Notice of approval

Proponent: The Corporation of the City of Ottawa
Environmental assessment file number: MU-0647-02

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 November 8, 2002. 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 approved Terms of Reference and the Review, 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. 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. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.
  6. I have reviewed the proposal for a leachate collection system as outlined in the Class EA document, Addendum to Environmental Study Report, Class Environmental Assessment for Long-Term Management of Trail Road Landfill Leachate and Nepean Landfill Contaminated Groundwater completed in March 2005, and the leachate collection system outlined in the environmental assessment document for the Trail Waste Facility Landfill and recognize that the proposal developed in the Class Environmental Assessment offers greater environmental protection.

Conditions

Definitions

For the purposes of these Conditions:

proponent
refers to The Corporation of-the City of Ottawa;
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; and
the environmental assessment
refers to the approved Trail Waste Facility Landfill Optimization/Expansion Environmental Assessment, March 2002:

General requirements

  1. The proponent shall comply with all the provisions of the environmental assessment submitted to MOE 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.
  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, the proponent shall provide the document to the Director for filing within the specific Public Record file maintained for the undertaking. The EAAB file number MU-0647-02 shall be quoted on the cover of the document. The proponent shall provide copies of all documents for the purpose of public review to:
    • the Director of MOE eastern Regional Office;
    • the Manager of MOE Ottawa District Office;
    • the Clerk of The Corporation of the City of Ottawa; and
    • the Public Liaison Committee, if formed.

    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 to monitor the proponent’s fulfilment of the provisions of the environmental assessment for mitigation measures, public consultation, and additional studies and work to be carried out, and 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 studies and work to be carried out.

    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, shall 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 and shall cover all activities of the previous calendar year, with the first report being due in 2006. 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 MOE or its designate upon request in a timely manner when so requested by MOE during an on-site inspection, audit, or in response to a pollution incident report or when information concerning compliance is requested by MOE.

Public Liaison Committee

  1. The proponent shall review the need for establishing a Public Liaison Committee once the environmental assessment is approved. If there is no interest from the public in establishing and participating in a Committee (once sufficient notice has been given), the need for such a Committee should be reviewed yearly. If established, the Committee shall serve as a focal point for the dissemination, and exchange of information and monitoring results relevant to the operation of the landfill.
  2. The proponent shall develop, in consultation with the Public Liaison Committee, a procedure for responding to complaints. If a Public Liaison Committee is not formed, then the proponent is solely responsible for developing the procedure for responding to complaints. The proponent shall keep records of the complaints received, the actions taken, and the results or outcome of these actions. The proponent shall ensure this re.cord is maintained in accordance with the Municipal Freedom of Information and Protection of Privacy Act, and subject to that Act, make it available for inspection upon request of the Public Liaison Committee, the public or MOE.

Technical requirements

  1. As part of its application for approval under Part V of the Environmental Protection Act, the proponent shall ensure that MOE Guideline B-7, Reasonable Use Concept, is applied at all points on the property line which are impacted by leachate from the Trail Waste Facility Landfill.

Change to Leachate Treatment System

  1. If the undertaking proceeds and subject to any other required approvals, the proponent shall implement the leachate treatment system portion of the undertaking in accordance with its Addendum to Environmental Study Report, Class 'Environmental Assessment for Long-Term Management of Trail Road Landfill Leachate and Nepean Landfill Contaminated Groundwater, March 2005 prepared under the Municipal Class Environmental Assessment in place of the leachate treatment system described as the preferred alternative in the environmental assessment.

Dated the 19th day of May, 2005 at Toronto

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