Miller Paving Limited - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-2940
Ministry reference number
4224-BTKMRB
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 8, 2021 - February 22, 2021 (45 days) Closed
Last updated

This consultation was open from:
January 8, 2021
to February 22, 2021

Decision summary

An amended Environmental Compliance Approval (air & noise) has been issued for Miller Paving Limited, a hot mix asphalt plant, ready-mix concrete plant, and aggregate depot facility located in the Town of Whitby, Regional Municipality of Durham.

Location details

Site address

4615 Thickson Road
Whitby, ON
Canada

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 window

Proponent(s)

Miller Paving Limited
505 Miller Avenue
Markham, ON
L3R 9R8
Canada

Decision details

An amended Environmental Compliance Approval (Air & Noise) has been issued for Miller Paving Limited, a hot mix asphalt plant, ready-mix concrete plant, and aggregate depot facility located in the Town of Whitby, Regional Municipality of Durham.

This approval is for the installation of one new drum hot mix asphalt plant to replace the existing batch hot mix asphalt plant and the addition of:

  • one asphalt storage silo
  • one asphalt cement storage tank
  • aggregate depot activities

Contaminant emissions to the atmosphere include:

  • particulate matter
  • benzo(a)pyrene
  • benzene
  • nitrogen oxides
  • noise

Comments received

Through the registry

1

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

Comment received was reviewed and, where appropriate, was considered in the ministry’s decision whether or not to proceed with this proposal. The comment was related to odour.

Ministry response:

Comments regarding odour are consistent with concerns within the ministry and as a result terms and conditions have been included. The terms and conditions do not represent all conditions in the approval, but are those related to the comment on the proposal. The terms and conditions included in the approval include:

  • Proper Operation and Maintenance
  • Implementation and Maintenance of an Odour Management Plan
  • Complaints Recording and Reporting

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 Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from February 2, 2023 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

Start the process to appeal

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
Nancy Orpana
Manager, Air Approvals

Environmental Permissions Branch
135 St. Clair Avenue West
Toronto, ON
M4V 1P5
Canada

(613) 484-2675

Proponent(s)

Miller Paving Limited
505 Miller Avenue
Markham, ON
L3R 9R8
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-2940
Ministry reference number
4224-BTKMRB

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
019-2940
Ministry reference number
4224-BTKMRB
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 8, 2021 - February 22, 2021 (45 days)

Proposal details

This proposal is to amend Environmental Compliance Approval (air & noise) No. 2204-A7VQXL for Miller Paving Limited, a hot-mix asphalt manufacturing facility located in the Town of Whitby, Regional Municipality of Durham.

This proposal is for the installation of one replacement hot-mix asphalt plant.

The sources at the facility include one drum dryer equipped with one natural gas-fired burner and one baghouse dust collector, four storage silos, five storage tanks, and materials delivery, storage, and transfer activities.

Contaminant emissions to the atmosphere include:

  • particulate matter
  • benzo(a)pyrene
  • benzene
  • nitrogen oxides
  • 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.

Comment

Commenting is now closed.

This consultation was open from January 8, 2021
to February 22, 2021

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