Vince Moceri Holdings Inc. - Environmental Compliance Approval (waste)

Instrument type: Environmental Compliance Approval (waste)

ERO number
013-3759
Ministry reference number
7032-B3PKY4
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
September 14, 2018 - October 29, 2018 (45 days) Closed
Last updated

This consultation was open from:
September 14, 2018
to October 29, 2018

Decision summary

The ministry approved a new Environmental Compliance Approval for Vince Moceri Holdings Inc. operating as Vince Moceri Holdings for the use and operation of waste transfer site located at 2071 Road 3 in Kingsville, Ontario.

Location details

Site address

2071 Road 3 East
Kingsville, ON
N0P 2G0
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Vince Moceri Holdings Inc.
2700 Deziel Drive
Windsor, ON
N8W 5H8
Canada

Decision details

The ministry approved a new Environmental Compliance Approval for Vince Moceri Holdings Inc. operating as Vince Moceri Holdings for the use and operation of waste transfer site located at 2071 Road 3 in Kingsville, Ontario.

The site will be used to transfer non-hazardous solid waste from residential, industrial, commercial and institutional sectors generated within the County of Essex and County of Chatham. The maximum amount of waste that is permitted to be present at the site, at any one time, is 225 tonnes and for not more than 72 hours.

Shipping and receiving hours are 7:00 am to 8:00 pm Monday to Friday and Saturday from 7:00 am to 2:00 pm. Operating hours are 24 hours per day, 7 days per week. The additional hours are required to load trucks inside the plant if necessary and carry out maintenance and repairs. No material will be shipped or received during these additional hours.

The company is required to operate and maintain the site such that dust, odours, vectors/vermin, litter and noise do not create a nuisance or adverse effect. A complaint protocol is in place.

Comments received

Through the registry

4

By email

0

By mail

1
View comments submitted through the registry

Effects of consultation

In total the ministry received 5 comments from neighbours. The concerns are mainly related to odor, pests, dusts, noise and impact on crops and water run off. The proponent has addressed all the concerns with appropriate measures.

Concern #1: impact on crops from decomposing waste

Response: The maximum amount of waste (including recyclable material) stored on site is limited to 225 tonnes for a maximum of 72 hours. Normal removal will be within 24 hours and waste transfer will be indoors.

Council granted a 50-foot buffer zone between this resident’s property line and the transfer station building. The actual location of the transfer station building will be more than 100 meters west of the neighbor’s property which offers a greater buffer zone. No disease bearing agricultural waste will be accepted at the facility.

Concern #2: odors, pests and dust

Response: Odors, pests and dust control are discussed under Section 3.9 - Site Inspection and Nuisance Condition in the Design and Operations Report and specifically under the following sub sections:

3.9.1 Dust Control

Since all waste receiving and transferring operations will occur inside the building, dust emissions resulting from the operations will be minimal. The access roads will be paved thereby minimizing dust generation. Should dust be identified as a nuisance condition, a road sweeper will be contracted to clean the on-site roadways. 

3.9.2 Odour Prevention and Control

All waste receiving and transferring will occur inside the building; the tipping floor will be swept clean and absorbents will be used to remove any liquid that may occur from time to time.

Waste will be removed from the facility normally within 24 hours of receipt, though storage for 72 hours will be necessary in the event of equipment failure, inclement weather and statutory holidays. Any waste loads exhibiting strong odors will be loaded into enclosed transfer trailers as soon as possible. If odorous waste is repeatedly received from a particular generator, waste will no longer be accepted from that customer.

Waste collected by means of a front-end truck may contain residential waste from the collection at apartments and condominiums. The waste may also contain organic waste from restaurants, banquet halls and similar facilities. Roll-off compactor containers may contain food waste from grocery stores and food outlets. These putrescible wastes may be a source of odor when they are emptied in the plant and will be loaded as soon as possible into a transfer trailer to mitigate any adverse effects.

3.9.3 Litter Prevention and Control

All waste will be unloaded and transferred inside the building, thereby minimizing the potential for creating litter. In addition, facility staff will undertake daily site inspections and clean up any litter resulting from site operations. The site will be fenced to prevent litter from blowing off-site.

3.9.4 Pest Control

If vermin or vector become an issue, the company will retain a professional pest control company to implement and oversee a pest control program at the site. The pest control company will have all necessary regulatory approvals to provide pest management services in Ontario.

In addition, there will be daily inspections of site conditions and a complaint procedure to address and log complaint and both are described in the Operations and Design Report under the following sub sections

3.9 Site Inspections and Nuisance Conditions

A designated competent operator will complete a Daily Site Inspection Report, which will include the date and time of the inspection, and the name and signature of the person completing the inspection. If any problem areas are identified, the corrective action that is completed or planned, will be noted on the inspection report. The daily inspection report will include the following:

  • Is the entrance to the site clean of litter and dust?
  • Is the fence line, inside and outside, secure and clean of litter?
  • Are the fence and gates in good condition?
  • Is the yard clean of litter and scrap?
  • Are there any unacceptable odours?
  • Is there good surface water drainage in the yard?
  • Is the exit to the facility clean of litter and dirt?
  • Are the access roads to and from the facility free of litter?
  • Has there been any environmentally significant event since the last inspection?
  • Have there been any complaints since the last inspection?
  • Is the amount of storage of waste within allowed maximum weight limits?

Copies of Daily Site Inspection Report will be kept on file at the facility. And will be incorporated into the annual report.

3.10 Complaint Procedure

The company will employ a formal complaint reporting procedure. When a complaint is received, a complaint report will be completed, which includes the following information:

  • date and time of complaint
  • nature of complaint
  • name and telephone number of complainants
  • employee receiving complaint
  • details and circumstances of complaint
  • corrective action taken or planned
  • follow up with complaint

A copy of the complaint report will be kept on file at the site and a summary will be included in the annual report for the operation. Signage at the gate will include a telephone number to allow a complainant to contact the company at any time.

2.10 Air Discharges

The receiving area and the waste loading area are unheated. There is no ventilation system or air discharges from the facility. The office area will be heated and cooled by means of a forced air gas furnace with central air conditioning.

Concern #3: hours of operation

Response: Shipping and receiving hours are 7:00 am to 8:00 pm Monday to Friday and Saturday from 7:00 am to 2:00 pm.

Operating hours are 24 hours per day, 7 days per week. The additional hours are required to load trucks inside the plant if necessary and carry out maintenance and repairs. No material will be shipped or received during these additional hours.

Concern #4: orientation of the building and landscaping

Response: The receiving doors of the facility will face south, away from the houses on Road 3 East.

There will be a landscaped and bermed area along Road #3 which will provide a visual barrier, subject to the site plan approved by the Township of Kingsville.

Concern #5: increased traffic and road noise

Response: Road 3 East is an approved truck route and provides transport for all industries, agriculture, commerce and public in the area. The truck traffic is discussed under Section 2.5 – Truck Traffic of the Operation and Design Report

There is sufficient queuing capacity on the internal access roads at the site to allow for vehicles entering and exiting the site without queuing on Road #3 East. The facility's initial design is to accept a maximum of 75,750 tonnes of waste per year. Based on shipping and receiving six days a week, there would be at a maximum of 7 loaded tractor trailers hauling waste from the site and 2 loaded tractor trailers containing recovered recyclable material exiting the site per day.

Concern #6: impact of water run off on Road 3 East Drain

Response: The stormwater management plan designed by Peratlta Engineering provides for stormwater from the subject property to be discharged to a storm water retention pond with subsequent release to the ditch along the Albuna Town Line. The discharge to this drain will be kept to historical levels for the property.

Concern #7: accepted waste – ensure no wet or hazardous waste

Response: The waste to be accepted at the site is limited to solid non-hazardous waste as discussed in the Design and Operation Report under section 2.6 Wastes Accepted at the Site

The site will receive non-hazardous solid municipal waste from IC&I generators, including construction and demolition (C&D) waste. The IC&I generator sector includes, but is not limited to warehousing, storage, apartment buildings, manufacturing facilities, schools, and stores.

The site will receive on an annual basis, an average of no more than 250 tonnes of waste per day (75,750 tonnes per year). All waste will be loaded into transfer trailers and transported to an approved disposal sites, with the exception of recovered recyclables which would be loaded into roll-off bins and tractor trailers and hauled to an end user.

Concern #8: construction of natural wild life corridor around perimeter of site 

Response: The company will not be constructing a natural wild life corridor around the perimeter of the site. The company completed a Stage 1 Species at risk Screening Process for the Ministry of Natural Resources and Forestry. MNRF staff have determined that the activities associated with the VMH project as proposed will likely not contravene section 9 (species protection) and/or section 10 (habitat protection) of the Endangered Species Act 2007 (ESA 2007) for species at risk (SAR). 

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.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number
Windsor Area Office
Address

4510 Rhodes Drive
Unit 620
Windsor, ON
N8W 5K5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from December 24, 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:

  1. prepare your application
  2. provide notice to the minister
  3. 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:

  1. 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
  2. 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
  3. 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:

  1. 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?
  2. 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)

Issuing authority
Mohsen Keyvani
Manager

Environmental Assessment and Permissions Branch
135 St Clair Avenue West
Floor 1
Toronto, ON
M4V 1P5
Canada

416-432-7253

Proponent(s)

Vince Moceri Holdings Inc.
2700 Deziel Drive
Windsor, ON
N8W 5H8
Canada


Appellate body

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

About the Environmental Review Tribunal


Include the following:

ERO number
013-3759
Ministry reference number
7032-B3PKY4

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.

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Original proposal

ERO number
013-3759
Ministry reference number
7032-B3PKY4
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

September 14, 2018 - October 29, 2018 (45 days)

Proposal details

Description of instrument

This proposal is for a new Environmental Compliance Approval (Waste Disposal Site) for Vince Moceri Holdings Inc. operating as Vince Moceri Holdings for the use and operation of waste disposal site, located at 2071 Road 3 (Part of Lot 13, Concession 5 Eastern Division of Gosfield being Part 2 on Plan 12R-12742) in Kingsville, Ontario with a total area of 5 hectares.

The site is to be used for the processing and transfer of solid non-hazardous waste received from industrial and institutional (IC&I) generators up to 250 tonnes per day. The total amount of waste and processed materials stored at the site will not exceed 225 tonnes at any time. Processes at the site include sorting of recyclable material.

The site will operate 24 hours per day, 7 days per week and will serve Southwest Ontario.

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.

Client Services and Permissions Branch
Address

135 St Clair Ave West
1st Floor
Toronto, ON
M4V 1P5
Canada

Office phone number
Windsor Area Office
Address

4510 Rhodes Drive
Unit 620
Windsor, ON
N8W 5K5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from September 14, 2018
to October 29, 2018

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