Continental Imperial Exploration Ltd. - Order to prevent discharge of contaminants

Instrument type: Order to prevent discharge of contaminants

ERO number
019-1800
Ministry reference number
8363-BPMJK6
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Proposal Updated
Proposal posted
Comment period
May 20, 2020 - July 4, 2020 (45 days) Closed
Last updated

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Update Announcement

A decision for this proposal has been published as a Bulletin under ERO 019-1790 on September 22, 2020.

This consultation was open from:

May 20, 2020
to July 4, 2020

Proposal summary

The director is considering the issuance of an order under the Environmental Protection Act to former owners of 152/153 Shanley Street, regarding the presence of trichloroethylene (TCE) on site with the potential to discharge contaminants to the natural environment which may cause an adverse effect.

Location details

Site address

152/153 Shanley Street
Kitchener, ON
Canada

Site location details

Legal Description:

Lot 447-448 Plan 376 Kitchener; Part Lot 446 Plan 376 Kitchener Part 1 WER150; Kitchener, being all of PIN: 22326-0146 (LT).

Site location map

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

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Proponent(s)

Continental Imperial Exploration Ltd.
279 Castlefield Ave.
Waterloo, ON
N2L 3M4
Canada

Mr. Andrew Spylo
245 Victoria Street North
Kitchener, ON
N2H 5C9
Canada

Why consultation isn't required

On April 1, 2020, the Ontario Government made a temporary regulation to respond to the COVID-19 outbreak. Ontario Regulation 115/20 exempts all proposals for policies, acts, regulations and instruments from posting requirements under the EBR until 30 days after the declared emergency is terminated.

Proposal details

Rationale for the Director's Order

Due to historic operations at 152/153 Shanley Street, soil and groundwater on the property has elevated levels of metals, petroleum hydrocarbons and volatile organic compounds. The primary contaminant of concern off-site is trichloroethylene (TCE).

Due to a lack of remedial efforts by the responsible parties, the ministry issued a provincial officer’s order in April 2007. To date, the order has not been complied with.

In the absence of action by the responsible party, the ministry has undertaken investigative work at the site.

Environmental studies completed to date have found that off-site contamination is unlikely to impact nearby residents, but to ensure that residents remain protected, the ministry intends to issue a new Director’s Order requiring the former owner of the property to complete additional work.

Environmental Protection Act references:

The following sections of the Environmental Protection Act permit us to issue this order:

  • Preventive measures (Section 18)
  • Orders, consequential authority (Section 196(1))

What the Order requires:

A summary of the key requirements of the order includes, but is not limited to, the following:

  1. Retain a competent and qualified consultant(s) to prepare and complete the work specified in the order.
  2. Submit monthly written status reports to the director.
  3. Complete an evaluation of the existing off-site groundwater monitoring well network along with the existing soil vapour probes.
  4. Submit to the director a proposed plan to to upgrade, replace and/or abandon the monitors/probes as necessary as well as a proposed groundwater, soil vapour and residential indoor air monitoring program.
  5. Upon approval from the director, implement the proposed work plan and monitoring programs.
  6. Submit to the director annual and biannual reports as required.
  7. Prepare and submit to the director a proposed remedial action plan.

Supporting materials

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Comment

Commenting is now closed.

The comment period was from May 20, 2020
to July 4, 2020

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