Covanta Environmental Solutions Ontario, Inc. - Environmental Compliance Approval (waste)

Instrument type: Environmental Compliance Approval (waste)

ERO number
019-0450
Ministry reference number
0475-BEFQ33
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 21, 2019 - October 5, 2019 (45 days) Closed
Last updated

This consultation was open from:
August 21, 2019
to October 5, 2019

Decision summary

We have issued an approval to Covanta Environmental Solutions Ontario, Inc. for the expansion of an existing building, corresponding changes to waste storage amounts and locations, and a process to denature off-specification medication using chemical oxidation. The site is located in Kitchener, Ontario.

Location details

Site address

260 Shoemaker Street
244 Shoemaker Street
Kitchener, ON
N2E 3E1
Canada

Site location details

Waste Disposal Site for transfer/processing of hazardous and non-hazardous waste.

Site location map

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

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Proponent(s)

Covanta Environmental Solutions Ontario, Inc.
260 Shoemaker Street
Kitchener, ON
N2E 3E1
Canada

Decision details

We have issued an approval to Covanta Environmental Solutions Ontario, Inc. for the expansion of an existing building, corresponding changes to waste storage amounts and locations, and a process to denature off-specification medication using chemical oxidation. The site is located in Kitchener, Ontario.

The existing Building 2 will be expanded to allow for increase waste storage and processing of liquid industrial and hazardous wastes. Provisions have been included in the approval to prevent the use of the expanded building until the final building permit and site plan approval have been obtained from the City of Kitchener, as the municipal permitting process has been delayed due to the COVID-19 pandemic.

The total volume of waste at the site has been increased from 1,174,280 to 1,880,000 litres. Waste solidification pits constructed using concrete with a steel liner and leak-detection wells will be employed to process wastes, as well as a process to denature off-specification pharmaceutical waste using oxidizing substances approved by Health Canada. Wastes resulting from this process must be characterized and disposed of off-site in accordance with existing regulations.

Comments received

Through the registry

0

By email

0

By mail

6
View comments submitted through the registry

Effects of consultation

Comments received included the following concerns:

  • this business is not appropriate for an industrial park location
  • noted a significant number of spills and fires at the site, as well as chemical stench
  • nearby employees, visitors and customers have experienced illness, vomiting and nausea
  • neighbouring businesses have all experienced the same issues with this site
  • recommend rejecting application and removing current operation from the industrial park to another location that complies with City of Kitchener zoning bylaws
  • waste operation should never have been allowed by City of Kitchener zoning as zoning is B-1 which does not allow waste transfer, should only be located in M-4 Heavy Industrial
  • trucks lined up on street, driving on/damaging nearby properties while in the queue
  • the waste operation has been chronic issue in industrial park
  • existing volumes have already caused problems, no increase should be approved

When asked about the alleged incidents, the ministry's District Office confirmed that there had been no major incidents or complaints reported at the site in the last 5 years.

In response to the other comments received, the company provided additional information including information on emission abatement measures in place at the site and the use of a Bio-Rem filter for odour reduction, standard operating procedures and housekeeping measures such as keeping doors closed to reduce fugitive emissions, indoor operation, confirmation that the zoning meets the City's current zoning requirements, and details of a minor emergency situation on May 30, 2018 where Kitchener Utilities and the Kitchener Fire Department were called in by the company to investigate a suspected gas leak that ended up being an alarm triggered by a old forklift that was subsequently removed and replaced.

Based on this information and the review of the design aspects of the application, the comments received have been adequately addressed.

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.

How to Appeal

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

  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)

Covanta Environmental Solutions Ontario, Inc.
260 Shoemaker Street
Kitchener, ON
N2E 3E1
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
019-0450
Ministry reference number
0475-BEFQ33

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
019-0450
Ministry reference number
0475-BEFQ33
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 21, 2019 - October 5, 2019 (45 days)

Proposal details

The application is for an amendment to Environmental Compliance Approval (Waste Disposal Site) No. A650133 for Covanta Environmental Solutions Ontario, Inc. (CES), a hazardous/non-hazardous waste transfer/processing facility on a site that is 1.17 hectares in area, located at 244 and 260 Shoemaker Street, Kitchener, Ontario.

Approval is sought for expanding the existing operation with the construction of a 2,000 square meters building in the rear yard of 244 Shoemaker (Building 2); increasing total volumes that can be received and stored on site from 1,175 tonnes to 1,800 tonnes (the waste will be stored in two buildings (Building #1 - 598,280 litres; and Building 2 - 1,201,720 litres) and adding a process to destroy denature wastes including consumer goods and expired/off-spec medications by shredding/granulation/grinding and chemical oxidation.

The maximum daily waste received is unchanged at 500,000 liters. The hours of operation are 24 hours per day, 7 days per week, serving areas within the geographical boundaries defined under the North American Free Trade Agreement (NAFTA) is also unchanged.

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.

Comment

Commenting is now closed.

This consultation was open from August 21, 2019
to October 5, 2019

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