Update Announcement
This proposal notice has been updated on October 28, 2022 to advise the public that this file is still under active review. The ministry is reviewing the comments it has received to date. The original proposal date and comment period have not been altered.
This consultation was open from:
April 14, 2021
to May 29, 2021
Decision summary
The ministry issued a Certificate of Property Use to The Municipality of Central Elgin for their Port Stanley Harbour Lands, specifically the East Pier South located in Port Stanley, Ontario.
Location details
Site address
Port Stanley Harbour Lands – East Pier South
Port Stnaley,
ON
Canada
Site location details
Port Stanley Harbour Lands – East Pier South
A legal description as follows:
Part of property identification number (PIN) 35253-0218 (LT), Part of the Bed of Kettle Creek and Part of the Bed of Lake Erie, lots 18, 19, 20, w/s Main St Plan 49, lots a, 1, 2, 3, 4 & 5 e/s Main St, Part of Lot 6 e/s Main St Plan 49, Part of Lot 1 Con 1 Yarmouth , part Water St, & George St, Plan 49, closed by ps4666 and ps4665, Part of Lots 1, 2, 3, 4, 5 w/s Water St, lots 4, 5s/s George St, lots 4, 5 n/s Smith St Plan 49 Part of Lot 1 Con 1 Yarmouth lying n of Smith St Plan 49, Part of Lots 23, 24, 25, e/s Beach St Plan 49, part lot 1 Con 1 Yarmouth lying s of Smith St Plan 49, Part of Lot y Plan 49, Part of the Bed of Kettle Creek west of lot y west of main street Plan 49, designated as parts 1 & 5, 11r8330, part 1, 11r625, part 2, 11r9271, parts 5 & 6, 11r8076 and part 2, 11r7413; t/w easements as in e161986, ps7812, e114964, ps7608, e255785, ps7853, ps7611, ps7681, ps7607, ps7689, e108619; s/t & t/w e444600; s/t e444601; Municipality of Central Elgin, being identified as property 4 on Plan of survey by Holstead & Redmond Ltd., dated December 17, 2010.
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)
The Municipality of Central Elgin
450 Sunset Drive
St. Thomas,
ON
N5R 5V1
Canada
Decision details
On July 28, 2023, we issued Certificate of Property Use (CPU) No. 7688-BSLNSF03 to The Municipality of Central Elgin, who is the current owner of the property. The CPU requires the owner to implement risk management measures at Port Stanley Harbour Lands, specifically the East Pier South located in Port Stanley, Ontario (property) to prevent or minimize potential exposures to contaminants of concern (CoC) present on the property, including:
The key RMMs specified in Part 4 of the CPU include, but are not limited to:
- installing, inspecting and maintaining hard cap and fill cap barriers on the property as per Sections 4.2 a) of the attached CPU
- implementing a soil and groundwater management plan during any intrusive activities undertaken on the property potentially in contact with Contaminants of Concern (COCs) in soil and/or groundwater that have been identified in the RA at concentrations that exceed the applicable site condition standards for soil and groundwater as per Section 4.2 b) of the attached CPU
- implementing a health and safety plan during any intrusive activities undertaken on the property potentially in contact with COCs in soil and groundwater that have been identified in the RA at concentrations that exceed the applicable site condition standards as per Item 4.2 d) of this CPU
- restriction on building construction/elements as per Sections 4.2 e) of the attached CPU
- implementing a surface water monitoring program as per Section 4.2 f) of the attached CPU
- prepare an annual report documenting activities related to the risk management measures as per Section 4.2 g) of the attached CPU
- prohibiting the use of groundwater in on or under the property as per Section 4.3 of the attached CPU
- registering a certificate 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 as per Sections 4.6 and 4.7 of the attached CPU
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.
733 Exeter Road
London,
ON
N6E 1L3
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from August 15, 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:
- 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)
The Municipality of Central Elgin
450 Sunset Drive
St. Thomas,
ON
N5R 5V1
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
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
Todd Fleet
733 Exeter Road
London,
ON
N6E 1L3
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 residential/parkland/institutional property use defined by O. Reg. 153/04.
Our review of the risk assessment involved the following reports, documents and information/correspondence:
- Risk Assessment and Risk Management Plan, Port Stanley Harbour, Port Stanley, Ontario” by CH2MHill, dated December 2010
- “Revised Risk Assessment and Risk Management Plan for Port Stanley Harbour, Port Stanley, Ontario”, prepared by Decommissioning Consulting Services, dated March 2014 (Volume I: Text and Appendices; Volume II: Tables, Figures and Drawings)
- “Revised Risk Assessment and Risk Management Plan for Port Stanley Harbour, Port Stanley, Ontario”, prepared by Arcadis Canada Inc., dated June 2015 (Volume I: Text and Appendices; Volume II: Tables, Figures and Drawings)
- “Revised Risk Assessment and Risk Management Plan for Port Stanley Harbour, Port Stanley, Ontario”, prepared by Arcadis Canada Inc., dated November 18, 2016 (Volume I: Text and Appendices, Volume II: Tables and Figures and Volume III: Drawings)
- “Revised Risk Assessment and Risk Management Plan for Port Stanley Harbour, Port Stanley, Ontario”, prepared by Arcadis Canada Inc., dated November 2017
- “LNAPL Remediation and Contract Supervision – West Pier, Port Stanley Harbour” prepared by Arcadis Canada Inc., dated November 10, 2017
- Revised Risk Assessment Report for Port Stanley Harbour, Port Stanley, Ontario, prepared by Arcadis, dated November 30, 2018 (Volume1 – RA Text and Appendices)
- Appendix G: Revised Risk Assessment Report for Port Stanley Harbour, Port Stanley, Ontario report prepared by Arcadis Canada Inc., dated January 24, 2018
- Revised Risk Assessment and Risk Management Plan for Port Stanley Harbour, Port Stanley, Ontario, (Volumes 1-5) report prepared by Arcadis Canada Inc., dated October 11, 2019
- “RE: Reference Number 6644-7TYQPT Port Stanley Risk Assessment – Figures” e-mail from Jennifer Kirk, Arcadis Canada Inc., e-mail received by TASDB on December 2, 2019, with the following attachment: 351654 Fnl-EPN-CSM_Sept 2019.pdf
- “RE: Reference Number 6644-7TYQPT Port Stanley Risk Assessment – Figures” e-mail from Jennifer Kirk, Arcadis Canada Inc., e-mail received by TASDB on December 2, 2019, with the following attachment: 351654 Fnl-EHL-CSM_Sept 2019.pdf
- “RE: Reference Number 6644-7TYQPT Port Stanley Risk Assessment – Figures” e-mail from Jennifer Kirk, Arcadis Canada Inc., e-mail received by TASDB on December 2, 2019, with the following attachment: 351654 Fnl-EPS-CSM_Sept 2019.pdf
- “RE: Reference Number 6644-7TYQPT Port Stanley Risk Assessment – Figures” e-mail from Jennifer Kirk, Arcadis Canada Inc., e-mail received by TASDB on December 2, 2019, with the following attachment: 351654 Fnl-WP-CSM_Sept 2019.pdf
- “RE: Risk Assessment for Port Stanley Harbour, Port Stanley; RA1064-09e; IDS#6644-7TYQPT” e-mail from Jennifer Kirk, Arcadis Canada Inc., e-mail received by Todd Fleet, P.Eng., MECP, on May 26, 2020, with the following attachment: 351654-005 Ph II ESA-2018-Rev May 2020-WP_Post Remediation-sections-Fnl-10A-INORG
- “RE: Risk Assessment for Port Stanley Harbour, Port Stanley; RA1064-09e; IDS#6644-7TYQPT” e-mail from Jennifer Kirk, Arcadis Canada Inc., e-mail received by Todd Fleet, P.Eng., MECP, on May 26, 2020, with the following attachment: 351654-005 Ph II ESA-2018-Rev May 2020-WP-Post Remediation-Fnl-10 Soil-Inorg
- “RE: Risk Assessment for Port Stanley Harbour, Port Stanley; RA1064-09e; IDS#6644-7TYQPT” e-mail from Inge van Kemenade, Arcadis Canada Inc., e-mail received by Todd Fleet, P.Eng., MECP, on July 24, 2020, with information related to drawings numbered ELH-15 and ELH-15b
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 6644-7TYQPT relating to the property in accordance with section 168.5 of the Act on September 1, 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 7688-BSLNSF03 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.
Comment
Commenting is now closed.
This consultation was open from April 14, 2021
to May 29, 2021
Connect with us
Contact
Todd Fleet
733 Exeter Road
London,
ON
N6E 1L3
Canada
Comments received
Through the registry
0By email
0By mail
0