O. Reg. 498/95: EXEMPTION - THE CORPORATION OF THE TOWNSHIP OF EDWARDSBURGH

 

Environmental Assessment Act
Loi sur les évaluations environnementales

ONTARIO REGULATION 498/95

EXEMPTION — THE CORPORATION OF THE TOWNSHIP OF EDWARDSBURGH

Note: This Regulation was revoked on February 22, 2024. See: Order in Council 277/2024.

No amendments.

This Regulation is made in English only.

Having received a request from The Corporation of the Township of Edwardsburgh (the “Township”) that an undertaking, namely:

The interim expansion, operation and closure of the existing Edwardsburgh Township Waste disposal site located on the eastern part of Lot 18, Concession V, in the Township of Edwardsburgh, for the disposal of domestic, commercial and non-hazardous solid industrial waste for a period of up to 5 years,

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 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 or expanded 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.  The proposal was placed on the EBR registry from August 31, 1995 to September 30, 1995 and no comments were received.

C.  Alternatives have been investigated.

D.  A mandatory public hearing under Part V of the Environmental Protection Act for the approval of continued or expanded operation will be held.

E.  It is the intention of the proponent that a long-term waste management program be pursued in accordance with applicable legislation and that sufficient elements of the program be implemented prior to the conclusion of the exempt undertaking.

This exemption is subject to the following terms and conditions specified by the Minister:

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.  The site will be operated, monitored and closed in the manner outlined in the supporting documentation.

3.  The Township shall file an annual report outlining the municipality’s progress in achieving abatement at the existing site and progress in implementing the long-term waste management strategy.  This report will be submitted to the Director, Environmental Assessment Branch, Ministry of the Environment and Energy for filing with the Public Record kept under section 30 of the Act by the Branch located at 250 Davisville Avenue, 5th Floor, Toronto, Ontario, M4S 1H2.  Copies of the report shall be given to the Director of the Approvals Branch and Regional Director for Eastern Ontario of the Ministry of Environment and Energy.  O. Reg. 498/95.