Coco Properties Corporation - Environmental Compliance Approval (sewage)

Instrument type: Environmental Compliance Approval (sewage)

ERO number
019-0392
Ministry reference number
5333-BBJKZD
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
August 2, 2019 - September 16, 2019 (45 days) Closed
Last updated

This consultation was open from:
August 2, 2019
to September 16, 2019

Decision summary

An amended Environmental Compliance Approval (ECA) was issued to Coco Properties Corporation for approval of sewage works for the collection, transmission, treatment and disposal of up to 9,092 L/min of water accumulating within the confines of the existing 45.1 ha extra extraction area of the Elginburg Quarry, located in the City of Kingston.

Location details

Site address

2357 Unity Road
Kingston, ON
Canada

Site location details

Elginburg Quarry
Lots 14 and 15, Concession 5

Site location map

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

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Proponent(s)

Coco Properties Corporation
949 Wilson Avenue
Toronto, ON
M3K 1G2
Canada

Decision details

An amended Environmental Compliance Approval (ECA) was issued to Coco Properties Corporation for approval of sewage works for the collection, transmission, treatment and disposal of up to 9,092 L/min of water (including precipitation, runoff, snowmelt, groundwater and aggregate washwater) accumulating within the confines of the existing 45.1 ha extraction area of the Elginburg Quarry located in the City of Kingston.

The approved sewage works will be discharging overland and infiltrating on quarry lands, and draining to an unnamed tributary of Collins Creek and ultimately via Collins Creek to Lake Ontario.

The amended ECA approved:

  • relocation of the existing discharge location to a new discharge location located at the south-west corner of the Elginburg Quarry
  • a conveyance drainage ditch(es)/settling basin located in the south excavation area

The existing sewage works included in the amended ECA consist of the sump located in the north excavation area, and two sedimentation ponds and the sump area located in the south excavation area.

Comments received

Through the registry

11

By email

6

By mail

4
View comments submitted through the registry

Effects of consultation

The reviewer reviewed and considered all received comments regarding this amendment application. The received comments were grouped into related subjects/concerns/issues. Responses to the subjects/concerns/issues are listed below.

  1. Potential contamination and adverse impacts on drinking wells, quality of groundwater and drinking water supplies

    Response

    The compliance history of the site provided by the consultant and review of comments of the 2019 Annual Performance Report do not indicate any potential contamination and adverse impacts on drinking wells, quality of groundwater and drinking water supplies.

    The amended ECA includes the effluent quality and groundwater quality monitoring programs to require the owner to demonstrate on a continual basis that the quality of the effluent from the approved works is consistent with the Effluent Limits specified in the amended ECA and that the approved works do not cause any impairment to the receiving watercourses and groundwater.

  2. Need for a hydrological impact assessment

    Response

    Since this amendment application is only for the relocation of the existing discharge location, a new hydrological study is not necessary.

  3. Potential flooding of adjacent neighbouring properties

    Response

    According to the design report, a water route (e.g. minor ditching or berming) may be required at the top of the slope to keep the water on Coco property, while avoiding archaeological features. The water route, if required, will not be within 30 m of the tributary of Collins Creek.

    In order to prevent flooding of neighbouring properties the following conditions were included in the amended ECA:

    • "During the period of discharge, the Owner shall undertake weekly visual inspections of the overland discharge area from the discharge point (the outlet pipe of the pump discharging from the existing sump area located at the south-west corner of the South Excavation Area (South Quarry) to the extent of all visible overland sheet flow to ensure that the discharge water does not flow onto other properties, cause erosion or channelize. The results of the visual inspections shall be recorded in a log book to be made available for review by the Ministry upon request. The log shall include the name of the inspector, date of inspection and the results of the inspections."; and
    • "The Owner shall ensure that if the discharge water should flow onto other properties, cause erosion or channelize, the discharge shall cease immediately until the flow path is field verified, drainage water is redirected away from the affected property, and appropriate sediment control measures and implemented. Any such incidents shall be reported to the District Manager."

  4. Potential flooding of downstream lands

    Response

    In order to prevent any potential flooding in the receiving watercourses, the amended ECA includes the following condition:

    "The Owner shall immediately cease any pumping activities upon receipt of a written request from the City of Kingston to cease any pumping activities due to actual or potential flooding in the receiving watercourses. Furthermore, the Owner shall ensure that any pumping activities are only resumed upon a mutual agreement with the City of Kingston that the effluent from the Works will not cause flooding or erosion on the receiving watercourses."

  5. Potential asphalt and concrete contamination

    Response

    The compliance history of the site provided by the consultant and review of comments of the 2019 Annual Performance Report do not indicate any potential contamination associated with asphalt or concrete stockpiles located within the site.

    Furthermore, the following condition was included in the ECA: "The Owner shall ensure that recyclable asphalt is not stored within 30 metres of a body of water or within two metres of the groundwater table, which shall include but not be limited to the sumps located on the quarry floor and any on-site drainage ditches."

  6. Spill contingency

    Response

    The amended ECA includes a condition requesting the owner to prepare "a contingency plans and procedures for dealing with potential spill, bypasses and any other abnormal situations and for notifying the District Manager. The contingency plan shall be prepared by a Professional Engineer to the satisfaction of the District Manager, and shall cover the entire operational life of the sewage Work."

    Furthermore, the following condition was included in the amended ECA in the event of a spill or other contaminant release which could cause any detrimental effects on the quality of water (including precipitation, runoff, snowmelt, groundwater and aggregate wash water):

    "The Owner shall ensure that in the event of a spill or other contaminant release which could cause any detrimental effects on the quality of water (including precipitation, runoff, snowmelt, groundwater and aggregate wash water) discharging from the site, any pumping activities are immediately ceased. Furthermore, the Owner shall ensure that any pumping activities are resumed only after an investigation of the incident is undertaken, remedial and preventive measures are taken (if necessary) and the effluent discharged from the site is deemed not to cause any impairment to the receiving watercourses."

  7. Monitoring concerns

    Response

    The sampling frequency of the effluent quality monitoring program included in the amended ECA is deemed to be sufficient.

  8. Effluent criteria assessment

    Response

    The Effluent Limits has been included in the ECA.

  9. Dewatering due to proposed expansion of the Elginburg Quarry

    Response

    All the received concerns/issues related to a future expansion of the Elginburg Quarry are beyond the scope of the amendment application. The amendment application is only for relocation of the exiting discharge location to a new discharge location located at the south-west corner of the South Excavation Area (South Quarry) and an existing conveyance drainage ditch/settling basin located along the eastern side of the South Excavation Area (South Quarry) and the central portion of the South Excavation Area (South Quarry) discharging by gravity or pumping to the existing sump area located at the south-west corner of the South Excavation Area (South Quarry).

    According to the consultant report, all comments related to the future expansion of the Elginburg Quarry will be addressed directly to the community through the Community Liaison Committee.

  10. Self-reporting concerns

    Response

    All the received concerns/issues related to the self-reporting are beyond the scope of the amendment application. This is the Ministry's standard operating practice.

  11. Incomplete statement of the Municipality

    Response

    The statement of the Municipality in an ECA application form for approval of industrial sewage works does not need to be completed. This is the Ministry's standard operating practice.

  12. Additional Comments/Concerns: Comments related to the current licensed depth, noise issues, ground vibration, air pollution, traffic, property value, phasing, permitting a rezoning application, rezoning of the existing quarry, hours, governing bodies accountability, reasonable expectation of a conclusion date, adjacent lands severability, internal site control (site layout, internal road), volume of extraction, pre-blast survey, the current quarry has been depleted of useful aggregate, operating hours.
     

    Response

    All the received additional concerns/issues are beyond the scope of the amendment application.

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
Kingston District Office
Address

1259 Gardiners Road
Unit 3
Kingston, ON
K7P 3J6
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from April 30, 2021 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
Fariha Pannu
Manager

Environmental Assessment and Permissions Branch
1st Floor, 135 St Clair Ave W
Toronto, ON
M4V 1P5
Canada

416-314-7092

Proponent(s)

Coco Properties Corporation
949 Wilson Avenue
Toronto, ON
M3K 1G2
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
019-0392
Ministry reference number
5333-BBJKZD

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
019-0392
Ministry reference number
5333-BBJKZD
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

August 2, 2019 - September 16, 2019 (45 days)

Proposal details

This proposal is for an amendment to the existing Environmental Compliance Approval No. 9934-AJ7TYX issued to Coco Properties Corporation on March 29, 2017.The Environmental Compliance Approval was for sewage works for the collection, transmission, treatment and disposal of water (including precipitation, runoff, snowmelt, groundwater and aggregate washwater) accumulating within the confines of the existing 45.1 hectares extraction area of the Elginburg Quarry, in the City of Kingston.

This amendment application is for approval of modifications to the sewage works design and the relocation of the existing discharge location to a new discharge location located at the southwest corner of the existing Elginburg Quarry extraction area, discharging to an unnamed tributary of Collins Creek and ultimately via Collins Creek to Lake 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
Kingston District Office
Address

1259 Gardiners Road
Unit 3
Kingston, ON
K7P 3J6
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from August 2, 2019
to September 16, 2019

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