Notice of approval

Proponent: Waste Services (CA) Incorporated
Environmental assessment file number: EA-02-08-02

Take notice that the period for requesting a hearing, provided for in the Notice of Completion of the Review for the above-noted undertaking, expired on June 29th 2007.

I received four submissions before the expiration date. No submissions requested a hearing by the Environmental Review Tribunal.

Having considered the purpose of the Environmental Assessment Act, the approved terms of reference, the environmental assessment, the ministry review of the environmental assessment and submissions received, I hereby give approval to proceed with the undertaking, subject to conditions set out below.

Reasons

My reasons for giving approval are:

  1. On the basis of the proponent’s environmental assessment and the ministry review, the proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
  2. No other beneficial alternative method of implementing the undertaking was identified.
  3. On the basis of the proponent’s environmental assessment, the ministry review and the conditions of approval, the construction, operation and maintenance of the undertaking will be consistent with the purpose of the Environmental Assessment Act (section 2).
  4. The Government Review Team has indicated no outstanding concerns that cannot be addressed through conditions of approval. The public review of the environmental assessment did not identify any outstanding concerns which cannot be addressed through these conditions of approval or conditions of a Provisional Certificate of Approval.
  5. The submissions received after the Notice of Completion of the Review was published are being dealt with through conditions where appropriate. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

The approval is subject to the following Conditions:

Definitions

For the purposes of these Conditions:

Director
means the Director of the Environmental Assessment and Approvals Branch.
EAAB
means the Environmental Assessment and Approvals Branch of the Ministry of the Environment.
EA
means the document titled Proposed WSI Landfill Expansion Environmental Assessment Study Report, February 2007 and Technical Supporting Documents and any additional documentation including the following:
  • Proposed WSI Navan Landfill Expansion Government Review Team Comments and WSI Responses, May 2007;
  • Proposed WSI Navan Landfill Expansion Public and Other Stakeholder Comments and WSI Responses, May 2007;
  • Proposed WSI Navan Landfill Expansion EA Compliance Reporting, May 2007.
EPA
means the Environmental Protection Act
FOMB
means the Mer Bleue Community Association
ministry
means the Ministry of the Environment.
NCC
means the National Capital Commission
PAC
means the Public Advisory Committee for the Navan Landfill.
proponent
means Waste Services (CA) Incorporated
PVPP
means a Property Value Protection Plan
Regional Director
means the Director of the ministry’s Eastern Regional Office.
site
means Landfill at Navan Road, City of Ottawa.

1. General requirements

  1. The proponent shall comply with the provisions in the EA which are hereby incorporated in this approval by reference except as provided in these conditions and as provided in any other approval or permit that may be issued for the site.
  2. The proponent shall implement any additional commitments made by them and recorded in their response and attachments as noted above, except as provided for in these conditions or as provided for under other approvals, authorizations or permits required for the undertaking.
  3. These conditions do not prevent more restrictive conditions being imposed under other statutes.

2. Public record

  1. Where a document is required for the public record, the proponent shall provide two copies of the document to the Director, one copy for filing within the specific public record file maintained for the undertaking and one copy for staff use.
  2. The proponent shall provide additional copies of such documents at the request of the:
    • Regional Director
    • Clerk of the City of Ottawa; and,
    • PAC
  3. The proponent shall quote EAAB file number EA-02-08-02 on the documents.
  4. The proponent may also provide these documents through other means as it considers appropriate.

3. Compliance Monitoring Program

  1. The proponent shall finalize and submit to the Director for the public record, an EA compliance monitoring program.
  2. The proponent shall submit the monitoring program described in condition 3.1 one year from the date of approval of the undertaking, or 60 days before the commencement of construction, whichever is earlier.
  3. The proponent shall prepare the monitoring program in order to monitor the fulfilment of the provisions of the EA for mitigation measures, public consultation, additional studies and work to be carried out, and of all other commitments made during the preparation of the EA and the subsequent review of the EA for mitigation measures, public consultation, and additional studies and work to be carried out.
  4. The proponent shall include an implementation schedule in the monitoring program.
  5. When it submits the monitoring program to the Director, the proponent shall include in the program a statement indicating that the program is intended to fulfil this condition.
  6. The proponent shall carry out the monitoring program as amended by the Director.
  7. The proponent shall make the documentation available to the ministry or its designate upon request in a timely manner when so requested by the ministry during an on-site inspection, audit, or response to a pollution incident report or when information concerning compliance is requested by the ministry.

4. Compliance reporting

  1. The proponent shall prepare an annual compliance report which describes the extent of compliance with the conditions of approval set out in this notice and which describes the results of the proponent’s EA compliance monitoring program.
  2. The proponent shall issue the first compliance report no later than one year following the date of this approval, and in each subsequent year shall issue a compliance report covering the previous year, on the date that is the anniversary of this approval or the proponent can coordinate the timing of its reporting with its annual Design and Operations report required under the EPA.
  3. The proponent shall submit the annual compliance report to the Director for placement on the public record.
  4. The proponent shall submit annual compliance reports until all conditions of this approval are satisfied.
  5. When all conditions have been satisfied, the proponent shall indicate in the annual compliance report that this is its final submission.
  6. The proponent shall retain either on site or in another location approved by the Director, copies of the annual compliance reports for each reporting year and any associated documentation of compliance monitoring activities.
  7. The proponent shall make the documentation available to the ministry or its designate upon request in a timely manner when so requested by the ministry during an on-site inspection, audit, or in response to a pollution incident report or when information concerning compliance is requested by the ministry.

5. Public Advisory Committee

  1. Prior to the submission of the application for approval under Part V of the EPA the proponent shall establish a PAC in respect of the site. The PAC will serve as a forum for the review and exchange of information and monitoring results relevant to the operation of the undertaking. The PAC may also provide comments to the proponent about ongoing landfill operations and will be provided opportunity to review and comment on any subsequent applications for approval under the EPA and Ontario Water Resources Act.
  2. WSI shall invite representatives from the City of Ottawa, the ministry, the NCC, and the FOMB to sit on the committee.
  3. The proponent, in consultation with the PAC, shall develop a terms of reference for the PAC that will describe how the PAC shall carry out business, and the terms of reference shall include a dispute resolution strategy to resolve issues and disagreements between the PAC and WSI. The proponent shall provide the terms of reference to the Director and the Regional Director for placement on the public record.
  4. The proponent may dispense with the PAC if, after a period of time and after giving sufficient notice, there is no interest from the public in continuing with it. The proponent shall review the need for such a PAC yearly.

6. Planting plan

  1. As part of the application for approval under Part V of the EPA, the proponent shall prepare a tree planting plan for the proposed berms. The proponent shall provide the plan to the Regional Director and Director for placement on the public record. The plan shall be prepared by a landscape professional.
  2. The proponent shall send a copy of the plan to the City of Ottawa and shall discuss with the City whether the plan should be included as part of any subsequent approvals required under the Planning Act, as deemed appropriate by the City.
  3. The proponent shall make best efforts to protect existing mature trees and vegetation on site that could be used to screen the construction of the landfill berms, where appropriate.

7. Community commitments

  1. The proponent shall submit a letter to the Regional Director and Director to be placed on the public record, outlining how it has addressed any of its commitments to the community through the execution of its PVPP as outlined in the EA or any community improvements as outlined in its agreement with the FOMB.
  2. The proponent shall expand its PVPP to include properties south of Navan Road on Mer Bleue Road and on Gran pre Court directly east of the Navan Landfill site as agreed to by the proponent and the FOMB as shown in Figure 1 of the PVPP.

8. Service area

  1. The service area for the landfill expansion shall be revised to exclude waste from the City of Toronto.

9. Archaeological investigation

  1. Prior to construction the proponent shall complete for the Cosgrove site a Stage 3 Archaeological Assessment to the satisfaction of the Ministry of Culture.
  2. If required, as determined by the Stage 3 investigations, the proponent shall undertake a Stage 4 mitigation of the Cosgrove site through avoidance or, if not possible, through controlled excavation to the satisfaction of the Ministry of Culture as recommended in the Stage 2 Archaeological Resource Assessment and Archaeological and Heritage Resources Technical Supporting Document of the EA dated February 2007. The proponent shall place a copy of the Stage 4 mitigation report on file for the public record. The proponent shall forward confirmation to the Director that the assessment and, if required, site mitigation has been completed to the satisfaction of the Ministry of Culture and shall notify the Director in writing when the archaeological assessmentwork is completed.
  3. If construction is to occur on the landfill site prior to Stage 3 or Stage 4 work proceeding on the Archaeological site, the proponent shall establish a 20 metre protective buffer around the site area by erecting a snow fence to the satisfaction of the proponent’s archaeological consultant. If this occurs, the proponent shall instruct all workers on site to avoid the Archaeological site and its buffer during construction.
  4. If any aboriginal artefacts or remains are identified during the off-site Stage 3 investigations or during construction of the landfill, the proponent shall within 30 days of finding the aboriginal resources, contact the Algonquins of Pikwakanagan and/or other potentially affected aboriginal communities. The proponent shall provide the aboriginal community in question with a copy of the Archaeological Assessment, and provide it with an opportunity to input into the decision making process.

10. Technical / monitoring / other requirements

  1. Within six months of this approval, the proponent shall construct a multi-level well directly down gradient of the proposed expansion area to establish background water quality at this location as part of the trigger approach. This well should be monitored on a quarterly basis for at least one year at which time the frequency can be reduced to coordinate with the existing ground water monitoring program. Details about the frequency of the monitoring shall be included in the ground water monitoring plan required under the Part V approval under the EPA.
  2. As part of the application for approval under Part V of the EPA, the proponent shall assess, in consultation with the Ministry of Natural Resources, an additional parameter (methyl mercury) for the surface water monitoring at the two sampling sites within the Mer Bleue Bog (S-10 SW-W & S-11 SW-C) and the sites south of the landfill (S-5, S-8, S-9 and S-12 SW-E).
  3. As part of the application for approval under Part V of the EPA, the groundwater monitoring plan prepared by the proponent shall include the· installation of an additional ground water well at a greater distance from the landfill in the Mer Bleue Bog. The proponent shall determine the details of the well’s location and design in consultation with the NCC and other interested parties.
  4. As part of the Part V application for approval under the EPA, the proponent shall prepare a detailed hydrogeological report. The proponent shall provide a copy of the report to the NCC for comment during the review of the Part V application.
  5. As part of the application for approval under Part V of the EPA, the proponent shall prepare a best management practices plan to control dust from the landfill site and dirt drag off onto Navan Road.
  6. Prior to construction the proponent shall install a truck tire washing station on site to minimize tracking of dirt and dust onto off-site roads. As part of the Design and Operations Plan under Part V of the EPA, the proponent shall include a discussion on the operational aspects of truck tire washing station.
  7. As part of the application for approval under Part V of the EPA, the proponent shall prepare a dust monitoring program for the site to monitor any effects of dust on the Mer Bleue Bog. Details about the number and placement of dustfall monitors and frequency of reporting will be determined at the Part V approval stage and will be discussed with the NCC and other regulators and stakeholders that may have an interest in this program.
  8. As part of the application for approval under Part V of the EPA, the proponent shall prepare a dust monitoring plan for fugitive dust from all sources and its impact on surrounding lands. Details with respect to the frequency, scope and duration will be determined as part of the EPA approval in consultation with the City of Ottawa.
  9. As part of the application for approval under Part V of the EPA, the proponent shall develop an odour monitoring plan to establish a procedure to report on any odour exceedances. Details with respect to the frequency, scope and duration will be determined as part of the EPA approval in consultation with the City of Ottawa. The proponent shall include in its odour monitoring plan additional site supervision to ensure performance of the site in relation to potential odour effects. The inspection requirements are to be developed for the site in consultation with the MOE Ottawa District Office.
  10. As part of the application for approval under Part V of the EPA, the proponent shall include fugitive landfill gas emissions through the landfill cap into the odour modelling evaluation. The proponent shall develop and implement appropriate mitigation measures based on its findings.
  11. As part of the application for approval under Part V of the EPA, the proponent shall prepare a noise monitoring plan. Details with respect to the frequency, scope and duration will be determined as part of the EPA approval.

Dated the 2nd day of August 2007 at Toronto

Original signed by:
Minister of the Environment
135 St. Clair Avenue West, 12th floor
Toronto, Ontario
M4V 1P5