Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE:
June 23, 2016
CASE NO:
16-050
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended; and section 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended
Appellant:
Isaac Berman (File No. 16-050)
Appellant:
Mishar Holdings Inc. (File No. 16-051)
Respondent:
Director, Ministry of the Environment and Climate Change
Subject of appeal:
Order to meet sampling, monitoring and reporting requirements with respect to a sewage disposal system
Reference No.:
7653-A6LLHT-1
Property Address/Description:
72 Main St. W., Lyn, Lot 30, Concession 3
Municipality:
Township of Elizabethtown-Kitley
Upper Tier:
United Counties of Leeds and Grenville
ERT Case No.:
16-050
ERT Case Name:
Berman v. Ontario (Environment and Climate Change)
Heard:
In writing
APPEARANCES:
Parties
Counsel/Representative^+^
Isaac Berman
Self-represented
Mishar Holdings Inc.
Isaac Berman^+^
Director, Ministry of the
Justin Jacob
Environment and Climate Change
DECISION DELIVERED BY JERRY V. DEMARCO
REASONS
Background
1This proceeding relates to the sewage system servicing a mobile home park operated as “Lyn Valley Trailer Court” located at 72 Main Street West, Lyn in the Township of Elizabethtown-Kitley, United Counties of Leeds and Grenville (the “Site”). The Site is owned by Mishar Holdings Inc. (“Mishar”). Isaac Berman is the sole director and officer of Mishar. Mishar and Mr. Berman are the Appellants in this proceeding.
2On February 11, 2016, Katy Potter, Provincial Officer with the Ministry of the Environment and Climate Change (“MOECC”), issued Order 7653-A6LLHT (the “Provincial Officer’s Order”) to the Appellants pursuant to s. 157.1 of the Environmental Protection Act (“EPA”) and s. 16, 16.1 and 16.2 of the Ontario Water Resources Act (“OWRA”). The Provincial Officer’s Order required the Appellants to undertake various actions relating to the subsurface sewage disposal system at the Site operating under Environmental Compliance Approval 3537-8AVPJC, including:
Item 1: retaining the services of a qualified person to assess the system;
Item 2: submitting a report from the qualified person outlining the assessment results;
Item 3: preparing and submitting a sampling procedural manual;
Item 4: implementing the sampling procedural manual once approved by the MOECC; and
Item 5: submitting effluent sample results.
3The Appellants requested a review of the Provincial Officer’s Order. On April 5, 2016, Brian Kaye, MOECC Director, issued Director’s Order 7653-A6LLHT-1 (the “Director’s Order”), which upheld the requirements of the Provincial Officer’s Order but extended the timelines for compliance.
4On April 14, 2016, the Appellants filed a Notice of Appeal with the Environmental Review Tribunal (the “Tribunal”).
5On June 16, 2016, the parties advised the Tribunal that they reached a settlement agreement whereby the Appellants requested that their appeals be withdrawn on consent of the Director, and the Director agreed to amend the deadlines for compliance with Items 2, 3 and 4 of the Director’s Order to July 4, 2016.
6Counsel for the Director indicated that the Director was satisfied that the Appellants had retained a qualified person pursuant to Item 1 of the Director’s Order and that the qualified person indicated that the requirements of Items 2, 3 and 4 will be completed by July 4, 2016. Counsel for the Director submitted, with the Appellants’ agreement, that the proceeding should be dismissed pursuant to Rule 201 of the Tribunal’s Rules of Practice (the “Rules”).
Relevant Legislation and Rules
7The relevant legislation and Rules are set out below:
3(1) The purpose of this Act is to provide for the protection and conservation of the natural environment.
0.1 The purpose of this Act is to provide for the conservation, protection and management of Ontario’s waters and for their efficient and sustainable use, in order to promote Ontario’s long-term environmental, social and economic well-being.
Tribunal Rules
- Where there has been a proposed withdrawal of an appeal as part of a settlement agreement not objected to by any Party that alters the decision under appeal, the Tribunal shall review the settlement agreement and consider whether the agreement is consistent with the purpose and provisions of the relevant legislation and whether the agreement is in the public interest. The Tribunal shall also consider the interests of Participants and Presenters. After consideration of the above factors, the Tribunal may decide to continue with the Hearing or issue a decision dismissing the proceeding.
Issue
8The issue is whether the Tribunal should accept the proposed settlement pursuant to Rule 201 and dismiss the proceeding.
Discussion, Analysis and Findings
9The Appellants have retained a qualified person to the satisfaction of the Director to assess the subsurface sewage disposal system pursuant to Item 1 of the Director’s Order. This qualified person has represented that the Appellants will meet the remaining requirements of Items 2, 3 and 4 to submit a report, and prepare, submit and implement a sampling procedural manual by July 4, 2016.
10The Appellants are addressing the concerns regarding the monitoring of the effluent generated at the Site and the potential impacts on local groundwater resources by working toward compliance and soon meeting the remaining requirements of the Director’s Order. The Tribunal finds that the short extension of time for the completion of some of the items in the Director’s Order will allow sufficient time for it to be complied with, thereby achieving its environmental protection objectives.
11The Tribunal finds that the suggested amendment of the Director’s Order to amend the deadlines for compliance with Items 2, 3 and 4 to July 4, 2016 is consistent with the purpose and provisions of the EPA and the OWRA and in the public interest.
DECISION
12The Tribunal accepts the withdrawal of the appeals pursuant to the settlement proposed by the parties, and dismisses the appeals. The Director is directed to amend the deadlines for compliance with Items 2, 3 and 4 to July 4, 2016.
Settlement Agreement Accepted
Appeals Withdrawn
Appeals Dismissed
Director Directed to Amend Order
“Jerry V. DeMarco”
JERRY V. DEMARCO
ASSOCIATE CHAIR
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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