General requirement for all applications

Part B: General requirements for all applications

Part B of this guide describes the information that you must provide in your Environmental Compliance Approval application.

Online services for environmental permissions

The information below does not apply to municipal Consolidated Linear Infrastructure Environmental Compliance Approvals (CLI ECAs). Learn more about how to apply for a CLI ECA.

Before you can apply online for an Environmental Compliance Approval (ECA), you will need to set up the following: (see information for applying for a Consolidated Linear Infrastructure ECA:

A personalized log-in that gives you secure, online access to government programs, services and information for your business.

Allows you to create sites, assign authorized representatives and delegated authorities, and prepare and submit your ECA application online.

1. My Ontario account
2. Ministry of the Environment, Conservation and Parks (ministry) account

Learn more about online services for environmental permissions including setting up your My Ontario and ministry accounts

Authorized representatives

In your ministry account you have the option to assign representatives for each of the following:

Delegated Authority

An individual with access to all services associated with your account and can perform any action on your behalf (e.g. create, update, view, assign, attest and delete).

Financial Authority

An individual authorized to conduct payments and financial assurance transactions on your behalf.

Authorized Representative

An individual with custom permission levels who can oversee and manage your registrations and applications. Depending on the permission levels you assign to them, they can create, update, view, assign, attest and/or delete your registrations and applications.

Each representative requires their own Public Secure, ServiceOntario account and ministry representative account before they can be added as a representative.

Create a ministry representative account.

Technical contacts (Delegated Authority or Authorized Representative)

A technical contact is an individual who is responsible for providing analysis, design or other reports required under different parts of the online ECA application.

In your online application, a technical contact must be assigned as either a Delegated Authority or Authorized Representative (depending on assigned permissions) for each applicable project type (e.g. air, noise, vibration, waste, sewage) who can be contacted in case the ministry has questions about the technical information provided. The technical contact will be required to certify the section they have been assigned.

The technical contact(s) involved in preparing the application and supporting documents must certify to the accuracy and completeness of the work for which they are responsible as a minimum requirement of Ontario Regulation 255/11: Applications for Environmental Compliance Approvals. Note that a technical contact is certifying the quality, accuracy and completeness of the work (calculations, analysis, design, etc.) that is specific to the information which they provide in the application; a technical contact is not required to certify to the accuracy and completeness of the data provided by others. Therefore, if the technical contact and the signing authority are the same individual, that person must certify their technical section and certify the entire application.

During the review of the application, if clarification of information or data related to the technical materials is required, the ministry will inform the technical contact. A person certifying technical materials must have the relevant education and experience to provide that certification. Therefore, the ministry expects technical contacts to have sufficient knowledge and authority to be able to provide information, to develop reasonable solutions and to comment on the feasibility of terms and conditions.

Note that in some cases, the supporting document or report must be prepared by a specific type of technical contact, for example, a professional engineer or geoscientist as is described in this guide.

Sites

In your ministry account you are able to create the site/storage location which is the subject of your online ECA application.

A site can have multiple ECAs. For example, each individual company in a multi-tenant building can each have an ECA. An ECA can also have multiple sites. For example, adjacent lots 1 and 2 would each require their own site. If this is applicable to your application, ensure you select “multiple sites” in section 3.2 of the online ECA application.

Ensure the NAICS code you have provided for your operation/project matches the NAICS code you have assigned to the site, unless you are applying for an ECA for a mobile piece of equipment. Depending on the number/nature of operations, you may have to assign multiple NAICS codes to a single site or an operation. In the case of mobile equipment, create a site where the equipment is stored, and select that site in your ECA application. The NAICS code assigned to the site may not match the NAICS code for your operation in this case.

In this section you are able to indicate if your site falls into a Special Policy Area. Descriptions of some of the Special Policy Areas are listed below:

Niagara Escarpment Planning and Development Act (NEPDA) Permit

If the site/storage location is located in an area covered by the Niagara Escarpment Planning and Development Act (NEPDA) development control you must include a copy of the NEPDA development permit with your application. To find out if the site/storage location is in an area that falls under the NEPDA development control, contact the Niagara Escarpment Commission. If the site is subject to the development control, the Director will not issue an ECA unless you have obtained a development permit and they will return your application.

Oak Ridges Moraine Conservation Plan (ORMCP)

If the site/storage location is located in an area that falls under the Oak Ridges Moraine Conservation Plan (ORMCP) you must include proof that you received municipal planning approval for the proposed activity. To find out if the site/storage location is in an area that falls under the ORMCP, visit the Ministry of Municipal Affairs and Housing website. If your project is subject to the ORMCP and you have not received municipal planning approval, your application will be returned.

Lake Simcoe Protection Plan

If the site/storage location is located within a regulated area of the Lake Simcoe Watershed, you must provide proof that you have:

1. received permits and approval from the Lake Simcoe Region Conservation Authority
2. ensured your site/storage location conforms to your respective municipality’s Stormwater Management Master Plan

To find out if you are within a regulated area of the Lake Simcoe Watershed, visit the Lake Simcoe Conservation Authority website. For more information, read the Lake Simcoe Protection Act and the Lake Simcoe Protection Plan at Ontario.ca.

Section 1: Applicant Information

Regardless of the activity requiring an ECA, the ministry needs to know who the applicant is and who will be responsible for the quality, accuracy, relevance and completeness of the information in the application.

Section 1.1: Applicant Identification; Section 1.2: Applicant Physical Address; and Section 1.3: Applicant Mailing Address

Once you have created your My Ontario account and ministry account, you can sign in to your ministry account and select Create ECA Application from the manage permissions menu. Once you begin the online ECA application, this section will automatically populate your Applicant Information, Applicant Physical Address and Applicant Mailing Address from the information you provided when you created your ministry account.

You will need to verify that the information is correct. If the information is correct, select Yes and Continue. If the information is incorrect and you select No, you will have the option to be redirected to the Client Dashboard to update the client information before creating an application.

Section 2: Application Details

In this section you will select the Application Type and Reason for Application. This information is required to help the ministry route your application to the appropriate reviewers and help you identify and submit the documentation that may be required to support your proposal.

Section 2.1: Application Type

This section requires you to indicate the type of application you are applying for.

An ECA is required for ongoing operation of all equipment and works engaging in activities under EPA subsection 9(1), 27(1) or OWRA subsection 53(1) activities, regardless of whether the activity was in place prior to the requirement to obtain an approval. These works were previously referred to as “grandfathered” activities by the ministry.

Changes made to subsection 9(1) and 27(1) of the EPA and subsection 53(1) of the OWRA expanded the requirement for an approval to include use and operate, in addition to establishment, construction, alteration, extension, and replacement of facilities and works. These changes came into effect on October 31, 2011.

When determining the reason to apply, you should consider whether:

• you are proposing to change an existing activity, and the revised activity may change the impact to environment
• the application is for a different or new type of ECA that you do not currently hold
• the change you are seeking is essentially administrative

Below are brief descriptions of the different application types. Choose only one.

New ECA

If you do not hold an ECA for your proposed activity, you are applying to obtain one. Note that when applying for a new ECA, a Financial Assurance (FA) Evaluation proposal is normally required for waste and sewage applications.

Amendment to existing ECA

You should choose this category if the change you are seeking is related to an existing ECA. For example, you should use this category if you are seeking:

• additional Operational Flexibility
• to add another activity, equipment, facility, etc. to an existing ECA
• modifications to operating parameters for activities, equipment, facilities, works, etc. covered by your ECA

Administrative amendment to existing ECA

This category is for administrative changes you propose to an existing ECA. To qualify, the changes must have no environmental significance. For example, you should choose this category if there are typographical errors you would like to correct. The ministry reserves the right to decide whether the change is administrative or requires a technical review.

Revocation of existing ECA

This category is for situations where your activity is no longer in operation. You would typically choose this category if you are closing down a business that is governed by an ECA. Before applying to revoke your ECA, consider whether the site requires cleaning up or has post-closure terms and conditions before applying for revocation. For example, if your ECA for a landfill has post-closure terms and conditions related to monitoring of methane gas, the Director will not revoke your ECA.

Review of an ECA (EPA s. 20.4)

You should choose this option if you currently hold an ECA and are applying for a review of the approval on or before the date specified by the Director in the approval or on or before the date specified in regulation. Note, your ECA remains in effect unless it is suspended or revoked by the Director.

FA re-evaluation only

You should choose this category if you are submitting a Financial Assurance (FA) re-evaluation proposal according to the terms and conditions outlined in the existing ECA.

Consolidation of existing ECAs

You should choose this option if you have multiple ECAs and wish to consolidate them into one ECA.

Visit Municipal Consolidated Linear Infrastructure Environmental Compliance Approvals for more information about these permissions. 

Application for renewal of Operational Flexibility

You should choose this category if you have an historic Basic Comprehensive Certificate of Approval that allowed you operational flexibility. Because the provision for Operational Flexibility expires, the ECA needs to be renewed to continue the provision.

Name/business address/ownership change

This category is for all changes related to legal name change, ownership change and business address change.

Section 2.2: Transfer of Review

The transfer of review program for municipal sewage works has been discontinued due to the implementation of the Municipal Consolidated Linear Infrastructure (CLI) Environmental Compliance Approvals (ECAs) program.

Section 2.3: Reason for Application

In this section you must indicate the reason why you are submitting an ECA application. Only one of the seven choices listed may be selected (see Table 2 below). This step is required because it assists the ministry in gathering relevant information, such as ongoing project issues or involvement of other ministries prior to the review. Applications can be initiated for a number of reasons. For example, an application can be initiated by an applicant who has identified the need for an ECA, or if the applicant has an ECA they wish to modify or change. An application can also be initiated as a result of a request or order of the ministry or a Provincial Officer, or for various other reasons, such as a court order or tribunal decision.

Section 3: Project Information

In this section you need to provide the Project Information, including the Operation Details, Project Name, the Project Type, and whether the project is operating on a single site or multiple sites. A Project Executive Summary of the project is also required in this section. If the proposal is applicable under the Environmental Registry of Ontario, this summary will be used for the Notice of Proposal posting.

Section 3.1: Operation Details

In this section you are required to provide details about your operation, including your Operation’s Name. The Operation Name should be easily recognizable for you and your Authorized Representative or Delegated Authority.

You are also required to provide your operation’s North American Industry Classification System (NAICS) code. Do not enter the (Canadian) Standard Industrial Classification (CSIC), United States SIC (USSIC) or International SIC (ISIC) codes.

The NAICS code must be the one your business is classified under. If you do not know your NAICS code, you can find it in the Statistics Canada publication: North American Industry Classification System (NAICS)—Canada [Catalogue no. 12-501-XIE] on the Statistics Canada website. NAICS codes are periodically updated. Current NAICS codes used in the ECA application are from 2012.

If you are applying for an industrial sewage works project, please provide the NAICS code for the type of facility the sewage works will service, not simply the NAICS code representing sewage works. In this section you are also required to indicate if the operation is stationary, mobile, or system-wide.

Stationary activities associated with the operation are operated at one specific location throughout their lifecycle.

Mobile Activity refers to an activity that can be moved to operate at different locations at different times. The type of activity for which this category is appropriate usually involves the piece of equipment that can be relocated and that can perform the exact same function with the same emissions at other locations. An ECA for a mobile activity may list the location(s) of the activity but the location may be independent of the activity.

Examples of projects that would be considered a mobile activity are:

• concrete crushing (air)
• cleaning of contaminated soil (cleanup of contaminated site)
• grinders (mobile waste processing)

For purposes of an ECA application, the ministry does not consider waste hauling operations as a waste management system under section 27 as a mobile activity. Also note that applications for mobile sewage activities require pre-submission meetings with the ministry.

If you propose to locate mobile waste processing equipment at a central location and have waste transported to that location for processing from off-site generators, the Waste Management System—Mobile Waste Processing approvals procedure is not applicable to your proposal. This operation is considered a waste processing site that requires an ECA for a Waste Disposal Site—Processing Site.

You should not indicate on your ECA application that you are seeking an ECA for a Waste Management Site—Mobile Waste Processing.

System-wide Operations includes multiple sites which may not be adjacent but are connected and combines multiple components into a single approval. In the case of a system-wide wastewater approval, both the collection system (pipes in the ground) and the various aspects of the treatment facility are included.

Section 3.2: Sites Selection

In this section, the online ECA application will list all the sites that are associated with your ministry account, including the site name and site address(es) you provided when you created the site location. At this point in the application you can choose the site, or sites, that are associated with this ECA application.

If you need to add or edit a site you will have the option to be redirected to the Sites section to make the required changes. Ensure you have saved your application as the redirection to the Sites section will automatically close the ECA application and all completed information will be lost. Once you are finished adding/modifying the site, you will be directed back to the main Dashboard page. Select manage permissions, find the number of the ECA application you exited, and select Update Application.

Ensure the NAICS code you have provided for your operation/project matches the NAICS code you have assigned to the site, unless you are applying for an ECA for a mobile piece of equipment. Depending on the number/nature of operations, you may have to assign multiple NAICS codes to a single site or an operation. In the case of mobile equipment, create a site where the equipment is stored, and select that site in your ECA application. The NAICS code assigned to the site may not match the NAICS code for your operation in this case.

Section 3.3: Project Details

In this section, indicate your Project Name and all the Project Type(s) your proposed activity involves:

• Air
• Noise
• Vibration
• Waste Disposal Site (Landfill, Transfer, Processing, Composting, Thermal Treatment)
• Sewage (Industrial, Municipal, Private)
• Waste Management Systems (General Waste Management System, Hauled Sewage (Septage), Soil Conditioner for transport to site for Application on Land, Mobile Waste Processing)
• Cleanup of contaminated sites (Mobile, Site-specific)

The project type(s) you choose will depend on the subject of your application and you should consider all the activities, equipment, processes, etc., that are covered by the application. Only select the project type(s) for which you are seeking approval and not the project type(s) for which you already hold an ECA.

Here are a few guiding principles that might help you identify the type(s) that apply to your proposal:

Noise and vibration are dependent on the activity. So, for example, you should indicate noise as a project type if you are proposing any changes to outdoor mechanical equipment (whether you are replacing existing equipment or adding new equipment) or outdoor operations. In general, changes to indoor noise are not an issue unless they have an audible impact outdoors, such as through ventilation openings or open doors, that is likely to increase the noise levels at the nearest noise-sensitive points of reception.

Cleanup of a contaminated site may also be required in addition to other project types depending on the discharges of the activity proposed.

Option of Operational Flexibility is a feature that may be included in an ECA for several types of projects. An ECA with Operational Flexibility allows you to make some modifications to a facility’s operations or works without having to obtain an amendment to the approval (see Part D for information about what is eligible for Operational Flexibility). Operational Flexibility allows you to plan and make changes to your facility in a timely manner, reducing delays that would occur if you had to obtain a new or amended ECA. If you wish to apply for Operational Flexibility, you must indicate this on your ECA application.

The types of changes permitted under an ECA with Operational Flexibility are restricted to those within an operating envelope defined by the ECA, as well as by conditions specified in the ECA. An operating envelope can be described by a project’s physical parameters or boundaries, performance specifications, as well as the parameters of the project’s overarching operating capacity.

Different information is needed for different environmental impacts when describing the operating envelope of a project, site, facility, equipment or works. For example, projects with emissions to the atmosphere will describe the operating envelope through emissions to the atmosphere and performance limits, while waste and sewage projects will focus more on the design, standards and management practices that heavily impact the capacity of the disposal site to properly manage the waste or sewage.

While a project or process may not operate to the limit of the project’s overarching operating envelope at all times, if you have plans to expand to those limits in the future, Operational Flexibility allows you to do so without having to go through the process of seeking an amendment to the ECA.

If you apply for Operational Flexibility, keep in mind that only modifications that fall within the parameters that define the operating envelope are allowed. Operations or activities outside these parameters would not be covered by the ECA, since the ministry would not have considered them in issuing the ECA. To the extent an activity is outside the operating envelope specified in this approval, you would have to apply for an amendment to the ECA.

If you apply for Operational Flexibility, to define your operating envelope you will need to provide information over and above requirements for the project type. The description of your operating envelope must take into account your project description (the type of operation, such as a waste transfer station) and other information that defines or explains how the facility operates (production limits, engineering standards, best management practices, equipment and/or information regarding the emissions from the facility, for example, an Emission Summary and Dispersion Modelling Report). The specifics of the information you must provide with your application will depend on your project. You can find details and further guidance regarding the types of projects that are eligible for Operational Flexibility and the information required for such applications in Part D.

Section 3.4: Project Description Executive Summary

The project description executive summary is a brief, easy-to-understand description summary of your project (less than 255 characters, if possible). This information is a summary of the detailed project and process description explained in the technical information requirements (see Part C of this guide, Section 9: Supporting Documentation and Technical Requirements).

The project description executive summary:

• is a minimum requirement for all ECA applications
• should be distinct from the detailed description

If Operational Flexibility is selected for any Project Type you must ensure that you provide a detailed description for the purposes of the Environmental Bill of Rights (EBR). You should ensure that the information contained in both the summary and the detailed description is consistent.

If your proposal is subject to requirements under the EBR, your project description executive summary may also serve as the EBR proposal abstract that the ministry posts on the Environmental Registry.

The specific details of the proposal are not required in the summary but you should include the main or basic components, processes or items. A good summary uses simple, easy-to-understand language and avoids technical jargon that may be difficult to understand. The ministry reserves the right to edit your project description to meet the requirements of the EBR.

Your project description executive summary must include:

• the reason for the application—including whether it is for a new or amended ECA
• a description of everything that will modify/amend/change your existing ECA
• a description of your business at the site of your proposal and the project or operations you propose to carry on; include the applicable NAICS codes
• the main components or processes—this should include:
  • the main equipment or modifications, including pollution control equipment or measures
  • a description of the source the pollution the control equipment or measures is/are meant to control
  • if this application is for an amendment to an ECA, clearly state the modifications made since the previous approval
• a description of the key operating parameters; this description should indicate the scale of the business, including hours of operations
• a description of the discharges and/or waste characteristics which may include information about:
  • what project type(s) the proposal covers
  • any programs used to monitor the contaminants
  • the type and source of wastes
  • discharges to the atmosphere
  • the receiver of effluents
• if your application is for an ECA with Operational Flexibility, this should be indicated
• applicable regulations or sections of Ontario Legislation that apply to the site, activities and equipment that are the subject of this application

For additional information on the EBR requirements, refer to the ministry’s guide The Requirements of the Environmental Bill of Rights for Prescribed Instruments found at the Internet Archive.

Section 4: Site Information

In this section, the information about the site that you have registered in your ministry account will be pre-populated. In addition, you will provide information about the project’s site or multiple sites, operation hours, and the current land use.

Ensure the NAICS code that you provided for your operation/project matches the NAICS code you assigned to the site, unless you are applying for an ECA for a mobile piece of equipment. Depending on the number/nature of operations you may have to assign multiple NAICS codes to a single site or operation.

In the case of mobile equipment, create a site where the equipment is stored and select that site in your ECA application. The NAICS code assigned to the site may not match the NAICS code for your operation in this case.

Section 4.1: Sites Which Are the Subject of this Application

This address is the location of your proposed activity or, in the case of waste management systems or mobile operations, the storage location of your vehicles or mobile equipment. This may be the same address as your business office.

If you have selected Multiple Sites in section 3.1 of the ECA application, you will be required to complete details for each site by selecting them from the drop-down list.

Please note that in most cases each site requires a separate ECA application. Exceptions may apply to pipelines, hydro lines, multiple gas stations/truck stops or adjacent sites that are part of the same operation, as evaluated on a case by case basis.

Section 4.2: Site Information

After choosing a site from the pre-populated list, you must indicate if this is the Primary Site Location of the operation. Further, you will need to indicate the days and hours of operation.

Days and Hours of Operation—In this text box you will be able to enter customized information, e.g. no operations on holidays or shut down during specific months.

Operation Hours—Using the dropdown menu, indicate that operation’s regular business hours.

Information About Ownership of Site Property

You must indicate whether you own the property of your proposed site/storage location. If you are not the owner, you must include a document, such as a letter or lease, signed by the property owner indicating your authority to install and operate the facilities or store vehicles or equipment on the land. This is a minimum requirement for all applications.

Operating Authority

The operating authority is usually the owner of the site or a third party authorized under an agreement to operate and maintain the works under the ECA on behalf of the owner. The owner is responsible for complying with any and all of the terms and conditions of the ECA.

For stationary proposed activities, if you are not the operating authority of the site, you must provide any agreements between parties associated with the source of emissions, such as agreements that may exist between the owner of the site and the operator of any equipment on the site.

Section 4.3: Site Zoning and Classification

The information in this section is a minimum requirement under the Ontario Regulation 255/11: Applications for Environmental Compliance Approvals for all applications, except for mobile equipment and waste transportation operations under a Waste Management System.

You must provide:

• Current land use of the site of the proposed activity
• Official plan designation if a municipal official plan exists and your site is located within the plan. You must provide a copy of the designation of the site as fitting within the official plan
• Zoning of your proposed site. You can obtain this information from the local municipal planning department. Also, if a zoning map is available, you must include a copy of that map as a minimum requirement under regulation
• Current land use(s) of the adjacent properties; all land uses of adjacent properties should be identified. If you check Other, a rationale must be provided
• Zoning of adjacent properties. Please supply the zoning designation for the adjacent land

Before you submit your ECA application you should confirm with the municipality that your proposed activity is consistent with local zoning.

As part of the ministry’s review process, particularly for waste disposal sites and sewage works activities, the ministry may seek input from local municipalities. Consulting with the municipality before you submit an ECA application may be necessary to resolve any contentious zoning issues up front before ministry staff reviews your application. You must undertake mandatory municipal consultation if your application is for an ECA with Operational Flexibility for a waste disposal site or sewage works. Please read Part D of this guide for additional details.

Section 4.4: Point of Entry into Ontario

For waste management system vehicles that are stored outside of Ontario, indicate the closest town/city to the border where these vehicle(s) enter Ontario. You only need to provide this information if your application relates to a general waste management system.

Section 4.5: Source Protection/Drinking Water Threats

Section 4.5 of the application form requires information regarding the facility’s impact on sources of drinking water. If the proposed activity in the ECA application is for sewage works and/or a waste disposal site, you must identify in the ECA application form if the facility is located in one of the thirty-eight (38) source protection areas established under the Clean Water Act, 2006.

To determine if your facility is located within a source protection area, please refer to Ontario Regulation 284/07: Source Protection Areas and Regions or online at Conservation Ontario’s website.

If your facility is not located within a source protection area, additional information regarding source protection is not required. However, if your facility is located within a source protection area, it may be also be located within a vulnerable area and you will be required to identify the vulnerable area where your facility will be located in the ECA application form. There are four vulnerable areas:

• Wellhead Protection Area
• Intake Protection Zone
• Significant Groundwater Recharge Area
• Highly Vulnerable Aquifer

To determine if your facility is located within a vulnerable area, please refer to the approved local assessment report for that source protection area. The local assessment report will also define the vulnerability score, on a range of 0.8 to 10, associated with a vulnerable area. In general, the higher the vulnerability score, the more easily an activity could impact a drinking water well or surface water intake. The assessment reports may be found online at Conservation Ontario’s website.

If the proposed activity for sewage works and/or waste disposal site is located in a wellhead protection area or intake protection zone with a vulnerability score or 8 and above, it may be considered a significant drinking water threat and further analysis is required.

A significant drinking water threat may also occur in an Issue Contributing Area regardless of the vulnerability score. An issue is a substance, such as phosphorus, present in the raw water that could deteriorate the quality of drinking water at the intake or well. Where an issue was identified within a source protection area, the source(s) of contamination that may increase the concentration of that substance was identified as an Issue Contributing Area and was delineated within the intake protection zone or wellhead protection area. Issue Contributing Areas do not have an associated vulnerability score as all threats (i.e. sewage works or waste disposal site) that contribute to the issue within an Issue Contributing Area are significant drinking water threats.

If the activity is located in an Issue Contributing Area it is considered a vulnerable area. Although section 4.5 of the ECA application form does not include an Issue Contributing Area as an option for a vulnerable area, it is always located within a vulnerable area such as an intake protection zone or wellhead protection area. To determine if a facility is located within an Issue Contributing Area, please refer to the assessment report for that source protection area.

The level of risk associated with your proposed activity (significant, moderate or low) is dependent on the location of the activity in relation to a drinking water well or surface water intake (e.g. type of vulnerable area and vulnerability score found in the applicable Assessment Report) and the nature/circumstance of the activity (e.g. capacity of the facility, chemicals and/or pathogens present).

The Table of Drinking Water Threats, 2009 links the information of the location (vulnerable area and vulnerability score) with the nature/ circumstance of the activity to determine if your activity is a significant, moderate or low drinking water threat. Note, if the circumstance of your activity is not reflected in the Table of Drinking Water Threats, then your activity may not be considered a drinking water threat. This table can be accessed online at Ontario.ca.

If your facility is identified as a potential “significant” drinking water threat, you are required to identify this in section 4.5 of the ECA application form. Significant drinking water threats may only occur in Wellhead Protection Areas and Intake Protection Zones and are generally associated with vulnerability scores of 8 to 10 or, in an Issue Contributing Area (regardless of the vulnerability score).

If the facility is located in a vulnerable area (vulnerability score of 8 or above and/or locating in an Issue Contributing Area) where an activity may be considered a significant drinking water threat but does not meet the circumstance of a significant threat, please provide the rationale why the activity proposed in the ECA application is not a significant drinking water threat (e.g. meets the criteria of a low drinking water threat in accordance to the Table of Drinking Water Threats).

For activities which have been identified as a significant drinking water threat, the ministry will be required to take a “prohibit” or “risk management” approach when rendering a decision on the ECA in accordance to the applicable prescribed instrument policies of the Source Protection Plan.

An ECA application for sewage works that is a significant drinking water threat must be submitted directly to the ministry for review and processing. It is the applicant’s responsibility to know what Source Protection Plan prescribed instrument policies apply to their ECA application for waste disposal site and/ or sewage works. Please see below for more details.

Learn more about source protection on Ontario.ca or contact your local conservation authority.

Under the Consolidated Linear Infrastructure ECA program, municipalities will have to ensure that source protection considerations, such as source protection threats, are addressed. Read Part C of this guide and the Municipal Consolidated Linear Infrastructure Environmental Compliance Approvals page for more information about these permissions.

Section 4.6: Receiver of Effluent Discharge

For proposed sewage works (including stormwater management works), you need to indicate what the intermediate and final receiver will be.

If you have received clearance from the Conservation Authority, this information should be included with your application. If your proposal is for stormwater management works with an outfall to a location other than existing stormwater management ponds or storm sewers, the ministry will ask you for the clearance if not provided with the application.

For information on what a policy 2 receiver is and the circumstances and procedures for a deviation approval, read Procedure B-1-5 Deriving Receiving Water Based, Point Source Effluent Requirements for Ontario Waters at Ontario.ca.

Section 4.7: Business Activities

The information contained in this section is associated with the site you selected in Section 4.1: Sites Which Are the Subject of this Application.

Section 5: Related Approvals Information

Information regarding other approvals or permits that have already been obtained for the facility (e.g. EASR) should be identified in Section 5 of the ECA application. You will also be given the option to list any approvals that you wish to amend if you have indicated such amendment in Section 2 of the ECA application.

Section 5.1: Subject Environmental Compliance Approvals Related to this Project

You must provide information about all existing ECAs that may be changed by this application. For example, if you are applying for an amendment to an existing ECA, provide the number of that ECA; if you are applying to consolidate several existing ECAs, list all the ECAs that will be consolidated. If this proposal amends and/or consolidates ECAs, a copy of the ECA(s) should be submitted as part of the supporting documents.

Section 5.2: Proposed Environmental Compliance Approvals Related to this Project

You must provide information about other ECAs that may be required for your proposed activity and that you have not yet applied for or are in the process of applying for. Indicate what project type, e.g. air, noise, waste, sewage, etc., and whether or not you have submitted an application.

Section 5.3: Environmental Activity and Sector Registry (EASR) Related Information

In this section of the online ECA application, you must also list all activities that are prescribed under an EASR regulation, which includes:

• activities requiring assessment of air emissions (Ontario Regulation 1/17)
• automotive refinishing facilities (Ontario Regulation 347/12)
• commercial printing facilities (Ontario Regulation 349/12)
• facilities processing end-of-life vehicles (Ontario Regulation 85/16)
• non-hazardous waste transportation systems (Ontario Regulation 351/12)
• small ground-mount solar facilities (Ontario Regulation 350/12)
• specific water taking activities (Ontario Regulation 63/16)

On February 3, 2017 Ontario Regulation 346/12 for heating systems and standby power systems was revoked.

EASR is a public, web-based system where people engaging in selected prescribed activities will be required to register the activity and meet eligibility and operating requirements set out in the regulations specified above.

Under section 20.18 of the EPA, a ministry Director has the authority to issue an order stating that the EASR process, including requirements under Ontario Regulation 245/11, do not apply to a specific activity at a site. Once the order is issued, the activity would fall under an alternate approval process such as Environmental Compliance Approval (ECA) or the Renewable Energy Approvals (REA).

Section 5.4: Other Approvals/Permits for Facility

In this section of the ECA application you must list all other approvals or other instruments issued under the EPA, EAA, OWRA or SDWA that are related to the project and that are already in place or that you have requested that are not listed on Sections 5.1, 5.2 and 5.3. Even if the approval/permit will not be changed by this ECA application, if it is connected to the activity in question you must list it here. You must provide ministry reference numbers or approval/permit numbers, when available.

For example, for waste management systems you should list the numbers of all existing ECAs for any hauled sewage, processed organic waste or other organic Waste Disposal Sites associated with, or that you intended to be associated with, the waste management system that is the subject of your application for an ECA. Or, for example, if your application is for an ECA for a Waste Disposal Site, you should identify how the requirements of the EAA have been fulfilled.

Section 6: Regulatory Requirements

Section 6 of the online ECA application relates to regulatory requirements associated with seeking an ECA.

Section 6.1: Environmental Bill of Rights (EBR) Requirements

In Section 6.1 you must provide information about how EBR requirements will be met and you must provide details of any public notification and consultation you held to date. You must also indicate whether your proposed activity is subject to the EAA and if it is applicable, you must provide information about how you fulfilled your obligations under the EAA.

You must identify what, if any, EBR requirements apply to the project or the activities that are the subject of your application. The EBR requires public notification of proposed legislation, policies, regulations and other legal instruments ^{footnote 1[1]} that could have a significant effect on the environment. The ministry must consider all public input, notify the public of its decision with regard to a proposal, and indicate what impact public comment on the proposal had on its decision.

Public notification is posted on the Environmental Registry of Ontario to to provide province-wide notification. For more information see The Requirements of the Environmental Bill of Rights for Prescribed Instruments found at the Internet Archive.

Proposals Classified as Prescribed Instruments

You must identify whether your proposal is classified as a prescribed instrument under the EBR. Almost all applications for an ECA are considered Class II proposals and therefore subject to the requirements of the EBR (see Ontario Regulation 681/94). Note that prior to the legislative amendments, many proposals were either Class I or Class III, but they are almost all Class II now. You should answer Yes to the question: Is this a proposal for a prescribed instrument under EBR? unless your proposed activity matches one of the exceptions below.

Answer No if your application falls into one or more of the following categories that are specifically exempt under Ontario Regulation 681/94, Part II from being considered a prescribed instrument under the EBR:

• If your application is for a waste management system that does not include a waste disposal site.
• If your application is for an activity mentioned in subsection 53(1) of the Ontario Water Resources Act (sewage works) that would permit the discharge of specific contaminants from a discharge point if:
  • the discharge point is already subject to an environmental compliance approval within the meaning of the Environmental Protection Act
  • the proposed approval would not permit an increase in the discharge of any of the specific contaminants from the discharge point
• If your application is for a waste disposal site and is only for one or more of the following:
  • the proposal is for an organic soil conditioning site within the meaning of Regulation 347 R.R.O. 1990
  • the proposal is for an ECA to operate a waste disposal site for municipal hazardous and special waste, Ontario Regulation 542/06, for a period of not more than 12 days per year
  • the proposal is for an ECA for mobile waste processing equipment
• If your application is for an activity under EPA section 9 and it meets one of the following descriptions exactly:
  • the proposal would involve discharge of a contaminant from any one discharge point for a total of less than 10 hours in any seven-day period
  • the proposal would involve discharge of a contaminant resulting from the preparation of food at a site for the purpose of selling the food at that site, at retail, or distributing it at that site free of charge
  • the proposal would involve discharge of a contaminant resulting from operating combustion equipment (so long as that equipment is not fired with fuel derived from waste, other than wood waste) and so long as you do not operate the equipment for the purpose of generating heat or electricity for sale
  • the proposal would involve discharge of a contaminant from a storage tank or vessel

EBR Requirements for Class II Proposals

Class II proposals must be posted for a minimum of 30 days on the Environmental Registry and applicants must provide additional public notice. Additional public notice may include:

• news release
• notice through news media
• door-to-door flyers
• neighbour notification letter (adjacent property owners and tenants);
• signs
• mailings to the public
• notice to community leaders and political representatives
• notice to community organizations
• posting on the EBR for an additional 15 days
• any other means of notice that would facilitate more informed public participation in the decision-making process

The details of your proposed activity dictate the type and nature of public consultation required. For example, the location of the proposed facility, the operation of the proposed facility, and the surrounding community and stakeholder interests all come into play. For typical projects, additional public notice requirement for a Class II proposal can be satisfied in a fairly straightforward manner, such as extending the EBR commenting period beyond the minimum 30 days.

Proposals that may attract a higher level of interest may require more engaged additional public consultation. If you think this is the case for your proposal, you should consult with your local district office of the ministry to determine what level of stakeholder/community consultation will be required.

Other than for postings of proposals on the EBR Environmental Registry, which happens after you submit your application to the ministry, and the formal notification of adjacent landowners, which must be undertaken at the time of the application, the ministry expects you to carry out the public notification/stakeholder consultation before submitting your application. As well, the ministry expects you to address in your application any stakeholder concerns expressed through the process.

Failure to take into account anticipated concerns from the public before submitting an application may result in delays to the review process that could have been avoided if consultation had been done earlier.

Exemptions from EBR posting requirements

The EBR exempts certain proposals from the public posting requirements. You should indicate if you believe your proposal falls under one of these exemptions and provide additional information explaining why you believe it is exempt. After reviewing your reasons, the Minister or his/her delegate will decide if the exemption applies.

Here is a brief explanation of the information you should submit with regard to each exemption:

Equivalent processes

If in the opinion of the Minister the environmentally significant aspects of your proposal have already been considered, or are required to be considered in a process of public participation that was substantially equivalent to the process required in relation to the proposal under the EBR, your proposal will be exempt under EBR subsection 30(1) from the mandatory public consultation requirement. You must include with your application details of the completed participation, including the following information:

• the type of province-wide public participation
• a description of how it was conducted
• the number of people that participated
• the type of public comments that were received
• actions taken as a result of public comments
• an indication of whether ministry staff were involved in the process
• documentation verifying the public participation

Emergency

Your proposal will be exempt under EBR subsection 29(1) if, in the opinion of the Minister, the delay involved in allowing for public participation would result in:

• danger to the health or safety of any person
• harm or serious risk of harm to the environment
• injury or damage or serious risk of injury to any property

You must provide information that demonstrates that the delay in giving notice or considering the public response to the notice would result in one of the dangers or harms above.

Environmentally insignificant amendment/revocation of an existing ECA

If your application is for an amendment or a revocation of an existing ECA and where, in the opinion of the Minister, there will be an insignificant effect on the environment, your proposal is exempt under EBR subsection 22(3). You must provide an explanation of the proposal that demonstrates that there will be no significant impact on the environment. The types of proposals that likely would have no environmental significance could include, for example, requests to change reporting requirements and revocations of ECAs for pollution control equipment for processes no longer in operation.

Proposal is subject to/exempt from EAA requirements

If your proposal is for a project where a decision has been made under the EAA or the application is for a project that has been exempt from the requirements of the EAA, your proposal is exempt under EBR subsection 32(1) and 32(2) from the mandatory public consultation requirements.

You must provide proof that your proposal has either met the EAA requirements (proof of completion of the EA process) or has been granted an exemption through an exempting regulation or declaration order.

Tribunal decision

If, in the opinion of the Minister, your proposal represents a step in the implementation of an undertaking approved by a decision made by a tribunal under an Act and there was an opportunity for public participation, you proposal is exempt under EBR subsection 32(1).

You must provide a copy of the tribunal decision, along with documentation indicating that the tribunal considered your proposal in arriving at the decision.

For further information regarding the EBR and its Regulations, see The Requirements of the Environmental Bill of Rights for Prescribed Instruments found at the Internet Archive.

Section 6.2: Environmental Assessment Act (EAA) Requirements

This section deals with whether the proposal or any of its elements is subject to the requirements of the EAA and how you have fulfilled those requirements. The approval under the EPA for your ECA application cannot be issued for an undertaking subject to the EAA unless all applicable requirements of the EAA have been satisfied. On this basis, the Director will not consider applications for ECAs for proposals subject to the EAA if the Director concludes that you have not completed the applicable environmental assessment process. In this case, the Director will return your ECA application without deciding whether to issue you an ECA.

For further details on the requirements of the EAA, refer to the EAA which can be accessed online at e-laws website or by contacting ServiceOntario.

Is the proposal subject to the EAA?

An answer of Yes in section 6.2 of the online ECA application means you are indicating that your proposal is subject to the EAA requirements but it may be exempt from the EAA if it falls within one of the exemptions listed. If you answer No you are indicating that your proposal is not subject to the EAA requirements at all.

A project is not subject to the EAA if it is not considered an undertaking as defined under the EAA and its regulations. Refer to the definition of an undertaking in the EAA and its regulations to confirm that your project does not fall within that definition and is therefore not subject to the EAA.

Exempt from the requirements of the EAA

An undertaking that is subject to the requirements of the EAA can be exempted from the requirements of the EAA through an order or regulation under the EAA. If your proposal is exempt from EAA requirements you must indicate whether your proposal is exempt because it falls under an exemption regulation or a declaration order. You must include supporting information as appropriate. If the exemption regulation or a declaration order does not refer directly to the works that are the subject of your application, you must explain in a letter or other document how the exemption regulation or declaration order applies to your proposal.

Fulfillment of EAA requirements through completion of a Class EA process

If you satisfied the EAA requirements through one of the ten Class EAs, you must indicate the title of the Class EA and the project category, and you must submit a copy of the Notice of Completion (if applicable).

Members of the public may request that a Class EA project be elevated to a higher level of scrutiny if there are outstanding issues that have not been resolved. This is referred to as a Part II Order request. If your project has been the subject of a Part II Order request you must provide a copy of the Minister’s decision letter and additional supporting information, as appropriate.

Fulfillment of EAA requirements through regulation (waste, electricity, transit)

EA requirements for waste management projects are detailed in Ontario Regulation 101/07 and for electricity projects in Ontario Regulation 116/01. These regulations, which apply equally to public and private sector projects, provide a prescribed Environmental Screening Process (ESP) as a streamlined EA option for certain types of waste management or electricity projects.

If you satisfied the EAA requirements through any of the above streamlined EA processes you must provide a copy of the Statement or Notice of Completion as applicable. For more information, refer to Guide to environmental assessment requirements for waste management projects or Guide to environmental assessment requirements for electricity projects found at Ontario.ca.

For waste management and electricity projects, members of the public may request that a project undergoing a streamlined EA process be elevated to a higher level of scrutiny if there are outstanding issues that have not been resolved. This is referred to as an elevation request. If your project has been the subject of an elevation request, you must provide a copy of the Director’s or Minister’s decision letter and additional supporting documentation, as appropriate.

It should be noted that applications specifically for waste management systems generally are not subject to the requirements of the EAA.

EA requirements for transit projects and Greater Toronto Transportation Authority undertakings are detailed in Ontario Regulation 231/08. This regulation provides a prescribed transit project assessment process that proponents must follow for transit projects identified in the regulation. If you satisfied the EAA requirements through this EA process, you must provide a copy of the Statement or Notice of Completion as applicable. For more information regarding the process for EA requirements for these types of projects, refer to the Guide to environmental assessment requirements for transit projects found at Ontario.ca.

For transit projects, the public has an opportunity to submit an objection to the Minister for which the Minister or his/her delegate will issue a notice to either allow a project to proceed or to require further study or an individual EA. If your project has been subject of an objection, you must provide a copy of the Minister’s notice (or his/her delegate) if one has been issued for your project. You may also be required to submit additional supporting documentation, as appropriate

Fulfillment of EAA requirements through completion of individual EA

If you met the EAA requirements as a result of preparation of an individual EA, you must provide a copy of the signed Notice of Approval.

Section 6.3: Consultation/Notification

Public and/or First Nation and Métis consultation/notification activities should be identified in this section of the online ECA application and where you should describe your consultation/notification activities.

Provide a summary of the consultation/notification efforts you have completed, or are in the process of completing, to fulfill delegated procedural aspects of consultation with First Nations or Métis consultation obligations, EBR and/or EAA requirements. Describe any consultation/notification activities you have undertaken to fulfill other requirements, such as other legislation or with community liaison groups, etc., with an interest in your application and the outcome of the consultation/notification.

It is important to identify the issues (including questions, comments and concerns) identified by First Nations or Métis communities and how they have been addressed through project design, mitigation, reporting, monitoring, etc., as applicable. If issues identified by First Nations or Métis communities were not addressed, it is important to explain why they have not been addressed. This information will assist the ministry in determining whether sufficient consultation has occurred and in dealing with any responses from the EBR process outlined above.

The ministry recommends that you fully complete all required public, First Nations and Métis consultation before submitting your ECA application because input received through consultation may affect the design and/or operational procedures of the proposal.

If you have carried out additional consultation/notification you should provide a brief summary of it in your ECA application and include details and supporting information (e.g. record of consultation). It is in your interest to keep the ministry as informed as possible when significant public or First Nations and Métis interest is generated by your application, or if your project or activity has the potential to impact Aboriginal or treaty rights.

The appropriate level of consultation/notification beyond legislative requirements is determined on a project-by-project basis and is based on a combination of factors, including: potential environmental impacts, the scope and complexity of the project, the nature of Aboriginal or treaty rights potentially impacted and the level of stakeholder interest.

The ministry may advise you during our review process to carry out additional public, and/or First Nations or Métis consultation for reasons that include environmental significance, complexity of the proposal, potential impacts to Aboriginal or treaty rights, public interest and to provide time for the public to make informed comments. The local district office of the ministry can assist you in determining an appropriate level of consultation/notification.

Learn more on the duty to consult with Indigenous peoples in Ontario and the Indigenous consultation guidelines for ministries.

Adjacent neighbour notification

For waste disposal sites, unless it is an application for an administrative amendment of an ECA, at a minimum you must send letters to the adjacent landowners and tenants notifying them of the proposed facility or changes to the existing facility. The letter must inform the recipients of the details of the proposed operation and request that they address their concerns and/or objections to the ministry within fifteen (15) days of their receipt of your letter.

For waste disposal sites you must also provide a Public Consultation/Notification Report with your ECA application that includes, at a minimum:

• a copy of the neighbour notification letter you sent adjacent property owners and tenants informing them of the proposal
• a list of recipients
• a detailed overview of all of the consultation/notification efforts that you have completed or are in the process of completing related to the project
• a detailed summary of all comments and concerns you received
• an explanation of how you addressed the comments and concerns you received

Here are some examples of consultation/notification that you might describe in section 6.3 of the online ECA application and include details with your application:

• Consultations with First Nation or Métis communities concerning potential impacts of the proposed project on asserted or established Aboriginal or treaty rights.
• Consultation you were required to undertake under Ontario Regulation 419/05 section 34 with respect to a request for an altered air standard or under Ontario Regulation 419/05 section 39 as part of an application for registration to a technical standard.
• Any ongoing communication you are having with a public liaison committee or local interest group that may make significant comments through the Environmental Registry. If you are having ongoing communications you must provide an overview of them. The need to communicate with interested members of the public may be identified prior to the application or may be initiated during the preparation of the application. If the ministry is aware of the ongoing communication then the ministry can appropriately respond to Environmental Registry comments.
• Notification you provided to Environment Canada under Article V of the Canada-United States Air Quality Agreement. This agreement, signed in 1991, is intended to promote cleaner air and improved health through increased cooperation between Canada and the United States Article V requires the reporting of major sources of air emissions located within 100 kilometres of the Canada/United States border. The thresholds for reporting sources are as follows:
  • new sources that are expected to emit greater than 90 tonnes per year for any one of the following: SO₂, NO_X, CO, TSP or VOC
  • major modifications of existing sources that are expected to emit greater than 40 tonnes per year for any one of the following: SO₂, NO_X, CO, TSP or VOC
  • new or modified sources that are expected to emit greater than one tonne per year of any one of the listed hazardous air pollutants (see the list on the Environment Canada website under Canada-United States Air Quality Agreement)

You should determine whether you have a notification requirement under the Canada-United States Air Quality Agreement before you submit your ECA application. You can find the Canada-United States Air Quality Agreement and Notification Form through the Environment Canada website. If you provided notification under this agreement, you must include a copy of the notification with your ECA application as proof of notification. The ministry will not forward a copy of the notification on behalf of the applicant.

Section 7: Facility Information

Section 7 of the online ECA application requires information about the characteristics of the facility. This information is used to define the operating envelope of your activity, equipment, process and facility, and is organized by Project Type (media):

• Air
• Noise
• Vibration
• Waste Disposal Site (Landfill, Transfer, Processing, Composting, Thermal Treatment)
• Sewage (Industrial, Municipal, Private)
• Waste Management Systems (General Waste Management System, Hauled Sewage (Septage), Soil Conditioner for transport to a site for Application on Land, Mobile Waste Processing)
• Cleanup of Contaminated Sites (Mobile, Site-specific)

You must fill in all sections (and fields within the sections) that are relevant to the Project Type(s) you identified in section 3.3.

In Section 7 of the online ECA application the ministry requires specific information about the facility where the activity will take place.

Section 7.1: Facility Information—Air

For all air projects falling under EPA section 9 that are not exempt or a prescribed activity under an EASR regulation, there are three subsections on the online ECA application that you must fill out:

• Summary of Equipment that Discharges Contaminants into the Air (Section 7.1.2)
• Emission Summary and Dispersion Modelling (ESDM) Report (Section 7.1.6)
• Ontario Regulation 419/05 Requirements (Section 7.1.7)

Section 7.1.1: Assign Technical Contact for Air

In your ministry account you were able to add technical contacts (also referred to as Delegated Authority and/or Authorized Representative). It is important that you indicate the technical contact responsible for this part of the ECA application. During the review of your application it may be necessary for the ministry to contact the technical contact to request additional information or seek clarification regarding the information that was provided.

Section 7.1.2: Summary of Equipment that Discharges Contaminants into the Air

In this section you must select a Source Identifier and Source Description of the equipment that discharges to air that which apply to your application and indicate the Number of Sources for each category. This information is used to calculate the application fee.

A Reference ID is a required for each individual contaminant that is added. This number is automatically generated when selecting the activity/equipment that produces the contaminants. This reference number will need to be applied to all applicable air contaminants in Section 7.1.4.

Section 7.1.3: Source Data; Section 7.1.4: Contaminant; Section 7.1.5: Emission; and Section 7.1.6: Emission; Emission Summary and Dispersion Modelling (ESDM) Report

If you choose, you can include the following information (normally provided in an ESDM report) for each Source Description:

• Stack Volumetric Flow Rate, Stack Exit Gas Temperature, Stack Inner Diameter, Stack Inner Height Above Grade and Stack Height Above Roof, if applicable
• Source Coordinates
• Emission Information related to the source, including:
  • contaminant name and Chemical Abstracts Service number
  • maximum emission rate
  • averaging period
  • emission rate estimate technique
  • sample calculation identifier
  • emissions data quality
  • percentage of overall emissions

You can add additional Emission Information for each Source Description as needed. If you prepared an ESDM, your Source Summary Table may assist you in completing this section of the application.

Section 7.1.7: Ontario Regulation 419/05 Requirements

In this section you are to select all sections (schedules) of Ontario Regulation 419/05 that apply, or indicate why the regulation does not apply, to your facility.

Ontario Regulation 419/05 imposes concentration-based point of impingement (POI) limits for contaminants and requires the use of approved dispersion models to assess compliance with these limits. The section of the regulation (POI limits) applicable to your facility is dependent on the type of operations at your facility. For more information and guidance see Ontario Regulation 419/05, sections 19 and 20, and Guideline A-10: Procedure for Preparing an Emission Summary and Dispersion Modelling (ESDM) Report.

Has an instrument under Ontario Regulation 419/05 been issued?

Under Ontario Regulation 419/05 there are several instruments that are available, such as: a notice, order, approval, site-specific standard or technical standard. A common example is an adjacent property request where the ESDM report would then include the site information for the adjacent property as well as your site (see section 4 of Ontario Regulation 419/05). This information is important for the review of your application. You must indicate, by reference number where available, all instruments that have been issued for your facility under Ontario Regulation 419/05.

Is an instrument under Ontario Regulation 419/05 being requested as part of this application?

You must indicate any instruments under Ontario Regulation 419/05, as described above, that you are requesting as part of this application. Applicable forms and supporting information for each instrument request must be provided. For more information and guidance refer to Ontario Regulation 419/05.

Note that an application for approval of a site-specific standard or for registration to a technical standard may be made in conjunction with an ECA application. For details regarding the application process for technical standards refer to Guide to Applying for Registration to the Technical Standards Registry—Air Pollution. Applicants may request that the ECA be consistent with the technical standard, as per Ontario Regulation 419/05 subsection 39(2). For details regarding requesting a site-specific standard refer to: Guideline for the Implementation of Air Standards in Ontario. A facility may apply for an ECA in conjunction with its request for a site-specific standard, as per Ontario Regulation 419/05 subsection 32(4).

Do you exceed any section 30 Upper Risk Thresholds (Schedule 6)?

You must indicate if your facility exceeds, or might exceed, any of the upper risk thresholds listed in Ontario Regulation 419/05 Schedule 6. Please note that where an upper risk threshold is suspected of being exceeded at any POI, Regulation 419/05 subsection 30(3) requires immediate notification and additional reporting and assessment. For additional information refer to Ontario Regulation 419/05 section 30 and Guideline A-10: Procedure for Preparing an Emission Summary and Dispersion Modelling (ESDM) Report.

Is the facility located in a multi-tenant building?

You must indicate if your facility is located in a multi-tenant building. If so, additional information may be required. Contamination throughout a structure is a concern in multi-unit commercial complexes where emissions from one unit can impact neighbouring units (where the neighbouring unit is within the same structure as the emission source) through air intakes, open doors or windows. For additional information please refer to Ontario Regulation 419/05 section 9 and the Guideline A-10: Procedure for Preparing an Emission Summary and Dispersion Modelling (ESDM) Report.

Section 7.2: Facility Information—Noise

If your ECA application includes noise emissions there are two subsections on the online ECA application that you must fill out:

• Noise Assessment (Section 7.2.2)
• Equipment Subject to Noise Review (Section 7.2.3)

All applicants should consider if their proposal generates noise emissions regardless of whether the proposal falls under EPA section 9, section 27, or OWRA section 53.

Section 7.2.1: Assign Technical Contact for Noise

In your ministry account you were able to add technical contacts (also referred to as Delegated Authority and/or Authorized Representative). It is important that you indicate the technical contact responsible for this part of the ECA application. During the review of your application, it may be necessary for the ministry to contact the technical contact to request additional information or seek clarification regarding the information that was provided.

Section 7.2.2: Noise Assessment

Answer Yes or No to each question related to noise assessment. If the Primary Noise Screening Method is not applicable to your proposal, you have a choice of using the Secondary Noise Screening Method, or preparing and submitting an Acoustic Assessment Report (AAR).

Section 7.2.3: Equipment Subject to Noise Review

You must check off all categories of equipment that are part of your project and subject to noise review. Indicate the number of pieces of each type of equipment that you checked. A sample of equipment that is subject to noise review is included in the Noise Screening Method Form.

• Primary Noise Screening Method Guide
• Primary Noise Screening Method Form
• Secondary Noise Screening Method Guide
• Secondary Noise Screening Method Form

Section 7.3: Facility Information – Sewage Works

If your ECA application involves sewage works there are three subsections on the online ECA application that you must fill out:

• Facility Type (Section 7.3.2)
• Servicing (Section 7.3.3)
• Sewage Servicing for Waste Disposal/Landfill Sites (Section 7.3.4)

Section 7.3.1: Assign Technical Contact for Sewage Works

In your ministry account you were able to add technical contacts (also referred to as Delegated Authority and/or Authorized Representative). It is important that you indicate the technical contact responsible for this part of the ECA application. During the review of your application it may be necessary for the ministry to contact the technical contact to request information or seek clarification regarding the information that was provided.

Section 7.3.2: Select the type of facility that is subject of the application

The information in this section details the types of sewage works that are part of your proposal and the areas they will service.

Two of the categories: Sewage Treatment Plant and Stormwater Management Facility represent general types of sewage works and not necessarily stand-alone plants or facilities. Select the appropriate type and sub-type based on the equipment in your proposal, if applicable.

Section 7.3.3: Servicing

You are required to identify the establishments the sewage works will be servicing: Residential, Commercial and/or Industrial. For each selection, you must either select or describe at least one of the sub-choices.

In accordance with Procedure D-5-2 Application of Municipal Responsibility for Communal Water and Sewage Services, the ministry requires municipal ownership and responsibility for operation and maintenance of proposed new communal sewage works, as well as the existing privately owned communal sewage works when expansion of them is proposed. In addition, the Municipal Responsibility Agreement is for privately owned large subsurface communal works that service permanent full-time or seasonal residential uses or other occupancy as determined by the ministry. If municipal ownership of communal works is not achieved, you must address this in pre-application consultation with the local district office and the issue must be resolved before applying for approval of the works.

Section 7.3.4: Sewage Servicing for Waste Disposal Landfill Sites

If your sewage works will receive leachate from waste disposal sites, for each site, provide the Waste Disposal Site name, approval number and volume of leachate (cubic metres) to be received.

Section 7.4: Facility Information—Waste Disposal Site

If your ECA application involves a waste disposal site, there are four subsections that you may need to fill out:

• Facility Description—Waste Site (Section 7.4.2)
• Waste Transfer and/or Processing/Composting (Section 7.4.3)
• Thermal Treatment Facility (Section 7.4.4)
• Landfill Site (Section 7.4.5)

These sections of the online ECA application requires information that defines the operation and capacity of the waste disposal site, including the types and amounts of waste that are proposed to be managed, transferred, processed, disposed of at the site.

This guide harmonizes the terminology used in previous guides and forms to describe the types of waste. The following chart illustrates how the previously used terms are related.

Section 7.4.1: Assign Technical Contact for Waste

In your ministry account you were able to add technical contacts (also referred to as Delegated Authority and/or Authorized Representative). It is important that you indicate the technical contact responsible for this part of the ECA application. During the review of your application it may be necessary for the ministry to contact the technical contact to request additional information or seek clarification regarding the information that was provided.

Section 7.4.2: Facility Description (information on the nature of the proposed business or activity at this site)

In this section you must include the names of all municipalities the facility will serve as well as the total area of the site. You should include the size of the on-site buffer zone in the calculation of the total area. You must also select at least one type of waste which will be accepted at this site, etc. If your activity includes hazardous and/or liquid industrial waste, use the drop-down menus to specify the appropriate class codes.

Section 7.4.3: Waste Transfer/Processing/Composting

Fill in this section only if your application relates to waste transfer, processing or composting site projects.

Section 7.4.4: Thermal Treatment Facility

Fill in this section only if your project involves a thermal treatment project.

Note that under Maximum Residual for Final Disposal, residual refers to the waste that is generated at the site and that would require final disposal.

Section 7.4.5: Landfill site

Fill in this section only if your project involves a landfill site.

The area to be landfilled is the area (expressed in hectares) of the portion of the site intended to be used for landfilling, including areas where landfilling has already taken place.

The estimated closure date is the date by which you estimate the site will reach its capacity and will have to be closed.

Section 7.5: Facility Information—Waste Management System

For ECA applications involving a waste management system, there are several subsections to consider, though not all of them apply to every applicant:

• Fleet List (Section 7.5.2)
• Vehicle Information (Section 7.5.3)
• General Waste Management System (Section 7.5.4)
• Soil Conditioner Waste Management System (Section 7.5.6)
• Hauled Sewage (Septage) Waste Management System (Section 7.5.9)

Section 7.5.1: Assign Technical Contact for Waste Management System

In your ministry account you were able to add technical contacts (also referred to as Delegated Authority and/or Authorized Representative). It is important that you indicate the technical contact responsible for this part of the ECA application. During the review of your application it may be necessary for the ministry to contact the technical contact to request additional information or seek clarification regarding the information that was provided.

Sections 7.5.2: Fleet List; and 7.5.3: Vehicle Information

In these sections of the online ECA application you must identify all vehicles and equipment to be used in the operation of the waste management system, describe their ownership and insurance. If more space is required than what is provided in the application, attach to the application a separate list that includes all of the vehicle information.

As part of the supporting documents you are required to provide a copy of the proof of vehicle ownership for the vehicles operating as part of the waste management system. The name and address indicated on the proof of vehicle ownership must align with the name and address of the applicant. If you do not own the vehicles, you must attach a copy of the leasing agreements.

You must also provide a copy of your Certificate of Insurance confirming that all of the vehicles owned and operated as part of the waste management system are insured under a general vehicle liability policy for a minimum of one million dollars ($1,000,000.00). Again, the name and address of the holder of the Certificate of Insurance must be the same as the applicant.

You will be able to upload copies of your documents in Section 9, Supporting Documents of the online ECA application.

Section 7.5.4: General Waste Management System; and Section 7.5.5: and Disposal Site Information

In this section, you should indicate if the waste will be transported waste to a ministry-approved waste disposal site in Ontario and/or if waste will be transported to waste disposal sites or facilities outside Ontario. If you transport waste out of Ontario you must list the province(s) or state(s) that the waste will be transported to. It is the applicant’s responsibility to notify each province or state regulatory agency where waste is being transported to.

Section 7.5.6: Soil Conditioner Waste Management System; Section 7.5.7: - Method of System Operation (Land Application Only); and Section 7.5.8: Soil Conditioner Waste Management System (Land Application Sites)

You are required to provide information about transporting soil conditioners to a site for spreading on land (if your project involves a soil conditioner waste management system). These sections apply only if the material will be spread on land.

Soil conditioner is waste that includes processed organic waste and non-agricultural source materials (NASM) that are intended for land application on agricultural or non-agricultural sites to improve soil characteristics for crop or ground cover growth. Processed organic waste is defined in Ontario Regulation 347 R.R.O. 1990 under the EPA as waste that is predominantly organic and has been treated by aerobic or anaerobic digestion or other means of stabilization. NASM is defined in Ontario Regulation 267/03 under the Nutrient Management Act, 2002 (NMA) as material that is not from an agricultural source and that is capable of being applied to land as a nutrient. Examples of processed organic waste and NASM include off-spec compost, pulp and paper biosolids and sewage biosolids.

Sites operating under the NMA may require preparation of a NASM Plan to be registered with, or approved by, the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) and must follow all applicable requirements under the NMA and Ontario Regulation 267/03. For information on whether an ECA or a NASM Plan, under the NMA, is required for a particular site receiving soil conditioner for land application, contact the ministry district/area office responsible for the area in which the site is located.

When a site where the waste is spread is approved by the District Manager, the site becomes part of the waste management system ECA issued for the hauling of these wastes.

Section 7.5.9: Hauled Sewage (Septage) Waste Management System

You are required to provide information about transporting hauled sewage (septage) to a hauled sewage disposal site (if your project involves a hauled sewage waste management system).

Hauled sewage (septage) is sewage removed from portable toilets, on-site septic tanks or holding tanks for off-site disposal. Ontario Regulation 347 R.R.O. 1990 under the EPA requires portable toilet waste to be treated before land application. Information submitted in the online ECA application is for the purposes of applying for an ECA for the management of hauled sewage. A separate ECA for each Waste Disposal Site at which you intend to dispose of hauled sewage is required. If the hauled sewage is intended for application on agricultural fields, you will also need an additional approval from the ministry’s district office where the agricultural field is located. Alternatively, if the hauled sewage is intended for treatment and effluent discharge to the natural environment you must have approval for the sewage works as well. It is the applicant’s responsibility to obtain any other applicable approvals, permits, etc., that may also be required to engage in the activity proposed in the ECA application.

In-transit Storage – Hauled Sewage

In-transit storage means the temporary storage of hauled sewage during transportation, prior to final disposal at a sewage treatment plant, spreading field or other waste disposal site. This does not encompass storage of hauled sewage over longer time periods, such as winter storage. In-transit storage must be located at the truck yard that is part of the waste management system, and the yard must be for the exclusive use of trucks that form part of that system. No sewage hauler may deposit waste at a storage facility that is not part of the hauler’s Waste Management System. Prefabricated tanks for in-transit storage must conform to requirements for a Class 5 Sewage System under the Ontario Building Code, or the CSA standard B66-10 Design, material, and manufacturing requirements for prefabricated septic tanks and sewage holding tanks. In-transit storage facilities built on site must be certified by a professional engineer. To ensure that the storage facility is used for in-transit storage only, it must be completely emptied every two weeks.

To incorporate in-transit storage into your waste management system ECA, you must obtain approval from the ministry. The terms and conditions of the approval will require you to operate the storage facility so as to prevent spills and adverse effects and you must maintain records to demonstrate compliance with ministry requirements.

You must provide financial assurance if you are involved in in-transit storage. For more information, refer to Section 8: Financial Assurance in this guide and consult the F-15: Financial assurance guideline at Ontario.ca.

In-transit Processing—Hauled Sewage

In-transit processing and treatment means processing of hauled sewage during transportation, prior to final disposal at a spreading field or other waste disposal site. Processing and treatment (such as aerobic or anaerobic digestion, dewatering and lime stabilization, or other means of stabilization) will be allowed to take place within the approved waste management system. The terms and conditions of the ECA will require the owner to operate the storage facility to prevent spills and adverse effects and the owner or operator must maintain records to demonstrate compliance with ministry requirements.

Note that financial assurance is required if the processing occurs in storage tanks referenced above, but not if the processing occurs in trucks (see F-15: Financial assurance guideline at Ontario.ca).

Section 7.6: Facility Information—Mobile Waste Processing

If your ECA application involves a mobile waste processing system, there are two subsections that you must fill out:

• Mobile Waste Management System Process and Equipment Description (Section 7.6.2)
• Equipment Information (Section 7.6.3)

Approved mobile waste processing units may operate at sites where waste is generated or at already approved fixed waste disposal sites, as long as the waste disposal site is approved to accept the type of waste and is approved for the type of waste processing that is to be undertaken by the mobile unit.

Waste management system approvals for mobile waste processing operations may operate at an individual location for a limited time only, where the time limit is technology specific. If you wish to operate for a longer period, you may need a different approval. Typically, an ECA for a mobile waste processing operation will include a restriction on the maximum number of days in a calendar year that the equipment may operate at each location, for example, the ministry generally limits the days of operation to 60 days, though the Director will consider extending the period on a case-by-case basis. If, for example, equipment or other treatment technologies are being used at a location for contaminated soil bioremediation, the Director might extend the period if it takes longer to carry out such activities.

Section 7.6.1: Assign Technical Contact for Mobile Waste Processing

In your ministry account you were able to add technical contacts (also referred to as Delegated Authority and/or Authorized Representative). It is important that you indicate the technical contact responsible for this part of the ECA application. During the review of your application it may be necessary for the ministry to contact the technical contact to request additional information or seek clarification regarding the information that was provided.

Sections 7.6.2: Mobile Waste Management System Processing and Equipment Description; and Section 7.6.3: Equipment Information

Financial assurance is required for a private sector waste management system mobile waste processing ECA for the implementation of remedial measures, if necessary, in the event of a spill, fire or waste abandonment. In column 1, fill in the Number of Units for each type of waste to be processed. The Financial Assurance Estimation and Total Financial Assurance amount will be automatically populated. The Total Financial Assurance does not include any amount that you may have previously submitted to the ministry. For more information, refer to Section 8: Financial Assurance in this guide and consult the F-15: Financial assurance guideline at Ontario.ca.

Section 7.7: Cleanup of Contaminated Sites

If your ECA application involves cleanup of a contaminated site, you must fill out this section. This section applies for both stationary, site-specific proposals as well as mobile proposals. The information will classify what type of cleanup you are proposing to do and what type of contaminants will be addressed. Note that depending on the discharges associated with your proposal, you may need to also select another Project Type in Section 3 of the online ECA application and supply technical information for those discharges. For example, if you are extracting the contaminant from the ground, cleaning the soil and discharging to the air, you may also have to provide a Design Report for Cleanup of Contaminated Sites.

Section 7.7.1: Assign Technical Contact for Cleanup of Contaminated Sites

In your ministry account you were able to add technical contacts (also referred to as Delegated Authority and/or Authorized Representative). It is important that you indicate the technical contact responsible for this part of the ECA application. During the review of your application it may be necessary for the ministry to contact the technical contact to request additional information or seek clarification regarding the information that was provided.

Section 7.7.2: Type of Cleanup; Section 7.7.3: Contaminated Media to be Treated; Section 7.7.4: Waste Type; and Section 7.7.5: Type of Discharge

These sections collect information about the type of cleanup of contaminated sites you are including with regard to your proposed activity. Only provide information for the proposed activity for which you are seeking approval.

Section 8: Financial Assurance

The purpose of financial assurance is to provide the ministry with assurance that funds will be available to cover future closure/decommissioning cost, post closure activities and environmental costs, such as site remediation and maintenance and disposal of waste in the event that you are unable or unwilling to do so. The Director may determine during the application review that financial assurance is required and may prescribe the amount of that assurance.

There are a number of projects where financial assurance is normally required. You must include with your application a calculation of that financial assurance and a rationale for the calculation. Also, where financial assurance is mandatory, the calculation and rationale is required with the application. This is a minimum requirement for all applications, where financial assurance is mandatory.

To see a list of when financial assurance is normally required and for instructions on how to estimate the amount of financial assurance that should be provided, refer to Environmental Protection Act, Part XII, Financial assurance for environmental protection and F-15: Financial assurance guideline at Ontario.ca. For new and expanding landfill sites, refer to Landfill standards: a guideline on the regulator and approval requirements for new or expanding landfill sites, Section 5: Financial assurance.

If financial assurance is required, you should indicate an estimated amount based on the expected one-time and recurring costs of each compliance activity specific in relevant regulations or in specific orders, or approvals over the intended planning period. If applicable, you may enter any additional information, including the various compliance activities. If your type of project does not normally require financial assurance or financial assurance is not required by regulation, simply state that financial assurance is not required.

On revocation of an ECA for which financial assurance was provided, the ministry returns the amount to you after it has confirmed it will be unnecessary to implement any remedial measures.

Section 9: Supporting Documents

Section 9 of the online ECA application relates to the specific technical documents you must submit as part of your application. The information in these technical documents should provide further description and explanation of the activity that is the subject of your application, for example, equipment involved, processes, design, etc.

The ministry requires all documents to be submitted electronically. Attachment size for supporting documents into the electronic ECA application is limited to 100 MB. Any files larger than 100 MB can be compressed (Zipped).

Section 10: Applicant Certification

This statement certifies that the information provided in the ECA application by the applicant is accurate and complete and that the information the applicant provided to the technical contact is accurate and complete.

The person signing must have the authority to bind the applicant as per Ontario Regulation 255/11: Applications for Environmental Compliance Approvals.

If the person signing is not a sole proprietor, written authorization from the applicant must be included with the application. For example, if the person signing is an employee of the corporation, written authorization from the corporation (typically from an officer of the corporation) must be provided.

If the applicant is a partnership, the person signing must be authorised by the other partners to sign on the partnership’s behalf.

Application Summary

This page is a checklist of the sections of the online ECA application. Use this section as a final checklist before certifying and submitting the application.

By selecting the Calculate button, the Total Fee will be automatically calculated based on the data you entered. The fee summary section should reflect the fees you are paying with your application. Although the online ECA application will automatically calculate the fees associated with the activities being proposed, the ministry assesses the fees and reserves the right to request additional fees, if required.

When you have verified that all sections have been completed and the fees have been calculated, you can select Ready to Finalize Check which will bring you to Section 10: Applicant Certification.