Appeal of 9129-6509 Québec Inc. - Environmental Compliance Approval (waste)

ERO number
019-8483
Notice stage
Appeal
Appeal posted
Last updated
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Appeal summary

A resident of Ontario is seeking leave to appeal this decision.

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.

A resident of Ontario is seeking leave to appeal the decision to renew Environmental Compliance Approval (ECA) 7047-CSYKLU. The applicant contends that the decision to issue the approval was based on inaccurate and misleading information.

Supporting materials

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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.

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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

9129-6509 Québec Inc. - Environmental Compliance Approval (waste)

Instrument type: Environmental Compliance Approval (waste)

ERO number
019-8483
Ministry reference number
7462-D3HP58
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision Appeal
Decision posted
Comment period
April 9, 2024 - May 24, 2024 (45 days) Closed
Last updated

This consultation was open from:
April 9, 2024
to May 24, 2024

Follow this notice

Decision summary

The ministry renewed an Environmental Compliance Approval (waste site) for a hauled sewage disposal site as described in this notice.

Location details

Site address

145003 Hilliardton Road
Armstrong, ON
Canada

Site location map

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

View this location on a map opens link in a new window

Proponent(s)

9129-6509 Québec Inc.
8 Rang 3 Est
Notre Dame du Nord, QC
J0Z 3B0
Canada

Decision details

A renewed Environmental Compliance Approval (waste site) was issued for a hauled sewage site as described below.

Site details

  • site location: 145003 Hilliardton Road, Township of Armstrong, District of Timiskaming
  • application type: renewal
  • total useable area: 19.6 hectares
  • type of disposal: surface spreading

Operational requirements

Conditions on the Environmental Compliance Approval include requirements to develop and follow spill response procedures, train staff and maintain records. The approval also includes the following operational requirements:

  • no hauled sewage shall be spread or disposed of at the site when the ground is frozen, ice-covered or snow covered
  • no hauled sewage shall be spread at the site under conditions where hauled sewage may runoff or discharge from the site
  • hauled sewage cannot be spread during winter months
  • the approval sets out a maximum spreading rate
  • spreading cannot take place within specified distances of sensitive features such as surface water, wells and residences or on steeper sloped areas
  • prior to spreading of hauled sewage, the operator shall ensure the useable spreading area is clearly flagged or digitally designated to clearly identify setbacks from sensitive features and any areas where spreading is not allowed
  • no processed organic waste, grease trap waste or other waste, other than hauled sewage, shall be disposed of at the site
  • no hauled sewage shall be spread when rainfall is occurring, threatening, forecast or when precipitation is forecast within 24 hours
  • no hauled sewage shall be spread when high wind is threatening, or during windy conditions with wind speeds of 20 kilometres or more per hour
  • the approval sets out a minimum setback distance from any known tile inlet or outlet locations
  • the approval sets out actions to monitor tile outlets before and during spreading events, requiring the ECA holder to immediately cease spreading if discharge is occurring and report the incident to the District Manager
  • hauled sewage shall be immediately incorporated or injected into the soil upon its application, or the soil shall be pre-tilled within 48 hours prior
  • prior to spreading of hauled sewage, the operator shall notify the local District Manager in writing at least one business day in advance of any proposed spreading event
  • the approval sets out actions to maintain written records of weather conditions, tile drain statuses, and GPS confirmation of spreading within the useable area, which shall be submitted to the District Manager within one week of each spreading event
  • the approval sets out actions to maintain written records of all crops harvested from the spreading area, a list of personnel involved at the site and any training received

Other

Prior to the spreading of hauled sewage, the operator is responsible for ensuring that all necessary approvals, licences or permits that may be required from other authorities, such as the local municipality, conservation authority, & MNRF and OMAFRA, have been acquired.

Comments received

Through the registry

9

By email

6

By mail

0
View comments submitted through the registry

Effects of consultation

The Ministry has reviewed and considered all comments received for the proposal during its review.
The information below summarizes the public's comments received and how we considered and addressed them as part of our decision:

Comment:

The public expressed concerns about the late delivery of neighbour notification.

Ministry response:

Public consultation is an important aspect of the hauled sewage program and helps inform our decision-making on an ECA application. All hauled sewage disposal site ECA applications are posted to the Environmental Registry of Ontario for a 45-day public comment period and require neighbour notification to notify adjacent property owners who may be impacted by the issuance of an ECA. As part of the technical review process, the Ministry reviews hauled sewage applications to ensure that proper notification is provided to neighbours in accordance with the requirements. All comments received through the neighbour notification and the Environmental Registry of Ontario are considered during the Ministry’s technical review.

Comment:

The public expressed concerns about an on-site lagoon located on the property.

Ministry response:

This application is for the renewal of ECA Number 7047-C5YKLU for the hauled sewage spreading site and does not include the on-site lagoon, which was approved under ECA Number 2758-C76MJA. This is outside the scope of this review.

Comment:

The public expressed concerns about the company following mandated requirements and adhering to the terms and conditions set out in the ECA.

Ministry response:

The ECA sets out terms and conditions restricting how operations at the site must take place in accordance with Ministry standards, which are in place to protect human health and the environment. The Ministry conducts inspections at approved sites to assess and ensure the proponent operates the site in compliance with the Ministry’s applicable regulatory requirements, including the terms and conditions of the ECA. The Ministry has risk-based compliance tools to address instances of non-compliance.

Comment:

The public expressed concerns around local physical features and community uses, as well as impacts on the environment including:

  • nearby residences and wells
  • impact and safety of drinking water
  • odour
  • human health
  • soil conditions
  • quality of life
  • local topography and geologic features

Ministry response:

The management of untreated hauled sewage is regulated under the Environmental Protection Act and proposed hauled sewage disposal activities are considered by the Ministry on a case-by-case basis to ensure protection of the environment and public. As part of this review, the Ministry considered local site conditions, including characteristics of the soil, depth to water table and bedrock, slope of the land and distance to nearby sensitive features (such as surface water features, drinking water wells, and residences). The Ministry will only issue an Environmental Compliance Approval (ECA) where local site conditions are considered suitable, and the Ministry’s requirements are met. The ECA sets out terms and conditions restricting on how operations at the site must take place to ensure the activities meet the Ministry standards that are in place to protect human health and the environment. In addition to including standard terms and conditions in the ECA, site-specific terms and conditions were included to address these concerns.

Comment:

The public expressed concerns regarding the site’s compliance with municipal by-laws and other jurisdictional requirements including zoning.

Ministry response:

The Ministry considers site-specific parameters when reviewing hauled sewage applications in accordance with Ministry standards. Ministry standards may vary from municipal by-laws and other jurisdictional requirements. The issuance of the ECA does not relieve the proponent from meeting any applicable by-laws, provincial, and federal requirements, where applicable.

Comment:

The public proposes disposing hauled sewage waste at municipal wastewater treatment facilities.

Ministry response:

Hauled sewage disposal sites are intended to supplement municipal wastewater treatment capacity. There are various options available for the management of hauled sewage in Ontario, including land application.

Comment:

The public expressed concerns around the harvesting of crops less than 12 months after a hauled sewage spreading event.

Ministry response:

The ECA contains terms and conditions stipulating the minimum conditions and wait times between the application of hauled sewage and the harvesting of crops or grazing of livestock. This is to ensure that there is an adequate time lapse between the use of an area for disposal of Hauled Sewage and the use of the area for the specified land uses so that animals and harvest crops are not exposed to residual substances of concern associated with the Hauled Sewage disposal. In addition to including standard terms and conditions in the ECA, site-specific terms and conditions were included to address comments.

Comment:

The public expressed concerns regarding drainage tiles located on the site.

Ministry response:

As part of this review, the Ministry considered local site conditions, including the presence of tile drainage. The Ministry will only issue an Environmental Compliance Approval (ECA) where local site conditions are considered suitable, and the Ministry’s requirements are met. The ECA sets out terms and conditions restricting on how operations at the site must take place to ensure the activities meet the Ministry standards that are in place to protect human health and the environment. In addition to including standard terms and conditions in the ECA, site-specific terms and conditions were included to address these concerns.

Comment:

The public expressed concerns regarding past spills reported at the site.

Ministry response:

The ECA sets out terms and conditions restricting on how operations at the site must take place to ensure the activities meet the Ministry standards that are in place to protect human health and the environment. The Ministry also conducts inspections at approved sites to assess and ensure the proponent operates the site in compliance with the Ministry’s applicable regulatory requirements, including the terms and conditions of the ECA. The Ministry has risk-based compliance tools to address instances of non-compliance.

Supporting materials

Related filesClick to Expand Accordion
 
ECA NO. 7047-C5YKLU.pdf
pdf 324.48 KB

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
416-314-8001 or 1-800-461-6290

How to Appeal

This instrument decision can be appealed. You have 15 days from April 17, 2025 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)

9129-6509 Québec Inc.
8 Rang 3 Est
Notre Dame du Nord, QC
J0Z 3B0
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
019-8483
Ministry reference number
7462-D3HP58

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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Follow this notice

Original proposal

ERO number
019-8483
Ministry reference number
7462-D3HP58
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

April 9, 2024 - May 24, 2024 (45 days)

Proposal details

Hauled sewage, commonly known as septage, is the waste material removed from portable toilets, sewage holding tanks and septic systems. Untreated hauled sewage from holding tanks and septic tanks may be disposed of on land in accordance with an Environmental Compliance Approval (ECA) issued under the Environmental Protection Act (EPA).

This proposal is for the issuance of an Environmental Compliance Approval for a hauled sewage disposal site.

Site details

  • application type: renewal
  • total useable area: 20.25 hectares
  • type of disposal: surface spreading

Highlights of proposed approval requirements

  • prior to operating at the site, the company shall develop written procedures covering the following:
    • procedures for reporting to the ministry, and municipal authorities as required in the event a spill occurs at the sit
    • a list of the personnel responsible for operations at the site
  • the company shall ensure that all personnel involved in the operation of this hauled sewage disposal site are aware of the requirements of this approval and are trained in Spill Prevention
  • spills of a pollutant that cause or may cause an adverse effect are to be reported to the Ministry's Spills Action Centre and the company shall take appropriate remedial action to limit the impact
  • the company must ensure that no unnecessary off-site effects, such as vermin, vectors, odour, dust, litter, noise or traffic, result from the operation of this site
  • written records must be maintained in a log book that documents daily operations as well as any spills that occur and any complaints received
  • no hauled sewage shall be spread or disposed of at the site when the ground is frozen, ice-covered or snow covered
  • no hauled sewage shall be spread at the site under conditions where hauled sewage may runoff or discharge from the site
  • hauled sewage cannot be spread during winter months
  • The approval sets out a maximum spreading rate; in addition, spreading cannot take place within specified distances of sensitive features such as surface water, wells and residences, or on steeper sloped land
  • prior to the spreading of hauled sewage, the operator shall ensure the useable spreading area is clearly flagged or digitally designated to clearly identify setbacks from sensitive features and any areas where spreading is not allowed
  • no processed organic waste, grease trap waste or other waste, other than hauled sewage, shall be disposed of at the site

Other

Prior to the spreading of hauled sewage, the operator is responsible for ensuring that all necessary approvals, licences or permits that may be required from other authorities, such as the local municipality, conservation authority, MNRF and OMAFRA, have been acquired.

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
416-314-8001 or 1-800-461-6290

Comment

Commenting is now closed.

This consultation was open from April 9, 2024
to May 24, 2024

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