Notice of approval

Proponent: Gerdau Ameristeel Recycling
Environmental assessment (EA) file number: EA-02-08-02

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 October 19, 2012.

I received no submissions requesting a hearing by the Environmental Review Tribunal.

I consider a hearing to be unnecessary in this case. 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 community review of the Environmental Assessment has indicated no outstanding concerns that have not been addressed or that cannot be addressed through commitments made during the Environmental Assessment process, through the conditions set out below or through future approvals that will be required.
  8. The submissions received after the Notice of Completion of Ministry Review was published are being addressed through commitments made during the Environmental Assessment process, through the conditions set out below or through future approvals that will be required, 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

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-in-Council.
Director
means the Director of the Environmental Assessment and Approvals Branch.
EAB
means the Environmental Approvals Branch of the Ministry of the Environment.
ECA
means an Environmental Compliance Approval issued under Part 11.1 of the Environmental Protection Act.
Environmental Assessment
means the document titled Gerdau Ameristeel Recycling Environmental Assessment, dated June 2012.
Ministry
means the Ministry of the Environment.
Proponent
means Gerdau Ameristeel Recycling.
Regional Director
means the Director of the Ministry’s Central Region Office
Site
means the Gerdau Ameristeel Recycling Landfill site and lands owned by the proponent as identified in the environmental assessment located at 1801 Hopkins Street South in the Town of Whitby.
SLC
means the Site Liaison Committee.
Undertaking
means the expansion of the on-Site landfill and provision for future extraction, recovery and re-use of landfilled shredder by-product residue for the production of saleable products, as further described 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 Undertaking.
  2. These conditions do not prevent more restrictive conditions being imposed under other statutes.
  3. For every document submitted to the Ministry, the Proponent shall clearly identify the condition in this Notice of Approval pursuant to which the document, report or notice is submitted.

3. Public record

  1. Where a document, plan or report is required to be submitted to the Ministry, the proponent shall provide two copies of the document, plan or report: a copy for filing in the public record file maintained for the Undertaking and a copy for staff use.
  2. The Proponent shall include the file number, EA-02-08-02, on all documents submitted to the Ministry pursuant to this Notice of Approval.
  3. For public access, the Proponent shall provide a copy of all documents submitted to the Ministry pursuant to this Notice of Approval to the:
    1. Regional Director;
    2. Clerk of the Town of Whitby;
    3. Clerk of the Regional Municipality of Durham; and,
    4. Site Liaison Committee.

4. Compliance monitoring program

  1. The Proponent shall develop a Compliance Monitoring Program that sets forth how the Proponent will monitor and report on its fulfillment of the provisions of the Environmental Assessment; commitments made by the Proponent during the environmental assessment process; and, the conditions included in this Notice of Approval.
  2. The proponent shall submit the Compliance Monitoring Program to the Director within 12 months from the Date of Approval or at least 60 days prior to the start of Construction, whichever is earlier.
  3. The Director may require the Proponent to amend the Compliance Monitoring Program at any time. Should an amendment be required, the Director will notify the Proponent in writing of the required amendment and date by which 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 Compliance Monitoring Program and any amendments to it.
  6. All documentation pertaining to the Compliance Monitoring Program shall be made available to the Ministry or a designate in a timely manner when requested to do so by the Ministry.

5. Compliance reporting

  1. The Proponent shall prepare an annual Compliance Report containing the results of the Compliance Monitoring Program required by Condition 4 of this Notice of Approval.
  2. The annual Compliance Report shall be submitted to the Director on or before December 31 of each year, with the first report being due in 2013. Subsequent annual Compliance Reports shall be submitted to the Director on or before December 31 each year thereafter.
  3. Each annual Compliance Report shall cover all activities of the previous 12 month period.
  4. The Proponent shall submit an annual Compliance Report until all conditions in this Notice of Approval are satisfied.
  5. Once all conditions in this Notice of Approval have been satisfied, the Proponent shall indicate in the annual Compliance Report that the Compliance Report is its final annual Compliance Report and that all conditions in this Notice of Approval have been satisfied.
  6. The Proponent shall retain, either onsite or in another location approved by the Director, copies of each of the annual Compliance Reports and any associated documentation of compliance monitoring activities.
  7. All documentation pertaining to this condition shall be made available to the Ministry or a designate in a timely manner when requested to do so by the Ministry.

6. Site Liaison Committee

  1. The Proponent shall make reasonable efforts to establish a SLC in respect of the Site within 12 months from the Date of Approval, for the purposes of disseminating, reviewing and exchanging information and monitoring results relevant to the Undertaking, and discussing any issues or concerns raised by the public.
  2. If there is no interest from the public in establishing and participating in a SLC (once sufficient notice has been given), or if there is no interest in - continuing a SLC after one has been established, the Proponent shall publish a notice at least once a year inviting expressions of interest in forming the SLC.
  3. If a SLC is established, the Proponent shall provide administrative support for the SLC including, at a minimum, the following:
    1. providing SLC meeting space;
    2. preparing and publishing meeting notices;
    3. recording minutes of each meeting; and,
    4. preparing an annual report of SLC activities to be submitted as part of Compliance Reporting 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 received during the implementation of 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. Landfill reclamation

  1. Prior to undertaking any proposed landfill excavation and reclamation activities at the Site, the proponent must obtain all of the necessary approvals from the Ministry under Part II.1 of the Environmental Protection Act and implement the Project in accordance with those approvals. The Proponent shall also ensure that:
    1. the existing cells, as shown on Figure 1, are limited to a one time excavation and reclamation in order to ensure they continue to provide a visual barrier for the Site;
    2. the approved expansion cells, as shown on Figure 2, are excavated and reclaimed continually only if it can be shown that there is a need for the material and that those materials can be recycled and reused;
  2. For a minimum of 30 days prior to the submission of an application for approval under Part II.1 of the Environmental Protection Act for any proposed landfill excavation and reclamation activities at the Site, the Proponent shall notify and seek comment from the public and any interested stakeholders by:
    1. posting a copy of the ECA amendment application on the Proponent’s website;
    2. providing a copy of the ECA amendment application to the Clerk of the Town of Whitby and to the Clerk of Durham Region; and,
    3. providing a copy of the ECA amendment application to the SLC, should one exist.
  3. In addition to any other information that may be required, the Proponent shall include the following information in any application for approval that may be required under Part II.1 of the Environmental Protection Act:
    1. Details on the proposed end-use and destination of the waste requested to be reclaimed;
    2. Duration of excavation and reclamation activities;
    3. Details on how the Proponent will manage potential impacts from nuisances such as dust, noise, odour, litter, etc.
    4. Details on the amount and volume of waste to be excavated;
    5. Details on the location of waste to be excavated;
    6. Details on the methods to be used to measure the amount of waste to be excavated;
    7. Details on how comments from the public and/or stakeholders were considered, if any were received; and,
    8. any other information the Director under Part II.1 of the Environmental Protection Act deems necessary to ensure the activity does not cause any unacceptable adverse impacts to the environment.

Dated the 6th day of March 2013 at Toronto.

Original signed by
Minister of the Environment
77 Wellesley Street West, 11th floor, Ferguson Block
Toronto, Ontario
M4V 1P5