Ontario Land Tribunal
Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: November 19, 2024
CASE NO(S).: OLT-24-000986
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: Clean Harbors Canada, Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order regarding the disposal of leachate at the site, and the submission of a written abatement plan
Reference No.: 1-643278916
Property Address: 4090 Telfer Road
Municipality: Township of St. Clair
Upper Tier: County of Lambton
OLT Case No.: OLT-24-000986
OLT Lead Case No.: OLT-24-000986
OLT Case Name: Clean Harbors Canada, Inc. v. Ontario (Environment, Conservation and Parks)
Heard: October 22, 2024 by telephone conference call ("TCC")
APPEARANCES:
| Parties | Counsel |
|---|---|
| Director, Ministry of the Environment, Conservation and Parks ("Director") | N. Harris S. Kromcamp H. West |
| Clean Harbors Canada, Inc. ("Appellant" or "Clean Harbors") | A. Steele |
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON OCTOBER 22, 2024 AND ORDER OF THE TRIBUNAL
1This decision arises from a TCC scheduled by the Tribunal at the request of the Appellant, who seeks to bring a motion to have the Tribunal impose a stay, or interim stay, of the Director's Order Number 1-278639222 that was issued to Clean Harbors on August 29, 2024 ("Order"). The TCC was held on October 22, 2024.
2The Order related to the Director's allegation regarding the disposal of leachate and the submission of a written abatement plan in relation to the property municipally known as 4090 Telfer Road in the Township of St. Clair ("Property").
3At the TCC, counsel for the Parties advised that they had reached agreement with respect to Item #5 of the Order, such that a motion to stay that matter was no longer needed. However, counsel for the Appellant noted that Item # 1 of the Order was still in dispute and sought a hearing for a motion to stay that aspect.
4The Parties also sought a Case Management Conference ("CMC") to generally deal with the hearing of the appeal. They have agreed to submit a draft Procedural Order one week prior to that CMC. The Tribunal has scheduled the CMC to commence on Wednesday, December 4, 2024, at 10 a.m.
5The motion to stay Item #1 of the Order was scheduled to commence on Thursday, January 9, 2025, at 10 a.m. at the request of Clean Harbours, but subsequent to the TCC, counsel for Clean Harbours withdrew its request for a stay.
6The CMC is scheduled to proceed by video as follows:
Wednesday December 4, 2024 at 10 a.m. (one-day CMC)
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Access code: 909-787-981
Audio-only telephone line: +1 (647) 497-9391 or (toll free) 1-888-455-1389
Audio-only access code: 909-787-981
7Parties and Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections.
8Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
9Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line.
10Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal's Case Coordinator.
ORDER
11THE TRIBUNAL ORDERS THAT:
(a) A Case Management Conference shall be held as scheduled above;
(b) The Parties shall submit a draft Procedural Order at least one week prior to the Case Management Conference; and
(c) Item # 5 of the Director's Order Number 1-278639222 shall be modified so as to require compliance by the Appellant on or before Tuesday, December 10, 2024.
"William R. Middleton"
WILLIAM R. MIDDLETON
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.