North Glengarry BESS Inc. - Environmental Compliance Approval (sewage)

Instrument type: Environmental Compliance Approval (sewage)

ERO number
025-0891
Ministry reference number
3623-DJLLE2
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
August 1, 2025 - September 15, 2025 (45 days) Closed
Last updated

This consultation was open from:
August 1, 2025
to September 15, 2025

Decision summary

We have issued an Environmental Compliance Approval No. 8637-DL6J3S to North Glengarry BESS Inc. for the establishment of spill containment works and stormwater management works serving the proposed battery energy storage system (BESS) site located at 1454 Skye Road in North Glengarry, Ontario.

Location details

Site address

1454 Skye Road
North Glengarry, 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)

North Glengarry BESS Inc.
192 Spadina Avenue, Suite 506
Toronto, ON
M5T 2C2
Canada

Decision details

Installation of spill containment works for the three transformers containing approximately 3,335 litres of insulating mineral oil each, with the containment area designed to contain runoff from the 100-year storm event and any oil spill from the on-site transformers comprised of:

  • three spill containment pits for the three transformers
  • three secondary oil containment systems installed within the three containment pits
  • three 150 millimetres wick drain systems constructed below the secondary containment systems
  • one stainless steel sump pit

Establishment of stormwater management works designed to provide enhanced level of quality control, and attenuate post-development peak flows to allowable release rates for all storm events up to and including the 100-year storm event, consisting of:

  • surface and subsurface storage
  • subdrain system
  • perimeter swales

Comments received

Through the registry

13

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

Comments received were reviewed, and, where appropriate, were considered in the design of sewage works by the consultant and in the ministry’s decision whether or not to proceed with this proposal.

The commenters raised the following concerns on the proposal with ministry’s responses.

  1. For a property nearby the BESS facility site, will this runoff flow onto the property and Who to contact in the event of this occurring?

    Ministry’s response: There will be no surface water runoff onto private properties. In accordance with the Stormwater Management report, the only farm field that stormwater will discharge to is the land held by the current property owner (lessor) who is responsible for leasing the BESS site to North Glengarry BESS Inc. (lessee). There will be no stormwater discharge to any other private lands.

  2. Is there a Contingency and Emergency plan in the event of a spill from a potential approved stormwater management system or a fire? Nearby residents and farmers have not been informed of any such Plans (not by the proponent nor the Township Fire Department.

    Ministry’s response: Emergency/contingency plans have been developed and have been discussed with the North Glengarry Fire Department. Information on Contingency and Emergency planning is posted to the BESS Website at https://northglengarryenergystorage.com/wp-content/uploads/2025/07/PublicOpenHouseforNorthGlengarry…

  3. In the event of a discharge to nearby properties, will it be a significant threat to drinking well water. What safeguards are in place to prevent this from happening and who to call in such emergency?

    Ministry’s response: There is no significant threat to the drinking water supply, and the Stormwater Management System and the Containment System for the transformers are designed to prevent discharge to nearby properties. As indicated in Appendix C to the Stormwater Management Report, the North Glengarry BESS site is outside of any intake protection zones, wellhead protection areas, significant groundwater recharge areas, and vulnerable scoring areas related to groundwater. Emergency contact information for North Glengarry BESS will be clearly displayed on site signage.

  4. What level of treatment is required for the effluent to leave the site? Will there be any scheduled post rain event testing of any runoff?

    Ministry’s response: The site is required to provide enhanced level of stormwater quality control (80% TSS removal), and effluent objectives were also imposed in the approval for the spill containment works. The approval requires the Owner to conduct quarterly effluent monitoring for the site.

  5. What is the maintenance and monitoring plan as the BESS facility site is being remotely monitored in Toronto 4.5 hours away from Dunvegan?

    Ministry’s response: An emergency contact number will be prominently posted at the facility. Remote monitoring will be conducted continuously through a combination of cameras and SCADA systems, ensuring 24/7 oversight of the site. A maintenance plan for the stormwater system will be developed and submitted to the Ministry according to the approval.

  6. Local firefighters are not equipped with the specialized training, equipment and knowledge to safely combat a lithium-ion battery fire.

    Ministry’s response: The Company has been engaging with the North Glengarry Fire Department with regards to specialized training, knowledge and equipment.

  7. Some equipment has been installed at the site with no spill containment and stormwater works.

    Ministry’s response: The equipment currently installed on-site is not operational, and the facility is not yet active. Installation of the stormwater management system will be completed following the issuance of the Environmental Compliance Approval (ECA). Spill containment, firewater runoff, and contamination plans will be developed in accordance with the ECA requirements.

  8. Consultation with Mohawk Council is missing. It is required to have meaningful, documented engagement with the Mohawk Council, addressing their concerns about water, land, and treaty rights.

    Ministry’s response: The Company started consultation with Mohawk Council in October 2025 and addressed their comments/concerns. The consultation was completed the consultation in January 2026. The consultation record was submitted to the Ministry.

  9. The Company shall provide a detailed Firewater Management Plan, certified by a Professional Engineer, specifying containment capacity, treatment methods for toxic runoff, and disposal protocols to prevent contamination of local water systems.

    Ministry’s response: The Approval requires the Company to develop the plan and submit to the Ministry for compliance.

  10. The Company shall provide a detailed hydrological assessment identifying all drainage pathways, including any drain tiles, and their potential to carry contaminants to local watercourses, with specific mitigation measures.

    Ministry’s response: Hydrological conditions have been addressed in the Stormwater Management Report (Attachment 10), which was submitted as part of the Environmental Compliance Approval (ECA) documentation. There is no tile drainage in place on the BESS site, and the stormwater management system and transformer containment system are designed to minimize any interaction with tile drainage on adjacent lands. A comprehensive containment system has been installed beneath all transformers to prevent potential environmental contamination from transformer oil.

  11. The Company shall include a detailed Decommissioning Plan with financial security to ensure responsible battery recycling and site restoration.

    Ministry’s response: Decommissioning plan and financial security are not required for sewage approval application of this type of facilities.

  12. Would the setbacks be a concern with North Glengarry BESS Inc. (Compass) in obtaining an Environmental Compliance Approval?

    Ministry’s response: There is no setback-related concern for this sewage approval application.

  13. Concerns about BESS Cyber Vulnerability, National Security Risk and Cyberwarfare.

    Ministry’s response: This is not relevant to this sewage approval application.

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
Cornwall Area Office
Address

113 Amelia Street
Cornwall, ON
K6H 3P1
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from January 13, 2026 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
Neryed Ragbar
Manager (A) Priority Project Approvals

Environmental Permissions Branch
135 St Clair Avenue West
Floor 3
Toronto, ON
M4V 1P5
Canada

437-776-8348

Proponent(s)

North Glengarry BESS Inc.
192 Spadina Avenue, Suite 506
Toronto, ON
M5T 2C2
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
025-0891
Ministry reference number
3623-DJLLE2

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
025-0891
Ministry reference number
3623-DJLLE2
Notice type
Instrument
Act
Ontario Water Resources Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

August 1, 2025 - September 15, 2025 (45 days)

Proposal details

The proposal is for a new Environmental Compliance Approval (sewage) for North Glengarry BESS Inc. This application is for the approval of stormwater management works to serve a lithium-ion battery storage project site located at 1454 Skye Road, North Glengarry.

The proposed stormwater management works consist of low impact development features, consisting of low sloped grassed lined swales, subdrains, and permanent rock check dams in series with the stations surface insulation stone voids and will discharge to perimeter grassed swales and then to the farm field at the southwest of the facility.

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 August 1, 2025
to September 15, 2025

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