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O. Reg. 74/93: EXEMPTION - THE CORPORATION OF THE TOWNSHIP OF ALICE AND FRASER, THE CORPORATION OF THE CITY OF PEMBROKE, THE CORPORATION OF THE TOWNSHIP OF PETAWAWA, THE CORPORATION OF THE TOWNSHIP OF PEMBROKE, THE CORPORATION OF THE TOWNSHIP OF STAFFORD, THE CORPORATION OF THE TOWNSHIP OF WILBERFORCE, THE CORPORATION OF THE VILLAGE OF PETAWAWA, THE CORPORATION OF THE CFB PETAWAWA-ALIC - TP-1

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

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Versions
revoked or spent February 22, 2024
February 23, 1992 February 21, 2024

Environmental Assessment Act
Loi sur les évaluations environnementales

ONTARIO REGULATION 74/93

EXEMPTION — THE CORPORATION OF THE TOWNSHIP OF ALICE AND FRASER, THE CORPORATION OF THE CITY OF PEMBROKE, THE CORPORATION OF THE TOWNSHIP OF PETAWAWA, THE CORPORATION OF THE TOWNSHIP OF PEMBROKE, THE CORPORATION OF THE TOWNSHIP OF STAFFORD, THE CORPORATION OF THE TOWNSHIP OF WILBERFORCE, THE CORPORATION OF THE VILLAGE OF PETAWAWA, THE CORPORATION OF THE CFB PETAWAWA — ALIC-TP-1

Historical version for the period February 23, 1992 to February 21, 2024.

No amendments.

This Regulation is made in English only.

Having received a request from The Corporation of the Township of Alice and Fraser, the Proponent, on behalf of itself and the other members of the Alice and Fraser Area Sanitation Management Board listed above, that an undertaking, namely:

The proposal to continue to operate the Alice & Fraser waste disposal site and extend the existing fill contours and operate as an interim measure, the existing approved Alice & Fraser Landfill Site located on parts of lots 23, 24, 25 and 26, Concession 1, Township of Alice and Fraser, County of Renfrew, for the disposal of domestic, commercial and non-hazardous solid industrial wastes with the changes as described in the application entitled “Application for Approval for an Interim Expansion of the Township of Alice and Fraser Sanitary Landfill” prepared by J. L. Richards & Associates Limited and Golder Associates Ltd.,

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 is subject to the application of the Act, the following injury, damage or interference with the persons and property indicated will occur:

A.  The Proponent and other members of the Alice and Fraser Area Sanitation Management Board will be subject to delay and expense if it is required to prepare an environmental assessment for the undertaking.

B.  The municipalities and their residents will be without economic and secure access to a municipal solid waste disposal facility.

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.  Use of the existing landfill by the municipalities is clearly an interim measure for which there are no other reasonable waste management alternatives which can be implemented within the necessary time frame.

B.  Alternatives have been investigated.

C.  A public hearing under Part V of the Environmental Protection Act for the approval of the expansion of the fill contours will be held.

D.  The Alice and Fraser Area Sanitation Management Board is supporting the Pembroke and Area Waste Management Master Plan’s development of a long-term waste management program.

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.  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 an 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 exemption order as well as the conditions in this order.

3.  No waste shall be disposed of by the municipalities pursuant to this order after the earlier of:

(i)  five years after a Provisional Certificate of Approval for the waste disposal site has been issued pursuant to this order, and

(ii)  the commencement of operations of a waste disposal site pursuant to the Pembroke and Area Waste Management Master Plan,

unless an application for an approval under the Environmental Assessment Act for an undertaking under the Pembroke and Area Waste Management Master Plan which includes a waste disposal site at which waste from the municipalities listed above may be disposed, has been submitted to the Minister under the Act, in which case, no waste shall be disposed of by the municipalities 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. 74/93.