municipal Act, 2001 • Ontario Water Resources Act Environmental Protection Act • Ontario Regulation 586/06 • Drainage Act • The Provincial Policy Statement (PPS); • The Oak Ridges Moraine Conservation Act 2001, and the Oak Ridges Conservation Plan enacted in 2001; • The Ontario Safe Water Drinking Act, 2002 and its regulations; • The Nutrient Management Act, 2002 and its regulation; • The Niagara Escarpment Plan; • The Greenbelt Plan; near ski resort on the right side of 401 Relationship of Projects within the Class EA to Other Legislation • Clean Water Act, 2006; • Great Lakes — St. Lawrence River Basin Sustainable Water Resources Agreement, • Safeguarding and Sustaining Ontario's Water Act, 2007. • Municipal projects must also comply with the requirements of the Canadian Environmental Assessment Act (CEAA) where applicable. • In addition, there are a number of Federal Acts that are relevant to municipal projects including: – Fisheries Act – Navigable Waters Protection Act – Species at Risk Act – Migratory Birds Convention Act – Canadian Transportation Act The outline for the preparation of the Environmental Study Report • Executive Summary • Chapter 1- Introduction and Background • Chapter 2 - Problem Statement • Chapter 3 - Alternative Solutions • Chapter 4 - Alternative Designs • Chapter 5 - Project Description • Chapter 6 - Monitoring