101172801 Saskatchewan Ltd. - Environmental Compliance Approval (waste)

Instrument type: Environmental Compliance Approval (waste)

ERO number
019-7945
Ministry reference number
4402-CV2JYT
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 28, 2023 - January 12, 2024 (45 days) Closed
Last updated

This consultation was open from:
November 28, 2023
to January 12, 2024

Decision summary

The approval is granted to 101172801 Saskatchewan Ltd. (Trirock Construction Limited) to operate a waste processing facility located at 5650 Highway 9 in Schomberg, West Gwillimbury, County of Simcoe, Ontario.

Location details

Site address

5650 Highway 9
Schomberg, ON
Canada

Site location map

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

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Proponent(s)

101172801 Saskatchewan Ltd.
5650 Highway 9
P.O. Box 135
Schomberg, ON
L0G 1T0
Canada

Decision details

The application has been accepted and approval is granted for the following:

  1. The approval allows the proponent to operate a waste processing facility for acceptance and processing of Liquid Soil originated in the Province of Ontario.
  2. The site can receive hydrovac slurry soil (liquid soil) from daylighting of buried utilities on municipal right-of-ways up to 128 cubic metres per day.
  3. The maximum storage capacity of 2,200 tonnes of dry soil at any one time.
  4. All dry soils are required to be sampled and chemically tested for various inorganic and organic chemicals to determine the appropriate reuse/ disposal prior to off-site shipment.
  5. The dacanted water (effluent) from the processed Liquid Soil is to be managed at the site after obtaining a section 53, Ontario Water Resource Act, approval. The Liquid Soil operations can only commence after obtaining section 53, OWRA approval.

Comments received

Through the registry

0

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

In response to ERO posting, one consolidated comment from Citizens of Huntley (sent by Paul Brenton) on January 15, 2024, was received and reviewed as noted below:

Comment: applicant has been operating its business (a hydrovac soil/slurry processing and storage operation) at this location since 2017 without the required Ministry approvals, oversight and safeguards, resulting in serious potential harm to the environment and local residents. Furthermore, this operation has continued with the knowledge of the local MECP staff. 

Response: this is an abatement issue instead of approval related matter and is deemed beyond the scope of ECA review and approval process. 

Comment: while non-conformance with Municipal zoning by-laws may not be the purview of MECP, the application requires confirmation of appropriate zoning by-law conformance. The applicant is operating without appropriate zoning and erroneously affirming it, as such, this should be of grave concern to a Ministry evaluating this applicant.

Response: As indicated in the comment, the site zoning is a municipal issue and is deemed not an MECP issue. That said, a condition is included in the permit requiring the proponent to obtain all necessary other approvals including municipal approval such as zoning conformance.

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.

Barrie District Office
Address

54 Cedar Pointe Dr
Unit 1201
Barrie, ON
L4N 5R7
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 March 7, 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)

101172801 Saskatchewan Ltd.
5650 Highway 9
P.O. Box 135
Schomberg, ON
L0G 1T0
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
019-7945
Ministry reference number
4402-CV2JYT

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
019-7945
Ministry reference number
4402-CV2JYT
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 28, 2023 - January 12, 2024 (45 days)

Proposal details

This proposal is for a new Environmental Compliance Approval (Waste Disposal Site) for 101172801 Saskatchewan Ltd. (Trirock Construction Limited), the operator of a waste processing facility located at 5650 Highway 9 in Schomberg, West Gwillimbury, County of Simcoe, Ontario.

The 0.5-hectare site will be used as a hydrovac soil processing facility and resides within a 56.7 hectare works yard. The site receives slurry from hydrovac vehicles from multiple sites in Ontario and dry 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 2,200 tonnes of soil at any one time.

All soils are tested to determine the appropriate reuse or disposal site for shipment from the facility. This would include some aggregate materials. 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 tested and managed by an on-site stormwater management system.

Receiving, processing, and shipping activities may take place between 6:00 a.m. to 7:00 p.m., Monday to Friday and 7:00 a.m. to 5:00 p.m. on Saturday. The site occasionally provides hydrovac services outside of the typical operating hours for emergency situations or short-term contract requirements (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 28, 2023
to January 12, 2024

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