SOUTHVIEW HYDROVAC INC. - Environmental Compliance Approval (waste)

Kawartha Conservation Comments

Kawartha Conservation expressed concerns regarding potential development activities within the on-site wetland, as well as the proposed stockpiling of processed soils on portions of the property that fall within the flood hazard area, as identified through flood hazard mapping.

MECP Response

According to the site plan, no proposed activities—including the receipt, processing, or storage of materials— will occur within the on-site wetland. The proponent has further confirmed that the processed soil storage area is located outside of the identified flood hazard area, based on consultations with Kawartha Conservation staff. Notwithstanding the above, the Environmental Compliance Approval (ECA) will include a condition requiring the proponent to obtain all necessary approvals from local authorities.

Third-Party Legal Submission

Legal counsel, Cassels Brock & Blackwell LLP, submitted comments on behalf of Liquid Soil Solutions Inc., which owns properties located at 100 and 104 North Port Road, Port Perry, Ontario. These properties are situated approximately 300 metres south of the subject site. The submission requested cancellation of the application on the grounds that:

1. the application is premature due to the absence of appropriate zoning approval;
2. the proposal is inconsistent with the objectives of the Environmental Protection Act (EPA), as it may result in environmental impacts to the PSW and the design brief does not sufficiently demonstrate the absence of negative environmental effects; and
3. the proposal is not in the public interest, alleging that the applicant and its predecessors have used environmental protection measures to disrupt the operations of Liquid Soil Solutions  Inc.

Alternatively, if refusal is not contemplated, it was requested that the Director refer the matter to the Ontario Review Tribunal for a hearing.

MECP Response

Based on a detailed review of the Design and Operations Report, continuing with the processing and approval of the application, subject to regulatory conditions, including the requirement to obtain all applicable approvals from municipal and conservation authorities is deemed a reasonable. There is no technical basis to refuse the application, because:

1. liquid excess soil will be unloaded into an impermeable settling pit having a concrete base and impermeable liner on the exterior side of the settling pit and liquid excess soil will not come into contact with the natural environment.
2. decanted water will be pumped into impermeable above ground steel container for sediment settling and final storage in above ground impermeable steel storage tanks.
3. decanted effluent will be chemically tested and reused only if it meets the applicable regulatory standards Table 2 of Soil, Groundwater and Sediment Standards.
4. Unloading and processing of liquid excess soil, and storage of dry excess soil and decanted effluent are outside the flood hazard area identified by Kawartha Conservation flood elevation of 255.9 masl.
5. processed soils will be tested prior to reuse at off-site reuse sites.
6. The ministry is requiring the proponent to obtain a site-specific s. 53, OWRA for control of contact and noncontact stormwater.