Week three was a full five days of evidence in chief and cross examination. Niagara Escarpment Commission wrapped up on Monday and the remainder of the week was spent with BCO experts.
Day 10
Brendan Henderson – Niagara Escarpment for MoB
-
-
- Finished evidence in chief
- Cross examination by BCO’s lawyer David Donnelly
- Lacked local knowledge of community water resources
- Was not aware of domestic wells drawing water from shallow aquifer
-
Luis Lasso, Hydrogeologist, Region of Peel – summoned expert witness for BCO
-
-
- Evidence in chief
- Confirmed the 500m zone of influence should be from the location of pumping, not the property boundary
- Confirmed limitations of 72 hr pumping impact assessment was restricted to wells in property – no wells in the hamlet
- Seemed to believe that residents were informed of pumping test that occurred in June 2024 by a letter sent March 2024
- Was not aware of domestic wells drawing water from shallow aquifer
- Testified that in the case of a disruption of local well water, the Region of Peel would no longer provide water as an emergency replacement
-
Drew Haines, Development Engineer, Town of Caledon – summoned expert witness for BCO
-
-
- Evidence in chief
- Confirmed the Chief Building Official for the Town has no authority under the Ontario Building Code to monitor nitrates from septic systems on private lands
- Was not aware of domestic wells drawing water from shallow aquifer
- Confirmed rapid infiltration facilities would transmit chlorides from road salt into the shallow aquifer
-
Day 11
Les Stanfield, Aquatic Ecologist and Landscape Hydrologist – expert for BCO
-
-
- Evidence in chief and cross examination
- Confirmed Belfountain Creek is a sensitive cold-water habitat
- Confirmed 3.0 mg/l nitrate is the long-term water quality guideline for protection of brook trout
- Confirmed that exceeding the guideline for more than 7 days can cause the death of trout eggs and embryos
-
Day 12
Les Stanfield, Aquatic Ecologist and Landscape Hydrologist – expert for BCO
-
-
- Completed cross examination
-
Garry Hunter, Hydrogeologist and Civil Engineer – expert for BCO
-
-
- Evidence in chief
- Confirmed 80% of MoB groundwater in shallow aquifer goes to Belfountain Creek
- Confirmed presence of moraine dam
- Confirmed “sleeping giant” of nitrate contamination would be from lawn fertilizers
-
Day 13 The Town of Caledon introduced a new draft plan condition as a result of BCO’s identification of septic nitrate migration issue:
The Applicant and Town have reached an agreement on one additional Draft Plan Condition, which we share now with the parties and the Tribunal. Please forward this to Member Best.
A clause shall be included in the subdivision agreement stating that, prior to registration for either Phase 1 or 2 (if Phase 2 proceeds), the Owner is required to enter into and register on title of the subject lands an agreement or other appropriate instrument (“Agreement”) requiring the use, installation and maintenance of an advanced wastewater treatment system for each lot, which has capacity to reduce nitrate by at least 50% (“Advanced Treatment System”) and such Agreement shall include clauses requiring lot owners to conduct nitrate monitoring and reporting, maintenance and replacement of any installed Advanced Treatment System, and, further, that the Owner shall provide the necessary financial deposit/security, including the timing of such payments, to carry out any of the works identified in the Agreement, all to the satisfaction of the Town and Region. Any peer review required by the Town or Region to develop a monitoring program within the Agreement shall be funded by the Owner.
The Belfountain Community Organization was informed earlier in the week of this proposal. The Board of Directors turned down the proposal from the Town on Wednesday evening as it did not address nitrate contamination monitoring and contingencies for existing domestic wells in the village or Belfountain Creek
Garry Hunter, Hydrogeologist and Civil Engineer – expert for BCO
-
-
- Evidence in chief and cross examination
-
Day 14
Nancy Mott, Planner – summoned expert witness for BCO
-
-
- Evidence in chief and cross examination
- Confirmed plan of subdivision not consistent with Niagara Escarpment Plan
-
Dr. Martin Shepley, Hydrogeologist for MoB
-
-
- Reply to evidence of Mr. Hunter
- Confirmed no data collected for surrounding groundwater springs and seeps in Belfountain
-
Closing statements from each party will be on Monday afternoon starting at 3PM, following which, the OLT hearing closes