This consultation was open from:
February 9, 2018
to March 26, 2018
Decision summary
We issued Certificate of Property Use No. 7280-ATHMC5 to Everest Canadian Storage Company for the property located at 24-60 Sanford Avenue North in Hamilton, Ontario.
Location details
Site address
24-60 Sanford Avenue North
Hamilton,
ON
Canada
Site location details
24-60 Sanford Avenue North
Hamilton, Ontario
With a Legal Description of:
Lots 17, 18, 19, 20, 21, 22, 23 & 24
Plan 46
Part Lots 25, 26, 27, 28, 29, 30, 31 & 32
Plan 46, as in M231207
Lane, Plan 46, as closed by orders HA 118450 & HA 130962 as in VM231207
Hamilton
Poperty Identification Number 17199-0017 (LT)
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
Everest Canadian Storage Company
199 South Los Robles Avenue
Suite 200
Pasadena,
CA
91101-2498
United States
Decision details
On March 27, 2018, we issued Certificate of Property Use (CPU) No. 7280-ATHMC5 to the Everest Canadian Storage Company. Since that time, the property has been sold to Blue Bird Storage Corp. who is the current owner of the property. This decision posting is being made now to the Environmental Registry of Ontario as technical difficulties prevented the posting of this decision to the province's previous registry.
The CPU requires the owner to implement risk management measures at 24-60 Sanford Avenue North, Hamilton (property) to prevent or minimize potential exposures to contaminants of concern (CoC) present on the property, including:
- the maintenance of existing and/or the installation of new fill caps and hard caps to provide a barrier to soils impacted with CoC
- restrictions on the construction of new building(s) with basements
- the monitoring of groundwater to ensure that onsite CoC are not impacting adjacent properties
- the implementation of contingency actions should the monitored parameters exceed any trigger values set out by the CPU
- the development of soil management and health and safety plans to ensure that CoC present on the property are handled appropriately and safely during intrusive activities on the property
- inspection, maintenance and reporting requirements to document and ensure that the risk management measures are implemented as set out by the CPU
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
119 King Street West
Floor 12
Hamilton,
ON
L8P 4Y7
Canada
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from March 18, 2020 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.
Appeal process for decisions published before June 1, 2021
If you’re an Ontario resident, you can start the process to appeal this instrument decision.
First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.
If the appellate body grants leave, the appeal itself will follow.
Seek leave to appeal
To seek leave to appeal, you need to do these three things:
- prepare your application
- provide notice to the minister
- mail your application to three parties
1. Prepare your application
You’ll need to prepare an application. You may wish to include the following things in your application:
- A document that includes:
- your name, phone number, fax number (if any), and/or email address
- the ERO number and ministry reference number (located on this page)
- a statement about whether you are a resident in Ontario
- your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
- the parts of the instrument that you’re challenging
- whether the decision could result in significant harm to the environment
- the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
- the grounds (facts) you’ll be using to appeal
- the outcome you’d like to see
- A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
- Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered
The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:
- is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
- could the decision you wish to appeal result in significant harm to the environment?
2. Provide your notice
You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.
In your notice, please include a brief description of the:
- decision that you wish to appeal
- grounds for granting leave to appeal
You can provide notice by email at minister.mecp@ontario.ca or by mail at:
College Park 5th Floor, 777 Bay St.
Toronto, ON
M7A 2J3
3. Mail your application
You’ll need to mail your application that you prepared in step #1 to each of these three parties:
- appellate body
- issuing authority (the ministry official who issued the instrument)
- proponent (the company or individual to whom the instrument was issued)
Everest Canadian Storage Company
199 South Los Robles Avenue
Suite 200
Pasadena,
CA
91101-2498
United States
Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca
Include the following:
This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.
Connect with us
Contact
Paul Widmeyer
119 King Street West
Floor 12
Hamilton,
ON
L8P 4Y7
Canada
Original proposal
Proposal details
Description of instrument
A risk assessment was undertaken for this property to establish the risks that the contaminants identified in the risk assessment may pose to future users and to identify appropriate risk management measures to be implemented to ensure that the property is suitable for the intended use of “Industrial”, "Commercial" and "Community" as defined by O. Reg. 153/04.
The ministry’s review of the risk assessment involved the following reports, documents and information /correspondence:
- Risk Assessment Report, 24-60 Sanford Avenue North, Hamilton, prepared by MTE on March 3, 2015
- Revised Risk Assessment Report, 24-60 Sanford Avenue North, Hamilton, prepared by MTE on October 2, 2015
- “Second Revised Risk Assessment, 24-60 Sanford Avenue North, Hamilton, ON”, by MTE GlobalTox/MTE Consultants Inc., dated May 6, 2016
- “Third Revised Risk Assessment, 24-60 Sanford Avenue North, Hamilton, ON”, by MTE GlobalTox/MTE Consultants Inc., dated July 25, 2017
Based on the documents provided to the ministry as part of the risk assessment report, the reviewers can confirm that the risk assessment has been conducted in accordance with the Environmental Protection Act (the act), Ontario Regulation 153/04 (the regulation), and the associated guidance documents.
The Director provided the proponent with written Notice of the Director’s Decision to accept the risk assessment No. 7800-9LEHPX relating to the property in accordance with section 168.5 of the act on November 20, 2017.
The Director is considering the issuance of a Certificate of Property Use (CPU) in relation to the site. The proposed CPU incorporates the risk management measures proposed in the risk assessment and additional conditions proposed by the Director. The proposed Certificate of Property Use (CPU) No. 7280-ATHMC5 is attached.
Other information
The proposed Certificate of Property Use (CPU) is available for viewing at the Hamilton District Office located at 119 King Street West, 9th Floor, Hamilton, Ontario L8P 4Y7.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
119 King Street West
Floor 12
Hamilton,
ON
L8P 4Y7
Canada
119 King Street West
Floor 9
Hamilton,
ON
L8P 4Y7
Canada
Comment
Commenting is now closed.
This consultation was open from February 9, 2018
to March 26, 2018
Connect with us
Contact
Paul Widmeyer
119 King Street West
Floor 12
Hamilton,
ON
L8P 4Y7
Canada
Comments received
Through the registry
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