Notice of approval

Proponent: Waste Management of Canada Corporation
Environmental assessment file number: EA-02-08-02-03

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 April 26, 2006. I received six submissions before the expiration date. Two submissions requested mediation, and, if no resolution results from mediation, then referral to a hearing by the EMironrnental Review Tribunal

I consider mediation and hearing to be unnecessary in this case. Having considered the purpose of the Act, the approved Terms of Reference, the Environmental Assessment, the ministry Review of the Environmental Assessment 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 Proponent’s Environmental Assessment and the ministry’s 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 (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 cannot be addressed through these conditions of approval.
  5. The submissions received after the Notice of Completion of the Review was published are being dealt with through conditions where appropriate.

Conditions

This approval is subject to the following Conditions:

Definitions and terms

AQMP
means an Air Quality Monitoring Program
Director
refers to the Director of the Environmental Assessment and Approvals Branch
District Manager
refers to the District Manager in the Ministry of the Environment’s Samia District Office
District Office
refers to the Ministry of the Environment Sarnia District Office
EA
refers to the document titled Warwick Landfill Expansion Environmental Assessment, dated September 2005, which includes Discussion Papers 1 though 9 included in the Appendices A to F of the Environmental Assessment. EA also includes responses from the Proponent dated:
  1. March 10, 2006 Waste Unit’s Final Comments Dated March 8, 2006
  2. February 14, 2006 Leachate Recirculation
  3. February 14, 2006 Response to February 1, 2006 Correspondence
  4. January 13, 2006 Waste Management Response to Comments received from Warwick Landfill Expansion EA including attachments entitled:
    1. Response to the Township of Warwick;
    2. Response to Thomson Rogers;
    3. Table of responses to various agencies, public and First Nations Submissions;
    4. Landfill Gas Assessment, Warwick Landfill Baseline Conditions Report prepared by RWDI dated January 12, 2006.
  5. Memo dated March 10, 2006
  6. June 12, 2006 Response to May 1, 2006 Ministry Review
EAA
refers to the Ontario Environmental Assessment Act
EAAB
refers to the Environmental Assessment and Approvals Branch of the Ministry of the Environment
Environmental Inspector
refers to the individual employed by the Ministry of the Environment to inspect the Site
EPA
refers to the Ontario Environmental Protection Act
OWRA
refers to the Ontario Water Resources Act
MOE or ministry
refers to the Ministry of the Environment
Proponent
refers to Waste Management of Canada Corporation, any successors and assigns
Regional Director
refers to the Director of the Ministry of the Environment’s Southwestern Regional Office
Site
refers to the Warwick Landfill Site and lands owned by the Proponent described as Lots 19 and 20, Concession 3, South of Egremont Road (SER) and Lots 20 and parts of Lot 21, Concession 4 SER in the Township of Warwick, County of Lambton
Undertaking
refers to the proposed undertaking as described in the Warwick Landfill Expansion Environmental Assessment
WIFN
refers to Walpole Island First Nation
WPLC
refers to the Warwick Public Liaison Committee

General requirments

  1. The Proponent shall comply with all the provisions of the EA submitted to the MOE which are hereby incorporated by reference except as provided in these conditions and as provided in any other approvals or permits that may be issued.
  2. The Proponent shall implement any additional commitments made by them and recorded in their EA. except as provided for in these conditions or as provided by other approvals, authorizations or permits required for the undertaking.
  3. These proposed conditions do not prevent more restrictive conditions being imposed under other statutes.

Public record

  1. Where a document is required for Public Record, it shall be provided to the Director for filing with the Public Record maintained for this undertaking at the EAAB. Additional copies of such documents will be provided by the Proponent for public access at:

    • The Regional Director’s Office; and
    • The Sarnia District Office.

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

EAA monitoring and annual reporting

  1. The Proponent will continue to monitor compliance with these and any other conditions of approval and will continue to issue annually a report which describes compliance with these and any other conditions of approval. The reporting may be combined with any other annual report required under the EPA and OWRA; and each annual report shall be filed with the Public Record.
  2. The Proponent shall retain, either on-Site or in another location approved by the Director, copies of the annual reports referred to in condition 5 and any associated documentation of compliance monitoring activities and shall continue to do so for a period of at least 2 years after the closure of the Site.
  3. Prior to proceeding with the proposed undertaking, the Proponent shall include in its annual compliance monitoring report how it has addressed the commitments made in the EA:
    • Recommended mitigation measures, referred to in Discussion Paper 8 dated September 2005 Appendix D, included in Appendix B to the EA;
    • Monitoring measures, referred to in Exhibit 7-1 of the EA;
    • Contingency measures, referred to in Exhibit 7-2 of the EA.

Air quality monitoring report

  1. The Proponent shall address the ministry’s comments dated February 7, 2006, including the requirement to prepare and implement an Air Quality Monitoring Program (AQMP).
  2. The Proponent shall submit the AQMP to the Regional Director for review and approval.
  3. The Proponent shall identify how the ministry’s comments dated February 7, 2006 were addressed prior to the issuance of approval under Part V of the EPA.

End use

  1. The Proponent shall consult with affected stakeholders on the proposed end uses as committed to in DP9 Appendices C and D dated September 2005, and Appendix B of the EA, prior to the submission of its closure report under the EPA. The proposed end use activities should be consistent with the types of activities consulted upon during the EA.

Impact management plan

  1. Prior to proceeding with construction, the Proponent shall submit a letter to the Director and Regional Director for placement on the Public Record, outlining how it has addressed its commitments to the individuals and to the community, through the execution of Community Commitments Agreement or otherwise as outlined in sections 7.3 and 7.4 of the EA.

Development and operations plans

  1. The Proponent shall provide funding to cover the reasonable expenses of the Township of Warwick for its subsequent participation and review of the Development and Operations Plans, including the leachate management plan submitted under the EPA and OWRA.
  2. The Proponent shall provide funding to cover the reasonable expenses of the WIFN for its subsequent participation, consultation about, and review of the Development and Operations Plans, including the leachate management plan submitted under the EPA and OWRA.
  3. The Proponent shall identify to the Director how it has consulted with the Township of Warwick and WIFN during the preparation and finalization of the Development and Operations Plans, including the leachate management plan, prior to proceeding with construction of the proposed undertaking.

Warwick Landfill site operation

  1. The Site may only accept municipal, industrial, commercial and institutional solid non-hazardous waste generated within the Province of Ontario, including nonhazardous contaminated soil.
  2. As part of any application for approval under Part V of the EPA for the undertaking described in the EA:
    1. the Proponent shall ensure that the MOE's Guideline B-7, Reasonable Use Concept, is applied at the Site boundanes;
    2. The approval permits disposal of waste at the Site to fill an air space of 26,508,000 cubic metres (including waste, daily and interim cover material). This capacity includes the capacity of the existing and expansion landfill areas; and,
    3. The Proponent can receive up to a maximum of 750,000 tonnes per year of waste for disposal.
  3. The Proponent shall provide funding to the Ministry of the Environment for the provision of an Environmental Inspector to inspect the Site, at any reasonable time on such terms and conditions, as deemed appropriate by the District Manager of the District Office and outlined in a written agreement with the Proponent. Within the agreement, the Proponent shall commit to providing, as a minimum, the following:
    1. Adequate office facilities, communication equipment, and means of transportation for the Environmental Inspector.
    2. Reimbursement to the MOE annually, on a calendar basis, for the costs and associated expenses of the Environmental Inspector.
  4. Implementation of condition 18 shall be required of the Proponent in accordance with the following conditions, once the Site’s approval under Part V of the EPA has been amended in furtherance of the Undertaking:
    1. The Proponent shall undertake an air space survey of the bottom and top waste contours to determine the estimated air space used for waste disposal in the prior year. The air space survey shall include daily cover material and shall take into account settlement. The first air space survey shall be undertaken within a year after the approval of this EA with an air space survey being completed annually after the completion of the first air space survey, until landfill Site closure.
    2. Wastes which the Proponent has been ordered to dispose of at the Site by any ministry, department or agency of the federal or Provincial Crown shall be excluded from the air space survey calculations.
    3. Each air space survey shall be conducted by an Ontario Land Surveyor or other qualified consultant and such air space survey shall be provided to the District Manager. The Proponent shall keep a copy of each air space survey on-Site and make them available to MOE personnel upon request
    4. Based on the annual rate of waste received at the Site according to the most recent air space survey, an Environmental Inspector shall inspect the Site the following number of days per week as shown in the Table below:
      Number of days per week the Environmental Inspector shall inspect the site Annual rate of waste received at the site in cubic metres
      1 0 up to 500,000
      2 500,000 up to 650,000
      3 650,000 up to 800,000
      4 800,000 up to 950,000
      5 950,000 or more

      Notwithstanding condition 19, the Environmental Inspector’s duties may, in consultation with the Proponent, be increased, reduced, suspended or terminated on such terms and conditions as deemed appropriate by the District Manager and, for greater certainty, the District Manager may require an Environmental Inspector to be on-site for up to seven days per week in cases of apparent significant non-compliance with the condition of this approval or any approval issued for the Site under the EPA and the OWRA until such noncompliance is resolved.

Leachate management plan

  1. The Proponent shall prepare and implement a leachate management plan, satisfactory to the Directors under the EPA and OWRA for the treatment and disposal of leachate generated at the Site. The leachate management plan is to describe how leachate will be collected, treated and disposed of.
  2. The Proponent’s leachate management plan shall not include any direct discharge of leachate or treated leachate from the Site, even as a contingency option, to surface waters, including Bear Creek. For greater certainty, the Proponent shall not discharge leachate or treated leachate to surface waters, including Bear Creek from the Site.

Transportation

  1. The Proponent shall enter into an agreement, secured by a Letter of Credit, with the Ministry of Transportation to undertake improvements to County Road 79 and the Highway 402 interchange as described in the EA and the letter dated December 13, 2005 from the Ministry of Transportation. This agreement must be executed prior to the utilization and operation of the landfill expansion. Any such agreement shall be provided to the Director for placement on the Public Record.
  2. The Proponent is to select a preferred Site access option location from those options identified in the EA that is satisfactory to the Proponent, the Township of Warwick and the County of Lambton. If the Proponent, the Township of Warwick and the County of Lambton cannot reach an agreement on a Site access option within 90 days of the EAA approval, then the County Road 79 Site access option as identified in the EA shall be implemented.

Archeological investigation

  1. Prior to construction, the Proponent shall complete its Stage II Archaeological Assessment and undertake and complete a further Stage III Archaeological Assessment as recommended in the Archaeological Resources Impact Assessment, dated September 2005.
  2. The Proponent is to inform the Ministry of Culture and the Cemeteries Regulation Unit of the Ministry of Government Services, and WIFN should human remains be found during any archaeological investigation or construction.
  3. The Proponent shall permit a representative of WIFN to observe and participate in the Stage III Archaeological Assessment and any subsequent required archaeological field work.
  4. The Proponent shall provide WIFN a copy of the Stage III Archaeological Assessment, and any subsequent required archaeological investigation within 30 days of its completion.
  5. The Proponent shall inform WIFN of any further archeological work required, over and above what was identified in the EA before that work is conducted.

Warwick Public Liaison Committee

  1. The Proponent shall continue and maintain the Warwick Public Liaison Committee (WPLC). The WPLC shall serve as a focal point for dissemination. review and exchange of information and monitoring results relevant to the operation of the undertaking.
  2. The Proponent shall continue to provide for the administrative costs of operating the WPLC, including the cost of meeting places and clerical services. Payment of these costs can build upon the existing agreement between the Proponent and the WPLC.
  3. Within six months of receiving EAA approval, a revised Terms of Reference for the WPLC shall be developed by the Proponent incorporating the approved undertaking. As part of its Terms of Reference. the Proponent shall develop a dispute resolution mechanism for the WPLC to resolve concerns.
  4. A copy of the Terms of Reference shall be placed on the Public Record.
  5. The Proponent shall provide the details of the structure and administrative process of the WPLC as part of its application for a Part V of the EPA Certificate of Approval.

Dated the 15th day of January 2007 at Toronto

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