Environmental Assessment Act R.S.O. 1990, Subsection 7(1)

This Review is subject to the provisions of Ontario Regulation 616/98 which sets out a deadline for the completion of this document. The deadline for the completion of the Ministry Review was January 16, 2015. This paragraph and the giving of the Notice of Completion are the notices required by subsection 7(3) of the Environmental Assessment Act (Act). The Ministry Review documents the Ministry’s evaluation of the Environmental Assessment and takes the comments of the government agencies, the public and Aboriginal communities into consideration.

Executive summary

Who

Clean Harbors Canada Inc. (Clean Harbors)

What

Ministry Review of the proposed Lambton Landfill Expansion Environmental Assessment, which includes a vertical expansion of the existing Lambton Landfill that will add 4.5 to 5 million cubic metres of capacity.

When

Environmental assessment submitted: October 17, 2014
First inspection period: October 17, 2014 to December 5, 2014
Ministry review comment period: January 30, 2015 to March 6, 2015

Where

The existing Lambton Landfill is situated approximately 15 kilometres southeast of Sarnia, in St. Clair Township, in the County of Lambton.

Why

The purpose of the proposed undertaking is to provide additional capacity to allow the Lambton landfill to continue accepting hazardous waste beyond early 2016, which is when the site is projected to reach its current capacity.

Conclusions

The Ministry Review concludes that the Environmental Assessment was prepared in accordance with the approved Terms of Reference and contains sufficient information to assess the potential environmental effects of the proposed undertaking.

Environmental assessment process

Environmental assessment is a proponent driven planning process designed to incorporate the consideration of the environment into decision-making by assessing the effects of an undertaking on the environment. In Ontario, the Environmental Assessment Act sets out the general contents for the preparation of an environmental assessment, as well as the Ministry’s evaluation process. For those proponents and undertakings subject to the Environmental Assessment Act, approval under the Environmental Assessment Act is required before the undertaking can proceed.

Proponents address a wide range of potential effects on the natural, social, cultural and economic environments to ensure the protection, conservation and wise management of the environment. An environmental assessment determines, on the basis of the environmental effects, if an undertaking should proceed, and if so, how environmental effects can be managed.

Environmental assessments may identify a problem or opportunity, consider alternative ways of addressing the problem or opportunity, evaluate the environmental effects of the alternatives and select a preferred undertaking from the alternatives. The proponent must consider actions to avoid, reduce and mitigate potential environmental effects. In preparing the environmental assessment, the proponent completes various studies and consults with interested stakeholders including a Government Review Team, the public and affected Aboriginal communities to evaluate the alternatives and determine the preferred undertaking. Once the undertaking is approved, the proponent is required to monitor to demonstrate compliance with standards, regulations and the Environmental Assessment Act approval.

1.1 Terms of reference

Preparing an environmental assessment is a two-step application to the Minister of the Environment and Climate Change (Minister). The first step requires the proponent to prepare and submit a Terms of Reference to the Ministry of the Environment and Climate Change (Ministry) for review and approval. The Terms of Reference is the work plan or framework for how the environmental assessment will be prepared.

On December 20, 2010, the Minister approved the Lambton Landfill Expansion Terms of Reference. The Terms of Reference set out how Clean Harbors would assess alternatives, assess environmental effects and consult with the public during the preparation of the environmental assessment.

1.2 Environmental assessment

Once the Terms of Reference is approved by the Minister, the proponent can proceed to the second step of the environmental assessment process and carry out the environmental assessment. The environmental assessment must be prepared in accordance with the approved Terms of Reference and the requirements of the Environmental Assessment Act. Once the proponent has carried out the environmental assessment, including consultation, the environmental assessment is submitted to the Ministry for review and decision.

On October 17, 2014, Clean Harbors submitted the Environmental Assessment to the Ministry for decision for the proposed expansion of the Lambton Landfill, which includes a vertical expansion of 4.5 to 5 million cubic metres. The Environmental Assessment comment period ended on December 5, 2014.

1.3 Ministry review

The Environmental Assessment was circulated for review to the Government Review Team. The Government Review Team, which includes federal, provincial and local agencies, reviewed the Environmental Assessment to ensure that the information and conclusions of the Environmental Assessment were valid, based on their agencies' mandates. The public and Aboriginal communities also had an opportunity to review the Environmental Assessment and submit their comments to the Ministry. All comments received by the Ministry are considered by the Minister before a decision is made about the Environmental Assessment undertaking.

The Environmental Assessment Act requires the Ministry to prepare a review of the Environmental Assessment, known simply as the Ministry Review (Review). The Review is the Ministry’s evaluation of the Environmental Assessment. The purpose of the Review is to determine if the Environmental Assessment has been prepared in accordance with the approved Terms of Reference and therefore meets the requirements of the Environmental Assessment Act and whether the evaluation in the Environmental Assessment is sufficient to allow the Minister to make a decision about the proposed undertaking.

The Review outlines whether the information contained in the Environmental Assessment supports the recommendations and conclusions for the selection of the proposed undertaking. Ministry staff evaluated the technical merits of the proposed undertaking, including the anticipated environmental effects and the proposed impact management measures. The Review also provides an overview and analysis of the public, agency and Aboriginal community comments on the Environmental Assessment and the proposed undertaking.

The Minister considers the conclusion of the Review when making a decision; the Review itself is not the Environmental Assessment decision-making mechanism. The Minister’s decision is expected to be made following the end of the five-week Review comment period. The Minister’s decision is subject to the approval of the Lieutenant Governor in Council.

The Review comment period allows the Government Review Team, the public and Aboriginal communities to see how their concerns with the Environmental Assessment and the proposed undertaking have been considered. During the Review comment period, anyone can submit comments on the Environmental Assessment, the undertaking and the Review. In addition, anyone can request that the Minister refer the Environmental Assessment, or any matter relating to the Environmental Assessment, to the Environmental Review Tribunal for a hearing if they believe that there are significant outstanding environmental effects that the Environmental Assessment has not addressed. Requests for a hearing can only be made during this comment period. The Minister will consider all requests and determine if a hearing is necessary.

A Notice of Completion of the Review was published in the Petrolia Topic, Sarnia This Week, and Sarnia Observer indicating that this Review has been completed and is available for a five-week comment period from January 30, 2015 to March 6, 2015. The Notice was also posted on the Ministry’s website. Copies of the Review have been placed in the same public record locations where the Environmental Assessment was available, and copies have been distributed to the Government Review Team members and potentially affected or interested Aboriginal communities. Those members of the public who submitted comments during the Environmental Assessment comment period have also received copies of the Review.

The proposed undertaking

2.1 Description

The proposed undertaking involves the vertical expansion of the existing landfill site. This vertical expansion would take place over the previously approved and landfilled areas of the site.

The existing Lambton facility–which includes the landfill site and various treatment facilities such as an incinerator, organic debris treatment, and acid/alkali pre-treatment–is located on Lot 9 and part of Lot 8, Concession 10, St. Clair Township in the County of Lambton. The site is situated at the southeast corner of Petrolia Line and Telfer Road. Situated approximately 15 kilometres southeast of Sarnia, the existing landfill occupies 56 hectares of the 121-hectare licensed property. The entrance to the facility is situated at 4090 Telfer Road. See Figure 1 for a location map.

The existing landfill site is operated by Clean Harbors under the approval of the Ministry of the Environment and Climate Change Environmental Compliance Approval number A031806. The landfill, which is one of several services offered on the site, currently occupies roughly 56 hectares of the entire 121-hectare licenced property. The landfill is permitted to accept a wide range of hazardous wastes excluding explosives, polychlorinated biphenyls and patheological wastes.

Originally the site was established for its proximity to Lambton County’s petrochemical industry and started accepting waste in 1969. Today the landfill and other on-site operations provide a centralized facility, servicing the heavily industrialized Great Lakes region (Ontario and the northeastern United States). Material is received at the facility from the Clean Harbors network of service centres, or directly from manufacturers, site remediation projects, and other generators. Approximately 170,000 tonnes of waste per year is accepted at the current facility. Operations at the facility include a laboratory for waste testing and analysis, an inorganic pre-treatment plant, an acid and alkali pre-treatment plant, a Thermal Desorber Unit for organics pre-treatment, a liquid waste injection incinerator and the landfill. The existing landfill is expected to reach capacity by late 2015 or early 2016.

The proposed vertical expansion will occur over the previously landfilled areas with the exception of sub-cells 1-3 in cell 18 situated at the northwest corner of the existing landfill. A figure showing the existing cells and on-site infrastructure is provided in Figure 2. The expansion will not include these cells because a routine inspection by Amec and Gartner Lee in 1999 revealed that gas and water in sub-cell 3 was seeping from fractures in the base of the landfill. Remedial measures were put in place and the sub-cell was backfilled with clay. As a result, fill cannot be added to this area. Since the area over sub-cells 1 and 2 would not be continuous with the proposed vertical expansion area, it was proposed not to landfill over these areas as well.

The peak elevation of landfilled waste is limited to the height of the existing perimeter berms, approximately nine metres above the surrounding existing grade. The total area of the landfill expansion is 55.6 hectares. Existing buffers between the limits of the landfill and the surrounding property boundaries will be maintained. The estimated total capacity (waste, interim and final cover, and a hydraulic control layer that will be installed between the existing landfill and the vertical expansion) of the landfill is to be between 4.5 to 5 million cubic metres over an approximate period of 25 years. The volume of the previously approved landfill capacity is approximately 7 million m3.

A perimeter leachate collection system, including the hydraulic control layer, will be installed to allow for the collection of leachate from both the expansion and the existing landfilled areas. The collected leachate will be disposed via the onsite liquid waste incinerator for treatment.

The existing site entrance from Telfer Road to the Lambton facility will continue to be utilized for the new landfill capacity.

If Environmental Assessment Act approval is granted, the Lambton Landfill Expansion will be completed in accordance with the terms and provisions outlined in the Environmental Assessment and any proposed conditions of approval, and it will include the details outlined above. In addition, Clean Harbors must still obtain all other legislative approvals required for the undertaking.

Figure 1: Site Location

Please contact EAASIBGen@ontario.ca for a copy of this figure.

Figure 2: Landfill Cells and Site Infrastructure

Please contact EAASIBGen@ontario.ca for a copy of this figure.

Results of the ministry review

The Review provides the analysis of the Environmental Assessment. The Review is not intended to summarize the Environmental Assessment, nor present the information found in the Environmental Assessment. For information on the decision making process, refer to the Environmental Assessment itself. The Environmental Assessment and supporting documentation outlines the Environmental Assessment planning process and demonstrates how the proponent has selected the preferred undertaking and made the final decision.

Conformance with the Terms of Reference and Environmental Assessment Act

3.1.1 Ministry analysis

The Ministry’s analysis of the Environmental Assessment, in part, looked at whether the requirements of the Terms of Reference have been met. The Ministry considered the contents of the approved Terms of Reference and proponent’s Environmental Assessment, along with comments from the public, Aboriginal communities and the Government Review Team, and has concluded that Clean Harbors has prepared the Environmental Assessment in accordance with the framework set out in the approved Terms of Reference, that the Environmental Assessment has sufficiently addressed the commitments made in the Terms of Reference, and that the Environmental Assessment clearly demonstrates how the requirements of the Environmental Assessment Act have been met.

Appendix A summarizes this analysis and identifies how the Terms of Reference and Environmental Assessment Act requirements have been addressed in the Environmental Assessment.

3.1.2 Consultation

One of the key requirements of the Environmental Assessment Act is pre-submission consultation completed during the preparation of the Environmental Assessment. This consultation is the responsibility of the proponent and must be undertaken prior to the submission of the Environmental Assessment and in accordance with the consultation plan outlined in the Terms of Reference.

During the preparation of the Environmental Assessment, Clean Harbors carried out a consultation process that allowed for multiple opportunities for the exchange and review of information pertaining to the proposed Project by the Government Review Team, public and Aboriginal communities.

In accordance with the consultation commitments that were outlined in the approved Terms of Reference, Clean Harbours carried out the following consultation methods during the preparation of the Environmental Assessment:

  • Establishing and maintaining a stakeholder contact list
  • Providing Project related information and updates throughout the Environmental Assessment process by way of a Project web site, Environmental Assessment hotline, the publication of newsletters and factsheets, written and electronic correspondence, and holding two Public Open Houses
  • Advertisements in the local newspaper providing notice of formal Project milestones, and consultation events
  • Correspondence with government agencies to discuss relevant issues and mandates
  • Meetings with interested Aboriginal communities
  • Maintaining a consultation database and Record of Consultation documenting all issues or concerns that were raised during the preparation of the Environmental Assessment, and the responses to them
  • The circulation of draft technical work plans, draft existing conditions reports, draft Conceptual Design Report, draft net effects analysis and comparative evaluation reports to interested stakeholders, Government Review Team and Aboriginal communities for review and comment
  • The circulation of a Draft Environmental Assessment to the Government Review Team, St. Clair Township and Aboriginal communities for review and comment. Notification that the Draft Environmental Assessment Report was available for public review was made by letter and advertisements in local newspapers.

The objectives of Clean Harbors' consultation process were to:

  • Identify government agencies, Aboriginal communities, and public stakeholders who may have an interest in the Lambton landfill Environmental Assessment
  • Identify government agency, Aboriginal communities and public stakeholder issues and concerns related to the proposed Project so that they could be addressed within the Environmental Assessment process
  • Inform government agencies, Aboriginal communities and public stakeholders about the nature of the Project; the scope of the Environmental Assessment; opportunities to become involved and/or provide input to the Environmental Assessment report; and the results of the Environmental Assessment; Communicate to government agencies, Aboriginal communities and public stakeholders how the Environmental Assessment process has incorporated or addressed the issues and concerns identified during the stakeholder engagement process
  • Communicate to government agencies, Aboriginal communities and public stakeholders how the Environmental Assessment process has incorporated or addressed the issues and concerns identified during the stakeholder engagement process
  • Document the process and results of the government agency, Aboriginal communities and public stakeholder engagement and communication process undertaken as part of the Environmental Assessment

In accordance with the requirements under Section 6(3) of the Environmental Assessment Act, Clean Harbors documented its consultation process in a Record of Consultation, which provides a summary of the issues and concerns raised during the consultation process on the Environmental Assessment. The Record of Consultation was provided as a stand-alone document to accompany the Environmental Assessment Report.

Once the Environmental Assessment was submitted to the Ministry, additional Ministry lead consultation occurred during the formal Environmental Assessment comment period. The Government Review Team, the public and potentially affected Aboriginal communities were provided with the opportunity to review the Environmental Assessment and to submit comments to the Ministry on whether the requirements of the Terms of Reference had been met, on the Environmental Assessment itself and on the proposed undertaking. All comments received by the Ministry during the Environmental Assessment comment period were forwarded to Clean Harbors for a response. Summaries of the all comments received along with Clean Harbors' responses are included in Tables 1 to 3 of Appendix B. Copies of the submissions are also available in Appendix B of this Review.

Government Review Team consultation

During the preparation of the Environmental Assessment, Clean Harbors engaged in consultation with members of the Government Review Team. The purpose this consultation was to identify those regulatory agencies and Government Review Team members that may have a potential interest or mandate in the proposed undertaking and to identify any potential concerns about the proposed undertaking. Clean Harbours sought input from the members of the Government Review Team through a variety of means including telephone calls, written and electronic correspondence, formal meetings and presentations. The Draft Existing Conditions Reports, Draft Conceptual Design Report and Draft Environmental Assessment Report were also provided to the Government Review Team for review and comment. A summary of the consultation process carried out during the preparation of the Environmental Assessment with members of the Government Review Team, the comments received and Clean Harbors' responses to them can be found in Section 8.0 of the Environmental Assessment and in the Record of Consultation.

Once the proponent finalized its Environmental Assessment, members of the Government Review Team were also provided with an opportunity to review and comment on the Environmental Assessment during the seven week inspection period, which commenced with the formal submission of the Environmental Assessment on October 17, 2014. The inspection period was coordinated by the Ministry, and members of the Government Review Team were asked to provide any comments directly to the Ministry for consideration. All comments received by the Ministry were forwarded to Clean Harbors for a response. A summary of the comments received and Clean Harbors' responses can be found in Table 1 of Appendix B of this Review.

The Ministry received comments from seven government reviewers during the formal inspection period on the Environmental Assessment. Comments were received from the Ministry of Tourism, Culture and Sport, Ministry of Energy, Lambton Public health, Conseil Scolaire Viamonde, Ministry of Transportation and St. Clair Region Conservation Authority. The Ministry of the Environment and Climate Change’s technical reviewers also undertook their own analysis of the Environmental Assessment. A summary of the key issues raised is provided in sections 3.2.1 and 3.3.1 of this Review.

Public consultation

Members of the public, including St. Clair Township, were provided with several opportunities to participate and provide input during the preparation of the Environmental Assessment. St. Clair Township formed a Peer Review Team for the purpose of the review and providing input on the Environmental Assessment. Clean Harbors carried out consultation during the preparation of the Environmental Assessment with members of the public in a variety of ways, including: holding two Public Open Houses; written correspondence; newspaper notifications of Environmental Assessment milestones and consultation opportunities; Project email and telephone hotline; and posting information and materials to a Project website. The members of the public were also directed to the draft Existing Conditions Reports for review. St. Clair Township was also provided the opportunity to comment on the draft Conceptual Design Report. In addition, the draft Environmental Assessment Report was also made available to the public and the Township for review and comment. The objective of public consultation was to inform and seek input from interested members of the public on the Environmental Assessment process and the proposed undertaking. A summary of the consultation process carried out during the preparation of the Environmental Assessment with members of the public, the comments received and Clean Harbors' responses can be found in Section 8 of the Environmental Assessment and the Record of Consultation.

both Public Open Houses held were advertised in local newspapers, including the Sarnia Observer, Sarnia-Lambton This Week and Petrolia Topic. The first Public Open House held on January 21, 2014 followed the distribution of the draft Net Effects Analysis and Comparison Evaluation Reports. This Open House was held to present the two alternatives for the Project, review the results of the draft Net Effects Analysis and Comparison Evaluation Reports, discuss next steps in the Environmental Assessment process and receive feedback from the participants. The second Public Open House held on April 10, 2014 followed the notification that the preferred alternative (Alternative 1) was chosen. The purpose of this Open House was to review the results of the overall comparative evaluation and cumulative effects analysis, present the preferred alternative, discuss next steps in the Environmental Assessment process and receive feedback from participants. Summaries of the Public Open Houses can be found in Appendix D of the Record of Consultation.

Members of the public were also provided with an opportunity to review and comment on the Environmental Assessment during the seven week inspection period that commenced with the formal submission of the Environmental Assessment on October 17, 2014. The inspection period was coordinated by the Ministry and members of the public were asked to provide any comments directly to the Ministry for consideration. A summary of the comments received and Clean Harbors' responses can be found in Table 2 of Appendix B of this Review.

The Ministry received comments from a member of the public with concerns about compensation to landowners in the vicinity of the facility and how the facility reporting noise and odour complaints. St. Clair Township stated its support for the undertaking but shared some concerns regarding the air quality monitoring program, leachate collection, groundwater monitoring, surface water management, and the proponent voluntarily making public all facility-related complaints. A summary of the key issues raised by the Township and the public is provided in Section 3.3.1 of this Review.

Aboriginal community consultation

During the preparation of the Environmental Assessment, Clean Harbors contacted both the Ministry of Aboriginal Affairs. The purpose of which was to seek guidance in identifying those Aboriginal communities that may have an interest or be potentially impacted by the proposed undertaking, and should therefore be involved in the Environmental Assessment process. The following Aboriginal communities and organizations were identified as having a potential interest in the proposed undertaking:

  • Walpole Island First Nation
  • Aamjiwnaang First Nation
  • Kettle Point First Nation
  • Moravian of the Thames First Nation
  • Oneida of the Thames
  • Chippewas of the Thames First Nation
  • Munsee-Delaware First Nation
  • Caldwell First Nation

Aboriginal communities were contacted at key milestones during the preparation of the Environmental Assessment, including the Notice of Environmental Assessment Commencement, Notice of Environmental Assessment Re-start, Notification of Public Open Houses and the Notice of Completion, as well as for the review of technical documents (technical work plans, draft existing conditions reports, draft Conceptual Design Report, draft net effects and comparative evaluation reports, cumulative effects assessment, and draft Environmental Assessment report). Clean Harbors sought input from the Aboriginal communities through a variety of means including telephone calls, written and electronic correspondence, formal meetings and presentations.

The two Aboriginal communities that participated most actively throughout the process were Walpole Island First Nation and Aamjiwnaang First Nation, largely because they are situated the closest to the Lambton facility. Clean Harbors held a total of nine meetings with Walpole Island First Nation, and eleven meetings with Aamjiwnaang First Nation. Representatives of Walpole Island First Nation and Aamjiwnaang First Nation participated in data collection activities to inventory the existing conditions. These included aquatic and terrestrial monitoring on June 7 and 8, 2011 and observation of drilling work related to the existing landfill cap during a site tour on November 14, 2011. In addition, Clean Harbors invited representatives from the Walpole Island First Nation and Aamjiwnaang First Nation to observe the Stage 2 archaeological assessment that was conducted on April 22, 2014 on those areas to be disturbed by the Preferred Alternative. The study was observed by a monitor on behalf of Aamjiwnaang First Nation.

A summary of the consultation process carried out during the preparation of the Environmental Assessment with Aboriginal communities, the comments received and the proponent’s responses to them can be found in Section 8 of the Environmental Assessment and the Record of Consultation.

Aboriginal communities were provided with an opportunity to review and comment on the Environmental Assessment during the seven-week public inspection period that commenced with the formal submission of the Environmental Assessment on October 17, 2014. A DVD of the complete submission was provided to each Aboriginal community along with the Notice of Submission. At its request, a hard copy of the main body and a DVD of the appendices were provided to Caldwell First Nation. The inspection period was coordinated by the Ministry, and Aboriginal communities were asked to provide any comments directly to the Ministry for consideration. All comments received by the Ministry were forwarded to Clean Harbors for a response. A summary of the comments received from the Aboriginal communities and Clean Harbors' responses can be found in Table 3 of Appendix B of this Review.

Throughout the the seven-week inspection period on the Environmental Assessment, the Ministry contacted each of the Aboriginal communities through email or phone call to confirm that each community received the Project information that was circulated as part of Clean Harbors' consultation process, and to determine if those communities had any outstanding issues or concerns. The Chippewas of the Thames First Nation confirmed that they had received the final Environmental Assessment Report and indicated that they would provide comments before the end of the seven week deadline. The Ministry followed up to request the comments; however, no comments were received. No comments were received from Kettle Point First Nation, Moravian of the Thames First Nation, Oneida of the Thames, Munsee-Delaware First Nation, or Caldwell First Nation.

On behalf of Walpole Island First Nation, Neegan Burnside Ltd. provided comments on the final Environmental Assessment. The comments detailed Walpole Island First Nation’s interpretation of the commitments developed by Clean Harbors based on their comments received on the Draft Environmental Assessment. Clean Harbors confirmed Walpole Island’s interpretation of each of the commitments made by Clean Harbors regarding consultation on subsequent phases of the development of the proposed Project.

On behalf of Aamjiwnaang First Nation, Neegan Burnside Ltd. also provided comments on the final Environmental Assessment. The comments note Clean Harbors' continued effort to consult with Aamjiwnaang First Nation, but also indicate that there is concern that the proponent will cease to engage the community once the Minister makes a decision on the Environmental Assessment. In addition, comments focused on the commitment to include Aamjiwnaang in the consultation on the Habitat Compensation Plan, concern with the stormwater management system design to a 1:25 storm event, and satisfaction that a number of concerns regarding design and monitoring can be considered at submission of the Environmental Compliance Approval application. Aamjiwnaang First Nation also submitted a standard operating procedure for a single packer setup and groundwater sampling. In response to the concerns regarding post-decision engagement with the community, Clean Harbors indicated that they have entered into a formal agreement with Aamjiwnaang First Nation, which includes a forum for mutual communication and information exchange between both parties. In addition, Clean Harbors has committed to fulfill the commitments outlined in the Environmental Assessment for monitoring if the Environmental Assessment is approved. Clean Harbors acknowledged that Aamjiwnaang First Nation will be consulted during the preparation of the Habitat Compensation Plan. Clean Harbors indicated that the stormwater management system will be developed as part of the Environmental Compliance Approval application, at which time they will consult with Aamjiwnaang First Nation on the design. Clean Harbors also requested that they discuss the standard operating procedures with the Ministry and Aamjiwnaang First Nation to confirm how the standard operating procedures can be applied to assist in the investigations.

A summary of the key issues raised by Aboriginal communities is provided in sections 3.2.1 and 3.3.1 of this Review.

Ministry conclusions on the consultation program

Overall, the Ministry is satisfied that Clean Harbors has provided sufficient opportunities for interested members of the public, Government Review Team and Aboriginal communities to be consulted during the preparation of the Environmental Assessment. The Environmental Assessment clearly documents the consultation methods utilized by Clean Harbors to engage these groups during the Environmental Assessment process, and clearly sets out the issues and concerns raised and how they have been addressed. Clean Harbors has provided additional responses to comments made on the final Environmental Assessment to clarify how outstanding issues have been or will be addressed. Should the Environmental Assessment be approved, the Clean Harbors has committed to continue its consultation efforts with interested members of the public, Government Review Team and Aboriginal communities during the detail design, monitoring and implementation of the proposed undertaking.

3.1.3 Conclusion

The Ministry is satisfied that consultation on the Environmental Assessment has been undertaken in accordance with the requirements of the Terms of Reference and demonstrates how the required components of the Environmental Assessment Act for consultation have been met.

3.2 EA Process

EA is a planning process that requires a proponent to identify an existing problem or opportunity; consider alternative ways of addressing the problem or opportunity; evaluate the environmental effects of a reasonable range of alternatives; and, select a preferred alternative that will become the undertaking for which approval under the Environmental Assessment Act will be sought.

The Lambton landfill is the only commercial hazardous waste landfill in Ontario, servicing the Great Lakes region. At the average filling rate of 170,000 tonnes per year, the landfill is projected to reach its current approved capacity by the end of 2015 or in early 2016.

The Terms of Reference was approved on December 20, 2010. The Environmental Assessment process was initiated by Clean Harbors on March 24, 2011, with the publication of a Notice of Commencement of an Environmental Assessment. The purpose of undertaking the Environmental Assessment process was to complete an evaluation of the alternative designs for the expansion of the landfill. Following the selection of the preferred expansion design, the potential effects of the preferred undertaking and impact management measures intended to minimize or avoid any potential negative effects of the preferred undertaking were identified and described.

In late 2011, the Ministry confirmed that odours coming from Clean Harbors' leachate were causing an adverse effect on residents living near the facility. The Ministry issued two Director’s Orders for Clean Harbors to resolve the odour issues caused by their leachate. Clean Harbors submitted a short-term odour abatement plan and a long-term plan to fully resolve the accumulation and storage of leachate at their site. As a result of these operational issues causing nuisance odours from the landfill, the Environmental Assessment was put on hold from late 2011 to mid-2012 so Clean Harbors could resolve the issues to the Ministry’s satisfaction. A Notice of the Environmental Assessment Re-start was subsequently issued in August 2012 to the Peer Review Team, Government Review Team, public and Aboriginal communities via mail, the Project website and advertisement in local newspapers.

In accordance with the approved Terms of Reference, Clean Harbors prepared an Environmental Assessment pursuant to subsection 6.1(3) of the Environmental Assessment Act, which states that an Environmental Assessment may consist of information other than the generic requirements as outlined in subsection 6.1(2). This approach was designed for proponents who are more advanced in their decision making, such as proponents who have already identified a specific undertaking for which the consideration of Alternatives To is not appropriate or who have completed a separate planning process that resulted in the identification of a preferred Alternative To. Proponents preparing an Environmental Assessment in accordance with subsection 6.1(3) of the Environmental Assessment Act may focus the Environmental Assessment process on the assessment of Alternative methods. The Environmental Assessment provides a justification for focusing the Environmental Assessment based on the assessment of Alternatives To carried out by Clean Harbors in the approved Terms of Reference.

The preparation of the Environmental Assessment was focused on the selection and evaluation of a reasonable range of Alternative methods or potential designs for the expansion of the Lambton landfill within a defined Study Area. In accordance with the approved Terms of Reference, the Study Area for the Environmental Assessment process was identified as the existing 121-hectare licenced facility as well as potentially affected surrounding areas. The Lambton facility is located at 4090 Telfer Road in Corunna, Ontario, situated approximately 15 kilometres southeast of Sarnia, in St. Clair Township, in the County of Lambton.

In accordance with the approved Terms of Reference, Clean Harbors carried out studies and research to compile an inventory of the existing natural, socioeconomic and cultural environments of the Study Area. The inventory was used to establish the baseline conditions for which the potential effects of the proposed undertaking would be assessed during the preparation of the Environmental Assessment. A description of the existing environment and the components of the environment that could be potentially affected by each of the alternatives being considered can be found in Section 4 of the Environmental Assessment.

The preliminary screening of Alternatives To was completed in the approved Terms of Reference; therefore, no evaluation of Alternatives To was required for the Environmental Assessment. The Environmental Assessment identified and evaluated a reasonable number of landfill expansion designs within the Environmental Assessment Study Area (Alternative methods). A summary of the evaluation method used to identify and evaluate potential designs for the Lambton landfill expansion is provided in Section 5 of the Environmental Assessment.

Two alternative methods were identified for the proposed undertaking:

  1. vertical expansion on-site
  2. off-site expansion to the south of the existing facility

The alternative methods were evaluated against a range of criteria and indicators related to the natural, socio-economic, cultural and built environments, as well as a range of technical engineering considerations. The criteria and indicators were weighted based on the relative importance to each component of the Study Area environment, based upon public and Aboriginal input, and were then compared qualitatively by individual criterion, category, and overall. The alternative method that was preferred for most of the evaluation criteria, also considering their relative weightings, was identified as the preferred design. The evaluation was built upon baseline data and the existing conditions in the Study Area. A summary of the evaluation of alternative wharf can be found in Section 7 of the Environmental Assessment. The advantages and disadvantages for the preferred alternative are discussed in Subsection 7.2 of the Environmental Assessment.

Based on the results of the evaluation of alternative methods, Clean Harbors identified the preferred design for the expansion of the Lambton landfill to be vertical expansion of the existing landfill. A detailed description of the preferred alternative can be found in Section 5 of the Environmental Assessment and a summary of the comparative evaluation of the alternative methods is presented in Table 7-3 of the Environmental Assessment.

In accordance with the approved Terms of Reference, Clean Harbors completed an assessment of the proposed undertaking, including the identification of potential effects, and impact management measures to address the potential effects of the proposed preferred undertaking on the natural, social, economic, cultural and built environments. The potential effects, proposed impact management measures and resulting net effects of the alternative methods can be found in Section 6 and in Tables 6-2 through 6-37 of the Environmental Assessment.

As part of the preferred undertaking, Clean Harbors developed an ongoing consultation plan, for after submission of the Environmental Assessment, which is discussed in Subsection 8.4 of the Environmental Assessment. The objectives of the monitoring and contingency plan are to:

  • Continue to participate in the Community Liaison Committee, including providing an update on facility operations at quarterly meetings
  • Continue to engage Walpole Island First Nation and Aamjiwnaang First Nation throughout the permitting and operation phases
  • Continue to consult with the community on the continuation of the Good Neighbour Program
  • Consult with the Township of St. Clair and other government agencies regarding permitting requirements

Clean Harbors also developed an environmental effects and Environmental Assessment compliance monitoring plan. A summary of the draft monitoring and contingency plan can be found in Table 9-1 of the Environmental Assessment. The objectives of the plan are to:

  • Ensure that the predicted net effects are not exceeded
  • Address unexpected negative environmental effects
  • Determine the effectiveness of the implemented mitigation measures
  • Demonstrate that the undertaking has been constructed, operated and maintained in accordance with the mitigation measures and commitments outlined in the Environmental Assessment

The plans apply to all phases of the undertaking including: pre-construction, construction and operations and maintenance. In some cases, monitoring reports will be provided to the appropriate agency for review.

Clean Harbors followed a logical and transparent decision making process that was clearly outlined in the Environmental Assessment. The Environmental Assessment provides an evaluation of a reasonable range of viable alternative designs that satisfy the purpose of the undertaking. The analysis and evaluation of alternatives assessed the potential environmental effects for the alternative designs. An assessment of the potential effects, net effects, and advantages and disadvantages of the alternative methods was completed, and impact management measures were developed to mitigate the potential negative environmental effects.

3.2.1 Key issues

A detailed summary of the comments received during the preparation of the Environmental Assessment, and how the issues raised were addressed, can be found in Section 8 of the Environmental Assessment. Table 9-2 of the Environmental Assessment summarizes the commitments made by Clean Harbors during the Environmental Assessment process as a result of comments raised during consultation. The comments received, and Clean Harbors' responses to them, are also documented in a Record of Consultation provided with the Environmental Assessment.

As discussed in Section 3.1.2, a number of opportunities were provided to interested parties to review and comment during the Environmental Assessment process. Submissions received by the Ministry during the first comment period can be found in Appendix B of this Review. All comments, including Clean Harbors' responses and the Ministry’s level of satisfaction, can be found in Tables 1 to 3 of Appendix B of this Review.

Ministry of Tourism, Culture and Sport

The Ministry of Tourism, Culture and Sport’s heritage planner indicated that the Stage 2 archaeological assessment has been entered into the Ontario Public Register of Archaeological Reports but the report is not documented in the Environmental Assessment, and that the cemetery documented in the Stage 1 archaeological assessment is not documented in the Stage 2 archaeological assessment. In response, Clean Harbors shared that the Stage 2 archaeological assessment is referenced in Subsection 7.4 and included as Appendix H of the Environmental Assessment. Clean Harbors stated that historic cemetery, associated with the Providence methodist Church which was formerly located on the southwest corner of the Telfer Road and Petrolia Line intersection, is located external to the facility’s perimeter berms and no work will occur in this area as part of the Project because the preferred alternative method was determined to be vertical expansion on-site.

Ministry of Transportation

The Ministry of Transportation indicated that the proposed Project is located outside of the permit control area defined under the Public Transportation and Highway Improvement Act; therefore, the Ministry of Transportation permits are not required as part of the proposed Project. The Ministry of Transportation also acknowledged that the proponent addressed their concern by identifying a contingency plan for alternative haul routes in the event of provincial highway closures. The Ministry of Transportation indicated that they had no further concerns with the proposed Project.

Aamjiwnaang First Nation

On behalf of Aamjiwnaang First Nation, Neegan Burnside Ltd. noted Clean Harbors' continued effort to consult with Aamjiwnaang First Nation, but also indicated that there are concerns that the proponent will cease to engage the community once the Minister makes a decision on the Environmental Assessment. In addition, comments focused on the commitment to include Aamjiwnaang in the consultation on the Habitat Compensation Plan. In response to the concerns regarding post-decision engagement with the community, Clean Harbors indicated that they have entered into a formal agreement with Aamjiwnaang First Nation, which includes a forum for mutual communication and information exchange between both parties. Clean Harbors has also committed to fulfill the commitments outlined in the Environmental Assessment for monitoring if the Environmental Assessment is approved. Clean Harbors acknowledged that Aamjiwnaang First Nation will be consulted during the preparation of the Habitat Compensation Plan.

A number of commitments were made throughout the Environmental Assessment that will be implemented during detailed design (Table 9-2 of the Environmental Assessment). No public comments were received on the final Environmental Assessment with regards to the Environmental Assessment process.

3.2.2 Conclusion

Overall, the Ministry, in consultation with the Government Review Team, public and Aboriginal communities, is satisfied that the proponent’s decision making process meets the requirements of the approved Terms of Reference and Environmental Assessment Act. The Ministry is satisfied with the responses provided by the proponent to comments raised by the Government Review Team, the public and Aboriginal communities.

The Environmental Assessment contains a brief explanation of the opportunity that prompted the Environmental Assessment process, and presented an evaluation of a reasonable range of alternative methods of addressing the opportunity for the Lambton landfill. A qualitative evaluation of alternative expansion designs was completed using criteria and indicators that considered the broad definition of the environment.

The Environmental Assessment includes a thorough description of the potentially affected environment in the Environmental Assessment Study Area, and identifies the elements of the environment that may be affected by the alternatives that were evaluated as part of the Environmental Assessment planning process. The advantages and disadvantages for the alternative designs were provided in the Environmental Assessment.

The Ministry is therefore satisfied that the Environmental Assessment demonstrates, through a logical and transparent process, why the preferred alternative was selected; and that the Environmental Assessment was completed in accordance with the approved Terms of Reference and the requirements of the Environmental Assessment Act. The Ministry is also satisfied that Clean Harbors has provided adequate responses to address the Environmental Assessment process concerns raised by members of the public, Government Review Team and Aboriginal communities during the preparation of the Environmental Assessment and the Environmental Assessment comment period.

3.3 Proposed undertaking

As summarized in Section 2 of this Review, the proposed undertaking is the vertical expansion of the existing Clean Harbors Lambton Landfill, situated approximately 15 kilometres southeast of Sarnia, in St. Clair Township, in the County of Lambton (Figure 1 of this Review). A detailed description of the proposed undertaking can be found in Section 5 of the Environmental Assessment.

The vertical expansion alternative selected in the assessment of alternative methods will add approximately 4.5 to 5 million cubic metres of capacity to the landfill, allowing for continued operation of the facility for approximately another 25 years.

The proposed undertaking is clearly described in Clean Harbors' Environmental Assessment documentation, and the undertaking was selected based on an evaluation of alternative designs, including a comparison of advantages and disadvantages and an assessment of potential effects on the environment. A broad definition of the environment was used in order to evaluate all potential effects.

3.3.1 Key issues

A detailed summary of the comments received during the preparation of the Environmental Assessment, and how the issues raised were addressed, can be found in Section 8 and Table 9-2 of the Environmental Assessment. The comments received, and Clean Harbors' responses to them, are also documented in a Record of Consultation provided with the Environmental Assessment.

Key issues regarding the Environmental Assessment process completed by Clean Harbors for the Lambton Landfill Expansion were gathered during the presubmission consultation and the Environmental Assessment review comment period. A summary of the key issues raised during the seven-week comment period are described below, as well as the responses provided by the proponent. Comment submissions can be found in Appendix B. All comments, including Clean Harbors' responses and the Ministry’s level of satisfaction can be found in Tables 1 to 3 of Appendix B of this Review.

Ministry of the Environment and Climate Change

The Ministry’s technical reviewers provided a number of comments regarding expectations for the Environmental Compliance Approval application, ongoing monitoring of tree foliage for changes in offsite deposition of contaminants, classification for the noise assessment, surface water and air quality. The Ministry’s wastewater reviewer, human health risk assessment reviewer, and Sarnia District Office indicated that they were satisfied that their previous comments had been addressed and had no further comments on the final Environmental Assessment.

The waste engineer indicated that although the landfill site is not subject to Ontario Regulation 232/98 (Landfilling Sites), the Ministry’s expectation is that the same assessments be included in the Environmental Compliance Approval application. The waste engineer requested that the Design and Operations Report submitted with the Environmental Compliance Approval include a commitment to replace the stone within the leachate control trench every 50 years, include information on miscellaneous infrastructure (i.e. luger boxes), geotechnical calculations, and monitoring of engineered systems. The waste engineer requested further information or rationale on why venting of landfill gas was not proposed, discussion on the potential impacts to surface water features due to potential leachate seeps, monitoring of landfill gas, and managing odours. In addition, the waste engineer asked for clarification if the calculations for leachate generation and water management included both the existing landfill and proposed expansion.

Clean Harbors responded that the Design and Operations Report prepared for the Environmental Compliance Approval application will outline the need, and procedures, for the removal and disposal of clear stone removed from the leachate control trench in the future, if required. The report will also include details regarding miscellaneous infrastructure, include geotechnical calculations and address potential leachate seepage in the Design and Operations Report and/or Conceptual Design Report submitted with the Environmental Compliance Approval application. With regards to venting of landfill gas, the proponent responded that Clean Harbors owns a number of hazardous landfill sites, and in its experience, none have generated gasses. The current Lambton landfill has a clay cover and no gas generation has been identified. The proponent has committed to considering landfill gas monitoring as part of the Environmental Compliance Approval application. In addition, the Fugitive Dust and Odour Best Management Plan would be updated for the Environmental Compliance Approval application. The proponent also confirmed that the calculations for water management were for Alternative 2 and included both the existing landfill and proposed expansion. The calculations for leachate management for Alternative 1 included both the existing and proposed facilities.

The reviewer from the Ministry’s Terrestrial Assessment and Field Services Unit indicated that the mitigation measures proposed in the Environmental Assessment to reduce offsite impacts from dust and other emissions to trees are acceptable. The reviewer also indicated that ongoing monitoring proposed by the proponent of tree foliage and soil in the vicinity of the facility by both Clean Harbors and the Ministry is sufficient to detect any changes in offsite deposition of contaminants.

The noise reviewer indicated that the Lambton landfill is located in a rural area which is best classified as a Class 3 Area (Rural) per the Ministry’s noise guidelines. The noise reviewer identified that the proponent considered a number of residences along Petrolia Line, which would classify the area as a Class 2 Area (Urban). The noise reviewer suggested that the area be classified as a Class 3 Area, and that traffic noise could be used to account for elevated background sound levels. The noise reviewer also provided elevated background sound levels from a previous report from 2007 for the sensitive receptors located along Petrolia Line that could be used in lieu of those sound levels provided in the noise reports submitted by the proponent. The proponent responded that the area should be classified as a Class 2 Area because of the receptors along Petrolia Line because of the significant arterial road traffic. Regardless, the proponent indicates that the facility will be less than 40 decibels at all receptors at night after abatement. The noise reviewer responded by stating that the classification will not affect the findings of the Environmental Assessment because the proposed undertaking is expected to meet the noise guidelines for both classifications.

The proponent stated in the Environmental Assessment that the air quality monitoring program for the proposed Project would be the same as that of the current site. The air compliance engineer indicated that the air quality monitoring program would need to be revisited to ensure that the appropriate parameters and monitoring locations were used to assess offsite air quality impacts of the proposed Project. The air compliance engineer indicated that as a condition of Environmental Compliance Approval approval that a revised air quality monitoring program be submitted to the Ministry for review. Clean Harbors acknowledged the comment. In addition, the air compliance engineer confirmed that their previous comments on the emission calculations and air dispersion modelling had been addressed in the final Environmental Assessment Report.

The Ministry’s air quality analyst requested clarity on the statement made by the proponent in the Environmental Assessment that no offsite odour impacts from the facility are expected under normal operations. The proponent responded that under normal operations, there are no expected offsite odour impacts above Ministry odour limits. The air quality reviewer also requested clarity on how the indicator compounds were chosen for assessment. The proponent confirmed that all compounds released from the facility were assessed and included in the Emission Summary and Dispersion Modelling Report. The indicator compounds were identified as those compounds that the proponent determined to be emitted from the facility theough stack testing, ambient air monitoring and engineering methods. The air quality reviewer requested that particulate modelling for onsite contamination through traffic between cells include analysis of onsite particulate and soil that may be carried offsite by wind or vehicles. The proponent responded that the method for assessing fugitive emissions from onsite traffic included the assessment of metals entrained by particulate and their potential offsite impacts. Clean Harbors indicated that this information is included in Appendix A of the Emission Summary and Dispersion Modelling Report. The air quality reviewer suggested that a more comprehensive analysis of conditions leading to offsite odours be prepared and submitted to the Ministry. A condition of approval for the Environmental Compliance Approval was also recommended to limit operations during high winds and/or when other situations of offsite concentrations may be high. The air quality reviewer also included a list of parameters that should be included in the air quality monitoring program.

The surface water reviewer agreed with a recommendation from St. Clair Township made in a letter dated August 28, 2014 to Clean Harbors that the proponent provide a list of chemical parameters in addition to chlorides to be monitored downstream from the current site, and notes that Section 8.3.8.2 of the Environmental Assessment includes the commitment to review and modify the existing monitoring program, as appropriate, for the Environmental Compliance Approval application. The surface water reviewer stated that the Environmental Assessment concludes that the waste plumes in the overburden can be managed for the contaminating lifespan of the facility; therefore, the preferred alternative (Alternative 1) should not have a significant impact on surrounding watercourses.

The hydrogeological reviewer requested that if Alternative 1 is carried forward, then more information on the final configuration of the hydraulic control layer and hydraulic control trench will need to be provided when the Environmental Compliance Approval application is submitted. The hydrogeologist requested that more information on the disposal of leachate offsite when the onsite incinerator is decommissioned be included in the Environmental Compliance Approval application. In addition, the Ministry’s hydrogeologist requested further clarity in the Environmental Compliance Approval application on the proponent’s commitment not to allow the leachate head to increase above the leachate head at the existing Lambton landfill facility. Clean Harbors acknowledged the hydrolgeologist’s comments to provide the above information in the Environmental Compliance Approval application.

St. Clair Region Conservation Authority

The St. Clair Region Conservation Authority confirmed that there are no natural hazard concerns, or concerns associated with Ontario Regulation 171/06 (St. Clair Region Conservation Authority Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses) because the locally significant wetland is not regulated and there is no direct hydrogeologic connection with a surface watercourse at the location of the proposed Project. Therefore, no written permission from the St. Clair Region Conservation Authority is required for the initiation of the landfill expansion under Ontario Regulation 171/06.

St. Clair Township

St. Clair Township provided a number of comments in response to receiving the final Environmental Assessment. Included in the package was a summary outlining the Township’s involvement throughout the Environmental Assessment process, the peer review of the draft Environmental Assessment document, Clean Harbors' response to the 17 Peer Review Team summary recommendations, which were included as 13 commitments in Section 9.2 of the final Environmental Assessment and a table with the Peer Review Team’s comments on the final Environmental Assessment. The Township’s comments focused on the commitments made by Clean Harbors to be considered during the preparation of the Environmental Compliance Approval application. These comments included revisions to the Air Quality Monitoring Program, consideration of landfill design and operations items provided in the Peer Review Team final review, assessment of existing conditions which addresses items in the Peer Review Team’s final review, surface water monitoring and mitigation, a commitment to complete a human health risk assessment, and continued commitment to make complaints submitted to Clean Harbors available for public review. In response to these comments from the Peer Review Team, Clean Harbors indicated that it would review the Air Quality Monitoring Program, meet or exceed applicable aspects of Ontario Regulation 232/98 (Landfilling Sites), consult with the Township on details of how the landfill design will be protective of groundwater and ongoing monitoring of groundwater, implement modifications to the surface water monitoring program, review the biomonitoring program, and review the complaints procedure. Clean Harbors indicated that all of these commitments will be implemented during the completion of the Environmental Compliance Approval application.

Public

A member of the public indicated that they have reported complaints regarding noise and odour from the facility. The member of the public was concerned that the proponent does not record all of the complaints received. The member of the public believes that the Good Neighbour Program implemented by the proponent does not cover a large enough area in which potential impacts occur. In addition, the member of the public feels that the community liaison committee, which is made up of Clean Harbors staff, municipal officials and members of the public that receive compensation form the Good Neighbor Program, is biased toward members that are actively involved in decision-making for the landfill. The member of the public indicated that they have requested to be part of the community liaison committee, but has yet to be invited to the meetings. The proponent responded with regards to the member of the public’s complaints made about noise and odour have been recorded in accordance with the current Environmental Compliance Approval condition for a Complaints Response Procedure. The proponent responded that all complaints are investigated by the shift supervisor at the time of the complaint and that a Fugitive Dust and Odour Best Management Plan has been put in place for the current facility. In response to concerns about the Good Neighbor Program, Clean Harbors indicated that the program was implemented in 1996 in consultation with the local community and does not intend to revise the provisions of the program. In response to concerns about the Community Liaison Committee, the proponent responded that along with the Good Neighbour Program, it was also established in 1996 as part of the previous Environmental Assessment approval. The members of the Community Liaison Committee were identified at that time. The proponent also clarified that the Community Liaison Committee has no authority on the compensation paid out through the Good Neighbour Program. The proponent has informed the Community Liaison Committee of the member of the public’s request to attend the meetings.

Aamjiwnaang First Nation

On behalf of Aamjiwnaang First Nation, Neegan Burnside Ltd. expressed a concern with the stormwater management system design to a 1:25 storm event, and submitted a standard operating procedure for a single packer setup and groundwater sampling. In response, Harbors indicated that the stormwater management system will be developed as part of the Environmental Compliance Approval application, at which time they will consult with Aamjiwnaang First Nation on the design. Clean Harbors also requested that they discuss the standard operating procedure with the Ministry and Aamjiwnaang First Nation to confirm how the standard operating procedure can be applied to assist in the investigations.

3.3.2 Conclusion

The Ministry is satisfied that the information contained in the Environmental Assessment, as well as the responses to comments on the final Environmental Assessment, supports the recommendations and conclusions for the selection of the proposed undertaking. The Ministry is also satisfied that environmental effects of the proposed undertaking have been clearly identified, and that these effects can be managed through the commitments made in the Environmental Assessment, through conditions of Environmental Assessment approval, or through additional work that must be carried out by Clean Harbors in support of future approval or permitting applications.

Summary of the ministry review

The purpose of this Ministry Review is to determine if Clean Harbors has prepared its Environmental Assessment for the Lambton Landfill Expansion in accordance with the approved Terms of Reference and the requirements under the Environmental Assessment Act. This Review also concludes whether the evaluation in the Environmental Assessment is sufficient to allow the Minister to make a decision about the proposed undertaking. On the basis of this Review, the Ministry has concluded that:

  • The Environmental Assessment has been prepared in accordance with Clean Harbors' approved Terms of Reference and the requirements under subsection 6.1(3) of the Environmental Assessment Act
  • The Environmental Assessment has identified and evaluated a reasonable range of alternatives to arrive at a preferred undertaking
  • The Environmental Assessment has identified and evaluated the potential environmental effects for the alternative methods to the undertaking and completed an assessment of the potential environmental effects of the proposed undertaking
  • The Environmental Assessment has provided a description of the proposed impact management measures and monitoring and contingency plan to address the potential negative environmental effects of the preferred undertaking
  • The Environmental Assessment contains sufficient impact management measures and monitoring and contingency measures to ensure that the potential negative environmental effects of the undertaking will be minimized
  • Clean Harbors has provided sufficient time and opportunities for interested members of the public, Government Review Team and Aboriginal communities to participate and comment on the preparation of the Environmental Assessment and the undertaking for which approval is being sought
  • The Environmental Assessment clearly documents the consultation methods utilized to engage interested members of the public, Government Review Team and Aboriginal communities throughout the Environmental Assessment process
  • The consultation methods used during the Environmental Assessment process were carried out in accordance with commitments in the approved Terms of Reference and the requirements of the Environmental Assessment Act
  • The Environmental Assessment identifies and clearly explains the issues and concerns that were raised during the preparation of the Environmental Assessment, and how they have been addressed
  • The Environmental Assessment contains sufficient information to enable a decision to be made about the application to proceed with the undertaking

The Ministry is satisfied that the proposed undertaking, as described in Clean Harbors' Environmental Assessment, will address the need for additional capacity at the Lambton landfill.

The Ministry is also satisfied that, should approval under the Environmental Assessment Act be granted, the implementation and operation of the proposed undertaking will be completed in accordance with the terms and provisions outlined in the Environmental Assessment; any proposed conditions of approval; and, through additional work that must be carried out by Clean Harbors in support of future approval and permitting applications.

If the proposed undertaking is approved under the Environmental Assessment Act, there are several standard conditions that are included in an approval such as the requirement to conduct and report the results of compliance monitoring and to develop a protocol for responding to complaints received during all the phases of the undertaking. There may also be specific conditions imposed on this proposed undertaking if warranted.

What happens now

The Review will be made available for a five-week comment period. During this time, all interested parties, including the public, the Government Review Team and Aboriginal communities can submit comments to the Ministry about the proposed undertaking, the Environmental Assessment or the Ministry Review. At this time, anyone can request that the Minister refer either all or part of the Environmental Assessment to the Environmental Review Tribunal for a hearing if they believe that their concerns have not been addressed.

At the end of the Review comment period, Ministry staff will make a recommendation to the Minister concerning whether the Environmental Assessment has been prepared in accordance with the Terms of Reference and the requirements of the Environmental Assessment Act and whether the proposed undertaking should be approved. When making a decision, the Minister will consider the purpose of the Environmental Assessment Act, the Terms of Reference, the Environmental Assessment, the Review, the comments submitted during the Environmental Assessment and the Review comment periods and any other matters the Minister may consider relevant.

The Minister will make one of the following decisions:

  • Give approval to proceed with the undertaking
  • Give approval to proceed with the undertaking subject to conditions
  • Refuse to give approval to proceed with the undertaking

Prior to making that decision, the Minister may also refer either part of or the entire Environmental Assessment to mediation or refer either part of or the entire Environmental Assessment to the Environmental Review Tribunal for a decision.

If the Minister approves, approves with conditions or refuses to give approval to the undertaking, the Lieutenant Governor in Council must concur with the decision.

5.1 Additional approvals required

If Environmental Assessment Act approval is granted, Clean Harbors will still require other legislative approvals to design, construct and operate this undertaking. Section 10 of the Environmental Assessment outlines additional approvals that may be required. These approvals may include:

  • Environmental Compliance Approval (Air Quality, Odour and Noise)
  • Amendment to the existing Environmental Compliance Approval (Industrial Sewage)
  • Notice of Activity Form and Butternut Compensation Plan to the Ministry of Natural Resources and Forestry
  • St. Clair Township Official Plan amendments
  • Zoning by-law amendments
  • Site plan approvals
  • An updated Groundwater Monitoring Plan
  • An updated Surface Water Quality Monitoring Plan

These approvals cannot be issued until approval under the Environmental Assessment Act is granted.

5.2 Modifying or amending the proposed undertaking

If the proponent needs to address changes to the undertaking if approval is granted, it should be noted that any major changes are themselves deemed to be undertakings for which Environmental Assessment approval will be required.

Public record locations

Environmental Approvals Branch
2 St. Clair Avenue West, Floor 12A
Toronto, Ontario
M4V 1L5

The Review and Notice of Completion are also available at the following locations:

Ministry of the Environment and Climate Change
Sarnia District Office
1094 London Road
Sarnia, Ontario
N7S 1P1

Clean Harbors Lambton Landfill
4090 Telfer Road, R.R. #1
Corunna, Ontario
N0N 1G0

Corunna Library
417 Lyndoch Street
Corunna, Ontario
N0N 1G0

Appendix A: Environmental Assessment Act and terms of reference requirements of the environmental assessment

Please contact EAASIBGen@ontario.ca for a copy of Appendix A.

Appendix B: Submissions received during initial comment period

Please contact EAASIBGen@ontario.ca for a copy of Appendix B.