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O. Reg. 697/91: EXEMPTION - THE CORPORATION OF THE TOWN OF KEEWATIN - KEEW-T-1

under Environmental Assessment Act, R.S.O. 1990, c. E.18

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Versions
current November 14, 1991 (e-Laws currency date)

Environmental Assessment Act
Loi sur les évaluations environnementales

ONTARIO REGULATION 697/91

EXEMPTION — THE CORPORATION OF THE TOWN OF KEEWATIN — KEEW-T-1

Consolidation Period: From November 14, 1991 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Having received a request from The Corporation of the Town of Keewatin (the “proponent”) that an undertaking, namely:

The interim expansion, operation and closure of the existing Keewatin Landfill located on the land described as mining location McA-156, between Highway 596 and the Winnipeg River within the town limits for the disposal of the domestic, non-hazardous, solid, commercial and industrial waste of the Town of Keewatin for a period of up to five years,

be exempt from the application of the Environmental Assessment Act pursuant to section 29; and

Having been advised by the proponent that if the undertaking to expand the Keewatin Landfill is subject to the application of the Act, the following adverse impacts with the persons or property in the Keewatin Area indicated will occur:

A. The proponent and its residents will be without a municipal solid waste disposal facility as of October 31, 1991 for up to five years until new waste disposal facilities will be available as a result of the Tri-Municipal long-term waste management master plan.

B. The Town will be subject to delay if Keewatin is required to prepare an environmental assessment for the 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 order and orders that the undertaking is exempt from the application of the Act for the following reasons:

A. The interim expansion of the area approved for landfilling at the existing Keewatin Landfill site is a measure for which there are no reasonable alternatives which can be implemented before October 31, 1991. Steps were and are being taken to reduce dependence on disposal through landfilling by implementing recycling and composting in 1991.

B. The potential effects of expanding the landfill for an interim period of up to five years are considered minor.

C. Alternatives have been investigated.

D. An application to amend Provisional Certificate of Approval No. A600201 has been made for an interim period of up to five years. A mandatory public hearing under Part V of the Environmental Protection Act for the approval of continued or expanded operations will be held.

E. The towns of Keewatin, Kenora and Jaffray-Melick are participating in a long-term waste management master planning process. The waste management master plan will be completed and implemented in accordance with the Environmental Assessment Act.

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

1. Where any activity which otherwise would be exempt under this order is being carried out as or is part of an undertaking for which an environmental assessment has been accepted and approval to proceed received, 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. An application for an approval under Part V of the Environmental Protection Act for the continued operation of the site must be submitted along with: a hydrogeologic study; a design and operations report for the interim period which will include but not be limited to a monitoring program, trigger analysis causing implementation of the contingency plans, contingency plans, closure and post closure plans.

3. The Town of Keewatin shall proceed expeditiously to complete a long-term waste management program in accordance with the Environmental Assessment Act within the interim period of time specified in Condition 6 (a).

4. The proponent shall file an annual report outlining the municipality’s progress in developing and implementing the long-term waste management strategy. This report will be submitted to the Director, Environmental Assessment Branch, Ministry of the Environment for filing with the Public Record kept under section 30 of the Act by the Branch. Copies of the report shall be given to the Director, Approvals Branch, and Regional Director of North West Region.

5. The Town notify in writing the Director, Environmental Assessment Branch, Ministry of the Environment, no later than one month after the date of publication of this exemption order of how the Town will comply with Conditions 2 through 4.

6. No waste shall be deposited at this site pursuant to this order,

(a) other than as provided for in the decision of the Environmental Assessment Board made pursuant to the hearing referred to in reason D;

(b) after the date that a new facility, resulting from the waste management master plan, approved under the Environmental Assessment Act, is open to receive waste; and

(c) more than five years after the issuance of a Provisional Certificate of Approval or a Certificate of Approval under Part V of the Environmental Protection Act pursuant to this order,

unless an application for an approval under the Environmental Assessment Act for an undertaking under the Tri-Municipal (Kenora, Keewatin and Jaffray-Melick) Waste Management Master Plan which includes a waste disposal site has been submitted to the Minister under the Act, in which case, no waste shall be disposed of by the municipality pursuant to this order more than one year after a decision is made under the Act to approve or not approve the undertaking. O. Reg. 697/91.