This consultation was open from:
August 29, 2019
to October 13, 2019
Decision summary
An amended Environmental Compliance Approval was issued to Gerdau Ameristeel Corporation to extend the use of a temporary waste storage area, change the order of landfill cell development, and construct a road crossing at their waste disposal site in Whitby.
Location details
Site address
1 Gerdau Court
Whitby,
ON
L1N 5T1
Canada
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)
Gerdau Ameristeel Corporation
1 Gerdau Court
Whitby,
ON
L1N 5T1
Canada
Decision details
The decision was made to approve Gerdau Ameristeel Corporation's request to extend the use of the temporary waste storage area due to the engineered design of the storage area, and the existing environmental protections in place as per the requirements within the Environmental Compliance Approval.
A phased closure of the temporary waste storage area will likely not result in an increased potential for an adverse effect at the site and will continue to provide Gerdau with operational flexibility at the landfill and the ability to recover more materials.
Effects of consultation
We received a single comment via mail relaying concerns unrelated to the application related to the Site's storm water management features and its effect on localized ponding of water and ice after heavy rain or melt on nearby trails. While out of the scope of our review of the application, the concern was still explained to Gerdau who were asked to comment. Gerdau was aware of the concern as it was raised during an October 16, 2018 Site Liaison Committee meeting. Gerdau investigated the concern following the next heavy precipitation event and found only natural pooling typical from heavy precipitation in a low lying area on the trail. Nevertheless, Gerdau will continue to monitor the culvert to ensure it is not clogged or have any impedances and will continue to operate the stormwater management works in accordance with the Environmental Compliance Approval. Gerdau will also consider reaching out to the Town of Whitby, who are responsible for managing the trails, to evaluate any improvements to the grading in the area.
The Ministry of the Environment, Conservation and Parks will continue to inspect the site to ensure its compliance with their Environmental Compliance Approval.
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.
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
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 December 23, 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)
Gerdau Ameristeel Corporation
1 Gerdau Court
Whitby,
ON
L1N 5T1
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
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
This proposal is for an amendment to Environmental Compliance Approval (Waste Disposal Site) No. A390510 for Gerdau Ameristeel Corporation, issued for operation and development of a landfill site for the disposal of shredder residue. The total capacity of the landfill is 6,400,000 cubic metres that includes a Temporary Waste Storage Area (TWSA) capacity of 350,000 cubic metres.
The TWSA is an engineered storage area designed to contain shredder residue as well as manage leachate and storm water. The objective of the TWSA was to provide onsite storage of shredder residue, thereby avoiding offsite disposal, until landfill expansion cell(s) were constructed. We have approved the TWSA for a capacity of 350,000 cubic metres with the condition of removing all contents from the TWSA for final disposal by December 31, 2019.
Gerdau is committed to sustainable development and has invested in advanced non-ferrous recycling operations in order to process and recover valuable recyclables from shredder residue. In July 2017 Gerdau initiated the removal of shredder residue from the TWSA to further extract non-ferrous metals (i.e. copper, stainless steel, aluminum) prior to final placement in the expansion cells (Cells A and B).
Given the ability to recover additional metal products from shredder residue, Gerdau is seeking to process the TWSA material through the upgraded non-ferrous recovery equipment.
Moreover, as part of the current Design and Operations Report for the landfill, complete removal of the TWSA is required in order to continue expansion cell construction within the landfill.
To achieve these outcomes Gerdau is applying for an Amendment to ECA No. A390510 to alter the development sequence of their landfill and extend the deadline to remove shredder residue from the TWSA to December 31, 2028. Approximately 323,279 cubic metres of shredder residue remain in the TWSA. Beginning January 1, 2019, Gerdau is able to remove 32,350 cubic metres per year from the TWSA over a 10-year period while further extracting non-ferrous metals from the SR (shredder residue). In order to accommodate this rate of removal, the sequence of future landfill cell construction onsite needs to be altered. All landfill cells in the expansion area are approved under the Environmental Assessment (EA) and Environmental Compliance Approval (ECA) for the site. By adjusting the construction sequence of the approved cells, Gerdau can fully remove material from the TWSA, decommission the TWSA according to the approved Decommissioning Plan, and maintain current site operations.
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.
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
230 Westney Road South
Floor 5
Ajax,
ON
L1S 7J5
Canada
Comment
Commenting is now closed.
This consultation was open from August 29, 2019
to October 13, 2019
Connect with us
Contact
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
0By email
0By mail
1