Harry Rubin & Son Limited - Order for financial assurance

Instrument type: Order for financial assurance

ERO number
019-7538
Ministry reference number
1-225995602
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
September 19, 2023 - November 3, 2023 (45 days) Closed
Last updated

This consultation was open from:
September 19, 2023
to November 3, 2023

Decision summary

A Director's Order was issued authorizing the use of financial assurance submitted for the engineered waste storage cell containing PCB contaminated soil at 1810 Allanport Road in Thorold, Ontario.

Location details

Site address

1810 Allanport Road
Thorold, ON
L0S 1A0
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)

Harry Rubin & Son Limited
106 Marsdale Drive
St.Catharines, ON
L2T 3S9
Canada

Decision details

On November 6, 2023, the director issued an order under section 136 of the Environmental Protection Act to Harry Rubin & Son Limited, the former directors and officers of the company and to the former trustee for the site. The order authorized the Crown to use the financial assurance for the performance of environmental measures for which the financial assurance was provided, including ongoing maintenance at the site and the containment cell and for rehabilitating monitoring wells.

A copy of the order is included in the Supporting Materials of the proposal notice.

Background

Harry Rubin & Son Limited established a PCB waste disposal site at 1810 Allanport Road in Thorold, Ontario, between 1989 and 1995. The wastes, including oils from electrical equipment and contaminated soil, were stored in outdoor lugger bins, metal containment units and in an underground engineered PCB storage cell. Director’s instructions issued by the ministry included requirements for inspections, monitoring and reporting for the site.

The ministry previously issued orders to Harry Rubin & Son Limited in 2012, its former directors, officers and trustee for the site to properly dispose of the PCB waste and among other things.

Director's Order 8468-8XTKD3, issued in 2012, was appealed (see notice on the Environmental Registry archives). A settlement agreement included a new order requiring removal of wastes stored above ground and proper disposal following a ministry accepted plan which was prepared by a qualified consultant. The terms of the settlement agreement have been met, and the work was completed in December 2016. As part of the settlement agreement, the former directors and officers were ordered to provide $250,000 of financial assurance for the performance of the environmental measures set out in the director's instructions and the Director's Order 6763-ADTQ7X, to prevent the discharge of PCBs to the natural environment, and to ensure ongoing containment and monitoring at the site.

The ministry has conducted monthly site inspections over the past several years and yearly groundwater monitoring of the PCB storage cell. Recent inspections have found that maintenance work and other environmental measures are required and will be required to be undertaken at the site by the ministry.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

There were no comments from the public for the director to consider.

A copy of the draft and final order have been provided in this notice.

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.

Niagara District Office
Address

301 St Paul Street
Floor 9, Suite 15
St Catharines, ON
L2R 7R4
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from July 25, 2025 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
Kim Groombridge
District Manager

Niagara District Office
301 St. Paul St
Garden City Tower, 9th Flr Suite 15
St Catharines, ON
L2R 7R4
Canada

905-704-3914

Proponent(s)

Harry Rubin & Son Limited
106 Marsdale Drive
St.Catharines, ON
L2T 3S9
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
019-7538
Ministry reference number
1-225995602

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

Greg Washuta

Phone number
Email address
Office
Drinking Water and Environmental Compliance Division - West Central Region Office
Address

301 St Paul Street
Floor 9
St Catharines, ON
L2R 7R4
Canada

Office phone number

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Follow this notice

Original proposal

ERO number
019-7538
Ministry reference number
1-225995602
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

September 19, 2023 - November 3, 2023 (45 days)

Proposal details

Director’s Order

The director intends to issue an order under section 136 of the Environmental Protection Act to Harry Rubin & Son Limited, the former directors and officers of the company and to the former trustee for the site. The order will authorize the Crown to use the financial assurance for the performance of environmental measures for which the financial assurance was provided, including ongoing maintenance at the site and the containment cell and for rehabilitating monitoring wells.

Background

Harry Rubin & Son Limited established a PCB waste disposal site at 1810 Allanport Road in Thorold, Ontario between 1989 and 1995. The wastes, including oils from electrical equipment and contaminated soil, were stored in outdoor lugger bins, metal containment units and in an underground engineered PCB storage cell. Director’s instructions issued by the ministry included requirements for inspections, monitoring and reporting for the site.

The ministry previously issued orders to Harry Rubin & Son Limited in 2012, its former directors, officers and trustee for the site to properly dispose of the PCB waste and among other things.

Director's Order 8468-8XTKD3 was appealed (see notice on the Environmental Registry archives). A settlement agreement included a new order requiring removal of wastes stored above ground and proper disposal following a ministry accepted plan which was prepared by a qualified consultant. The terms of the settlement agreement have been met, and the work was completed in December 2016. As part of the settlement agreement, the former directors and officers were ordered to provide $250,000 of financial assurance for the performance of the environmental measures set out in the director's instructions and the Director's Order 6763-ADTQ7X, to prevent the discharge of PCBs to the natural environment, and to ensure ongoing containment and monitoring at the site.

The ministry has conducted monthly site inspections over the past several years and yearly groundwater monitoring of the PCB storage cell. Recent inspections have found that maintenance work and other environmental measures are required and will be required to be undertaken at the site by the ministry.

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.

Niagara District Office
Address

301 St Paul Street
Floor 9, Suite 15
St Catharines, ON
L2R 7R4
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from September 19, 2023
to November 3, 2023

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