This consultation was open from:
July 16, 2018
to August 30, 2018
Decision summary
We have approved the issuance of an amendment to Environmental Compliance Approval No. A920034 for Direct Genetics Inc. (Jones Pumping and Coulter Pumping) for a hauled sewage disposal site.
Location details
Site address
635 Cragg Road
Uxbridge,
ON
L9P 1R3
Canada
Site location details
Application Type: Amendment (expanding useable area)
Total Useable Area: 12 hectares
Type of Disposal: Surface Spreading
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)
Direct Genetics Inc. (Jones Pumping and Coulter Pumping)
635 Cragg Road
Scugog,
ON
L9P 1R3
Canada
Decision details
On June 18, 2019 we approved the issuance of an amendment to Environmental Compliance Approval No. A920034 for Direct Genetics Inc. (Jones Pumping and Coulter Pumping) for a hauled sewage disposal site.
Effects of consultation
A total of six comments were received (excluding duplicate comments), as well as four additional comments received by the ministry during the review period. The public comments received are summarized below followed by a description of how they were considered by the director in the decision-making process.
Land application of hauled raw sewage is currently a legal option in Ontario. We regulate the transport and land application of hauled sewage by imposing standards and conditions on these activities through Environmental Compliance Approvals (ECA), under the Environmental Protection Act (EPA) to ensure that it is managed in accordance with standards that are protective of the environment and human health.
A hauled sewage policy and program review is currently underway. We are considering approaches for the management and spreading of hauled sewage to better protect human health and the environment (including land and waterways) from the impacts of nutrients and pathogens.
Concerns for groundwater and surface water quality
Proposed hauled sewage site applications are considered on a case by case basis by the ministry. The local site conditions are considered including the type of soil, depth to water table, slope of the land and distance to nearby sensitive features (such as surface water and drinking water wells). When approvals are issued by the ministry, they set out conditions and restrictions on how the operation at the site must take place. This includes mandatory minimum setback distances from sensitive features, along with limits on how much waste can be applied, and how/when it can be applied. Our technical support section staff believe that when these criteria are followed, along with following Best Management Practices at the time of application (e.g. considering wind direction, weather conditions), potential impact to human health or the environment is not expected. We are aware of the nearby sensitive features surrounding the hauled sewage site and ensured during the review that the required setback distances for all features were identified by the company.
There were comments surrounding concerns for potential impacts from runoff. Technical support section staff note that spreading, by definition, if undertaken in accordance with the ECA conditions, should not be creating runoff or ponding conditions. The instrument contains specific conditions which the company must comply with such as the prohibition of spreading during certain times of the year and on areas of the field that do not meet specified requirements.
All hauled sewage applications also go through source protection screening. For applications flagged as a “significant drinking water threat” under the Clean Water Act, the ministry will not issue an approval for the disposal of untreated hauled sewage on land. The site located at 635 Cragg road is flagged as a “low drinking water threat” - and is considered suitable (with conditions) for surface application of hauled sewage.
Land base concerns
This site is located in the “Prime Agricultural Area” designation in the Protected Countryside of the Greenbelt Plan (2017). It is not located within the Oak Ridge Moraine. An ECA decision under the EPA such as this instrument is independent of the Greenbelt Act and does not trigger a legal requirement for conformity with the Greenbelt Plan. Questions or concerns with regards to the Greenbelt Act and/or Planning Act should be directed to the local regional municipality.
Concerns regarding the expansion of the hauled sewage site
There is no change or increase to the maximum spreading rate of hauled sewage permitted at this site. The company has indicated that the addition of another field is intended to eliminate the need for incorporation, and decrease the reported nuisances to the nearby residences, including odour and visual appearance due to spreading, since the new field is further away from the public view and from the nearest sensitive use feature.
Concerns related to garbage accumulation of the fields
Due to the growing concerns of garbage accumulation on the spreading area, a new condition has been added to the amended instrument to assist in reducing garbage accumulation on the fields.
Concerns related to odours, noise, birds, and truck traffic
We respond to reports of pollution or other incidents resulting from the storage, transport or land application of untreated hauled sewage. Due to the nature of hauled sewage operations, it is understood that some level of odour, noise and truck traffic is expected. However, the company must ensure that no unnecessary off-site effects such as vermin, vectors, odour, dust, litter, noise and traffic result from the spreading of hauled sewage.
We conduct various compliance and enforcement activities to ensure that hauled sewage is land applied in accordance with ministry requirements. This includes conducting inspections at approved sites to assess compliance with regulatory requirements, i.e. conditions within their ECA; and responding to reports of pollution or other incidents resulting from the storage, transport or land application of untreated hauled sewage.
Reportedly, approximately two to eight trucks per day access the site on a seasonal basis using one of the two truck access points, both of which have residences located nearby. Issues related to truck traffic, idling vehicles and hours of operation are typically addressed by municipal by-laws. There ministry does not have the ability to require the company to construct a new driveway.
The transportation of hauled sewage is approved under a separate instrument (Waste Management System ECA) and is not within the scope of this hauled sewage disposal site instrument.
In response to concerns of contaminant transfers from the spreading site to the roadway, a general condition has been added to the amended instrument to minimize the track out of hauled sewage from vehicles exiting the site which may become a contaminant or nuisance.
Concerns related to inconsistent incorporation
In response to these concerns, a new condition to record the timing and depth of incorporation after surface application within 450 meters of a sensitive use feature will assist the ministry in monitoring compliance of Condition 18.
Concerns of windborne pathogens
We do not conduct site specific assessments of windborne pathogen transmission when reviewing land spreading applications. We are not aware of any incidents of documented health impacts to neighbours from windborne pathogens/bioaerosols from the spreading of hauled sewage, treated sewage biosolids or manure.
Modelling studies in the literature have indicated that there is little evidence of potential downwind risk to neighbours beyond 50 meters of a biosolids spreading area based on microbial sampling in air downwind of application and for irrigation sites when irrigating at low wind speeds.
The 45-day public commenting period
It was not until January 1, 2017 that the ministry began posting instrument proposal notices (with a 45-day public commenting period) on the Environmental Bill of Rights Registry (EBR) for hauled sewage land disposal site applications received by our district offices. That is why previous to this, no formal commenting period existed, however any concerns or questions of an activity or site are at any time able to be sent to the ministry’s local district office for review and/or further response.
Concerns for on-site human and animal health risks
Comments were received from the Region of Durham during the ministry’s review process regarding possible options for restricting access or posting information near the site in result of a concern they received for human and animal health risks. In response, a condition has been added to the ECA to post signs in a prominent location at the site entrance which includes the company’s ECA number, hours of operation, and contact information.
Comments regarding Municipal by-laws/zoning
Ministry hauled sewage site ECAs are independent from municipal official plans/zoning/by-laws. Official plans/zoning/by-laws are instruments produced, administered and enforced by municipalities. An ECA issued by the ministry does not relieve a hauled sewage site operator’s obligation to comply with other applicable legal requirements, which is a fact specifically detailed in every hauled sewage site ECA.
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.
230 Westney Road South
Floor 5
Ajax,
ON
L1S 7J5
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from August 29, 2019 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)
Direct Genetics Inc. (Jones Pumping and Coulter Pumping)
635 Cragg Road
Scugog,
ON
L9P 1R3
Canada
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
Nicole Does
733 Exeter Road
London,
ON
N6E 1L3
Canada
Original proposal
Proposal details
Description of Instrument
This proposal is for the issuance of an amended Environmental Compliance Approval for Direct Genetics Inc. (Jones Pumping and Coulter Pumping) for a hauled sewage disposal site.
Hauled Sewage, commonly known as septage, is the waste material removed from portable toilets, sewage holding tanks and septic systems. Untreated hauled sewage from holding tanks and septic tanks may be disposed of on land in accordance with an Environmental Compliance Approval issued under the Environmental Protection Act.
Other information
Highlights of proposed approval requirements
- Prior to operating at the Site, the Company shall develop written procedures covering the following:
- procedures for reporting to the Ministry, and municipal authorities as required in the event a spill occurs at the Site;
- a list of the personnel responsible for operations at the Site.
- The Company shall ensure that all personnel involved in the operation of this Hauled Sewage Disposal Site are aware of the requirements of this Approval and are trained in Spill Prevention.
- Spills of a pollutant that cause or may cause an adverse effect are to be reported to the Ministry's Spills Action Centre and the Company shall take appropriate remedial action to limit the impact. The Company must ensure that no unnecessary off-Site effects, such as vermin, vectors, odour, dust, litter, noise or traffic, result from the operation of this Site.
- Written records must be maintained in a log book that documents daily operations as well as any spills that occur and any complaints received.
- No Hauled Sewage shall be spread or disposed of at the Site when the ground is frozen, ice-covered or snow covered;
- No Hauled Sewage shall be spread at the Site under conditions where Hauled Sewage may runoff or discharge from the Site.
- Hauled sewage cannot be spread during winter months.
- The approval sets out a maximum spreading rate. In addition, spreading cannot take place within specified distances of sensitive features such as surface water, wells and residences, or on steeper sloped land.
- Prior to the spreading of hauled sewage, the operator shall ensure the useable spreading area is clearly flagged or digitally designated to clearly identify setbacks from sensitive features and any areas where spreading is not allowed.
- No processed organic waste, grease trap waste or other waste, other than Hauled Sewage, shall be disposed of at the Site.
Other
Prior to the spreading of hauled sewage, the operator is responsible for ensuring that all necessary approvals, licences or permits that may be required from other authorities, such as the local municipality, conservation authority, the Ministry of Natural Resources and Forestry and the Ontario Ministry of Agriculture Food and Rural Affairs, have been acquired.
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.
230 Westney Road South
Floor 5
Ajax,
ON
L1S 7J5
Canada
Comment
Commenting is now closed.
This consultation was open from July 16, 2018
to August 30, 2018
Connect with us
Contact
Jennifer Faria
1259 Gardiners Road
Unit 3
Kingston,
ON
K7P 3J6
Canada
Comments received
Through the registry
6By email
0By mail
0