Update Announcement
This notice was originally posted on the Environmental registry on October 16, 2025, with a 45 day comment period ending November 30, 2025. The notice has been updated on December 01, 2025 to extend the comment period to December 15th.
This consultation was open from:
October 16, 2025
to December 15, 2025
Decision summary
Approval is granted to amend the facility waste approval to allow acceptance and transfer of dry excess soil and/or rock.
Location details
Site address
375 Gage Avenue North
Hamilton,
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)
York1 Gage Transfer Ltd.
5090 Commerce Boulevard
Suite 200
Mississauga,
ON
L4W 5M4
Canada
Decision details
Approval is granted to amend the facility waste approval to allow acceptance and transfer of dry excess soil and/or rock.
The amendment pertains to a small-scale Class 1 soil management facility for the processing and transfer of excess soil and rock intended for beneficial reuse, generated from residential, industrial, institutional, and commercial activities. The proposed maximum daily receiving capacity is 1,000 tonnes of excess soil and/or rock, with a maximum outdoor storage limit of 1,600 tonnes. The service area will continue to be the Province of Ontario.
The receiving and shipping hours will remain unchanged at 7:00 a.m. to 7:00 p.m., while the proposed operational hours are 7:00 a.m. to 10:00 p.m., Monday through Saturday.
The approval includes conditions requiring updates to the existing site-specific Environmental Protection Act (EPA) section 9 approval for air and noise (approval no. 8497-BWAMBU), the acquisition of a section 9 EPA approval for odour, and a section 53 approval under the Ontario Water Resources Act (OWRA), to ensure appropriate management of air emissions and stormwater discharges.
Effects of consultation
There were 25 comments received, a summary of which including our response is noted below:
Comments:
- High rate of air pollution and poor air quality in this industrial area of Hamilton
- Threat to health, safety and home associated with the waste disposal site
- Health issues with air born asbestos waste that the facility accepts
- Negative impact on local road condition due additional truck traffic
- Additional truck traffic on local road will make road conditions
- Wind blown dust and noise issue
- Fire risk and run-off containment concerns
Response:
While many of the concerns raised by the public were general in nature, they were not specifically related to the proposed facility expansion accepting excess soil and/or rock. The company already holds approval to receive and store asbestos waste, and neither the proponent nor is the ministry proposing any changes to the existing asbestos-related approval. The current proposal focuses solely on regulating the receipt of excess soils that the company has already been accepting without the appropriate site approval.
The site is located within an industrial area of the City of Hamilton, where noise, dust, and traffic are expected due to high concentration of industrial activities. The facility’s operations may contribute to the cumulative dust, noise, and air quality concerns expressed by the public. Nonetheless, the approval includes conditions to address dust control, noise, traffic queuing on the local road leading to the site, and stormwater management. The applicant is required to obtain/amend the site-specific Environmental Protection Act (EPA) section 9 approval for air and noise (approval no. 8497-BWAMBU), the acquisition of a section 9 EPA approval for odour, and a section 53 approval under the Ontario Water Resources Act (OWRA), to ensure appropriate management of air emissions and stormwater discharges.
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.
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
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 April 15, 2026 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)
York1 Gage Transfer Ltd.
5090 Commerce Boulevard
Suite 200
Mississauga,
ON
L4W 5M4
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 application is for an amendment to Environmental Compliance Approval (ECA) No. 6567-5ADLUE for the use and operation of a waste processing site for the processing and transfer of solid non-hazardous municipal waste, limited to construction and demolition waste, including asbestos waste.
The proposed amendment is for a small-scale Class 1 soil management facility for the processing and transfer of excess soil and rock for beneficial reuse generated from residential, industrial, institutional, and commercial sectors. The soil/rock will be segregated from debris, bulked and stockpiled, screened, blended, and resampled. In addition, a public drop-off station is proposed at the Site.
The proposed maximum daily receiving rate of excess soil/rock is 1,000 tonnes. The indoor waste storage capacity remains the same, 550 tonnes. The proposed maximum limit of excess soil/rock stored outdoors is 1,600 tonnes. The waste and soil recycling, processing, and transfer site is to serve the Province of Ontario.
The receiving and shipping hours remain the same, from 7:00 a.m. to 7:00 p.m., and the proposed operation hours are from 7:00 a.m. to 10:00 p.m. Monday to Saturday.
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 October 16, 2025
to December 15, 2025
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
25By email
0By mail
0