OBD Developments Inc. - Environmental Compliance Approval (sewage)

Instrument type: Environmental Compliance Approval (sewage)

ERO number
019-1106
Ministry reference number
2359-BHVKPS
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
January 3, 2020 - February 17, 2020 (45 days) Closed
Last updated

This consultation was open from:
January 3, 2020
to February 17, 2020

Decision summary

An amended Environmental Compliance Approval (Sewage) is granted to OBD Developments Inc., for the construction of storm sewers and the establishment of stormwater management works for the collection, transmission, treatment and disposal of stormwater run-off to service a family detached homes development in Georgian Bay, Ontario.

Location details

Site address

Port Severn, ON
L0K 1S0
Canada

Site location details

Lots 32 and 33, Concession 2, Township of Georgian Bay, Ontario

Site location map

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

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Proponent(s)

OBD Developments Inc.
145 Haist Avenue
Woodbridge, ON
L4L 5V1
Canada

Decision details

An amended Environmental Compliance Approval (Sewage) is granted to OBD Developments Inc., for the construction of storm sewers and the establishment of stormwater management works for the collection, transmission, treatment and disposal of stormwater run-off to service a family detached homes development located on a land legally described as Lots 32 and 33, Concession 2 in the Township of Georgian Bay.

The works will provide enhanced level (80% TSS removal) water quality protection using an oil and grit separator and will discharge to the nearby marina basin. The approved OGS will replace an OGS that was approved in 2008 (ECA No. 4690-79JRP2 issued on February 22, 2008) for the same site but was not constructed.

Comments received

Through the registry

1

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

The main points of the comment received on the ERO, from a local resident, are that the current application omitted to include a pond to handle stormwater for the site and that; an Oil/Grit Separators (OGS) is the least approach to handle contaminate loads as required by the Provincial Policy Statement. The comment claims that effluent will contain chemical elements that cannot be filtered out such as fertilizers, pesticides and salt, all of which will negatively impact nearby spawning areas.

This comment is not relevant for at least three (3) reasons.

1: The Ministry SWM Planning and Design Manual 2003 recommends runoff management with ponds for catchment areas larger than 5 ha and typically recommends OGS for areas less than 2 ha. The area covered by this proposal is far less than 2 ha.

2: Neither SWM ponds nor OGS are designed to remove contaminants such as fertilizers, pesticides and salt. Both are designed to remove total suspended solids (TSS). The current application has been designed to achieve 80% TSS removal (enhanced level quality control). In addition to removing TSS, OGS are designed to remove oil.

3: Finally, the current application seeks approval for an OGS to replace an OGS that was approved in 2008 for the same site but was not constructed. Also, the receiver (marina basin) remains the same for the new OGS and 2008 approved OGS. In that respect, the application has not changed technically. The existing ECA is amended to allow OBD Developments Inc to implement quality control for SWM .

Aside of the reasons provided above;

Annual environmental reporting, of the overall project, to the Ministry of Natural Resources and Forestry (MNRF) have been in place for many years and continues as per requirement of the 2006 Environmental Impact Study (EIS).

OBD Developments Inc., has also provided the reviewer with a recent decision made by the Local Planning Authority Tribunal (LPAT) dated April 22, 2020, issued as a result of an objection by a local resident to the zoning bylaw passed by the Township of Georgian Bay for the Oak Bay Marina Townhomes. The objection was dismissed by the LPAT.

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 May 5, 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)

OBD Developments Inc.
145 Haist Avenue
Woodbridge, ON
L4L 5V1
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
019-1106
Ministry reference number
2359-BHVKPS

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
019-1106
Ministry reference number
2359-BHVKPS
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

January 3, 2020 - February 17, 2020 (45 days)

Proposal details

This proposal is for a new Environmental Compliance Approval (Sewage) to be issued to OBD Developments Inc., for the construction of storm sewers and the establishment of stormwater management works for the collection, transmission, treatment and disposal of stormwater run-off from a land legally described as Lots 32 and 33, Concession 2, Township of Georgian Bay.

The works will provide enhanced level (80% Total Suspended Solids removal) water quality protection; discharging to an existing oil and grit separator, in support of proposed single family detached homes.

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 January 3, 2020
to February 17, 2020

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