Declaration order

Having received a request from Lafleche Environmental Incorporated that an undertaking, namely,

The increase of the annual fill rate at Lafleche’s Eastern Ontario Waste Handling Facility from 200,000 to 300,000 tonnes of waste per year

be declared not subject to the Environmental Assessment Act (the Act) and its regulations, pursuant to section 3.2; and

Having been advised by Lafleche 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:

  1. Lafleche would be damaged and interfered with by the incurrence of additional time and expense that would be required to go through the environmental assessment process.
  2. The public would not benefit from an Environmental Assessment (EA) being conducted as the environmental impacts will be addressed through amendments to the Environmental Protection Act approvals.
  3. There is a need for waste disposal capacity in Ontario, the prolonged approvals process that would be required with an EA would result in the continued loss of business opportunities for Lafleche and would not allow the province to meet current demand for waste disposal capacity.

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 declare and declares that the undertaking is not subject to the application of the Act for the following reasons:

  1. An environmental assessment could not be adequately conducted according to the Act due to the limited number of alternatives to increasing annual fill rate that could be evaluated.
  2. Notice of the proposal to issue this order has been placed on the Environmental Bill of Rights Registry and comments received have been considered in the preparation of this order.
  3. Lafleche has carried out public consultation by keeping the Community Liaison Committee updated, visiting neighbours of the facility, and holding open houses. Communication with the Township of North Stormont and the United Counties of Stormont, Dundas and Glengarry is frequent and the Township of North Stormont fully supports the increase in annual fill rate and the exemption from the Act.
  4. The increase in the annual fill rate will not result in effects that are not otherwise currently experienced at the site. The site is currently in compliance with provincial legislation.

This Declaration Order is subject to the following conditions:

Lafleche will prepare and submit a final traffic study to the Director of the Environmental Assessment and Approvals Branch of the Ministry of the Environment to be placed on the public record, on or before the date of applying to amend the Environmental Protection Act approvals.

Dated the 13th day of February, 2006 at Toronto.

Original signed by:
Minister of the Environment

Approved by O.C. number 524/2006
Enviromental assessment file number: EA04-08-02