2476790 Ontario Inc, Art McCaffrey's Garage & Towing Limited, Arthur McCaffrey, Kimberly Reid - Order to prevent discharge of contaminants

Instrument type: Order to prevent discharge of contaminants

ERO number
019-8607
Ministry reference number
1-311122495
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
April 29, 2024 - June 13, 2024 (45 days) Closed
Last updated

This consultation was open from:
April 29, 2024
to June 13, 2024

Decision summary

A Director's Order was issued to 2476790 Ontario Inc., Art McCaffrey's Garage & Towing Limited, Arthur McCaffrey and Kimberly Reid, to require the delineation of contamination originating from 54 Cannifton Road North in the City of Belleville.

Location details

Site address

54 Cannifton Road North
Belleville, ON
K8N 4T8
Canada

Site location map

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

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Proponent(s)

2476790 Ontario Inc, Art McCaffrey's Garage & Towing Limited, Arthur McCaffrey, Kimberly Reid
54 Cannifton Road North
Belleville, ON
K8N 4T8
Canada

2476790 Ontario Inc.
444 Casey Road
Belleville, ON
K8N 4Z6
Canada

Art McCaffrey's Garage & Towing Limited
54 Cannifton Road North
Belleville, ON
K8N 4T8
Canada

Arthur McCaffrey
534 Cannifton Road North
Belleville, ON
K0K 1V0
Canada

Kimberly Reid
444 Casey Road
Belleville, ON
K8N 4Z6
Canada

Decision details

A Director's Order was issued on June 26, 2024, to Art McCaffrey’s Garage & Towing Ltd., Arthur McCaffrey, Kimberly Reid, and 2476790 Ontario Inc., with respect to the property located at 54 Cannifton Road North in the City of Belleville. The Order was issued under sections 18 and 197 of the Environmental Protection Act.

The Director’s Order pertains to contaminants of concern including the following:

  • volatile organic compounds
  • metals
  • petroleum hydrocarbons

The site currently operates as an automobile repair shop and heavy truck towing company and formerly operated as a retail fuel outlet. Soil and groundwater onsite is contaminated with the contaminants of concern and the contaminants have or may have migrated off site potentially causing an adverse effect.

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

  • retain a qualified consultant to conduct the work required by the Order
  • implement the work plan that was previously accepted by the ministry to delineate the extent of contamination
  • submit to the director a delineation report which outlines information collected through the implementation of the work plan and the steps, with a proposed implementation schedule, that will be taken to address soil and groundwater contamination.

The Director’s Order also requires 2476790 Ontario Inc., to undertake actions, which amongst others include:

  • to register the Certificate of Requirement on title to the site.

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 June 28, 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:

  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)

2476790 Ontario Inc, Art McCaffrey's Garage & Towing Limited, Arthur McCaffrey, Kimberly Reid
54 Cannifton Road North
Belleville, ON
K8N 4T8
Canada

2476790 Ontario Inc.
444 Casey Road
Belleville, ON
K8N 4Z6
Canada

Art McCaffrey's Garage & Towing Limited
54 Cannifton Road North
Belleville, ON
K8N 4T8
Canada

Arthur McCaffrey
534 Cannifton Road North
Belleville, ON
K0K 1V0
Canada

Kimberly Reid
444 Casey Road
Belleville, ON
K8N 4Z6
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
019-8607
Ministry reference number
1-311122495

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
019-8607
Ministry reference number
1-311122495
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

April 29, 2024 - June 13, 2024 (45 days)

Proposal details

This proposal is for a Director’s Order to be issued to Art McCaffrey’s Garage & Towing Ltd, Arthur McCaffrey, Kimberly Reid, and 2476790 Ontario Inc, with respect to the property located at 54 Cannifton Road North in the City of Belleville. If approved, the Order will be issued under Sections 18 and 197 of the Environmental Protection Act.

The Director’s Order pertains to contaminants of concern including the following:

  • volatile organic compounds
  • metals
  • petroleum hydrocarbons

The site currently operates as an automobile repair shop and heavy truck towing company and formerly operated as a retail fuel outlet. Soil and groundwater onsite is contaminated with the contaminants of concern and the contaminants have or may have migrated off site potentially causing an adverse effect.

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

  • retain a qualified consultant to conduct the work required by the Order
  • implement the work plan that was previously accepted by the ministry to delineate the extent of contamination
  • submit to the director a delineation report which outlines information collected through the implementation of the work plan and the steps, with a proposed implementation schedule, that will be taken to address soil and groundwater contamination.

The Director’s Order will also require 2476790 Ontario Inc., to undertake actions, which amongst others include:

  • to register the Certificate of Requirement on title to the site.

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 April 29, 2024
to June 13, 2024

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