This notice is about a decision that was not subject to the normal consultation process. Learn more about the types of notices on the Environmental Registry of Ontario.
Location details
Site address
3752 Netherby Road
Fort Erie,
ON
L0S 1S0
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 windowProponent details
1000421099 Ontario Inc. (operating as The Commercial Roadhouse)
3752 Netherby Road
Fort Erie,
ON
L0S 1S0
Canada
Why consultation isn't required
The ministry has relied on section 29 of the Environmental Bill of Rights, 1993 (EBR), as it is the Director’s opinion that the delay in giving notice to the public of the proposal for the instrument, allowing for public participation, and in considering the response to the notice would have resulted in:
- Danger to the health and safety of any person.
- Harm or serious risk of harm to the environment; or
- Injury or damage or serious risk of injury or damage to any property.
The ministry is posting this exception notice to give notice of its decision to rely on section 29 of the EBR.
Exception details
A new Environmental Compliance Approval (number 7910-DS5NP3) was issued to 1000421099 Ontario Inc. on April 20, 2026, for sewage works for the temporary storage and disposal of sanitary sewage, to serve a commercial building located at 3752 Netherby Road, Stevensville Town of Fort Erie, Regional Municipality of Niagara.
It was the opinion of the director that posting the proposed instrument for public comments would have resulted in danger to the health or safety of any person interacting with the commercial site, harm or serious risk of harm to the environment, and injury or damage or serious risk of injury or damage to the property, as outlined below:
- The existing septic tile bed serving the commercial facility was failing, with sewage breaking out at the ground surface and runoff entering a nearby municipal drain. Sewage was visually evident in the drain, and odours and staining indicated possible overflow from the septic distribution box
- This condition was determined to be an environmental adverse effect requiring immediate remediation. The existing septic system was likely undersized for current site activities and sewage flows
- A temporary holding tank is required to immediately stop sewage discharges and prevent further environmental impacts. The existing septic tank and pump chamber on site will be converted to a temporary holding tank and will be an interim solution while the owner works with their consultant on a long‑term wastewater servicing plan
- An Environmental Registry (EBR) posting was not required because the measure was temporary and necessary to address an urgent environmental protection issue
Details of issued Environmental Compliance Approval
The ministry has issued a new Environmental Compliance Approval (sewage) for 1000421099 Ontario Inc. for the usage and operation of the Works for the temporary storage and disposal of sanitary sewage from a commercial building located at 3752 Netherby Road, Stevensville Town of Fort Erie, Regional Municipality of Niagara, Ontario, L0S 1S0, rated at a Maximum Daily Flow of 11,129 litres per day.
The commercial building consists of restaurant, bar, banquet hall and a 2-bedroom dwelling.
The upgraded system is a conversion of the septic and pump chamber existing on the property into a holding tank.
Supporting materials
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Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada