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Louisette Lanteigne butterflybluelu at rogers.com
Thu Feb 14 17:51:56 EST 2013


Hi folks

Interesting article in today's KW Record about how the Region is using the OMB to defend a section of the OPP that controls the depth of quarry pits in order to protect our groundwater supplies. View online here: 


http://www.therecord.com/news/local/article/886397--region-will-fight-to-maintain-control-over-depth-of-gravel-pits

I spoke with folks from Gravel Watch about this and they stated, what's at issue is control over the zoning application, which is a 
municipal (Planning Act) decision... to a degree. Municipalities decide 
on a zoning application which clearly defines the end depth of the pit. 
The problem is that, once the zoning is approved, the operator can go 
back the the Provincial Ministry of Natural Resources and apply to go 
deeper. In that case the municipality can COMMENT, but they have no 
power to say no. The process undermines the consideration and decision 
initially made by the municipality - they said yes based on a certain 
depth of extraction; then the game gets changed after it's out of their 
hands. Vertical zoning would require the applicant to go back to the 
municipality for a zoning change if they wanted to go deeper.

I know from the MNR that they don't have regard for the ESL because there is no provincial law to back it up. It would seem this might be an issue we can address through the Source Water Act, the Aggregate Act revision or even for the revision of the PPS 2005. Although the public comment periods might be closed, it's never to late to raise the concern with provincial agencies. 

Lulu 
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