Belle Harbour LP - Certificate of property use

Instrument type: Certificate of property use

ERO number
019-4210
Ministry reference number
0053-9X3NWY
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 25, 2021 - October 9, 2021 (45 days) Closed
Last updated

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.

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Proponent(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

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

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:

  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
Trevor Dagilis
District Manager

Kingston District Office
1259 Gardiners Road Unit 3
PO Box 22032
Kingston, ON
K7P 3J6
Canada

613-548-6906

Proponent(s)

Belle Harbour LP
190 Hotchkiss Street
Gravenhurst, ON
P1P 1H6
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
019-4210
Ministry reference number
0053-9X3NWY

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

Phone number
Office
Drinking Water and Environmental Compliance Division - Kingston District Office
Address

1259 Gardiners Road
Unit 3
Kingston, ON
K7M 8S5
Canada

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Follow this notice

Original proposal

ERO number
019-4210
Ministry reference number
0053-9X3NWY
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 25, 2021 - October 9, 2021 (45 days)

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

Phone number
Office
Drinking Water and Environmental Compliance Division - Kingston District Office
Address

1259 Gardiners Road
Unit 3
Kingston, ON
K7M 8S5
Canada