This consultation was open from:
April 28, 2023
to July 2, 2023
Decision summary
This approval is for an Environmental Compliance Approval with Limited Operational Flexibility (air & noise) for Bird Construction Industrial Services Ltd., a ready-mix concrete plant, located at Part of Lot 4, Concession 7 & 8 Township of Buchanan and Part of Lot 3, Concession 8 Village of Chalk River, Ontario.
Location details
Site address
Part of Lot 4, Concession 7 & 8 and Part of Lot 3, Concession 8
Chalk river,
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)
Bird Construction Industrial Services Ltd.
5700 Explorer Drive
Mississauga,
ON
L4W 0C6
Canada
Decision details
This approval is for an Environmental Compliance Approval with Limited Operational Flexibility (air & noise) which replaces all the current Environmental Compliance Approvals for air at this facility and includes the addition of new or historically unapproved sources for all emissions from Bird Construction Industrial Services Ltd., a ready-mix concrete plant, located at Part of Lot 4, Concession 7 & 8 Township of Buchanan and Part of Lot 3, Concession 8 Village of Chalk River, Ontario.
The approval includes all sources at the facility, including:
- one concrete batching plant consisting of four dust collectors
- three storage silos, one propane fuled boiler, material conveyors, and
- various material handling operations, with a production limit of 800 cubic meters of concrete per day
Emissions to the air from this facility, include:
- portland cement
- particulate matter
- nitrogen oxides and other products of combustion
The Environmental Compliance Approval with Limited Operational Flexibility (air) requires that the company demonstrate compliance on an ongoing basis with Ontario Regulation 419/05, applicable Ministry Guidelines for air and noise and other performance requirements as specified in their conditions. It permits modifications such as process changes, de-bottlenecking or addition of new equipment subject to limits on operational flexibility that include a production limit for the facility to be specified on the Environmental Compliance Approval with Limited Operational Flexibility (air).
The limited operational flexibility conditions have an expiry date. The company will be required to make application for amendment at that time to renew these conditions. Of specific public interest, one condition that will be included on the Environmental Compliance Approval with Limited Operational Flexibility (air) will require the company to make available, at all times, at the facility for inspection by interested members of the Public, a table (emission summary table) that documents the facility's compliance with Ontario Regulation 419/05.
Comments received during the review of the application were consistent with concerns within the ministry and, as a result, terms and conditions were added. The applicant has demonstrated that when operated in accordance with this approval, the air and noise emissions from the approved equipment would be in compliance with this ministry’s applicable acts, regulations and guidelines, specifically, s. 9 of the Environmental Protection Act, Ontario Regulation 419/05: Air Pollution - Local Air Quality and noise guidelines, including ministry air quality standards and guidelines.
In order to ensure ongoing compliance with applicable standards, the applicant is required to perform the following actions as Conditions of the ECA:
- implement and update, the proposed Best Management Practices Plan (BMPP) to control fugitive dust emissions and collect site specific data (silt loading, moisture contents) as per MECP Technical Bulletin, summarizing the progress on the implementation of the BMPP for that year;
- develop and implement detailed complaint response procedure for recording, investigating and adequately addressing complaints
Effects of consultation
Comments received during the review of the application were consistent with concerns within the ministry and, as a result, terms and conditions were added. The applicant has demonstrated that when operated in accordance with this approval, the air and noise emissions from the approved equipment would be in compliance with this ministry’s applicable acts, regulations and guidelines, specifically, s. 9 of the Environmental Protection Act, Ontario Regulation 419/05: Air Pollution - Local Air Quality and noise guidelines, including ministry air quality standards and guidelines.
In order to ensure ongoing compliance with applicable standards, the applicant is required to perform the following actions as Conditions of the ECA:
- implement and update, the proposed Best Management Practices Plan (BMPP) to control fugitive dust emissions and collect site specific data (silt loading, moisture contents) as per MECP Technical Bulletin, summarizing the progress on the implementation of the BMPP for that year;
- develop and implement detailed complaint response procedure for recording, investigating and adequately addressing complaints
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 June 3, 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)
Bird Construction Industrial Services Ltd.
5700 Explorer Drive
Mississauga,
ON
L4W 0C6
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 an Environmental Compliance Approval with Limited Operational Flexibility (air & noise) which replaces all the current Environmental Compliance Approvals for air at this facility and includes the addition of new or historically unapproved sources for all emissions from Bird Construction Industrial Services Ltd., a ready-mix concrete plant, located at Part of Lot 4, Concession 7 & 8 Township of Buchanan and Part of Lot 3, Concession 8 Village of Chalk River, Ontario.
The proposal includes all sources at the facility, including:
- one concrete batching plant consisting of four dust collectors,
- three storage silos, one propane fuled boiler, material conveyors, and
- various material handling operations, with a production limit of 800 cubic meters of concrete per day
Emissions to the air from this facility, include:
- portland cement,
- particulate matter,
- nitrogen oxides and other products of combustion
The Environmental Compliance Approval with Limited Operational Flexibility (air) requires that the company demonstrate compliance on an ongoing basis with Ontario Regulation 419/05, applicable Ministry Guidelines for air and noise and other performance requirements as specified in their conditions. It permits modifications such as process changes, de-bottlenecking or addition of new equipment subject to limits on operational flexibility that include a production limit for the facility to be specified on the Environmental Compliance Approval with Limited Operational Flexibility (air).
The limited operational flexibility conditions have an expiry date. The company will be required to make application for amendment at that time to renew these conditions. Of specific public interest, one condition that will be included on the Environmental Compliance Approval with Limited Operational Flexibility (air) will require the company to make available, at all times, at the facility for inspection by interested members of the Public, a table (emission summary table) that documents the facility's compliance with Ontario Regulation 419/05.
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
Comment
Commenting is now closed.
This consultation was open from April 28, 2023
to July 2, 2023
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
11By email
25By mail
0