Notice of approval

Proponent: Walker Environmental Group ("Walker")
EA file number: EA-03-08-02

The proposed Terms of Reference submitted to the Ministry of the Environment and Climate Change on August 30, 2013 ("the proposed Terms of Reference" or "the Terms of Reference"), with the amendments which I consider necessary, all of which are set out in this notice, is hereby approved ("the approved Terms of Reference").

The approved Terms of Reference provides information other than that required by subsection 6.1(2) of the Environmental Assessment Act, R.S.O. 1990, c. E.18 ("the Act") and will govern the preparation of the environmental assessment for the above-noted undertaking. Pursuant to subsection 6.1(1) of the Act, any environmental assessment for the above-noted undertaking submitted to the Ministry of the Environment and Climate Change pursuant to subsection 6.2(1) of the Act must be prepared in accordance with the approved Terms of Reference.

Reasons

I am satisfied that an environmental assessment prepared in accordance with the Terms of Reference, as amended, will be consistent with the purpose of the Act and the public interest for the following reasons:

  1. The amended Terms of Reference provide a framework that should ensure that the environmental assessment will be completed using a comprehensive public, Aboriginal, and government consultation process that is open and transparent.
  2. The amended Terms of Reference provide sufficient direction to ensure that the environmental assessment will provide an adequate level of detail to accurately assess the environmental effects, advantages and disadvantages of the undertaking.
  3. The amended Terms of Reference set out a planning process that will ensure that the environmental assessment will be consistent with the purpose of the Environmental Assessment Act and the public interest.
  4. The requirement to consult at the initial stages of the environmental assessment on the proposed work plans will also provide government reviewers an early opportunity to provide input into the design of the environmental assessment studies.
  5. The requirements to add greater certainty on the methods to be followed in conducting the hydrogeological and air quality assessments will help ensure that the level of study conducted by Walker will be appropriate to clearly understand the site.
  6. The requirement to add clarity to the consultation between Walker and the Joint Municipal Coordinating Committee on the proposed health assessment work plans will help ensure that the committee is provided ample opportunity to provide input to the studies, and that human health is adequately characterized and protected.
  7. There are no outstanding issues that have not been adequately addressed in the amended Terms of Reference or that cannot be addressed during the preparation of the environmental assessment.

Amendments

The following amendments, as well as commitments Walker made following the submission of the Terms of Reference on August 30, 2013, will be incorporated into the Terms of Reference as an Addendum. The Amended Terms of Reference, including Addendum will be published and made available on the Proponent’s web site, and by hard copy where feasible on request.

The approved Terms of Reference sets out in detail the requirements for the preparation of the environmental assessment and the following amendments change the detailed requirements set out in the proposed Terms of Reference or provide further detailed requirements.

To the extent that there is any conflict between the requirements outlined in the proposed Terms of Reference and the amendments below, it is the amendments below that will take precedence.

Along with the consultation, evaluation and decision-making framework outlined in the Terms of Reference for the preparation of the environmental assessment, Walker will also carry out the following tasks as part of the environmental assessment process:

  1. Arrange meetings/workshops between Walker’s technical experts and the respective technical experts of the Technical Review Team, Ministry of Natural Resources and Forestry, Conservation Authority, Community Liaison Committee and the Committee Peer Review Team to review the revised draft work plans and see resolution of any outstanding technical issues; the surface water and ecology meetings shall be held in advance of spring sampling.
  2. Consult with the Ministry of the Environment and Climate Change, including the Source Programs Protection Branch prior to the finalization of all water resource-related work plans to ensure that the proposed methods for the collection and analysis of environmental monitoring data are consistent at a minimum with any monitoring requirements which may be required by the Ministry of the Environment and Climate Change in subsequent approvals under the Ontario Water Resources Act or the Environmental Protection Act.
  3. Associated approvals may be required under the Aggregate Resources Act that may include a partial or complete licence surrender, or a site plan amendment; Walker shall work with the licensee and identify these associated approvals in its environmental assessment.
  4. Undertake water chemistry monitoring that will use analytical methods of sufficient sensitivity to quantify water concentrations at the levels of the Provincial Water Quality Objectives. Where an objective does not exist for a water quality variable, an objective will be determined in consultation with the Ministry of the Environment and Climate Change.
  5. Undertake benthic community monitoring that will use quantitative (fixed-area) and qualitative sampling and species-level taxonomic resolution. The data so collected shall be analyzed using a suite of multi-metric indices or multivariate statistical analysis of sufficient sensitivity and precision to reach conclusions about impacts or potential impacts to water quality.
  6. Consult with the Ministry of the Environment and Climate Change prior to the finalization of air quality work plans to ensure that the proposed studies will adequately characterize the existing environment, given the potential for cumulative impacts, as well as allow for accurate prediction of impacts during the entire life cycle of the proposed landfill. This consultation shall include, but not necessarily be limited to the list of species to be monitored, the number and location of monitors, the type of monitors to be used and quality assurance and quality control procedures. This consultation and subsequent work plans will build upon the other studies undertaken in the area by the Ministry of the Environment and Climate Change, the municipalities, and Public Health Ontario. Walker will provide the Ministry of the Environment and Climate Change with full access to all monitors and will ensure that all sampling locations are designed and operated to permit co-located sampling.
  7. Walker shall characterize the potential net effects of the proposed landfill on groundwater, surface water and related ecology. Where necessary and appropriate, the study areas will be extended to include the broader ecosystem including the Thames River basin.

  8. As part of this process, Walker shall consult with the Ministry of the Environment and Climate Change on the comparative evaluation methods for the selection of the preferred alternative, as well as the detailed technical studies to be used. Walker shall consult with the Ministry of the Environment and Climate Change, other appropriate government reviewers, members of the public and Aboriginal communities early in the environmental assessment process, before the preferred alternative .method has been selected, regarding the nature and scope of the proposed environmental assessment studies, specifically including early consultation on the development of the air quality, human health, surface water and groundwater studies. This early consultation will provide an opportunity for Walker to receive input from regulators and interested parties on how potential impacts may be identified, and this input will be reflected in the measures developed to mitigate potential environmental impacts.

    The technical studies will use methods for the collection and analysis of data that are scientifically sound and defensible, so that the proposed site, potential contaminant pathways in the subsurface environment, and all potential environmental impacts of the proposed undertaking are clearly understood. Walker will undertake environmental assessment studies to adequately describe baseline conditions and demonstrate that it can clearly understand the proposed site and potential environmental impacts of the proposed undertaking. This will include that Walker will evaluate the 'do nothing' alternative using a full range of natural, social, economic, cultural and technical criteria. The specific set of environmental criteria and evaluation methods will be confirmed in consultation with the public, Aboriginal communities and government reviewers.

  9. As part of the environmental assessment, Walker shall consider and evaluate alternative methods for the separation, at source, at the landfill or by other method, of Industrial, Commercial and Institutional waste such as, but not limited to, recyclables and organics that may have other end uses outside of final landfill disposal.
  10. The Groundwater/Surface Water Assessment set out in Appendix B, Section 5.7 of the Terms of Reference shall specifically include: mapping of geological exposures in the existing quarry, along with investigations and testing, to determine the presence and significance of fractures and karst features within the bedrock, in consultation with an expert in karst geology.
  11. The evaluation of the proposed undertaking set out in Section 8.2, pages 31-34 of the Terms of Reference shall include a separate characterization of the noise emissions from major potential sources (i.e., landfill, Carmeuse quarry/lime manufacturing, and stationary sources from both), which will highlight their individual contributions, in further consultation with the Ministry of the Environment and Climate Change. The stationary source sound level of the quarry/lime plant operation should be added to the stationary source sound level component of the landfill and compared to the appropriate limit. The landfilling activity sound level should be compared to the appropriate limit. The only background sound acceptable for the purpose of modifying stationary or landfilling limits shall be the sound of road traffic vehicles not related to Carmeuse or Walker operations, taking the 1-hour predictable worst case (lowest sound level) applicable to day or night limits. The stationary source sound total shall be added to the landfilling sound level, and presented as "cumulative effect"; this is for environmental assessment purposes only and does not have an established limit for future Environmental Compliance Approval assessment. The sound level of Carmeuse-related off-site truck traffic at the Points of Reception should be presented as "Existing Haul Route Traffic", the predicted sound level of Walker-related off-site truck traffic shall be presented as "New Haul Route Traffic", and the sum of the two shall be presented as "Total Haul Route Traffic".
  12. Walker shall also prepare a cumulative effects assessment work plan and implement the following activities:
    1. Prior to finalizing the cumulative effects assessment work plan, Walker shall be required to consult with the Ministry of the Environment and Climate Change in the development of a draft cumulative effects assessment work plan on the method and how the assessment of cumulative effects should be presented in the environmental assessment. Walker shall also consider the guidance document Addressing Cumulative Environmental Effects under the Canadian Environmental Assessment Act (CEAA, 2007) when drafting its cumulative effects assessment work plan. In addition, Walker shall use cumulative effects assessment guidance documents issued by the Ministry of the Environment and Climate Change in the environmental assessment, if and when available.
    2. Walker shall be required to post the draft cumulative effects assessment work plan on the project website, communicate the availability of the draft cumulative effects assessment work plan for review and comment by government agencies, Aboriginal Communities and interested members of the public in conjunction with the proposed public Open Houses or a Drop-In Exhibit (Terms of Reference, Section 10.2, pages 68), circulate copies of the work plan ministry’s Technical Review Team, the Ministry of Natural Resources and Forestry, the Conservation Authority, Aboriginal communities and the Committee Peer Review Team for review and comment.
    3. Arrange meetings/workshops, where requested to discuss the draft cumulative effects assessment work plan.
    4. Consult with the Ministry of the Environment and Climate change on the finalization of the cumulative effects assessment work plan.
    5. Post the final cumulative effects assessment work plan on the project website.

  13. In addition to the proposed health risk assessment, Walker’s health expert shall carry out a screening-level review of the socio-economic assessment results to determine the potential for related health effects. Early in the environmental assessment process, prior to finalizing any work plans associated with the determination of health effects, Walker shall consult with the Joint Municipal Coordinating Committee and local medical officer of health to get input on the criteria and methods of assessment. As part of this consultation, Walker will discuss with the Joint Municipal Coordinating Committee and local medical officer of health, at a minimum, the determinants of health that will be assessed, and the different stages of assessment that will be undertaken including screening, scoping, assessment, mitigation, reporting and monitoring.

    Walker shall provide detailed documentation of the issues and concerns raised in the finalization of the health studies work plans and the results. The documentation will include how those issues were considered, the steps that were undertaken to address comments received, where possible, and the rationale for why some comments may not have been addressed. If any significant negative effects are identified as part of the health studies, Walker’s health expert will work closely with the social, economic and environmental experts, including the Joint Municipal Coordinating Committee and local medical officer of health, to determine what, if any, further studies are necessary and adapt or augment their mitigation recommendations to minimize or eliminate these potential effects, and characterize any residual net effects for the purposes of this environmental assessment. This decision-making will also be documented.

  14. In its environmental assessment, Walker shall include an assessment on how the preferred project may contribute to greenhouse gas emissions. In addition, Walker will assess the potential effects of climate change on the preferred alternative, and related potential risks to the environment resulting from these effects. For example, the assessment of potential effects may include, but not limited to, effects related to severe weather events on stormwater management. The environmental assessment shall include a consideration of climate change adaptation measures to reduce and manage such potential effects during all periods (Operational Period, which includes construction, and Post Closure Period) of the preferred alternative. Walker shall use climate change assessment guidance documents issued by the Ministry of the Environment and Climate Change in the environmental assessment, if and when available.
  15. In completing its Terms of Reference, Walker shall:
    1. Demonstrate that the proposed undertaking is capable of meeting the requirements under Ontario Regulation 232/98.
    2. Demonstrate whether the undertaking will be consistent with the purpose of the Environmental Assessment Act, in particular the protection, conservation and wise management of the environment. This will include a full description of impacts to the environment and human health from all phases of the project, construction, operation, closure and post-closure.

Pursuant to subsection 6.1(1) of the Environmental Assessment Act, any environmental assessment for the above-noted undertaking, submitted to the Ministry of the Environment and Climate Change pursuant to subsection 6.2(1) of the Environmental Assessment Act, must be prepared in accordance with the amended Terms of Reference as hereby approved.

Dated the 17th day of March 2016 at Toronto.

Original signed by
Minister of the Environment and Climate Change
77 Wellesley Street West
11th Floor, Ferguson Block
Toronto, Ontario
M7A 2T5