Pioneer Construction Inc. - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-5097
Ministry reference number
3804-CBMP6J
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
February 17, 2022 - April 3, 2022 (45 days) Closed
Last updated

This consultation was open from:
February 17, 2022
to April 3, 2022

Decision summary

An amended Environmental Compliance Approval (air & noise) has been issued to Pioneer Construction Inc. for the operation of a mobile hot mix asphalt plant for road paving operations.

Location details

Site address

Mobile Facility
ON
Canada

Proponent(s)

Pioneer Construction Inc.
1 Ceasar Road
Sudbury, ON
P3E 5P3
Canada

Decision details

An amended Environmental Compliance Approval (air & noise) has been issued to Pioneer Construction Inc. for the operation of a mobile hot mix asphalt plant for road paving operations. The equipment is used to process aggregate and recycled asphalt throughout the Province of Ontario and can potentially operate:

  • 24 hours per day
  • seven days per week
  • 52 weeks per year

This decision is to allow for the use of alternate fuels, including compressed natural gas and propane to operate the drum mixer.

Contaminant emissions to the air from this facility include:

  • benzo(a)pyrene
  • particulate matter
  • crystalline silica
  • lead
  • nitrogen oxides
  • other products of combustion

Comments received

Through the registry

1

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

Comment received was reviewed and, where appropriate, was considered in the ministry’s decision whether or not to proceed with this proposal.

In this case, the comment is consistent with concerns within the ministry, and as a result terms and conditions were added. These terms and conditions do not represent all conditions in the approval, but are those related to the comment on the proposal.

Comments stated/summary

Please pay attention to its job site distance to public and other land uses, and ensure public health protected according to laws.

Ministry response

  • It is the basic principle of the Ministry of the Environment, Conservation and Parks (“Ministry”) to protect and safeguard the human health and natural environment in the province of Ontario.
  • The Environmental Protection Act (EPA) and associated Regulation 419/05 (Reg. 419) and guidelines for air and noise are intended to protect public health/ safety and the natural environment against adverse effects from local sources of air emissions.
  • The review conducted by the ministry assessed the air and noise impacts of the proposed activity to determine compliance with all applicable air emission requirements under section 9 of the EPA, Regulation 419/05 (Reg. 419) and associated guidelines for air and noise.
  • The applicant has demonstrated compliance of the facility with all applicable air emission requirements of the Environmental Protection Act (EPA), Regulation 419/05 (Reg. 419) and associated guidelines for air and noise.
  • The conditions related to air emissions imposed through the ECA will further safeguard public health and natural environment, which require that the owner/operator maintain their operations, report any non-compliance and take immediate action to safeguard the environment should it be required. The following terms and conditions have been included in the approval to address the concerns:
  1. Operation and Maintenance Conditions to require the proponent to properly operate and maintain the facility.
  2. Minimum Separation Distance Conditions, to require the company maintain the minimum separation distances between the Plant and the nearest Sensitive Receptor/ and nearest Point of Reception.
  3. Fugitive Dust Control Conditions.
  4. Documentation and Record Retention Conditions.
  5. Complaints Response Conditions.

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.

Client Services and Permissions Branch
Address

135 St. Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from January 19, 2023 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

Start the process to appeal

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
Nancy Orpana
Manager, Air Approvals

Environmental Permissions Branch
135 St. Clair Avenue West
Toronto, ON
M4V 1P5
Canada

(613) 484-2675

Proponent(s)

Pioneer Construction Inc.
1 Ceasar Road
Sudbury, ON
P3E 5P3
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-5097
Ministry reference number
3804-CBMP6J

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
019-5097
Ministry reference number
3804-CBMP6J
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

February 17, 2022 - April 3, 2022 (45 days)

Proposal details

This proposal is for an amendment to Environmental Compliance Approval (air & noise) No. 8-5030-95-006 for Pioneer Construction Inc. for the operation of a mobile hot mix asphalt plant for road paving operations.

The equipment is used to process aggregate and recycled asphalt throughout the Province of Ontario, and can potentially operate:

  • 24 hours per day
  • 7 days per week
  • 52 weeks per year

This proposal is to allow for the use of alternate fuels including compressed natural gas and propane to operate the drum mixer.

Contaminant emissions to the air from this facility include:

  • benzo(a)pyrene
  • particulate matter
  • crystalline silica
  • lead
  • nitrogen oxides and other products of combustion

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 February 17, 2022
to April 3, 2022

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