Regional Disposal Services Inc. - Environmental Compliance Approval (waste)

Instrument type: Environmental Compliance Approval (waste)

ERO number
019-1458
Ministry reference number
3701-BL2RYJ
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
March 9, 2020 - April 23, 2020 (45 days) Closed
Last updated

This consultation was open from:
March 9, 2020
to April 23, 2020

Decision summary

On January 9, 2021 the ministry issued an Environmental Compliance Approval to Regional Disposal Services Inc. to allow an increase in waste receipt from 299 to 1000 tonnes per day, an increase in waste storage from 350 to 550 tonnes, and the receipt of up to 30 tonnes per day and storage of 60 tonnes of asbestos at their existing site in Hamilton.

Location details

Site address

375 Gage Avenue North
Hamilton, ON
L8L 7B1
Canada

Site location map

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

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Proponent(s)

Regional Disposal Services Inc.
375 Gage Avenue North
Hamilton, ON
L8L 7B1
Canada

Decision details

On January 9, 2021 the ministry issued an Environmental Compliance Approval to Regional Disposal Services Inc. to allow an increase in waste receipt from 299 to 1000 tonnes per day, an increase in waste storage from 350 to 550 tonnes, and the receipt of up to 30 tonnes per day and storage of 60 tonnes of asbestos at their existing site in Hamilton.

Conditions have been imposed to ensure the safe handling of asbestos waste at the site, and to require an asbestos fibre sampling and analysis plan to confirm the handling of asbestos at this site does not result in a nuisance or a hazards to human health or the environment.

Comments received

Through the registry

2

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

The proposal was posted on the Environmental Registry on April 24, 2020 and neighbour notification letters were distributed. Two electronic comments were received, citing the following concerns:

Comment 1

  • existing operations impact neighbours through noise, dust and dirt drag-out onto street
  • close proximity to residential homes
  • large waste piles on-site contributes to dust
  • concerns about increasing waste amounts
  • concerns about asbestos storage given current operations

Comment 2

  • aware of previous dust impacts from chipping of woodwaste
  • understand that this activity will no longer take place on-site
  • concerns with increases in waste storage and asbestos handling
  • close proximity to residential homes
  • ECA should include conditions to prevent odour impacts
  • contact info should be posted on sign
  • best management practices should be implemented to prevent dust migration
  • ECA should include strong conditions on asbestos handling

These concerns were addressed as follows:

Concerns relating to dust impacts at the site were addressed through the requirement for a Fugitive Dust Best Management Practices Plan in the concurrently prepared air approval.

Concerns relating to noise were addressed through a concurrent noise review and recommendations for conditions to be included in the concurrently prepared air approval.

Concerns regarding the handling of asbestos were addressed through the inclusion of standard asbestos handling conditions that include requirements for signage, safe packaging, safe storage in covered trailers, safe handling, training, personal protective equipment, asbestos spill response equipment, shipping, and the implementation of an airborne asbestos fibre sampling and analysis plan with results to be submitted to the District Office on a regular basis.

Concerns regarding general operations are already covered through existing conditions, including nuisance abatement and response conditions (including odour), signage requirements and storage restrictions.

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.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number
Hamilton District Office
Address

119 King Street West
Floor 9
Hamilton, ON
L8P 4Y7
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from February 8, 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
Mohsen Keyvani
Manager

Environmental Assessment and Permissions Branch
135 St Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

416-432-7253

Proponent(s)

Regional Disposal Services Inc.
375 Gage Avenue North
Hamilton, ON
L8L 7B1
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
019-1458
Ministry reference number
3701-BL2RYJ

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
019-1458
Ministry reference number
3701-BL2RYJ
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

March 9, 2020 - April 23, 2020 (45 days)

Proposal details

This proposal is to amend Environmental Compliance Approval (Waste Disposal Site) No. 6567-5ADLUE issued to Regional Disposal Services Inc. which is on a 2.48 hectare property, located in Hamilton, Ontario. This is a transfer/processing facility for non-hazardous waste limited to construction and demolition waste.

The current maximum waste received daily is 299 tonnes and the current maximum storage capacity is 350 tonnes. The facility receives, sorts, and transfers the waste to various recycling and/or disposal sites. The facility’s area of service is the Province of Ontario and the hours of operation are Monday to Saturday, 7:00 am to 7:00 pm.

This proposal amendment is to allow for the following changes to the above current operating conditions:

  • an increase of the tonnage of material accepted at the site for recyclable sorting and further transfer for disposal from 299 tonnes per day to 1,000 tonnes per day
  • an increase in the tonnage of material that can be stored at the site from 350 tonnes to 550 tonnes
  • the allowance for acceptance of asbestos containing materials to a total amount of 30 tonnes per day, and a maximum storage capacity of 60 tonnes

Please note that no processing of asbestos containing materials will be conducted at the Site. The facility will merely serve as a location to consolidate the materials. Treatment and disposal will be conducted at a licensed facility.

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.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number
Hamilton District Office
Address

119 King Street West
Floor 9
Hamilton, ON
L8P 4Y7
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from March 9, 2020
to April 23, 2020

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