Notice of approval

Proponent: Corporation of the Town of Moosonee
Environmental assessment file number: EA-02-08-02

Take notice that the period for requiring a hearing, provided for in the Notice of Completion of the ministry Review for the above-noted undertaking, expired on March 26, 2010.

I received no requests for a hearing by the Environmental Review Tribunal before the expiration date.

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. The proponent has demonstrated that the environmental effects of implementing the preferred alternative can be appropriately prevented, changed, mitigated or remedied.
  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.

Conditions

1. Definitions

For the purposes of these Conditions:

Certificate of Approval
means the Certificate of Approval issued in respect of the site under section 39 of the EPA
Director
means the Director of the Environmental Assessment and Approvals Branch.
District Manager
means the District Manager of the Timmins District Office of the Ministry of the Environment.
District Office
means the Timmins District Office of the Ministry of the Environment.
EAAB
means the Environmental Assessment and Approvals Branch of the Ministry of the Environment.
environmental assessment
means the document titled The Corporation of the Town of Moosonee Landfill Expansion Environmental Assessment, dated October 2009.
EPA
means the Environmental Protection Act, R.S.O. 1990, chapter E. 19, as amended.
ministry
means the Ministry of the Environment.
Ontario Regulation 232/98
means Ontario Regulation 232/98, made under the EPA
PLC
means the Public Liaison Committee.
proponent
means the Corporation of the Town of Moosonee.
Regional Director
means the Director of the ministry’s Northern Regional Office.
site
means Lots 3, 4 & 5, Concession 10 and parts of Lots 4 & 5, Concession 9, Township of Harden, District of Cochrane.
undertaking
means the Moosonee Landfill Expansion located at the site.

2. General requirements

  1. The proponent shall comply with the provisions in the environmental assessment 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. These conditions do not prevent more restrictive conditions being imposed under other statutes.

3. Public record

  1. Where a document is required for the public record, the proponent shall provide two copies of the document to the Director: a copy for filing within the specific public record file maintained for the undertaking and a copy for staff use.
  2. Additional copies of such documents will be provided by the proponent for public access to the:
    1. Regional Director (as required);
    2. Clerk of the Corporation of the Town of Moosonee;
    3. Public Liaison Committee, if applicable.
  3. The EAAB file number EA-02-08-02 shall be quoted on the document.
  4. These documents may also be provided through other means as considered appropriate by the proponent.

4. Compliance monitoring program

  1. The proponent shall prepare and submit to the Director for the public record, an environmental assessment compliance monitoring program.
  2. The environmental assessment compliance monitoring program shall be submitted within one year of the date of approval of the undertaking.
  3. The environmental assessment compliance monitoring program shall be prepared for the monitoring of the proponent’s fulfilment of the provisions of the environmental assessment for mitigation measures, public consultation, and additional studies and work to be carried out, and of all other commitments made during the preparation of the environmental assessment and the subsequent ministry Review of the environmental assessment for mitigation measures, public consultation, and additional studies and work to be carried out.
  4. The environmental assessment compliance monitoring program must contain an implementation schedule.
  5. A statement must accompany the environmental assessment compliance monitoring program when submitted to the Director, indicating that the program is intended to fulfil this condition.
  6. The environmental assessment compliance monitoring program, as it may be amended by the Director, must be carried out by the proponent.
  7. The proponent shall make the environmental assessment compliance monitoring program 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.

5. Compliance reporting

  1. The proponent shall prepare an annual compliance report which describes compliance with the conditions of approval set out in this notice and which describes the results of the proponent’s environmental assessment compliance monitoring program.
  2. The annual compliance report shall be submitted to the Director for placement on the public record, with the first report being due no later than one year following the submission date of the program, and shall cover all activities of the previous calendar year.
  3. The proponent shall submit annual compliance reports until all conditions are satisfied.
  4. When all conditions have been satisfied, the proponent shall indicate in the annual compliance report that this is its final submission.
  5. 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.
  6. 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.

6. Public Liaison Committee

  1. The proponent shall make a reasonable effort to establish and maintain a PLC in respect of the site to ensure that public concerns are addressed and mitigation measures are undertaken where appropriate.
  2. If there is interest in forming a PLC and members are willing to serve, the PLC shall be established. The PLC shall serve as the focal point for dissemination, review and exchange of information and monitoring results relevant to the undertaking.
  3. If the PLC is not operating, due to lack of interest from the public in continuing the existing PLC or in participating in a new committee, the proponent shall publish a notice at least once every two years inviting expressions of interest in forming the PLC.

7. Complaint protocol

  1. The proponent shall prepare and develop a protocol on how it will deal with and respond to inquiries and complaints received during the operation of the undertaking.
  2. The proponent shall submit the protocol described in Condition 7.1 to the Director for placement in the public record within one year of the date of approval of the undertaking.
  3. A statement must accompany the protocol described in Condition 7.1 when submitted to the Director indicating that the protocol is intended to fulfil this condition.

8. Surface water monitoring program

  1. The proponent shall prepare a detailed surface water monitoring program for the unnamed creek adjacent to the eastern edge of the site and for Maidmain’s Creek, to determine the impact of historical and the current Moosonee landfill operations on the water quality, and establish baseline conditions of the water quality and hydrology.
  2. Subject to Condition 8.3, at minimum the proponent shall include the following in the surface water monitoring program described in Condition 8.1:
    1. a minimum sampling frequency of thrice yearly, or if specified in the Certificate of Approval, the sampling frequency specified in the Certificate of Approval; and
    2. the use of suction lysimeters to sample shallow groundwater flow off the site.
  3. If the Certificate of Approval does not specify surface water sampling frequency, the District Manager may review the sampling frequency required under Condition 8.2(a), and may amend the surface water monitoring program accordingly.
  4. The proponent shall submit the surface water monitoring program described in Condition 8.1 to the District Manager for review and approval no later than 3 months after the date of this approval.
  5. The surface water monitoring program shall commence on a date to be determined by the District Manager and shall continue until such time as the District Manager determines that the surface water monitoring program is no longer required, or; if specified in the Certificate of Approval, shall continue until such time as specified in the Certificate of Approval.
  6. The proponent shall implement the surface water monitoring program, as may be amended.

9. Application under Part V of the EPA

Application work plan

  1. The proponent shall prepare, in consultation with the Director a work plan that includes at minimum the following:
    1. A description of all assessments, modeling, monitoring and contingency plans that are required by Ontario Regulation 232/98 that will be included in the proponent’s application for approval under Part V of the EPA;
    2. A schedule indicating when all such assessments, modeling, monitoring and contingency plans will be created or conducted; and,
    3. A schedule indicating when the proponent expects to submit its application for approval under Part V of the EPA to the ministry.
  2. The proponent shall submit the work plan outlined in Condition 9.1 to the Director for review and approval no later than 3 months after the date of this approval.
  3. The proponent shall implement the approved work plan outlined in Condition 9.1 within the timelines specified in the work plan.

Application

  1. The proponent shall ensure that its application for approval under Part V of the EPA demonstrates compliance with any applicable requirements of Ontario Regulation 232/98, the EPA and Ontario Regulation 347 made under the EPA
  2. In addition to any other information that may be required, the proponent shall include copies of the following in its application for approval under Part V of the EPA:
    1. the surface water monitoring program described in Condition 8; and
    2. the application work plan described in Condition 9.1.

Dated the 6th day of December 2010 at Toronto

Original signed by:
Minister of the Environment
77 Wellesley Street West, 11th floor, Ferguson Block
Toronto, Ontario
M4V 1P5