Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 09, 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/Description: 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: December 4, 2024 by video hearing
APPEARANCES:
Parties
Counsel
Clean Harbors Canada Inc.
Alexander Steele
Hannah Mirsky
Director, Ministry of the Environment,
Nadine Harris
Conservation, and Parks
Sarah Kromkamp
MEMORANDUM OF ORAL DECISION DELIVERED BY a. snowdon ON DECEMBER 4, 2024 AND ORDER OF THE TRIBUNAL
1This Decision arises from the hearing relating to an appeal brought pursuant to s. 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E. 19, (“Hearing”) against the Director’s Order No. 1-643278916 issued by the Director, Ministry of the Environment, Conservation, and Parks prescribing certain actions to dispose, manage, and reduce leachate from the property municipally known as 4090 Telfer Road, in the Township of St. Clair.
STATUS REQUESTS
2The Tribunal received no requests for Party status or Participant status prior to or during the Hearing.
OPPORTUNITIES FOR SETTLEMENT/MEDIATION
3The Parties have informed the Tribunal that a settlement has been reached. However, a finalized settlement agreement is still being drafted.
NEXT STEPS
4The Parties have requested an adjournment to finalize the settlement agreement. The Tribunal has granted the request and scheduled a new hearing date.
5The Hearing is scheduled to proceed by video on Tuesday, December 10, 2024 at 10 a.m.
6Parties and Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Access code: 927-921-077
7Parties 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
8Persons 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: +1 (647) 497-9391 or (toll free) 1-888-299-1889. The access code is: 927-921-077.
9Individuals 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.
10Clean Harbors Canada Inc. (“Appellant”) has agreed to submit the finalized settlement documents by Friday, December 6, 2024, in support of the settlement agreement.
ORDER
11The Tribunal directives set out above are so ordered.
“A. Snowdon”
a. snowdOn
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.