Appeal of 117 Disco Road Inc. - Environmental Compliance Approval (waste)

ERO number
019-5393
Notice stage
Appeal
Appeal posted
Last updated

Appeal summary

A resident of Ontario is seeking leave to appeal the decision to issue this Environmental Compliance Approval (ECA) under section 38 of the Environmental Bill of Rights,1993.

Appeal details

This notice is given by the applicant in accordance with section 47 of the Environmental Bill of Rights, 1993. The notice was prepared by the applicant and represents its position. It does not represent or reflect the views of the Government of Ontario, nor does the Government of Ontario make any representations about the accuracy of the content of this notice.

Description of decision

The ECA approves a waste transfer site to operate at 117 Disco Road.

Ground(s) for leave to appeal

  1. The applicant has concerns about the history of compliance with the operators of this facility
  2. The applicant believes that the ministry should not have issued this approval

The grounds for the leave to appeal relate to the alleged conduct of persons involved in operating an excess soil business.

Additional details can be found on the Ontario Lands Tribunal website.

The case number is OLT-23-000341.

Supporting materials

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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.

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Contact

More information, including hearing dates and locations can be provided by the appellate body.  Additional information about the instrument appeal process, can be provided by the Ministry of the Environment, Conservation and Parks.

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

Ministry of the Environment, Conservation and Parks
Environmental Bill of Rights Office
40 St. Clair Ave. West
12th Floor
Toronto, ON
M4V 1M2

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Original decision

117 Disco Road Inc. - Environmental Compliance Approval (waste)

Instrument type: Environmental Compliance Approval (waste)

ERO number
019-5393
Ministry reference number
8425-CCUMCR
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision Appeal
Decision posted
Comment period
April 21, 2022 - June 5, 2022 (45 days) Closed
Last updated

This consultation was open from:
April 21, 2022
to June 5, 2022

Decision summary

We approved a new Environmental Compliance Approval (waste disposal site) for 117 Disco Road Inc. for the use and operation of a non-hazardous solid waste transfer facility located in Toronto, Ontario.

Location details

Site address

117 Disco Road
Etobicoke, 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)

117 Disco Road Inc.
117 Disco Road
Toronto, ON
M9W 1M3
Canada

Decision details

On April 12, 2023 we approved a new Environmental Compliance Approval (ECA) for 117 Disco Road Inc. for a waste disposal site (transfer).

The ECA approves a new waste transfer site for the receipt and transfer of non-hazardous waste limited to excess soil and soil containing construction and demolition debris (e.g. asphalt, inert fill, etc.) generated within Ontario.

All incoming waste will be unloaded, stored, handled and loaded indoors within the proposed building. Waste management activities are limited to temporary storage and mixing of soils in the indoor soil storage bunker with compartments for soil segregation.

All soil will be sent off-site for final disposal or further processing at an approved waste disposal site. No soil will be received at the site for direct reuse at a reuse site.

The site is approved to receive a maximum of 2,000 tonnes of solid non-hazardous waste per day, with a maximum storage limit of 2,000 tonnes of non-hazardous waste.

The site is approved to operate 24 hours per day, 7 days a week, unless restricted by municipal by-laws.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

No comments were received.

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 April 14, 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
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)

117 Disco Road Inc.
117 Disco Road
Toronto, ON
M9W 1M3
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
019-5393
Ministry reference number
8425-CCUMCR

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
019-5393
Ministry reference number
8425-CCUMCR
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

April 21, 2022 - June 5, 2022 (45 days)

Proposal details

This proposal is for a new Environmental Compliance Approval (waste disposal site - transfer facility) for 117 Disco Road Inc. The non-hazardous waste transfer facility is located at 117 Disco Road in Toronto, Ontario, on a site that is approximately two acres in area.

Approval is sought for the receiving and transfer of solid non-hazardous contaminated soil, including impacted asphalt, inert fill and soil-like material only. All waste received will be non-putrescible.

The source of the soil material will be from excavations related to the clean-up of residential, commercial, and municipal properties, as well as utility rights-of-way and municipal roads from the Greater Toronto Area.

The soils transported to the site will be placed on the tip floor inside the building and stored for no more than 72 hours. Contaminated soil will be loaded onto trucks and transported to licensed soil treatment facilities or landfills.

The maximum quantity of soil to be received daily will be 2,000 tonnes of dry soil. All transfer and storage will occur indoors. The maximum on-site storage capacity will be 2,800 tonnes of soil.

The service area of the operation will be from soil locations within the Province of Ontario. The hours of operation will be 24 hours per day, seven days a week, and 365 days a year.

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 April 21, 2022
to June 5, 2022

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