Please be advised that the…

Please be advised that the Canadian Environmental Law Association (CELA) represents Keep Napanee Great (KNG) in relation to this proposed ECA.

For the reasons outlined in the attached letter dated August 19, 2022, our client is strongly opposed to the issuance of the proposed ECA for the hot mix asphalt (HMA) plant in the Town of Greater Napanee.

In summary, it is our opinion that the ECA documentation submitted by the proponent is inadequate, incomplete, and unacceptable for the purposes of granting EPA approval for the proposed HMA plant.

Accordingly, it is neither prudent nor precautionary for the Ministry to issue the requested ECA on the basis of the questionable methodology, findings, and conclusions contained within the ESDM Report and the Acoustic Assessment Report. Moreover, given the outstanding concerns of KNG, area residents, and the non-willing host municipality, it would not be in the public interest to issue the ECA.

Based on the available evidence, we further submit that the issuance of the ECA would be unreasonable considering the applicable law/policy framework (including the key environmental principles in the Ministry’s Statement of Environmental Values) and it could result in significant environmental harm.

We therefore conclude that the proposed ECA should not be issued to Tomlinson under section 9 of the EPA.

Richard D. Lindgren
CELA Counsel