Notice of approval – terms of reference

Proponent: Waste Management of Canada Corporation
Environmental assessment (EA) file number: EA-02-08-03

As provided for by subsection 6(4) of the Environmental Assessment Act, Terms of Reference, as submitted for approval to the Ministry of the Environment on June 11, 2010, to govern the preparation of an environmental assessment for the above-noted undertaking, is hereby approved with the following amendments:

  1. Remove the following bullet from Section 1.3 of the Terms of Reference, directly after the sentence that states "the generic aspects of the EA outlined in subsection 6.1(2) that will not be undertaken in the EA are":
    • Subsection 6.1(2)(b)(i): a description of and statement of the rationale for the undertaking (i.e., the need for the project)
  2. Include a section in the Terms of Reference under Section 3.2 that states:

    Section 3.2.1 - "Do Nothing" Alternative

    The "do nothing" alternative will be included for further consideration in the EA as a benchmark against which the advantages and disadvantages of Alternative #6 will be compared.

    WM will evaluate the potential impacts of Alternative #6 and the 'do nothing' alternative against a full range of natural, social, economic, cultural and technical criteria, generally described in Appendix B of this Terms of Reference. The specific set of environmental criteria and a comparative evaluation methodology will be confirmed in consultation with the public, Aboriginal communities and government reviewers.
  3. Remove the first two sentences of the second paragraph in Section 3.3 that state "Other alternative methods such as the assessment of leachate treatment and liner systems will not be assessed in the EA. This is because WM has pre-determined that leachate will be collected and trucked to the Napanee Water Pollution Control Plant for treatment to MOE standards" and replace them with:

    An assessment of leachate treatment alternatives will be assessed in the EA. Other alternative methods such as the assessment of liner systems will not be assessed in the EA.
  4. Include the following paragraph at the beginning of Section 5.0 of the Terms of Reference:

    As part of the EA, WM will consult with the Ministry of the Environment to develop detailed technical studies so that the proposed site, potential contaminant pathways in the subsurface environment, and all potential environmental impacts of the proposed undertaking are clearly understood. WM will fully evaluate the advantages and disadvantages of the proposed undertaking. WM will build on the work that has been completed for the existing Richmond landfill and demonstrate that the proposed site can be adequately characterized. This will include demonstrating that the proposed undertaking is capable of meeting the requirements under Ontario Regulation 232/98, including developing effective monitoring and contingency plans. The EA will demonstrate whether the undertaking will be consistent with the purpose of the Environmental Assessment Act, in particular the protection, conservation and wise management of the environment.
  5. Include the following bullet in the Terms of Reference under Section 5.0, directly after the sentence that states "The assessment and evaluation of alternatives will consist of the following steps":
    • Identify and describe alternative leachate treatment alternatives
  6. Include the following paragraphs in Appendix C of the Terms of Reference under Section 3.1 Phase 1 - Characterize Existing Environment and Predict Effects of Proposed Alternatives:

    WM will undertake EA studies to adequately describe baseline conditions and demonstrate that it can clearly understand the proposed site and potential environmental impacts of the proposed undertaking.

    The project team will consult with the Ministry of the Environment, other appropriate government reviewers, members of the public and Aboriginal communities during Phase 1 of the EA studies regarding the nature and scope of the proposed EA studies, including early consultation on the development of the Geology and Hydrogeology Work Plan, summarized in Section 6.0. This early consultation will provide an opportunity for WM to receive input from regulators and interested parties on how potential impacts may be identified, which will inform the development of measures to mitigate potential environmental impacts.

    Pursuant to subsection 6.1(1) of the Environmental Assessment Act and environmental assessment for the above-noted undertaking, submitted to the Ministry of the Environment pursuant to subsection 6.2(1) of the Environmental Assessment Act, must be prepared in accordance with the amended Terms of Reference as hereby approved.

Reasons

I am satisfied that an environmental assessment prepared in accordance with the Terms of Reference, as amended, will be consistent with the purpose of the Environmental Assessment Act and the public interest for the following reasons:

  1. The Terms of Reference, as amended provides a framework that should ensure that the environmental assessment will be completed using a comprehensive public, Aboriginal, and government consultation process that is open and transparent
  2. The Terms of Reference, as amended provides sufficient direction to ensure that the environmental assessment will provide an adequate level of detail to accurately assess the environmental effects, advantages and disadvantages of the undertaking
  3. The Terms of Reference, as amended sets out a planning process that will ensure that the environmental assessment will be consistent with the purpose of the Environmental Assessment Act and the public interest
  4. The requirement to consult during Phase 1 of the environmental assessment studies will ensure that the Ministry is actively engaged during the planning of technical studies, to provide input to Waste Management on the level of study that is appropriate to clearly understand the site. This will also provide the public, Aboriginal communities and government reviewers an early opportunity to provide input Into the design of the environmental assessment studies
  5. The requirements to bring forward the 'do nothing' alternative for further consideration and include a description of and statement of the rationale for the undertaking in the environmental assessment will ensure that a balanced approach is taken to weigh any economic benefits of the project against potential impacts to the natural environment and human health. This will require an analysis of the advantages and disadvantages of the project against a broad range of environmental criteria in considering the rationale for the project
  6. The requirement to assess a reasonable range of leachate treatment alternatives in the environmental assessment will provide flexibility in the selection of a preferred method that will be environmentally and technically feasible
  7. There are no outstanding issues that have not been adequately addressed in the Terms of Reference or that cannot be addressed during the preparation of the environmental assessment

Dated the 16th day of February 2012 at Toronto.

Original signed by
Minister of the Environment
77 Wellesley Street West, 11th floor, Ferguson Block
Toronto, Ontario
M7A 2T5