1213427 Ontario Corporation - Environmental Compliance Approval (sewage)

Comments received were reviewed and, where appropriate, were considered in the design of stormwater management works by the consultant and in the ministry’s decision whether or not to proceed with this proposal. Eleven (11) comments were received during the commenting period.

Concerns raised:

The following concerns were raised on the proposal:

1. Decision shall be placed on hold because the zoning for the site will be decided by the court.

2. The proposed swale and oil/grit separator alone will not be able to eliminate salt entering the Bay.

3. Dust control using water from Picton Bay might cause contaminated water flowing back to the Picton Bay.

4. Mitigation for salt solution is difficult.

5. The current design doesn’t address salt runoff into the Bay, and the site has quarry operation as well and shall be addressed.

6. It is unclear whether the capacity of the stormwater conveyance system and treatment system (oil & grit separator) can handle the stormwater runoff.

7. Picton Terminals has clearly demonstrated that it is unable to manage the receipt, storage and maintenance of road salt.

8. For the salt indoor storage facility, it is assumed that there would be no objections, concerns or legalities involved to literally blast out an area the size of 2 football fields (>3 ha) immediately adjacent and bordering on the shores of Lake Ontario.

Ministry’s responses:

1. Zoning is a relevant factor in our decision; however, it cannot be a sole factor in the refusal of an application. When the application is put on hold because of zoning issue, the applicant could bring a judicial review application “mandamus” to force our signing director to make the decision. If there are environmental issues at the site, it is prudent to review and if possible issue the ECA to ensure that the applicant has the updated conditions to follow. The ministry can then take enforcement action if the company does not comply with the updated ECA.

2. The proponent has revised their design, and in the new design, salt will be stored in a dry indoor storage facility to prevent contact with stormwater runoff or groundwater. Enhanced swales, oil & grit separators, settling pond, wet pond, step pools, sediment basin, grassed swales, vegetated filter strip are used for the treatment of stormwater runoff without direct contact with salt at different areas of the site.

3. Dust control by spraying water shall be conducted properly to avoid creating surface runoff (no discharge to the Bay).

4. The best method to prevent salt entering the Bay is to have dry storage for the salt sot that no salt solution is generated. Once salt gets into water, there is no effective way to remove it from water. For this reason, an indoor dry storage facility is proposed to make sure salt has no contact with stormwater runoff or groundwater.

5. The design has been revised and an indoor dry storage for salt is proposed. This will address salt runoff into the Bay by preventing salt runoff. For their quarry operation, it is under the jurisdiction of the Ministry of Natural Resources and Forestry (MNRF) and currently Picton Terminals is working with MNRF on this issue.

6. The revised design report provides calculations for the sizing of stormwater management system.

7. Picton Terminals is unable to manage the receipt, storage and maintenance of road salt because there is no dry storage of salt at the site. With the proposed indoor dry storage facility, the environmental impact will be mitigated at the site.

8. Picton Terminals is required to comply with any provision of any applicable statute, regulation or other legal requirement, including, but not limited to, the obligation to obtain approval from the local municipality and local conservation authority necessary to construct the dry storage facility and sewage works.

To ensure compliance with our requirements, the Environmental Compliance Approval includes special terms and conditions for operation and maintenance, monitoring, and reporting.