Notice of approval

Proponent: Niagara Waste Systems Limited (Walker)
Environmental assessment file number: EA-02-08-03

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 June 23, 2006. I received eight submissions before the expiration date. One submission requested mediation, and, if no resolution resulted from mediation, then referral to a hearing by the Environmental Review Tribunal.

I consider a hearing or mediation to be unnecessary in this case. Having considered the purpose of the 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 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. 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).
  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 which cannot be addressed through these conditions of approval.
  5. 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

This approval is subject to the following Conditions:

Definitions

  1. For the purposes of these Conditions:
    Proponent
    refers to Niagara Waste Systems Limited.
    MOE
    refers to the Ontario Ministry of the Environment.
    Director
    refers to the Director of the Environmental Assessment and Approvals Branch.
    Regional Director
    refers to the Director of the MOE West Central Region.
    The environmental assessment
    refers to the approved Environmental Assessment for 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.
    EAA
    means the Environmental Assessment Act.
    South Landfill
    means the proposed landfill located on Part Stamford Township Lots 31, 49, 50 and 66 described as the undertaking in the environmental assessment.

General requirements

  1. The proponent shall comply with all the provisions of the environmental assessment submitted to the MOE which are hereby incorporated in this approval by reference except as provided in these conditions and as provided in any other approvals or permits that may be issued.
  2. These conditions do not prevent more restrictive conditions being imposed under other statutes.
  3. Where a document is required for the Public Record, the proponent shall provide the document to the Director for filing within the specific Public Record file maintained for the undertaking. Copies of any such documents should also be provided to:
    • the Director of the MOE West Central Regional Office;
    • the Manager of the MOE Niagara District Office;
    • the Clerk of the Regional Municipality of Niagara; and,
    • the Public Liaison Committee, if applicable.

    These documents may also be provided through other means as considered appropriate by the proponent.

EAA monitoring and annual reporting

  1. The proponent shall prepare and submit to the Director, for the Public Record, an Environmental Assessment Compliance Monitoring Program (Program). The Program shall be prepared for the monitoring of the proponent’s fulfillment of the provisions of the environmental assessment for mitigation measures, public consultation, and additional studies and work to be carried out.

    The Program must contain an implementation schedule. The Program shall be submitted one year from the date of approval of the undertaking, or at least 60 days before the commencement of construction, whichever is earlier. A statement must accompany the Program when submitted to the Director, indicating that the Program is intended to fulfill this condition. The Program, as it may be amended by the Director, must be carried out by the proponent.

  2. The proponent shall prepare an annual Compliance Report which describes compliance with the conditions of this approval and which describes the results of the proponent’s Environmental Assessment Compliance Monitoring Program. The first Compliance Report shall be published on the same date as the annual monitoring report as required in the Certificate of Approval for the South Landfill.

    The Compliance Report shall be published on the same date each year thereafter and shall cover the same reporting period as the annual monitoring report. The proponent shall submit to the Director, for placement on the Public Record a copy of the Compliance Report. The proponent shall submit Compliance Reports until all conditions are satisfied. When all conditions have been satisfied, the proponent shall indicate in the Compliance Report that this is its final submission.

    The proponent shall retain either on-site or in another location approved by the Director, copies of the Compliance Monitoring Report for each reporting year and any associated documentation of compliance monitoring activities. 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 onsite inspection, audit, or in response to a pollution incident report or when information concerning compliance is requested by the ministry.

Public Liaison Committee

  1. The proponent shall incorporate into its existing Public Liaison Committee the dissemination, review and exchange of information and monitoring results relevant to the operation of the South Landfill.

  2. The proponent shall develop, in consultation with its existing Public Liaison Committee, a procedure for responding to complaints received regarding the operation of the South Landfill. The proponent shall keep records of the complaints received, the actions taken, and the results or outcome of these actions. The proponent shall ensure this record is maintained to facilitate compliance with the Municipal Freedom of Information and Protection of Privacy Act, and subject to that Act, make it available for inspection upon request of the Public Liaison Committee, the public or MOE.

    The need for the Committee should be reviewed annually by the proponent in consultation with the members, and the Committee may be suspended upon the consent of the Regional Director should there be insufficient interest among the public members.

Other approvals

  1. Prior to submitting applications for Environmental Protection Act and Ontario Water Resources Act approval, the proponent shall give written notice to the public, the Niagara Escarpment Commission, City of Niagara Falls, City of Thorold, Region of Niagara, the Town of Niagara-on-the-Lake, and the Niagara Peninsula Conservation Authority indicating that all documents in support of the applications are available on the proponent’s internet website or located at their head office.

    The proponent shall allow the parties noted above, a minimum of 30 days for review and comment. The proponent shall take any comments received into consideration prior to the submission of the applications.

  2. Prior to submitting applications for Environmental Protection Act and Ontario Water Resources Act approval, the proponent shall submit to the Regional Director, a study completed by a qualified person to investigate the historical changes in brine concentrations from the Niagara Waste System (NWS) drainage trench discharge.

    The purpose of the study is to assess the potential impact(s) of increased brine quality and quantity on the Old Weiland Canal that is associated with the projected flow and concentration from the NWS drainage trench. The study must include the interpretation of the probable impacts, recommendations and proposed mitigative measures.

    The proponent shall deliver a copy of the study to the MOE – West Central Region, Niagara Escarpment Commission, City of Niagara Falls, City of Thorold, Region of Niagara, the Town of Niagara-on-the-Lake and Niagara Peninsula Conservation Authority for comment.

    The proponent shall allow the parties noted above, a minimum of 30 days for review and comment. The proponent shall take any comments received into consideration prior to the submission of the study to the Regional Director.

End-use plan

  1. As part of the End-use Plan developed for the South Landfill, the proponent shall develop a landscape plan for the Stage 4 side slopes of the South Landfill. The proponent shall retain an independent Landscape Architect, as selected by the Niagara Escarpment Commission, to prepare a landscape plan in consultation with a multi-stakeholder End Use Committee including the Niagara Escarpment Commission and residents within 500 metres of the South Landfill.

    Plantings on the Stage 4 slopes shall be included in the development of the landscape plan to further naturalize the views to provide a vegetated skyline from Woodend Conservation Area, the Skyway Bridge and Maplehurst. Plant material is to be largely comprised of native and indigenous coniferous and deciduous trees that will be visible from Woodend Conservation Area, the Skyway Bridge and Maplehurst as they mature.

Compliance, transparency and accountability

  1. The proponent shall permit an Environmental Inspector (which includes other appropriate technical expert(s)) employed by the MOE to inspect the South Landfill, during hours of waste disposal operations on such terms and conditions, after consultation with the proponent, as deemed appropriate by the District Manager and, for greater certainty:
    1. the proponent shall provide the Environmental Inspector with adequate office facilities, including a telephone, and a computer, for use when at the South Landfill, and appropriate arrangements for on-site transportation;
    2. the proponent shall, on a semi-annual basis, reimburse MOE for the reasonable costs of the Environmental Inspector and associated expenses.
  2. Implementation of condition 12 shall be required of the proponent in accordance with the following Conditions:
    1. The proponent shall undertake an air space survey of the bottom and top waste contours to determine the estimated air space used for waste disposal in the prior six months. The air space survey shall include daily cover material and shall take into account settlement. The first air space survey shall be undertaken six months after waste is first received at the South Landfill. The proponent shall undertake further air space surveys every six months after the completion of the first air space survey.
    2. Wastes which the proponent has been ordered to dispose of at the South Landfill by any ministry, department or agency of the federal or Provincial Crown shall be excluded from the air space survey calculations.
    3. Each air space survey shall be conducted by an Ontario Land Surveyor or other qualified consultant and such air space survey shall be confirmed by the District Manager. The proponent shall keep a copy of each air space survey on-site and make them available to MOE personnel.
    4. Based on the annual rate of waste received at the South Landfill reflected by the most recent air space survey, the proponent shall provide funding equivalent for an Environmental Inspector being on-site for the following number of days per week as shown in the Table below:
      Funding equivalent to number of days per week the Environmental Inspector may inspect the site Annual rate waste received at South Landfill in cubic metres
      1 0 up to 500,000
      2 500,000 up to 650,000
      3 650,000 up to 800,000
      4 800,000 up to 950,000
      5 950,000 or more
    5. Notwithstanding condition 13(d), the requirement for an Environmental Inspector shall not commence until the annual rate of waste received at the South Landfill is equal to or greater than 350,000 cubic metres.
    6. Notwithstanding conditions 13(d) and 13(e), upon the commencement of the construction of the South Landfill, the District Manager may require funds for an Environmental Inspector to be on-site up to one day per week.
  3. Notwithstanding condition 13, the Environmental Inspector may, in consultation with the proponent, be increased, reduced, suspended or terminated on such terms and conditions as deemed appropriate by the District Manager and, for greater certainty, the District Manager may require an Environmental Inspector to be on-site for up to five days per week in cases of apparent significant noncompliance with condition 2 above until such non-compliance is resolved.
  4. If the Environmental Inspector is terminated, the District Manager may require the proponent to develop a "Transparency and Accountability Plan" which sets a framework for public access to environmental performance reporting relating to the South Landfill and alternative performance measures program.
  5. The proponent shall include as part of the annual monitoring report for the South Landfill an assessment of the effectiveness of the Compliance, Transparency and Accountability program implemented at the South Landfill and make recommendations for changes in funding, frequency or application of the program.

Dated the 22nd day of September 2006 at Toronto

Original signed by:
Minister of the Environment
135 St. Clair Avenue West, 12th floor
Toronto, Ontario
M4V 1P5