This consultation was open from:
December 17, 2019
to January 31, 2020
Decision summary
A Certificate of Property Use was issued to 2484224 Ontario Limited for the continued industrial/commercial use of the property located at 325 Eramosa Road in the City of Guelph.
Location details
Site address
325 Eramosa Road
Guelph,
ON
N1E 2N1
Canada
Site location details
Part of Lot 7, Plan 128.
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)
2484224 Ontario Limited
77 Teal Drive
Guelph,
ON
N1C 1G4
Canada
Decision details
Certificate of Property Use (CPU) No. 3872-BFEMDL was issued to 2484224 Ontario Limited on February 28, 2020.
The CPU requires the instrument holder to ensure that the following key measures are undertaken:
- maintaining the existing barriers (paved parking lot and existing building) and installing, inspecting and maintaining any new hard cap and or soil cap barriers on the area of the property identified in the attached Schedule ‘A’: Figure 2 – Area of the Property that Requires Risk Management Measures (Figure 2) as per Section 4.2 (a), 4.2 (c) and 4.2 (h) of the CPU
- prohibiting the movement of sub surface soil to shallower depths on the area of the property identified in Figure 2 where it is intended to stay on the property as surface soil as specified in Section 4.2 (b) of the CPU
- implementing a confirmatory sub-slab vapour monitoring program within the existing building as specified in Section 4.2 (i) of the CPU
- prohibiting the construction of any building (s) on area of the property identified in Figure 2 unless the new building(s) is constructed as specified in Section 4.2 (j) of the CPU
- preparing and implementing a property specific soil and groundwater management plan during any intrusive activities undertaken on the area of the property identified in Figure 2 potentially in contact with COC's in sub surface soil and groundwater that have been identified in the Risk Assessment at concentrations that exceed the applicable site condition standards as specified in Section 4.2 (n) of the CPU
- preparing and implementing a property specific health and safety plan during any intrusive activities undertaken on the area of the property identified in Figure 2 potentially in contact with COC's in subsurface soil or groundwater that have been identified in the RA at concentrations that exceed the applicable site condition standards as specified in Section 4.2 (o) of the CPU
- prohibiting the use of groundwater in on or under the area of the property identified in Figure 2 as per Section 4.3 of the CPU
- registering a certificate on the property title in accordance with Section 197 of the Environmental Protection Act and that before dealing with the property in any way, a copy of the CPU is to be given to any person who will acquire an interest in the property as per Section 4.7 and 4.8 of the CPU
A copy of the final CPU is attached to this notice.
Effects of consultation
One submission was received online and directly by email from the City of Guelph (the City) outlining their concern with the inclusion of a prohibition on the installation of potable wells on the Property as it relates to the City’s Official Plan. The City also requested an opportunity to review and comment on the proposed soil and groundwater management plan as well as to receive copies of all future soil and groundwater monitoring reports that are to be prepared for this Property. The Director considered the City’s comments and provided a written response on February 27, 2020. The Director’s response is summarized below.
- The risk assessment process is proponent driven. The qualified person, hired by the owner chose to include this particular risk management measure to address contaminants of concern identified on the Property. The owner or any future owner, can make a request to the Director to amend the CPU to allow for the installation of potable wells on the property at any time;
- As per Section 4.2 (j) of the CPU, the soil and groundwater management plan (the Plan) is not required to be submitted to the ministry for review and approval. The key components of the Plan, as deemed necessary by the qualified person, are specified in the CPU and,
- There are no requirements for the owner to complete any additional soil and/or groundwater sampling on this Property as part of the CPU. Any requests for additional reports that have not already been provided to the City as part of the risk assessment process can be requested directly from the owner of the Property or through the ministry’s Freedom of Information Process.
Given the above, no changes were required to be made to the CPU as a result of the City’s submission.
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.
1 Stone Road West
Floor 4
Guelph,
ON
N1G 4Y2
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from March 2, 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)
2484224 Ontario Limited
77 Teal Drive
Guelph,
ON
N1C 1G4
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
Amy Shaw
1 Stone Road West
Guelph,
ON
N1G 4Y2
Canada
Original proposal
Proposal details
A risk assessment was undertaken for this property to establish the risks that the contaminants identified in the risk assessment may pose to future users, and to identify appropriate risk management measures to be implemented to ensure that the property is suitable for the intended use of “industrial” and or “commercial” use as defined by Ontario Regulation 153/04.
The ministry’s review of the risk assessment involved the following reports, documents and information /correspondence:
- Risk Assessment, 325 Eramosa Road, Guelph, Ontario. Prepared by Golder Associates Ltd. dated December 2014
- Risk Assessment - Addendum #1, 325 Eramosa Road, Guelph, Ontario. Prepared by Golder Associates Ltd., dated July 2015
- Email Re: Project No. 13-1185-0157: RA1403-14b, 325 Eramosa Road, Guelph from Theresa Repaso-Subang, Golder Associates Ltd., received by SDB on September 10, 2015, with the following document attached:
- 13-1185-0157 RPT 325 Eramosa RA_2015Sept10
- Revised Risk Assessment (Addendum #2) 325 Eramosa Road, Guelph, Ontario. Prepared by Golder Associates Ltd., dated April 2017
- Email RE: RA1403-14c; 325 Eramosa Rd., Guelph; response to RMP comments missing, from Andrea Amendola, Golder Associates, received by SDB on September 14, 2017, with the following document attached:
- 13-1185-0157 RPT 325 Eramosa RA_2017Sept13
- Risk Assessment (Addendum #3), 325 Eramosa Road, Guelph, Ontario. Prepared by Golder Associates Ltd., dated April 20, 2018
- 325 Eramosa Road, Guelph, Ontario, Response to August 5, 2018 – Notice of Circumstance. Prepared by Golder Associates Ltd., dated January 24, 2019
- Email RE: Risk Assessment for 325 Eramosa Road, Guelph; RA1403-14; IDS#8587-9KXR6Q from Andrea Amendola, Golder Associates Ltd., received by TASDB on May 30, 2019, with the following document attached:
- RA1403-14 Scanned Mand Certs 30 May 2019
Based on the documents provided to the ministry as part of the risk assessment report, the reviewers can confirm that the risk assessment has been conducted in accordance with the Environmental Protection Act, Ontario Regulation 153/04, and the associated guidance documents.
The director provided the proponent with written Notice of the Director’s Decision to accept the risk assessment No. 8587-9KXR6Q relating to the property in accordance with s. 168.5 of the act on June 5 2019.
The director is considering the issuance of a Certificate of Property Use (CPU) in relation to the site. The proposed CPU incorporates the risk management measures proposed in the risk assessment and additional conditions proposed by the director. The proposed CPU is attached to this notice.
All comments will be considered as part of the decision-making by the ministry if they:
- are submitted in writing
- reference both the EBR Registry Number and the ministry Instrument Reference
- are received by the contact person within the specified comment period
No acknowledgement or individual response will be provided to those who comment.
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.
1 Stone Road West
Floor 4
Guelph,
ON
N1G 4Y2
Canada
Comment
Commenting is now closed.
This consultation was open from December 17, 2019
to January 31, 2020
Connect with us
Contact
Amy Shaw
1 Stone Road West
Guelph,
ON
N1G 4Y2
Canada
Comments received
Through the registry
1By email
1By mail
0