This consultation was open from:
August 25, 2021
to October 9, 2021
Decision summary
Two Certificates of Property Use were issued for the site. A portion of the property has different applicable site condition standards than those which apply to the remainder of the property. Therefore, the property was assessed through two separate risk assessments.
Location details
Site address
25 Dundas Street West
Belleville,
ON
K8P 3M7
Canada
Site location details
Also known as Morch Marina.
with a legal description of:
Part of Lots 6, 7 & 8 North of Water Street, Part of Lots 10 & 11 South of Water Street; Part of Ann Street (closed by RBL 135, By-Law 3766); Part of Water Street (closed by RBL 135, By-Law 3766), Registered Plan 14, Thurlow, Part of Lots A & B, Lots C & D, South of Dundas Street and West of Ann Street, Part of Lot 77, Plan Hasletts Thurlow, Part of Lots 4, 5, 6 & 7, Registered Plan 9; Part of Water Lot in front of Lot 3, Concession 1, Thurlow, designated as Part 2, Plan 21R24741, Belleville
Being Part of PIN 40477-0261
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)
Belle Harbour LP
190 Hotchkiss Street
Gravenhurst,
ON
P1P 1H6
Canada
Decision details
Two Certificates of Property Use (CPU No. RA1470-15-01) and (CPU No. RA1470-15-02) were issued for 25 Dundas Street West, Belleville, on October 19, 2021.
A portion of the property is less than 30 m from surface water and that portion has different applicable site condition standards than those which apply to the remainder of the property. Therefore, the property was assessed through two separate risk assessments.
The CPUs outline a number of risk management measures that must be undertaken on the property to prevent or minimize potential exposures to contaminants of concern identified through the completion of a risk assessments.
The required risk management measures on the property include restrictions on the use of the property:
- no potable groundwater use
- active sub-slab ventilation systems for on-site buildings
- hard cap or fill cap barriers
- a soil management plan
- a health and safety plan
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 March 1, 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:
- 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)
Belle Harbour LP
190 Hotchkiss Street
Gravenhurst,
ON
P1P 1H6
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
Bob Putzlocher
1259 Gardiners Road
Unit 3
Kingston,
ON
K7M 8S5
Canada
Original proposal
Proposal details
Refer to Part 1 of the CPU, Interpretation, for the meaning of all the defined capitalized terms that apply to the CPU.
1. CPU requirements addressed in Part 4 of the CPU, Director Requirements, are summarized as follows:
- installing/maintaining any equipment - Yes
- monitoring any contaminant - Yes
- refraining from constructing any building unless as specified - Yes
- refraining from using the Property for any use specified - Yes
- maintaining a barrier to site soils with Hard or Fill Cap - Yes
- preparing and implementing a soil management plan for the Property - Yes
- preparing and implementing a health and safety plan for the Property - Yes
2. Duration of Risk Management Measures identified in Part 4 of the CPU is summarized as follows:
- the barrier to site soils over the entirety of the Property shall be maintained for as long as the Contaminants of Concern are present on the Property
- the active sub-slab ventilation systems for on-site buildings shall be required for the Property for as long as the Contaminants of Concern are present on the Property
- the soil management plan shall be required for the Property during any Intrusive Activities for as long as the Contaminants of Concern are present on the Property
- the health and safety plan shall be required for the Property during any Intrusive Activities for as long as the Contaminants of Concern are present on the Property
- all other Risk Management Measures shall continue indefinitely until the Director alters or revokes the 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.
Comment
Commenting is now closed.
This consultation was open from August 25, 2021
to October 9, 2021
Connect with us
Contact
Bob Putzlocher
1259 Gardiners Road
Unit 3
Kingston,
ON
K7M 8S5
Canada
Comments received
Through the registry
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