King & Benton Canal Bank Regeneration Lands Inc. - Environmental Compliance Approval (waste)

Instrument type: Environmental Compliance Approval (waste)

ERO number
013-3546
Ministry reference number
0478-AZMPCB
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
August 9, 2018 - September 23, 2018 (45 days) Closed
Last updated

This consultation was open from:
August 9, 2018
to September 23, 2018

Decision summary

The applicant has requested that this application be withdrawn and the file closed.  The applicant will be revising the application and re-submitting at a later date.

Location details

Site location details

Welland
Lot: 23-26 Concession:7
Regional Municipality of Niagara

Site location map

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

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Proponent(s)

King & Benton Canal Bank Regeneration Lands Inc.
85 Morrell Street
Brantford, ON
N3T 4J6
Canada

Decision details

The applicant has requested that this application be withdrawn and the file closed.  The applicant will be revising the application and re-submitting at a later date.

Comments received

Through the registry

1

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

Comments received for this proposal were reviewed and considered by the ministry as part of the review of the Environmental Compliance Approval application.  The comments did not factor into the applicant's decision to withdraw their application.

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 June 24, 2019 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:

  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
Mohsen Keyvani
Manager

Environmental Assessment and Permissions Branch
135 St Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

416-432-7253

Proponent(s)

King & Benton Canal Bank Regeneration Lands Inc.
85 Morrell Street
Brantford, ON
N3T 4J6
Canada


Appellate body

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

About the Environmental Review Tribunal


Include the following:

ERO number
013-3546
Ministry reference number
0478-AZMPCB

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
013-3546
Ministry reference number
0478-AZMPCB
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

August 9, 2018 - September 23, 2018 (45 days)

Proposal details

Description of instrument

This proposal is for an amendment to the existing Environmental Compliance Approval No. A120412 which was issued for the following:

  • the use and operation of an 19.3 hectare landfilling site within a total area of 72 hectares and receiving capacity of 9.5 tonnes per day,
  • the landfilling of slag generated from electro-metallurgical furnaces at the manufacturing facilities,
  • waste generated on Graftech property, including demolition debris from building located at the site.

In 2005, the on-site landfill received waste consisting of non-hazardous dried sediments dredged from the surface water treatment ponds. The site has final volumetric capacity of 560,000 cubic metres and it is not currently operating. This amendment is to include interim landfill cover which will be brought to the site, placed, graded and seeded in order to provide cover for exposed slag and improve the surface water drainage.

All of the surface water ditches will be scraped to remove the metal precipitate left behind by the exposed slag being carried away by surface water. Once free of slag, the ditches will be lined with soil and seeded. Perimeter berms will be constructed in an effort to provide screening from the public.

The eventual goal of the site is the re-opening and operation of 19.3-hectare landfill as a soil disposal landfill.

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 August 9, 2018
to September 23, 2018

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