Agreement

This agreement is made in triplicate this 3rd day June 2004, between The Minister of the Environment (the Minister) and Niagara Waste Systems Limited (the Proponent)

Concerning

The provision of future waste disposal capacity in the City of Niagara Falls, in the Regional Municipality of Niagara for solid, non-hazardous waste generated in the Province of Ontario (the Undertaking).

Whereas section 3.0.1 of the Environmental Assessment Act states:

A person, other than a person referred to in clause 3 (a), who carries out, proposes to carry out or is the owner or person having charge, management or control of an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity may enter into a written agreement with the Minister to have this Act apply to the enterprise, activity, proposal, plan or program.

Whereas the Proponent is a person, other than a person referred to in clause 3 (a) of the Environmental Assessment Act, who carries out, proposes to carry out or is the owner or person having charge, management or control of an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity which is described above as the Undertaking.

Whereas the Proponent has requested that the Environmental Assessment Act apply to the Undertaking.

Now, therefore

The Minister and the Proponent agree that the Environmental Assessment Act apply to the Undertaking.

Executed at Toronto, by:

Original signed by:
Minister of the Environment

Original signed by:
John Fisher, Vice President & General Manager, Environmental Services
Niagara Waste Systems Limited
I have the authority to bind the Corporation.