Notice of approval

Proponent: Gilles R. Mayer (781998 Ontario Incorporated)
Environmental assessment file number: PR-MA-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 January 24, 2003. I received no requests for a hearing 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 approved Terms of Reference the Review and the 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 proponent’s 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 proponent’s 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.
  4. There are no concerns that have been identified by the Government Review Team or the public that can not be addressed through the conditions of this approval or through other approvals.
  5. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

For the purposes of these conditions:

Proponent
refers to Gilles R. Mayer (781998 Ontario Incorporated);
site
refers to the Mayer domestic landfill site, located on Parts of Lot 1 and the Commons Lot, Concession 1 and the Broken Front Concession in the Township of Champlain, United Counties of Prescott and Russell;
MOE
refers to the Ministry of the Environment;
EAAB
refers to the Environmental Assessment and Approvals Branch of the Ministry of the Environment;
Director
refers to the Director of the Environmental Assessment and Approvals Branch;
Regional Director
refers to the Director of the Ministry of the Environment’s Eastern Regional Office;
EPA
refers to the Environmental Protection Act;
PLC
refers to the Public Liaison Committee; and
Environmental Assessment
refers to the Environmental Assessment for the expansion in the landfill capacity of the Mayer Waste Disposal Site (domestic landfill).

General requirements

  1. Proponent shall comply with the provisions of the Environmental Assessment which are hereby incorporated in this approval by reference except as provided in these conditions and as provided in 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. The primary service area for the site shall be the Town of Hawkesbury and the Township of Champlain, as stated in section 2.0 of the Environmental Assessment. The other areas that may be serviced by the site shall be those areas listed in section 5.8.1.1 of the Environmental Assessment that are within Ontario.

Public record

  1. Where a document is required for the Public Record, it shall be provided to the Director for filing with the Public Record maintained for this undertaking. The EAAB file number PR-MA-02 shall be quoted on the document. Additional copies of such documents will be provided by the Proponent for public access to:
    1. the Regional Director;
    2. the Clerk’s offices of the Town of Hawkesbury and the Township of Champlain; and
    3. the Public Liaison Committee, if applicable.

    These documents may also be provided through other means as considered appropriate by the Proponent.

Compliance

  1. The Proponent shall prepare and submit to the Director for the Public Record an Environmental Assessment Compliance Monitoring Program. The Program shall be prepared for the monitoring of the Proponent’s fulfilment of the provisions of the Environmental Assessment for mitigation measures, public consultation, and additional work to be carried out, and of all other commitments made during the preparation of the Environmental Assessment and the subsequent review of the Environmental Assessment for mitigation measures, public consultation and additional work to be carried out. All other commitments include those commitments that are contained in the Public Record for this Environmental Assessment.

    The program must contain an implementation schedule. The Program shall be submitted one year from the date of this approval, or 60 days before the commencement of construction, whichever is earlier. A statement must accompany the Program when submitted to the Director, indicating that the Program is intended to fulfill this condition. The Program, as it may be amended by the Director, must be carried out by the Proponent.

  2. The Proponent shall prepare an annual Compliance Report which describes compliance with the conditions of approval set out in this notice and which describes the results of the Proponent’s Environmental Assessment Compliance Monitoring Program. The Compliance Report shall be submitted on or before May 31st of each year, with the first report being due in 2004, and shall cover all activities of the previous calendar year. The Proponent shall submit the Compliance Report to the Director for placement on the Public Record. The Proponent shall submit Compliance Reports until all conditions are satisfied. When all conditions have been satisfied, the Proponent shall indicate in the Compliance Report that this is its final submission.

    The Proponent shall retain either on site or in another location approved by the Director, copies of the Compliance Report for each reporting year and any associated documentation of compliance monitoring activities. The Proponent shall make the documentation available to the MOE or its designate upon request in a timely manner when so requested by the MOE during an on-site inspection, audit, or in response to a pollution incident report or when information concerning compliance is requested by the MOE.

Public Liaison Committee

  1. To ensure that public concerns are addressed and to ensure that mitigation measures, including waste diversion initiatives, are undertaken where appropriate, the Proponent shall make a reasonable effort to maintain the PLC in respect of the site. If there is no interest from the public in continuing the existing PLC or establishing and participating in a new committee (once sufficient notice has been given), the need for such a PLC should be reviewed yearly by the Proponent. If continued or re-established, the PLC shall serve as a focal point for the dissemination, review and exchange of information and monitoring results relevant to the operation of the landfill.
  2. If there is no interest from the public in participating in the PLC it may be dispensed with. If the PLC is not functioning, the Proponent shall publish a notice at least annually inviting expressions of interest in the forming of the PLC. If there is interest in forming a PLC and members are willing to serve, the PLC shall be established pursuant to condition 7.

Technical requirements

  1. To encourage continuous improvements of the Proponent’s waste diversion program, and further to section 5.8.1.5 of the Environmental Assessment and Proponent’s letter dated October 17, 2002 in response to MOE Waste Management Policy Branch’s submission, in which a commitment is made to pursue improvements to the waste diversion program, the Proponent shall also report, until further notice by the Director, about the status of waste diversion initiatives at the site, including any changes or improvements in this regard. This information shall be provided in the annual Compliance Report.
  2. The site is approved for the expanded capacity referred to in section 2.0 of the Environmental Assessment. The final approved capacity will be determined as part of the Proponent’s application under the EPA, which may include allowances for the relocation of previously deposited waste from lands adjacent to the site.

Dated the 12th day of May 2010 at Toronto

Original signed by:
Minister of the Environment
135 St. Clair West, 12th floor
Toronto, Ontario
M4V 1P5