This consultation was open from:
July 25, 2017
to September 8, 2017
Decision summary
A Certificate of Property Use was issued to 1541 Merivale Road Ltd. for the continued commercial use of the property located at 1541 Merivale Road in the City of Ottawa.
Location details
Site address
1541 Merivale Road
Ottawa,
ON
K2P 1Z3
Canada
Site location details
Part of Lot 17, Plan 353
being Part 1 on Plan 5R-10627
except Parts 1&2 on Plan 5R-13573
s/t NS3052
formerly City of Nepean, City of Ottawa
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)
1541 Merivale Road Limited
464 Bank Street
Suite 200
Ottawa,
ON
K2P 1Z3
Canada
Decision details
Certificate of Property Use (CPU) No. 6675-AM3KQD was issued to 1541 Merivale Road Ltd. on April 6, 2018.
The CPU requires the instrument holder to ensure that the following key measures are undertaken at the property:
- providing barriers to soils present at depths greater than 1.0 metre below ground surface
- prohibiting soils present at depths greater than 1.0 metre from being moved closer to the ground surface unless they are transported off the property within the same week of their excavation
- prohibiting the construction of any new building unless it is equipped with a passive soil vapour intrusion management system which includes provisions for upgrading to an active soil vapour intrusion management system
- preparing and implementing a property specific soil management plan for any and all intrusive activities undertaken at the property that could potentially put workers and/or occupants in contact with Chemicals of Concern (COCs) present at depths greater than 1.0 metre below ground surface
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.
2430 Don Reid Drive
Unit 103
Ottawa,
ON
K1H 1E1
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from March 18, 2021 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.
Appeal process for decisions published before June 1, 2021
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)
1541 Merivale Road Limited
464 Bank Street
Suite 200
Ottawa,
ON
K2P 1Z3
Canada
Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
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
Ottawa District Office
2430 Don Reid Drive
Unit 103
Ottawa,
ON
K1H 1E1
Canada
Original proposal
Proposal details
Description of instrument
The Director is proposing to issue a Certificate of Property Use (CPU) to 1541 Merivale Road Ltd. for the current and future conditions of the property of concern.
The current and future property use for the property of concern, is identified as Commercial Use, non-potable groundwater criteria in accordance with Ontario Regulation 153/04, as amended. Residential Use would only be acceptable for those floors above a ground floor where commercial activities would exclusively be carried out. The Property Specific Standards (PSSs) for the Contaminants of Concern for this property are set out in Schedule 'B' of the CPU. The Risk Management Measures to be established and maintained for this site are listed in the proposed CPU.
The proposed CPU requires the instrument holder to ensure that the following key risk management measures are undertaken:
Soil and Groundwater Management
- Subsurface Soils, which are currently found at a depth of 1.0m or more below grade, shall remain in place, unless they are excavated and removed from the Property
- Soil barriers shall be maintained indefinitely above the Subsurface Soils. The soil barriers may be modified in relation to the new circumstances created by site alterations. A minimum of 1.0 metre of soil - meeting the Property Specific Standards and Industrial/Commercial/Community Property Use Standards for coarse-textured soils listed in Table 3 of the Soil, Ground Water and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act (published by the Ministry on April 15, 2011) - shall be maintained across the Property except for those areas covered with concrete, asphalt or gravel and which are addressed by their respective barrier requirements. For new landscaped areas, the applicable soil quality standards are those listed as Residential/Parkland/Institutional Property Use standards listed in Table 3 of the Soil, Ground Water and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act (published by the Ministry on April 15, 2011)
- A soil management plan shall be prepared in writing by a Qualified Person for excavated soils or soils brought to the Property. The said plan shall also be implemented under the supervision of a Qualified Person
- A groundwater management plan shall be prepared in writing by a Licensed Professional Engineer to identify the water quality to be expected in the subsurface when excavation work extends deeper than 1 metre below ground surface, the method to contain the groundwater, the means by which groundwater would be processed prior to its disposal and the permission(s) that must be obtained for the collection, transmission, treatment and disposal of the said groundwater. The groundwater management plan is meant to inform decisions to be made in relation to the preparation and implementation of the health and safety plan prepared for the Property
Soil Vapour Management
- Any building erected at the Property shall include in its design a passive soil vapour intrusion management system (SVIMS) consisting of:
- an impermeable geosynthetic membrane under the building concrete floor slab and extending over its entire footprint
- a granular base to support the said membrane and to include a network of perforated pipes wrapped in a geotextile fabric and in rows set 1.2m apart to intercept any organic vapour from the soils below and to vent them to the atmosphere passively. Provisions shall be made for upgrading the said venting system to an active SVIMS as a contingency measure
Environmental Monitoring Plans
- The Owner shall submit to the Director a vapour monitoring program prepared by a licensed Professional Engineer which, upon implementation for a minimum of 3 years, shall utilize, at all new buildings erected at the Property, a series of sub-slab vapour probe(s) and/or sub-slab vapour pin(s) for the collection of soil vapour samples which quality shall be used to calculate indoor air quality concentrations for comparison with indoor air target levels provided in Schedule 'G ' of the CPU. The information thus obtained could lead to the passive SVIMS being upgraded to an active SVIMS
- Implement a Health and Safety Plan to protect workers in contact with impacted soils and groundwater in the event that the risk management measures need to be breached
- Implement an inspection and maintenance program to preserve the integrity of monitoring equipment and all capping materials providing a barrier to impacted soils
Administration and Reporting
- Submit an Annual Report to the Director by March 31st of each calendar year
- Register a Certificate of Requirement on the Property title in accordance with Section 197 of the Environmental Protection Act, including the CPU as a Schedule. The Certificate of Requirement will ensure that before dealing with the Property in any way, a copy of the CPU is to be given to any person who will acquire an interest in the property
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.
2430 Don Reid Drive
Unit 103
Ottawa,
ON
K1H 1E1
Canada
Comment
Commenting is now closed.
This consultation was open from July 25, 2017
to September 8, 2017
Connect with us
Contact
Steve Burns
2430 Don Reid Drive
Unit 103
Ottawa,
ON
K1H 1E1
Canada
Comments received
Through the registry
0By email
0By mail
0