Peters Crushing & Recycling Inc. - Environmental Compliance Approval (air)

Instrument type: Environmental Compliance Approval (air)

ERO number
019-3235
Ministry reference number
7706-BVGL6A
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
March 3, 2021 - April 17, 2021 (45 days) Closed
Last updated

This consultation was open from:
March 3, 2021
to April 17, 2021

Decision summary

We issued an Environmental Compliance Approval to Peters Crushing & Recycling Inc. for the operation of a mobile combined crushing and screening plant, equipped with one crusher, one screen deck and a return conveyor, and three stack conveyors attached to the plant during operations.

Location details

Site location details

Mobile Facility

Proponent(s)

Peters Crushing & Recycling Inc.
3976 Bowen Road
Fort Erie, ON
L0S 1S0
Canada

Decision details

We issued an Environmental Compliance Approval to Peters Crushing & Recycling Inc., for the operation of a mobile combined crushing and screening plant, equipped with:

  • one crusher
  • one screen deck and a return conveyor.

There are three stack conveyors attached to the plant during operations.

The equipment will be used to process aggregate throughout the Province of Ontario and can potentially operate:

  • 24 hours per day
  • seven days per week
  • 52 weeks per year

Comments received

Through the registry

2

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

Two electronic comments were received.

In general, the commenters expressed the need for protection of the surrounding community impacted by the facility's operations, as well as impacts from dust and to groundwater. Further, the commenters also expressed concerns regarding noise impacts and municipal by-law compliance.

The ministry considered these comments during the review.

  • The applicant has demonstrated compliance with applicable ministry air and noise limits, subject to maintaining separation distances and in some case noise control measures.
  • The ECA contains relevant terms and conditions such as proper operation and maintenance which will help prevent adverse effects to the surrounding environment.
  • the ECA contains conditions which require the applicant to provide effective dust suppression to minimize impacts from the same.
  • Areas which were outside the purview of this application such as municipal by-laws were not considered. Potential impacts to groundwater would be mitigated through other ministry programs such as source water protection. The proponent is still prohibited from causing and adverse effect under s. 14 of the Environmental Protection Act.

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 November 18, 2021 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
Neryed Ragbar
Manager (A) Air Approvals

Environmental Permissions Branch
135 St Clair Avenue West
Floor 3
Toronto, ON
M4V 1P5
Canada

437 776 8348

Proponent(s)

Peters Crushing & Recycling Inc.
3976 Bowen Road
Fort Erie, ON
L0S 1S0
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
019-3235
Ministry reference number
7706-BVGL6A

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
019-3235
Ministry reference number
7706-BVGL6A
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

March 3, 2021 - April 17, 2021 (45 days)

Proposal details

This proposal is for a new Environmental Compliance Approval (air), for Peters Crushing & Recycling Inc., for the operation of a mobile combined crushing and screening plant, equipped with one crusher, one screen deck and a return conveyor.

There are three (3) stack conveyors attached to the plant during operations.

The equipment will be used to process aggregate throughout the Province of Ontario and can potentially operate 24 hours per day, seven days per week, and 52 weeks per year.

Contaminant emissions to the atmosphere include

  • total suspended particulate
  • benzo(a)pyrene
  • sulphur oxides
  • products of combustion such as nitrogen oxides

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 March 3, 2021
to April 17, 2021

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