Ontario Land Tribunal
Issue Date: September 12, 2024
Case No(s).: OLT-24-000579
Proceeding Commenced Under subsection 139(2)(e) of the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended
Appellant: GFL Environmental Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of Appeal: New terms and conditions imposed on an Amended Environmental Compliance Approval for a 178.6 hectare landfilling site, a composting facility and a waste transfer and processing station within a total site area of 429 hectares
Reference No.: ECA No. A420018
Property Address/Description: 17125 Lafléche Road (Eastern Ontario Waste Handling Facility)
Municipality/Upper Tier: North Stormont Township/United Counties of Stormont, Dundas and Glengarry
OLT Case No.: OLT-24-000579
OLT Lead Case No.: OLT-24-000579
OLT Case Name: GFL Environmental Inc. v. Ontario (Environment, Conservation and Parks)
Heard: September 6, 2024 by Video Hearing
Parties and Counsel
GFL Environmental Inc. Rosalind Cooper
Director, Ministry of the Environment, Conservation and Parks Sarah Kromkamp
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON SEPTEMBER 6, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. GFL Environmental Inc. (“Appellant”) has filed an appeal against the Director, Ministry of the Environment, Conservation and Parks (“MECP”) pursuant to s. 139(2)(e) of the Environmental Protection Act.
2The MECP issued an amended Environmental Compliance Approval (“ECA”) to the Appellant for the Eastern Ontario Waste Handling Facility located at 17125 Lafléche Road, in the North Stormont Township. The amended ECA is for a 178.6 hectares landfilling site, a composting facility, and a waste transfer and processing station located within a total site area of 429 hectares.
3The Appellant is appealing condition 36.6, which, for the first time imposes a more stringent leachate level.
PARTY/PARTICIPANT REQUESTS
4There were no Party or Participant status requests received.
DRAFT PROCEDURAL ORDER
5The MECP’s Counsel, Sarah Kromkamp, informed the Tribunal that Parties have filed the draft Procedural Order (“PO”), and counsels requested a seven-day hearing to be scheduled as each party will call three to five witnesses.
MEDIATION
6The Parties will be open to mediation, but counsels have no instructions to initiate mediation.
DISPOSITION
7The Tribunal will schedule a seven-day Hearing for the Parties.
8The Tribunal directs that the PO with the deadlines filled in to be filed with the Case Coordinator by Friday, September 20, 2024.
HEARING
9The Hearing is scheduled to proceed by video on Monday, January 20, 2025 to Wednesday, January 29, 2025 (the Tribunal is not sitting on January 27) at 10 a.m.
10Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
11Parties and Participants 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.
12Persons 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: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
13Individuals 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 Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
14The Tribunal Orders that:
a. the Hearing will commence at 10 a.m. by video on Monday, January 20, 2025 to Wednesday, January 29, 2025; and,
b. the Procedural Order with the deadlines filled in to be filed by Friday, September 20, 2024.
15There is no further notice and the Member is not seized.
“T.F. Ng”
T.F. NG 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.