[Guelph] Nestlé's water permit renewal a test of new rules, Sandals says

Posted July 13, 2007 in [Water]

Rob O'Flanagan, July 12, 2007, Guelph Mercury - Nestlé Waters Canada's water-taking permit renewal process is likely being delayed both by a crush of public opposition and the need to review a deluge of water-monitoring data, says Guelph-Wellington MPP Liz Sandals.

The process, she said, is a test case for new regulations introduced in 2005, which required Nestlé and other Ontario water-taking operations to more intensely monitor the impacts of pumping large quantities water.

Sandals said if Nestlé's data, gathered over the last two years, shows a negative impact to the Aberfoyle sub-watershed, the company may be asked to reduce the amount of water it takes in Aberfoyle or it could lose its water-taking permit.

"I think the thing that is really time- consuming is that -- because in 2005 the Ministry (of the Environment) imposed very strict monitoring conditions -- there is now two years of monitoring data to go through," she said.

Nestlé's permit was renewed in 2005 and was subject to new regulations, including mandatory surface water and private-well monitoring and reporting.

The company was allowed to increase its take to 3.6 million litres per day from two million litres per day, although it sought approval to take up to five million litres per day.

That permit expired June 30 but was temporarily extended pending the outcome of the Ministry of the Environment's assessment of public input and data related to the renewal application.

Nestlé is seeking a five-year permit that maintains the 3.6 million litres per day levels.

Sandals said the new regulations make the permit process more labour intensive and at the same time much improved over what was in place prior to 2005.

The new regulations enable the Environment Ministry to gauge the actual impacts of water taking, she said.

And it gives the ministry the power to turn off the taps if the impacts are negative.

"Even during the course of the permit, if it appears from the monitoring data or other information that there is a negative impact on the groundwater or surface water, then the permit can actually either be reduced or revoked," she added.

According to documents released this month under the Freedom of Information and Protection of Privacy Act, Ministry of Natural Resources officials in Guelph cautioned the Environment Ministry more than two years ago against allowing higher levels of water to be taken from the Mill Creek sub-watershed in Aberfoyle.

They were concerned more demand on the water system -- which was already under pressure from drought and heavy use by local sand and gravel businesses --could have a negative impact on the trout fishery.

Conestoga Rovers Associates conducted a 72-hour test in October 2004 to gauge the impact of a sharp increase to pumping levels at Nestlé's main well in Aberfoyle.

The results of that test -- including an apparent reduction in cold groundwater discharge into the creek and reduced groundwater levels, experienced as much as 600 metres from the well -- sounded alarm bells among Natural Resources Ministry scientists, who expressed those concerns to the Environment Ministry.

Natural Resources Ministry officials felt their concerns were not addressed.

But Carl Slater, a Ministry of the Environment technical support manager, said the concerns were considered. He said "a miscommunication" is responsible for the Natural Resources officials seemingly feeling their assertions were overlooked.

"The comment we received from (the Natural Resources Ministry) related to a pumping test that was targeting five million litres per day. We shared those concerns and had some of our own. What we approved was just 50 per cent of what Nestlé was looking for."

However, it appears from the released documents that Natural Resources Ministry officials cautioned against any increase in pumping levels, and wanted the impacts of additional pumping more clearly defined.

The Environment Ministry, however, allowed increased pumping -- not at the levels Nestlé wanted, but well above the two-million-litre-per-day level it had been approved to take.

"We also put into the permit a condition that required Nestlé to consult with (the Natural Resources Ministry) about certain monitoring requirements," Slater said. "And we put in additional monitoring requirements and reporting over a two-year period so we could better assess this potential for impact."

Slater said Environment Ministry officials are currently poring over the data in order to make a determination about the impacts of the water taking.

"We want to get it right," he said.

"We want to make sure that all the proper people with the technical and science knowledge are properly engaged. And we want to make sure we go through all of those public comments and make sure we don't miss a thing."

roflanagan@guelphmercury.com