Update Announcement
The proposal was originally published on February 23, 2023 for 45 days comment period ending April 9, 2023. We updated the notice on July 10, 2023 to include the limited operational flexibility in the Environmental Compliance Approval. The comment period was reopened for another 45 days.
This consultation was open from:
July 10, 2023
to August 24, 2023
Decision summary
A new Environmental Compliance Approval (air & noise) with Limited Operational Flexibility was issued to Highbury Canco Corporation for the operation of a large food processing facility located in Leamington, Ontario.
Location details
Site address
147 and 148 Erie Street South
26 Oak Street East
Leamington,
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 windowProponent(s)
Highbury Canco Corporation
148 Erie Street South
Leamington,
ON
N8H 0C3
Canada
Decision details
An Environmental Compliance Approval (air & noise) with Limited Operational Flexibility was issued to Highbury Canco Corporation for the operation of a large food processing facility located in Leamington, Ontario.
This approval includes all emission sources from the facility that exhaust to the atmosphere including:
- natural gas turbine and head recovery systems,
- natural gas boilers,
- emergency diesel generator,
- roof HVAC unit,
- vinegar acetator exhaust,
- bean fryer exhaust,
- cereal dryer exhaust,
- alcohol storage tank,
- water cooling towers,
- lime mixing tank vents,
- ammonia refrigeration system, and
- conveyor spray system
The facility is operated at operating at a Facility Production Limit of up to 222,000 tonnes of product per year.
Effects of consultation
One public comment was received. The comment was submitted in consideration of the current plan to redevelop the now-vacant lands at the southwest corner of Sherk Street and Oak Street West, known as 111 Sherk Street, Leamington, with a mixed-use development, proceeding through the necessary planning approvals required with the Municipality.
The comment raised concerns that existing sensitive land uses (residential buildings, elevated receptors high rises, schools, etc.) within close proximity of the Highbury Canco facility were not considered in the assessment of air, noise and vibration impacts from the operations at the facility.
Additional comments regarding the harvest crop rinse waste pits located southeast of the intersection of Oak Street West and Sherk Street (Permit to Take Water Approvals, nutrient management application etc.) were not relevant to the scope of the review of this application for Air & Noise Approval.
Response
The relevant comments pertaining to the application for an Air and Noise ECA have been considered.
Highbury Canco submitted a revised Emission Summary and Dispersion Modelling Report dated January 2024 and a revised Acoustic Assessment Report dated September 2024. These reports address the impacts of Air and Noise emissions from the facility, on all relevant and applicable receptors (existing and proposed future), including the vacant lot at 111 Sherk Street, Leamington based on the current zoning designation of C2 mixed use, existing elevated residential receptors and existing sensitive receptors.
Highbury Canco’s acoustic assessment report specifies noise control measures to be installed by Highbury Canco on Highbury lands, within one year of a building permit for a proposed mixed use 3 storey building at 111 Sherk Street. These noise controls will ensure that the Ministry noise guideline NPC-300 will be met.
The additional commercially zoned lands C6, C6-4 and C6-5 north of Highbury Canco along Erie Street South and Oak Street East and West are currently not uniquely significant noise sensitive points of reception that have draft plans for sensitive land uses registered with the municipality of Leamington.
The lands zoned C6 south of Highbury Canco along Erie Street are currently not uniquely significant worst case noise sensitive points of reception.
The current September acoustic assessment report includes noise impact on elevated residential high-rise receptors south of the HCC that are approximately 8 storey residential building tower (226 Erie Street South) approximately 90 metres to the south of HCC; 13 storey residential building tower (234 Erie Street South) approximately 170 metres south of HCC; and 13 storey residential building tower (238 Erie Street South) approximately 190 metres south of HCC.
The current September acoustic assessment report includes noise impact on an existing high school building (80 Oak Street West) approximately 180 metres northwest of the HCC property, currently zoned M1-7, and M2-1.
The existing elementary school building (259 Sherk Street) approximately 280 metres south of the HCC property, currently zoned Institutional (I) is too far away to be considered a significant governing noise sensitive point of reception.
There are no significant vibration impacts from Highbury Canco on nearby sensitive points of reception or vacant lot sensitive points of reception.
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.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from October 21, 2024 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:
- prepare your application
- provide notice to the minister
- 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:
- 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
- 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
- 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:
- 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?
- 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)
Highbury Canco Corporation
148 Erie Street South
Leamington,
ON
N8H 0C3
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca
Include the following:
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.
Connect with us
Contact
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
This proposal is for a new Environmental Compliance Approval (Air & Noise) with Limited Operational Flexibility for Highbury Canco Corporation for the operation of a large food processing facility located in Leamington, Ontario.
This proposal includes all emission sources from the facility that exhaust to the atmosphere including:
- natural gas turbine and head recovery systems
- natural gas boilers
- emergency diesel generator
- roof HVAC unit
- vinegar acetator exhaust
- bean fryer exhaust
- cereal dryer exhaust
- alcohol storage tank
- water cooling towers
- lime mixing tank vents
- ammonia refrigeration system
- conveyor spray system
Contaminant emissions to the atmosphere include:
- NOx
- particulate matter
- hydrocarbons/VOCs
- acetic acid
- peroxyacetic acid
- hydrogen peroxide
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.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Comment
Commenting is now closed.
This consultation was open from July 10, 2023
to August 24, 2023
Connect with us
Contact
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
1By email
0By mail
0