This consultation was open from:
December 17, 2020
to January 31, 2021
Decision summary
We issued Certificate of Property Use No.0368-BURK7K to Siemens Canada Limited for the property located at 20 Myler Street in Hamilton, Ontario.
Location details
Site address
20 Myler Street
Hamilton,
ON
Canada
Site location details
Legal description:
part lot 10, concession 1 BARTON ,AS IN HA78664 (FIRSTLY, SECONDLY AND FOURTHLY), HA87469 and HA190906; lots 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26,PL 167 ; lots 40, 41, 42, 43, 44, 45, 46, 47, 48 and 49,PL 167 ; part lot 39,PL 167 ,AS IN HA78664 (FIFTHLY) ; part lot 50, PL 167 , AS IN HA78664 (FIFTHLY); part PRINCESS STREET, PL 167 , CLOSED BY UNREGISTERED BY LAW number 285, AS IN HA78664 (SIXTHLY) ;part SANFORD AVENUE,PL 167, (AKA BURLINGTON STREET) CLOSED BY UNREGISTERED BY LAW NUMBER 285, AS IN HA78664 (SIXTHLY); part WESTINGHOUSE AVENUE,PL 167, (FORMERLY BRANT STREET), CLOSED BY UNREGISTERED BY LAW NUMBER 285, AS IN HA78664 (SIXTHLY); part ALLEY, PL 167, AS IN HA78664 (SEVENTHLY) ; part ALLEY, PL 167 , AS IN HA78664 (EIGHTHLY) ; RESERVE, PL 167 ; part lots 2 and 3, PL 363, AS IN HA138158 (SECONDLY) ; part lots 4, PL 363 , AS IN HA135553 (FIRSTLY), EXCEPT THE EASEMENT THEREIN, and HA138158 (THIRDLY); lots 5, 6 and 7, PL 363 ; part lots 8, PL 363 , AS IN HA135553 (FOURTHLY) and HA138158 (FIRSTLY) ; LANE, PL 363 , CLOSED BY BL322; part FULLERTON AVENUE, PL 363,(FORMERLY ROGERS PLACE and ROSEDALE AVENUE), CLOSED BY BL322, AS IN HA139691; S/T HA139691 and HA138158; HAMILTON
Being all of PIN Number 17194-0074(lot);
and
part lots 1, 2, 3, 4 AND 8 PL 363, part FULLERTON AVENUE PL 363 CLOSED BY BL352, part 1 ON 62R17697;HAMILTON
Being all of PIN Number 17194-0319 (lot);
and
part lots 1 and 2,PL 363, AS IN VM69968; HAMILTON
Being all of PIN Number 17194-0286 (lot);
and
part lots 1 and 2,PL 363, AS IN NS178007; part FULLERTON AVENUE,PL363, (FORMERLY RODGERS PLACE and ROSEDALE AVENUE), CLOSED BY BL352, AS IN NS178007; HAMILTON
Being all of PIN Number 17194-0287(lot)
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)
Siemens Canada Limited
1577 North Service Rd E
Oakville,
ON
L6H 0H6
Canada
Decision details
On February 9, 2021, we issued Certificate of Property Use (CPU) No.0368-BURK7K to Siemens Canada Limited, who is the current owner of the property. The CPU requires the owner to implement risk management measures at 20 Myler Street, Hamilton (property) to prevent or minimize potential exposures to contaminants of concern (CoC) present on the property, including:
- the maintenance of existing and/or the installation of new fill caps and hard caps to provide a barrier to soils impacted with CoC
- restrictions on the construction of new building(s) unless the building(s) incorporate soil vapour intrusion mitigation systems and/or a ventilated storage garage
- requirements for improvements to the Oil House prior to occupancy and measures to ensure that modifications to other existing buildings minimize the potential for soil vapour intrusion
- the monitoring of sub-slab vapour and indoor air quality to ensure that the levels of CoC remain below the levels determined as acceptable by the approved risk assessment
- the monitoring of groundwater to ensure that onsite CoC are not impacting adjacent properties
- the implementation of contingency actions should the monitored parameters exceed any trigger values set out by the CPU
- the development of soil management and health and safety plans to ensure that CoC present on the property are handled appropriately and safely during intrusive activities on the property
- inspection, maintenance and reporting requirements to document and ensure that the risk management measures are implemented as set out by the CPU
A certificate is to be registered on the property title in accordance with Section 197 of the Environmental Protection Act and that before dealing with the property in any way, a copy of the CPU is to be given to any person who will acquire an interest in the property.
Effects of consultation
The director did not require any changes to the draft CPU as a result of public consultation.
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.
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from February 16, 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)
Siemens Canada Limited
1577 North Service Rd E
Oakville,
ON
L6H 0H6
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
Stephen Burt
119 King Street West
Floor 12
Hamilton,
ON
L8P 4Y7
Canada
Original proposal
Proposal details
A risk assessment was undertaken for this property to establish the risks that the contaminants identified in the risk assessment may pose to future users and to identify appropriate risk management measures to be implemented to ensure that the property is suitable for the intended uses of Industrial, Commercial and Community defined by O. Reg.153/04.
Our review of the risk assessment involved the following reports, documents, information and correspondence:
- a risk assessment of 30 Milton Avenue, 42 Westinghouse Avenue and 20 Myler Street, Hamilton, Ontario, prepared by Intrinsik Environmental Sciences Inc., dated October 2014.
- appendices: a risk assessment of 30 Milton Avenue, 42 Westinghouse Avenue and 20 Myler Street, Hamilton, Ontario, prepared by Intrinsik Environmental Sciences Inc., dated October 2014.
- a risk assessment of 20 Myler Street, Hamilton, Ontario, by Intrinsik Environmental Sciences Inc., dated July 2015.
- a risk assessment of 20 Myler Street, Hamilton, Ontario, by Intrinsik Corp., dated January 2017.
- a risk assessment of 20 Myler Street, Hamilton, Ontario, by Intrinsik Corp., dated July 29, 2019.
- revised risk assessment report for 20 Myler Street, Hamilton, Ontario, report prepared by Intrinsik Corp., dated June 30, 2020.
Based on the documents provided to us as part of the risk assessment report, the reviewers can confirm that the risk assessment has been conducted in accordance with the Environmental Protection Act(the Act), Ontario Regulation 153/04 (the regulation),and the associated guidance documents. The director provided the proponent with written Notice of the Director’s Decision to accept risk assessment number 2333-9JGGGN relating to the property in accordance with section 168.5 of the Act on October 27, 2020.
The director is considering the issuance of a CPU in relation to the site. The proposed CPU incorporates the risk management measures proposed in the risk assessment and additional conditions proposed by the director. The proposed draft CPU number 0368-BURK7K is attached.
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.
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
Comment
Commenting is now closed.
This consultation was open from December 17, 2020
to January 31, 2021
Connect with us
Contact
Stephen Burt
119 King Street West
Floor 12
Hamilton,
ON
L8P 4Y7
Canada
Comments received
Through the registry
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0By mail
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