Pioneer Construction Inc. - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-2868
Ministry reference number
1405-BTCJ32
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision Updated
Decision posted
Comment period
December 23, 2020 - February 6, 2021 (45 days) Closed
Last updated

Update Announcement

This proposal notice has been updated on March 14, 2023 to advise the public that this application is still under active review. The ministry is reviewing the comments it has received to date. The original proposal date and comment period have not been altered.

This consultation was open from:
December 23, 2020
to February 6, 2021

Decision summary

Approval is granted for an Environmental Compliance Approval with Limited Operational Flexibility (air), which replaces all the current Environmental Compliance Approvals for air at this facility and includes the addition of new, or historically unapproved, sources for all emissions from Pioneer Construction Inc., a hot mix asphalt plant.

Location details

Site address

845 Old Goulais Bay Road
Sault Ste. Marie, ON
Canada

Site location map

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

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Proponent(s)

Pioneer Construction Inc.
845 Goulais Bay Road
Sault Ste. Marie, ON
P6A 9B5
Canada

Decision details

Approval is granted for an Environmental Compliance Approval with Limited Operational Flexibility (air), which replaces all the current Environmental Compliance Approvals for air at this facility and includes the addition of new, or historically unapproved, sources for all emissions from Pioneer Construction Inc., a hot mix asphalt plant located in the City of Sault Ste. Marie, District of Algoma.

The proposal includes all sources at the facility, including:

  • a portal crushing plant
  • asphalt plant
  • drilling and blasting operations
  • materials storage

Emissions to the air from this facility include:

  • benzene
  • benzo(a)pyrene
  • lead
  • nickel
  • noise

The Environmental Compliance Approval with Limited Operational Flexibility (air), when issued, permits modifications to the facility subject to limits on operational flexibility that include a production limit for the facility to be specified on the Environmental Compliance Approval with Limited Operational Flexibility (air).

The limited operational flexibility conditions have an expiry date. The company will be required to make an application for amendment at that time to renew these conditions.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

No comments were received.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

How to Appeal

This instrument decision can be appealed. You have 15 days from December 12, 2023 to begin the appeal process.

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

How to appealClick to Expand Accordion

Start the process to appeal

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
Nancy Orpana
Manager, Air Approvals

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

(613) 484-2675

Proponent(s)

Pioneer Construction Inc.
845 Goulais Bay Road
Sault Ste. Marie, ON
P6A 9B5
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-2868
Ministry reference number
1405-BTCJ32

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
019-2868
Ministry reference number
1405-BTCJ32
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

December 23, 2020 - February 6, 2021 (45 days)

Proposal details

This proposal is for an Environmental Compliance Approval with Limited Operational Flexibility (Air), which replaces all the current Environmental Compliance Approvals for Air at this facility and includes the addition of new or historically unapproved sources for all emissions from Pioneer Construction Inc., a hot mix asphalt plant located in the City of Sault Ste. Marie, District of Algoma.

The proposal includes all sources at the facility, including a portal crushing plant, asphalt plant, drilling and blasting operations, and materials storage.

Emissions to the air from this facility include:

  • benzene
  • benzo(a)pyrene
  • lead
  • nickel
  • noise

The Environmental Compliance Approval with Limited Operational Flexibility (Air), when issued permits modifications to the facility subject to limits on operational flexibility that include a production limit for the facility to be specified on the Environmental Compliance Approval with Limited Operational Flexibility (Air). The limited operational flexibility conditions have an expiry date. The company will be required to make an application for amendment at that time to renew these conditions.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Comment

Commenting is now closed.

This consultation was open from December 23, 2020
to February 6, 2021

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