Notice of refusal

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 July 18, 2006. I received one submission before the expiration date requesting a hearing by the Environmental Review Tribunal.

I consider a 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 refuse to give approval to proceed with the undertaking, for the reasons set out below.

Reasons

My reasons for refusing to give approval to proceed with the undertaking are:

  1. On the basis of the proponent’s Environmental Assessment and the Review, the proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages do not appear to have been established.
  2. The Environmental Assessment did not adequately describe existing baseline conditions; failed to meet the regulatory requirements of Ontario Regulation 232/98 for meeting the ministry’s Reasonable Use Criteria; and did not provide for a viable leachate control option.
  3. On the basis of the proponent’s Environmental Assessment, the Review it has not been established that the undertaking will be consistent with the purpose of the Act (section 2).
  4. The Government Review Team, the Mohawks of the Bay of Quinte and the public have identified technical concerns that cannot be addressed through conditions of approval or conditions of a Provisional Certificate of Approval.

Dated the 1st day of November, 2006 at Toronto.

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

Approved by O.C. number: 2107/2006
Date O.C. approved: November 1, 2006