Comtran Properties Inc. - Certificate of property use

Public consultation on proposed Certificate of Property Use 2484-DJ2J3K (the CPU) was provided through the Environmental Registry of Ontario (ERO) for 45 days; from September 24, 2025, to November 8, 2025. As a result of this public consultation, the Director received one submission from the City of Guelph (the City) dated Friday November 7, 2025. In order to fully consider the City’s comments prior to finalizing the CPU the Director requested clarification from the City via email on December 12, 2025. Subsequently, clarification was provided to the Director by the City via email on December 17, 2025.

After considering the City’s comments as well as the additional clarification that was provided on December 17, 2025, and consultation with ministry technical staff, no changes to the proposed CPU were found to be necessary.

For ease of reference, the rationale for the Director’s decision is provided below for each of the City’s comments:

Director’s Rationale for Comment No. 1:

The ministry recognizes that the City’s off-line municipal drinking water well (the Sacco Well) is located within 380 m southeast of the Property and that the City’s 2022 Water Supply Master Plan states that this well will be reinstated once the groundwater contamination in the area has been remediated or treatment becomes financially viable.

In this case, the Property owner voluntarily completed a risk assessment to ensure that human and ecological receptors will be protected for the continued industrial and commercial use of the Property. The risk assessment was accepted by the Director on May 22, 2025, and will support the owner filling a record of site condition (RSC) for the Property.

Based upon the information the ministry has reviewed for the Property, groundwater impacted by trichloroethylene (TCE) is not migrating off the Property at concentrations that will cause or are likely to cause an adverse effect. Further, the owner of the Property has been carrying our necessary actions since TCE impacted groundwater was first identified in 2004. Regarding the migration of impacted groundwater off-site that may potentially cause an adverse effect in the future, ministry officials have authority to use a variety of regulatory compliance and enforcement tools to address potential adverse effects off-site if those circumstances arise.

The selection of the appropriate tool is guided in part by Ontario’s Environmental Compliance Policy, on a case-by-case basis, and may be voluntary or mandatory in nature.

Director’s Rationale for Comment No. 2

A groundwater collection and treatment system was installed and commissioned in April 2005 and operates pursuant to several ministry environmental compliance approvals (ECAs). Ministry legislation requires that this system is operated in accordance with the terms and conditions of the applicable approvals.

Given the good compliance history of the owner, coupled with the fact that the system has been and continues to be operating under several existing approvals, incorporating a requirement to operate the groundwater collection and treatment system into the CPU is duplicative and not warranted at this time.

If the situation changes, Section 6.1 of the CPU requires the owner to notify the ministry in the event of any change in the physical site conditions or receptor characteristics at the Property that may affect the risk management measures (RMMs) and/or the underlying basis for the RMMs, and the steps taken to implement, maintain, and operate any further RMMs as may be necessary to prevent, eliminate or ameliorate any adverse effect.

As noted above, ministry officials can take appropriate regulatory compliance and enforcement actions to address any potential offsite migration of contaminants that may cause an adverse effect.

Should the owner of the Property wish to terminate the operation of the groundwater collection and treatment system, the owner will need to request that the existing ECAs are amended or revoked. Any such request would require the submission of supporting documentation, prepared by a qualified person, that indicates that the system is no longer necessary to mitigate impacted groundwater from migrating off-site at concentrations that could cause an adverse effect and include adequate confirmatory monitoring, along with a contingency plan, as may be necessary.