10657433 Canada Ltd. (operating as Castle John’s Pub and Restaurant) - Environmental Compliance Approval (sewage)

Instrument type: Environmental Compliance Approval (sewage)

ERO number
019-2841
Ministry reference number
7538-BV2L5H
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Exception
Exception posted
Last updated

This notice is about a decision that was not subject to the normal consultation process. Learn more about the types of notices on the Environmental Registry of Ontario.

Exception summary

It is the opinion of the Director that the delay that would have occurred by posting an instrument proposal notice for an Environmental Compliance Approval would have resulted in danger to the health or safety of any person; harm or serious risk of harm to the environment; and injury or damage or serious risk of injury or damage to the property

Location details

Site address

789 King Avenue East
Newcastle, ON
Canada

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Proponent details

10657433 Canada Ltd. (operating as Castle John’s Pub and Restaurant)
15 Purdue Avenue
Ajax, ON
L1T 4L2
Canada

Why consultation isn't required

The ministry has relied on section 29 of the Environmental Bill of Rights, 1993 (EBR), as it is the Director’s opinion that the delay in giving notice to the public of the proposal for the instrument, allowing for public participation, and in considering the response to the notice would have resulted in:

  1. danger to the health and safety of any person
  2. harm or serious risk of harm to the environment; or
  3. injury or damage or serious risk of injury or damage to any property

The ministry is posting this exception notice to give notice of its decision to rely on section 29 of the EBR.

Exception details

We issued a new Environmental Compliance Approval on December 11, 2020 for a 16,250 L/day septic system to service a restaurant and motel. The approval was for upgrades to the existing sewage works, which had failed and was contaminating water within a sump pump on site and was discharging into a nearby wetland. A temporary collection system was in place to collect the contaminated water, but this temporary system may not operate effectively during the winter months. It was the opinion of the Director that posting the proposed instrument for public comment would have resulted in danger to the health or safety of any person using this facility, harm or serious risk of harm to the environment, and injury or damage or serious risk of injury or damage to the property given the existing system had failed and the temporary system in place could not operate in winter conditions, as outlined below:

  • a sump pump at the restaurant discharges via a pipe to a wetland south of the site. The sump pump was drawing in sewage from the failed existing system and discharging contaminated water into the wetland, which is adjacent to a neighbouring trailer park. This was causing ongoing odour complaints from the trailer park and also presented risk of exposure of public to raw sewage
  • the contaminated discharge was recently re-directed to a large 18,000 litre (4,000 Imperial gallon) capacity concrete holding tank, which required regular pump out. As the holding tank was concrete and was placed on the ground outdoors, the ministry was concerned the tank and the pipes would freeze during the winter.
  • given the potential for the temporary system to fail, the best engineering approach was to replace the failed system before there was a risk of a significant frost event. This would eliminate the potential release of raw sewage into the environment

Details of issued Environmental Compliance Approval

The ministry has issued a new Environmental Compliance Approval (sewage) for 10657433 Canada Ltd. for the replacement and upgrade of the failed subsurface disposal works, servicing a commercial facility at 789 King Avenue East, Newcastle, Municipality of Clarington, Ontario.

The commercial facility consists of a sports bar and an attached 8-unit motel with future plans for an additional 8 units.

The replacement sewage works up-grade is sized for a design capacity of daily sewage flow at 16,250 litres per day.

The upgraded system will comprise of an exterior grease trap, septic tank, pumping chamber and leaching bed.

Administrative error: original proposal notice

A proposal notice was posted on the Environmental Registry (ERO # 019-2755) on November 26, 2020 with a 45 day public review and comment period that would have ended on January 10, 2021.

The proposal notice was posted in error. The Director was – and continues to be – of the opinion that the delay involved in giving notice to the public, in allowing time for public response to the notice or in considering the response to the notice would result in danger to the health or safety of any person; harm or serious risk of harm to the environment; and injury or damage or serious risk of injury or damage to any property as detailed above.

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