Declaration order

Having received a request from the Ministry of Natural Resources and Ontario Hydro Services Company, that an undertaking, namely,

Activities for and related to the securing, controlling, storing, removal and remediation of soils contaminated with PCBs, fuel and pesticides, and other potential health and safety risks posed by the former Mid-Canada Line (MCL) radar site located near the community of Fort Albany, Ontario including risks posed by the presence of hazardous and non-hazardous contaminants, structures and debris, and the Harwood oil pipeline

be declared not subject to section 5 the Act pursuant to section 3.2; and

Having been advised by the Ministry of Natural Resources 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 time which would be involved in preparing an individual environmental assessment and seeking approval under the Act would significantly delay implementation of the undertaking, exacerbating the following situations:
    1. Since contaminants such as PCBs may enter the food chain, failure to take action could result in contamination of the food chain and pose a human health risk to local residents.
    2. The presence of contaminants and other hazardous materials can also pose a health risk to those who inadvertently make use of the site.
    3. Failure to take action to remove and/or treat these hazardous and other wastes may result in further or continuing risks to public health and safety.
    4. Materials such as derelict buildings, debris, abandoned equipment and vehicles may present a safety risk to local residents.

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 undertaking is not subject to the application of the Act for the following reasons:

  1. Expeditious action in responding to this situation, by managing the contamination and other wastes will minimize the potential injury and damage cited above.
  2. Expeditious implementation of the undertaking will avoid potential public exposure to contaminated waste, and will help to eliminate risks to public health and safety.
  3. Failure to take action may result in the contamination of the food chain.
  4. In a presentation to the Federal and Ontario governments April 10, 1997, the Nishnawbe Aski Nation requested the clean up of various radar sites including the former MCL radar site located near the community of Fort Albany, Ontario.
  5. The removal, storage and disposal of hazardous waste and associated technical approvals can be handled through the provisions of the Environmental Protection Act.

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 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 or exemption order under the Act, the activity exempt under this order shall be carried out in accordance with any terms and conditions in the other declaration or exemption order as well as the conditions in this order.
  3. Hazardous and non-hazardous waste material from the activities being carried out under this Order shall be disposed of in approved waste disposal facilities.
  4. The undertaking shall be monitored during the project by the Ministry of Natural Resources or its agents or both, for the purpose of protecting against injury or damage to persons or property from the activities being carried out under this Order.
  5. The Ministry of Natural Resources shall prepare a report on how the conditions of this Order were complied with and submit it to the Director of the Environmental Assessment & Approvals Branch of the Ministry of the Environment within six months of completion of the site clean-up for filing with the public records kept under section 30(1) of the Act.

Original signed by:
Minister of the Environment

Approved by O.C. number 1237/2000
Environmental assessment file number: NR-TI-04