Optimum Environmental Corp. - Environmental Compliance Approval (waste)

Instrument type: Environmental Compliance Approval (waste)

ERO number
019-0877
Ministry reference number
3778-BGJRQR
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
November 14, 2019 - December 29, 2019 (45 days) Closed
Last updated

This consultation was open from:
November 14, 2019
to December 29, 2019

Decision summary

Optimum Environmental Corp. in Toronto, has withdrawn their request to increase approved receiving limits and storage capacity. We have approved requests to install a second scale house, inbound queuing lane and limited operations during non-receiving hours to allow for more efficient management of on-site traffic and inbound and outbound vehicles.

Location details

Site address

109 Ingram Drive
Toronto, ON
M6M 2L6
Canada

Site location map

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

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Proponent(s)

Optimum Environmental Corp.
109 Ingram Drive
Toronto, ON
M6M 2L7
Canada

Decision details

Optimum Environmental Corporation (Applicant) withdrew the request to increase the Site's receiving limits and storage capacity. As a result, the Site's capacity and receiving limits remain unchanged at 599 tonnes per day receiving and storage of 799 tonnes of waste. Outdoor operations are restricted with the exception of limited storage of segregated brick, concrete, asphalt and wood in designated bunkers.

The Ministry of the Environment, Conservation and Parks have approved the installation of a second scale house and inbound truck queuing lane, which were also requested in the application.

The Applicant revised its request for 24-hour operation. The Site is currently approved to operate between the hours of 3 a.m. to 12 a.m. (21 hours/day). The Applicant revised the request to the loading and dispatching of up to six (6) trucks between the non-operational hours of 12 a.m. and 3 a.m. to improve operating efficiency at the Site and keep waste from remaining on Site longer than necessary. This request was granted.

Comments received

Through the registry

23

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

Comments received through the posting on the Environmental Registry all shared concerns with increased traffic, odours, noise and litter associated with the increase in receiving limits and storage capacity. The ministry shared similar concerns and determined that insufficient information was provided with the application to address the concerns. As a result, the Applicant withdrew these requests from the application. The Applicant revised the request for 24/7 operation to allow for indoor loading and subsequent dispatching of up to six (6) trucks during the non-receiving hours of 12 a.m. to 3 a.m. The Site is currently permitted to operate between 3 a.m. to 12 a.m.

Some concerns were also raised regarding inappropriate zoning of the facility however the Applicant provided confirmation from the City of Toronto that the operation is a permitted use on the property. Changes to the zoning of this property are outside the jurisdiction of the ministry and the scope of our review of the 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.

How to Appeal

This instrument decision can be appealed. You have 15 days from August 20, 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)

Optimum Environmental Corp.
109 Ingram Drive
Toronto, ON
M6M 2L7
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
019-0877
Ministry reference number
3778-BGJRQR

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
019-0877
Ministry reference number
3778-BGJRQR
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

November 14, 2019 - December 29, 2019 (45 days)

Proposal details

This proposal is to amend Environmental Compliance Approval No. 7416-5RFKL9 for Optimum Environmental Corp., for a 2.5 hectare indoor non-hazardous solid waste transfer and processing facility located in the City of Toronto, Ontario.

The facility accepts solid non-hazardhous waste including institutional, commercial and industrial, and construction and demolition waste.

The amendment is for an increase in the amount of incoming waste from 1,200 tonnes per day to 2,400 tonnes per day, with a maximum on-site indoor storage capacity of 5,200 tonnes. The facility operates 24 hours per day, 7 days per week.

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 November 14, 2019
to December 29, 2019

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