Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 08, 2021
CASE NO(S).: OLT21-001282
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: Bilal Farms Inc. (File No. 001405)
Appellant: Sultan Zazai (File No. 001406)
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of leave to appeal: Order to remove all accumulated manure from the site, and immediately discontinue any outdoor washing of waste containers and or waste hauling trailers
Reference No.: 1-74634185
Property Address/Description: 1924 Landry Road
Municipality: Clarence-Rockland
Upper Tier: United County of Counties of Prescott and Russell
OLT Case No.: 21-001282
OLT Case Name: Bilal Farms Inc. v. Ontario (Environment, Conservation and Parks)
Heard: September 28, October 6 and 27, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel/Representative*
Bilal Farms Inc.
S. Zazai*
Director, Ministry of the Environment,
N. Harris
Conservation and Parks
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW AND ORDER OF THE TRIBUNAL
1Bilal Farms Inc. (“Appellant”) lodged an appeal to Director’s Order No. 1-74634185 (“Director’s Order”) of the Ministry of the Environment, Conservation and Parks (“MECP”) pertaining to 1924 Landry Road (“site”) in the City of Clarence-Rockland. This hearing was convened by telephone conference call (“TCC”), initially to consider an interim stay request for the matters under appeal, but later changed to a settlement hearing on consent of the Parties.
2Under the Environmental Protection Act (“EPA”) and the Ontario Water Resources Act (“OWRA”), the Director’s Order requires the Appellant to, in general terms: 1) remove manure from the site; 2) improve wastewater management; 3) develop a plan for suitable manure storage and removal; 4) notify the Provincial Officer ahead of the next emptying of the onsite holding tank; and 5) restore the site where wastewater pooled or infiltrated.
3The Appellant does not dispute the actions required by the Director’s Order. The Appellant disputes only the compliance dates imposed for Item Nos. 1, 3 and 5 on the basis that more time is required to remove the manure, to retain a qualified professional to develop a manure management plan, and to complete onsite restoration.
4Given that only the timing of compliance is at issue, and that scheduling an interim stay motion hearing would require necessary time for the exchange of submissions, the Parties agreed to discuss compliance dates that may settle the appeal. The TCC was reconvened twice at the Parties’ request for additional time for discussion, leading to the proposed solution as follows.
5The Parties advised that the Appellant has satisfied Item No. 3 and that a revised Compliance Date of December 10, 2021 is agreed to for Item Nos. 1 and 5. On such settlement, the Appellant withdraws the appeal in full.
6With consent of the Parties on revised dates for compliance, and no appeal to the substance of the Director’s Order, the Tribunal finds that the Director’s Order is approved, subject to the Compliance Dates for Items Nos. 1 and 5 being December 10, 2021.
7On the submissions of the Parties, the Tribunal considers the revised compliance dates to be appropriate in the circumstances and to comply with all relevant legislative requirements. Section 145.2 of the EPA and Section 34.10(7) of the OWRA authorize the Tribunal to alter an action or decision of the Director, being the Director’s Order in this case. With the Director’s request for revised compliance dates, the Tribunal is satisfied that the revised Director’s Order protects and conserves the natural environment in accordance with the EPA and provides for the appropriate conservation, protection and management of water in accordance with the OWRA.
ORDER
8The Tribunal Orders that the appeal is allowed in part and Director’s Order No. 1-74634185 is amended by changing the Compliance Date for Item No. 1 and Item No. 5 to “12/10/2021” (i.e., December 10, 2021).
9In all other respects, the appeal is dismissed.
“S. Tousaw”
S. TOUSAW
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.