Andrew Hendriks & Sons Greenhouses Inc. - Environmental Compliance Approval (sewage)

Instrument type: Environmental Compliance Approval (sewage)

ERO number
013-3861
Ministry reference number
9883-B4PPLH
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
September 26, 2018 - October 27, 2018 (31 days) Closed
Last updated

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.

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Proponent(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.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

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.

Environmental Approvals Access and Service Integration Branch
Address

135 St. Clair Avenue West
1st floor
Toronto, ON
M4V 1P5
Canada

Office phone number
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 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:

  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
Youssouf Kalogo
Senior Wastewater Engineer

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

416-314-7995

Proponent(s)

Andrew Hendriks & Sons Greenhouses Inc.
5095 North Service Road
Beamsville, ON
L0R 1B3
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
013-3861
Ministry reference number
9883-B4PPLH

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
013-3861
Ministry reference number
9883-B4PPLH
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

September 26, 2018 - October 27, 2018 (31 days)

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.

Environmental Approvals Access and Service Integration Branch
Address

135 St. Clair Avenue West
1st floor
Toronto, ON
M4V 1P5
Canada

Office phone number
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 September 26, 2018
to October 27, 2018

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