Leave to appeal amended Environmental Compliance Approval for expanded alternative fuel use at cement plant denied.
The applicants sought leave to appeal the Director's decision to issue an amended Environmental Compliance Approval permitting a cement manufacturing facility to increase its use of alternative low-carbon fuels from 96 to 400 tonnes per day.
The applicants argued the decision was unreasonable because it failed to impose stringent emissions standards, lacked comprehensive ambient air monitoring, and failed to properly consider the Ministry's Statement of Environmental Values, including the precautionary principle and cumulative effects.
The Tribunal dismissed the applications, finding the applicants failed to establish a prima facie case that the Director's decision was unreasonable.
The evidence demonstrated the Director relied on comprehensive scientific studies showing the expanded use of alternative fuels would not result in significant cumulative air quality impacts and would comply with applicable provincial air standards.
OLTOntario Land TribunalJul 20, 2021
