Notice of approval

Proponent: The Corporation of the Town of Kearney and The Corporation of the Township of Perry
Environmental assessment file number: MU-0648-02

Take notice that the period for requiring a hearing, provided for in the Notice of Completion of the Review for the above noted undertaking, expired on October 8, 1999. I received no submissions before the expiration date.

I do not consider it advisable or necessary to hold a hearing. Having considered the purpose of the Act, the Environmental Assessment, the Review and submissions received, I hereby give approval to proceed with the undertaking, subject to conditions set out below.

Reasons

My reasons for giving approval are:

  1. On the basis of the proponents' Environmental Assessment and the Review, the proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
  2. No other beneficial alternative method of implementing the undertaking was identified.
  3. On the basis of the proponents' Environmental Assessment, the Review and the conditions of approval, the construction, operation and maintenance of the undertaking will be consistent with the purpose of the Act (section 2).
  4. The Government Review Team has indicated no outstanding concerns that cannot be addressed through conditions of approval. The public review of the Environmental Assessment did not identify any outstanding concerns which can not be addressed through these conditions of approval or conditions of a Provisional Certificate of Approval.
  5. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions of approval

  1. The proponents, The Corporation of the Town of Kearney and The Corporation of the Township of Perry (Kearney-Perry), shall comply with the provisions of the Environmental Assessment, all of which are incorporated herein by reference, except as provided by these conditions and by any requirement of Part V of the Environmental Protection Act (EPA) Provisional Certificate of Approval for the site, and any other approvals or permits that may be issued for the site.
  2. These conditions do not prevent more restrictive conditions being imposed under other statutes.
  3. Kearney-Perry shall, prior to approval of the site under Part V of the EPA being issued, establish the Public Liaison Committee (PLC) described in the Design and Operation Report submitted by Kearney-Perry dated May 1999. Any amendments to the mandate of the PLC which are not agreed to by all of its members shall be subject to the approval of the Director, Ministry of the Environment, Northern Region. A copy of the finalized mandate and any amendments shall be filed with the Public Record.
  4. If there is no interest expressed from the public in establishing or participating in the PLC, it may be dispensed with. If the PLC is not functioning, Kearney-Perry shall publish a Notice at least annually inviting expressions of interest in the formation of the PLC. If there is interest in forming a PLC and members are willing to serve, the PLC shall be established.
  5. Where these conditions require a document to be filed with the Public Record, it shall be provided to the Director of the Environmental Assessment and Approvals Branch, for filing with the Public Record maintained under section 30 of the Environmental Assessment Act for this undertaking, with a copy of such documents provided to the Director, Ministry of the Environment, Northern Region, the Clerks of The Corporation of the Town of Kearney and The Corporation of the Township of Perry, and the PLC.
  6. Kearney-Perry shall keep written records of any complaints received regarding the site, the actions taken in response to the complaints, and the results or outcome of these actions. Kearney-Perry shall ensure that this record is maintained in a form which facilitates compliance with the Municipal Freedom of Information and Protection of Privacy Act, and subject to that Act, make the record available for inspection upon request by the PLC, the public or the Ministry of the Environment.
  7. Kearney-Perry shall implement the Kearney/Perry Waste Management System Plan Board of Management compensation policy dated October 14, 1999.

Dated the 1st day of March, 2000 at Toronto

Original signed by:
Minister of the Environment
135 St. Clair Avenue West, 15th floor
Toronto, Ontario
M4V 1P5