Notice of approval

Proponent: County of Simcoe
Environmental assessment (EA) file number: MU-0879-02

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 December 2, 1998. I received 292 submissions before the expiration date. Two submissions requested a hearing by the Environmental Assessment Board. One submission requested mediation. The public, including the submitters, had been advised that the Minister 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. There was one submission against such an order.

Pursuant to subsection 12.4(3) of the amended Environmental Assessment Act I order 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) apply with respect to the Environmental Assessment.

I do not consider it advisable or necessary to hold a hearing or mediation. 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.

  1. The proponent, Simcoe County, shall comply with the provisions of the Environmental Assessment, all of which are incorporated herein by reference, except as provided in these conditions and as provided in any Part V and section 9 Environmental Protection Act (EPA) approvals and any other approvals or permits that may be issued for the undertaking.
  2. These conditions do not prevent more restrictive conditions being imposed by other statutes.
  3. All documents described in this Notice of Approval that require filing in the public record shall be made available to the Director of the Environmental Assessment and Approvals Branch, Ministry of the Environment. Additional copies shall be provided to the District Manager, Barrie District Office, Ministry of the Environment, the Clerk of the Corporation of the County of Simcoe, and a local public library. Public notice shall be given of any such documents being placed in the public record.
  4. The proponent shall cause a bird control specialist to design a bird control program ("bird control program") including both passive and active bird control measures and performance criteria ("performance criteria"); to prevent birds from landing, feeding, or loafing at the landfill site.
  5. The bird control program must be reviewed and accepted by Transport Canada, and placed in the public record before a provisional Certificate of Approval is issued under Part V of the Environmental Protection Act for this landfill site. This program may be modified from time to time, with the approval of the Director, Environmental Assessment and Approvals Branch, Ministry of the Environment.
  6. The bird control program shall operate from the time the proponent begins to prepare the site to receive landfill, throughout the operational life of the landfill site, and until final cover has been completed and stabilized.
  7. The bird control program shall be implemented by a dedicated team, trained by a bird control specialist, not as a secondary duty of landfill operating staff.
  8. The proponent shall facilitate the establishment and ongoing operation of an independent Site Liaison Committee ("committee"), including a position for a representative of the Collingwood Municipal Airport, to continue to provide a forum for interaction between the proponent and the public for the life of the undertaking on all landfill site related issues, such as the effectiveness of the bird control program.
  9. A traffic impact study for the intersection of Highway 26 and the Township of Clearview Sideroad 30-31 shall be reviewed and accepted by the Ministry of Transportation (MTO), Southwest Region, before a provisional Certificate of Approval for the landfill site is issued under Part V of the Environmental Protection Act. The traffic impact study, MTO's approval, and any related agreement as to costs shall be placed in the public record.
  10. Prior to any waste being received at the new landfill, the proponent shall by letter to the Director indicate how they have complied with these conditions. The letter shall be filed.

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.
  5. The submissions received after publishing the Notice of Completion shall be dealt with through conditions, where appropriate.
  6. There are no outstanding issues which would benefit from either a hearing or mediation.

Dated the 15th day of January, 2001 at Toronto.

Original signed by
Minister of Environment
135 St. Clair Avenue West, 15th floor
Toronto, Ontario
M4V 1P5

Approved by O.C. number 02/2001