Three months after denying a car wash owner’s request to use well water, Quispamsis council has changed its mind.
Council voted 5-1 on Tuesday night to allow Wash 66 to use a drilled well for its operations, provided it follows a series of conditions. Deputy Mayor Libby O’Hara was the dissenting vote.
The car wash on Pettingill Road has been trucking in thousands of litres of water each week since it first opened in May 2019. Owner Jeff Sheppard sought an amendment to his development agreement to use drilled wells on the property instead.
The original development agreement between Wash 66 and the town allowed for Sheppard to apply for permission to change the water source, as long as a full comprehensive hydrogeological study was completed.
The study by Fundy Engineering suggests water supply is “not a concern” in the area, noting there would “likely be more than 11 times the maximum daily consumption by Wash 66 available” from the well.
Council voted 3-2 against the application July, despite it being recommended for approval by town staff and the planning advisory committee. A motion for council to reconsider its decision brought forward during a subsequent meeting in August was also defeated.
But councillors were asked once again Tuesday to reconsider their decision and were presented with an amended developer’s agreement, which included a list of conditions.
While most of those conditions were previously proposed, the new agreement says the business must comply “at all times” with the Clean Water Act. The provincial act governs how much water can be extracted from the well, according to Dwight Colbourne, the town’s municipal planning officer.
Under the provincial regulation, Wash 66 can use up to 50,000 litres of water daily without having to undergo an Environmental Impact Assessment.
“If you have an operation that’s not in compliance with that Clean Water Act, then obviously conditional provisions kick in. You have more authority in terms of bringing into compliance,” said Colbourne.
Other conditions in the agreement include measuring water levels within the well daily and filling the holding tanks during non-peak residential use.
If water levels drop 20 metres below the ground surface, Wash 66 will have to revert to bulk water imports until a licensed engineer or geoscientist could determine further pumping is sustainable. It will also have to continue recycling at least 50 per cent of the water used in the car wash and will not be able to expand without approval from the town.
Colbourne acknowledged that no other business in the town, to his knowledge, is subject to this level of requirements.
“It’s a new business in the town and this is a first car wash like this in the town,” said Mayor Gary Clark when asked about the mitigating measures. “There were some certain concerns from residents in the town and they were certainly addressing their concerns and we were listening to them.”
Sheppard’s plan to use well water has drawn criticism from nearby residents. During a public hearing in May, several residents raised concerns about the impact the change could have on their water supply.
“We’ve done the due diligence and there have been hydrogeological studies done showing that the water is there and there’s sufficient water in the ground. We looked at all of that and we took the staff’s recommendations to move forward,” said Clark.
Some residents have also accused Sheppard of using the wells before receiving council approval. Clark said staff are looking into the matter but he declined to say if there might be repercussions.
Clark said he does not think the council was wrong to turn down the business owner’s original plan, even though it had the backing of town staff.
“We were listening to the residents and to the business owner as well and making sure that all of the decisions were made. Certainly, council have the right to vote either way and make their own decisions,” he said.