Environmental assessment act
Section 9
Notice of approval to proceed with the undertaking

RE: An Environmental Assessment for the Brooks Road Landfill Site Vertical Capacity Expansion

Proponent: 2270386 Ontario Limited (Brooks Road Environmental)

EA Reference No.: 13004
EA File No.: 03-08-02

Take notice that the prescribed deadline for requiring a hearing, provided for in the Notice of Completion of the Ministry Review for the above-noted undertaking, expired on August 25, 2017.

Having considered the purpose of the Environmental Assessment Act, the approved Terms of Reference, the Environmental Assessment, and the Ministry Review and comments received, I hereby give approval to proceed with the Undertaking, subject to the conditions set out below.

Reasons

My reasons for giving approval are:

  1. The Proponent has complied with the requirements of the Environmental Assessment Act.
  2. The Environmental Assessment has been prepared in accordance with the approved Terms of Reference.
  3. On the basis of the Proponent’s Environmental Assessment and the Ministry Review, the Proponent’s conclusion that the advantages of this undertaking outweigh its disadvantages appears to be valid.
  4. No other beneficial alternative method of implementing the Undertaking was identified.
  5. The Proponent has demonstrated that the environmental effects of the Undertaking can be appropriately managed and mitigated.
  6. 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).
  7. The government agency, public and Indigenous community review of the Environmental Assessment has indicated no outstanding concerns that cannot be addressed through commitments made in the Environmental Assessment, through conditions set out below, or through future approvals that will be required. 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:

  1. Definitions

    For the purposes of these conditions:

    "Construction"
    means physical construction activities, including site preparation works, but does not include the tendering of contracts.
    "Date of Approval"
    means the date on which the Order in Council pertaining to the approval of the Environmental Assessment was signed by the Lieutenant Governor-in-Council.
    "Director"
    means the Director of the Environmental Assessment and Permissions Branch.
    “Environmental Assessment”
    means the document titled Brooks Road Landfill Site Vertical Capacity Expansion Environmental Assessment February 2017.
    “Environmental Compliance Approval”
    means an approval issued under Part II.1 of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended.
    "Ministry"
    means the Ontario Ministry of the Environment, Conservation and Parks.
    "Indigenous Communities"
    means: Six Nations of the Grand River, Mississaugas of the New Credit First Nation, and Métis Nation of Ontario – Region 9 (representing Clear Waters Métis Council and Niagara Region Métis Council)
    "Proponent"
    means 2270386 Ontario Limited (Brooks Road Environmental), its agents, successors, and assigns.
    "Site"
    means the Brooks Road Landfill Site consisting of a 6 hectare waste fill area within a waste disposal site of 14.3 hectares, located in Part of Lot 24, Concession 1, North of Talbot Road, Haldimand County.
    “Species at Risk”
    means the species that are on the Species at Risk in Ontario List provided by Ontario Regulation 230/08 of the Endangered Species Act, S.O. 2007, c. 6 as amended.
    "Undertaking"
    means the planning, design, construction, operation, and closure of the vertical expansion of the waste fill area at the Site for an additional 421,000 cubic metres of waste disposal capacity (including cover) and associated works, as specified in the Environmental Assessment.
  1. General Requirements
    1. The Proponent shall comply with the provisions in the Environmental Assessment, which are hereby incorporated into this Notice of Approval by reference, except as provided in the conditions of this Notice of Approval and as provided in any other approval or permit that may be issued for this Site.
    2. The Proponent shall fulfill all commitments made in the Environmental Assessment.
    3. The conditions of the Notice of Approval 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 post the document on the Proponent website and provide one hardcopy and one electronic copy of the document to the Director.
    2. The EA Reference Number 13004 and EA File Number 03-08-02 shall be quoted on all documents submitted to the Ministry pursuant to this Notice of Approval.
    3. For every document submitted to the Ministry, the Proponent shall clearly identify which condition of approval the document is meant to fulfill.
  3. Compliance Monitoring Program
    1. The Proponent shall prepare and submit to the Director for approval and for the public record, an Environmental Assessment compliance monitoring program.
    2. The compliance monitoring program shall be submitted within one year from the Date of Approval, or 60 days before the commencement of Construction, whichever is earlier, or by another date agreed upon by the Director.
    3. The compliance monitoring program shall include a description of how the Proponent will:
      1. monitor implementation of the Undertaking in accordance with the Environmental Assessment with respect to mitigation measures, public consultation, and additional studies and work to be carried out;
      2. monitor compliance with the conditions in this Notice of Approval; and,
      3. monitor compliance with all commitments made in the Environmental Assessment and the subsequent review of and approval process for the Environmental Assessment with respect to mitigation measures, public consultation, and additional studies and work to be carried out.
    4. The compliance monitoring program must contain an implementation schedule for monitoring activities to be completed.
    5. The Director may require the Proponent to amend the compliance monitoring program at any time. Should an amendment be required, the Director will notify the Proponent in writing of the required amendment and the date by which the Proponent must complete and submit the amendment to the Director.
    6. The Proponent shall submit the amended compliance monitoring program to the Director within the time period specified by the Director.
    7. The Proponent shall implement the compliance monitoring program and any amendments to it.
  4. Compliance Reporting
    1. The Proponent shall prepare an annual compliance report outlining the results of the compliance monitoring program (Condition 4 above) and place the document on the public record.
    2. The first compliance report shall be submitted to the Director for review and for the public record no later than one year following the Date of Approval. Each subsequent annual compliance report shall be submitted on the date that is the anniversary of the Date of Approval thereafter. Each report shall cover the previous year to the date of report submission.
    3. The Proponent shall submit annual compliance reports until all conditions are satisfied.
    4. Once all conditions in this Notice of Approval have been satisfied, the Proponent shall notify the Director in writing that the final annual compliance report is being submitted, and that all conditions in this Notice of Approval have been satisfied.  The Ministry will confirm whether all conditions have been satisfied and the Director will state this in writing to the Proponent.
    5. The Proponent shall retain either on the 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.
    6. The Proponent shall make the compliance reports and associated documentation available to the Director or a designate in a timely manner when requested to do so by the Ministry.
  5. Complaint Protocol
    1. The Proponent shall prepare and implement a complaint protocol that sets out provisions for dealing with and responding to inquiries and complaints during all stages of the Undertaking. The complaint protocol shall include a procedure for notifying the Ministry’s Hamilton District Office of the complaints received.
    2. The Proponent shall submit the complaint protocol to the Director for approval and for the public record within one year from the Date of Approval, or 60 days before the start of Construction, whichever is earlier, or by another date agreed upon by the Director.
    3. The Director may require the Proponent to amend the complaint protocol at any time. Should an amendment be required, the Director shall notify the proponent in writing of the amendment required and when the amendment must be completed.
    4. The Proponent shall submit the amended complaint protocol to the Director within the time period specified by the Director.
    5. The Proponent shall implement the complaint protocol and any amendments to it.
    6. The Proponent shall provide a summary on the complaints received and how they were addressed as part of the annual compliance reporting (Condition 5) and post the summary on the website as part of the public record.
  6. Consultation with Indigenous Communities
    1. The Proponent shall prepare, in consultation with Indigenous Communities, an Indigenous consultation plan that sets forth:
      1. how, during the planning, design, Construction, operation, and closure of the Undertaking, the Proponent will consult with Indigenous Communities and provide them with opportunities to be involved in environmental monitoring activities;
      2. how the Proponent will notify Indigenous Communities, using a notification protocol, if archaeological resources or Indigenous remains are encountered during the planning, design, Construction, operation, and closure of the Undertaking; and,
      3. how the Proponent will issue notices and updates to Indigenous communities on key steps in the planning, design, Construction, operation, and closure of the Undertaking.
    2. 90 days before the start of Construction or by such other date as may be agreed to in writing by the Director, the Proponent shall submit the Indigenous consultation plan to the Director for approval, with an outline of how the Proponent consulted on it as per Condition 7.1 above.
    3. Once the Director is satisfied with the Indigenous consultation plan, the Proponent shall implement the Indigenous consultation plan during the planning, design, Construction, operation, and closure of the Undertaking.
  7. Air Quality and Odour
    1. When applying for an Environmental Compliance Approval, the Proponent shall provide, to the satisfaction of the Ministry, the following information as part of its application:
      1. an emissions summary and dispersion modelling report that includes landfill gas;
      2. an odour assessment and modelling report for the expanded landfill Site;
      3. a dust management plan for the Site which shall include fugitive dust emissions from all sources at the Site; and
      4. an odour management plan detailing the measures for addressing the potential odours that may emanate from the Site.
    2. The Proponent shall prepare and implement a landfill gas mitigation plan that specifies measures for monitoring and reducing landfill gas emissions for the Construction, operation, closure and post-closure phases of the expanded landfill Site. The Proponent shall report on changes in landfill gas production in its annual compliance report (Condition 5 above).
  8. Groundwater and Surface Water Protection
    1. When applying for an Environmental Compliance Approval, the Proponent shall provide, to the satisfaction of the Ministry, the following information as part of its application:
      1. information documenting the performance of the existing leachate management system at the Site;
      2. a description in the design and operations report on how the Proponent will manage the rate of fill and potential leachate generation; and,
      3. a leachate management plan for the vertical landfill expansion.
  9. Extreme Weather Events
    1. When applying for an Environmental Compliance Approval, the Proponent shall provide to the satisfaction of the Ministry as part of its application, an assessment of landfill vulnerability to side slope failure due to extreme weather events. The Proponent shall complete a slope stability modelling exercise to determine the appropriate safety factor to be applied to the design of the vertically expanded landfill and identify appropriate mitigation and contingency measures to prevent side slope failure.
  10. Waste Diversion
    1. The Proponent shall develop and implement a waste diversion protocol which shall contain information on awareness programs for waste generators and haulers, and on-site waste segregation protocols to maximize the diversion of industrial, commercial and institutional waste, including organics. The Proponent shall submit the waste diversion protocol to the Ministry in its application for an Environmental Compliance Approval and report industrial, commercial and institutional waste diversion amounts in its annual compliance report (Condition 5 above).
  11. Wetland and Species at Risk Protection
    1. The Proponent shall install a permanent silt fence that extends the entire perimeter of the Site property to exclude wildlife from accessing the Site. This exclusion fence shall be routinely monitored and maintained in good working condition throughout the Construction, operation and closure of the landfill.
    2. The Proponent shall train staff in the identification of Blanding’s Turtle and other Species at Risk known to be within the general vicinity of the Site. Training shall include Species at Risk awareness and the appropriate steps to take upon encountering a Species at Risk. In the event that a Species at Risk is found on the Site property, all activities that could potentially harm the animal shall cease and a Ministry of Natural Resources and Forestry biologist shall be contacted.
    3. The Proponent shall develop and implement a wetland monitoring program to demonstrate that there are no impairments to water quality, quantity, vegetation, or wildlife in the Cayuga Swamp Wetland Complex located adjacent to the Site as a result of the Undertaking. The Proponent shall prepare wetland monitoring reports outlining the results of the wetland monitoring program.. The Proponent shall provide copies of the wetland monitoring reports to the Ministry of Natural Resources and Forestry and submit them to the Ministry as part of its annual compliance report (Condition 5 above).
  12. Duration of Approval
    1. If Construction has not commenced within 2 years of the Date of Approval, the Proponent shall conduct a review of the Environmental Assessment and submit that review to the Director. The review shall look at the potential environmental effects and mitigation measures, and identify any changes to these components. If Construction has not commenced within 5 years of the Date of Approval, this Notice of Approval shall expire.

Dated the 15 day of January 2019 at Toronto.

[Original Signed by]
Minister of the Environment, Conservation and Parks

77 Wellesley Street West
11th Floor, Ferguson Block
Toronto, Ontario
M7A 2T5

Approved by O.C. No. _______________
Date O.C. Approved _______________

Order in Council 186/2019