This consultation was open from:
November 13, 2019
to December 13, 2019
Decision summary
A Director’s Order was issued to Carillion Canada Inc., Gerald Anthony DiRocco, Hamilton Beach Brands Canada, Inc., and 2441577 Ontario Inc. with respect to the property located at 10 McFarland Drive, Picton.
Location details
Site address
10 McFarland Drive
Picton,
ON
K0K 2T0
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)
Carillion Canada Inc.
7077 Keele Street
4th Floor
Concord,
ON
L4K 0B6
Canada
Gerald Anthony DiRocco
257 Pinnacle Street
Belleville,
ON
K8N 3B2
Canada
Hamilton Beach Brands Canada, Inc.
7300 Warden Avenue
Suite 201
Markham,
ON
L3R 9Z6
Canada
2441577 Ontario Inc.
196 Bridge Street East
Belleville,
ON
K8N 1N6
Canada
Decision details
A Director’s Order was issued on January 23, 2020 to Carillion Canada Inc., Gerald Anthony DiRocco, Hamilton Beach Brands Canada, Inc., and 2441577 Ontario Inc. with respect to the property located at 10 McFarland Drive, Picton. The Order was issued under Sections 18, 132, 196 and 197 of the Environmental Protection Act.
The Director’s Order pertains to contaminants of concern including, but not necessarily limited to, the following:
- tetrachloroethylene or perchloroethylene
- trichloroethylene
- cis 1,2 dichloroethylene (cis 1,2 DCE)
- trans 1,2 dichloroethylene (trans 1,2 DCE)
- 1,1-DCE
- 1,4 dichlorobenzene
- volatile organic compounds
These contaminants of concern are believed to have contaminated the soil and groundwater at the above referenced property located in the Town of Picton, Ontario (the site) as well as the groundwater and surface water on properties in the vicinity of the site.
The Director’s Order requires the orderees, jointly and severally, to undertake actions, which among others, include:
- retain a qualified consultant to conduct the work required by the Order
- submit to the director, for review and acceptance, a proposed risk management plan
- upon receipt of the director’s acceptance of the risk management plan, implement the plan as accepted
- provide written confirmation to the director that implementation of the risk management plan has commenced
- submit reports to the director detailing actions taken in implementing the risk management plan as accepted
A copy of the Final Director’s Order can be viewed at the Belleville Area Office upon written request.
Effects of consultation
The comments received were related to consideration of additional orderees proportioning of Financial Assurance. The director consulted with proponent counsels and determined that changes were not required.
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.
345 College St E
Belleville,
ON
K8N 5S7
Canada
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:
- 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)
Carillion Canada Inc.
7077 Keele Street
4th Floor
Concord,
ON
L4K 0B6
Canada
Gerald Anthony DiRocco
257 Pinnacle Street
Belleville,
ON
K8N 3B2
Canada
Hamilton Beach Brands Canada, Inc.
7300 Warden Avenue
Suite 201
Markham,
ON
L3R 9Z6
Canada
2441577 Ontario Inc.
196 Bridge Street East
Belleville,
ON
K8N 1N6
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
Bob Putzlocher
1259 Gardiners Road
Unit 3
Kingston,
ON
K7M 8S5
Canada
Original proposal
Proposal details
This proposal is for a Director’s Order to Carillion Canada Inc., Gerald Anthony DiRocco, Hamilton Beach Brands Canada, Inc., and 2441577 Ontario Inc. with respect to the property located at 10 McFarland Drive, Picton. If approved, the Order will be issued under Sections 18, 132, 196 and 197 of the Environmental Protection Act.
The Director’s Order pertains to contaminants of concern including, but not necessarily limited to, the following:
- tetrachloroethylene or perchloroethylene
- trichloroethylene
- cis 1,2 dichloroethylene (cis 1,2 DCE)
- trans 1,2 dichloroethylene (trans 1,2 DCE)
- 1,1-DCE
- 1,4 dichlorobenzene
- volatile organic compounds
These contaminants of concern are believed to have contaminated the soil and groundwater at the above referenced property located in the Town of Picton, Ontario (the site) as well as the groundwater and surface water on properties in the vicinity of the site.
The Director’s Order requires the Orderees, jointly and severally, to undertake actions, which amongst others, include:
- retain a qualified consultant to conduct the work required by the Order
- submit to the director, for review and acceptance, a proposed risk management plan
- upon receipt of the director’s acceptance of the risk management plan, implement the plan as accepted
- provide written confirmation to the director that implementation of the risk management plan has commenced
- submit reports to the director detailing actions taken in implementing the risk management plan as accepted
A copy of the Final Director’s Order can be viewed at the Belleville Area Office upon written request.
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.
345 College St E
Belleville,
ON
K8N 5S7
Canada
Comment
Commenting is now closed.
This consultation was open from November 13, 2019
to December 13, 2019
Connect with us
Contact
Bob Putzlocher
1259 Gardiners Road
Unit 3
Kingston,
ON
K7M 8S5
Canada
Comments received
Through the registry
1By email
1By mail
0