Notice of approval

Proponent: The Corporation of the Town of Kenora (also on behalf of The Corporation of the Town of Jaffray Melick and The Corporation of the Town of Keewatin)
Environmental assessment file number: MU-0387-06

Take notice that the period for requiring a hearing, provided for in the Notice of Completion of the Review for the above noted undertaking, expired on December 22, 1997. The Ministry received 12 submissions before the expiry of the public review period and an additional 13 submissions following the expiry date. In addition to rejecting the location for the site, specific concerns related to potential impact on surface waters downstream from the landfill site. I received no submissions requiring a hearing before the expiration date. One late submission requested a hearing by the Environmental Assessment Board. The public, including the submitters, had been advised that the Minister was considering applying section 9 of the amended Act with respect to the Environmental Assessment (which has the effect of eliminating the acceptance decision which was necessary prior to January 1, 1997) and were invited to make submissions on that proposal. There were no public submissions related to this provision and an order was issued under subsection 12.4(3) of the Act making section 9 apply.

I do not consider it advisable or necessary to hold a hearing. Having considered the purpose of the Act, the Environmental Assessment, the Review and submissions received, I hereby give approval to proceed with the undertaking, subject to terms and conditions set out below.

Reasons

My reasons for giving approval are:

  1. On the basis of the proponent’s Environmental Assessment and the 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. Issues raised in the submissions regarding potential adverse surface water impact are best addressed by the conditions of approval set out below.
  4. On the basis of the proponent’s Environmental Assessment, the Review and the conditions of approval, the construction, operation and maintenance of the undertaking will be consistent with the purpose of the Act (section 2).
  5. The Government Review Team has indicated no outstanding concerns that can not be addressed through conditions of approval. The public review of the Environmental Assessment did not identify any outstanding concerns which can not be addressed through these conditions of approval or conditions of a provisional certificate of approval under the Environmental Protection Act.
  6. 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

Definitions

For the purpose of these Conditions:

proponents
mean The Corporation of the Town of Kenora, The Corporation of the Town of Jaffray Melick and The Corporation of the Town of Keewatin;
site
refers to the Kenora Area Landfill Site;
Regional Director
refers to the Regional Director, Northern Ontario Region, Ministry of the Environment;
SLC
refers to the Site Liaison Committee;
EPA
refers to the Environmental Protection Act, R.S.O. 1990;
EAA
refers to the Enviromental Assessment Act;
MOE
refers to the Ministry of the Environment; and
Approvals Director
refers to the Director of the Approvals Branch, Ministry of the Environment.

General requirements

  1. The proponents shall comply with the provisions of the Environmental Assessment including the supplementary material submitted on February 27, 1997, all of which are hereby incorporated by reference in this approval, except as provided in these conditions and as provided in the Part V EPA provisional certificate of approval for the site.
  2. These conditions apply to the proponents and their successors.
  3. The proponents shall bear all costs that are associated with the design, development, operation, closure, monitoring, leachate and gas collection, and, if necessary, restoration of affected water supplies, related to the site. This provision shall not prevent the proponents from recovering costs under a contract or recovering costs from persons otherwise liable for them because of wrongful acts for which those persons are responsible.
  4. These terms and conditions do not prevent more restrictive conditions being imposed under other statutes or agreed to by the proponents.

Public record

  1. Where a document is required for the public record, it shall be provided to the Director of the Environmental Assessment Branch for filing with the public record file maintained for the undertaking. Additional copies of all such documents will be provided by the proponents for public access to:
    • the Regional Director;
    • at least one local library;
    • the offices the clerk’s of the proponents; and
    • the Site Liason Committee.

Yearly report

  1. Each year, until the fifth year after the completion of closing of the site, the proponents shall issue a Yearly Report describing compliance with these and any other conditions of approval. A copy of the report will be forwarded to:
    • the public record;
    • the Medical Officer of Health for the District of Kenora.

    This Yearly Report may be combined with any report required under the EPA or any other statute.

    The proponent shall publish notice of the availability of the Yearly Report in local newspapers.

Site Liaison Committee

  1. The proponents shall establish initial terms of reference for the SLC including specific details as to membership and when and how the SLC will be activated, to the satisfaction of the Regional Director within six months of receiving EPA approval. The proponents may change the terms of reference for the SLC from time to time provided that if any member of the SLC objects to any change, it shall not come into effect until approved by the Regional Director of the MOE who may modify any proposed change prior to approving it.

    The proponents shall maintain provisions for the SLC in accordance with any provisions in the Certificate of Approval governing the Kenora Area Landfill Site issued under the EPA.

Surface water impact assessment

  1. The proponents will complete, to the satisfaction of the Approvals Director, a further evaluation of potential adverse surface water impact on Silver Lake prior to receiving approval under the EPA. The proponents will submit within 30 days of receiving the approval under the EAA, to the Approvals Director, a proposed study plan detailing requirements for this further evaluation including a schedule for the completion of the evaluation. The study plan for the further evaluation (study), any sampling data, and details on evaluation conclusions and identified mitigation or contingency plans are required for the public record.

    The proponents shall submit the study plan, and once approved, the results of the study to the Approvals Director prior to a provisional certificate of approval being issued under Part V of the EPA (this condition does not prohibit the proposed study plan from providing for work to be done after the provisional certificate of approval is issued).

    That the proponents shall undertake additional background studies to confirm to the public whether there are any potential adverse surface water impacts from the landfilling operation. The proponents shall include any proposed sampling in the study plan referred above.

Dated the 20th day of May 1998 at Toronto

Original signed by:
Minister of the Environment and Energy
135 St. Clair Avenue West, 15th Floor
Toronto, Ontario
M4V 1P5