Having a fill permit granted by the Grand River Conservation Authority (GRCA) doesn’t guarantee a municipality will allow the same permit to apply within its own jurisdiction – especially a permit that has lapsed.
Such was the case on Sept. 3, as Kent Kentner came before Erin council with a request for determination of a prior permit for fill.
The issue falls under the fill jurisdictions of both the GRCA and the town. Each organization has control of fill permits within specific areas – and sometimes both the GRCA and the town have jurisdiction over specific portions of a single property.
That is where the issue began for Kentner, who contacted the town, Wellington County and the GRCA – and a site meeting was held on June 18 as a prelude to put more fill material at his property, legally described as Lot 4, Concession 2, Wellington Road 125.
Previously, Kentner had material placed on site under a GRCA Site Alteration Permit in 2008/9 which has now lapsed.
A report to council noted that while placing the fill, a portion of the wetland was filled, which disrupted the drainage from the road side ditch, creating a large pond.
Wellington County public works requires that the drainage be reinstated because the pond in the ditch beside Wellington Road 25 is a hazard.
GRCA representative Nathan Garland noted any change to the drainage would need the approval of the conservation authority.
However, Kentner had not provided any firm information on the location or quantity of material he would like to place on site.
Both the GRCA and the Town of Erin informed Kentner a site alteration permit will be required from either the town or GRCA depending on the location of site placement, as each had jurisdiction on different portions of the property.
Garland surmised that the area Kentner wishes to fill – in a farm field – is beyond the regulated area of the GRCA and is within the jurisdiction of the town.
As such Kenter had to come before council to request a permit. He contended that a few years back he applied for a fill permit on his property.
“At that time there were really no rules and regulations,” he said. He agreed his dealings were with the GRCA.
“At the time, they didn’t want to give me a permit for the whole site and asked that it be done in two phases … For 35 years my dad and myself had a construction company and brought fill in, took fill out. We dealt with the Ministry of the Environment and never had any problems.”
Following his father’s passing, Kentner decided to clean the property of debris and such. He said that “from 2005 to 2009 we were dumping under the Ministry of Environment.”
However, when he recently got in contact to resume the next phase of fill, he was told this project was considered major, with a fee of over $7,000.
Tocher asked for clarification whether the permit was with the GRCA or the town.
The first permit came through the GRCA, but Kentner did not see why it mattered since he considered it as one job. Now, he said, it is a $8,000 fee – in addition to 50 cents per load.
He contended that he should just be able to pay a fee and be done with it.
Mayor Lou Maieron asked how many truckloads of fill Kentner intended to bring in. Kentner expected it would be similar to the original phase of the project – roughly 10,000 to 15,000 loads.
Tocher asked planner Sally Stull for clarification. Stull said a small portion of the land is controlled by the GRCA, but the rest requires a permit from the town.
Maieron said most of the area requiring a permit was within the town’s regulatory area.
Kentner contended this is still a continuation of previous work. But Tocher said this portion of the property lies within the town of Erin, which has its own rules, regulations and permit fees.
“We don’t just automatically adopt the rules and regulations of your former permit – which was a GRCA permit,” said Tocher.
Kentner said fill was put into the property for 35 years, “… and now everyone is concerned with fill. This should have been all one permit and this would have been finished three years ago.”
Tocher said Kentner still needed to get appropriate permits from the appropriate agencies.
Maieron said if there was an agreement to grandfather this in, some proof of that agreement needs to be provided.
Tocher stated that regardless “the Town of Erin permit policy is under no obligation to accept the GRCA policy as its own.”
Kentner said in 2009 he didn’t even need a permit.
“But you do now,” Tocher responded.
Kentner said he had no issue paying a permit fee. He was concerned that if he spent money on a site plan and the work required for a permit, the town might still turn it down.
Stull said it was unlikely this proposal would be under the 200-load limit noted in the town’s site alteration policy.
Anything over that amount requires a council decision on the permit, and notification of all property owners along the haul route, she said, adding, “It does get more expensive once you pass the 200-load limit.”
Kentner said it seemed his only option was to get a site plan made up.
While Maieron shared Kentner’s concerns, he said the rules have changed.
Councillor John Brennan said in offering the fairest advice he could, “if you have to spend a lot of money before you come to council before you ask for a permit … don’t … because you are probably not going to get it.”
The response from the audience was a round of applause.
