Notice of approval

Proponent: The Corporation of the Township of Chapleau
Environmental assessment (EA) file number: MU-0943-02

Take notice that the period for requiring a hearing, provided for in the Notice of Completion of the Review for the above noted undertaking, expired on May 22, 2001, received no submissions before the expiration date. No submissions required a hearing by the Environmental Review Tribunal. The public, including the submitters, had been advised that I was considering applying section 9 of the Act with respect to the Environmental Assessment (which has the effect of eliminating the acceptance decision which was necessary prior to January 1, 1997) and were invited to make submissions on that proposal. None did.

An order has been made pursuant to subsection 12.4(3) of the Environmental Assessment Act that the provisions of section 9 (other than paragraph 9(2)(2), and other than the reference to subsection 6.4(2) in paragraph 9(2)(5), sections 9.1 to 9.3, sections 11 to 11.3, and section 12.2 apply with respect to the Environmental Assessment.

I do not consider it advisable or necessary to hold a hearing. Having considered the purpose of the Act, the Environmental Assessment, the Review and submissions received, I hereby give approval to proceed with the undertaking, subject to conditions set out below.

Reasons

My reasons for giving approval are:

  1. On the basis of the proponent’s Environmental Assessment and the Review, the proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
  2. No other beneficial alternative method of implementing the undertaking was identified.
  3. On the basis of the proponent’s Environmental Assessment, the Review and the conditions of approval, the construction, operation and maintenance of the undertaking will be consistent with the purpose of the Act (Section 2).
  4. The Government Review Team has indicated no outstanding concerns that can not be addressed through conditions of approval. The public review of the Environmental Assessment did not identify any outstanding concerns which can not be addressed through these conditions of approval or conditions of a Provisional Certificate of Approval.
  5. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

1. Definitions

Proponent
means the The Corporation of the Township of Chapleau;
Site
refers to the site located on Crown Lands located immediately west of the current municipal landfill and south of Highway 129, within part of Concession 5, Lot 1, Chappise Township;
MOE
refers to the Ministry of the Environment;
Director
refers to the Director of MOE's Environmental Assessment and Approvals Branch;
Regional Director
refers to the Director of the MOE's Northern Region;
SLC
refers to the Site Liaison Committee;
EAA
refers to the Environmental Assessment Act; and
EPA
refers to the Environmental Protection Act.

2. General requirements

  1. The Proponent shall comply with the provisions of the Environmental Assessment, all of which are hereby incorporated herein by reference, except as amended by these conditions and by any requirement of any Part V, Environmental Protection Act (EPA), Provisional Certificate of Approval for the site and any other approvals or permits that may be issued.
  2. The Proponent shall submit to the Director for placement on the Public Record a comprehensive list of all commitments made in the Environmental Assessment, related documentation and correspondence, the Review and this Notice. The list shall be submitted not later than the first anniversary date of the issue of this approval.
  3. The Proponent shall submit to the Director an annual statement of compliance for the items included on the list generated under condition 2.2. The first statement of compliance shall be completed not later than the first anniversary date of the issue of this approval. Subsequent reassessments shall be completed at intervals not exceeding one year and ending on an anniversary date of the issue of this approval.
  4. The Proponent shall obtain approval under the Ontario Water Resources Act for the establishment of any proposed leachate collection system and stormwater management system.
  5. These terms and conditions do not prevent more restrictive conditions being imposed under other statutes.
  6. Where a document is required for the Public Record, it shall be provided to the Director for filing with the Public Record maintained for this undertaking. Additional copies of all such documents will be provided. by the Proponent to the Director, Northern Region, and the Clerk of the Township of Chapleau.

3. Site 12RW landfill site

  1. The Proponent shall bear the costs that are associated with the design, development, operation, closure, monitoring, leachate and gas collection, and, if necessary, restoration of affected water supplies, related to the site.
  2. The site must be designed so that Policy 8-7 ("Reasonable Use Policy") limits are not exceeded in groundwater at the attenuation zone boundary. Where there is surface water within the attenuation zone, leachate impacted water must meet Provincial Water Quality Objectives at the point of discharge from the site. The site cannot be designed using surface water mixing zones. Where there is surface water adjacent to the attenuation zone, leachate impacted water must meet Provincial Water Quality Objectives.
  3. The Proponent shall carry out 5-year reassessments of waste diversion efforts, projected population growth, and quantities of waste to be disposed of over the remainder of the planning period. The 5-year reassessment shall be submitted to the Regional Director and filed with the Environmental Assessment and Approvals Branch for the Public Record. The first reassessment shall be completed not later than the anniversary date of the issue of this approval that first occurs at least five years and six months after the site has received waste pursuant to this approval. Subsequent reassessments shall be completed at intervals not exceeding five years and ending on an anniversary date of the issue of this approval.

4. Site Liaison Committee

  1. The Proponent shall consult with the following groups to review the need for establishing a Site Liaison Committee (SLC) once the site begins to operate:
    1. those local municipalities using the landfill;
    2. First Nations Groups using the landfill;
    3. the interested public; and
    4. non-voting member from the MOE.
    The Proponent shall submit the results of these consultations to the Regional Director.
  2. If formed, the SLC shall develop its mandate in consultation with the affected public. The mandate shall be submitted to the Regional Director for approval. Representatives will serve for specified time periods, which will be identified in the SLC's mandate.
  3. The Proponent shall develop, in consultation with the SLC, a procedure for responding to complaints. If an SLC is not formed under condition 4.2, then the Proponent is solely responsible for developing the procedure for responding to complaints. The Proponent shall keep records of the complaints received, the actions taken, and the results or outcome of these actions. The Proponent shall ensure this record is maintained to facilitate compliance with the Municipal Freedom of Information and Protection of Privacy Act, and subject to that Act, make it available for inspection upon request of the SLC, the public or MOE.

Dated the 9th day of October, 2001 at Toronto.

Minister of Environment
135 St. Clair Avenue West, 12th Floor
Toronto, Ontario
M4V 1P5

Approved by O.C. number 2299/2001