Party status granted to potential orderees in an appeal of an environmental remediation order.
The Tribunal held a preliminary hearing by telephone conference call regarding appeals of a Director's Order related to a spill of environmental contaminants.
Several entities requested party status.
Finding that the entities were named in a Notice of Allegation and could be directly affected by the outcome of the appeal, the Tribunal granted party status to Amercoat Canada, Rubyco Ltd., and Danroh Inc. The preliminary hearing was adjourned to allow for the completion of work required under interim amendments to the Director's Order.
Procedural order issued setting the schedule for a development permit appeal hearing.
The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit application to construct an asphalt parking lot for visitors to the Cheltenham Badlands and the Bruce Trail.
Following a telephone conference call, the Hearing Officer issued a procedural order setting the schedule for document exchange, witness statements, and the hearing dates for the appeal.
Tribunal sets procedural schedule and hearing dates for appeals of environmental protection order.
The Tribunal held a telephone conference call to set procedural directions and hearing dates for appeals of a Director's Order issued under the Environmental Protection Act regarding the unauthorized storage of hazardous waste materials at a site in Hamilton.
The Tribunal ordered a schedule for the exchange of witness statements and documents, and set hearing dates for December 2015 and March 2016.
Town granted party status in environmental appeal regarding contamination from former dry cleaning facility.
The appellants appealed an order from the Director of the Ministry of the Environment and Climate Change requiring an environmental investigation program at a former dry cleaning facility.
At a preliminary hearing, the Town of Bradford West Gwillimbury requested party status, arguing it owned adjacent property potentially affected by contamination and could provide municipal expertise.
The Tribunal granted the Town party status on consent and adjourned the preliminary hearing to allow the parties to progress on the work items in the order.
Royal Bank of Canada removed as a party on consent and preliminary hearing adjourned for mediation.
The appellants appealed a Director's Order requiring them to secure and remediate a site containing hazardous waste.
During a telephone conference call, the Royal Bank of Canada requested to be removed as a party, which was granted on consent.
The parties also requested an adjournment of the preliminary hearing to continue mediation, which the Tribunal granted.
Party and participant status granted to multiple entities in environmental spill appeal.
At a preliminary hearing regarding an appeal of a Director's Order related to an environmental spill, several individuals and entities sought party and participant status.
The Tribunal granted party status to several potential orderees and individuals named in the order, finding their interests could be directly and substantially affected.
The Regional Municipality of Niagara was granted participant status due to its genuine interest as an adjacent property owner.
The preliminary hearing was adjourned to allow ongoing remediation work to proceed.
Appeal allowed in part; Permit to Take Water amended to include enhanced monitoring and contingency provisions.
The appellant appealed a Permit to Take Water issued to the instrument holder for quarry dewatering.
The Environmental Review Tribunal allowed the appeal in part and ordered amendments to the permit.
The amendments included reduced daily water taking limits, enhanced groundwater monitoring requirements, and the implementation of a contingency plan with specific trigger events.
Appeals of development permit withdrawn; Commission's approval automatically confirmed and hearing cancelled.
The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit for a horse stable.
During a pre-hearing conference, the appellants requested an adjournment to gather more information, which the Hearing Officers denied due to the lack of settlement prospects and ample time remaining before the hearing.
Subsequently, the appellants withdrew their appeals.
Pursuant to Rule 205 of the Environmental Review Tribunal, the withdrawal automatically confirmed the Commission's decision, and the hearing was cancelled.
Tribunal grants consent stay and interim amendments to Director's Order regarding environmental contamination.
The appellants appealed a Director's Order relating to a spill of environmental contaminants, including toluene and acetone, at a site in Fort Erie.
Several appellants brought motions to stay the Director's Order pending the final resolution of the appeals.
At the hearing, the moving parties and the Director presented an agreement for a partial stay and interim amendments to the Order.
The Environmental Review Tribunal approved the consent agreement, finding that the stay would not result in a danger to health, safety, or the environment, and that the balance of convenience favoured granting the stay to allow necessary investigative work to proceed.
Motion to amend order lifting automatic stay partially granted to allow short-term quarry dewatering.
The Permit Holder brought a motion to amend an earlier Tribunal order that partially lifted an automatic stay on a Permit to Take Water for a quarry.
The Permit Holder sought to extend the dewatering period from 10 to 30 days, citing a larger than expected volume of accumulated spring melt water and precipitation.
The Appellant opposed the extension, raising concerns about potential environmental impacts and questioning the Permit Holder's claims of irreparable harm.
Applying the RJR-MacDonald test and section 102(3) of the Ontario Water Resources Act, the Tribunal found that the Permit Holder would suffer irreparable harm if unable to access the quarry floor, and that a short-term extension would not pose a serious risk of environmental impairment.
The Tribunal partially granted the motion, extending the stay lift for an additional 10 days to allow the removal of up to 23 million litres of water, subject to strict monitoring and contingency conditions.
Procedural order issued setting deadlines for issues lists in an appeal of a development permit.
The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit application to construct a parking lot for visitors to the Cheltenham Badlands and the Bruce Trail.
Following a series of pre-hearing conferences, the Hearing Officer issued a procedural order setting deadlines for the parties to exchange issues lists and scheduling a further telephone conference call to confirm the issues and set dates for document exchange and the main hearing.
Party status granted to two neighbours in an appeal of a horse stable development permit.
The appellants appealed the conditional approval of a development permit for a new horse stable and garage.
At a pre-hearing conference, two neighbours sought party status, citing concerns about odours and groundwater impacts.
The Hearing Officers granted party status to both neighbours, finding they had a genuine interest and could make a relevant contribution.
The pre-hearing conference was adjourned to allow the parties to pursue settlement discussions.
Participant status and adjournment granted at preliminary hearing for bore hole decommissioning appeal.
At a preliminary hearing regarding an appeal of a Director's order to decommission a bore hole, the Environmental Review Tribunal considered requests for participant status and an adjournment.
The Tribunal granted participant status to the resident of the property where the bore hole was located, finding she had a genuine interest and could make a relevant contribution.
The Tribunal also granted an adjournment of the preliminary hearing on consent of the parties, as the appellant was actively implementing the required work under the Ministry's supervision, which might render a full hearing unnecessary.
Tribunal grants consent interim stay and amends Director's Order regarding site contamination investigation.
The appellants appealed a Director's Order requiring work to prevent the discharge of contaminants from a site in Fort Erie.
On consent of the parties, the Environmental Review Tribunal granted an interim stay of portions of the Order and amended specific items pending the final resolution of the appeal.
The amended Order established new compliance dates and requirements for investigating soil, groundwater, sediment, and surface water impacts.
Appeal of provincial officer's order dismissed for lack of jurisdiction as no Director's order was issued.
The appellant sought to appeal a provincial officer's order requiring the decommissioning of a bore hole that was leaking natural gas.
The appellant failed to request a review of the order by the Director within the required seven-day period, and the Director subsequently refused a late request for review.
The Environmental Review Tribunal dismissed the appeal without a hearing, finding that its jurisdiction under the Environmental Protection Act is limited to appeals of Director's orders.
Since no Director's order was issued and the Tribunal lacks jurisdiction to extend the time for requesting a Director's review, the appeal was dismissed.
Appeals of a Director's Order regarding bore hole decommissioning dismissed following successful remediation and withdrawal.
The appellants appealed a Director's Order confirming a Provincial Officer's Order requiring the decommissioning of a bore hole that was leaking natural gas.
After the bore hole was successfully decommissioned to the satisfaction of the Ministry, the appellants proposed to withdraw their appeals.
The Tribunal accepted the withdrawals and dismissed the appeals in accordance with Rule 199 of the Tribunal's Rules of Practice.
Appeal dismissed; proposal to import 1.8 million cubic metres of fill to quarry deemed an unpermitted commercial fill operation.
The appellant appealed the Niagara Escarpment Commission's refusal to issue a development permit that would allow the importation of 1.8 million cubic metres of fill to rehabilitate a quarry.
The appellant argued the proposal was a permitted use under the Niagara Escarpment Plan, such as a mineral extraction operation or forest management.
The Hearing Officers found that the existing rehabilitation plan was substantially complete and that the proposal amounted to a commercial fill operation, which is not a permitted use.
The appeal was dismissed.
Tribunal approves settlement agreement lifting suspension of environmental compliance approval with enhanced compliance conditions.
The appellant appealed the suspension of its Environmental Compliance Approval for the installation of vertical closed loop ground source heat pumps.
Prior to the hearing, the parties reached a settlement agreement that included an amended approval and workplan with enhanced training, oversight, and reporting requirements.
The Environmental Review Tribunal reviewed the settlement under Rule 201, found it consistent with the purpose of the Environmental Protection Act and in the public interest, and dismissed the appeal on consent.
Tribunal ordered a perimeter site visit without liability waivers prior to closing submissions.
The appellant appealed the terms and conditions of an Environmental Compliance Approval for sewage works.
Following the evidentiary hearing, the Tribunal issued a procedural order regarding written and oral closing submissions and a site visit.
The Tribunal ordered a perimeter walk of the site without requiring attendees to sign liability waivers or non-disclosure agreements.