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O. Reg. 8/96: EXEMPTION - THE CORPORATION OF THE TOWNSHIP OF CHAPLEAU - CHAP-TP-1

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

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Versions
current January 18, 1996 (e-Laws currency date)

Environmental Assessment Act
Loi sur les évaluations environnementales

ONTARIO REGULATION 8/96

EXEMPTION — THE CORPORATION OF THE TOWNSHIP OF CHAPLEAU — CHAP-TP-1

Consolidation Period: From January 18, 1996 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

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

The interim expansion, operation and closure of the existing and approved Township of Chapleau landfill site situated on part of Lot 1, Concession 5, Township of Chappise, for the disposal of domestic, commercial and non-hazardous solid industrial waste, with the changes as described in the reports entitled, “Township of Chapleau, Chapleau Landfill Site, Environmental Assessment Act, Application for Exemption, Certificate of Approval A540009, March, 1995”, prepared by Senes Consultants Limited and Kresin Engineering and Planning Limited; “Township of Chapleau Landfill Draft Report, Design, Operations and Maintenance Plan for a Five (5) Year Interim Expansion, Provisional Certificate of Approval No. A540009, March, 1994” (Design and Operating Report), prepared by Kresin Engineering and Planning Limited; the “Township of Chapleau Landfill Site Hydrogeological Report, Certificate of Approval A540009, March 3, 1994” (Hydrogeological Report), prepared by Hydroterra Limited in association with Kresin Engineering and Planning Limited; “Township of Chapleau—Chapleau Landfill Site, Environmental Assessment Act—Application for Exemption”, prepared by Senes Consultants Limited and Kresin Engineering and Planning Limited, originally submitted March, 1994 and revised February, 1995; and “Addendum No. 1 to: Township of Chapleau, Chapleau Landfill Site, Environmental Assessment Act—Application for Exemption, February, 1995” dated July, 1995, prepared by Senes Consultants Limited and Kresin Engineering and Planning Limited,

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. Alternatives have been investigated.

C. It is the intention of the Township that a long-term waste management program be pursued in accordance with applicable legislation and that sufficient elements of that program will 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. The Township shall provide a copy of the Design and Operating Report, and Hydrogeological Report referred to above incorporating the changes that have been submitted, to the Director of the Environmental Assessment Branch of the Ministry of Environment and Energy for filing with the public record kept under section 31 of the Act by the Branch at the present Branch address of 250 Davisville Avenue, 5th Floor, Toronto, Ontario, M4S 1H2.

2. 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.

3. 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.

4. The Township shall file an annual report to the Regional Director, Ministry of Environment and Energy, outlining the Township’s progress in operating the site in an environmentally sound manner and progress in implementing the long-term waste management program; a copy of the reports shall also be submitted to the Director, Approvals Branch, Ministry of Environment and Energy. The Township may cease filing such reports after the site has been closed to the satisfaction of the Director, Approvals Branch and that Director has advised the Township in writing that further reports are not required pursuant to this condition.

5. No waste shall be deposited at the site pursuant to this order more than five years after the date the provisional Certificate of Approval under the Environmental Protection Act is issued for the interim expansion of the landfill site under this order.

6. The Township will provide a copy of the provisional Certificate of Approval issued pursuant to this order to the Director of the Environmental Assessment Branch for filing with the public record kept under section 31 of the Act, within 30 days of the approval date. O. Reg. 8/96.