GFL Environmental Inc. - Environmental Compliance Approval (waste)

Seven local businesses submitted a jointed submission listing the following concerns:

Concern about daily receipt rate increase

Ministry's response: The increase in the daily receipt rate was approved in the amended Environmental Compliance Approval (ECA) dated August 11, 2022 as it was a part of that application. August 11, 2022-ECA included conditions to prevent and/or manage the following impacts from an increased daily receipt rate: traffic, fugitive dust and mud track-out. The re-issued September 18, 2022-ECA includes the same conditions.

Concern about soil storage increase

Ministry's response: The increase in the storage capacity was approved in the amended ECA dated August 11, 2022 as it was a part of that application. August 11, 2022-ECA included conditions to prevent and/or manage fugitive dust from the storage. The re-issued September 18, 2022-ECA includes the same conditions. Specific impacts of emissions to the atmosphere are regulated under the Air/Noise ECAs.

Concern about non-compliance with the regulatory requirements

Ministry's response: Enforcement of the existing regulatory requirements for the site is out of scope for the MECP technical review of this application. The MECP local district office is responsible for ensuring compliance with the regulatory requirements, including the conditions in the ECA.

Concern about lack of effective complaint management program

Ministry's response: August 11, 2022-ECA includes Condition 10 with specific instructions and requirements to establish a comprehensive complaints management program. This is a standard condition included in waste ECAs for sites with a potential for public complaints. The re-issued September 18, 2022-ECA includes the same conditions.

Concern about increased emissions

Ministry's response: Specific impacts of emissions to the atmosphere are regulated under the Air/Noise ECAs.

General preventative measures based on waste management practices to minimize fugitive emissions from the operations at the site and from the truck traffic to and from the site were included in August 11, 2022-waste ECA. The re-issued September 18, 2022-ECA includes the same following conditions:

• Condition 4.14(2) includes a requirement to submit to the MECP a plan for performing negative pressure assessment for the soil buildings to identify ideal methodology for achieving and monitoring negative pressure in the buildings to contain the emissions in the buildings
• Condition 9.1 includes specific instructions and requirements for dust management during soil handling activities in the soil buildings, including compliance with the Best Management Practices Plan (BMPP), and its subsequent versions, subject to the District Manager's instructions and/or concurrence
• Condition 9.2 includes specific instructions and requirements to manage mud track-out from the site, including compliance with the BMPP, and its subsequent versions, subject to the district manager's instructions and/or concurrence
• Condition 9.3 includes specific instructions and requirements to manage dust on municipal roads leading to the site, including compliance with the BMPP, and its subsequent versions, subject to the district manager's instructions and/or concurrence
• Condition 9.4 includes specific instructions and requirements for covering of all vehicles entering, leaving and travelling in between the soil buildings to minimize the risk of soil spilling during transport
• Condition 9.5 includes specific instructions and requirements for vehicles arriving at the site should be filled to have an appropriate freeboard to minimize the risk of soil spilling during transport

Concern about increased truck traffic and resulting impact on public safety, local businesses and the public roads

Ministry's response: August 11, 2022-ECA included conditions to minimize traffic impact on the community. The re-issued September 18, 2022-ECA includes the same following conditions:

• Condition 9.6 prohibits queuing or parking of the soil trucks that are waiting to enter the site on any roadway that is not a distinct part of the site
• Condition 9.6 also requires that a trained personnel is directing traffic on the municipal roadway in front of the site during the operating hours to ensure that there is no soil trucks queuing on the municipal roadway
• Condition 9.6 also includes additional specific instructions and requirements to minimize truck traffic on the road and between the soil buildings

However a detailed review of the impact of the increase in truck traffic on public safety, local businesses and the public roads is out of scope for the MECP technical review of this application. The issues related to truck traffic and public safety are the municipal responsibility.

Concern about physical deterioration of the roads

Ministry's response: Assessment of deteriorating road conditions and road design is out of scope for the MECP technical review of this application. The issues related to road conditions are the municipal responsibility.

Concern about elimination of Low Temperature Thermal Desorption Unit

Ministry's response: The August 11, 2022 ECA excluded the low temperature thermal desorption unit that was initially approved in 1995 to thermally remediate contaminated soil. This equipment is a type of technology that can be used to remediate contaminated soil but the equipment has never been used at the site and GFL has no intention of ever using this technology at this location.

Concern about impact from soils from spills

Ministry's response: August 11, 2022-ECA approved receipt of impacted soils from emergency spills as it was a part of that application. August 11, 2022-ECA included conditions that the approved receipt of impacted soils from emergency spills is limited to non-hazardous waste category only and that the soil must be isolated from other soils until it is characterized. As all soil received at the site, the soil from spills will be contained in the soil buildings to minimize the risk to the local community. The re-issued September 18, 2022-ECA includes the same conditions.

Concern about inclusion of 38 and 39 Fenmar Drive locations in one ECA

Ministry's response: Inclusion of both soil buildings located at 38 and 39 Fenmar Drive locations in the site definition is within the interpretation of "site" definition in Regulation 347. The same types of operations are to be carried out in both buildings. August 11, 2022-ECA approves both properties as the site as it was a part of that application. The re-issued September 18, 2022-ECA is for the same site.