This consultation was open from:
January 31, 2019
to March 17, 2019
Decision summary
An amended Environmental Compliance Approval with limited operational flexibility has been issued to all sources of air emissions from the D. Crupi & Sons Limited facility located at 1089 Nelson Street in Oshawa.
Location details
Site address
1089 Nelson Street
Oshawa,
ON
L1H 5N9
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)
D. Crupi & Sons Limited
85 Passmore Avenue
Post Office Box Delivery 272
Toronto,
ON
M1V 4S9
Canada
Decision details
An amended Environmental Compliance Approval with limited operational flexibility has been issued to all sources of air emissions from the D. Crupi & Sons Limited facility located at 1089 Nelson Street in Oshawa.
The company operates a batch and/or drum hot mix asphalt (HMA) plant and an aggregate depot. The operations at the facility include aggregate and Recycled Asphalt Pavement (RAP) receiving, storage, processing and shipping; asphalt cement receiving and storage; aggregate drying; and hot-mix asphalt production, storage and shipping.
The facility operates at a production limit of up to:
- 350,000 tonnes per year of hot mix asphalt production
- 910,000 tonnes per year of combined delivery and shipping rate of aggregate (coarse aggregate, sand, Recycled Asphalt Pavement (RAP) and Recycled Concrete (RC) for the aggregate depot
The expected contaminants from the facility include naphthalene, benzene, particulate matter including respirable crystaline silica, nitrogen oxides and other products of combustion.
The Environmental Compliance Approval with limited operational flexibility requires that the company demonstrates compliance on an ongoing basis with Ontario Regulation 419/05, applicable Ministry Guidelines for Air and Noise, and other performance requirements as specified in their conditions.
It permits modifications such as process changes, de-bottlenecking or addition of new equipment subject to limits on operational flexibility that include a production limit for the facility to be specified on the Environmental Compliance Approval.
The limited operational flexibility conditions have a ten year expiry date. The company is required to make an application for amendment at that time to renew these conditions. Of specific public interest, one condition that is included on the Environmental Compliance Approval requires the company to make available, at all times, at the facility for inspection by interested members of the public, a table (Emission Summary Table) that documents the facility's compliance with Ontario Regulation 419/05.
Effects of consultation
The City of Oshawa submitted a letter dated April 2, 2019, which indicated the presence of two additional vacant lots along Harbour Road, as well as the presence of Open Hazard Lands to the east.
The City of Oshawa also submitted a letter dated September 20, 2019, providing additional details on potential future uses for the two additional vacant lots described in their April 2, 2019 letter, noting that an application had been received for two 20-storey residential towers and a 12-storey residential tower.
However, the City of Oshawa was unable to provide an anticipated approval date.
Ministry response
The submitted Acoustic Assessment Report demonstrates that the operations of this facility will meet ministry's noise limits with the already installed noise control measures. Following the issuance of the Environmental Compliance Approval, an Acoustic Audit will be required so that the noise impact and compliance with the applicable noise limits can be verified by an Independent Acoustical Consultant.
To address the additional vacant lots discussed in the April 2 and September 20, 2019 letters by the City of Oshawa, a revised Acoustic Assessment Report was requested by MECP. A revised Acoustic Assessment Report was submitted by Aercoustics Engineering Limited. Based on this revised Acoustic Assessment Report, in the event that any of the vacant lots along Harbour Road are developed and issued a building permit, additional noise controls will be implemented.
In addition, if applicable, a revised Noise Abatement Action Plan will be required if an above grade building permit is issued for a noise sensitive building on any of the residentially zoned vacant lots along Harbour Road. An email from the staff of the City of Oshawa, dated August 13, 2019, indicated that Open Hazard Land is not recognized as a sensitive receptor under NPC-300.
It should be noted that ECA (Air and Noise) applies only to s.9 EPA. Inappropriate land use/city zoning, residential property values, air and noise pollution from delivery trucks on public roads and future development of the area issues are beyond the scope of s. 9 EPA.
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
230 Westney Road South
Floor 5
Ajax,
ON
L1S 7J5
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from January 27, 2020 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)
D. Crupi & Sons Limited
85 Passmore Avenue
Post Office Box Delivery 272
Toronto,
ON
M1V 4S9
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.
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Contact
Application Assessment Officer
Original proposal
Proposal details
Description of instrument
This proposal is for an amendment to the Limited Operational Flexibility for an Environmental Compliance Approval (Air & Noise) No. 4875-B2XK7K for D. Crupi & Sons Limited, a hot mix asphalt paving establishment and aggregate depot located in the City of Oshawa, Ontario.
The emission sources from the manufacturing and associated processes that exhaust to the air include:
- materials handling and screening,
- storage tanks,
- maintenance,
- a bag house controlling emission from a rotary dryer.
This amendment is to include drum mode operation in the assessment.
Emissions to the air from this facility include:
- naphthalene,
- benzene,
- particulate matter including respirable crystaline silica, nitrogen oxides and
- other products of combustion.
The Environmental Compliance Approval with Limited Operational Flexibility (Air), when issued, permits modifications to the facility subject to limits on operational flexibility that include a production limit for the facility to be specified on the Environmental Compliance Approval with Limited Operational Flexibility (Air).
The limited operational flexibility conditions have an expiry date. The company will be required to make an application for amendment at that time to renew these conditions.
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
230 Westney Road South
Floor 5
Ajax,
ON
L1S 7J5
Canada
Comment
Commenting is now closed.
This consultation was open from January 31, 2019
to March 17, 2019
Comments received
Through the registry
0By email
0By mail
1