The Corporation of the City of Temiskaming Shores - Direction to keep sewage works in repair

Instrument type: Direction to keep sewage works in repair

ERO number
019-1989
Ministry reference number
9205-ANYPRW
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
June 26, 2020 - July 26, 2020 (30 days) Closed
Last updated

This consultation was open from:
June 26, 2020
to July 26, 2020

Decision summary

The ministry has issued direction that would allow for the disposal of contaminated groundwater in the New Liskeard Lagoons sewage treatment system. The contaminated groundwater was encountered during the excavation of soil for the replacement of a culvert located at Calamity Creek on Highway 11.

Location details

Site address

Bedard Road
City of Temiskaming Shores, ON
P0J 1P0
Canada

Site location details

New Liskeard Lagoons

Site location map

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

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Proponent(s)

The Corporation of the City of Temiskaming Shores
Post Office Box No. 2050
Haileybury, ON
P0J 1K0
Canada

Decision details

Following a request from the Corporation of the City of Temiskaming Shores, on August 7, 2020, the director provided authorization to the municipality allowing them to accept contaminated groundwater from the Calamity Creek Culvert replacement project on Highway 11 until September 30, 2020.

Specifically, the city was granted permission to accept at their New Liskeard Lagoons, contaminated water (Industrial Wastewater) from the project site. The lagoons are described in the City’s approvals No. 9205-ANYPRW and 5490-A3NJRQ.

In granting the authorization, the director also imposed additional operation and reporting requirements for the duration of the authorization.

Comments received

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0

By email

0

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0
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Effects of consultation

No comments were received.

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 13, 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
Carroll Leith
Manager

Timmins District Office
5520 101 Highway East
PO Bag 3080
South Porcupine, ON
P0N 1H0
Canada

705-266-4420

Proponent(s)

The Corporation of the City of Temiskaming Shores
Post Office Box No. 2050
Haileybury, ON
P0J 1K0
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
019-1989
Ministry reference number
9205-ANYPRW

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
019-1989
Ministry reference number
9205-ANYPRW
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

June 26, 2020 - July 26, 2020 (30 days)

Proposal details

The Calamity Creek Culvert Rehabilitation Project (Project) is a Ministry of Transportation (MTO) project which involves in-water work in Calamity Creek for the purposes of replacing a culvert beneath Highway 11, just north of Toblers Road in the City of Temiskaming Shores (City).

In 2019, contaminated groundwater was intercepted during preliminary work on the project site. The origin of the contamination is thought to be from creosote treated wood that had historically been used as building material at the site.  

On May 14, 2020, the environmental consultant, Story Environmental Inc., submitted a letter to the City regarding disposal of water from the Calamity Creek Project. It was indicated in this letter that, following treatment using an adsorptive media filtration system, the water produced by the dewatering activities at the Calamity Creek construction site can be managed within the New Liskeard Sewage Lagoon without any ill effects. 

On May 28, 2020, the City sent information to the Ministry of the Environment, Conservation and Parks outlining its proposal to accept industrial wastewater originating at the project site.  The City’s proposal assumes a maximum of 28,000 litres of industrial wastewater being received per day, seven days per week, for the remainder of the project.  The proposal is based on directing the industrial wastewater to the Gray Road Lift Station, which is part of the works as described in the City’s ECA No. 9205-ANYPRW, at a maximum rate of one (1) 28,000 litre truck load per hour.

It is anticipated that the current need for industrial wastewater hauling will depend on weather, site conditions and the progress of the project, and may last until September 30, 2020.  A maximum of approximately 3,000,000 litres of industrial wastewater may require hauling and disposal in the works in 2020.

The report is proposed to provide an alternative to long-distance hauling of industrial wastewater from the Project to reduce:

  1. The potential spread of COVID-19
  2. The environmental impact of hauling
  3. The cost to the Crown

Additional notice of this proposal has been given to the Mayor & Council of the City of Temiskaming Shores.

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 June 26, 2020
to July 26, 2020

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