Re-Source Disposal Inc. - Environmental Compliance Approval (waste)

Instrument type: Environmental Compliance Approval (waste)

ERO number
019-7873
Ministry reference number
3285-CW2P8E
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
November 8, 2023 - December 23, 2023 (45 days) Closed
Last updated

This consultation was open from:
November 8, 2023
to December 23, 2023

Decision summary

This new Environmental Compliance Approval (waste disposal site) has been issued to Re-Source Disposal Inc., for a 0.35 ha (0.86 acre) site to be used as a liquid soil processing (soil washing) facility located at 354 Nash Road North, City of Hamilton, Ontario.

Location details

Site address

354 Nash Road North
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)

Re-Source Disposal Inc.
389 Kenora Avenue
Hamilton, ON
L8E 2W3
Canada

Decision details

This new Environmental Compliance Approval (waste disposal site) has been issued to Re-Source Disposal Inc., for a 0.35 ha (0.86 acre) site to be used as a liquid soil processing (soil washing) facility located at 354 Nash Road North, City of Hamilton, Ontario. The site will receive liquid soil slurry from hydro-vac vehicles from sites within Ontario and will use physical water separation to generate soil, rock and aggregate from the slurry.

The site will have a maximum daily receiving rate of 200 tonnes of liquid soil and a maximum total storage capacity of 1,000 tonnes of solids, including soil, at any one time.

Residual soil which does not meet reuse criteria will be transported and disposed of at a permitted off-site treatment or disposal facility.

Solids will be tested and reused on the property or at off-site reuse site or transferred to another waste disposal site for further processing or disposal. Separated water will be reused within the processing equipment as well as within hydro-vac vehicles for future hydro-excavation activities.

Receiving of liquid soil may take place between 7 a.m. to 10 p.m., 7 days per week. Processing activities may take place 24 hours per day, 7 days per week.

The approved waste management activities are limited to the following:

  • receipt of Liquid Soil from hydro-excavating activities;
  • processing of Liquid Soil in a wash plant to separate the soil fractions from one another and from the process wastewater;
  • management and temporary storage of the different soil fractions;
  • blending, bulking and mixing of the different soil fractions;
  • treatment of the process wastewater;
  • processing of the fines and sediment removed from the process wastewater;
  • sampling and testing of the soil fractions and treated process wastewater; and
  • transfer from the site to approved destinations

The approved soil washing is limited to the Liquid Soil that originates from hydro-excavating activities at the locations of the approved property uses that do not have a history of spills or below grade leaks and have not been or are not being used or have been used for any Potentially Contaminating Activity and that does not exceed the Contaminant concentrations set out in Table 1 from the Soil Rules.

Comments received

Through the registry

1

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

One submitted electronic comment listed concerns regarding impacts on surface water and odour emissions. The review of the proposal considered the concerns from the proposal ERO posting. The design of the approved site includes spill containment provisions to prevent any leaking of liquid soil or wastewater off-site.

The proposed incoming waste is a liquid soil with contaminant concentrations not exceeding limits in Table 1 of the Soil Rules, which are the provincial background concentrations, and considered equivalent to "clean soil". This type of soil is not expected to be odourous.

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
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 October 28, 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)

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)

Re-Source Disposal Inc.
389 Kenora Avenue
Hamilton, ON
L8E 2W3
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
019-7873
Ministry reference number
3285-CW2P8E

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
019-7873
Ministry reference number
3285-CW2P8E
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

November 8, 2023 - December 23, 2023 (45 days)

Proposal details

This proposal is for a new Environmental Compliance Approval (waste disposal site) for Re-Source Disposal Inc., the operator of a waste processing facility located at 354 Nash Road North, City of Hamilton, Ontario.

The 0.35 ha (0.86 acre) site will be used as a liquid soil processing facility. The site receives liquid soil slurry from hydro-vac vehicles from multiple sites within Ontario and solid soil is generated by physical water separation.

The site has a maximum daily receiving rate of 200 tonnes of liquid soil and a maximum total storage capacity of 1,000 tonnes of soil at any one time. Some solids in the form of aggregate or soils are tested and reused on the property, and some soil and aggregate material are recovered for recycling and for reuse at other appropriate properties.

Residual soil which does not meet reuse criteria is transported and disposed of at a permitted off-site treatment or disposal facility. Separated water is reused within the processing equipment as well as within hydro-vac vehicles for future hydro-excavation activities.

Receiving, processing, and shipping activities may take place between 7 a.m. to 7 p.m., Monday to Friday. The site also occasionally provides emergency hydro-vac services outside typical operating hours (e.g. after hours and weekends).

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 November 8, 2023
to December 23, 2023

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