GFL Environmental Inc. - Environmental Compliance Approval (waste)

Instrument type: Environmental Compliance Approval (waste)

ERO number
019-5206
Ministry reference number
9852-CCBTGS
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
March 11, 2022 - April 25, 2022 (45 days) Closed
Last updated

This consultation was open from:
March 11, 2022
to April 25, 2022

Decision summary

We issued an amendment to Environmental Compliance Approval no. A100143 that will permit GFL Environmental Inc. to temporarily receive and store waste paint and paint coatings at the 227-237 Brant St. facility in Hamilton.

Location details

Site address

227-237 Brant Street
Hamilton, ON
Canada

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 window

Proponent(s)

GFL Environmental Inc.
100 New Park Place
Suite 500
Vaughan, ON
L4K 0H9
Canada

Decision details

The operation will be approved for 515,000 L of storage. Waste will be received at the site where it will be lab-packed and stored in an area which provides secondary containment measures in the event of a spill. The proposed volume and construction of the containment area has been reviewed and approved by the ministry. Terms and conditions have been imposed in the ECA that ensure that:

  • waste storage areas are designed and constructed to meet ministry guidelines for secondary containment measures
  • all waste management activity is conducted indoors
  • a complaint response procedure is put in place
  • the operator conducts daily site inspections for potential nuisances
  • the operator conducts record keeping and reporting to the Ministry to ensure the site is in compliance with its approval
  • a spill response and emergency response plan is in place
  • staff operating the site are fully trained
  • the operation is conducted in a manner which does not pose a threat to the health and safety of the environment and public
  • financial assurance is submitted
  • the site is closed and decommissioned in an appropriate manner

The operation is approved to receive 50,000 litres of waste paint per day, and is expected to receive from one to three trucks worth of labpacked waste paint per day.

Comments received

Through the registry

1

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

The comment received through the registry notice expresses general concerns regarding potential soil and water contamination as well as potential odour impacts from the operation.

As the operation will be housed entirely indoors, there is no risk to any impairment of soil or groundwater quality. No paint cans or containers will be opened at the site, therefore there is no potential for odour impacts from the proposed waste management operation.

The ministry has ensured through the review of the application and the imposing of terms and conditions to the Environmental Compliance Act that the operation will be conducted in a manner that does not present a threat to the health and safety of the environment and/or public; and if any nuisances arise as part of the operation, that a response procedure is in place if a substantiated complaint is made.

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.

Hamilton District Office
Address

119 King Street West
Floor 9
Hamilton, ON
L8P 4Y7
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from June 10, 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)

GFL Environmental Inc.
100 New Park Place
Suite 500
Vaughan, ON
L4K 0H9
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
019-5206
Ministry reference number
9852-CCBTGS

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
019-5206
Ministry reference number
9852-CCBTGS
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

March 11, 2022 - April 25, 2022 (45 days)

Proposal details

This proposal is for an amendment to Environmental Compliance Approval (waste disposal site) No. A100143, issued for the use and operation of a transfer and processing facility for the bulking, transfer, processing and temporary storage of non-hazardous solid industrial waste (excluding asbestos), solid hazardous waste classes 145, 262, 221 and 222 (i.e. generated from spill cleanup), and liquid industrial and hazardous waste classes 122, 132, 143, 146 and 150, all serving the Province of Ontario.

The maximum storage capacity at any one time at the site is 8,000 tonnes. The site is currently permitted to operate 24 hours per day, 7 days a week.

The applicant is seeking an amendment to include the temporary (i.e. up to one year) storage of a maximum of 515,000 litres of liquid industrial and hazardous waste classes 145 and 263, limited to waste paints and coatings.

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 March 11, 2022
to April 25, 2022

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