This consultation was open from:
September 3, 2021
to October 18, 2021
Decision summary
We issued an Environmental Compliance Approval for a waste disposal site to Nexcycle Industries Ltd. to allow for the ongoing operation of a glass recycling facility located in Puslinch, Ontario.
Location details
Site address
50 McLean Road West
Puslinch,
ON
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)
Nexcycle Industries Ltd
50 McLean Road
R.R. 3
Guelph,
ON
N1H 6H9
Canada
Decision details
The Environmental Compliance Approval permits the receipt, handling, storage, processing and transfer of glass waste received from a variety of municipal, commercial and industrial sources.
Approved waste processing and management activities include:
- mechanical sorting and crushing of unprocessed and commingled glass waste
- stockpiling and transfer of residual waste offsite
The site is approved for indoor and outdoor storage and also operates under separate Environmental Compliance Approvals for:
- air
- noise
- industrial sewage
The terms and conditions of the Environmental Compliance Approval for a waste disposal site will ensure that waste is managed in a manner which is protective of the health and safety of the environment and public.
The ECA for a waste disposal site can be found below and includes terms and conditions requiring:
- a complaint response procedure
- record keeping and reporting requirements
- daily inspection and housekeeping requirements
- maximum waste receiving and storage capacities
- financial assurance
- staff training
- responsible site closure
- best management practices be employed in the operation of the site
Effects of consultation
One comment was received for consideration by the ministry from the local source water protection agency.
The comment was considered as part of the technical review of the application, but did not have any impact on the terms and conditions of the Environmental Compliance Approval issued.
The comment received by the agency may be considered in any future applications that may be submitted by the company.
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.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from May 11, 2023 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
Start the process to appeal
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)
Nexcycle Industries Ltd
50 McLean Road
R.R. 3
Guelph,
ON
N1H 6H9
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
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
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
This proposal is for a new Environmental Compliance Approval (ECA) (waste disposal site – processing and transfer) with Limited Operational Flexibility (LOF) for an existing waste transfer and processing facility, located at 50 McLean Road West, Township of Puslinch, County of Wellington, Ontario. The facility is applying to receive, store, transfer, and process glass that will be crushed for use in the production of fiberglass, new bottles, and other beneficial products.
LOF for a waste disposal site provides a company with flexibility to make changes to defined aspects of the site’s operations without a requirement to make an application for amendment. It includes conditions that describe the scope within which the changes can be made. It allows industry to plan and to make changes to their facilities in a timely manner and reduce the delays associated with the traditional approvals process.
LOF incorporates additional conditions to ensure that the ministry is kept informed of the continued site operations, that the company remains in compliance with legislative requirements and that the environment is not adversely affected. The extent to which operational flexibility is permitted by the ECA for a waste disposal site is contained within an engineer’s report provided by the proponent.
This proposal is for the continued use and operation of an existing waste disposal site operating 24 hours per day, seven days per week, serving Canada and the United States of America (US). The facility is used for the following:
- the temporary storage and processing of waste glass materials
- the site may receive, process, a maximum of 1,520 tonnes of waste in any one day up to a maximum of 365,000 tonnes annually; an average of 575 tonnes per day
- the temporary storage of materials will be limited to 28,967 tonnes of waste at any one time in phase 1 with the possibility to expand that capacity by 20,000 tonnes to 48,967 tonnes in phase 2
- the typical residual waste disposal quantity is 154 tonnes per day with an annual maximum of 76,650 tonnes
The engineer's report also allows for modifications to site equipment under the LOF of the ECA, including:
- modifications or repairs to the facility including walls, floors, pits, roof, doors, plumbing, electrical etc.
- addition or replacement of equipment for use on the site
- the installation or replacement of transfer/processing equipment
- modification or relocation of processing equipment and/or maintenance operations inside the facility footprint
The following modifications to the waste disposal site are not permitted under the proposal:
- the ability to extend the physical size of the waste disposal site (i.e. add property)
- the ability to change the type of waste that can be received at the site
- the ability to increase the maximum rate of materials that may be received
- the ability to increase the total mass of material stored at the site
- any modification to the waste disposal site that requires a change to the engineer’s report
- any modification to the waste disposal site that is subject to the Environmental Assessment 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.
Comment
Commenting is now closed.
This consultation was open from September 3, 2021
to October 18, 2021
Connect with us
Contact
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
1By email
0By mail
0