Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: August 21, 2019
CASE NO: 19-013
PROCEEDING COMMENCED UNDER section 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended
Appellant: Morriston Park Nursing Home Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to perform work in regards to the on-site septic system
Reference No.: 7040-B9JQUB-1
Property Address/Description: 7363 Calfass Road
Municipality: Township of Puslinch
Upper Tier: County of Wellington
ERT Case No.: 19-013
ERT Case Name: Morriston Park Nursing Home Inc. v. Ontario (Environment, Conservation and Parks)
Heard: June 26, 2019 in Puslinch, Ontario
APPEARANCES:
Parties
Morriston Park Nursing Home Inc.
Counsel
Alex Ciccone
Parties
Director, Ministry of the Environment, Conservation and Parks
Counsel
Andrea Huckins
ORDER DELIVERED BY HUGH S. WILKINS
REASONS
Background
1Morriston Park Nursing Home Inc. (“Appellant”) operates a nursing home near the Village of Morriston (“Site”). On February 19, 2019, Michael Hindriks, a Senior Environmental Officer with the Ministry of the Environment, Conservation and Parks (“MECP”), issued Provincial Officer’s Order No. 7040-B9JQUB (“P.O. Order”) pursuant to s. 16.1 of the Ontario Water Resources Act, R.S.O. 1990, c. O.40 (“OWRA”). The P.O. Order requires that the Appellant, by February 26, 2019, retain a qualified person to carry out required work at the Site and, by March 8, 2019, cease discharging raw sewage from its septic tanks into the leaching bed on the Site, retain a licensed waste hauler to empty the septic tanks and pumping chamber on a regular basis and dispose of the sewage at an approved waste disposal site, visually inspect the septic tanks and pumping chamber daily, and retain all receipts and records.
2The Appellant requested a review of the P.O. Order. On February 28, 2019, Amy Shaw, Director, MECP, issued Director’s Order No. 7040-B9JQUB-1 (“Director’s Order”), varying the compliance date for the Appellant to retain a qualified person and confirming the remainder of the P.O. Order. The Appellant appealed the Director’s Order to the Environmental Review Tribunal (“Tribunal”) under s. 100(4) of the OWRA.
3On May 17, 2019, the Tribunal dismissed a motion brought by the Appellant for a stay of the Director’s Order.
4On June 26, 2019, the Tribunal held a prehearing conference (“PHC”) in this proceeding. At the PHC, the Parties requested Tribunal-assisted mediation to try to resolve the issues under appeal. There were no requests for status made at the PHC and the Parties submitted that other procedural matters would be better addressed after mediation efforts are made and the issues are possibly narrowed or resolved.
5The Tribunal agreed with the Parties’ request and directed that Tribunal-assisted mediation be held.
ORDER
6The Tribunal directs that the Parties attend a mediation session on Thursday, September 26, 2019 commencing at 10 a.m. at:
Ministry of the Environment, Conservation and Parks 1 Stone Road West Guelph, ON N1G 4Y2
7One day has been set aside for the mediation session.
8If the mediation is not successful, a further PHC will be scheduled for the Tribunal to provide procedural directions in preparation for a hearing.
Mediation Scheduled
“Hugh S. Wilkins”
HUGH S. WILKINS
MEMBER
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Environmental Review Tribunal A constituent tribunal of Tribunals Ontario - Environment and Land Division Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248