Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: October 15, 2018
CASE NO.: 18-032
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: Bryan Kieswetter (File No. 18-032)
Appellant: Robert Kieswetter (File No. 18-033)
Appellant: Paxton Equipment Ltd. (File No. 18-034)
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to perform work and provide financial assurance in regards to the foundry sand waste pile, located on site
Reference No.: 2083-AP2MXM
Property Address/Description: 2583 Sandhills Road
Municipality: Township of Wilmot
ERT Case No.: 18-032
ERT Case Name: Kieswetter v. Ontario (Environment, Conservation and Parks)
Heard: September 27, 2018 in Baden, Ontario
APPEARANCES:
Parties
Counsel
Bryan Kieswetter, Robert Kieswetter and Paxton Equipment Ltd.
John Tidball
Director, Ministry of the Environment, Conservation and Parks
Jon Bradbury
Presenters
John Good
Self-represented
David Eenkooren
Self-represented
ORDER DELIVERED BY JUSTIN DUNCAN AND HELEN JACKSON
1On June 18, 2018, Amy Shaw, Director, Ministry of the Environment, Conservation and Parks, issued Director’s Order No. 2083-AP2MXM (“Director’s Order”) to Bryan Kieswetter, Robert Kieswetter and Paxton Equipment Ltd. (“Appellants”) relating to the management of a foundry sand waste pile associated with a foundry operation located at 2583 Sandhills Road in the Township of Wilmot (“Subject Property”).
2The Appellants filed an appeal of the Director’s Order with the Environmental Review Tribunal (“Tribunal”) pursuant to s. 140 of the Environmental Protection Act on June 26, 2018.
3A pre-hearing conference (“PHC”) was held on September 27, 2018 in Baden, Ontario.
4During the PHC and on consent of the parties, the Tribunal added John Good and David Eenkooren as presenters to the appeal in accordance with Rule 69 of the Rules of Practice of the Tribunal. Mr. Good shares a property line with the Subject Property and has questions and concerns about the Appellants’ operation that he hopes can be addressed as part of the hearing process. Mr. Eenkooren, another neighbour of the Subject Property, explained that he is particularly concerned about the impact any contamination arising from the foundry sand waste pile could have on the local aquifer from which drinking water is drawn by the Region of Waterloo to supply Baden, Kitchener and other local municipalities.
5During the PHC, the parties explained that they have yet to discuss the potential for settlement of the appeal and, at their request, the Tribunal scheduled a one-day mediation session to occur on Thursday, November 1, 2018 in Guelph, Ontario with a Tribunal-appointed mediator.
6At the request of the parties, the Tribunal scheduled a further PHC to take place by telephone conference call (“TCC”) on Wednesday, November 21, 2018 at 9 a.m. The purpose of the TCC will be for the parties to advise the Tribunal of any progress on settling the appeal and to determine next steps. The presenters are invited to join the TCC.
ORDER
7The Tribunal orders that:
a. John Good and David Eenkooren are granted presenter status.
b. Mediation is scheduled to occur on November 1, 2018.
c. A TCC will occur on November 21, 2018 at 9 a.m. The call-in information for the TCC will be provided to the parties and presenters by the Tribunal’s Case Coordinator.
Request for Presenter Status Granted
Mediation Scheduled
Pre-Hearing Conference Scheduled
“Justin Duncan”
JUSTIN DUNCAN
VICE-CHAIR
“Helen Jackson”
HELEN JACKSON
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