ENWRONMENTALASSESSMENTACT
SECTION 9
NOTICE OF APPROVAL TO PROCEED WITH THE UNDERTAKING
RE:
An Environmental Assessment for the Township of Madawaska Valley's Strategic Waste
Management Plan
Proponent:
Township of Madawaska Valley
EA File No.:
EA-02-08-01
TAKE NOTICE that the period for requesting a hearing, provided for in the Notice of Completion
of the Review for the above-noted undertaking, expired on November 23,2007.
I received no requests for a hearing by the Environmental Review Tribunal before the expiration
date.
Having considered the purpose of the Environmental Assessment Act, R.S.O 1990, c. E.19, the
approved terms of reference, the environmental assessment, the ministry Review of the
environmental assessment and submissions received, I hereby give approval to proceed with
the undertaking, subject to conditions set out below.
REASONS
My reasons for giving approval are:
(1)
On the basis of the proponent's environmental assessment and the ministry Review, the
proponent's conclusion that, on balance, the advantages of this undertaking outweigh its
disadvantages appears to be valid.
(2)
The proponent has demonstrated that the environmental effects of implementing the
preferred alternative can be appropriately prevented, changed, mitigated or remedied.
(3)
On the basis of the proponent's environmental assessment, the ministry Review and the
conditions of approval, the construction, operation and maintenance of the undertaking
will be consistent with the purpose of the Environmental Assessment Act (section 2).
Page 1 of 6
(4)
The Government Review Team has indicated no outstanding concerns that cannot be
addressed through conditions of approval. The public review of the environmental
assessment did not identify any outstanding concerns which cannot be addressed
through these conditions of approval or conditions of a Provisional Certificate of
Approval.
(5)
The submissions received after the Notice of Completion of the Review was published
are being dealt with through conditions where appropriate. I am not aware of any
outstanding issues with respect to this undertaking which suggest that a hearing should
be required.
CONDITIONS
The approval is subject to the following conditions:
1.
Definitions
For the purposes of these conditions:
"Director" means the Director of the Environmental Assessment and Approvals Branch.
"EAAB" means the Environmental Assessment and Approvals Branch of the Ministry of
the Environment.
"EA" means the environmental assessment.
"environmental assessment" means the document titled "Environmental Assessment
Report Madawaska Valley Waste Management Strategic Plan", volumes 1 and 2, dated
May 4, 2007, and the document titled "Addendum to Environmental Assessment
Report", dated July 24,2007.
"EPA" means the Environmental Protection Act, R.S.O 1990, c. E.19.
"ministry" means the Ministry of the Environment.
"PLC" means a Public Liaison Committee.
"program" means compliance monitoring program.
"proponent" means the Township of Madawaska Valley.
"public record" means the record required by section 30(1) of the Environmental
Assessment Act to be maintained for this undertaking.
"Regional Director" means the Director of the ministry's Eastern Regional Office.
"site" means the Bark lake landfill, in the Township of Madawaska Valley.
Page 20f6
- - - - - - -- --
--
--
---
-- - - - - - -
2.
3.
General-Requirements
2.1
The proponent shall comply with the provisions in the environmental assessment
which are hereby incorporated in this approval by reference except as provided
in these conditions and as provided in any other approval or permit that may be
issued for the site.
2.2
These conditions do not prevent more restrictive conditions being imposed under
other statutes.
Public Record
3.1
Where a document is required for the public record, the proponent shall provide
two copies of the document to the Director: a copy for filing within the specific
public record file maintained for the undertaking and a copy for staff use.
3.2
Additional copies of such documents will be provided by the proponent for public
access to the:
a) Regional Director;
b) The Township of Madawaska Valley Municipal Office; and
c) Public Liaison Committee, if applicable.
4.
3.3
The EMS file number EA-02-08-01 shall be quoted on the document.
3.4
These documents may also be provided through other means as considered
appropriate by the proponent.
Compliance Monitoring Program
4.1
The proponent shall prepare and submit to the Director for the public record, an
environmental assessment compliance monitoring program.
4.2
The program shall be submitted one year from the date of approval of the
undertaking, or 60 days before the commencement of construction, whichever is
earlier.
4.3
The program shall be prepared for the monitoring of the proponent's fulfilment of
the provisions of the environmental assessment:
a) For mitigation measures;
b) Public consultation;
c) Additional studies and work to be carried out; and
d) All other commitments made during the preparation and review of the
environmental assessment.
4.4
The program must contain an implementation schedule.
Page 3 of 6
5.
4.5
A statement must accompany the program when submitted to the Director,
indicating that the program is intended to fulfil this condition.
4.6
The program, as it may be amended by the Director, must be carried out by the
proponent.
4.7
The proponent shall make the documentation available to the ministry or its
designate upon request in a timely manner when so requested by the ministry
during an on-site inspection, audit, or response to a pollution incident report or
when information concerning compliance is requested by the ministry.
Compliance Reporting
5.1
5.2
The proponent shall prepare an annual compliance report which describes
compliance with the conditions of approval set out in this notice and which
describes the results of the proponent's environmental assessment compliance
monitoring program.
The annual compliance report shall be submitted to the Director for placement on
the publicrecordon or beforeMarch31si of each year,with the first report being
due in 2009, and shall cover all activities of the previous calendar year.
6.
5.3
The proponent shall submit annual compliance reports until all conditions set out
in this notice are satisfied.
5.4
When all conditions have been satisfied, the proponent shall indicate in the
annual compliance report that this is its final submission.
5.5
The proponent shall retain either on site or in another location approved by the
Director, copies of the annual compliance reports for each reporting year and any
associated documentation of compliance monitoring activities.
5.6
The proponent shall make the documentation available to the ministry or its
designate upon request in a timely manner when so requested by the ministry
during an on-site inspection, audit, or in response.to a pollution incident report or
when information concerning compliance is requested by the ministry.
Public Liaison Committee
6.1
The proponent shall make a reasonable effort to maintain a PLC in respect of the
site to ensure that public concerns are addressed and mitigation measures are
undertaken where appropriate.
6.2
If there is no interest from the public in continuing the existing PLC or
establishing and participating in a new committee (once sufficient notice has
been given), the need for such a PLC should be reviewed yearly by the
proponent.
Page 4 of6
- - - ---
--- - - -
6.3
If continued or re-established, the PLC shall serve as the focal point for
dissemination, review and exchange of information and monitoring results
relevant to the undertaking.
6.4
If there is no interest from the public in participating in the PLC it may be
dispensed with.
6.5
If the PLC is not functioning, the proponent shall publish a notice at least
annually, inviting expressions of interest in forming the PLC.
6.6
If there is interest in forming a PLC and members are willing to serve, the PLC
shall be established.
6.7
The proponent shall review the need for the PLC annually, for a minimum of five
years, and it may dispense with the PLC if, after the fifth year and after giving
,-. sufficientnotice,there is insufficientinterestamongmembersof the publicin
-, continuing with the PLC.
7.
8.
Complaint Protocol
7.1
The proponent shall prepare and develop a protocol on how it will deal with and
respond to inquiries and complaints received during the construction and
operation of the undertaking.
7.2
The proponent shall submit the complaint protocol to the Director for placement
in the public record.
7.3
A statement must accompany the complaint protocol when submitted to the
Director indicating that the protocol is intended to fulfil this condition.
Bark lake landfill
Site Operations
8.1
The site may only accept municipal solid non-hazardous waste generated within
the Township of Madawaska Valley for disposal.
8.2
The acquisition of the 19.42 hectares of Crown Land required for the landfilling
area, operational buffer, and contaminant attenuation zone, being part of Lots
126,127 and 128, Range B North, in"the geographic Township of Jones,
designated as Parts 1, 2, 3, 4 and 5 on Reference Plan 49R-16336, shall be
completed before the proponent submits its application for EPA approval to the
ministry for review.
8.3
The proponent shall include in its application for EPA approval a detailed landfill
site monitoring plan.
8.4
The proponent shall include in its application for EPA approval a reasonable
range of contingency plans in order to reduce the potential for off-site impacts.
These contingency plans must include, but are not limited to, provisions for
leachate collection and engineered treatment options.
Page 5 of 6
"
8.5
The proponent shall ensure that the MOE's Guideline B-7, Reasonable Use
Concept, is applied at the site boundaries.
8.6
The proponent shall develop and implement construction mitigation measures
required for the protection of the Blandings Turtle. The proponent shall provide
information about these mitigation measures to the Ministry of Natural
Resources, Pembroke District Office, for review and comment, at least 45 days
prior to commencement of construction.
Dated the
5 +~
day of
-Y1 ~ rG h
Approved by O.C. No.
Date O.C. Approved
Page 6 of 6
---
-
--