This consultation was open from:
November 7, 2023
to December 22, 2023
Decision summary
Director's Direction to Red Rock Mill Development Inc. was issued by the Ministry of the Environment, Conservation, and Parks on January 5, 2024. The direction allows for a controlled discharge of the contents of the basin at the former Red Rock Mill site to be undertaken in a manner that is protective of the environment and Lake Superior.
Location details
Site address
1 Baker Road
Red Rock,
ON
P0T 2P0
Canada
Site location details
The 146-hectare site is the industrial property associated with the former Red Rock mill, located off Highway 17 on the north shore of Lake Superior at Nipigon Bay, directly southeast from the Town of Red Rock. The property is currently owned by Red Rock Mill Development Inc. The owner is actively carrying out decommissioning and remediation activities at the site.
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)
Red Rock Mill Development Inc.
P.O Box 30
Red Rock,
ON
P0T 2P0
Canada
Decision details
On January 5, 2024, the Ministry of the Environment, Conservation, and Parks issued Director’s Direction under section 61 of the Ontario Water Resources Act to Red Rock Mill Development Inc., as the current owner of the former Red Rock Mill site. The direction allows for the controlled discharge of water from the on-site aeration stabilization basin (basin), which makes up part of the former mill’s industrial sewage works, to Nipigon Bay in Lake Superior.
The discharge from the basin was requested by Red Rock Mill Development in order to lower water levels in the basin to conduct needed repairs.
The ministry worked with the company to develop site specific discharge criteria and requirements of the Director’s Direction that must be followed prior to, during and after the discharge. These requirements will ensure the discharge is conducted in a way that is protective of the environment, and given the contents of the basin is mostly rainwater and storm-water runoff captured from the site.
The discharge will be to Nipigon Bay in Lake Superior as per the identified receiving water in the industrial sewage environmental compliance approval for the site.
The discharge must be done in a manner and with sufficient control that no impairment, as defined by the Ontario Water Resources Act, to Nipigon Bay or any other downstream watercourse occurs. This includes sampling, monitoring and reporting, as well as preparation of a report to the ministry summarizing the discharge events.
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.
435 James Street South
Floor 3, Suite 331B
Thunder Bay,
ON
P7E 6S7
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)
Red Rock Mill Development Inc.
P.O Box 30
Red Rock,
ON
P0T 2P0
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
Kristen Braun
435 James Street South
Floor 3, Suite 331
Thunder Bay,
ON
P7E 6S7
Canada
Original proposal
Proposal details
In January 2022, the Ministry of the Environment, Conservation and Parks (MECP) issued an order to Red Rock Mill Development Inc., requiring the company to submit a workplan to amend the sewage works Environmental Compliance Approval (ECA) to reflect the current infrastructure, operations and conditions at the former mill site in Red Rock, as it carries out decommissioning and remediation work at the property.
During an on-site inspection completed by the MECP in May 2023, a seep was identified at the north end of one of the cells in a basin that forms part of the former sewage works. As a short-term solution to contain the seepage, a portable pumping system is being used by the company to pump seep water back into the basin to prevent it from reaching Nipigon Bay in Lake Superior.
The company has requested the MECP approve a controlled discharge from the basin, in advance of the future ECA amendment, in order to lower water levels in the basin so that repairs to the basin can be done.
Currently, there has been minimal inputs to the basin (since the mill shut down in 2006) other than precipitation and surface run-off. Additionally, there have been no active discharges from the basin to Nipigon Bay.
After careful technical review, the MECP intends to approve a discharge from the basin to Nipigon Bay, in accordance with Section 61 of the Ontario Water Resources Act, and subject to specific direction, including sampling and monitoring requirements. This is a temporary solution while the basin is under repair; the company is still required to amend the sewage works ECA, which is to be submitted to the MECP by December 15, 2023.
Specifically, the MECP intends to allow a controlled discharge under the following direction:
Water quality
The discharge must be done in a manner and with sufficient control that no impairment, as defined by the Ontario Water Resources Act, to Nipigon Bay or any other downstream watercourse occurs.
The company must determine the rate at which discharge is to occur with consideration of the current volume of water needing to be discharged, and the water quality during the discharge, so that the discharge meets all prescribed water quality limits.
Effluent criteria monitoring program
The company is to follow a monitoring program that includes pre-discharge monitoring and quality review, as well as sampling prior to discharge in order to verify the discharge quality. The sample shall be analyzed for the full list of parameters identified by the MECP and meet the necessary criteria prior to discharging.
Required parameters:
- total suspended solids
- pH
- conductivity
- total dissolved solids
- chemical oxygen demand
- biochemical oxygen demand
- phenols
- carbonaceous biochemical oxygen demand
- true colour
- total organic carbon
- dissolved organic carbon
- total ammonia
- nitrate (as N)
- nitrite (as N)
- total phosphorus
- toluene
- chloroform
- tannins and lignins
- resin and fatty acids
- total metals
- toxicity – daphnia magna
- toxicity – rainbow trout
Duration and volume
The discharge event shall take place within two weeks of the pre-discharge sampling event.
The discharge event may vary from a day to a few weeks or longer, depending on the requirement/s. Where feasible, the company shall manage the discharge over a longer period to create a lower flow rate. Discharge flow rates shall be estimated using either the pump capacity or manual measurements in order to estimate the overall discharge volume.
Discharge locations
There are two acceptable discharge locations:
- the existing outfall and/or basin seep (via the Effluent Discharge Ditch to Nipigon Bay)
- the southern drainage ditch adjacent to Red Rock Mountain which reports to Nipigon Bay approximately 400 metres downstream of the existing outfall
The discharge must have sediment prevention and erosion control previsions implemented, where appropriate, prior to discharge. Daily visual inspection of the discharge pathway and discharge point shall be completed to verify there are no erosion and sedimentation issues.
Sampling and monitoring
Sampling shall occur on the day of discharge, weekly, and monthly and include the parameters as directed by the MECP.
Monitoring of the basin contents shall take place for discharge events over an extended period (more than two weeks), and the contents throughout the basin shall be monitored to verify the discharge events are not changing quality. If results indicate there is a change to the quality, further investigations shall be conducted to determine appropriate mitigative measures.
Mixing zone study
A mixing zone study is to be conducted during each discharge event, and within 24 to 48 hours following the start of discharge to determine the extent of mixing. The study shall consist of shoreline field measurements for conductivity, pH and temperature downstream of each discharge location. A minimum of two upstream measurements shall also be collected to verify the background conditions.
Reporting
The company shall prepare a report by March 31, 2024, summarizing the discharge/s and submit the report to the MECP. The report shall include the following:
- Number of discharge days with an estimated flow rate and total volume discharged.
- Results of any discharge testing compared to the approved effluent criteria/limits.
- Results of the mixing zone study.
- Summary of any issues identified, and corrective actions taken.
- Summary of any complaints received.
This direction does not relieve the company of any other legislated requirements that may be applicable, nor does it provide protection to the company should impairment to Nipigon Bay or any other downstream water body occur resulting from the discharge.
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.
435 James Street South
Floor 3, Suite 331B
Thunder Bay,
ON
P7E 6S7
Canada
Comment
Commenting is now closed.
This consultation was open from November 7, 2023
to December 22, 2023
Connect with us
Contact
Kristen Braun
435 James Street South
Floor 3, Suite 331
Thunder Bay,
ON
P7E 6S7
Canada
Comments received
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