Dr. Frank Barone

The appellant appealed a new condition imposed by the Director of the Ministry of the Environment, Conservation and Parks on an amended Environmental Compliance Approval for a landfill site.

The condition required the appellant to keep leachate levels within each landfill cell at less than 0.5 metres over the landfill base clay surface.

The appellant argued that the site-specific design, based on a hydraulic trap system, supported a leachate level of 1.5 metres, and that the 0.5-metre limit was scientifically unjustified and would cause severe operational disruptions.

The Tribunal found that while a limit was necessary to prevent obstruction of the leachate collection system, the site-specific modelling supported a higher level.

The Tribunal allowed the appeal in part, altering the condition to require leachate levels to be kept at less than 1.5 metres over the landfill base clay surface.

The appellants appealed two Director's Orders requiring them to remove and dispose of PCB waste at a property in Thorold, Ontario.

The parties reached a tentative settlement where the appellants would submit a plan to remove above-ground waste and secure below-ground waste, in exchange for the revocation of the orders against them.

The Tribunal conditionally accepted the settlement, finding it consistent with the purpose of the Environmental Protection Act and in the public interest, as it provided a protective resolution for the environment given the appellants' limited financial means.