Declaration order

Modification to Exemption Order (ALIC-TP-1) Township of Alice and Fraser landfill site

Having received a request from The Corporation of The Township of Alice and Fraser (the Township) on behalf of itself and the other members of the Alice and Fraser Area Sanitation Management Board, that an undertaking, namely,

the continued use of the Township of Alice and Fraser Landfill Site, until the contours currently approved under the Environmental Protection Act have been reached and the closure of the site when or before such contours have been reached be declared not subject to section 5 of the Environmental Assessment Act pursuant to section 3.2 of the Act; and

Having been advised by the Township of Alice and Fraser that if the undertaking is subject to the application of the Act, the following injury, damage or interference with the persons and property indicated will occur:

  1. Condition 3 of Exemption Order ALIC-TP-1 (Ontario Regulation 74/93), requires that no waste be deposited at the Alice and Fraser Landfill Site after December 20, 1999. As a result of waste diversion efforts, the rate of waste deposited at the landfill has been at a much slower rate than projected in 1994. The site, therefore, will not reach the approved final contours by December 20, 1999.
  2. The Township and other members of the Alice and Fraser Sanitation Management Board will be subject to delay and considerable expense if the Township is required to prepare an environmental assessment for the undertaking.
  3. The members of the Alice and Fraser Area Sanitation Management Board and their residents will be without affordable and secure access to a municipal solid waste disposal facility as of December 20, 1999.

Having weighed such injury, damage, or interference against the betterment of the people of the whole or any part of Ontario by the protection, conservation and wise management in Ontario of the environment which would result from the undertaking being subject to the application of the Act;

The undersigned is of the opinion that it is in the public interest to declare and declares that the undertaking is not subject to the application of section 5 of the Act for the following reasons:

  1. The environmentally sound operation of the site will be required under the Provisional Certificate of Approval under the Environmental Protection Act.
  2. The Pembroke and Area Waste Management Board, which had been preparing an environmental assessment for long term waste management facilities in the area failed to achieve agreement.
  3. The Alice and Fraser Area Sanitation Management Board is supporting the Township’s initiative to undertake an environmental assessment for the development of a long term waste management system which contemplates the continued use of an expanded Alice and Fraser Landfill Site. A Terms of Reference was submitted to the Ministry of the Environment in January 1999. The Township anticipates that an environmental assessment will be submitted in the year 2000.
  4. The proposal to issue this Declaration Order was placed on the Environmental Bill of Rights Registry. No comments were received.
  5. The conditions in Exemption Order ALIC-TP-1 other than condition 3 are continued by this Declaration Order.

This Declaration Order is subject to the following conditions:

  1. Where any activity which otherwise would be declared not subject under this Order is being carried out as or is part of an undertaking for which an approval to proceed has been received, the activity shall be carried out in accordance with any conditions in the approval to proceed as well as the conditions of this Order.
  2. Where any activity which is the subject of this Order is being carried out as or is part of another undertaking which is the subject of a Declaration Order or Exemption Order (other than Exemption Order ALIC-TP-1) under the Act, the activity exempt under this Declaration Order shall be carried out in accordance with any conditions in the other Declaration Order or Exemption Order as well as the conditions in this Order.
  3. No waste shall be disposed of by the municipalities at the Alice and Fraser Landfill Site pursuant to this order after the horizontal and vertical limits approved under Certificate of Approval A411601 dated December 20, 1994 have been reached.
  4. The Township shall file an annual report to the Director, Eastern Region, Ministry of the Environment, outlining the Township’s progress in implementing the long-term waste management system; a copy of the reports shall also be given to the Director, Environmental Assessment and Approvals Branch, Ministry of the Environment. The Proponent may cease filing such reports after the site has been closed to the Regional Director’s satisfaction and the Director has advised the Township in writing that further reports are not required pursuant to this condition.
  5. This Declaration Order replaces the exemption contained in Ontario Regulation 74/93 which is hereby revoked.

Original signed by:
Minister of the Environment

Approved by O.C. number: 1322/99
Environmental assessment file number: MU-0831(04)