ASSOCIATED PAVING & MATERIALS LTD. - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-7647
Ministry reference number
1000213471
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
September 20, 2023 - November 19, 2023 (60 days) Closed
Last updated

Update Announcement

This proposal notice was originally posted on September 20, 2023 with a 45-day comment period ending November 4, 2023. The ministry has updated our proposal and has extended the comment period to 60 days.

This consultation was open from:
September 20, 2023
to November 19, 2023

Decision summary

An amendment to Environmental Compliance Approval (air & noise) No. 8840-BCENZE has been granted to ASSOCIATED PAVING & MATERIALS LTD., a hot-mix asphalt plant and aggregate processing facility located at 850 Syscon Court, Burlington, Ontario.

Location details

Site address

850 Syscon Court
Burlington, ON
Canada

Site location details

Hot-mix asphalt plant and aggregate processing facility.

Site location map

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

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Proponent(s)

ASSOCIATED PAVING & MATERIALS LTD.
5365 Munro Court
Burlington, ON
L7L 5M7
Canada

Decision details

An amendment to Environmental Compliance Approval (air & noise) No. 8840-BCENZE has been granted to ASSOCIATED PAVING & MATERIALS LTD., a hot-mix asphalt plant and aggregate processing facility located at 850 Syscon Court, Burlington, Ontario.

This amendment is for the addition of a Hot Mix Asphalt Silo, and a change in process from a batch mix to a drum mix facility, and an increase in facility production.

Contaminant emissions to the air from this facility include:

  • particulate matter
  • nickel
  • silica
  • benzo(a)pyrene
  • benzene
  • naphthalene
  • formaldehyde
  • nitrogen oxides and other products of combustion
  • noise

Comments received

Through the registry

20

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

20 comments were received through the Environmental Registry, and one comment was received via email.

The subject of the comments are summarized as follows:

  • odour concerns
  • dust concerns
  • general health concerns
  • noise concerns
  • lack of public engagement

All comments were considered during the Technical Review of the Environmental Compliance Approval Application. The application has demonstrated compliance with Ontario Regulation 419/05 and Ministry Guideline NPC-300. Sound level limits were established as per Ministry guidelines and procedures. To address the comments/concerns raised by the local community, the following conditions have been included in the Environmental Compliance Approval for this facility:

  • creation of a public engagement plan
  • fugitive odour and dust best management practices plan requirements
  • comprehensive complaint response procedure
  • preparation of a technical benchmarking report to assist in identifying ways to further reduce off-property odour impacts
  • restrictions to specific operations during the day, evening and night to limit noise emissions
  • requirement to install noise mitigation
  • requirement to conduct an acoustic audit to verify noise mitigation performance

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.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number
Halton-Peel District Office
Address

4145 North Service Road, Suite 300
Burlington, ON
L7L 6A3
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from April 3, 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
Nancy Orpana
Manager, Air Approvals

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

(613) 484-2675

Proponent(s)

ASSOCIATED PAVING & MATERIALS LTD.
5365 Munro Court
Burlington, ON
L7L 5M7
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
019-7647
Ministry reference number
1000213471

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
019-7647
Ministry reference number
1000213471
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 20, 2023 - November 19, 2023 (60 days)

Proposal details

This proposal is to amend the Environmental Compliance Approval (air & noise) No. 8840-BCENZE for ASSOCIATED PAVING & MATERIALS LTD., a hot-mix asphalt plant and aggregate processing facility located at 850 Syscon Court, Burlington, Ontario.

This amendment will reflect the current operations at the facility and includes the following:

  • the addition of addition of a Hot Mix Asphalt Silo
  • a change in process from a batch mix to a drum mix facility
  • an increase in annual production from 300,000 tonnes per year to 400,000 tonnes per year

Contaminant emissions to the air from this facility include:

  • particulate matter
  • nickel
  • silica
  • benzo(a)pyrene
  • benzene
  • naphthalene
  • formaldehyde
  • nitrogen oxides and other products of combustion
  • noise

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.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from September 20, 2023
to November 19, 2023

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