Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: March 27, 2020
CASE NO.: 19-002
PROCEEDING COMMENCED UNDER section 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. 019
Appellants: Sjonum Sristi Awalia (File No. 19-002) Philippe St-Cyr (File No. 19-003) 1866252 Ontario Limited (19-004)
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to carry out work related to onsite Sewage Systems
Reference No.: 5108-B6KQG9-1
Property Address/Description: 4448 Guelph Line
Municipality: City of Burlington
Upper Tier: Region of Halton
ERT Case No.: 19-002
ERT Case Name: Awalia v. Ontario (Environment, Conservation and Parks)
APPEARANCES:
Parties Sjonum Sristi Awalia, Philippe St-Cyr and 1866252 Ontario Limited
Counsel Derek Collins
Parties Director, Ministry of the Environment, Conservation and Parks
Counsel Sylvia Davis
HEARD: December 19, 2019 by telephone conference call
ADJUDICATOR: Hugh S. Wilkins, Member
DECISION
1This Decision of the Environmental Review Tribunal (“Tribunal”) is regarding the proposed settlement of an appeal brought by Sjonum Sristi Awalia, Philippe St-Cyr and 1866252 Ontario Limited (“Appellants”) related to the Ministry of the Environment, Conservation and Parks (“MECP”) Director’s Order No. 5108-B6KQG9-1 issued by Tina Dufresne on January 25, 2019 (“2019 Director’s Order”).
2The Appellants operate a restaurant located at 4448 Guelph Line, Burlington (“Site”). The sewage disposal system at the Site includes an old septic system and two holding tanks. Under Environmental Compliance Approval No. 5131-757NNN (“ECA”), sewage from the restaurant is to be directed to the holding tanks. In 2018, the MECP inspected the Site and determined that sewage was being routed to the septic system in non-compliance with the ECA. In December 2018, a Provincial Officer’s Order was issued requiring the Appellants to take actions to comply with the ECA. The Appellants requested the Director to review the Provincial Officer’s Order, which resulted in the 2019 Director’s Order.
3The 2019 Director’s Order, issued pursuant to the Ontario Water Resources Act (“OWRA”), requires the Appellants to:
retain the services of a Qualified Person to decommission an unapproved 9,000 litre septic tank at the Site;
ensure that all sewage works are installed and operational in accordance with the ECA; and
provide confirmation including photographs to the Director that the requirements of the Order have been completed.
4On December 12, 2019, the Director informed the Tribunal that the Parties had reached a proposed settlement of the appeal. On December 19, 2019, the Tribunal convened a settlement hearing by telephone conference call (“TCC”) at which it heard evidence and submissions in support of the proposed settlement.
5At the December 19, 2019 TCC, the Tribunal considered the proposed settlement, which envisions the withdrawal of the appeal, the issuance of a new Director’s Order, and the revocation of the 2019 Director’s Order. The Tribunal accepted the proposed withdrawal of the appeal and revocation of the 2019 Director’s Order and dismissed the proceeding.
Issues
6The issues to be addressed are whether the Tribunal should accept the proposed withdrawal of the appeal, accept the proposed revocation of the 2019 Director’s Order, and dismiss the proceeding under Rules 201 and 202 of the Tribunal’s Rules of Practice and Practice Directions (“Rules”).
Evidence and Submissions
7Ms. Dufresne provided evidence in support of the proposed settlement on behalf of the MECP. She stated that the 2019 Director’s Order requires that all sewage from the Appellants’ restaurant must be routed to their holding tanks in accordance with the ECA. To do this, she stated that the Appellants retained R.J. Burnside & Associates Limited (“Burnside”), a qualified person who is licensed to install onsite sewage systems. Burnside evaluated the Site and prepared recommendations on addressing the sewage issues. She stated that Burnside recommended, and the Director agrees, that an external gravity connection sewage system be installed at the Site through which all washroom wastewater would be routed to the holding tanks and the existing septic system would be disconnected.
8Ms. Dufresne stated that under the proposed settlement, the Appellants would carry out the work to have the washroom wastewater routed to the holding tanks and have the septic system disconnected and capped. They would have an engineer provide monthly reports confirming that all sewage at the Site is going to the holding tanks and the septic system remains disconnected. She stated that if a new environmental compliance approval has not been issued allowing the use of the septic system by May 30, 2021, the septic system must be fully decommissioned. Under the proposed settlement, the Director will immediately issue a new Director’s Order setting out these requirements and 16 days after the new Director’s Order is served on the Appellants, the Director will revoke the 2019 Director’s Order.
9Ms. Dufresne stated that the proposed routing of wastewater to the holding tanks and any potential impacts to the environment of the proposed settlement have been assessed and reviewed by the MECP. She said the proposed settlement and new Director’s Order resolve the issues addressed in the 2019 Director’s Order. She said the proposed settlement and new Director’s Order would protect groundwater in the area and also protect a nearby provincially significant wetland. She said the proposed settlement is in the public interest and achieves compliance with the ECA.
10The Appellants stated that they support the proposed settlement.
Analysis and Findings
11Under Rule 198, an appellant who proposes to withdraw an appeal must notify the Tribunal, other Parties, Participants and Presenters by letter. There are no Participants or Presenters and no other Parties in this proceeding and the Tribunal finds that this requirement is satisfied.
12The Tribunal’s Rules require the Tribunal to consider whether a proposed withdrawal of an appeal (under Rule 201) and/or a proposed revocation of an order (under Rule 202) are consistent with the purpose and provisions of the relevant legislation and whether they are in the public interest. The Tribunal has the discretion either to continue with the proceeding or to dismiss it.
13The purpose of the OWRA is to provide for the conservation, protection and management of Ontario’s waters and to provide for their efficient and sustainable use. Based on the evidence before the Tribunal, it finds that the proposed withdrawal of the appeal, issuance of a new Director’s Order, and revocation of the 2019 Director’s Order are consistent with the purpose and provisions of these Acts and are in the public interest. The settlement entails the issuance of a new Director’s Order requiring that wastewater is to be routed to the holding tanks and the existing septic system is to be disconnected. The Director is to receive monthly reports regarding the Site. These measures will help ensure the protection of the natural environment and the conservation, protection and management of the province’s waters and their efficient and sustainable use. The Tribunal finds that the proposed withdrawal of the appeal and revocation of the 2019 Director’s Order are appropriate and finds that the proceeding should be dismissed under Rules 201 and 202.
ORDER
14The Tribunal accepts the withdrawal of the appeal and the Director’s revocation of the 2019 Director’s Order. The Tribunal orders that the proceeding is dismissed.
Proceeding Dismissed
“Hugh S. Wilkins”
HUGH S. WILKINS MEMBER
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