This consultation was open from:
September 26, 2018
to October 27, 2018
Decision summary
A new Environmental Compliance Approval has been granted for the existing greenhouse stormwater management facility serving Andrew Hendriks & Sons Greenhouses Inc., located at 5095 North Service Road in the Town of Lincoln.
Location details
Site address
5095 North Service Road
Regional Municipality of Niagara
Lincoln,
ON
L0R 1B3
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)
Andrew Hendriks & Sons Greenhouses Inc.
5095 North Service Road
Beamsville,
ON
L0R 1B3
Canada
Decision details
Decision on instrument
A new Environmental Compliance Approval has been granted for the existing greenhouse stormwater management facility serving Andrew Hendriks & Sons Greenhouses Inc., located at 5095 North Service Road in the Town of Lincoln.
The stormwater structure includes a surface drainage system and surface water irrigation pond with an overflow pipe that discharges to Konkle Creek or the North Service Road ditch.
The attached document is intended for posting on the Environmental Registry in order to provide the reader with the substantive content of the issued instrument. Please note the official version may be differently formatted or otherwise contain minor variations from this version.
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 Avenue West
1st floor
Toronto,
ON
M4V 1P5
Canada
301 St Paul Street
Floor 9, Suite 15
St Catharines,
ON
L2R 7R4
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from May 22, 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:
- 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)
Andrew Hendriks & Sons Greenhouses Inc.
5095 North Service Road
Beamsville,
ON
L0R 1B3
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
Application Assessment Officer
Original proposal
Proposal details
Description of instrument
This proposal is for a new Environmental Compliance Approval for an existing greenhouse stormwater management facility serving Andrew Hendriks & Sons Greenhouses Inc., located at 5095 North Service Road in the Town of Lincon.
The stormwater structure includes a surface drainage system and surface water irrigation pond with an overflow pipe that discharges to Konkle Creek or the North Service Road ditch.
Other information
Environmental Compliance Approvals (ECAs) for greenhouse stormwater management facilities follow a streamlined process set forth in the Guide: Obtaining Approval for a Greenhouse Stormwater Management Facility. Many greenhouses for which applications are being submitted have already been in operation for several years; most stormwater management systems for greenhouses are not highly complex; and the ECAs are being submitted as part of a ministry abatement action plan to address water quality issues as quickly as possible. Therefore, the Director feels a 31-day comment period is sufficient for this and all other greenhouse stormwater ECA applications as opposed to the 45-day comment period used on other types of ECA applications.
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 Avenue West
1st floor
Toronto,
ON
M4V 1P5
Canada
301 St Paul Street
Floor 9, Suite 15
St Catharines,
ON
L2R 7R4
Canada
Comment
Commenting is now closed.
This consultation was open from September 26, 2018
to October 27, 2018
Comments received
Through the registry
0By email
0By mail
0