Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: October 28, 2015
CASE NO.: 15-017
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: Oakville Hydro Energy Services Inc.
Respondent: Director, Ministry of the Environment and Climate Change
Subject of appeal: Order to perform work in relation to the decommissioning of a bore hole that is discharging a contaminant
Reference No.: 6143-9TKLWT
Property Address/Description: 7667 Goldenrod Trail
Municipality: Niagara Falls
Upper Tier: Regional Municipality of Niagara
ERT Case No.: 15-017
ERT Case Name: Oakville Hydro Energy Services Inc. v. Ontario (Environment and Climate Change)
Heard: July 24 and September 21, 2015 by telephone conference call and in writing
APPEARANCES:
Parties
Counsel
Oakville Hydro Energy Services Inc.
Rick Coburn
Director, Ministry of the Environment and Climate Change
Danielle Meuleman
Participant
Gabriella Guo
Self-represented
DECISION DELIVERED BY MARCIA VALIANTE AND HUGH S. WILKINS
REASONS
Background
1A detailed background to this proceeding is set out in the order of the Environmental Review Tribunal (the “Tribunal”), dated May 12, 2015, respecting a motion for an interim stay. In summary, Oakville Hydro Energy Services Inc. (the “Appellant”) appeals the order of the Director, Ministry of the Environment and Climate Change (“MOECC”), dated March 4, 2015, which confirmed Provincial Officer’s Order No. 6243-9TKLWT, dated February 20, 2015 (the “Order”). The Order requires the Appellant and Desrosiers Geothermal Drilling Corporation (“Desrosiers”) to carry out specified work to decommission a bore hole located on a residential property at 7667 Goldenrod Trail in Niagara Falls. The bore hole had been drilled in the spring of 2014 by Desrosiers in order to install a geothermal heating system at the site. Desrosiers did not appeal the Order.
2On May 14, 2015, the Tribunal held a preliminary hearing in Niagara Falls, Ontario, and granted participant status to Gabriella Guo, the homeowner.
3On July 24 and September 21, 2015, the Tribunal held telephone conference calls to receive updates on the status of the work done by the Appellant in fulfilling the terms of the Order. On September 21, 2015, the parties informed the Tribunal that the decommissioning work had been completed and the property had been restored. The Director informed the Tribunal that the MOECC had reviewed the report on the work and was satisfied that the Order had been fully complied with.
4On October 6, 2015, the Appellant sent correspondence to the Tribunal stating that it was seeking to withdraw the appeal and requesting that the Tribunal dismiss the proceeding. The Appellant stated that decision under appeal is not altered. On October 9, 2015, the Director sent correspondence to the Tribunal agreeing to the Appellant’s withdrawal and the dismissal of the proceeding.
Relevant Rule
5Rules of Practice of the Tribunal:
- Where there has been a proposed withdrawal of an appeal agreed to by all Parties and the decision under appeal is not altered by a settlement agreement, a proposed withdrawal of an application, or a proposed revocation of an order made under section 74 of the Ontario Water Resources Act, the Tribunal shall issue a decision dismissing the proceeding.
Discussions, Analysis and Findings
6The parties agree to the proposed withdrawal of the appeal and the Tribunal finds that the decision under appeal is not altered within the meaning of Rule 199 of the Tribunal’s Rules of Practice. Therefore, the Tribunal finds that the proceeding should be dismissed.
DECISION
5Pursuant to Rule 199 of the Tribunal's Rules of Practice, the appeal is dismissed.
Appeal Dismissed
“Marcia Valiante”
MARCIA VALIANTE
MEMBER
“Hugh S. Wilkins”
HUGH S. WILKINS
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