Gerald Andrew Etmanskie - Environmental Compliance Approval (waste)

Instrument type: Environmental Compliance Approval (waste)

ERO number
019-3966
Ministry reference number
5898-BX7SHP
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
August 19, 2021 - October 3, 2021 (45 days) Closed
Last updated

This consultation was open from:
August 19, 2021
to October 3, 2021

Decision summary

The ministry issued a new Environmental Compliance Approval (waste site) for a hauled sewage disposal site as described in this notice.

Location details

Site address

3294 Wilno Road North
Madawaska Valley, ON
Canada

Site location details

Lot 4, Part Lot 5, Concession 13

Site location map

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

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Proponent(s)

Gerald Andrew Etmanskie
3115 Letterkenny Road
RR #1
Wilno, ON
K0J 2N0
Canada

Decision details

A new Environmental Compliance Approval (waste site) was issued for a hauled sewage site as described below.

Site details

  • site location: 3294 Wilno Road North, Lot 4 and Part of Lot 5, Concession 13, Township of Madawaska Valley, County of Renfrew
  • application type: renewal
  • total useable area: 6.07 hectares
  • type of disposal: surface spreading

Operational requirements

Conditions on the Environmental Compliance Approval include requirements to develop and follow spill response procedures, train staff and maintain records. The approval also includes the following operational requirements:

  • no hauled sewage shall be spread or disposed of at the site when the ground is frozen, ice-covered or snow covered
    no hauled sewage shall be spread at the site under conditions where hauled sewage may runoff or discharge from the site
  • hauled sewage cannot be spread during winter months
  • the approval sets out a maximum spreading rate
  • spreading cannot take place within specified distances of sensitive features such as surface water, wells and residences or on steeper sloped areas
  • prior to spreading of hauled sewage, the operator shall ensure the useable spreading area is clearly flagged or digitally designated to clearly identify setbacks from sensitive features and any areas where spreading is not allowed
  • no processed organic waste, grease trap waste or other waste, other than hauled sewage, shall be disposed of at the site

Other

Prior to the spreading of hauled sewage, the operator is responsible for ensuring that all necessary approvals, licences or permits that may be required from other authorities, such as the local municipality, conservation authority, NDMNRF and OMAFRA, have been acquired.

Comments received

Through the registry

0

By email

0

By mail

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.

Appeal

This instrument decision can be appealed. You have 15 days from January 11, 2022 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
Mohsen Keyvani
Manager

Environmental Assessment and Permissions Branch
135 St Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

416-432-7253

Proponent(s)

Gerald Andrew Etmanskie
3115 Letterkenny Road
RR #1
Wilno, ON
K0J 2N0
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
019-3966
Ministry reference number
5898-BX7SHP

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
019-3966
Ministry reference number
5898-BX7SHP
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

August 19, 2021 - October 3, 2021 (45 days)

Proposal details

Hauled sewage, commonly known as septage, is the waste material removed from portable toilets, sewage holding tanks and septic systems. Untreated hauled sewage from holding tanks and septic tanks may be disposed of on land in accordance with an Environmental Compliance Approval (ECA) issued under the Environmental Protection Act (EPA).

This proposal is for the issuance of an Environmental Compliance Approval for a hauled sewage disposal site.

Site details

  • application type: renewal
  • total useable area: 6.07 hectares
  • type of disposal: surface spreading

Highlights of proposed approval requirements

  • prior to operating at the site, the company shall develop written procedures covering the following:
    • procedures for reporting to the ministry, and municipal authorities as required, in the event a spill occurs at the site
    • a list of the personnel responsible for operations at the site
  • the company shall ensure that all personnel involved in the operation of this hauled sewage disposal site are aware of the requirements of this approval and are trained in Spill Prevention
  • spills of a pollutant that cause or may cause an adverse effect are to be reported to the Ministry's Spills Action Centre and the company shall take appropriate remedial action to limit the impact
  • the company must ensure that no unnecessary off-site effects, such as vermin, vectors, odour, dust, litter, noise or traffic, result from the operation of this site
  • written records must be maintained in a log book that documents daily operations as well as any spills that occur and any complaints received
  • no hauled sewage shall be spread or disposed of at the site when the ground is frozen, ice-covered or snow covered
  • no hauled sewage shall be spread at the site under conditions where hauled sewage may runoff or discharge from the site
  • hauled sewage cannot be spread during winter months
  • the approval sets out a maximum spreading rate; in addition, spreading cannot take place within specified distances of sensitive features such as surface water, wells and residences, or on steeper sloped land
  • prior to the spreading of hauled sewage, the operator shall ensure the useable spreading area is clearly flagged or digitally designated to clearly identify setbacks from sensitive features and any areas where spreading is not allowed
  • no processed organic waste, grease trap waste or other waste, other than hauled sewage, shall be disposed of at the site

Other

Prior to the spreading of hauled sewage, the operator is responsible for ensuring that all necessary approvals, licences or permits that may be required from other authorities, such as the local municipality, conservation authority, Ministry of Northern Development, Mines, Natural Resources and Forestry, and OMAFRA, have been acquired.

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 August 19, 2021
to October 3, 2021

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