Declaration order

Having received a request from The Corporation of the Town of Kincardine (Town) that, pursuant to section 3.2 of the Environmental Assessment Act (Act), section 5 of the Act be declared not to apply to an undertaking, namely:

The continued operation, as an interim measure, and closure of the existing and approved Town of Kincardine Valentine Avenue Landfill Site, situated on parts of lots A and B, Concession A, Plan 61, Town of Kincardine, County of Bruce, for the disposal of municipal waste;

Having been advised by the Town that if the undertaking is subject to the application of the Act, the following injury, damage or interference with the persons and property indicated will occur:

  1. The Town will be subject to expense if it is required to prepare an environmental assessment for the undertaking, and
  2. The current users of the Site who are located in the Town will be without a municipal waste disposal facility as of September 1999; and

Having weighed such injury, damage, or interference against the betterment of the people of the whole or any part of Ontario by the protection, conservation and wise management in Ontario of the environment which would result from the undertaking being subject to the application of the Act,

The undersigned is of the opinion that it is in the public interest to declare that the undertaking is not subject to the application of the Act for the following reasons:

  1. The continued operation of the existing landfill is clearly an interim measure for which there are no other reasonable waste management alternatives which can be implemented within the necessary time frame,
  2. Alternatives have been investigated,
  3. A public hearing under Part V of the Environmental Protection Act for the approval of the operation was held and a condition of approval was imposed by the Board allowing the proponent to seek an additional two year extension of the use of the Site provided that conditions 8.2(a), 8.2(b), 8.2(c) and 8.2(d) of the Provisional Certificate of Approval number A270203 were met. Condition 8(a) permits an extension of the operating period of the currently approved site, provided an EA has been submitted by the County for further waste disposal capacity. However, the County has since completed its Waste Management Master Plan Systems Study and determined that there is sufficient capacity overall in the County to service it for about 20 years and therefore the Town is proposing to submit an EA for the long-term use of the site.

This Declaration Order is subject to the following terms and conditions:

  1. Where any activity which under this Order would be declared not subject to the Act, is being carried out as or is part of, an undertaking for which approval to proceed has been given, the activity shall be carried out in accordance with any terms or conditions in the approval to proceed as well as the conditions of this Order.
  2. Where any activity which is the subject of this Order, is being carried out as or is part of, another undertaking which is the subject of a declaration or exemption Order under the Act, the activity exempt under this Order shall be carried out in accordance with any terms or conditions in the other declaration or exemption Order as well as the conditions in this Order.
  3. That the Town will submit by December 31, 1999, an Environmental Assessment for approval of the long-term use of the Valentine Avenue Landfill Site.
  4. No waste shall be deposited at the Valentine Avenue Landfill Site pursuant to this Order after September 29, 2001.
  5. No waste shall be deposited at the Valentine Landfill Site pursuant to this order except waste from the service area for the site from time to time applicable under the EPA.
  6. The Town shall consult with and provide copies of all relevant material to any public authorities and groups who express an interest.
  7. In the event that the Site is acquired by another municipality, the acquiring municipality shall carry out the responsibilities of the Town under this Order.

This Declaration Order replaces the exemption filed as Ontario Regulation 299/93 which is hereby revoked.

Original signed by:
Minister of the Environment

Approved by O.C. number 2196/97
Environmental assessment file number: MU-0083-02