Declaration order

Having received a request from the Corporation of the Town of Marathon (the Town) that an undertaking, namely:

The establishment, construction, operation, maintenance, closure and rehabilitation of a landfill site located in an unorganised township on Vein Lake Road, approximately 26 kilometres north of Highway 17 via the Dead Horse Creek Road (located at approximately 48°59'57"N, 86°37'30"W), for the disposal of residual, post-diversion solid, non-hazardous waste.

be declared not subject to section 5 the Act pursuant to section 3.2; and

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 closure of the existing landfill, located within the urban town centre, will be delayed, potentially causing prolonged health, safety and environmental impacts to the residents of the Town.
  2. The Town would be damaged by the additional cost and time delay in order to conduct further environmental assessment work when it has already carried out an environmental assessment process that assessed alternatives and identified the proposed undertaking as the preferred long term waste management option.
  3. A number of other area parties are also nearing landfill capacity and would experience similar expenses and time delays associated with identifying a new landfill to serve their needs. These parties have expressed interest in sharing use of the proposed undertaking.

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 and declares that the undertaking is not subject to the application of the Act for the following reasons:

  1. The undertaking will hasten closure of the existing landfill, thereby avoiding potential environmental, health and safety risks to the public from its continued operation;
  2. The Town has carried out an appropriate level of environmental assessment planning for its long term waste management strategy and support for the site of the undertaking has been achieved through a public, agency and aboriginal consultation process;
  3. The site is located in a remote area of Crown land, more than 20 kilometres from any permanent residences;
  4. The proposed undertaking has the potential to meet the solid non-hazardous waste management needs of a number of parties in the region;
  5. A public hearing will be held under Part V of the Environmental Protection Act (EPA) for the establishment and operation of the landfill;
  6. Technical approvals required under the EPA and the Ontario Water Resources Act must be obtained before construction of the undertaking can commence; and
  7. No public concerns were received as a result of the notice of proposal to issue this order on the Environmental Bill of Rights Environmental Registry.

This declaration order is subject to the following terms and conditions:

Declaration order compliance

  1. The Town shall prepare and submit an Annual Compliance Report (Report) to the Ministry of the Environment (ministry) to demonstrate compliance with this order. The Report shall contain the following information:

    1. A current Implementation schedule for the establishment of the landfill; and
    2. A status report for each condition in this order, including indicators of compliance, where appropriate.

    The Report shall be submitted to the Director of the Environmental Assessment and Approvals Branch of the ministry for placement on the Public Record. The submission shall be received no later than one year following the date of this order, and on the date that is the anniversary of this order. The Town shall submit Compliance Reports until all applicable conditions are satisfied. When all applicable conditions have been satisfied, the Town shall indicate in the Compliance Report that this is its final submission.

Boundaries

  1. The service area for the landfill shall be limited to a 150 kilo metre radius from the municipal office of the Town at 4 Hemlo Drive.
  2. The waste capacity of the landfill shall not exceed 534,000 cubic metres.

Archaeological assessment

  1. Should human remains be identified during operations, all work in the vicinity of the discovery will be suspended immediately. Notification will be made to the Ontario Provincial Police, or local police, who will conduct a site investigation and contact the district coroner. Notification must also be made to this office and the Registrar of Cemeteries, Ministry of Government Services.
  2. Should other cultural heritage values (archaeological or historical materials or features) be identified during operations, all activity in the vicinity of the recovery will be suspended and the archaeologist contacted at the Ministry of Culture, Thunder Bay office. This condition provides for the potential for deeply buried or enigmatic local site areas not typically identified in evaluations of potential.

Consultation

  1. In order to afford potentially affected stakeholders an opportunity to participate in the review of detailed operational documentation for the undertaking, the Town shall arrange for public and agency review of the documentation prior to its submission to the ministry for Part V EPA approval as follows:
    1. The Town shall post an electronic copy of the draft Design and Operations Plan including detailed design and supporting documentation about the landfill, prepared as part of the application for a Certificate of Approval under Part V of the EPA on its website;
    2. The Town shall make a printed copy of the Design and Operations Plan available for public viewing at its municipal office;
    3. The Town shall publish a Notice in area newspapers, at a public meeting of Council and on the Town’s web site indicating the availability of the draft documentation for review and comment;
    4. Prior to the posting of the draft documentation on its website, the proponent shall directly notify potentially interested government agencies, First Nations communities and other stakeholders of their opportunity to review and provide comments on the draft Design and Operations Plan within a minimum 30 calendar day period;
    5. As part of the final application for Part V EPA approval, the Town shall provide a consultation summary report to the Signing Director summarizing the consultation that has occurred and how any comments received have been considered; and
    6. As part of the final application for disposition of Crown land, the Town shall provide the Ministry of Natural Resources (MNR) with an electronic copy of its consultation summary report.

Wildlife surveys

  1. The Town shall conduct a baseline wildlife survey and periodic wildlife monitoring surveys to assess what, if any, effects the landfill site may have on certain bird and mammal species on and in the vicinity of the site. The results of the baseline and monitoring surveys will assist in determining what, if any, mitigating measures may need to be implemented in the operation of the landfill site.

    1. Baseline wildlife survey

      In consultation with MNR and prior to the placement of waste at the landfill site the Town shall prepare and conduct a baseline survey of large bird species (such as ospreys, eagles, herons and gulls) and large mammal species (such as bear, wolf, fox and coyote) within a survey area consisting of the landfill site; all lands and waters within a five kilometre radius of the landfill site; Killala, Prarie, Ruffle and Foxtrap Lakes; and a two kilometre radius around these lakes.

      The survey shall include the identification of any stick nests and nesting colonies and an estimate of populations and population distribution in the survey area.

    2. Annual wildlife monitoring surveys

      In consultation with MNR the Town shall conduct annual monitoring surveys of the bird and mammal species identified in the Baseline Wildlife Survey to identify any apparent changes in population, population distribution and nesting sites. The first survey shall be conducted within one year of commencement of waste deposition at the site. The monitoring surveys shall be conducted each year for an initial period of five years, after which time the Town shall discuss the need for continuing monitoring with MNR and, on the basis of the measurable effects being identified, adjust or eliminate the Annual Wildlife Monitoring Surveys, as appropriate. In the event of disagreement about potential adjustments, the Director of the Environmental Assessment and Approvals Branch will make the final decision in this regard.

      The results of each Annual Wildlife Monitoring Survey shall be included in the Annual Operating Report for the landfill site under the EPA.

    3. Mitigation

      The Town shall prepare and implement an on-site wildlife management program to minimize scavenging by wildlife. The results of the on-site wildlife management program will be compared to the findings of the Annual Wildlife Monitoring Surveys to identify possible linkages between the abundance of scavengers and any changes in population, population distribution or nesting sites of the species being monitored in the survey area. The program shall be described in the Design and Operations Plan under EPA for the landfill site and the results of its implementation shall be included in the associated Annual Operating Report.

Dated the 8th day of June, 2007 at Toronto

Original signed by:
Minister of the Environment

Approved by O.C. number 1690/2007
Date O.C. approved: June 27th, 2007
Environmental assessment file number: EA-04-08-02