Notice of approval

Proponent: St. Thomas Sanitary Collection Service GP Incorporated on behalf of Green Lane Landfill, a division of St. Thomas Sanitary Collection Service Limited Partnership
Environmental assessment (EA) file number: PR-GR-02

Take notice that the period for requiring a hearing by the Environmental Review Tribunal, provided for in the Notice of Completion of the Review for the above noted undertaking, expired on November 17, 2005. I received no submissions requesting a hearing before the expiration date.

I do not consider it advisable or necessary to hold a hearing. Having considered the purpose of the Act, the approved terms of reference for the environmental assessment, the environmental assessment, the Ministry review of the environmental assessment, the comments submitted under subsections 6.4(2) and 7.2(2) of the Environmental Assessment Act, and the mediator’s report, 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 cannot be addressed through conditions of approval. The public review of the Environmental Assessment did not identify any outstanding concerns that cannot be addressed through these conditions of approval or conditions of a Provisional Certificate of Approval.
  5. 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 that suggest a hearing should be required.
  6. The local conservation authority and three First Nations groups noted concerns with flow redirection upon the landfill’s closing, in relation to groundwater contamination. On December 21, 2005, I decided to refer the matter to mediation. The mediation process resulted in recommendations for a condition in the Environmental Assessment approval. I support the recommendation and it is reflected in the conditions below.

Conditions

This approval is subject to the following conditions:

Definitions

  1. For the purpose of these conditions:
1998 EAA Approval
means the "Environmental Assessment Act, Section 9, Notice of Approval to Proceed with the Undertaking (and Order Under Subsection 12.4(3))" for the Environmental Assessment for the Expansion of the Green Lane Landfill located in Southwold Township, dated August 3, 1998 and approved by Order in Council 1888/98 dated August 13, 1998;
Contaminating Life Span
means the period of time during which a leachate treatment plant is required at the Site by a certificate of approval or provisional certificate of approval issued under the EPA;
Director
means the Director of the EAAB;
District Manager
means the District Manager of the MOE London District Office;
EAA
means the Environmental Assessment Act;
EAAB
means the Environmental Assessment and Approvals Branch of the MOE;
EMS
means the Proponent’s Environmental Management System referred to in condition 15;
Environmental Assessment
means the Proponent’s July 2005 environmental assessment report;
EPA
means the Environmental Protection Act;
FNLC
means the First Nations' Liaison Committee referred to in condition 25;
OWRA
means the Ontario Water Resources Act;
MOE
means Ministry of the Environment;
PLC
means the Green Lane Landfill Public Liaison Committee;
Proponent
means St. Thomas Sanitary Collection Service GP Inc. on behalf of Green Lane Landfill, a division of St. Thomas Sanitary Collection Service Limited Partnership, and includes its successors and assigns;
Regional Director
means the Director of the MOE Southwestern Regional Office;
Site
means the Green Lane Landfill Site on parts of Lots 21, 22, 23, Concession III, Township of Southwold, Elgin County lying north of Highway 401;
Southwold Township
means The Corporation of the Township of Southwold; and,
year
means a calendar year.

General requirements

  1. The Proponent shall comply with all the provisions of the Environmental Assessment, all of which are hereby incorporated in this approval by reference, except as provided in these conditions or by any requirement of the Part V of the EPA Provisional Certificate of Approval for the Site or by any other approvals or permits that may be issued; and, for greater certainty, notwithstanding the on-Site inspection activities referred to in conditions 12, 13, and 14 the Proponent shall allow MOE personnel, or a MOE authorized representative(s), upon presentation of credentials, to carry out any and all inspections authorized by Section 156, 157 or 158 of the EPA, Section 15, 16, or 17 of the OWRA, or Section 19 or 20 of the Pesticides Act, as amended from time to time.
  2. These conditions do not prevent more restrictive conditions being imposed under other statutes.
  3. Where a document is required for the Public Record, the Proponent shall provide the document to the Director for filing within the specific Public Record file maintained for the undertaking described in the Environmental Assessment. The Proponent shall provide copies of all documents for the purpose of public review to:
    1. The Regional Director;
    2. The District Manager;
    3. The Clerk of the Southwold Township;
    4. The PLC; and
    5. The FNLC, if one exists.
    These documents may also be provided by electronic or other means as considered appropriate by the Proponent.

Interpretation

  1. Where there is a conflict between a provision of any document, including the Environmental Assessment, referred to in this approval, and the conditions of this approval, the conditions in this approval shall take precedence.
  2. Where there is a conflict between any two documents discussed in this approval, the document bearing the most recent date shall take precedence.
  3. Without limiting the generality of conditions 5 and 6, and for greater clarity, conditions 4.3 through 4.6 inclusive, and condition 11 of the 1998 EAA Approval do not apply.
  4. The conditions of this approval are severable. If any condition of this approval, or the application of any condition of this approval to any circumstance, is held invalid or unenforceable, the application of such condition to other circumstances and the remainder of this approval shall not be affected thereby.

EAA monitoring and annual reporting

  1. The Proponent will continue to monitor compliance with these and any other conditions of approval and will continue to issue annually a report which describes compliance with these and any other conditions of approval. Such annual reporting shall continue until the fifth year after the completion of the closing the Site; the reporting may be combined with any report required under the EPA; and each annual report shall be filed with the Public Record.
  2. The Proponent shall retain, either on-Site or in another location approved by the Director, copies of the annual reports referred to in condition 9 and any associated documentation of compliance monitoring activities for a period of at least 2 years after the last report referred to in condition 9 is made. The Proponent shall make such documentation available to the MOE in a timely manner when requested by the MOE during an on-site inspection, in response to a pollution incident report or when information concerning compliance is requested by the MOE.
  3. Unless otherwise stated, the Proponent shall retain the records required by the Environmental Assessment and these conditions for a period of at least 10 years following the date of which the record was required to be created.

On-site inspection activities

  1. The Proponent shall permit a environmental inspector employed by the MOE ("Environmental Inspector") to inspect the Site, during hours of waste disposal operations on such terms and conditions, after consultation with the Proponent, as deemed appropriate by the District Manager and, for greater certainty:
    1. the Proponent shall provide the Environmental Inspector with adequate office facilities, including a telephone, and a computer, for use at the Site, and appropriate arrangements for on-site transportation;
    2. the Proponent shall, on a semi-annual basis, reimburse the MOE for the reasonable costs of the Environmental Inspector and associated expenses.
  2. Implementation of condition 12 shall be required of the Proponent in accordance with the following Conditions:
    1. The Proponent shall undertake an air space survey of the bottom and top waste contours to determine the estimated air space used for waste disposal in the prior six months. The air space survey shall include daily cover material and shall take into account settlement. The first air space survey shall be undertaken within six months after the approval of this Environmental Assessment with an air space survey being completed every six months after the completion of the first air space survey.
    2. Wastes which the Proponent has been ordered to dispose of at the Site by any Ministry, Department or agency of the federal or Provincial Crown shall be excluded from the air space survey calculations.
    3. Each air space survey shall be conducted by an Ontario Land Surveyor or other qualified consultant and such air space survey shall be confirmed by the District Manager. The Proponent shall keep a copy of each air space survey on-Site and make them available to MOE personnel.
    4. Based on the annual rate of waste received at the Site reflected by the most recent air space survey, an Environmental Inspector shall inspect the Site the following number of days per week as shown in the Table below:
      Number of days per week the Environmental Inspector shall inspect the site Annual rate waste received at site in cubic metres
      1 0 up to 500,000
      2 500,000 up to 650,000
      3 650,000 up to 800,000
      4 800,000 up to 950,000
      5 950,000 or more
    5. Notwithstanding condition 13(d), the requirement for an Environmental Inspector shall not commence until the annual rate of waste received at the Site is equal to or greater than 350,000 cubic metres.
    6. Notwithstanding conditions 13(d) and 13(e), on approval of the Environmental Assessment, the District Manager may require an Environmental Inspector to be on-Site up to one day per week.
  3. Notwithstanding condition 13, after approval of the Environmental Assessment, the Environmental Inspector’s duties may, in consultation with the Proponent, be increased, reduced, suspended or terminated on such terms and conditions as deemed appropriate by the District Manager and, for greater certainty, the District Manager may require an Environmental Inspector to be on-Site for up to five days per week in cases of apparent significant non-compliance with condition 2 above until such non-compliance is resolved.

Environmental management system

  1. The Proponent will continue the development of its EMS and the following conditions apply to the Proponent’s EMS:
    1. The EMS is not part of the regulatory regime under which the Site is operated but rather it is a tool, the purpose of which is to manage and monitor waste disposal operations at the Site such that these activities are conducted in accordance with the provisions of Certificates of Approval issued under the EPA and OWRA and applicable provisions of Ontario’s environmental. legislation.
    2. The Proponent will continue to promote best practices in its Site operations and will seek continuous improvements in those practices and, to that end, will establish and document standard operating procedures which are compiled as and constitute the principal part of the EMS.
    3. If the Proponent makes changes to the EMS, including any of the EMS standard operating procedures, the Proponent will advise the Regional Director and the PLC and the FNLC, if one exists, and will invite comments. If it is determined by the Regional Director that such a change in the EMS results in Site operations or activities which are not in accordance with the provisions of Certificates of Approval issued under the EPA and OWRA and applicable provisions of Ontario’s environmental legislation, then the Proponent will alter the EMS change accordingly.
    4. Changes to EMS standard operating procedures will take effect from the time they are made by the Proponent.
    5. The Proponent will make revisions to the EMS to reflect the optimization undertaking referred to in this approval within one (1) year of the finalization of all Certificates of Approval required under the EPA and OWRA for the operation of the Site optimization and condition IS(c) will apply to such optimization revisions.

Green Lane Landfill

  1. The Site may only accept for disposal solid, non-hazardous waste (including contaminated soil and waste material that may be used as cover material) generated in Ontario.
  2. As part of its application for approval under Part V of the EPA for the undertaking described in the Environmental Assessment,
    1. the Proponent shall ensure that MOE Guideline B-7, Reasonable Use Concept, is applied to the northern Site boundary along Third Line; and
    2. the Proponent shall commit to the replacement of trees lost as a result of the Site optimization or any mitigation or contingency measure in locations on Site or off-Site in a manner that enlarges existing interior habitat and/or connects fragmented wooded areas.
  3. This approval only permits the disposal of waste to fill an air space of 10,900,000 cubic metres (including, as previously, daily cover material and taking into account anticipated waste settlement) in addition to the waste disposal air space approved by the 1998 EAA Approval and any approval under Part V of the EPA shall be so restricted.
  4. In determining the volume limits for the purposes of condition 18, uncontaminated soil used for final cover at or above the upper contour establishing the Site optimization limit need not be taken into account.

Public Liaison Committee

  1. The Proponent shall make every reasonable effort to continue and maintain the PLC. The PLC shall serve as a focal point for dissemination, review and exchange of information and monitoring results relevant to the operation of the Site.
  2. The Proponent shall provide for the administrative costs of operating the PLC, including the cost of meeting places and clerical services. These costs may be paid by the Green Lane Community Trust Fund, as outlined in the July 23, 1997 agreement between Southwold Township and the Proponent.
  3. The presently approved Terms of Reference for the PLC will continue and may be amended from time to time in accordance with its terms.
  4. The Proponent’s consultants' reports relating to Site operations shall be provided by the Proponent to the PLC.

First Nation liaison

  1. The Proponent will consult in good faith with:
    1. the Caldwell First Nation,
    2. the Walpole Island First Nation, and
    3. any of the Oneida Nation of the Thames, the Chippewas of the Thames First Nation and the Munsee-Delaware First Nation that are not participating on the FNLC
    to discuss, provide information, and to attempt to resolve environmental concerns related to the Site which may be identified from time to time during the operational life of the Site.
  2. The Proponent shall participate on the FNLC, if established by one or more of the Oneida Nation of the Thames, the Chippewas of the Thames First Nation and the Munsee-Delaware First Nation, and the following conditions shall apply:
    1. The purpose of the FNLC is to serve as a forum for the communication and resolution of environmental concerns related to the Site, the dissemination, review and exchange of information, including the monitoring results relevant to the operation of the Site, between the Proponent and the one or more of the Oneida Nation of the Thames, the Chippewas of the Thames First Nation and the Munsee-Delaware First Nation that are participating on the FNLC.
    2. The Proponent shall provide for the administrative costs of operating the FNLC, including providing meeting facilities on or in the vicinity of the Site and clerical services. The Proponent’s obligation for such costs in any year shall not be greater than the administrative costs provided in that year to the PLC. Such FNLC-related costs may be paid by the Green Lane Community Trust Fund, as outlined in the agreement dated July 23, 1997 and between the Corporation of the Township of South wold and the Proponent.
    3. The terms of reference for the FNLC should be resolved by agreement between the Proponent and the one or more of the Oneida Nation of the Thames, the Chippewas of the Thames First Nation and the Munsee-Delaware First Nation that seek to establish the FNLC. If such agreement cannot be reached, then the Director of EAAB shall appoint an independent arbitrator, with such instructions as the Director determines are necessary, to conduct negotiations to finalize the agreement. The arbitrator’s decision shall be consistent with these conditions and will be final and binding. The Proponent shall pay the costs of the arbitrator.

Watershed diversion

  1. The Proponent shall modify its related applications under the EPA and OWRA for approval by MOE to incorporate the changes to the Site design and operations, monitoring program, and emergency response protocols relating to the management of surface water for the Optimization of the Site contemplated by the report entitled "Surface Water Assessment Report for the Optimization of the Green Lane Landfill Site", prepared by Conestoga-Rovers & Associates dated March 2006 (March 2006 SW AR) and shall proceed with the Undertaking in accordance with the approvals issued by MOE under the EPA and OWRA.
  2. Subject to the Proponent obtaining the approvals contemplated in the preceding condition, diversion of surface water to Dodd Creek shall continue until the end of the contaminating life of the Site and, thereafter, the Proponent shall not re-direct surface water to the original, pre-development drainage pattern without first consulting with South wold Township, the Oneida Nation of the Thames, the Chippewas of the Thames First Nation, the Munsee-Delaware First Nation, the Kettle Creek Conservation Authority, and the Ministry of Natural Resources (Aylmer District Office) and then only in accordance with the prior approval of the Regional Director under the EPA and/or OWRA.

Property value protection plan

  1. The Proponent shall implement a Property Value Protection Plan as described in Schedule A attached to these conditions. The Property Value Protection Plan’s existence, conditions and procedures shall be made known by mailed notice to owners, as of the date of this EAA approval, of all property within two (2) kilometres of the limits of the area approved for landfilling operations within the Site. Such notification shall be given within sixty (60) days after the issuance of this approval to the owners of all such properties whose names appear upon the last revised assessment roll of the municipality in which such properties are located.

Dated the 26th day of May 2006 at Toronto.

Original signed by
Minister of the Environment
135 St. Clair Avenue West, 12th floor
Toronto, Ontario
M4V 1P5