1000670439 Ontario Inc. - Approval of a program to prevent, reduce or control discharge

On March 5, 2020, a program approval was issued to Nortel Networks International Corporation (“NNIC”) that provided for environmental measures on lands in London, Ontario that were formerly owned by Nortel Networks Limited (the “Nortel Program Approval”):

• a property located at 811 Wilton Grove, London Ontario, currently owned by NNIC, referred to as the “Retained Lands”;
• a property located at 1477 Sise Road, London Ontario, currently owned by Nagata Auto Parts Canada Co., Ltd., referred to as the “Nagata Site”; and
• a property owned by Daimler Truckers Canada Ltd., referred to as the “Daimler Site”.

For more information on the Nortel Program Approval and these properties, see ERO posting 019-0978, a link to which is provided further below in this Notice.

Some of the work provided for in the Nortel Program Approval has been carried out and there is a proposed acquisition of one of the properties. The Director of the Ministry of the Environment, Conservation and Parks (“Ministry”) proposes to amend the Nortel Program Approval pursuant to section 11(3) of the Environmental Protection Act, R.S.O. 1990, c. E.19 (“EPA”) to account for these developments.

Retained Lands

1000670439 Ontario Inc. (“1000”) is proposing to acquire and develop the Retained Lands. As 1000 is only proposing to purchase the Retained Lands it is requesting that the Nortel Program Approval be amended, such that there be a stand-alone program approval that deals specifically with the Retained Lands (the “1000 Program Approval”) and which contains a modified work plan.

The environmental measures outlined in the proposed 1000 Program Approval consist of the Environmental Management Work Plan prepared by 1000’s consultant Fisher Engineering Limited. The measures proposed are required to address the remaining historical contamination at the Retained Lands and to bring the environmental condition of the Retained Lands to a state that is suitable for industrial/commercial redevelopment.

A brief summary of the proposed measures without limitation, are provided as follows:

• Interim site utilization and control measures/procedures including fencing the perimeter of the site and the development of site specific health and safety plans;
• Initiation of supplementary Phase 2 Environmental Site investigation(s) and monitoring/sampling of existing monitoring wells;
• Soil vapour assessment to establish current baseline and evaluate appropriate potential risk management controls;
• Additional remedial excavations and groundwater pumping to remove impacted media, where applicable;
• Screening Level Risk Assessment ("SLRA") to evaluate the potential human health and ecological risks associated with the remaining subsurface impacts;
• Based on the findings of the SLRA, develop and implement Risk Management Measures to mitigate potential risk to applicable receptors;
• Evaluate (and install where applicable) the need for barriers or measures to control the migration of existing impacts;
• Complete long term groundwater monitoring and sampling to confirm that measures taken to reduce risk and/or reduce concentrations of impact are appropriately effective.

Nagata Site

Work on the Nagata Site has not yet been completed. The Ministry is proposing to amend the Nortel Program Approval to provide for a separate program approval that would address the work on the Nagata Site (the “Nagata Program Approval”). The proposed Nagata Program Approval would contain the same work program that existed for the Nagata Site under the Nortel Program Approval, namely the implementation of the work required by Provincial Officer’s Order No. 62777-AWLJL6, issued to Nagata Auto Parts Canada Co., Ltd., dated March 8, 2018.

Daimler Site

Work on the Daimler Site was undertaken to the Ministry’s satisfaction and that work is no longer necessary to include in a program. As a result, the Ministry proposes to remove that work from the program.

Financial Assurance

Financial assurance is currently held by the Ministry pursuant to section 132 of the EPA for the performance of the actions specified in the Nortel Program Approval (the “Financial Assurance”). As part of the proposed amendment, the Financial Assurance would be apportioned between the 1000 Program Approval and the Nagata Program Approval in a manner that would reflect the costs of the respective programs. The Ministry is proposing to allow each of 1000 and Nagata to request the release of the relevant financial assurance upon completing the prescribed work.

The Ministry intends that the proposed amendments be made in the event that 1000’s purchase of the Retained Lands occurs.