Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: June 16, 2015
CASE NO(S).: 14-098 and 15-001
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended
Appellant: N. M. Bartlett Inc. (14-098)
Appellant: James Craig Bartlett (14-099)
Appellant: David Richard Bartlett (14-100)
Appellant: Donald David Peters (14-101)
Respondent: Director, Ministry of the Environment and Climate Change
Subject of appeal: Order to eliminate DDT and its metabolites from creek sediment
Reference No.: 2810-9PNJ5K-1
Property Address/Description: 4509 Bartlett Road Beamsville, Lincoln
Municipality: Niagara
ERT Case No.: 14-098
ERT Case Name: Bartlett v. Ontario (Environment and Climate Change)
PROCEEDING COMMENCED UNDER section 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c.O.40, as amended
Appellant: N. M. Bartlett Inc. (15-001)
Appellant: James Craig Bartlett (15-002)
Appellant: David Richard Bartlett (15-003)
Appellant: Donald David Peters (15-004)
Respondent: Director, Ministry of the Environment and Climate Change
Subject of appeal: Order to eliminate DDT and its metabolites from creek sediment
Reference No.: 3581-9PPGL3-1
Property Address/Description: 4509 Bartlett Road Beamsville, Lincoln
Municipality: Niagara
ERT Case No.: 15-001
ERT Case Name: Bartlett v. Ontario (Environment and Climate Change)
Heard: April 17, 2015 in Beamsville, Ontario and May 8, 2015 by telephone conference call
APPEARANCES:
Parties
Counsel
N.M. Bartlett Inc., James Bartlett, David Bartlett and Donald Peters
Timothy Price
Director, Ministry of the Environment and Climate Change
Nicholas Adamson
ORDER DELIVERED BY MARLENE CASHIN AND JUSTIN DUNCAN
REASONS
Background
1These are appeals by N.M. Bartlett Inc., James Bartlett, David Bartlett and Donald Peters (“Appellants”) from the decisions of the Director, Ministry of the Environment and Climate Change (“MOECC”) to issue Director’s Orders dated November 27, 2014 (Order No. 2810-9PNJ5K-1) and December 16, 2014 (Order No. 3581-9PPGL3-1) under s. 157.3(5) of the Environmental Protection Act and s. 16.4(5) of the Ontario Water Resources Act. The Orders require the Appellants to take various steps to address dichlorodiphenyltrichloroethane (“DDT”) pesticide and metabolite contamination allegedly originating from a property known municipally as 4509 Bartlett Road, Beamsville, Lincoln, Regional Municipality of Niagara and entering Bartlett Creek.
2A preliminary hearing was held in Beamsville on April 17, 2015. No additional persons sought status at the preliminary hearing. At the preliminary hearing, the parties advised the Environmental Review Tribunal (“Tribunal”) that they were in the process of settlement discussions, and requested that dates for disclosure, filing of witness statements and the hearing itself not be set at that time. As a result, the Tribunal set May 8, 2015 for the continuation of the preliminary hearing by telephone conference call (“TCC”).
3During the continuation of the preliminary hearing on May 8, 2015, on consent of the Parties, the Tribunal set dates for the hearing of the appeal and filing dates leading up to the hearing, as set out in the order below. The Parties informed the Tribunal that in an effort to narrow the issues to be decided in the hearing, they will take advantage of Tribunal assisted mediation, which is scheduled to take place on June 19, 2015. A TCC has been scheduled for 9 a.m. on June 30, 2015 in order to update the Tribunal on the outcome of the mediation.
4On the preliminary hearing, the Tribunal gave procedural directions as set out below.
ORDER
5The Tribunal makes the following procedural directions:
a. The Parties shall disclose relevant documents between themselves by August 14, 2015.
b. The Director shall serve and file witness statements and supporting documents by September 11, 2015.
c. The Appellants shall serve and file witness statements and supporting documents by September 25, 2015.
d. The Director shall serve and file reply witness statements and supporting documents, if any, by October 9, 2015.
e. The hearing will commence at 10 a.m. on Tuesday, October 27, 2015 at:
Town of Lincoln Council Chambers 4800 South Service Road Beamsville, ON L0R 1B1
f. No additional notice of the hearing will be provided.
Procedural Directions Ordered
Hearing Scheduled
“Marlene Cashin”
MARLENE CASHIN
MEMBER
“Justin Duncan”
JUSTIN DUNCAN
MEMBER
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Environmental Review Tribunal
A constituent tribunal of Environment and Land Tribunals Ontario
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248