February 9, 2004

EBR Registry (February 09, 2004)

DECISIONS

PTTW applications denied

The Ontario Ministry of Environment (MOE) has denied two new applications for new permits to take water (PTTWs), along with a renewal application, in accordance with provincial regulation 434/03 establishing a one-year moratorium on new PTTWs. Pine Springs Water, of Brighton, and Granite Springs Water, operating in Hastings County, sought new PTTWs for the purpose of commercial water bottling, one of the applications to which the moratorium applies. 1340152 Ontario, in Grafton, sought a renewal of its PTTW in order to supply CJC Bottling, also in Grafton; the application, however, specified a significant increase in the amount of water to be taken, exceeding the maximum allowed by the moratorium regulation (Registry reference Nos IA01E1742, IA03E0911 and IA01E1023).

Golf club PTTWs approved

Applications for PTTWs by local golf and country clubs in Kingsville and Tillsonburg, Ont have been approved by the MOE. These permits will allow water taking for the purpose of irrigating greens, tees, fairways and gardens-uses not prohibited under the moratorium regulation. The Kingsville Golf and Country Club permit has been assigned a new number, as the amendment request specifies 10% more water; the proponent is also installing a pump station and forcemain for irrigation using treated wastewater from the Kingsville sewage treatment plant (Registry reference Nos IA03E1646 and IA03E1773).

MOE denies tire disposal site application

The MOE has denied a certificate of approval (C of A) application by 6103383 Canada for a waste disposal site in Ottawa, to be used for processing of clean used tires. The application called for the processing of approximately 5,000 used tires per day on the 1.69-hectare site, sorting and shredding to produce rubber crumb and granulate. The application generated a substantial public response, with 14 comments received expressing concerns relating to the proximity of the site to residential properties, the fire hazard associated with the storage of large volumes of tires (up to 50,000 or 600 tonnes). Also of concern was misrepresentation by the applicant about how long the company has been operating at the site. The MOE discussed the application with both the Ottawa fire department and the Ontario Fire Marshal's Office and determined that the site and the proposal as submitted were in non-compliance with the Ontario Fire Code. The company has been directed to resolve the non-compliance issues before re-applying for a C of A. (Registry reference No IA03E1776)

Tribunal partially revokes order

In a final decision on an applicant appeal, the Environmental Review Tribunal (ERT) has partially revoked a director's order issued to Jane Miller Montague in 2002 for the cleanup of a property in Brant County, the former site of the RE Lee Paint Company. Requirements that she provide access to the property and register a prohibition on title to the property have been upheld, however. The ERT has also revoked the order against co-appellant Donald Lee, former president of the company, having found that he was not an owner nor did he have charge, management or control over the company or the property at the time of a 1978 fire which destroyed the facility. The Tribunal found that Montague exercised the "due diligence of the day" when she bought the property in 1986 (unaware that barrels of chemicals were buried on the site). Its decision further noted that the MOE should not have approved her application to rezone the property from industrial to residential if it had concerns about the quality of the site cleanup. While the likelihood of contamination of surrounding properties is very low, the ERT has ruled that a cleanup of the site is required and must be completed, at a future date to be determined by the director. The Tribunal has held Lee Paint (the registered property owner at the time of the fire) partly responsible for the cleanup (Registry reference No IA02E0598).

Emergency approval for transfer stations

The Ministry of Environment has granted two emergency approvals to waste transfer stations operated by Waste Management of Canada (WMC), allowing these facilities to accept excess waste from Peel Region which cannot be handled at Toronto's Disco transfer station. A backlog of waste arose at the Disco station in January when the private hauler contracted to transport the waste from Toronto to Michigan notified the city that there were fewer trailers available because waste had frozen inside some of the trailers and could not be unloaded at the Michigan landfill. Peel Region and WMC requested emergency approval of the contingency plan under which up to 500 tonnes per day of waste would be redirected from the Disco station to WMC's transfer stations in Mississauga and Brampton. The MOE's approval of the plan includes amendments specifying the temporary rate, capacity and the addition of residential garbage to the types of waste allowed at these facilities. The region and the company have since requested an extension of the temporary emergency approval to March 23, 2004 due to the continuing backlog of waste at the Disco station; the extension has been approved as well (Registry reference No IA04E0135).

PROPOSALS

Third phase of sediment dredging

Dow Chemical Canada has applied for approval of the third phase of a three-stage project to dredge sediments from the St Clair River by mechanical and hydraulic means. The proposed amendment to the existing certificate of approval for the dredging activity covers the nearshore area extending from Dow Second Street to north of First Street. The sediment slurry is to be pumped to a shore-based treatment system consisting of settling, filtration and carbon adsorption. Treated water will be monitored and discharged to the river through Dow's Fourth Street sewer. Comments will be received until February 27, 2004. (Registry reference No IA04E0139)

Transfer site for petroleum-based liquids

Comco Petroleum Management is seeking approval of a 1.8-hectare site in Barrie to be used as a waste transfer site for waste petroleum liquids and petroleum-contaminated water. The maximum rate would be 1,000 litres per day of registered waste, with maximum storage of 19,000 litres at any given time. The facility will serve Simcoe, Dufferin and Grey counties and the district of Muskoka and Parry Sound. Comments will be received until February 29, 2004. (Registry reference No IA04E0152)

Amendment would add MSW, tires

Turtle Island Recycling has applied for an amendment to the certificate of approval for its downtown Toronto site allowing the addition of municipal solid waste (MSW) and scrap tires (less than 5,000) to the waste stream received at the site. The site currently receives up to 199 tonnes per day of non-hazardous solid industrial, commercial and institutional waste, solid non-hazardous pharmaceutical waste and liquid non-hazardous pharmaceutical waste. Comments will be received until February 20, 2004. (Registry reference No IA04E0097)

Greenbelt Protection Act

The comment period for the proposed Greenbelt Protection Act, 2003 (Bill 27) has been extended from 30 to 90 days, ending March 23, 2004. The notice, originally posted on the Registry December 24, 2003, has been re-posted to reflect the new comment period. (Registry reference No AF03E0002)

Safe Water Program MOU, protocols

The Ministry of Health and Long-Term Care (MOHLTC) has posted for comment a draft memorandum of understanding (MOU) developed with the Ministry of Environment (MOE) concerning a Safe Water Program under the provincial Mandatory Health Programs and Services guidelines. The MOU is intended to address a number of recommendations made in the report on the Walkerton inquiry and will clarify the respective roles of MOHLTC and MOE staff with regard to regulated and unregulated drinking water systems. (Registry reference No PG04E0003)

Accompanying the draft MOU is a proposed Protocol Respecting the Safe Water Program, which will clarify the roles and responsibilities of the MOE and of boards of health with regard to notifications and indicators of adverse drinking water quality. (Registry reference No PG04E0001)

The MOHLTC has posted the following related proposals for comment as well.

The Protocol Respecting Drinking Water Sampling is intended to establish standard operating procedures and uniformity for health unit staff working under the direction of the medical officer of health. (Registry reference No PG04E0004)

The Protocol for the Issuance of A Boil Water or a Drinking Water Advisory outlines the circumstances under which such advisories would be issued by a medical officer of health and would ensure prompt notification of the public. (Registry reference No PG04E0005)

The Drinking Water Haulage Guidelines (Safe Water Program) prescribes the requirements for the operation of drinking water haulage vehicles to ensure that they meet the microbiological standards set out in Regulation 169/03, the Ontario Drinking Water Quality Standards. This will provide consistency of application of the guideline and will ensure that drinking water from such vehicles is safe for consumption. (Registry reference No PG04E0006)

Comments concerning all of these proposals will be received until February 27, 2004.

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