This consultation was open from:
June 30, 2022
to August 14, 2022
Decision summary
We issued an Environmental Compliance Approval to King and Benton Canal Bank Regeneration Lands Inc. to permit resource recovery operations at the former Union Carbide landfill located at 65 Canal Bank Street in Welland, Ontario. The approval will permit the company to reclaim and store valuable graphite waste historically disposed in the landfill.
Location details
Site address
65 Canal Bank Street
Welland,
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)
King & Benton Canal Bank Regeneration Lands Inc.
65 Canal Bank Street
Welland,
ON
L3B 5R8
Canada
Decision details
The former Union Carbide manufacturing facility operated as far back as 1907 until it is was closed in 1999. The owners of the landfill, King & Benton Canal Bank Regeneration Lands Inc. (the "Company"), has identified large quantities of graphite waste which has the potential to be reused in other applications, including in electric vehicle battery manufacturing. The Environmental Compliance Approval for a Waste Disposal Site ("ECA") we have issued provides terms and conditions under which the landfill can be excavated for the recovery and storage of the material previously disposed.
The ECA issued permits only the following activities:
- test-pit drilling
- excavation into the landfill footprint to extract and stockpile commingled waste
- processing of waste to separate the commingled waste into recoverable waste streams (wood, concrete, slag, waste graphite)
- mechanical sorting and screening of graphite waste into various sizes
- stockpiling of waste
- re-depositing residual waste in the landfill
- re-establishing 30 metres buffer around the footprint of the landfill
- gradual closure of landfill
The company are not proposing to receive any waste for transfer, processing and/or disposal from off-site or to process any waste other than graphite waste as part of the resource recovery operations taking place on the landfill subject property.
Note: the company also requires an environmental compliance approval under section 9 of the EPA for air and noise emissions related to the processing/sorting of graphite waste. The application is still under review.
To support the ECA application, the Company prepared and submitted a technical Resource Recovery Plan ("RRP") detailing plans and procedures to be undertaken as part of the resource recovery operations and the mitigative measures to be taken during those operations. The ministry reviewed the RRP and all other supporting documentation and have ensured, through the terms and conditions of the ECA, that the program is operated in a manner which does not present a potential hazard to the health and safety of the public and the environment.
The ministry reviewed the application in consideration of the potential impacts from the operation. Potential environmental impacts from the resource recovery processing operations include those from noise and dust. Potential environmental impacts from the landfill reclamation operations include impacts from exposed waste and potential contamination to surface water and groundwater. The ministry has ensured through the terms and conditions of the ECA that:
- the environmental monitoring program will be conducted to ensure no unacceptable changes to groundwater and surface water quality
- appropriate trigger criteria and contingency plans are established and implemented prior to commencement
- all other approvals for air and noise and industrial sewage are obtained prior to commencement
- residual waste being deposited back into the landfill does not result in an expansion of the site's approved capacity
- financial Assurance is provided
- a complaint response procedure is in place
- detailed record keeping and reporting is conducted
- restrictions remain on the site's contaminant attenuation zone
- landfill reclamation, waste processing and storage, and landfill closure are all conducted in a manner that minimizes the potential for environmental impacts
Effects of consultation
No comments were received by the Ministry for consideration.
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.
301 St Paul Street
Floor 9, Suite 15
St Catharines,
ON
L2R 7R4
Canada
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from January 10, 2024 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)
King & Benton Canal Bank Regeneration Lands Inc.
65 Canal Bank Street
Welland,
ON
L3B 5R8
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 to amend Environmental Compliance Approval (waste disposal site) No. A120412 for King & Benton Canal Bank Regeneration Lands Inc. for the Canal Bank Street Landfill, a 19.3 hectare landfilling site located at 65 Canal Bank Street in the City of Welland, Regional Municipality of Niagara, Ontario.
The site can receive solid non-hazardous waste generated within the 65 Canal Bank Street property.
This amendment is to undertake material (resource) recovery activities from the existing landfilling area. Materials in the landfill with commercial value will be separated and sold to off-site consumer for beneficial reuse and recycling. Resource recovery involves excavating waste and sorting it on-site at a rate of 2,000 tonnes per day using excavators and screening plant.
Up to 35,000 cubic metres of recovered graphite will be stockpiled on-site for future sale to:
- manufacturers
- off-site processing facilities
Other recoverable materials will be shipped directly to appropriate off-site consumers as it is recovered. Residual materials with no commercial value will be returned to the landfill.
Following waste excavation the landfill will be reconfigured to provide at least a 30 metre buffer and stable waste slopes. The resource recovery activities will take place between 7 a.m. and 5 p.m. Monday through Friday over a five-year period. The site is to serve the Province of Ontario.
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 Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Comment
Commenting is now closed.
This consultation was open from June 30, 2022
to August 14, 2022
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
0By email
0By mail
0