Notice of approval

Proponent: Clean Harbors Canada Incorporated
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 March 6, 2015.

I received no submissions under Subsection 7.2(3) of the Environmental Assessment Act requesting that the application or matters that relate to the application be referred to the Environmental Review Tribunal for a hearing and decision. I therefore consider referring the application or matters that relate to the application to the Tribunal to be unnecessary.

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 conditions set out below.

Reasons

My reasons for giving approval are:

  1. The proponent has complied with the requirements of the Environmental Assessment Act (1).
  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 through 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 conditions where appropriate. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

The approval is subject to the following conditions:

1. Definitions

For the purposes of these conditions:

Aboriginal communities
means the Walpole Island First Nation; Aamjiwnaang First Nation; Kettle Point First Nation; Moravian of the Thames First Nation; Oneida of the Thames; Chippewas of the Thames First Nation; Munsee-Delaware First Nation; and Caldwell First Nation.
CLC
means the Community Liaison Committee.
Construction
means physical construction activities, including, site preparation, but does not include tendering of contracts.
Director
means the Director of the Environmental Approvals Branch.
District Manager
means the Manager of the Ministry’s Sarnia District Office
EAB
means the Environmental Approvals Branch of the Ministry of the Environment and Climate Change.
Environmental Assessment
means the document titled Lambton Landfill Expansion Environmental Assessment, October 2014
GNP
means the Good Neighbours Program as defined in Section 4.3.8.3 of the Environmental Assessment.
Ministry
means the Ministry of the Environment and Climate Change.
Notice
means this Notice of Approval to Proceed with the Undertaking.
Proponent
means Clean Harbors Canada Inc.
Regional Director
means the Director of the ministry’s Southwest Region Office.
Site
means the 121 hectare property located at 4090 Telfer Road, Rural Route #1, Corunna, Ontario NON 1GO, in the Township of St. Clair in the County of Lambton.
Undertaking
means the construction and operation of the Lambton landfill expansion at the site, as further detailed in the Environmental Assessment.

2. General requirements

  1. The proponent shall comply with the provisions in the Environmental Assessment which are 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 in the Environmental Assessment.
  3. These conditions do not prevent more restrictive conditions being imposed under other statutes.

3. Public record and submission of documents

  1. Where a document is required for the public record, the proponent shall provide:
    1. two copies of the document to the Director and
    2. one copy to the Regional Director and the District Manager; and
    3. one copy to the Clerks of the Township of St. Clair and the County of Lambton;
  2. The EAB file number EA-02-08-02-03 and the EAIMS number 09001 shall be quoted on the 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 provided 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 compliance monitoring program shall be submitted 30 days before the commencement of construction or such other date as agreed to in writing by the Director.
  3. The compliance monitoring program shall describe how the proponent will monitor its fulfilment of:
    1. the provisions of the Environmental Assessment with respect to mitigation measures, consultation with the public and Aboriginal communities, and additional studies and work to be carried out.
    2. all other commitments made by the proponent in the Environmental Assessment and the approval process for the Environmental Assessment with respect to mitigation measures, consultation with the public and Aboriginal communities, and additional studies and work to be carried out; and
    3. all conditions included in this Notice.
  4. The compliance monitoring program must contain an implementation schedule for all provision, commitments and conditions set out in Condition 4.3.
  5. The Director may require the proponent to amend the compliance monitoring program at any time. Should an amendment be required to the program, the Director will notify the proponent, in writing, of the required amendment and the date by which the proponent must submit the amended program to the Director.
  6. The compliance monitoring program, as it may be amended by the Director, must be carried out by the proponent.
  7. The proponent shall make the compliance monitoring 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 of approval set out in this Notice and which describes the results of the Environmental Assessment compliance monitoring program
  2. The proponent shall include in its annual compliance report a section which summarizes its work with the Aboriginal communities during the implementation of the undertaking, including details regarding any concerns raised by the Aboriginal communities and how they have been considered and responded to.
  3. The first annual compliance report shall be submitted to the Director, for the public record, within one year from the start of construction and shall cover all activities of the previous 12 month period.
  4. Subsequent compliance reports shall be submitted to the Director, for the publicrecord, on or before November 30 of each year thereafter. Each compliance report shall cover all activities of the previous 12 month period.
  5. The proponent shall submit annual compliance reports until all conditions are satisfied, or until 5 years after completion of the closing of the landfill.
  6. When all conditions have been satisfied, the proponent shall indicate in the annual compliance report that this is its final submission and that all conditions in this Notice have been satisfied.
  7. 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 anyassociated documentation of compliance monitoring activities.
  8. The proponent shall make the compliance reports and supporting documentation available to the ministry or its designate upon request in a timely manner when so requested by the ministry.

6. Community Liaison Committee

  1. The proponent shall make a reasonable effort to maintain a CLC in respect of the site 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 CLC or establishing and participating in a new CLC (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 established or reestablishing the CLC.
  3. If continued or re-established, the CLC shall serve as the focal point for dissemination, review and exchange of information as well as sharing of any monitoring results relevant to the undertaking.

7. Good Neighbours Program

  1. The proponent shall make a reasonable effort to maintain the existing GNP in respect of the site.
  2. If there is no interest from the public in continuing the existing GNP or establishing and participating in a new GNP (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 reestablishing the GNP.

8. Complaint protocol

  1. The proponent shall prepare and implement a complaint 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, for the public record, 30 days before the commencement of construction or such other date as agreed to in writing by the Director.
  3. The Director may require the proponent to amend the complaint protocol at any time. Should an amendment be required, the Director will notify the proponent, in writing, of the required amendment and the date by which the proponent must complete the amendment and submit it to the Director.
  4. The complaint protocol, as it may be amended by the Director, must be carried out by the proponent.

9. Consultation with Aboriginal communities

  1. The proponent shall continue to consult with the Aboriginal communities during the detailed design and implementation of the undertaking.
  2. During the detailed design and implementation of the undertaking, the proponent shall consider and respond to any concerns regarding the undertaking raised by the Aboriginal communities.
  3. The proponent shall include a summary of its consultation with the Aboriginal communities as part of the Environmental Compliance Approval application(s).

10. Terrestrial environment

  1. The proponent shall consult with Aboriginal communities regarding the development of the habitat compensation plan as part of the detailed design and Environmental Compliance Approval, including the consideration of traditional uses of flora and fauna, the significance of specific species to local Aboriginal communities, and native plant rescue.

11. Groundwater and surface water

  1. The proponent shall submit its updated groundwater and surface water monitoring program developed during the Environmental Assessment as part of their application for a Wastewater Environmental Compliance Approval.

12. Odour

  1. The proponent shall submit its updated air quality monitoring program and its fugitive dust and odour management plan developed during the Environmental Assessment as part of their application for an Air Environmental Compliance Approval.

13. Climate change considerations

  1. The proponent will amend the environmental monitoring plans to incorporate landfill gas monitoring and a landfill gas trigger mechanism plan into the program as part of their application for a Waste Environmental Compliance Approval. Further, the proponent will document any landfill gas generated at the site and will assess the need to incorporate engineered systems to manage the landfill gas including applying for an amendment to the Environmental Compliance Approval.

14. Other permits and approvals

  1. The proponent shall obtain other necessary permits and approvals including, but not limited to, those that are committed to in the Environmental Assessment.

Dated the 15th day of July, 2015 at Toronto.

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

Approved by O.C. number 948/2015
Date O.C. approved July 22, 2015