Notice of approval

Proponent: The County of Northumberland
Environmental assessment (EA) file number: EA-02-08-02

Take notice that the period for requesting a hearing, provided for in the Notice of Completion of the Review for the above-noted undertaking, expired on September 3, 2014.

Having considered the purpose of the Environmental Assessment Act, the approved Terms of Reference, the Environmental Assessment, the Ministry Review of the Environmental Assessment and submissions received, I hereby give approval to proceed with the Undertaking, subject to the conditions set out below.

Reasons

My reasons for giving approval are:

  1. The proponent has complied with the requirements of the Environmental Assessment Act.
  2. The Environmental Assessment has been prepared in accordance with the approved Terms of Reference.
  3. On the basis of the proponent’s Environmental Assessment and the Ministry Review, the proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
  4. No other beneficial alternative method of implementing the undertaking was identified.
  5. The proponent has demonstrated that the environmental effects of the undertaking can be appropriately prevented, changed, mitigated, or remedied.
  6. On the basis of the proponent’s Environmental Assessment, the Ministry Review and the conditions of approval, the construction, operation and maintenance of the undertaking will be consistent with the purpose of the Environmental Assessment Act (section 2).
  7. The government agency, public and Aboriginal review of the Environmental Assessment has indicated no outstanding concerns that cannot be addressed through commitments made in the Environmental Assessment, through the conditions set out below, or future additional approvals that will be required.
  8. The submissions received after the Notice of Completion of the Review was published are being dealt with through commitments made in the Environmental Assessment, through the conditions set out below, or future additional approvals that will be required. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

The approval is subject to the following conditions:

1. Definitions

For the purposes of these conditions:

BLLC
means the Brighton Landfill Liaison Committee.
Construction
means physical construction activities, including, site preparation works, but does not include tendering of contracts.
Date of approval
means the date on which the Order in Council was approved by the Lieutenant Governor.
Director
means the Director of the Environmental Approvals Branch.
EAB
means the Environmental Approvals Branch of the Ministry of the Environment and Climate Change.
Environmental Assessment
means the document titled Brighton Landfill Expansion Environmental Assessment (as amended January 21 , 2013).
EPA
means the Environmental Protection Act
Ministry
means the Ministry of the Environment and Climate Change.
Notice
means this Notice of Approval to Proceed with the Undertaking.
Program
means compliance monitoring program.
Proponent
means the County of Northumberland.
Signing Director
means a person appointed by the Minister pursuant to section 5 of the EPA for the purposes of Part 11.1 of the EPA.
Site
means the entire waste disposal site and municipal hazardous or special waste and waste electrical and electronic equipment depot, including the buffer lands, located on Lots 31 and 32, Concession 2, in the Municipality of Brighton.
Undertaking
means the construction and operation of the expanded landfill footprint at the site, and as more specifically set out in the environmental assessment.

2. General requirements

  1. The proponent shall carry out the undertaking in accordance with the environmental assessment which is hereby incorporated in this approval by reference except as provided in these conditions and as provided in any other approval or permit that may be issued for the site.
  2. The proponent shall fulfill all commitments made during the environmental assessment process.
  3. The conditions set out in this Notice do not prevent more restrictive conditions being imposed under other statutes.

3. Public record

  1. Where a document is required for the public record, the proponent shall provide two copies of the document to the Director: a copy for the public record file maintained for the undertaking and a copy for staff use.
  2. The EAB file number EA-03-08-02 and the EAIMS number 10217 shall be quoted on all documents submitted to the ministry pursuant to this Notice.
  3. For every document submitted to the ministry, the proponent shall clearly identify which condition the document is meant to fulfill
  4. Documents may be pro~ided electronically where appropriate. The ministry may request that the document be provided in hardcopy.

4. Compliance monitoring program

  1. The proponent shall prepare and submit to the Director for the public record, an environmental assessment compliance monitoring program.
  2. The program shall be submitted to the Director within one year from the date of approval, or 60 days before the commencement of construction, whichever is earlier.
  3. The program shall include monitoring of the proponent’s implementation of the undertaking in accordance with the environmental assessment and the conditions in this Notice with respect to mitigation measures, public consultation, and additional studies and work to be carried out, including groundwater monitoring plans. The program shall also include monitoring of compliance with all commitments made in the environmental assessment and the subsequent review of the environmental assessment and the approval process for the environmental assessment with respect to mitigation measures, public consultation, and additional studies and work to be carried out.
  4. Any additional studies that are referenced in the program must be developed in consultation with the Municipality of Brighton and any other relevant stakeholders.
  5. The program must contain an implementation schedule.
  6. The Director may require the proponent to amend the program. The program, as it may be amended by the Director, must be carried out by the proponent.
  7. The proponent shall make the program documentation available to the ministry or its designate upon request in a timely manner when so requested by the ministry.

5. Compliance reporting

  1. The proponent shall prepare an annual compliance report which describes the proponent’s compliance with the conditions in this Notice and the results of the program.
  2. The annual compliance report shall be submitted for the public record on or before March 31 of each year, with the first report being due in 2015, and shall cover all activities of the previous calendar year.
  3. The proponent shall submit annual compliance reports until all conditions are satisfied.
  4. When all conditions have been satisfied, the proponent shall indicate in the annual compliance report that it is the final annual compliance report.
  5. The proponent shall retain, either on site or in another location approved by the Director, copies of the annual compliance reports for each reporting year and any associated documentation of compliance monitoring activities.
  6. The proponent shall make the compliance reports and supporting documentation available to the ministry or its designate upon request in a timely manner when requested to so by the ministry.

6. Community Liaison Committee

  1. The proponent shall maintain the BLLC in respect of the undertaking to provide a forum for public concerns to be raised and for mitigation measures to be discussed where appropriate.
  2. If there is no interest from the public in continuing the existing BLLC or establishing and participating in a new BLLC (once sufficient notice has been given) it may be discontinued. If discontinued the proponent shall publish a notice at least annually inviting expressions of interest in establishing or re-establishing the BLLC.
  3. If continued or re-established, the BLLC shall serve as the focal point for dissemination, review and exchange of information and monitoring results relevant to the undertaking.
  4. The proponent shall provide administrative support for the BLLC including, at minimum:
    1. providing BLLC meeting space;
    2. preparing and publishing meeting notices;
    3. recording minutes of each meeting; and,
    4. preparing an annual report to be submitted as part of Compliance Reporting as required by Condition 5.

7. Complaint protocol

  1. The proponent shall prepare and implement a protocol on how it will deal with and respond to inquiries and complaints with respect to the undertaking.
  2. The proponent shall submit the Complaint Protocol to the Director at least 6 months prior to the start of construction.
  3. The Director may require the proponent to amend the Complaint Protocol at any time.Should an amendment be required, the Director shall notify the proponent in writing of the amendment required and when the amendment must be completed.
  4. The proponent shall submit the amended Complaint Protocol to the Director within the time period specified by the Director.
  5. The proponent shall implement the Complaint Protocol and any amendments to it.

8. Groundwater

  1. The proponent shall prepare a monitoring plan for monitoring downgradient monitoring wells at an increased frequency during construction, to ensure that construction activities are not adversely impacting groundwater contaminant levels. This plan shall be submitted to the Signing Director for approval at least 90 days prior to construction.

9. Odour

  1. As part of the application for the Environmental Compliance Approval, the proponent shall include an odour management plan to ensure impacts associated with the excavation of existing on site waste are mitigated.

10. Climate change considerations

  1. To assist in reducing greenhouse gas emissions as a result of the project, the proponent shall assess the possibility of installing a landfill gas collection and flaring system in the engineered landfill cell to be constructed in the South East quadrant of the landfill,
    1. If the assessment undertaken in condition 8.1 determines it to be feasible to include the landfill gas collection and flaring system, the proponent will apply to amend the ECA to install and operate this system.
    2. The assessment should be completed within two years of the commencement of the undertaking.
    3. The assessment and any subsequent reports should be submitted to the Director for review.
  2. To assist in mitigating gas emissions as a result of the excavation of existing waste on site and its relocation to the expanded landfill cells, the proponent shall seek to implement methods to reduce greenhouse gas emissions associated with this activity. This may include the application of daily cover on areas that are excavated, and keeping the active face to a minimum.

Dated the 30th day of January 2015 at Toronto

Minister of Environment and Climate Change
77 Wellesley Street West, 11th Floor, Ferguson Block
Toronto, Ontario
M7A 2T5

Approved by O.C. number 183/2015
Date O.C. approved February 11, 2015