Gateway Casinos & Entertainment Ltd. - Environmental Compliance Approval (sewage)

Instrument type: Environmental Compliance Approval (sewage)

ERO number
019-0674
Ministry reference number
4082-BF2KJ7
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
October 4, 2019 - November 18, 2019 (45 days) Closed
Last updated

This consultation was open from:
October 4, 2019
to November 18, 2019

Decision summary

An Environmental Compliance Approval was issued for the establishment of stormwater management works and wastewater infrastructure works to serve the North Bay Casino located in the City of North Bay.

Location details

Site location details

Lots 30, 31, and 32. Concession 12

Pinewood Park Drive

North Bay, Ontario P1B 8Z4

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 window

Proponent(s)

Gateway Casinos & Entertainment Ltd.
256 Pall Mall Street
Suite 103
London, ON
N6A 5P6
Canada

Decision details

An Environmental Compliance Approval was issued the establishment of stormwater management works and wastewater infrastructure works to serve the North Bay Casino, located in the City of North Bay, for the collection, transmission, treatment and disposal of stormwater runoff from a total catchment area of 2.95 hectares, to provide Enhanced Level water quality protection and erosion control, and to attenuate post-development peak flows to pre-development peak flows for all storm events up to and including the 100-year storm event, discharging to the Cooks Creek, consisting of surface storage, storm sewers, and an oil and grit separator.

The ministry has imposed effluent objectives to be used as a mechanism to trigger corrective action proactively and voluntarily before environmental impairment occurs. Monitoring conditions have been included in the ECA for the owner to demonstrate on a continual basis that the quality of the effluent from the approved works is consistent with the effluent objectives specified in the approval and that the approved works does not cause any impairment to the receiving watercourse or on the endangered species and their habitat.

Comments received

Through the registry

9

By email

3

By mail

0
View comments submitted through the registry

Effects of consultation

Comments regarding incorrect identification of location for file review and difficulty in viewing materials

  • Ministry Response: The proposal was posted on the Environmental Registry (ERO number 019-0674) for a period of 45 days from October 4 to November 18, 2019 and is now closed for comments. The application was available upon request to be viewed by request to Client Services and Permissions Branch located at 135 St Clair Ave West or Drinking Water and Environmental Compliance Division - Northern Region (North Bay) at 191 Booth Road.

Comments regarding quantity control and runoff volume entering Cooks Creek

  • Ministry Response: The site has been designed to control post-development runoff to pre-development runoff rates by the use of an orifice plate in combination with an overflow weir. The Rainfall Intensity-Duration-Frequency (IDF) curves for the City of North Bay (taken from Ministry of Transportation IDF Curve Lookup) were used to calculate the peak flow rates for the pre-development and post-development conditions and were hydrologically modeled for all storm events up to and including the 100-year storm event. From the results of the modeling, it has been shown that the installation of the orifice and overflow weir results in the post-development stormwater release rate being less than the pre-development rate for all storm events up to and including the 100-year storm event.

Comments regarding provisions made for the safety of the Blanding’s turtles in the area

  • Ministry Response: Dillon Consulting Limited (Dillon) was retained by Gateway Casinos & Entertainment Limited (the Proponent) to complete natural environment services for the proposed development. Dillon and the proponent have been considering this project and potential impacts to Species at Risk (SAR) throughout the planning stage of this development. On March 27, 2019, The Ministry of Natural Resources and Forestry (MNRF) issued a Letter to the proponent (NB-LOA-005-19) stating that “Ministry staff have determined that the activities associated with the project, as currently proposed, will likely not contravene section 9 (species protection) or section 10 (habitat protection) of the Endangered Species Act, 2007 for Blanding’s Turtle or Eastern Hog-nosed Snake”. An additional discussion was held between with the Ministry's Species at Risk specialist who confirmed that increased temperature from the stormwater runoff to the creek will not have any adverse effect on the Blanding's Turtle habitat, and it is not expected that Total Suspended Solids (TSS) discharge from the site's effluent will have a major impact on the Blanding’s Turtles.

  • Ministry Response: The ministry has imposed effluent objectives to ensure that the quality of the effluent discharged from the Works minimizes impairment to the receiving watercourse and the endangered species and their habitat. These objectives are to be used as a mechanism to trigger corrective action proactively and voluntarily before environmental impairment occurs.

Comments regarding lack of information about monitoring data to verify effects of the works on the receiver and frequency of inspection of the Oil and Grit separator

  • Ministry Response: The ministry has imposed effluent monitoring conditions to require the owner to demonstrate on a continual basis that the quality and quantity of the effluent from the approved works is consistent with the effluent objectives specified in the Approval and that the approved Works does not cause any impairment to the receiving watercourse or on the endangered species and their habitat.

  • Ministry Response: The ministry has imposed operation and maintenance conditions requiring the preparation of an operation and maintenance schedule such as regular inspection and necessary removal of sediment and excessive decaying vegetation from the works are required to mitigate the impact of sediment, debris and/or decaying vegetation on the treatment capacity of the works. This condition is included to ensure that the works are operated and maintained to function as designed.

  • Ministry Response: The ministry will require the owner to maintain a logbook to record the results of these inspections and any cleaning and maintenance operations undertaken and shall keep the logbook at the owner's administrative office for inspection by the ministry. 

Comments regarding improper erosion and sediment control measures

  • Ministry Response: The North Bay-Mattawa Conservation Authority have reviewed and approved the erosion and sediment controls and have issued a permit for the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses, permit number 19-19 dated May 22, 2019. Correspondence from the North Bay Mattawa Conservation Authority confirms that the site was visited and inspected, and controls were set up, with no concerns raised by the Conservation Authority while on site. The ministry has imposed temporary erosion and sediment control condition on the ECA as installation, regular inspection and maintenance of the temporary sediment and erosion control measures is required to mitigate the impact on the downstream receiving watercourse during construction.

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.

How to Appeal

This instrument decision can be appealed. You have 15 days from August 4, 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:

  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
Aziz Ahmed
Manager

Client Services and Permissions Branch
135 St. Clair Avenue West
1st Floor
Toronto, ON
M4V 1P5
Canada

416-314-4625

Proponent(s)

Gateway Casinos & Entertainment Ltd.
256 Pall Mall Street
Suite 103
London, ON
N6A 5P6
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
019-0674
Ministry reference number
4082-BF2KJ7

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

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
019-0674
Ministry reference number
4082-BF2KJ7
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

October 4, 2019 - November 18, 2019 (45 days)

Proposal details

This proposal is for a new Environmental Compliance Approval (Sewage) to be issued to Gateway Casinos & Entertainment Ltd., for the construction of storm sewers for the collection of stormwater run-off from a land located on Pinewood Park Drive (Lots 30, 31 and 32, Concession 12); in support of a proposed Casino development in the City of North Bay, Ontario.

The storm flows will be conveyed via storm sewers to an oil and grit separator and discharged to rip-rap erosion control and a vegetated ditch prior to discharging to Cooks Creek, just north of the site, within the Lake Nipissing watershed.

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.

Comment

Commenting is now closed.

This consultation was open from October 4, 2019
to November 18, 2019

Connect with us

Contact