Northern Disposal and Sanitation - Environmental Compliance Approval (waste)

Upon a file review, the ministry determined that it had not posted a notice of decision on this matter after issuing the approval.

Posting the decision notice at this time does not affect the validity of the approval or the public’s right to seek leave to appeal the decision.

The location information in this decision notice has been updated to correct an error in the proposal notice.

Site details

Site location: 878 Highway 592, Emsdale, Township of Perry, District of Parry Sound
Application type: new
Total useable area: 5 hectares
Type of disposal: 12 dewatering trenches

Regulatory framework

Hauled sewage disposal sites are regulated through waste Environmental Compliance Approvals (ECAs) issued under Part II.1 of the Environmental Protection Act.

This proposal is not subject to the Environmental Assessment Act.

Considerations undertaken by the director in reaching a decision

In its review of the application for the hauled sewage disposal site at 878 Highway 592 in Emsdale (the “Application”), the ministry conducted a thorough review of the Application and, considered the following in making its decision, on March 11, 2020, to issue ECA number 19-NOR-97288 .

Potential for impacts to groundwater and surface water quality

The company is required to follow the terms and conditions of ECA number 19-NOR-97288. When these conditions are followed, impacts to human health or the environment are not expected.

In reviewing the application for an ECA, the local site conditions were 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).

As a result of the ministry’s review of the local site conditions, the ministry developed terms and conditions in ECA number 19-NOR-97288 which specify how the operations at the site must take place. The terms and conditions include mandatory minimum setback distances from sensitive features, along with limits on how much waste can be disposed of, and how/when it can be disposed.

The ministry is aware of the nearby sensitive features surrounding the hauled sewage site, and reviewed setback distances for all features identified by the company within the application. The ministry considered the information, and imposed terms and conditions in the ECA requiring appropriate set back distances be maintained from these features.

The ministry also considered potential impacts from runoff/leachate. Based on review of information submitted in the application, and input from ministry experts, hauled sewage disposal is not anticipated to create off-site impacts from runoff or leachate if undertaken in accordance with the ECA conditions.

All hauled sewage disposal applications also go through source protection screening. For applications flagged as a “significant drinking water threat” under the Clean Water Act, 2006 the ministry will not issue an approval for the disposal of untreated hauled sewage on land. The ministry completed a source protection screening for the application, and it was determined to be a “low drinking water threat” and was considered suitable for disposal of hauled sewage, with conditions.

Potential for impacts related to odours, noise, and truck traffic

Due to the nature of hauled sewage operations, some level of odour, noise and truck traffic is expected. However, the company is required to ensure that no unnecessary off-site effects such as vermin, vectors, odour, dust, litter, noise and traffic result from the disposal of hauled sewage. The ministry conducts various compliance and enforcement activities to ensure that hauled sewage is disposed of in accordance with ministry requirements, which can include conducting inspections at approved sites to assess compliance with legislative requirements, and terms/conditions imposed by ECAs; and responding to reports of pollution or other incidents (such as noise, odors and dust) resulting from the storage, transport or disposal of untreated hauled sewage.

Summary of approval

Terms and conditions in the ECA number 19-NOR-97288 require the applicant to design, construct and operate the site in accordance with specified standards, such as maximum volumes that can be put in a trench, rotating the use of the trenches, ensuring trenches have a rest period and cleaning residuals from the trenches on a regular basis.

The ECA also includes conditions to develop and follow spill response procedures, train staff and maintain records. The ECA also includes the following operational requirements:

Prior to operating at the site, the company shall develop written procedures covering the following:

• spill prevention and cleanup when they occur
• procedures for reporting to the ministry, and municipal authorities as required in the event a spill occurs at the site
• complaint procedures for receiving, documenting and responding to public complaints, including what steps the company took to determine the cause of the complaint and what corrective measures were taken to alleviate the cause and prevent its recurrence
• a list of the personnel responsible for waste disposal operations at the site
• a list of equipment, material and personnel that will be available to deal with spills

The company shall ensure that all personnel involved in the operation of the site are aware of the requirements of the ECA 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.

Dewatered sludge removed from the trenches is to be disposed of at a site approved to receive material of this type for disposal.

A closure plan must be developed for the site and the site must be closed in accordance with the plan.

The following types of monitoring conditions are required, and are detailed within the ECA:

• groundwater quality and water level sampling – May, July and October
• surface water quality sampling – May, July, and October
• raw sewage sampling within the Active Disposal Trench – May, July and October

Financial Assurance will not be required at this site since dewatered hauled sewage will not be disposed of on-site. Once dewatered, sludge is required to be removed from the site and disposed of at a location approved to receive such material.

This approval was issued without an expiry date since it requires extensive surface water and groundwater monitoring and the submission of an annual report. The ministry reviews the monitoring data and can address environmental impact concerns through abatement actions or through amendments to the terms and conditions of the ECA itself (up to and including revoking the approval).

Other

Subsequent to issuing this approval (and after the EBR comment period had ended), the ministry received comments outlining concerns relating to the ECA. The ministry reviewed these comments and the concerns raised in them outside of the formal EBR public consultation process.

Included in these comments were environmental and human health concerns over possible impacts of the activity on nearby sensitive areas, wells, surface water and groundwater, as well as odors. These comments were considered more deeply, and it was determined that they had been sufficiently addressed during the ministry’s review and assessment, and approval of the ECA, details of which are provided above.

Additional comments received highlighted concerns relating to the application process, municipal zoning, and impacts of the undertaking on property values. These comments were considered, and determined to be out of scope.

Comments were also received identifying errors in the original ERO proposal posting, which have been corrected within this decision notice, as noted above.

If you would like a copy of the approval, please contact the individual listed under "Connect with us".

Prior to the disposal of hauled sewage, the company is responsible for ensuring that all necessary approvals, licences or permits are acquired, including from the local municipality, conservation authority, MNRF and OMAFRA.