Thomas Cavanagh Construction Limited - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
013-3895
Ministry reference number
8439-B4WKG4
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
October 2, 2018 - November 16, 2018 (45 days) Closed
Last updated

This consultation was open from:
October 2, 2018
to November 16, 2018

Decision summary

A new Environmental Compliance Approval (air) was issued to Thomas Cavanagh Construction Limited, a ready-mix concrete batching plant located in the City of Ottawa, Ontario.

Location details

Site address

2596 Carp Road
Ottawa, ON
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Thomas Cavanagh Construction Limited
9094 Cavanagh Road
Ashton, ON
K0A 1B0
Canada

Decision details

A new Environmental Compliance Approval (air) was issued to Thomas Cavanagh Construction Limited, a ready-mix concrete batching plant located in the City of Ottawa, Ontario.

This approval includes all emission sources from the facility that exhaust to the atmosphere, including:

  • materials storage
  • a belt conveyor
  • a dust collection system
  • fugitive emissions from materials handling operations

Contaminant emissions to the atmosphere include:

  • dust
  • nickel
  • manganese
  • chromium
  • nitrogen oxides
  • noise

Comments received

Through the registry

0

By email

10

By mail

80
View comments submitted through the registry

Effects of consultation

Comments received directly from the public and through the city of Ottawa were reviewed and, where appropriate, were considered in our decision whether or not to proceed with this proposal.

Comments were consistent with concerns within the ministry and, as a result, terms and conditions were added. The applicant has demonstrated that when operated in accordance with this approval, the air and noise emissions from the approved equipment would be in compliance with this ministry’s applicable acts, regulations and guidelines, specifically, s. 9 of the Environmental Protection Act, O. Reg. 419/05: Air Pollution: Local Air Quality and noise guidelines, including ministry air quality standards and guidelines.

  1. Concerns related to air emissions focused on dust emissions from the normal operation and onsite activities such as on-site traffic and outdoors material handling. There were also comments regarding emission assessments in the submission package.
     

    The applicant has then provided updated documents to include assessments of more contaminants and sources, and refined the modelling assessment to increase the conservatism. As a result of considering the public concerns and in order to ensure ongoing compliance with applicable standards, the applicant is required to perform the following actions as conditions of the ECA:

    • ensure operation restrictions to be consistent to the basis of the emission assessment such as equipment operating periods, on-site traffic, etc.
    • implement and update annually, the proposed Best Management Practices Plan (BMPP) to control fugitive dust emissions and collect site specific data (silt loading, moisture contents) as per MECP Technical Bulletin, summarizing the progress on the implementation of the BMPP for that year
    • develop and implement an air quality monitoring program, when requested by the ministry, to measure the concentration of dust emissions and to monitor the dust mitigation measures
    • develop and implement detailed complaint response procedure for recording, investigating and adequately addressing complaints

  2. Concerns related to noise emissions referred to the proximity of residential receptors to the facility, the noise classification of residential receptors, necessity to mitigate dominant sources and the frequency of truck traffic.
     

    During the approval process the residential receptors were identified as Class 2 and Class 3 as appropriate and consistent with the comments received. Taking in consideration the comments received (pertaining to noise) noise conditions placed within the ECA refer to:

    • required noise mitigation both physical and administrative
    • frequency of truck traffic restricted for day, evening and nighttime
    • limiting frequency of dominant source operations for day, evening and nighttime
    • acoustic audit condition to ensure facility is operating as proposed and within guidelines

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Environmental Approvals Access and Service Integration Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number
Ottawa District Office
Address

2430 Don Reid Drive
Unit 103
Ottawa, ON
K1H 1E1
Canada

Office phone number

Appeal

This instrument decision can be appealed. You have 15 days from January 14, 2022 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.

Appeal process for decisions published before June 1, 2021

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON 
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)

Issuing authority
Neryed Ragbar
Manager (A) Air Approvals

Environmental Permissions Branch
135 St Clair Avenue West
Floor 3
Toronto, ON
M4V 1P5
Canada

437 776 8348

Proponent(s)

Thomas Cavanagh Construction Limited
9094 Cavanagh Road
Ashton, ON
K0A 1B0
Canada


Appellate body

Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Environmental Review Tribunal


Include the following:

ERO number
013-3895
Ministry reference number
8439-B4WKG4

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
013-3895
Ministry reference number
8439-B4WKG4
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

October 2, 2018 - November 16, 2018 (45 days)

Proposal details

Description of instrument:

This proposal is for a new Environmental Compliance Approval (Air) for Thomas Cavanagh Construction Limited, a ready-mix concrete batching plant located in the City of Ottawa, Ontario.

The application includes all emission sources from the facility that exhaust to the atmosphere including materials storage, a belt conveyor, a dust collection system, and fugitive emissions from materials handling operations.

Contaminant emissions to the atmosphere include:

  • nickel
  • manganese
  • chromium
  • nitrogen oxides
  • noise

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Environmental Approvals Access and Service Integration Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number
Ottawa District Office
Address

2430 Don Reid Drive
Unit 103
Ottawa, ON
K1H 1E1
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from October 2, 2018
to November 16, 2018

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