King & Benton Canal Bank Regeneration Lands Inc. - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-5895
Ministry reference number
7249-CH6RH3
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision Updated
Decision posted
Comment period
August 22, 2022 - October 6, 2022 (45 days) Closed
Last updated

Update Announcement

This proposal notice has been updated on February 27, 2024, to advise the public that this file/application is still under active review. The ministry is reviewing the comments it has received to date. The original proposal date and comment period have not been altered.

This consultation was open from:
August 22, 2022
to October 6, 2022

Decision summary

An Environmental Compliance Approval (air & noise) has been granted to King & Benton Canal Bank Regeneration Lands Inc., for its material recovery facility, which conducts the extraction of graphite and slag materials from the landfill area and screening of extracted material at the processing area.

Location details

Site address

65 Canal Bank Street
Welland, ON
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

King & Benton Canal Bank Regeneration Lands Inc.
65 Canal Bank Street
Welland, ON
L3B 5R8
Canada

Decision details

An Environmental Compliance Approval (air & noise) has been granted to King & Benton Canal Bank Regeneration Lands Inc., for its material recovery facility, which conducts the extraction of graphite and slag materials from the landfill area and screening of extracted material at the processing area.

The approved sources of air emissions under this approval include:

  1. Landfill Area: one excavator to load raw material into haul trucks; one material stockpile at working face of landfill.
  2. Processing Area: one excavator to load material onto screener; one screener controlled by water sprayer.
  3. Roadways: paved haul route for transportation of raw material to processing area; unpaved haul route between paved road and processing area; unpaved haul route between paved road and working face.

Contaminant emissions to the atmosphere include:

  • particulate matter
  • arsenic
  • barium
  • beryllium
  • cadmium
  • chromium
  • cobalt
  • graphite
  • iron
  • lead
  • uranium
  • vanadium

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.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from November 4, 2024 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)


Proponent(s)

King & Benton Canal Bank Regeneration Lands Inc.
65 Canal Bank Street
Welland, ON
L3B 5R8
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
019-5895
Ministry reference number
7249-CH6RH3

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
019-5895
Ministry reference number
7249-CH6RH3
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 22, 2022 - October 6, 2022 (45 days)

Proposal details

This proposal is for a Environmental Compliance Approval (air & noise) for King & Benton Canal Bank Regeneration Lands Inc., operating a landfill reclamation operation for the extraction of reclaimable material, located at 65 Canal Bank Street in the City of Welland, Ontario.

Sources at the facility include:

  • one mobile screen plant
  • 12 screened material conveyors
  • the emissions from the handling operation, roadway, and wind erosion sources

Contaminant emissions to the atmosphere include:

  • particulate matter
  • arsenic
  • barium
  • beryllium
  • cadmium
  • chromium
  • cobalt
  • graphite
  • iron
  • lead
  • uranium
  • vanadium

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 Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from August 22, 2022
to October 6, 2022

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