ISSUE DATE: June 27, 2024
CASE NO(S).: OLT-24-000512
PROCEEDING COMMENCED UNDER subsection 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended
Appellant: INEOS Styrolution Canada Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of Appeal: Order to perform work to prevent, reduce and eliminate the discharge of benzene
Reference No.: Director’s Order No. 1-358096039-1
Property Address: 872 Tashmoo Avenue
Municipality/Upper Tier: Sarnia/Lambton
OLT Case No.: OLT-24-000512
OLT Lead Case No.: OLT-24-000512
OLT Case Name: INEOS Styrolution Canada Ltd. v. Ontario (Environment, Conservation and Parks)
PROCEEDING COMMENCED UNDER subsection 139(2)(d) of the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended
Appellant: INEOS Styrolution Canada Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of Appeal: Alteration of terms and conditions imposed on an Environmental Compliance Approval for a hydrocarbon storage facility and a styrene and ethylbenzene production and hydrocarbon storage facility
Reference No.: ECA No. 8903-AD5HPV
Property Address/Description: 1265 Vidal Street South, 872 Tashmoo Avenue
Municipality/Upper Tier: Sarnia/Lambton
OLT Case No.: OLT-24-000516
OLT Lead Case No.: OLT-24-000512
PROCEEDING COMMENCED UNDER section 139(1)(e) of the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended
Appellant: INEOS Styrolution Canada Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of Appeal: Suspension of an Environmental Compliance Approval relating to the operation of a hydrocarbon storage facility and a styrene and ethylbenzene production and hydrocarbon storage facility
Reference No.: ECA No. 8903-AD5HPV
Property Address/Description: 1265 Vidal Street South, 872 Tashmoo Avenue
Municipality/Upper Tier: Sarnia/Lambton
OLT Case No.: OLT-24-000515
OLT Lead Case No.: OLT-24-000512
Heard: May 31, 2024 by telephone conference call
Parties and Counsel
INEOS Styrolution Canada Ltd. Rick F. Coburn Gabrielle K. Kramer
Ministry of the Environment, Conservation and Parks Nadine Harris Sarah Kromkamp
Aamjiwnaang First Nations Scott Robertson Jim Ratis
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON AND HUGH S. WILKINS ON MAY 31, 2024 AND ORDER OF THE TRIBUNAL
1A telephone conference call (“TCC”) was held on May 31, 2024, relating to appeals brought by INEOS Styrolution Canada Ltd. (“Appellant”) pursuant to s. 140(1), s. 139(2)(d), and s. 139(1)(e) of the Environmental Protection Act arising from the issuing of Director’s Order No. 1-358096039-1, Amended Environmental Compliance Approval No. 8903-AD5HPV (“Amended ECA”), and a Notice of Suspension of the Amended ECA, all dated May 1, 2024. The appeals relate to the operation of the Appellant’s facilities located at 872 Tashmoo Avenue (“Site”), in the City of Sarnia.
STATUS REQUESTS
2In advance of this TCC, the Tribunal was in receipt of one written request for Party status from the Aamjiwnaang First Nation (“AFN”). The Site is next to the AFN community. The AFN stated that its members have experienced significant health and safety impacts due to benzene emissions from the Site. It submitted that given these impacts and its location next to the Site, the AFN has a direct and genuine interest in the appeal proceedings, will be impacted by the outcome of the proceedings, and can assist the Tribunal in making its decisions by providing evidence and submissions relating to the impacts of emissions from the Site. Neither the Director nor the Appellant objected to the AFN’s request for Party status. Considering s. 145(1) of the Environmental Protection Act and Rule 8.2 of the Ontario Land Tribunal’s Rules of Practice and Procedure, and given the AFN’s direct interest in these proceedings, the Tribunal found that there were reasonable grounds to add the AFN as a Party to the proceedings and so directed.
SCHEDULING
3The Parties agreed to submit a list of landowners within 120 metres of the Site and of Interested Persons who should receive notice of the first Case Management Conference (“CMC”) in these proceedings. Subsequent to the TCC, the Tribunal received the list and sent notice of the first CMC.
4The first CMC is scheduled for Friday, July 12, 2024, at 10 a.m. by video.
5The Appellant indicated that it wishes to bring a stay motion in October after a federal Order relating to the Site under the Canadian Environmental Protection Act has been addressed. The Tribunal scheduled a two-day Stay Motion hearing to commence on Thursday, October 31, 2024, at 10 a.m. by video.
[6] The hearings are scheduled to proceed by video as follows: Friday, July 12, 2024 at 10 a.m. (one-day CMC hearing) GoTo Meeting: https://meet.goto.com/348282861 Access code: 348-282-861 Audio-only telephone line: 1 (888) 299 1889 or +1 (647) 497-9373 Audio-only access code: 348-282-861
Thursday, October 31, 2024 at 10 a.m. (two-day Motion hearing) GoTo Meeting: https://global.gotomeeting.com/join/709076365 Access code: 709-076-365 Audio-only line: 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 709-076-365
7Parties and observers are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
8Parties and observers 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
9Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into 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 CMC by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
11On June 5, 2024, the Tribunal received from the Parties a proposed schedule for the exchange of motion materials in preparation for the stay motion. The Tribunal agrees with the proposed schedule and directs that the exchange of motion materials be conducted using the following due dates:
Appellant to serve and file the Moving Party Motion Record by no later than Friday, July 5, 2024;
Responding Parties to serve and file their Responding materials by no later than Friday, August 9, 2024;
Appellant to serve and file its Reply materials, if any, by no later than Monday, August 26, 2024;
Cross-examinations of affiants on their materials to be concluded by no later than Monday, September 30, 2024; and
Written Submissions to be served and filed by the Parties by no later than Thursday, October 24, 2024.
ORDER
12The Tribunal confers Party Status to the Aamjiwnaang First Nation in all three proceedings.
13The case management directives set out above are so ordered.
14The Panel is not seized.
“A. Snowdon”
A. SNOWDON
MEMBER
“Hugh S. Wilkins”
HUGH S. WILKINS
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.