Update Announcement
This proposal notice has been updated on March 5, 2021 to advise the public that this application is still under active review. Any comments received to date are being considered as part of the review. The original proposal date and comment period have not been altered.
This consultation was open from:
March 26, 2020
to May 10, 2020
Decision summary
We have approved amended Environmental Compliance Approval (industrial sewage) No. 4573-BR6G22 to RIC (EOR) Inc. in the City of Oshawa, Ontario.
Location details
Site address
1515 Thornton Road North
Oshawa,
ON
L1H 7K4
Canada
Site location details
Part of Lot 16, Concession 4
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)
RIC (EOR) Inc. operating as Northwood Transfer Station
162 Cumberland Street
Suite 300
Toronto,
ON
M5R 3N5
Canada
Decision details
On October 27, 2021, we approved amended Environmental Compliance Approval (industrial sewage) No. 4573-BR6G22 to RIC (EOR) Inc. in the City of Oshawa, Ontario. The amended sewage works will service the proposed anaerobic digestion facility and includes:
- a replacement of the existing storm sewer system with a new storm sewer system comprised of catchbasins and sewers for stormwater conveyance
- one new overland flow swale for the conveyance of stormwater during the large storm events
- five bioretention calls and three infiltration galleries for the infiltration of non-contact stormwater
- one lined spill containment facility to service the outdoor tank farm
- one oil and grit separator for quality control
- replacement of the existing stormwater management pond with one lined wet pond for quantity and quality control and secondary spill containment
- one concrete spill containment trench with a sump pump and storage tank to service the outdoor waste unloading area
- an update to the stormwater management monitoring and effluent criteria
The treated stormwater meeting the ministry requirements will discharge into Goodman Creek.
The above decision notice relates to the industrial sewage works decision only. Please refer to ERO# 019-1538 for the decision notice for the waste disposal site application and ERO# 019-1540 for the decision notice for the air/noise application.
Effects of consultation
The information below summarizes the public's comments and how we considered and addressed them as part of our decision:
-
Concerns regarding the location, zoning, wastewater discharges to the sanitary sewer, future development/planning, traffic (volume, safety, noise and air impacts) on municipal roads and municipal road conditions.
Response: Location, zoning, future development/planning, wastewater discharges to the sanitary sewer, traffic (volume, safety, noise and air impacts) on municipal roads, and municipal road conditions are under municipal jurisdiction which are out-of-scope of the Environmental Compliance Approval review process. -
Concerns regarding the waste disposal site (including waste service area, waste receipt and processing limits, hours of operation, outdoor waste storage, litter control, pest management, bird and wildlife impacts on Oshawa Executive Airport, environmental assessment for pyrolysis, and design and operation report contents such as technology, equipment, on-site traffic, and financial assurance) and the need for a public relations/education strategy and liaison committee to help inform the public on the purpose, function and environmental impacts of the proposed development.
Response: These concerns are related to the waste Environmental Compliance Approval application and are out of scope of the sewage works Environmental Compliance Approval review process. -
Concerns regarding air (including compliance with the air quality regulations and standards, the emission summary and dispersion modelling report, monitoring for air contaminants and odour, and possible air impacts, including dust and odours, from the proposed waste disposal site and waste haulage routes), noise (including possible noise impacts, truck traffic count projections in the Acoustic Assessment Report compared to those in the Traffic Impact Study, noise results reporting) and drivers of vehicles following site operation protocols.
Response: These concerns are related to the waste and air/noise Environmental Compliance Approval applications and are out of scope of the sewage works Environmental Compliance Approval review process. -
Concerns regarding an effective way for residents to submit complaints to the site.
Response: The conditions of the Environmental Compliance Approval require the owner to develop a procedure for receiving, responding and recording public complaints, including any follow-up actions taken. Furthermore, the waste and air/noise Environmental Compliance Approvals also contain conditions requiring the owner to have an effective complaint management program with a sign at the entrance of the site which includes contact information for submitting complaints. -
Request to require Evergreen to demonstrate that the proposed anaerobic digestion facility operation will not adversely impact the existing residences and other land uses in the area.
Response: With respect to the sewage works Environmental Compliance Approval application, the conditions of the Environmental Compliance Approval require the owner to provide secondary spill containment, water balance, Enhanced level water quality protection and to attenuate post-development peak flows to pre-development levels for all storm events up to and including the 100-year return storm by including requirements for construction, operation and maintenance of the approved stormwater management works, secondary spill containment, a spill contingency plan, a monitoring program, effluent criteria and reporting.
All these are in place to ensure the facility operates in a manner that protects health of the public and the environment.
Adverse impacts related to air, noise and waste are related to the waste and air/noise Environmental Compliance Approval applications and are out of scope of the sewage works Environmental Compliance Approval review process. -
Request to have studies in support of this application professionally peer reviewed.
Response: The ministry’s professional engineering staff review the applications for Environmental Compliance Approvals. Third party peer reviews are not a part of the ministry's Environmental Compliance Approval review process. -
Request to make efforts to coordinate the Environmental Compliance Approval process with the planning approval process.
Response: The ministry obtained confirmation of the local municipality's site plan approval and the local conservation authority's approved permit prior to making a decision on this application. Where possible, ministry staff coordinate with other approvals required for the proposal. - Request to require the applicant to obtain a decision from Central Lake Conservation Authority for the proposed sewage works prior to the ministry issuing a decision regarding the application.
Response: A copy of the Central Lake Conservation Authority's permit was obtained prior to the issuance of this Environmental Compliance Approval.
- Concerns with using the stormwater pond as a back up containment facility for any spills.
Response: The conditions of the Environmental Compliance Approval require the owner to provide the majority of the secondary spill containment volume within the lined tank farm. Should the tank farm's secondary spill containment volume be reached, a portion of the spill will be redirected to the lined stormwater management pond which has been designed to contain the sum of the 100-year storm event volume and the necessary remaining secondary spill containment volume. In addition to this, the outlet to the stormwater management pond is equipped with an automated valve that automatically closes when a large spill occurs within the tank farm to prevent any spills during extreme weather events from leaving the site.
- Recommendation to require Evergreen to engage with local post-secondary institutions (including, but not limited to, Durham College, Trent University Durham GTA and Ontario Tech University) with respect to the development of this Site.
Response: This recommendation is out of scope of the sewage works Environmental Compliance Approval review process.
- Recommendation for the Region of Durham and Central Lake Conservation Authority to be consulted during the ministry's review of the applications.
Response: All in-scope comments received through the Environmental Registry of Ontario's public consultation period have been considered in the ministry's Environmental Compliance Approval review process.
- Request for the applicant to submit a new stormwater management report to demonstrate that the proposed development is in compliance with the requirements outlined in the approved Northwood Business Park Master Stormwater Management Plan, prepared by Greck and Associates Limited in August 2016.
Response: The original stormwater management report was revised to demonstrate that the proposed development is in compliance with the requirements outlined in the approved Northwood Business Park Master Stormwater Management Plan, prepared by Greck and Associates Limited in August 2016.
- Reporting and site records should be kept for longer than the proposed two years.
Response: The conditions of the Environmental Compliance Approval require the owner to maintain records for a minimum of five years.
- Concerns regarding the lack of detail on the proposed low impact development methods.
Response: Details on the design, location and catchment areas for the proposed low impact development methods were provided during the sewage works Environmental Compliance Approval review process.
- Concerns regarding the need for an environmental impact study to be completed to the satisfaction of the City of Oshawa and Central Lake Conservation Authority.
Response: A contamination management plan was provided to support the Central Lake Ontario Conservation Authority's approved permit no. O21-133-GBH for this site and the City of Oshawa's site plan approval.
- Concerns regarding terrestrial ecology (specifically, additional plantings, woodland buffer areas, species at risk screening and light pollution), aquatic ecology (specifically, erosion control for the off-site outfall, in-water construction timing, project proposal to the Department of Fisheries and Oceans Canada for review), and the need for a geotechnical slope stability assessment, water balance study, Vulnerable Area Screening Application and a hydrogeological study.
Response: The concern regarding the need for a water balance study was addressed in the revised stormwater management plan. A study on the groundwater elevations was required to support the design of the proposed low impact development methods; however, a detailed hydrogeological study was not required as the remainder of the application is for the discharge of stormwater to surface water. The remaining concerns are under municipal and conservation authority jurisdiction and are out-of-scope of the Environmental Compliance Approval review process.
- Recommendation to include the maintenance access for the proposed stormwater pond within the site's grading and site servicing plan.
Response: The stormwater management plan, including the grading and servicing plan, was revised to indicate the maintenance access point for the proposed stormwater management pond.
- Concerns regarding stormwater management pond retrofit grading beyond the property line.
Response: This grading concern was addressed within the revised grading plan.
- Concerns regarding the need for a maintenance manual for the proposed stormwater management works including the need for frequent inspections.
Response: The conditions of the Environmental Compliance Approval require the owner to develop an operation and maintenance manual for the approved sewage works and to inspect and maintain the works at least once per year.
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.
230 Westney Road South
Floor 5
Ajax,
ON
L1S 7J5
Canada
135 St. Clair Avenue West
1st Floor
Toronto,
ON
M4V 1P5
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from November 2, 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)
RIC (EOR) Inc. operating as Northwood Transfer Station
162 Cumberland Street
Suite 300
Toronto,
ON
M5R 3N5
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
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
This proposal is for an amendment to the existing ECA No. 3-1036-98-006. Approval is sought for storm sewers, an oil-grit separator, and a stormwater management pond to manage runoff from the 4.7 hectare waste processing facility area, discharging to Goodman Creek.
Reference No. 8575-BLHL2R / ERO No. 019-1538 (Waste Disposal Site)
Reference No. 2998-BLHKKR / ERO No. 019-1540 (Air&Noise)
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.
230 Westney Road South
Floor 5
Ajax,
ON
L1S 7J5
Canada
135 St. Clair Avenue West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Comment
Commenting is now closed.
This consultation was open from March 26, 2020
to May 10, 2020
Connect with us
Contact
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
0By email
3By mail
0