1347921 Ontario Inc. - Order to stop or regulate sewage discharge into sewer works

Instrument type: Order to stop or regulate sewage discharge into sewer works

ERO number
019-0374
Ministry reference number
SCTP-DO001FA
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 6, 2019 - September 20, 2019 (45 days) Closed
Last updated

This consultation was open from:
August 6, 2019
to September 20, 2019

Decision summary

Director’s Order No. SCTP-DO001FA was issued on October 4, 2019, attached.

The Order was subsequently amended several times. The final amended version, dated August 14, 2020, is attached.

Location details

Site address

26 Stoney Creek Road
Lindsay, ON
K9V 0K1
Canada

Site location details

Part of Lot 6, Concession 5 (former Ops Township)

City of Kawartha Lakes, Ontario

Site location map

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

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Proponent(s)

1347921 Ontario Inc.
21 Eden Avenue
Markham, ON
L3R 6P9
Canada

Harinder Singh Lamba
21 Eden Avenue
Markham, ON
L3R 6P9
Canada

Decision details

The Director’s Order requires the park owner to undertake actions to address ongoing operational issues with the sewage works at the mobile home trailer park, including interim pump-outs of septic tanks and an engineering assessment and upgrades.

The Director’s Order also requires that Financial Assurance be provided by the orderees to the ministry that could be used by the ministry if the owner is unable or unwilling to do the work.

Comments received

Through the registry

3

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

The comments submitted were all supportive of the ministry taking strong compliance actions to address the problems with the park’s sewage works.

The final Director’s Order was issued with minor revisions to the draft version, and was subsequently amended.

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.

Drinking Water and Environmental Compliance Division - Eastern Region
Address

300 Water Street
2nd Floor, South tower
Peterborough, ON
K9J 3C7
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from March 19, 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:

  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
David Bradley
District Manager

Peterborough District Office - Robinson Pl South Tower
300 Water Street
Floor 2
Peterborough, ON
K9J 3C7
Canada

705-755-4307

Proponent(s)

1347921 Ontario Inc.
21 Eden Avenue
Markham, ON
L3R 6P9
Canada

Harinder Singh Lamba
21 Eden Avenue
Markham, ON
L3R 6P9
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
019-0374
Ministry reference number
SCTP-DO001FA

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
019-0374
Ministry reference number
SCTP-DO001FA
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 6, 2019 - September 20, 2019 (45 days)

Proposal details

The proposed Director’s Order No. SCTP-DO001FA would be issued under authority provisions of the Environmental Protection Act (EPA) and the Ontario Water Resources Act (OWRA) and would require the site ownership company and its two directors to undertake various actions (refer to attached draft Director's Order for full details), including:

  • retain a licensed sewage hauler to pump out the septic tanks of three failing sewage systems at the site on a regular basis
  • retain a licensed sewage system installer to complete the installation of the currently approved sewage works to upgrade the three failing septic systems
  • retain a Professional Engineer to submit an Action Plan to undertake an assessment of all the sewage works on the site, including a hydrogeological impact assessment, provide a report with recommendations to address deficiencies in the sewage works, and then apply for an approval amendment to include all existing sewage systems and proposed improvements
  • implement the Action Plan upon the Director’s acceptance of it
  • submit a Financial Assurance evaluation report for the costs to undertake the septic tank pump-outs and the costs to implement the Action Plan, and to submit the Financial Assurance funds to the ministry within 21 days of the Director’s acceptance of the evaluation report
  • register a Certificate of Requirement on property title so that prospective purchasers may be aware of the Order, and
  • give a copy of the Order to anyone who may acquire an interest in the property, before dealing with the site in any way

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.

Drinking Water and Environmental Compliance Division - Eastern Region
Address

300 Water Street
2nd Floor, South tower
Peterborough, ON
K9J 3C7
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from August 6, 2019
to September 20, 2019

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