Appeal of 1712028 Ontario Inc. - Permit to take water

ERO number
019-3778
Notice stage
Appeal
Appeal posted
Last updated

Appeal summary

A resident of Ontario has sought leave to appeal this decision

Appeal details

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 its 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.

The decision to be appealed

There is a lack of detail as to why the permit has been renewed for ten (10) years. Secondly, there is concern that the ten-year Licence to Take Water comes into effect "after" Port Colborne Quarries Inc. permit for the Pit #3 Extension is granted. Are they currently operating with an "expired" licence. The most recent licence expired August 2021.

Grounds for appeal

The applicants feel that the comments and data provided by The NWPA during the permit approval process, may NOT have been taken into consideration. We also believe that a more expeditious approach is needed. A permit of with a longevity of three (3) years is a more realistic, environmentally responsible and economically sound approach to take.

Supporting materials

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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.

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Contact

More information, including hearing dates and locations can be provided by the appellate body. Additional information about the instrument appeal process, can be provided by the Ministry of the Environment, Conservation and Parks.

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


Ministry of the Environment, Conservation and Parks
Environmental Bill of Rights Office
40 St. Clair Ave. West
12th Floor
Toronto, ON
M4V 1M2

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Original decision

1712028 Ontario Inc. - Permit to take water

Instrument type: Permit to take water

ERO number
019-3778
Ministry reference number
5377-C3KL6J
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision Appeal
Decision posted
Comment period
June 3, 2021 - July 3, 2021 (30 days) Closed
Last updated

This consultation was open from:
June 3, 2021
to July 3, 2021

Decision summary

A new Permit to Take Water No. 0184-CB3RN8 for 1712028 Ontario Inc. was issued on February 17, 2022 for pit and quarry dewatering purposes in the City of Port Colborne, Ontario.

Location details

Site address

Corner of Chippawa Road & Highway 140
Port Colborne, ON
Canada

Site location map

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

View this location on a map opens link in a new window

Proponent(s)

1712028 Ontario Inc.
Post Office Box No. 275
Port Colborne, ON
L3K 5W1
Canada

Decision details

A new Permit to Take Water No. 0184-CB3RN8 for 1712028 Ontario Inc. was issued on February 17, 2022 with an expiry date of August 31, 2031. This permit replaces Permit No. 7645-AAYS3Y. Water will be taken from four sumps for pit and quarry dewatering purposes located in the City of Port Colborne, Ontario.

Source name: Sump 1

  • purpose category: pits and quarries - dewatering
  • maximum rate per minute: 4,560
  • maximum number of hours of taking day: 24
  • maximum volume per day: 6,566,400 litres
  • maximum number of days of taking in a year: 365
  • earliest calendar date: 01/01
  • latest calendar date: 12/31
  • duration: 10 years

Source name: Sump 2

  • purpose category: pits and quarries - dewatering
  • maximum rate per minute: 6,000
  • maximum number of hours of taking day: 24
  • maximum volume per day: 8,640,000 litres
  • maximum number of days of taking in a year: 365
  • earliest calendar date: 01/01
  • latest calendar date: 12/31
  • duration: 10 years

Source name: Sump 3

  • purpose category: pits and quarries - dewatering
  • maximum rate per minute: 1,425
  • maximum number of hours of taking day: 24
  • maximum volume per day: 2,052,000 litres
  • maximum number of days of taking in a year: 365
  • earliest calendar date: 01/01
  • latest calendar date: 12/31
  • duration: 10 years

Source name: Sump 4

  • purpose category: pits and quarries - dewatering
  • maximum rate per minute: 5,700
  • maximum number of hours of taking day: 24
  • maximum volume per day: 8,208,000 litres
  • maximum number of days of taking in a year: 365
  • earliest calendar date: 01/01
  • latest calendar date: 12/31
  • duration: 10 years

Request a copy of the permit

Comments received

Through the registry

6

By email

2

By mail

0
View comments submitted through the registry

Effects of consultation

Summary of comments and ministry's response

A total of six comments were received through the ERO with one containing personal information. These comments requested that the Ministry rejects the renewal of this PTTW application because the applicant failed to rehabilitate Pit #1 and Pit #2 into passive lakes after mining operations had been completed in accordance with a 1982 Agreement.

  • An impact assessment on water resources (i.e. water quantity and water quality) and potential receptors, as well as on the environment at the site and off-site due to long-term dewatering activities including not implementation the agreed rehabilitation of the quarried pits as claimed in ERO comments at the site can be done, which may resolve the major issue for ERO comments for not renewing this permit. However, this kind of assessment work is not within the scope of PTTW program.

Niagara Water Protection Alliance reiterated the points made in the ERO comments as well as referring to the cumulative effects, sustainable development and ecosystem approach that's referenced in the Ministry's SEV.

  • As this is a renewal these factors were considered when the application was initially reviewed.

Niagara Region also provided comments indicating they have no objection to the renewal of the permit, subject to The Ministry ensuring that the water taking does not negatively impact natural heritage features, or the quality and quantity of water available to service other existing uses in the surrounding area.

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 March 23, 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
Neil Taylor
Permit to Take Water Surface Water Specialist

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

416-388-0961

Proponent(s)

1712028 Ontario Inc.
Post Office Box No. 275
Port Colborne, ON
L3K 5W1
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
019-3778
Ministry reference number
5377-C3KL6J

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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Follow this notice

Original proposal

ERO number
019-3778
Ministry reference number
5377-C3KL6J
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

June 3, 2021 - July 3, 2021 (30 days)

Proposal details

This proposal is for the renewal of Permit to Take Water No. 7645-AAYS3Y servicing 1712028 Ontario Limited - Port Colborne Quarries. Water will be taken from four sumps for dewatering purposes. Details of water taking are as follows:

Source name: Sump 1

  • purpose category: pits and quarries - dewatering
  • maximum rate per minute: 4,560
  • maximum number of hours of taking day: 24
  • maximum volume per day: 6,566,400 litres
  • maximum number of days of taking in a year: 365
  • earliest calendar date: 01/01
  • latest calendar date: 12/31
  • duration: 10 years

Source name: Sump 2

  • purpose category: pits and quarries - dewatering
  • maximum rate per minute: 6,000
  • maximum number of hours of taking day: 24
  • maximum volume per day: 8,640,000 litres
  • maximum number of days of taking in a year: 365
  • earliest calendar date: 01/01
  • latest calendar date: 12/31
  • duration: 10 years

Source name: Sump 3

  • purpose category: pits and quarries - dewatering
  • maximum rate per minute: 1,425
  • maximum number of hours of taking day: 24
  • maximum volume per day: 2,052,000 litres
  • maximum number of days of taking in a year: 365
  • earliest calendar date: 01/01
  • latest calendar date: 12/31
  • duration: 10 years

Source name: Sump 4

  • purpose category: pits and quarries - dewatering
  • maximum rate per minute: 5,700
  • maximum number of hours of taking day: 24
  • maximum volume per day: 8,208,000 litres
  • maximum number of days of taking in a year: 365
  • earliest calendar date: 01/01
  • latest calendar date: 12/31
  • duration: 10 years

More about Permits to Take Water

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 June 3, 2021
to July 3, 2021

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