Notice of approval

Proponent: The Corporation of the Township of South Glengarry
Environmental assessment file number: MU-0915-02

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 February 14, 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 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 and the Terms of Reference, approved on May 23, 2000.
  4. The Government Review Team has indicated no outstanding concerns that cannot be addressed through conditions of approval. The public did not identify any concerns with the Environmental Assessment or the Review.
  5. Issues raised regarding the need for additional information to assess site-specific impacts of the proposed undertaking are addressed by the eonditions of approval.
  6. 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 the Corporation of the Township of South Glengarry;
Beaver Brook Road landfill
refers to the landfill located on parts of Lot 20 and 21, Concession 7, in the United Counties of Stormont, Dundas and Glengarry;
North Lancaster landfill
refers to the landfill located in the United Counties of Stormont, Dundas and Glengarry on part of Lot 25, Concession 6 and the property on the west half of Lot 25, Concession 7, referred to in the Proponent’s letter dated January 15, 2003;
MOE
refers to the Ontario Ministry of the Environment;
EAAB
refers to the Environmental Assessment and Approvals Branch of the Ontario 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;
EC
refers to the Environmental Committee for the Beaver Brook Road and the North Lancaster landfills; and,
EA
refers to the Township of South Glengarry Solid Waste Management Strategy Environmental Assessment submitted to the MOE on March 29, 2002, and all other commitments made by the Proponent during the preparation of the EA and the subsequent review of the EA that are located in the Public Record for the proposed undertaking.

General requirements

  1. The Proponent shall comply with the provisions of the EA all of which are incorporated herein by reference except as provided in these conditions and except as provided in any Part V (EPA), Certificate of Approval for the landfills, and in any other approvals or permits that may be issued.
  2. These conditions do not prevent more restrictive conditions being imposed under other statutes.

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 MU-0915-02 shall be quoted on the document. Additional copies of such documents will be provided by the Proponent for public access to:
    • the Regional Director;
    • the Clerk’s office of the Township of South Glengarry; and,
    • the Chair of the EC, if applicable.

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 EA for mitigation measures, public consultation, and additional studies and work to be carried out, and of all other commitments made during the preparation of the EA and the subsequent review of the EA for mitigation measures, public consultation and additional studies to be carried out. All other commitments include those commitments that are located in the Public Record for the proposed undertaking.

    The Program must contain an implementation schedule. The Program shall be submitted no later than 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 issued 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 or until further notice by the Director.

    The Proponent shall retain at either both the Beaver Brook Road landfill and the North Lancaster landfill, 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.

Environmental committee

  1. To ensure thaf public concerns are addressed and that mitigation measures, including waste diversion initiatives, are undertaken where appropriate, the Proponent shall make a reasonable effort to maintain the EC in respect of the Beaver Brook Road landfill and the North Lancaster landfill. The need for an EC should be reviewed yearly by the Proponent. If continued or re-established , the EC shall serve as a focal point for the dissemination, review and exchange of information and monitoring results relevant to the operation of the landfills.
  2. If there is no interest from the public in continuing the existing EC or establishing and participating in a new committee (once sufficient public notice has been given of the intention not to have an EC), it may be dispensed with. If the EC is not functioning, the Proponent shall publish a notice at least annually inviting expressions of interest in the formation of the EC. If there is interest in forming an EC and members are willing to serve, the EC shall be established pursuant to condition 6.

Waste diversion

  1. Further to section 1.3 of the EA and letter of commitment dated June 21, 2002 from the Proponent in response to MOE Waste Management Policy Branch’s comments about the EA, the Proponent shall report, until further notice by the Director, about the status of waste diversion initiatives at the Beaver Brook Road landfill and the North Lancaster landfill, including any changes or improvements in this regard. This information shall be provided in the annual Compliance Report.

Re-vegetation

  1. The Proponent shall ensure that any natural areas that are disturbed during the construction and operation of the Beaver Brook Road landfill and the North Lancaster landfill will be re-vegetated with an appropriate species, such as native deciduous and coniferous species. Species selected for re-vegetation must complement the surrounding native vegetation communities adjacent to the landfill.

Site specific requirements – North Lancaster landfill

  1. The Proponent shall, with its application for approval under Part V of the EPA for the expansion of the North Lancaster landfill:
    1. submit proof of municipal ownership of the property on the west half of Lot 25, Concession 7, northwest of the North Lancaster landfill, which is the property the Proponent committed to acquiring in its letter dated January 15, 2003;
    2. request to incorporate the property acquired pursuant to condition 10 (a) into the approved property boundaries; and,
    3. demonstrate that the expanded North Lancaster landfill can be operated in compliance with the MOE's Guideline B-7 Incorporation of the Reasonable Use Concept into Groundwater Management Activities last revised April, 1994 along the revised northern and western property boundaries.
    1. The Proponent shall conduct a wet weather fish survey in the un-named tributary to the west of the North Lancaster landfill in consultation with the Ministry of Natural Resources Kemptville District Office (MNR). The Proponent shall report to MNR in respect of the survey’s findings.

Site specific requirements – Beaver Brook Road landfill

  1. The Proponent shall, with its application for approval under Part V of the EPA for the expansion of the Beaver Brook Road landfill provide:
    1. clarification of the designation of the downstream surface water compliance station(s) to be established for the landfill;
    2. clarification of the linkage of the sampling stations to the Contingency Trigger Mechanism;
    3. a Contingency Trigger Mechanism, developed in consultation with MOE Eastern Region’s Technical Support Section; and,
    4. a Surface Water Monitoring Program, developed in consultation with MOE Eastern Region’s Technical Support Section.

Dated the 13th day of May, 2003 at Toronto

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