O. Reg. 425/93: EXEMPTION - THE TOWNSHIP OF CLARENCE - CLAR-TP-1
under Environmental Assessment Act, R.S.O. 1990, c. E.18Skip to content
|revoked or spent April 13, 2011|
|July 21, 1993 – April 12, 2011|
Environmental Assessment Act
Loi sur les évaluations environnementales
ONTARIO REGULATION 425/93
EXEMPTION — THE TOWNSHIP OF CLARENCE — CLAR-TP-1
Note: This Regulation was revoked on April 13, 2011. See: Order in Council 533/2011.
This Regulation is made in English only.
Having received a request from The Corporation of the Township of Clarence in the United Counties of Prescott-Russell (the “Township”) that an undertaking, namely:
the interim expansion, operation and closure of the existing and approved Clarence Township landfill site situated on Lot 15, Concession IV, Township of Clarence, for the disposal of domestic, commercial and non-hazardous solid industrial waste, with the changes as described in the Reports entitled “Application for Interim Expansion Township of Clarence Landfill, Volumes 1-4” dated September, 1992 prepared by McNeely Engineering Consultants Ltd., and Golder Associates Ltd.,
be exempt from the application of the Act pursuant to section 29; and
Having been advised by the Township 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 Township will be subject to delay and expense if it is required to prepare an environmental assessment for the interim undertaking.
B. The Township will be subject to unnecessary delay and expense in implementing its long-term waste management program.
C. The Township and its residents will be without 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. The continued operation of the existing landfill 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 continued operation will be held, thereby permitting the public and government agencies the opportunity to review the proposed changes to the site.
D. It is the intention of the Township that the proposed long-term waste management program be pursued in accordance with applicable legislation and the Township expects that sufficient elements of the program will be implemented prior to the conclusion of the exempt undertaking.
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 deposited at the Clarence Township landfill site pursuant to this order more than five years after the date of the Provisional Certificate of Approval for the waste disposal site has been issued for the purpose of this order.
4. No waste shall be deposited at the Clarence Township landfill site pursuant to this order after the earlier of,
i. five years after the date of the Provisional Certificate of Approval for the waste disposal site has been issued for the purpose of this order, and
ii. the commencement of operations of a waste disposal site pursuant to the Township of Clarence Environmental Assessment,
unless an application for an approval under the Act for an undertaking under the Township of Clarence Environmental Assessment which includes a waste disposal site proposed for use for waste from the Township has been submitted to the Minister under the Act, in which case, no waste shall be disposed of by the Township pursuant to this order more than one year after a decision is made under the Act to approve or not approve the undertaking.
5. Commencing no later than January, 1994, the Township shall submit an annual report to the Director, EA Branch, Ministry of Environment and Energy, outlining the Township’s progress in realizing a long-term solution to its waste disposal issues. O.Reg. 425/93.