Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: November 27, 2020
CASE NO(S).: 20-013
PROCEEDING COMMENCED UNDER sections 139(1)(c) and 139(1)(e) of the Environmental Protection Act, R.S.O. 1990, c. E.19
Appellant: 1076330 Ontario Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Refusal and Revocation of an Environmental Compliance Approval for a waste transfer station and air emissions
Reference No.: A740022, 3240-6E7J9B
Property Address/Description: 150 Albert Street
Municipality: Town of Midland
Upper Tier: Simcoe County
ERT Case No.: 20-013
ERT Case Name: 1076330 Ontario Inc. v. Ontario (Environment, Conservation and Parks)
APPEARANCES:
Parties
Counsel/Representative*
1076330 Ontario Inc.
Peter Weinwurm*
Director, Ministry of the Environment, Conservation and Parks
Sarah Kromkamp
HEARD: June 3, 2020 by Telephone Conference Call
ADJUDICATOR(S): Laurie Bruce, Member
DECISION
Background
1On February 18, 2020, the Ministry of the Environment, Conservation and Parks (“Ministry”) issued a Refusal and Revocation of Environmental Compliance Approval (“ECA”) to 1076330 Ontario Inc. (the “Appellant”).
2In accordance with s. 139(1)(e) of the Environmental Protection Act, R.S.O. 1990, c. E.19 (the “Act”), the Director provided notice to the Appellant refusing their application for an amendment for a waste transfer station ECA received on November 14, 2018 and for an air ECA received on April 11, 2019. Further, in accordance with s. 139(1)(c) of the Act, the Director revoked ECA A740022 issued on July 10, 2007 for a waste transfer station and ECA 3240-6E7J9B issued on August 24, 2005 for air emissions, which had previously been issued to the Appellant.
3The Appellant is the current operator of a hazardous waste transfer/processing facility at 150 Albert Street in Midland, Ontario. The Appellant has been operating the site since February 27, 2009. The current Director of 1076330 Ontario Inc. is Peter Weinwurm.
4A Prehearing Conference Call (“PHC”) was held by telephone conference call on June 3, 2020. Presenter status was granted to the Town of Midland as represented by Legal Counsel Amanpreet Singh Sidhu. Chris McLaughlin, General Manager of the North Simcoe Community Futures Development Corporation sought presenter status on behalf of the Development Corporation. He had not advised the ERT in advance of his interest in obtaining status and indicated that he would make a written submission should the matter proceed to a further PHC.
5The parties advised the Tribunal that they wished to engage in Tribunal-led mediation. The hearing was adjourned, and another Tribunal member provided Tribunal-led mediation.
6On November 11, 2020, Mr. Weinwurm advised the Tribunal that he was withdrawing his appeal since a settlement had been reached as a result of Tribunal led meditation. The subject of the appeal, as set out in paragraph 2, had not been altered by the settlement agreement and the Director did not object to the proposed withdrawal of the appeal.
7In accordance with Rule 199 of the Tribunal’s Rules of Practice and Practice Directions, where there has been a proposed withdrawal of an appeal agreed to by all Parties and the decision under appeal is not altered by a settlement agreement, the Tribunal shall issue a decision dismissing the proceeding. As such, since the withdrawal of the appeal was agreed to by all parties and the decision under appeal is not altered, the matter is dismissed.
DECISION
8The Tribunal orders that the appeal by 1076330 Ontario Inc. is dismissed.
Appeal Withdrawn
Appeal Dismissed
“Laurie Bruce”
LAURIE BRUCE
MEMBER
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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