O. Reg. 237/19: CLOSURE OF THE WHITE PINES WIND FACILITY

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ontario regulation 237/19

made under the

Environmental Protection Act

Made: June 3, 2019
Filed: July 2, 2019
Published on e-Laws: July 2, 2019
Printed in The Ontario Gazette: July 20, 2019

CLOSURE of the White Pines Wind Facility

Interpretation

1. (1) In this Regulation,

“Company” means wpd White Pines Wind Incorporated and includes its successors and assignees; (“compagnie”)

“Director” means,

(a) the Director appointed under section 5 of the Act in respect of the section of this Regulation in which the reference appears, or

(b) if no Director described in clause (a) has been appointed, any Director appointed under section 5 of the Act in respect of section 47.5 of the Act; (“directeur”)

“District Manager” means the Ministry’s District Manager of the district office of the district in which the project location is situated; (“chef de district”)

“facility” means the White Pines wind facility described in Schedule A to this Regulation; (“centrale”)

“project location” means,

(a) the land on which the facility is located, and

(b) the land and all or part of any building or structure in, on or over which a person is engaging in or proposes to engage in an activity to carry out the closure of the facility, where the land, building or structure is adjacent to the land on which the facility is located; (“emplacement du projet”)

“technical closure document” means the document entitled “Technical Requirements for the Closure of the White Pines Wind Facility” published by the Ministry and available on a Government of Ontario website, as amended from time to time; (“document d’exigences techniques pour la fermeture”)

“wind facility” has the same meaning as in Ontario Regulation 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act) made under the Act; (“centrale éolienne”)

“wind turbine” means any of the components listed in subsection (2), whether or not they are constructed or installed. (“éolienne”)

(2) The following are the components referred to in the definition of “wind turbine” in subsection (1):

1. A structure that supports an electrical generator used to convert wind energy into electricity.

2. Electrical and mechanical equipment, including electrical generators, used to convert wind energy into electricity.

3. The base and foundation of a structure described in paragraph 1.

Closure of White Pines facility

2. (1) The Company shall carry out the closure of the facility in accordance with,

(a) this Regulation;

(b) the technical closure document; and

(c) the technical reports listed in Schedule B to this Regulation.

(2) The Company is not required to comply with a requirement of this Regulation, the technical closure document, the technical reports listed in Schedule B to this Regulation or a report or document submitted in accordance with the requirements of this Regulation if,

(a) the Company has made reasonable attempts to negotiate access to land to carry out the requirement but has been unable to obtain access from the owner of the land to do so;

(b) the Company has notified the Director of the attempts that have been made and the requirement that the Company will not be able to comply with as a result of the inability to access the land in question; and

(c) the Director has provided written confirmation that the Company has made reasonable attempts to negotiate access and is unable to comply with the requirement as a result.

Exemption, s. 47.3 (1) of the Act

3. Subsection 47.3 (1) of the Act does not apply to the Company when it is engaging in a renewable energy project in respect of the closure of the facility.

No final disposal of waste

4. No waste generated as part of the closure of the facility shall remain at the project location after the Company has submitted the final closure report to the Director under subsection 8 (1) unless the waste,

(a) is in respect of electrical collector or distribution lines; and

(b) is dealt with in accordance with the technical closure document.

Notice re change of ownership

5. (1) The Company shall immediately notify the Director and the District Manager, in writing, of the following:

1. Any change in the facility’s ownership.

2. Any change in the Company’s address.

3. If the Company becomes a partnership, the name of the partners. The notification must also include a copy of either the most recent registration filed under the Business Names Act or the most recent declaration filed under the Limited Partnerships Act, whichever applies.

4. Any change in the name of the Company. The notification must also include a copy of the Company’s most recent return filed under the Corporations Information Act.

(2) The requirement in subsection (1) ceases to apply 90 days after the Company submits the final closure report to the Director under subsection 8 (1).

Requirements re making information public

6. (1) The Company shall maintain a public-facing website about the facility, including making copies of the documents described in subclauses 12 (1) (b) (i) and (ii) of Ontario Regulation 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act), made under the Act, available to the public on its website.

(2) On or before the 15th day of each month, the Company shall publish a report on its website describing the activities it took to carry out the closure of the facility, including any monitoring activities during the preceding month.

(3) The Company shall publish on its website the documents listed in Schedule B to this Regulation, other than those in paragraphs 5 to 9 of that Schedule, until no further activities are required to carry out the closure of the facility or to carry out any monitoring.

(4) The requirements in subsections (1), (2) and (3) cease to apply 90 days after the Company submits the final closure report to the Director under subsection 8 (1).

Plan for ongoing monitoring

7. (1) Within 90 days after this section comes into force, the Company shall submit a monitoring plan to the Director and to the clerk of the County of Prince Edward.

(2) The monitoring plan must describe the actions the Company will take, or processes the Company will implement, to monitor the project location after removing the components of the facility and carrying out any site restoration activities required under the technical closure document, including

(a) actions to monitor natural features, cultural heritage resources, agricultural land and municipal road allowances affected by the construction and closure of the facility; and

(b) processes to assess and determine appropriate actions to address any negative environmental effects that may be noted during the monitoring activities described in clause (a).

(3) Following a review of the monitoring plan the Director shall either,

(a) notify the Company that the Director has accepted the plan; or

(b) provide the Company with any amendments to the plan that the Director determines are appropriate.

(4) If the Director has not provided the notification of the acceptance of the monitoring plan under clause (3) (a) or provided any amendments to the plan under clause (3) (b) within 45 days following its submission, the plan is deemed to have been accepted by the Director.

(5) Once the plan has been accepted or amended by the Director, the Company shall carry out the actions and implement the processes described in it for at least one year after all components of the facility have been removed and all site restoration activities have been completed.

(6) In this section,

“negative environmental effects” has the same meaning as in section 2 of Ontario Regulation 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act) made under the Act.

Final closure report

8. (1) The Company shall submit a final closure report to the Director, the District Manager and the clerk of the County of Prince Edward after it has completed the monitoring described in subsection 7 (2).

(2) The final report must contain, at minimum,

(a) a description of,

(i) the activities that were carried out as part of the closure of the facility, and

(ii) the actions that were carried out and the processes that were implemented in respect of the monitoring described in subsection 7 (2); and

(b) a statement provided by an officer or director who has authority to bind the Company that to the best of their knowledge the report is complete and accurate.

(3) The final report must include copies of the records the Company is required to retain in accordance with the technical closure document.

(4) Following a review of the final closure report, the Director shall either,

(a) notify the Company that the Director has accepted the report; or

(b) provide the Company with a list of any deficiencies in respect of whether the closure of the facility was carried out in accordance with subsection 2 (1).

(5) If the Director has not provided the notification of the acceptance of the report under clause (4) (a) or provided a list of deficiencies under clause (4) (b) within 90 days following the submission of the report, the report is deemed to have been accepted by the Director.

(6) For greater certainty, the acceptance of the final closure report does not relieve the Company of any obligations that arise under the Act.

Conflicts

9. (1) In the event of a conflict between a requirement imposed under this Regulation and a requirement imposed in a regulation, permit, approval or licence made or issued under another Act, the requirement in the other regulation, permit, approval or licence shall prevail.

(2) In the event of a conflict between or among requirements set out in two or more of the following documents, such conflicting provisions shall take precedence in the following order of priority and the Company shall be relieved from complying with the lower priority requirement to the extent of the conflict:

1. This Regulation.

2. The technical closure document.

3. A report or document submitted in accordance with the requirements of this Regulation.

4. The technical reports listed in Schedule B to this Regulation.

(3) In the event of a conflict between one or more documents or reports submitted in accordance with the requirements of this Regulation, the report or document most recently submitted shall take precedence.

Commencement

10. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Section 6 comes into force 30 days after this Regulation is filed.

Schedule A
White Pines WIND Facility

1. (1) The White Pines wind facility consists of the following components:

1. A total of nine wind turbines and one transformer substation at the locations set out in the Table.

2. Any associated ancillary equipment, systems and technologies, including on-site access roads, underground cabling, distribution or transmission lines and storage areas.

(2) The co-ordinates of the wind turbines and transformer substation in the Table are listed on the UTM grid coordinate system identifying easting, northing and zone based on a Z18-NAD83 projection.

Table
Co-ordinates of Wind TurbineS and Transformer Substation

Column 1 Item	Column 2 Source ID	Column 3 Easting (m)	Column 4 Northing (m)
1.	WTG 1	331,642	4,865,658
2.	WTG 2	331,865	4,865,330
3.	WTG 3	332,014	4,864,994
4.	WTG 4	333,433	4,866,108
5.	WTG 5	332,520	4,864,336
6.	WTG 6	333,551	4,864,775
7.	WTG 8	329,738	4,862,665
8.	WTG 9	330,014	4,863,071
9.	WTG 10	330,179	4,863,665
10.	TS2	332,911	4,862,991

Schedule b
technical reports

1. Additional Avoidance and Mitigation Measures to Minimize Potential Impacts to Blanding’s Turtle (Emydoidea blandingii), prepared by Natural Resources Solutions Inc. dated July 22, 2016.

2. Erosion and Sediment Control and Stormwater Management Plan Report submitted by the Company to the Director dated December 9, 2015.

3. Erosion and Sediment Control and Stormwater Management Plan Report submitted by the Company to the Director dated January 14, 2016.

4. Erosion and Sediment Control and Stormwater Management Plan Report submitted by the Company to the Director dated February 23, 2016.

5. Species at Risk Report White Pines Wind Project, prepared by Stantec Consulting Ltd. dated August 2012.

6. Stage 1 Archaeological Assessment, White Pines Wind Project, Prince Edward County, ON. Twp Lots A-Q; Various Lots in: West Bay; Lake Ontario W of Point Traverse; Con 1 S of Black River, Twp of S Marysburgh; and Various Lots in: Cons 2-5 S Side of E Lake, historic Twp of Athol in Prince Edward County, ON., filed with the Ministry of Tourism, Culture and Sport on January 18, 2012 by Stantec Consulting Ltd.

7. Stage 2 Archaeological Assessment, Proposed White Pines Wind Project and Stage 1 & 2 Transmission Line and Substation Additions and Modifications, Prince Edward County, Ontario, filed with the Ministry of Tourism, Culture and Sport on June 25, 2012 by Adams Heritage.

8. Stage 1 and 2 Archaeological Assessment - White Pines Wind Project - Transmission Line, Milford to Gorsline Road, filed with the Ministry of Tourism, Culture and Sport on December 28, 2012 by Adams Heritage.

9. Stage 2 Archaeological Assessment Proposed White Pines Wind Project and Stage 1 and 2 Transmission Line and Substation WPWF (1-41-013) Stage 2 Archaeological Report January 11 2012, Prince Edward County, Ontario, filed with the Ministry of Tourism, Culture and Sport on December 18, 2013 by Adams Heritage.

 

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