This consultation was open from:
July 22, 2020
to September 5, 2020
Decision summary
The ministry has accepted the risk assessment for the Amherstburg Land Holdings Limited property at 381 Front Road in Amherstburg. The director has issued Order No. 2725-BTHNEE which requires the implementation of the risk management measures proposed in the risk assessment as well as additional conditions imposed by the director.
Location details
Site address
381 Front Road North
Amherstburg,
ON
N9V 2V5
Canada
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)
Amherstburg Land Holdings Limited
66 Wellington Street West
Suite 4100
Toronto,
ON
M5K1B7
Canada
Decision 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 industrial/commercial property use defined by Ontario Regulation 153/04, made under the Environmental Protection Act.
Based on the documents provided to us as part of the risk assessment report, the reviewers can confirm that the risk assessment has been conducted substantially in accordance with Ontario Regulation 153/04: Records of Site Condition - Part XV.1 of the Act, made under the Environmental Protection Act and the associated guidance documents.
The director has issued Order No. 2725-BTHNEE under sections 18, 196 and 197 of the Environmental Protection Act. The Order requires a person who owns the property to undertake actions to prevent or reduce the risk of a discharge of a contaminant into the natural environment from the undertaking or property; or to prevent, decrease or eliminate an adverse effect that may result from the presence or discharge of a contaminant in, on or under the property.
The Order requires the implementation of the risk management measures proposed in the risk assessment as well as additional measures imposed by the director. Requirements under section 197 are also included which require that the Order be registered on the property title and that before dealing with the property in any way, a copy of the Order must be given to any person who will acquire an interest in the property.
The Order requires the implementation and/or maintenance of risk management measures at the site including:
- barriers to site soils including a fill cap or hard cap
- barrier inspection and maintenance program
- potential vapour mitigation systems for new buildings
- groundwater monitoring program
- soil and groundwater management plan
- health and safety plan
- a restriction on the use of groundwater for consumption
- property use restrictions
- reporting requirements
A copy of the Order No. 2725-BTHNEE is attached to this notice.
Public consultation on the proposal for this decision was provided for 45 days from July 22 to September 5, 2020. No comments were received. The director, after consultation with the environmental consultant and legal counsel for the proponent, owner of the property, made some changes to the Order and Schedule ‘B’ of a formatting and editorial nature to reflect the current ministry practice.
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 October 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:
- 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)
Amherstburg Land Holdings Limited
66 Wellington Street West
Suite 4100
Toronto,
ON
M5K1B7
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
Lane Chevalier
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 industrial/commercial property use defined by Ontario Regulation 153/04, made under the Environmental Protection Act.
The ministry’s review of the risk assessment involved the following reports, documents and information/correspondence:
- “Amherstburg Land Holdings Limited, Property Risk Assessment”, prepared by CH2M Hill Canada Limited, dated September 2016
- “Amherstburg Land Holdings Limited, Property Risk Assessment”, prepared by CH2M Hill Canada Limited, revised October 2018
- “Amherstburg Land Holdings Limited, Property Risk Assessment”, prepared by CH2M Hill Canada Limited, revised August 2019
- “FW: Amherstburg Land Holdings Limited Supporting Information for CPU – 381 Front Road North, Amherstburg, Ontario” e-mails received from James Kroetsch, Jacobs (formerly CH2M), received by the ministry on November 18, 2019 and April 23, 2020 with the following documents attached:
- WeirFoulds Letter for ALHL CPU – Amherstburg Si…pdf
- B001 Vesting Order dated April 7, 2011 and registered as Instrument Nos...pdf
- PIN 01544-1367 (LT) updated November 14, 2019.pdf
- PIN 01544-1558 (LT) updated November 14, 2019.pdf
- PIN 01544-1570 (LT) updated November 14, 2019.pdf
- PIN 01544-1571 (LT) updated November 14, 2019.pdf
- PIN 01544-1577 (LT) updated November 14, 2019.pdf
- PIN 01544-1583 (LT) updated November 14, 2019.pdf
- PIN 01544-1690 (R) updated November 14, 2019.pdf
- PIN 01544-2365 (LT) updated November 14, 2019.pdf
- ALHL – Certificate of Compliance-Conformite.pdf
- Amherstburg Land Holdings Limited – Federal Profile.pdf
- Amherstburg Land Holdings Limited – OBN EP profile.pdf
- ALH_RA_2019_PSS_Summary.xlsx
- ALH_RA_ManagementAreas_LegalSurvey_Oct29.pdf
- 12R26451_Pg1_ColCoded.pdf
- 12R26451_Pg2_ColCoded.pdf
Based on the documents provided to us as part of the risk assessment report, the reviewers can confirm that the risk assessment has been conducted substantially in accordance with Ontario Regulation 153/04: Records of Site Condition - Part XV.1 of the Act, made under the Environmental Protection Act and the associated guidance documents.
The director is considering issuing an Order under sections 18, 196 and 197 of the Environmental Protection Act. The Order requires a person who owns the property to undertake actions to prevent or reduce the risk of a discharge of a contaminant into the natural environment from the undertaking or property; or to prevent, decrease or eliminate an adverse effect that may result from the presence or discharge of a contaminant in, on or under the property.
The Order will require the implementation of the risk management measures proposed in the risk assessment and any additional measures included by the Director. Requirements under section 197 are also included which require that the Order be registered on the property title and that before dealing with the property in any way, a copy of the Order must be given to any person who will acquire an interest in the property.
The proposed risk management measures in the Order / CPU include:
- barriers to site soils including a fill cap or hard cap
- barrier inspection and maintenance program
- potential vapour mitigation systems for new buildings
- groundwater monitoring program
- soil and groundwater management plan
- health and safety plan
- a restriction on the use of groundwater for consumption
- property use restrictions
- reporting requirements
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 July 22, 2020
to September 5, 2020
Comments received
Through the registry
0By email
0By mail
0