One of the ways fresh water is protected in Ontario is by permitting more significant water withdrawal events. The Ministry of Environment and Climate Change (MOECC) requires those who withdraw water to obtain a Permit to Take Water (PTTW). The source law regarding PTTW is found in the Ontario Water Resources Act, and Ontario Regulation 387/04.
These water withdrawal events can include dewatering an excavation, withdrawal or pumping water for irrigation, a groundwater pump-and-treat system, or withdrawal of water for drinking or process water.
Construction dewatering in Ontario may require a Permit to Take Water
Who Needs a PTTW?
In general, you will need a PTTW if you are going to pump more than 50,000 litres/day from a surface or groundwater source. Exceptions to this rule include livestock, poultry, home gardens and lawns, and if the water withdrawal is being used for firefighting purposes.
Assuming you don’t qualify for an exemption, here are the three PTTW categories and a brief overview of the requirements.
Permit to Take Water Categories
A Category 1 PTTW generally applies to existing water takings (i.e., permit renewals with consistent or smaller volume water-taking rate). For a new PTTW application to fall under Category 1, water must be collected from a pond underlain by high conductivity soils. No hydrogeological study is required for a Category 1 PTTW.
A Category 2 PTTW is a short-term, non-recurring water taking of less than seven days (e.g., pumping test and hydrostatic test) OR short-term, non-recurring water taking of less than 30 consecutive days and less than 400,000 litres/day (e.g., construction dewatering and dust suppression). A Category 2 application requires a Qualified Person (P.Geo. or exempted P.Eng. as set out in the Professional Geoscientists Act of Ontario) to conduct a technical review of the proposed water taking. This review will focus on (a) confirming that the proposed water taking meets the criteria for Category 2, and (b) designing the water-taking activities to prevent unacceptable environmental impacts or interference with other users.
A Category 3 PTTW would by default be all groundwater takings that do not meet Category 1 or 2 criteria. A Category 3 PTTW must have a detailed hydrogeological study prepared by a Qualified Person that will undergo a full scientific review by the MOECC. The review criteria for a Category 3 PTTW includes:
- The amount of water taken
- The duration of the water taking
- The nature of the aquifer (confined or unconfined)
- The proximity of surface water that is likely to be affected
- Other water uses, or sensitive areas, and
- Proximity of a potentially-contaminated area
Part of the permitting process includes an Application for Permit to Take Water. Note that there is also a permit application fee: Category 1 is $750, Category 2 is $750, and Category 3 is $3,000.
Obviously, there are more details to the permitting process, and this is only a very brief overview. If you are involved in water withdrawal, we encourage you to carefully evaluate your specific situation in light of the MOECC’s requirements.
If you have any questions about a PTTW or need assistance with a permit, please feel free to contact me (cpare@dragun.com) at 519-979-7300, ext 114.