Declaration order

Having received a request from The Regional Municipality of Sudbury that, pursuant to section 3.2 of the Environmental Assessment Act (Act), section 5 of the Act be declared not to apply to an undertaking, namely:

the expansion, operation and closure of the existing Nickel Centre landfill located on part of Lots 1 and 2, Concession 2, in the Township of Garson, for the disposal of non-hazardous municipal, commercial and solid industrial wastes from the Town of Nickel Centre, as currently authorized under Provisional Certificate of Approval number 540608, for a five (5) year interim period; and

Having been advised by The Regional Municipality of Sudbury 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. The proponent will be subject to delay and expense, if required, to prepare an environmental assessment for the undertaking.
  2. The proponent will be subject to unnecessary delay and expense in using or establishing an alternative waste disposal facility.

Having weighed such injury, damage, or interference against the betterment of the people of the whole or any part of Ontario by providing for 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 order and orders that section 5 of the Act not apply to the undertaking for the following reasons:

  1. The continued operation of the existing landfill is clearly an interim measure.
  2. Alternatives have been investigated and interim use and expansion is the most reasonable alternative, pending commissioning of a facility through the Proponent’s long-term waste management program.
  3. A mandatory public hearing under Part V of the Environmental Protection Act for approval of the continued operation and interim expansion will be held, thereby permitting the public and government agencies the opportunity to review the proposed changes to the site to protect the environment.
  4. It is the Proponent’s intention that the proposed long-term waste management program of The Regional Municipality of Sudbury be pursued in accordance with applicable legislation and the Proponent expects that sufficient elements of the program will be implemented prior to the conclusion of the exempt undertaking, so that the Proponent will not have to seek further approvals for the Nickel Centre Landfill Site prior to completion of the long term waste management program.

This declaration is subject to the following conditions:

  1. Where any activity which otherwise would not be subject to section 5 of the Act under this order, is being carried out as, or is part of, an undertaking for which an environmental assessment has been submitted and approval to proceed received, the activity shall be carried out in accordance with any conditions in the approval to proceed as well as the conditions of this order.
  2. Where any activity which is the subject of this order, is being carried out as, or is part of, another undertaking which is the subject of a declaration order, or an exemption order issued under the Act, the activity made not subject to section 5 under this order shall be carried out in accordance with any conditions in the other declaration or exemption order as well as the conditions in this order.
  3. When a condition requires a proponent to file something in the Public Record, a copy shall be sent to the Director of the Environmental Assessment Branch of the Ministry of Environment and Energy for filing with the public records kept, under section 30 of the Act, by the Branch.
  4. The undertaking may include the acquisition of additional lands within the boundaries of the lands shown as "Location Plan" on Figure 2, June 1996, a copy of which is in the document entitled Nickel Centre Landfill Interim Expansion Application for an EAA Exemption prepared by M. M. Dillon Limited, June 1996, which document is filed in the Public Record. The above-mentioned lands may be amended as a result of the hearing under Part V of the Environmental Protection Act.
  5. No waste shall be deposited at the Nickel Centre Landfill Site pursuant to this order after five years after the date of receipt of waste under this order in the interim expansion area.
  6. The Proponent will continue to file the annual reports on its progress in implementing its long-term waste management program, as required under condition 6 of Ontario Regulation number 393/93 (an exemption order for the interim expansion of the Sudbury Landfill Site) until the later of the time provided under that exemption order and the Director, Environmental Assessment Branch advising the Proponent in writing that further reports are not required pursuant to this condition.
  7. Except as may be provided in the Certificate of Approval issued under Part V of the Environmental Protection Act, the Nickel Centre Landfill Site shall be operated in accordance with the reports entitled: Nickel Centre Landfill lnterim Expansion Application for an EAA Exemption and Nickel Centre Landfill lnterim Expansion Technical Support Document.
  8. The Proponent will prepare and give such public notice as is appropriate in the Proponent’s opinion, which notice must include an advertisement in a newspaper with general circulation to the area surrounding the Nickel Centre Landfill Site, of the annual reports, if any, required by the Part V Certificate of Approval relating to monitoring, closure and post closure activities at the site. The notice must specify locations where the Proponent will make the reports available for review and comment. A copy of each notice shall be provided to the Environmental Assessment Branch for the Public Record.
  9. Obtaining all necessary approvals for the implementation of The Regional Municipality of Sudbury’s long-term waste management program in accordance with applicable legislation within the interim period specified in Condition 5 will be pursued expeditiously.

Original signed by:
Minister of Environment and Energy

Approved by O.C. number 447/97
Environmental assessment file number: MU-0957-04