Canadian National Railway Company - Environmental Compliance Approval (sewage)

Instrument type: Environmental Compliance Approval (sewage)

ERO number
019-6086
Ministry reference number
0515-CH8M2B
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
September 29, 2022 - November 13, 2022 (45 days) Closed
Last updated

This consultation was open from:
September 29, 2022
to November 13, 2022

Decision summary

The ministry has amended existing Environmental Compliance Approval No. 1069-95AQPW (industrial sewage) issued to the Canadian National Railway Company, for the establishment of additional stormwater management works, in support of proposed CN Stuart Rail Yard drainage improvements - Phase 1; located at 220 Harbour Front Drive in Hamilton.

Location details

Site address

220 Harbour Front Drive
Hamilton, ON
Canada

Site location map

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

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Proponent(s)

Canadian National Railway Company
220 Harbour Front Drive
Hamilton, ON
L8R 2W6
Canada

Decision details

The ministry has amended existing Environmental Compliance Approval No. 1069-95AQPW (industrial sewage) issued to the Canadian National Railway Company, for the establishment of additional stormwater management works, in support of proposed CN Stuart Rail Yard drainage improvements - Phase 1; located at 220 Harbour Front Drive in the City of Hamilton.

The approved stormwater management works include storm sewers and an oil and grit separator unit for quality control, along with an emergency shutoff valve, discharging to Lake Ontario.

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 November 24, 2022 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
Fariha Pannu
Manager

Environmental Assessment and Permissions Branch
1st Floor, 135 St Clair Ave W
Toronto, ON
M4V 1P5
Canada

416-314-7092

Proponent(s)

Canadian National Railway Company
220 Harbour Front Drive
Hamilton, ON
L8R 2W6
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
019-6086
Ministry reference number
0515-CH8M2B

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
019-6086
Ministry reference number
0515-CH8M2B
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

September 29, 2022 - November 13, 2022 (45 days)

Proposal details

This proposal is for a new Environmental Compliance Approval (industrial sewage) to be issued to Canadian National Railway Company, for the establishment of sewage works, in support of the proposed CN Stuart Yard drainage improvements - Phase 1; for the management of stormwater runoff from a site located at 220 Harbour Front Drive, in the City of Hamilton, Ontario.

The stormwater management works include storm sewers, a new outfall and an oil and grit separator unit for quality control, discharging to Lake Ontario, within the Hamilton Watershed.

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

Comment

Commenting is now closed.

This consultation was open from September 29, 2022
to November 13, 2022

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