Charles Birchall

The applicant sought leave to appeal the Director's decision to issue an Environmental Compliance Approval (ECA) for a metal recycling facility, raising concerns about noise and air emissions from a metal shredder.

The applicant argued that the decision was unreasonable because an acoustic audit should have been required prior to issuance, the ECA conflicted with the Fire Code, and the facility was not authorized under municipal planning requirements.

The Ontario Land Tribunal dismissed the application, finding that the applicant failed to establish a prima facie case that the Director's decision was unreasonable.

The Tribunal held that the Director properly considered the applicable regulatory and policy requirements, that requiring an acoustic audit after the ECA's issuance was consistent with Ministry practice, and that the Director was not required to resolve Fire Code or municipal planning issues before issuing the ECA.

The appellant appealed a Director's Order requiring the assessment and remediation of groundwater contamination at a former manufacturing site.

Following the appellant's insolvency and CCAA proceedings, the parties reached a settlement agreement wherein the appellant would contribute funds to the current site manager for ongoing remediation, and the Director would issue a new order with updated risk management requirements.

The Tribunal approved the settlement, finding that the withdrawal of the appeal and revocation of the original Director's Order were consistent with the purpose of the Environmental Protection Act and in the public interest.

The appellant appealed the Director's refusal to amend an Environmental Compliance Approval to permit the acceptance and transfer of asbestos-contaminated materials at a waste disposal site.

The parties reached a settlement agreement and the appellant sought to withdraw its appeals.

The Tribunal found the proposed amended Environmental Compliance Approval consistent with the Environmental Protection Act and in the public interest.

The Tribunal accepted the withdrawal of the appeals, dismissed them, and ordered the Director to issue the amended approval.

The appellant appealed a Director's Order concerning groundwater contamination remediation.

Following negotiations and related court proceedings, the parties agreed to amend the stay of the order and the appellant agreed to withdraw its appeal, save for two specific issues regarding future work plans and management/control.

The Tribunal granted the continuation of the stay and accepted the partial withdrawal of the appeal on consent.