Declaration order

Having received a request from Canadian Waste Services Incorporated (proponent) that it and an undertaking, the LaSalle Landfill Site, be declared pursuant to section 3.2 of the Act, not subject to sections 5 and 38 of the Environmental Assessment Act in relation to Condition D.6 imposed in the earlier approval of the undertaking under the Act; and

Having been advised by the proponent that if the undertaking is subject to the application of the Act, the following injury, damage or interference indicated will occur:

  1. The actual annual tonnage received at the facility has consistently been below 60% of the approved capacity due, in part, to the daily tonnage restriction, imposed by Condition D.6, of 1000 tonnes per day. At this rate of landfilling, the anticipated landfill life expectancy is 15 years.
  2. The issuance of a new Environmental Protection Act Certificate of Approval (amending the daily tonnage rate) cannot proceed until such time as the effect of Environmental Assessment Act Condition D.6 is removed.

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 proponent and the undertaking are not subject to the application of Sections 5 and 38 of the Act, in relation to Condition D.6, for the following reasons:

  1. Staff from MOE Approvals Branch have been working with the proponent throughout this process. They have reviewed this request for removal of Condition D.6 and agree that the issue of daily tonnage rates is best addressed through the EPA Certificate of Approval.
  2. The proponent has indicated that this facility is currently in compliance with the current Certificate of Approval and that no significant or unacceptable effects to the local environment or to the public are anticipated as a result of this order. The proponent states that, if the undertaking is not subject to Condition D.6, the undertaking can be operated more efficiently and that it could reach its current maximum approved capacity in less than 15 years. With an accelerated landfill closure, the rehabilitation and re-vegetation of the closed waste cells could be completed at an earlier date with resulting benefits to local residents.
  3. Potential concerns regarding leachate, surface water, dust, odour and other emissions to the atmosphere which may result from changes to the operation of the facility can be adequately addressed through modifications to the EPA Certificate of Approval.
  4. This declaration order request was placed on the Environmental Bill of Rights Registry for a 30-day public review (EBR Registry number RA8E0011). No comments were received during or after the closure of the review period.

This Declaration Order is subject to the following terms and conditions:

  1. Where any activity which under this order would be declared not subject to the Act, is being carried out as, or is part of, an undertaking for which an environmental assessment has been accepted and approval to proceed received, the activity shall be carried out in accordance with any terms and conditions in the approval to proceed including any provisions of the environmental assessment incorporated therein by reference except condition D.6 in the approval for the undertaking issued under the Act and dated the 2nd day of December, 1993.

Original signed by:
Minister of the Environment

Approved by O.C. number 996/98
Environmental assessment file number: MU-0436-05