This notice is given by the applicant in accordance with section 47 of the Environmental Bill of Rights, 1993. The notice was prepared by the appellant and represents their position. It does not represent or reflect the views of the Government of Ontario, nor does the Government of Ontario make any representations about the accuracy of the content of this notice.

Decision being appealed

On June 15, 2021 (decision posted on June 17th), an Environmental Compliance Approval (air & noise) was granted to R. W. Tomlinson Limited for a mobile ready-mix concrete plant which will operate throughout the Province of Ontario. ENVIRONMENTAL COMPLIANCE APPROVAL NUMBER 2456-BZ7P6H. The approval allows contaminant emissions into the atmosphere of the following: suspended particulate matter; nitrogen oxides; calcium oxide; crystalline silica; noise; and, fugitive emissions.

Grounds for leave to appeal

1. Insufficient Notice was given of the application for the ERO (ECA), except on the Ministry Registry, thereby providing us with little opportunity to comment before approval was granted.
2. We believe that R.W. Tomlinson Ltd. intends to operate the Concrete Batching Plant at their Quarry in Napanee, principally because Tomlinson stated this intention in their presentation to Council for rezoning for a Permanent Hot Asphalt Plant at that location. The Napanee location is in unacceptably close proximity to the Napanee River, the Napanee Limestone Plain IBA (Important Bird and Biodiversity Area), the Town of Greater Napanee's Watershed and mapped Intake Protection Zone (protected through policies in the Quinte Region Source Protection Plan. Ontario's Clean Water Act was created specifically to protect drinking water at the source rather than simply relying on water treatment alone to deliver safe, clean water), farms, residential areas, parks and conservation areas, schools and churches, plus Historic Downtown Napanee. Our objections apply also - in greater or lesser degree - to other small town locations throughout Ontario.
3. The location stipulated as 'throughout the Province of Ontario' provides for no setback requirements to allow for limitations to Surface Water Contamination or Contamination of other Environmentally Sensitive Land Uses.
4. The permitted emission of 'Suspended Particulate Matter' is unacceptably vague and lacks any specificity for toxicity or mitigation measures. Similarly 'Fugitive Emissions'.
5. Nitrogen Oxides, Calcium Oxide and Crystalline Silica are all toxic to human health and welfare and the environment. The emission levels permitted in the approval are unacceptably high and in dangerous proximity to human habitation and other vulnerable land and water uses. The UN, WHO, the EU and the Government of Canada (through Environment and Climate Change Canada) have issued guidelines to reduce the volume of these toxic emissions into the atmosphere.
6. The noise level limits are solely in comparison to the 'ambient' noise created by Tomlinson themselves, rather than to the ambient noise levels without the presence of Tomlinson. Noise is toxic to human health.
7. There is no Closure Plan in place or guarantee of mitigation measures for damages to surrounding residential areas and the environment. In conclusion, we believe that no reasonable person or ministry could justify the approval of this Concrete Batching Plant under the terms stipulated in the above defined ERO.