This consultation was open from:
January 15, 2020
to February 29, 2020
Decision summary
We have issued the Director’s Order to 531322 Ontario Limited, operating as Nickel Lake Lumber Wood Waste Disposal site in Fort Frances, Ontario, to ensure financial assurance obligations are met to bring the site into compliance, and to help ensure environmental protection for the long-term.
Location details
Site address
Trans Canada Highway 11
Fort Frances,
ON
P9A 2M1
Canada
Site location details
Nickel Lake Lumber sawmill operation 20 km east of Fort Frances on Highway 11
Lot 6, Concession 3
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)
531322 Ontario Limited operating as Nickel Lake Lumber Wood Waste Disposal Site
913 Crowe Avenue
Fort Frances,
ON
P9A 2M1
Canada
Decision details
We issued the Director’s Order #7227-BA6K4C to 531322 Ontario Limited o/s Nickel Lake Lumber Wood Waste Disposal Site on April 7, 2020 as proposed.
The order has subsequently been amended to change the compliance date for financial assurance to December 31, 2020 on June 30, 2020.
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 July 16, 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:
- 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)
531322 Ontario Limited operating as Nickel Lake Lumber Wood Waste Disposal Site
913 Crowe Avenue
Fort Frances,
ON
P9A 2M1
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
Lisa Brygidyr
435 James Street South
3rd Floor, Suite 331B
Thunder Bay,
ON
P7E 6S7
Canada
Original proposal
Proposal details
Nickel Lake Lumber operates a sawmill operation located on Highway 11, east of the Town of Fort Frances. As part of the operation, a four-hectare wood waste disposal site was established on the edge of the site. The Nickel Lake wood waste disposal is owned/operated by 531322 Ontario Limited. Kendall Bruce Lundy is the sole director of 531322 Ontario Limited and exercises establishment, management and control over activities at the site.
The ministry issued an Environmental Compliance Approval (ECA) for the Nickel Lake Lumber wood waste disposal site on March 3, 2000. The site was approved to accept 100% solid non-hazardous waste limited to wood wastes with a total volume of 40,000 cubic meters. An amended ECA was issued in June 2005, with a condition requiring $50,000 in financial assurance be provided to the ministry in accordance with a payment plan outlined in the site’s amended approval. The payment plan was agreed to by the owner/operator and required yearly payments of $10,000 be paid by March 31st of each year. The owner/operator failed to make yearly financial assurance payments in accordance with the payment plan.
Financial assurance re-evaluations are required to be submitted on an annual basis. The ministry has not received a financial assurance re-evaluation since 2005.
In 2014, the ministry inspected the site and identified various concerns related to compliance with the site approval. During the period between 2014 and 2018, several deficiencies were also identified through inspections done by the ministry, including the provision of $50,000 in financial assurance, a financial assurance re-evaluation, submission of an annual report, monitoring, etc. A copy of the inspection reports and findings were sent to the owner.
None of the inspection items have been addressed by the owner/operator of the site and although the owner/operator has made some financial assurance payments, the total amount required to be paid remains outstanding.
On January 19, 2019 the ministry issued a Notice of Violation for failure to comply with the requirements of an inspection and for non-compliance with conditions of an ECA.
In July 2019, the ministry conducted another inspection of the Nickel Lake Lumber site and determined that the financial assurance obligations, as required by the ECA, remains outstanding. The owner/operator was advised by the ministry that the amount of outstanding financial assurance for the site was $30,000.
If an owner of a site cannot provide the required financial assurance due to financial hardships or other circumstances, the ministry may consider other options, such as a payment plan.This type of arrangement has been considered for other sites in Ontario. The ministry is willing to consider alternate arrangements for the Nickel Lake Lumber Wood Waste site, but the owner/operator has not provided any supporting documentation necessary to proceed in this regard.The site continues to actively operate and accept waste.
In order to protect the natural environment and to prevent, decrease or eliminate adverse effects it is important that the work described in this order be undertaken.
The proposed conditions of the order are related to the appropriate ministry Environmental Compliance Approval and Financial Assurance requirements.The conditions include, but are not limited to, the named parties undertaking the following actions in accordance with the identified timelines:
- Within 28 days of the service date of the order, deliver to the ministry’s Financial Assurance Program Coordinator, the amount required of $30,000 as specified by the site Environmental Compliance Approval (ECA), which is the outstanding payment of the total amount of Financial Assurance required.
- Within 28 days of the service of this Order, deliver to the ministry’s Financial Assurance Program Coordinator, a financial assurance re-evaluation in accordance with the site ECA and the ministry FA guideline F-15.
- Effective immediately and before dealing with the site in anyway, provide a copy of the order to every person who has or will acquire an interest in the site, post a copy of the order in a visible place, and report any significant change in operation, ownership, or legal status of the facility.
Lack of financial assurance poses a financial risk to the Crown and the public, as funds are required to be set aside in the event that future clean-up and remediation is needed. Financial Assurance provides sufficient funds for closure and long-term post closure maintenance, monitoring, reporting and care of the site. It can be provided in one or more forms of cash, irrevocable letter of credit, surety bond, or some other form satisfactory to the ministry.
Additional background information can be found in the link to the draft Director’s Order.
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 January 15, 2020
to February 29, 2020
Connect with us
Contact
Lisa Brygidyr
435 James Street South
3rd Floor, Suite 331B
Thunder Bay,
ON
P7E 6S7
Canada
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