Crews Auto Ltd, Charles Crews, Margaret Millington - Order to prevent discharge of contaminants

Instrument type: Order to prevent discharge of contaminants

ERO number
019-7752
Ministry reference number
1-230768005
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
October 16, 2023 - November 30, 2023 (45 days) Closed
Last updated

This consultation was open from:
October 16, 2023
to November 30, 2023

Decision summary

A Director's Order was issued to Crews Auto Ltd, Charles Crews and Margaret Millington requiring the delineation and development of a plan to address contamination originating from 322 Pinnacle St, Belleville, as well as the assessment of indoor air quality in nearby buildings.

Location details

Site address

322 Pinnacle Street
Belleville, ON
K8N 3B4
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Crews Auto Ltd, Charles Crews, Margaret Millington
322 Pinnacle St.
Belleville, ON
K8P 3B4
Canada

Crews Auto Ltd.
322 Pinnacle St.
Belleville, ON
K8P 3B4
Canada

Charles Crews
262 Murray St.
Trenton, ON
K8V 5P4
Canada

Margaret Millington
48 Nicklaus Dr.
Bancroft, ON
K0L 1C0
Canada

Decision details

A Director's Order was issued on December 4, 2023 to Crews Auto Ltd, Charles Crews and Margaret Millington with respect to the property located at 322 Pinnacle St, Belleville. The Order was issued under Sections 18 and 197 of the Environmental Protection Act.

The contaminants of concern that the Director’s Order pertains to are volatile organic compounds, including tetrachloroethylene, which is commonly associated with dry-cleaning operations. The soil and groundwater on site are contaminated with the contaminants of concern at levels that exceed ministry standards, and it is likely that the contamination extends offsite. The contamination poses a potential human health risk to indoor air quality to buildings in the immediate vicinity of the site.

The Director’s Order requires the Orderees, jointly and severally, to undertake actions, which amongst others, include:

  • retain a qualified person to conduct the work required by the Order
  • submit to the Director, for review and acceptance, a detailed work plan to fully delineate the extent of contamination originating from the site and to assess the human health risk from vapour intrusion at all locations on site and in the immediate vicinity of the site
  • upon receipt of the Director’s acceptance of the work plan, implement the plan as accepted
  • prepare and submit a report to the Director detailing actions taken and information collected in implementing the work plan as accepted as well as steps that will be taken to address the impacts from soil and groundwater contamination originating from the site
  • register the Certificate of Requirement on title

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

No comments were received during the comment period. As a result, the order was issued as proposed.

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.

Belleville Area Office
Address

345 College St E
Belleville, ON
K8N 5S7
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 15 days from December 13, 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:

  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
Cathy Chisholm
District Manager

Belleville Area Office
345 College St E
Belleville, ON
K8N 5S7
Canada

1-800-860-2763

Proponent(s)

Crews Auto Ltd, Charles Crews, Margaret Millington
322 Pinnacle St.
Belleville, ON
K8P 3B4
Canada

Crews Auto Ltd.
322 Pinnacle St.
Belleville, ON
K8P 3B4
Canada

Charles Crews
262 Murray St.
Trenton, ON
K8V 5P4
Canada

Margaret Millington
48 Nicklaus Dr.
Bancroft, ON
K0L 1C0
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-7752
Ministry reference number
1-230768005

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
019-7752
Ministry reference number
1-230768005
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

October 16, 2023 - November 30, 2023 (45 days)

Proposal details

This proposal is for a Director’s Order to be issued to Crews Auto Ltd, Charles Crews and Margaret Millington with respect to the property located at 322 Pinnacle St, Belleville. If approved, the Order will be issued under Sections 18 and 197 of the Environmental Protection Act.

The contaminants of concern that the Director’s Order pertains to are volatile organic compounds, including tetrachloroethylene, which is commonly associated with dry-cleaning operations. The soil and groundwater on site are contaminated with the contaminants of concern at levels that exceed ministry standards, and it is likely that the contamination extends offsite. The contamination poses a potential human health risk to indoor air quality to buildings in the immediate vicinity of the site.

The Director’s Order will require the Orderees, jointly and severally, to undertake actions, which amongst others, include:

  • retain a qualified person to conduct the work required by the Order
  • submit to the Director, for review and acceptance, a detailed work plan to fully delineate the extent of contamination originating from the site and to assess the human health risk from vapour intrusion at all locations on site and in the immediate vicinity of the site
  • upon receipt of the Director’s acceptance of the work plan, implement the plan as accepted
  • prepare and submit a report to the Director detailing actions taken and information collected in implementing the work plan as accepted as well as steps that will be taken to address the impacts from soil and groundwater contamination originating from the site
  • register the Certificate of Requirement on title

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.

Belleville Area Office
Address

345 College St E
Belleville, ON
K8N 5S7
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from October 16, 2023
to November 30, 2023

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