Environmental Services Inc. - Environmental Compliance Approval (waste)

Instrument type: Environmental Compliance Approval (waste)

ERO number
019-4105
Ministry reference number
1036-C3TJAV
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 4, 2021 - September 18, 2021 (45 days) Closed
Last updated

This consultation was open from:
August 4, 2021
to September 18, 2021

Decision summary

We have issued an amended Environmental Compliance Approval No. A022108 to Environmental Services Inc. (ESI) allowing capacity increase for a temporary storage of biosolids from 500 to 1500 tonnes, subject to the submission and approval of an odour management plan by the director.

Location details

Site address

22153 King & Whittle Road
Tilbury, ON
Canada

Site location map

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

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Proponent(s)

Environmental Services Inc.
22153 King & Whittle Road
Tilbury, ON
N0P 2L0
Canada

Decision details

The approval includes the following:

  • biosolids storage capacity can increase from currently approved 500 tonnes to 1,500 tonnes at any given time, subject to the submission to and approval by the director of an odour management plan
  • the increase in biosolids storage capacity will not occur until an odour management plan is approved by the director and it is implemented by the applicant
  • there is no overall increase in the site waste storage/processing capacity
  • conditions pertaining to the soil waste processing have been updated to meet the On-site and Excess Soil Management regulation requirements

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

A neighboring property owner provided comment in response to a "Neighbor Notification" letter and an ongoing intermittent odour concerns were raised. As a result, a condition was included in the ECA requiring the applicant to prepare and submit an odour management plan to the director for review and approval. Until the odour management plan is approved by the director and implemented by the proponent, the capacity increase in biosolid storage will not proceed.

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 February 8, 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)

Environmental Services Inc.
22153 King & Whittle Road
Tilbury, ON
N0P 2L0
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
019-4105
Ministry reference number
1036-C3TJAV

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
019-4105
Ministry reference number
1036-C3TJAV
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 4, 2021 - September 18, 2021 (45 days)

Proposal details

This proposal is for an amendment to Environmental Compliance Approval (waste disposal site - transfer site) No. A022108, issued to Environmental Services Inc. (ESI), for the use and operation of a waste disposal site with a total site area of 4.50 hectares, at 22153 King and Whittle Road, Tilbury, Chatham-Kent, Ontario.

This site is used for transfer and processing of solid non-hazardous waste at a rate of 599 tonnes per day, with a total storage of 500 tonnes of biosolids. This proposal is to increase the biosolid storage limit from 500 tonnes to 1500 tonnes.

ESI serves Canada, the United States of America and countries party to the Basel Convention.

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 4, 2021
to September 18, 2021

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