This consultation was open from:
May 17, 2024
to July 1, 2024
Decision summary
An amendment approval to the existing ECA (waste processing) No. A-500-2094980750 is granted for the use and operation of a waste soil transfer and processing site, receiving excess soil (including liquid soil) and solid subject waste soil.
Location details
Site address
1036 Haldimand 3 Road
Nanticoke,
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)
TUQ4 Inc.
1036 Haldimand Road 3
Nanticoke,
ON
N0A 1L0
Canada
Decision details
An amendment approval to the existing ECA (waste processing) No. A-500-2094980750 is granted for the use and operation of a waste soil transfer and processing site, receiving excess soil (including liquid soil) and solid subject waste soil.
Approval includes the following:
- amendments to site management of waste received / stored, post-process waste management, and received / produced beneficial purpose material (gravel, sand, soil, recyclables / reusables) use off-site and on the site
- the maximum daily quantity of waste received at the site remains unchanged at 2,000 tonnes per day non-subject waste and 200 cubic metres subject waste
- the maximum quantity of waste stored on-site at anytime remains unchanged at 12,000 tonnes of which 3,000 tonnes can be subject waste
- the site services Canada and the United States
- the receiving hours are from 7:00 a.m. to 7:00 p.m., Monday to Friday
Effects of consultation
The comment and our response are noted below:
Comment: The company has indicated they can treat a wide variety of contaminants and that they conduct feasibility testing prior to treatment. What can these guys treat, what process do they follow and what is the final disposal results of the treated soils? Is it treatment to Land Disposal Restrictions?
Response: Design and Operations Report dated February 2025 revised March 2025 outlines the type of waste the company will receive and process, details of the soil processing operations, and reuse or soil disposal of the treated soils.
Comment: We are not allowed to see the Design Operations Plan because it is marked confidential.
Response: Design and operations report is not a confidential document and could have been shared with the proponent if requested. A design and operations report does not appear to have been requested from the ministry for review.
Comment: Based on the ECA one can interpret the Hazardous Leachate toxic waste streams can include everything from Dioxin and Furan’s, Pesticides, (benzene, toluene, ethylbenzene and xylene (BTEX), metals, polycyclic aromatic hydrocarbon (PAH) etc. without having to demonstrate to the Approvals Branch they can technically show treatment to comply with Schedule 1 limits or Land Disposal Restrictions (LDR) for ALL CONTAMINATES BEING TREATED.
Response: Condition B.3. of the approval specifies the type of waste the site is approved to receive. According to the report, the waste will be received only after completing a bench-scale study to confirm the waste soils that are approved to be accepted at the site for processing, can be processed/remediated at the site. Also, subject waste will be treated to meet non-subject waste requirements, i.e. Schedule 4 of Regulation 347 – Leachate Quality Criteria requirements.
243-D - Polychlorinated biphenyls (PCB)
270 - corrosive and leachate toxic waste – other specified organic sludges, slurries and solids: Tank bottoms from mixed organic waste bulking tanks at waste transfer sites, mixed sludges from waste screening filtration at waste transfer processing sites.
146 – corrosive and leachate toxic waste: Other specified inorganic sludges, slurries or solids: Flue gas scrubber wastes; wet fly ash; dust collector wastes; metal dust and abrasives wastes; foundry sands; mud sediment and water; tank bottoms from waste storage tanks that contained mixed inorganic wastes; heavy sludges from waste screening /filtration at transfer/ processing sites not otherwise specified in this table.
The site is not approved to receive Dioxin and Furan’s, Pesticides waste.
Moreover, the processed soils will be retested prior to reuse in accordance with the O. Reg. 406/19, requirements.
Comment: My clients have come to me asking how this wide range ECA was issued without specific treatment methods applied to specific waste classes. Case in point, recent project they received as confirmed even by District office was PCB sediments requiring stabilization before treatment of the PCB. The District would not divulge process used being used treatment. This information should clearly appear on the face of the ECA, waste class should be show for the Treatment Conditions 9, 10 and 11, previously numbered 27, 28 and 29 incorrectly.
Response: The waste soil processing operations are included in Conditions 11 through 14.
Comment: The Hot Box shall be operated in accordance with the Environmental Compliance Approval (air) for the unit. What waste classes is this ECA going to allow treatment using this method? Where is the Air Permit ECA? Why is the company allowed to receive any waste stream treatable under this condition if the final approval ECA (air) has not been issued?
Response: Condition B.13.b. is included prohibiting the use of Hot Box waste processing unless air discharge (air emission into the environment) approval is obtained.
Comment: The District office would NOT DISCLOSE WASTE CLASSES that are treatable under this ECA specific conditions and to what levels are they required to treat? It is assumed to be Land Disposal Restriction levels in O. Regulation 347?
Response: Waste Classes are outlined Condition B.3. and the purpose of the facility to accept and treat excess soils and hazardous waste (soil) for beneficial reuse at site or off-site instead of disposal. If treated soils do not meet the O. Reg. 406/19 reuse standards, then the treated soils will be required to be disposed of at a licenced waste disposal facility which is approved to accept such waste types.
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 Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from May 27, 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:
- 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)
TUQ4 Inc.
1036 Haldimand Road 3
Nanticoke,
ON
N0A 1L0
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 an amendment to the existing Environmental Compliance Approval No. A-500-2094980750 issued for the use and operation of a waste soil transfer and processing site, receiving excess soil (including liquid soil) and solid subject waste soil, with a total site area of 10 hectares. The site will be used for temporary storage, as-required processing and transfer of waste, and following positive third-party environmental quality testing of process produced soil and soil-like material (rock and granular) their beneficial purpose use in the local community (for example, construction aggregate).
The proposal includes amendments to site management of waste received and stored, post-process waste management, and received and produced beneficial purpose material (gravel, sand, soil, recyclables and reusables) use off-site and on the site. The maximum daily quantity of waste received at the site remains unchanged at 2,000 tonnes per day of non-subject waste, and 200 cubic metres per day of subject waste. The maximum quantity of waste stored on-site at anytime remains unchanged at 12,000 tonnes, of which 3,000 tonnes can be subject waste.
The facility services Canada and the United States. The receiving hours are from 7:00 a.m. to 7:00 p.m., Monday to Friday.
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 Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Comment
Commenting is now closed.
This consultation was open from May 17, 2024
to July 1, 2024
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