Notice of approval

Proponent: The Corporation of the Town of Hanover and Municipality of Brockton
Environmental assessment (EA) file number: EA-02-08-02-03

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 March 26, 2010.

I received one submission 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 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. On the basis of the proponent’s environmental assessment, the ministry Review and the conditions of approval, the construction, operation and maintenance, and retirement of the undertaking will be consistent with the purpose of the Environmental Assessment Act.
  6. The government, 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.
  7. 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, as 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 Goverf1or.
Director
means the Director of the Environmental Assessment and Approvals Branch.
EAAB
means the Environmental Assessment and Approvals Branch of the Ministry of the Environment.
environmental assessment
means the document titled Hanover/Walkerton Landfill Expansion Environmental Assessment, dated January 2010.
ministry
means the Ministry ofthe Environment.
program
means compliance monitoring program.
proponent
means the Corporation of the Town of Hanover and Municipality of Brockton.
site
means the Hanover-Walkerton Landfill site and lands owned by the proponent as identified in the environmental assessment.
undertaking
means the expansion of the Hanover/Walkerton Landfill 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. 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 two copies of the document to the Director: a copy for filing within the specific public record file maintained for the undertaking and a copy for staff use.
  2. EAAB file number EA-02-08-02-03 shall be quoted on the document.
  3. For every document submitted to the ministry, the proponent shall clearly identify which condition the document is meant to fulfill.

4. Compliance monitoring program

  1. The proponent shall prepare and submit to the Director for the public record, an environmental assessment program.
  2. The program shall be submitted within one year from the date of approval of the undertaking, or 60 days before the commencement of construction, whichever is earlier.
  3. The program shall include monitoring of the proponent’s fulfillment of the provisions of the. environmental assessment and the conditions in this Notice of Approval, including mitigation measures, consultation with the public and Aboriginal communities, and additional studies and work to be carried out. The program shall also include monitoring of compliance with all commitments made in the environmental assessment and the approval process for the environmental assessment regarding mitigation measures, consultation with the public and Aboriginal communities, and additional studies and work to be carried out.
  4. The program must contain an implementation schedule.
  5. The Director may require amendments to the program.
  6. The program, as amended by the Director, must be carried out by the proponent.
  7. The proponent shall make the program documentation available to the ministry or its 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 which describes its compliance with the conditions of approval set out in this notice and which describes the results of the proponent’s program.
  2. The first compliance report shall be issued no later than one year of the date of approval, and each year thereafter. The compliance report shall cover the previous 12 months to that date.
  3. The proponent shall submit the annual compliance report to the Director for the public record.
  4. The proponent shall submit annual compliance reports until all of the conditions in this approval are satisfied.
  5. When all of the conditions of this approval have been satisfied, the proponent shall indicate in the annual compliance report that the report is the final submission.
  6. 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 any associated documentation of compliance monitoring activities.
  7. The proponent shall make the documentation available to the ministry or its designate in a timely manner when requested to do so by the ministry.

6. Complaint protocol

  1. The proponent shall prepare and develop a protocol on how it will deal with and respond to inquiries and complaints received during the construction, operation and closure of the site.
  2. The proponent shall submit the protocol to the Director for placement in the public record within one year of the date of approval.
  3. The Director may require amendments to the complaint protocol.
  4. The protocol, as amended by the Director, must be carried out by the proponent.

7. Involvement of Aboriginal communities

  1. The proponent shall fulfill the commitments made to the Saugeen Ojibway Nation during the approval process, as documented in the exchange of written correspondence between the Saugeen Ojibway Nation and the proponent.
  2. The proponent shall fulfill the commitments made to the Metis during the approval process, as documented in the exchange of written correspondence between the Metis and the proponent.

8. Surface water management plan

  1. The proponent shall consult with the Saugeen Valley Conservation Authority, as a review agency, during the development of the surface water management plan.
  2. The proponent shall provide a draft version of the surface water management plan to the Saugeen Valley Conservation Authority for review prior to finalizing the plan.

9. Archaeological and cultural assessments

  1. The proponent shall complete the archaeological assessment for the stormwater management pond and drainage outlet prior to the start of construction for the undertaking. The proponent shall notify the ministry, Saugeen Ojibway Nation, Metis Nation of Ontario and Historic Saugeen Metis of the results of that assessment. The proponent shall not apply for any permits or approvals for the stormwater management pond or drainage outlet prior to the completion of the archaeological assessment and notification of the ministry and Aboriginal communities/groups of the results. If archaeological or cultural material or human remains are encountered during the assessment, the proponent shall immediately notify the ministry and shall follow the direction of the ministry, to the ministry’s satisfaction.
  2. If archaeological or cultural material is encountered during construction, operation or closure of the undertaking, the proponent shall cease all activity impacting the area of the material and shall notify the Ministry of Tourism and Culture. Previously unknown or unassessed archaeological material is subject to section 48(1) of the Ontario Heritage Act. If encountered, a licensed archaeologist must carry out the necessary archaeological fieldwork, in compliance with section 48(1) of the Ontario Heritage Act.
  3. In the event that human remains are encountered during construction, operation or closure of the undertaking, the police, the coroner’s office and the Registrar of Cemeteries must be notified immediately. The Cemeteries Regulation Unit of the Ministry of Consumer Services may also be contacted. In situations where the remains are associated with archaeological resources, the Ministry of Tourism and Culture shall also be notified to ensure that the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.

Dated the 8th day of March 2011 at Toronto.

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