Ontario Land Tribunal

Tribunal ontarien de l’aménagement

du territoire

ISSUE DATE: October 18, 2024

CASE NO(S).: OLT 23-000646

PROCEEDING COMMENCED UNDER subsection 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended

Appellant: Orin Enterprises Inc. (File No. 008664)

Respondent: Director, Ministry of the Environment, Conservation and Parks

Subject: Order of the Director

Description: To remove demolition waste on the Site and return the Site to the conditions prior to the depositing of the waste

Reference No.: 1-206866403

Property Address: 8788 11th Line (Jessica’s Auto Wreckers)

Municipality/Upper Tier: Essa/Simcoe

OLT Case No.: OLT-23-000646

OLT Lead Case No: OLT-23-000646

OLT Case Name: Orin Enterprises Inc. v. Ontario (Environment, Conservation and Parks)

Heard: September 16, 2024, In Person

APPEARANCES:

Parties

Counsel/Representative

Orin Enterprises Inc.

Luigi Iantosca and Angela Yuen (Articling-Student)

Director, Ministry of the Environment, Sarah Valair Conservation and Parks Sarah Kromkamp Sara Shams and Hannah-Mariah West (Articling-Student)

MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON SEPTEMBER 16, 2024 AND ORDER OF THE TRIBUNAL

1Orin Enterprises Inc.(“Orin / Appellant”) appealed the Director's Order dated June 21, 2023 (“Director’s Order”), arising out of the Director, Ministry of the Environment Conservation and Parks bringing charges against the Appellant ordering work pursuant to s. 43 of the Environmental Protection Act (“EPA”), with respect to the remediation of the dumping of illegal materials on an unlicensed recipient site known as 8788 11th Line in Township of Essa, County of Simcoe (the “site”) of a former operation locally referred to as Jessica's Auto Wreckers.

2The Director’s Order was issued to two Orderees: HK United Trucks Limited and Orin. Only Orin filed its Appeal to the Tribunal.

3In the week prior to the Hearing commencing, the Tribunal was advised that the Appellant abandoned its Appeal, and the Parties would be proffering a proposed settlement in the form of a new Director’s Order, setting out a detailed remediation work programme for the consideration of the Tribunal.

4The Tribunal heard submissions from both Parties, who spent the better part of the day, parsing the final terms and wording of the new Director’s Order, which stipulates the deadlines and terms of completion for 12 milestone dates commencing immediately and running through to July 15, 2025, when it is required that a qualified person will have submitted a report attesting as to the compliance with Ontario Regulation 408/19 and/or Amending Reg. 347 of R.R.O. 1990 vis-a-vis all screened materials, all set out in the executed Minutes of Settlement, attached hereto for reference only.

5The Tribunal is satisfied that the settlement satisfies all of the applicable statutory requirements in the EPA, is consistent with the purpose and provisions of the EPA, and is in the public interest.

ORDER

6THE TRIBUNAL ORDERS, effective September 16, 2024, that the Appeal is withdrawn, and that the Director’s Order dated June 21, 2023, is hereby revoked as against Orin Enterprises Inc. only, and in its stead, the Tribunal hereby directs the Director to issue a new Director’s Order to Orin Enterprises Inc. only, effective September 16, 2024, as set out in the attached Minutes of Settlement.

7THE TRIBUNAL ORDERS that the Director’s Order dated June 21, 2023 shall continue in full force and effect against the Orderee, HK United Trucks Limited.

“Sharyn Vincent”

SHARYN VINCENT

VIce-Chair

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.