Environmental Assessment Act R.S.O. 1990, Subsection 7(1)

This Review is subject to the provisions of Ontario Regulation 616/98 which sets out a deadline for the completion of this document. The deadline for the completion of the Ministry Review was January 29, 2010. This paragraph and the giving of the Notice of Completion are the notices required by subsection 7(3) of the Environmental Assessment Act.

The Ministry Review documents the Ministry’s evaluation of the Environmental Assessment and takes the comments of the government agencies, the public and Aboriginal communities into consideration.

Executive summary

Who

Corporation of the Town of Moosonee

What

Ministry Review of an Environmental Assessment (EA) for the proposed undertaking which includes:

  • additional landfill capacity proposed for this expansion is approximately 363,000 cubic metres (m3)
  • continued landfilling over top of the existing Moosonee Landfill, building the site vertically by landfilling on top of historic waste deposits
  • additional 40 year lifespan for the site
  • a service area expansion to include existing users of the Moose Factory Island Landfill

When

EA submitted: October 30, 2009
EA comment period: October 30, 2009 to December 18, 2009
Ministry review comment period: February 19, 2010 to March 26, 2010

Where

The site is located on Lots 3, 4 & 5, Concession 10 and parts of Lots 4 & 5, Concession 9, Township of Horden, District of Cochrane. The landfill is located about 4 kilometres (km) southwest of the Town of Moosonee.

Why

The Moosonee Landfill is currently over capacity and operates under an amended Certificate of Approval. The Moose Factory Island Landfill is nearing the end of its design life. The proponent would like to secure an expansion to the Moosonee Landfill to be able to provide long-term waste disposal for both communities.

Conclusions

The Ministry of the Environment’s review of the EA concluded that it was prepared in accordance with the approved Terms of Reference and contained sufficient information to assess the environmental effects of the proposed undertaking.

Environmental assessment process

Environmental Assessment (EA) is a proponent driven planning process designed to incorporate the consideration of the environment into decision-making by assessing the effects of an undertaking on the environment. In Ontario, the Environmental Assessment Act (EAA) sets out the general contents for the preparation of an EA, as well as the ministry’s evaluation process. For those proponents and undertakings subject the EAA, approval under the EAA is required before the undertaking can proceed.

Proponents address a wide range of potential effects on the natural, social, cultural and economic environments to ensure the protection, conservation and wise management of the environment. An EA determines, on the basis of the environmental effects, if an undertaking should proceed, and if so, how environmental effects can be managed.

EAs may identify a problem or opportunity, consider alternative ways of addressing the problem or opportunity, evaluate the environmental effects of the alternatives and select a preferred undertaking from the alternatives. The proponent must consider actions to avoid, reduce and mitigate potential environmental effects. In preparing the EA, the proponent completes various studies and consults with interested stakeholders including government agencies, the public and affected Aboriginal communities to evaluate the alternatives and determine the preferred undertaking. Once the undertaking is approved, the proponent is required to monitor to demonstrate compliance with standards, regulations and the EAA approval.

1.1 Terms of reference

Preparing an EA is a two-step application to the Minister of the Environment (Minister). The first step requires the proponent to prepare and submit a Terms of Reference (ToR) to the Ministry of the Environment (ministry) for review and approval. The ToR is the work plan or framework for how the EA will be prepared.

On July 9, 2001, the Minister approved the Corporation of the Town of Moosonee’s (Moosonee) ToR. The ToR set out how Moosonee would assess alternative methods, evaluate environmental effects and consult with the public during the preparation of the EA. The ToR established the purpose of the undertaking and the preferred alternative to the undertaking. The ToR also outlined a consultation plan for the EA process.

1.2 Environmental assessment

Once the ToR is approved by the Minister, the proponent can proceed to the second step of the EA process and carry out the EA. The EA must be prepared in accordance with the approved ToR and the requirements of the EAA. Once the proponent has carried out the EA, including consultation, the EA is submitted to the ministry for review and approval.

On October 30, 2009, Moosonee submitted the Moosonee Landfill Expansion EA to the ministry for approval for the proposed landfill expansion. The EA was made available for inspection by interested persons for a seven-week period between October 30, 2009 and December 18, 2009.

1.3 Ministry review

The EA was circulated for review to a Government Review Team (GRT). The GRT, including federal, provincial and local agencies, reviewed the EA to ensure that the information and conclusions of the EA were valid, based on their agencies’ mandates. The public and Aboriginal communities also had an opportunity to review the EA and submit their comments to the ministry. All comments received by the ministry are considered by the Minister before a decision is made about the EA undertaking.

The EAA, known simply as the ministry Review (Review). The Review is the ministry’s evaluation of the EA. The purpose of the Review is to determine if the EA has been prepared in accordance with the approved ToR and therefore meets the requirements of the EAA and whether the evaluation in the EA is sufficient to allow the Minister to make a decision about the proposed undertaking.

The Review outlines whether the information contained in the EA supports the recommendations and conclusions for the selection of the proposed undertaking. Ministry staff, with input from the GRT, evaluated the technical merits of the proposed undertaking, including the anticipated environmental effects and the proposed mitigation measures. The Review also provides an overview and analysis of the public, agency and Aboriginal community comments on the EA and the proposed undertaking.

The Minister of the Environment considers the conclusion of the Review when making a decision; the Review itself is not the EA decision making mechanism. The Minister’s decision will be made following the end of the five-week Review comment period. The Minister’s decision is subject to the approval of the Lieutenant Governor in Council.

The Review comment period allows the GRT, the public and Aboriginal communities to see how their concerns with the EA and the proposed undertaking have been considered. During the Review comment period, anyone can submit comments on the EA, the undertaking and the Review. In addition, anyone can request that the Minister refer the EA, or any matter relating to the EA, to the Environmental Review Tribunal for a hearing if they believe that there are significant outstanding environmental effects that the EA has not addressed. Requests for a hearing can only be made during this comment period. The Minister will consider all requests and determine if a hearing is necessary.

A Notice of Completion of the Review will be published in English in The northrn Voice, and in French in L’Ours Noir indicating that this Review has been completed and is available for a five-week comment period from February 19, 2010 to March 26, 2010. Copies of the Review will be placed in the same public record locations where the EA was available, and copies will be distributed to the GRT members and potentially interested Aboriginal communities.

The proposed undertaking

Moosonee is seeking EAA approval for the proposed expansion of the total waste disposal capacity, and the service area of the existing Moosonee landfill (Figure 1), 4 kilometres (km) southwest outside the Town of Moosonee. The existing landfill is over capacity and has approximately 100,000 cubic metres (m3) of waste and cover. The existing landfill is operating under an amended Certificate of Approval which expires on June 1, 2011. The amended Certificate of Approval enables Moosonee to continue landfilling at the existing site while proceeding with the EA for the expansion of the landfill. The proposed expansion provides approximately 363,000 m3 of additional landfill capacity to extend the lifespan of the landfill by 40 years. The existing landfill has been in operation since December 1980, and leachate has been treated through natural attenuation. The proposed undertaking is to continue landfilling over top of the existing Moosonee landfill, building the site vertically by landfilling on top of historic waste deposits.

The current Moosonee landfill accepts domestic and commercial waste from the Town of Moosonee. As the Moose Factory Island landfill is nearing its design capacity, the proposed undertaking includes the expansion of the service area to include the existing users of the Moose Factory Island landfill. Moose Factory Island is situated in the Moose River and across the river from Moosonee.

The proposed landfill expansion design is a natural attenuation site. A natural attenuation landfill site relies on a natural process, ensured through monitoring and testing, to reduce the concentration of potential contaminants in soil or groundwater emanating from the landfill without human intervention. Moosonee’s natural attenuation proposal is accomplished by means of an on-site natural organic peaty soil buffer zone.

As part of Moosonee’s monitoring program for the existing landfill, hydrogeological studies were carried out at the site and adjacent properties in 1999, 2001 and 2002. Groundwater flow was found to be directed from the landfill towards an unnamed creek. The unnamed creek flows in a south easterly direction, paralleling the site entrance road and discharges into Maidman’s Creek. The groundwater monitoring indicated no exceedences of any health-related water quality parameters. Monitoring of the water quality in the unnamed creek, which passes along the eastern side of the existing landfill site, indicated only minor impacts due to the presence of the landfill site and showed no exceedences of the Provincial Water Quality Objectives. In its response to comments received by the GRT, Moosonee commits to developing a detailed monitoring program to determine the impact of historical and future landfill operations on the water quality of the adjacent unnamed creek and Maidman’s Creek.

In addition to landfill expansion, Moosonee will encourage the current practice of stockpiling soils from remediation and construction sites as these can serve to augment either interim or final cover material. Composting opportunities were investigated at a conceptual level. The main composting activity focused on the removal of wood debris and slash materials from the waste area, which would be chipped and blended with segregated soils for use as interim or final cover on the landfill cells.

If EAA approval is granted, the landfill expansion will be completed in accordance with the terms and provisions outlined in the EA, and any proposed conditions of approval. In addition, Moosonee must still obtain all other legislative approvals it may require for the undertaking.

Figure 1: Moosonee Landfill Expansion EA

Please contact EAASIBGen@ontario.ca for a copy of this figure.

Results of the ministry review

The Review provides the analysis of the EA. The Review is not intended to summarize the EA, nor present the information found in the EA. For information on the decision making process, refer to the EA itself. The EA and supporting documentation outlines the EA planning process and demonstrates how the proponent has selected the preferred undertaking and made the final decision.

3.1 Conformance with ToR and EAA

3.1.1 Ministry analysis

The ministry coordinated an analysis of the EA with the Government Review Team (GRT) that, in part, looked at whether the requirements of the ToR have been met. The ministry concludes that the EA followed the framework set out in the approved ToR, addressed the commitments made in the approved ToR, and demonstrated how the required components of the EAA have been met.

Appendix A summarizes this analysis and identifies how the ToR requirements have been addressed in the EA.

3.1.2 Consultation

One of the key requirements of the EAA is pre-submission consultation completed during the preparation of the EA. This consultation is the responsibility of the proponent and must be completed prior to the submission of the EA and in accordance with the consultation plan outlined in the ToR. The plan outlined by Moosonee in its EA included open houses, and public meetings, as well as consultation with GRT members.

The ministry is satisfied with the level of consultation that occurred during the preparation of this EA and felt that it was appropriate for the proposed undertaking. The EA clearly documents the consultation methods utilized by Moosonee to engage the GRT, the general public, stakeholders, and Aboriginal communities in the EA process.

Once the EA is submitted to the ministry, additional ministry driven consultation occurs during the EA comment period. The GRT, the public and affected Aboriginal communities are provided with the opportunity to review the EA and to submit comments to the ministry on whether the requirements of the ToR had been met, on the EA itself and on the proposed undertaking. All comments received by the ministry during the EA comment period were forwarded to Moosonee for a response. Summaries of the all comments received along with Moosonee’s responses are included in Tables 1–3. Copies of the submissions are also available in Appendix B.

Government Review Team

Consultation with the GRT was conducted throughout the EA process. GRT members from various agencies were asked to provide input on the Draft EA. Comments received were incorporated into the October 2009 EA.

Members of the GRT were provided copies of the October 2009 EA for their review during the seven-week comment period. All comments received were forwarded by the ministry to Moosonee for a response. A summary of the comment’s received and Moosonee’s responses can be found in Table 1.

Public consultation

Public consultation played an important role in the process for this EA. Efforts were made to provide information to the communities of Moosonee and Moose Factory Island and keep the public informed, provide opportunity for people to obtain additional information and/or have their questions addressed, and provide opportunity for discussion of issues and exchange of information with the proponent. The consultation program for this EA included:

  • Open houses
  • Public meetings
  • Newspaper notices/advertisements
  • Design concept briefs
  • Flyers distributed to local houses around the Moose Cree First Nation and the Town of Moosonee

The public was also given the opportunity to review and comment on the October 2009 EA once it was submitted to the ministry. No comments were received from the public during the seven-week comment period.

Aboriginal community consultation

In addition to the requirement in the EAA that interested persons be consulted, consultation with potentially affected Aboriginal communities is also required during the pre-submission period. Aboriginal communities may have special land and treaty rights that need to be considered.

Throughout all stages of the EA process, the most proximate Aboriginal community, the Moose Cree First Nation, has received notices and information regarding the status of the project and has received hard and digital copies of the EA. They have been invited to provide input and comments during the EA process.

A number of other Aboriginal communities were identified and contacted during the EA process. The Ministry of Aboriginal Affairs (MAA) formerly the Ontario Secretariat for Aboriginal Affairs (OSAA) recommended that the Nishnawbe-Aski Nation be contacted and no response was received from this organisation. The October 2009 EA and supporting documentation was also provided by Moosonee to the Taykwa Tagamou Nation, Kashechewan First Nation, Fort Albany First Nation, Timmins Métis Council, the northrn Lights Métis Council, and the MoCreebec Council of the Cree Nation. The ministry followed up with the Aboriginal communities, and no comments have been received from any of these communities and councils.

3.1.3 Conclusion

The EAA requires a proponent to consult interested persons during the preparation of the EA and report on the results of those consultations. The ministry is satisfied that Moosonee appropriately followed the consultation plan outlined in the approved ToR. Overall, the ministry believes that Moosonee provided sufficient opportunities for the public, government agencies, and Aboriginal communities to be consulted during the preparation of the EA. The EA clearly documents the consultation methods utilized by Moosonee to engage the GRT, the general public and Aboriginal communities during the EA process. The EA clearly sets out the issues and concerns raised and how they were addressed or will be addressed in the future.

3.2 EA process

EA is a planning process that requires the proponent to identify an existing problem or opportunity, consider alternative ways of addressing the problem or opportunity, evaluate the potential environmental effects of the alternatives and select a preferred alternative.

The Moosonee landfill is currently over capacity. In addition, the nearby Moose Factory Island landfill is nearing its design capacity. Therefore, Moosonee initiated this planning process to secure a long-term solution for both communities’ waste disposal needs.

Moosonee outlined its decision making process in the EA. The EA is focused on the expansion of the existing landfill and therefore, alternatives to landfilling were not considered. The EA provides an evaluation of a reasonable range of alternative methods of landfilling to address the problem and opportunity of providing for future waste disposal for the two communities.

The approved ToR required Moosonee to consider the following alternative methods:

  • Alternative 1—Existing: The continuation of landfilling over the existing Moosonee landfill, building the site vertically by landfilling on top of the existing waste deposits
  • Alternative 2—north: The expansion of the existing landfill on municipal owned lands to the north of the existing site
  • Alternative 3—West: The expansion of the existing landfill on Crown owned lands to the west of the existing site

Moosonee evaluated the alternative methods based on criteria originally identified in the approved ToR. An ordinal ranking system was used to select the preferred alternative method. The overall score was based on the combined ranking of the five subcategories of the environment (natural environment, social environment, cultural environment, economic environment, and infrastructure environment) that were assessed in the EA process. The natural environment criterion contained five subcategories for evaluation: groundwater, surface water, air, fisheries and wildlife. Section 3.0 of the EA provides an overview of the evaluation of the alternative methods. Of the three alternative methods evaluated, “Alternative 1—Existing” was selected to be the preferred method.

Measures to manage potential environmental effects are described in the EA, as well as the means by which to determine the effectiveness of the mitigation measures and ensure potential negative environmental effects are minimized. The ministry and the GRT are generally satisfied with the proposed mitigation measures and proposed monitoring program; however, additional details and work will be required as part of the Environmental Protection Act (EPA) and the Ontario Water Resources Act (OWRA) approvals processes, should the Minister and Cabinet approve the undertaking.

3.2.1 Conclusion

Overall, the ministry, in consultation with the GRT, is satisfied with the proponent’s decision making process.

The EA contains an explanation of the problems and opportunities that prompted the study. Moosonee considered a reasonable range of alternatives methods to the undertaking and evaluated them in the study area using criteria that considered the EAA’s broad definition of the environment (e.g. including natural, socio-economic, cultural, and infrastructure). The EA provides a description of the affected environment in the study area and identifies the elements of the environment that may be affected, either directly or indirectly, by the alternatives.

The EA further describes the advantages and disadvantages of the proposed undertaking based on those potential environmental effects.

3.3 Proposed undertaking

The proposed undertaking is described in section 3 of the EA (see also section 2 of this Review) and was evaluated based on the advantages and disadvantages to the environment. A broad definition of the environment was used to evaluate the potential effects of the proposed undertaking.

The proposed undertaking is the expansion of the total waste disposal capacity, and the service area of the existing Moosonee landfill. The landfill is located on Lots 3, 4 & 5, Concession 10 and parts of Lots 4 & 5, Concession 9, Township of Horden, District of Cochrane. The landfill is located about 4 km southwest of the Town of Moosonee set back approximately 1400 m from the northwest bank of the Moose River.

The proposed expansion provides approximately 363,000 m3 of additional landfill capacity to expand the lifespan of the landfill by approximately 40 years. The proposed undertaking is to continue landfilling over top of the existing Moosonee landfill, building the site vertically by landfilling on top of historic waste deposits. The proposed service area expansion would add the users of the Moose Factory Island landfill (i.e. the Moose Cree First Nation, Local Services Board, the Moose Cree First Nation Education Board and the Hospital/Federal Compound).

While the procedural and legislative requirements of the approved ToR and EAA have been met, issues were raised during consultation with the GRT that need to be addressed before a decision about the undertaking can be made. A copy of each comment received is contained in Appendix B. Also, a summary of all comments, including Moosonee’s responses and the ministry’s level of satisfaction with those responses, can be found in Table 1.

The ministry is satisfied that all issues raised have been addressed or will be addressed by the commitments made by Moosonee and through additional work that will be completed in support of future approvals processes.

3.3.1 Key issues

Key issues regarding the EA process completed by Moosonee for the Moosonee Landfill Expansion EA were gathered during the pre-submission consultation and the EA review comment period. A number of issues were raised by the GRT. These submissions can be found in Appendix B. All comments, including Moosonee’s responses and the ministry’s level of satisfaction can be found in Tables 1–3. A summary of the key issue regarding surface water and groundwater raised by the ministry technical reviewers is summarized below.

Surface water and groundwater

The ministry’s Surface Water Specialist and Hydrogeologist in the Technical Support Section for the northrn Region determined that the information provided by Moosonee was insufficient. In particular, the information provided was insufficient to determine surface water baseline conditions able to:

  • characterize the water quality and hydrology of the unnamed creek and Maidman’s Creek
  • determine impact of historical and current landfill operations on the water quality of the unnamed creek and Maidman’s Creek

It has been recommended by the ministry’s technical reviewers that Moosonee commit to the following:

  • a monitoring program to be developed as part of the Certificate of Approval process which includes sampling to occur therice yearly for three years following approval
  • a contingency plan to be developed to include trigger values for remedial action should local groundwater and surface water become impacted
  • suction lysimeters to be used to sample shallow groundwater flow off of the site

Moosonee has committed to address these issues as part of its Certificate of Approval process for the site. Moosonee’s full response to the above comments is included in Table 1. The ministry is satisfied with this response.

3.3.2 Conclusion

Moosonee has provided responses to all comments received, including those not summarized above.

The ministy is satisfied that:

  • the provisions of the EA
  • the commitments made by Moosonee in the EA and in the responses to comments received during the comment period
  • any proposed conditions of approval
  • the commitment by Moosonee to complete additional work in support of future approvals applications

will ensure that:

  • technical concerns raised by the GRT during the agency and public comment period will be addressed by the proponent
  • the landfill will be designed and operated to comply with the ministry’s standards
  • environmental effects can be managed

Summary of the ministry review

This Review concludes that the EA complies with the requirements of the approved ToR and has been prepared in accordance with the EAA.

The EA has provided sufficient information to enable a decision to be made about the application to proceed with the undertaking.

Concerns raised by the GRT regarding technical issues have either been addressed by Moosonee or a commitment has been made by Moosonee to address them through additional work that will be completed as part of future approval processes.

The Review has explained Moosonee’s analysis of the Moosonee Landfill Expansion EA. Alternative methods were assessed and evaluated to arrive at the preferred undertaking. The EA has assessed the potential environmental effects of the alternative methods and proposed undertaking. The ministry is satisfied that Moosonee provided sufficient time and opportunities for the GRT, public, stakeholders, and Aboriginal communities to comment on the October 2009 EA.

What happens now

The Review will be made available for a five-week comment period. During this time, all interested parties, including the public, the GRT and Aboriginal communities can submit comments to the ministry about the proposed undertaking, the EA and/or the Ministry Review. At this time, anyone can request that the Minister refer either all or part of the EA to the Environmental Review Tribunal for a hearing if they believe that their concerns have not been addressed.

At the end of the Review comment period, ministry staff will make a recommendation to the Minister concerning whether the EA has been prepared in accordance with the ToR and the requirements of the EAA and whether the proposed undertaking should be approved. When making a decision, the Minister will consider the purpose of the EAA, the ToR, the EA, the Review, the comments submitted during the EA and the Review comment periods and any other matters the Minister may consider relevant.

The Minister will make one of the following decisions:

  • give approval to proceed with the undertaking
  • give approval to proceed with the undertaking subject to conditions
  • refuse to give approval to proceed with the undertaking

Prior to making that decision, the Minister may also refer either part of or the entire EA to mediation or refer either part of or the entire EA to the Environmental Review Tribunal for a decision.

The Minister’s decision to approve, approve with conditions or refuse to give approval to proceed with the undertaking is subject to the approval of the Lieutenant Governor in Council.

5.1 Additional approvals required

If EAA approval is granted, Moosonee will still require other legislative approvals to design, construct and operate this undertaking. Section 4.0 of the EA outlines additional approvals that may be required. These approvals include:

  • Environmental Protection Act (EPA) approval
  • Ontario Water Resources Act (OWRA) approval

EPA and OWRA approvals cannot be issued until approval under the EAA is granted. Furthermore, EAA approval does not imply that other approvals will be granted.

Public record locations

The public record for this environmental assessment can be reviewed during normal business hours at the following ministry office:

Ministry of the Environment
Environmental Assessment and Approvals Branch
2 St. Clair Avenue West, floor 12A
Toronto, Ontario

The Review and Notice of Completion are also available at the following locations:

Ministry of the Environment, Environmental Assessment & Approvals Branch
2 St. Clair Avenue West, floor 12A
Toronto, Ontario
M4V 1L5

Ministry of the Environment, Timmins District Office
Ontario Government Complex
Highway 101 East, P.O. bag 3080
south Porcupine, Ontario
P0N 1H0

The Corporation of the Town of Moosonee
5 First Street, P.O. Box 127
Moosonee, Ontario
P0L 1Y0

Moose Cree First Nation
P.O. Box 190
Moose Factory, Ontario
P0L 1W0

Making a submission

A five-week public review period ending March 26, 2010 will follow publication of this Review. During this time, any interested parties can make submissions about the proposed undertaking, the environmental assessment or this Review. Should you wish to make a submission, please send it to:

Agathea Garcia-Wright, Director
Ministry of the Environment
Environmental Assessment and Approvals Branch
2 St. Clair Avenue West, floor 12A
Toronto, Ontario
M4V 1L5

  • Fax: 416-314-8452

Re: Moosonee Landfill Expansion Environmental Assessment
Attention: Ms. Michelle Fromme-Marcellin, Project Officer

Under the Freedom of Information and Protection of Privacy Act and the Environmental Assessment Act, unless otherwise stated in the submission, any personal information such as name, address, telephone number and property location included in all submissions become part of the public record files for this matter and can be released if requested.

Appendix A: Environmental Assessment Act and terms of reference requirements of the environmental assessment

Please contact EAASIBGen@ontario.ca for a copy of Appendix A.

Appendix B: Submissions received during initial comment period

Please contact EAASIBGen@ontario.ca for a copy of Appendix B.