Appeal of Titan Transfer Inc. - Environmental Compliance Approval (waste)

ERO number
019-6203
Notice stage
Appeal
Appeal posted
Last updated

Appeal summary

A resident of Ontario is seeking leave to appeal the decision to issue an Environmental Compliance Approval for a solid non-hazardous waste transfer station to Titan Transfer Inc..

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

 

The applicant is requesting leave to appeal the Environmental Compliance Approval (ECA No. 7744-CZRPHK) granted to Titan Transfer Inc., for their proposed facility at 2258 River Road, London, Ontario. This appeal is submitted under Section 139 of the Environmental Protection Act, motivated by serious concerns regarding the environmental implications of this facility's operation.

The applicant resides directly across from the proposed site, where the majority of the neighbourhood relies on groundwater extracted through drilled wells for our drinking water. The site’s location—on a slope leading directly to the Thames River—poses a significant risk of contaminant runoff that could affect these critical groundwater sources. Moreover, any contaminants entering the Thames River are of concern for obvious reasons. Historical incidents, such as the prolonged environmental damage caused by PCBs from Pottersburg Creek, underscore the lasting harm that pollutants can inflict on local ecosystems. The approval process seems to have insufficiently addressed these potential impacts.

The facility's operations involve handling non-hazardous waste, yet its proximity to residential areas and water bodies—including the downhill path leading directly to a culvert under River Road—greatly increases the risk of environmental contamination. This geographical and hydrological context exacerbates the potential for widespread environmental impacts from any operational failures or containment breaches.

Furthermore, the approval process appears to have lacked adequate public consultation, contradicting the principles of environmental justice and public participation. Such engagement is crucial, especially given the environmental sensitivity of the area and the community’s dependence on local groundwater sources.

Given these points, the applicant respectfully urge a comprehensive review and revocation of the Environmental Compliance Approval. A detailed environmental assessment should be conducted, with particular focus on mitigating potential risks to groundwater and the Thames River. Enhanced community consultation is also essential to ensure that local concerns are fully considered and addressed.

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

The case number is OLT-24-000447.

Supporting materials

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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

Titan Transfer Inc. - Environmental Compliance Approval (waste)

Instrument type: Environmental Compliance Approval (waste)

ERO number
019-6203
Ministry reference number
3869-CHZS48
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision Appeal Updated
Decision posted
Comment period
October 26, 2022 - December 10, 2022 (45 days) Closed
Last updated

Update Announcement

This proposal notice has been updated on February 28, 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:
October 26, 2022
to December 10, 2022

Decision summary

On March 19, 2024, we issued a new Environmental Compliance Approval (ECA) to Titan Transfer Inc. for a solid non-hazardous waste transfer station. The site is located at 2258 River Rd. in the City of London, Ontario.

Location details

Site address

2258 River Road
London, ON
Canada

Site location map

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

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Proponent(s)

Titan Transfer Inc.
2258 River Road
London, ON
N5W 6C2
Canada

Decision details

On March 19, 2024, we issued a new Environmental Compliance Approval (ECA) to Titan Transfer Inc. for a solid non-hazardous waste transfer station. The site is located at 2258 River Rd. in the City of London, Ontario.

The site will accept only solid non-hazardous waste, including demolition waste, factory and industrial waste such as packaging materials, plastics, paper, glass, and metal, as well as excess soil from municipal, industrial, commercial and institutional sources located in Ontario. No liquid waste, hazardous waste or putrescible waste will be received.

The approved waste management activities include the receipt and temporary storage of waste, and the testing, sampling, and bulking of excess soil. All waste will be received, unloaded, stored, and transferred in the building. The equipment on site includes 2 rubber tire wheel loaders.

The maximum quantity of waste to be received at the site is 2474 tonnes per day and the maximum quantity of waste to be stored at the site is 3200 tonnes.

The facility may be operational 24 hours per day, 7 days per week, unless restricted by local by-law.

Comments received

Through the registry

0

By email

0

By mail

3
View comments submitted through the registry

Effects of consultation

Concerns regarding the traffic (volume and safety) on municipal roads, and near residential areas.

Response: Traffic on municipal roads, and zoning are out-of-scope of the Environmental Compliance Approval review decision. The Environmental Compliance Approval requires that the owner shall ensures that:

  1. there is no queuing or parking of vehicles that are waiting to enter this Site on public roadways,
  2. vehicles do not drag debris from the Site onto the public roadway; and
  3. vehicles transporting any wastes from the Site are appropriately covered as they depart from the Site, so that fugitive dust or odour emissions are minimized during the transit to their destination.

Concerns about waste operations such as shredders, grinders, and compactors creating a nuisance issue in the area

Response: No shredders, grinders, or compactors were proposed. In reference to other nuisances, the conditions of the Environmental Compliance Approval require the owner to:

  1. conduct all unloading, processing, and storage of waste indoors;
  2. only receive the accepted waste types (no putrescible waste);
  3. store waste on site for a maximum of 7 days;
  4. quickly address any nuisances by including a complaint response procedure and requirements for daily inspections;
  5. monitor dust and if necessary conduct street sweeping of the on-site roads to ensure that the the access roads are free of dirt and waste;
  6. take immediate action should dust, odours, litter, vector, vermin, or rodents be a nuisance at the site

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.

London District Office (Southwest Region)
Address

733 Exeter Road
London, ON
N6E 1L3
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from April 16, 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)

Titan Transfer Inc.
2258 River Road
London, ON
N5W 6C2
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
019-6203
Ministry reference number
3869-CHZS48

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
019-6203
Ministry reference number
3869-CHZS48
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

October 26, 2022 - December 10, 2022 (45 days)

Proposal details

This proposal is for a new Environmental Compliance Approval (waste disposal site – waste transfer) for Titan Transfer Inc., for an enclosed non-hazardous solid waste transfer and processing facility.

This transfer site is a 3.2-hectare property located at 2258 River Road in the City of London, Ontario.

The facility will use a concrete pad in an enclosed structure where non-hazardous waste, consisting of industrial, commercial, and institutional waste, construction and demolition waste, and contaminated soil will be deposited and then loaded for transfer to licensed waste disposal facilities. The maximum quantity of waste delivered to the site on any given day will be 2000 tonnes.

It is proposed that the facility operate 24 hours per day, seven days per week, except for statutory holidays.

The site will service the Province of Ontario.

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 (Policy and Program Development Section)
Address

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

Comment

Commenting is now closed.

This consultation was open from October 26, 2022
to December 10, 2022

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