Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: December 14, 2020
CASE NO.: 19-013
PROCEEDING COMMENCED UNDER section 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
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)
APPEARANCES:
Parties Morriston Park Nursing Home Inc.
Counsel Peter Pickfield
Parties Director, Ministry of the Environment, Conservation and Parks
Counsel Andrea Huckins
HEARD: September 25, 2020 by telephone conference call
ADJUDICATOR(S): Laurie Bruce, Member
ORDER
BACKGROUND
1Morriston Park Nursing Home Inc. (“Appellant”) operates a nursing home on a 10-hectare property near the Village of Morriston, in the Township of Puslinch (“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”) requiring the Appellant, by February 26, 2019, to retain a qualified person to carry out required work and, by March 8, 2019, to cease discharging raw sewage from the septic tanks into the leaching bed, to 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, to visually inspect the septic tanks and pumping chamber daily, and to retain all receipts and records.
2The Appellant requested a review of the P.O. Order. On February 28, 2019, Amy Shaw, Director with the MECP, issued the Director’s Order No. 7040-B9JQUB-1 (Director’s Order) varying the compliance date to March 8, 2019 for the Appellant to retain a qualified person and confirming the remainder of the P.O. Order.
3The Appellant appealed the Director’s Order to the Environmental Review Tribunal (“Tribunal”) in accordance with s. 100(4) of the Ontario Water Resources Act (“OWRA”).
4At a June 26, 2019 prehearing conference (“PHC”) held before a different Tribunal member, the Parties requested Tribunal-assisted mediation to resolve the issues under appeal. The Mediation led to an Interim Settlement Agreement that set out technical steps that both Parties agreed to undertake. This Interim Settlement Agreement, dated January 24, 2020, is attached as Appendix 1 to this Order.
SEPTEMBER 25, 2020 TELEPHONE CONFERENCE CALL
5On the September 25, 2020 telephone conference call (“TCC”), the Parties advised the Tribunal that the Ministry had been provided with a rehabilitation report and has inspected the sewage system in accordance with the technical steps agreed to in the Interim Settlement Agreement. Once the rehabilitation report has been reviewed and accepted by the Ministry, the Parties will move to the next phase of the settlement, which involves operating and monitoring the system and leaching bed. The Parties will also initiate pre-submission consultation in advance of the Appellant’s submission of a completed Environmental Compliance Approval application.
6A TCC has been set for Friday, February 26, 2021 for the Parties to provide the Tribunal with an update and to confirm that the terms of the Interim Settlement Agreement continue to be fulfilled.
ORDER
7The Tribunal orders that a status update on the implementation of the Interim Settlement Agreement is set for Friday, February 26, 2021 at 10 a.m. This will be carried out by TCC, details of which will be provided by the Tribunal’s Case Coordinator.
Status Update Scheduled
“Laurie Bruce”
LAURIE BRUCE
MEMBER
Appendix 1 - Interim Settlement Agreement
If there is an attachment referred to in this document, please visit www.olt.gov.on.ca to view the attachment in PDF format.
Environmental Review Tribunal A constituent tribunal of Ontario Land Tribunals Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248