Content Copy Of Original

Transcription

1 Content Copy Of Original Ministry of the Environment and Climate Change Ministère de l Environnement et de l Action en matière de changement climatique Ontario Limited 609 Alice Ave Thunder Bay, Ontario P7G 1X1 AMENDMENT TO ENVIRONMENTAL COMPLIANCE APPROVAL NUMBER A Notice No. 8 Issue Date: February 17, 2016 Site Location: Lappe Landfill Site Kam Current Road Lot 13, Concession 4 Gorham Unorganized Township, District of Thunder Bay You are hereby notified that I have amended Approval No. A issued on June 14, 1996 and amended on December 17, 2002, June 25, 2003, January 30, 2004, April 8, 2004, December 3, 2004, and November 10, 2006 for the use and operation of a Waste Disposal Site, with a maximum capacity not to exceed 3,000,000 cubic meters, as follows: For the purpose of this amendment to the environmental compliance approval, the following definitions apply: "Director" means any Ministry employee appointed in writing by the Minister pursuant to section 5 of the EPA as a Director for the purposes of Part V of the EPA; "District Manager" refers to the District Manager in the Ministry of the Environment's Thunder Bay District Office; "District Office" refers tot he Ministry of the Environment Thunder Bay District Office; "Environmental Compliance Approval" or "ECA" means this entire provisional Environmental Compliance Approval document, issued in accordance with Section 20.2 of the EPA, and includes any schedules to it, the application and the supporting documentation listed in Schedule "A"; "EPA" means Environmental Protection Act, R.S.O. 1190, c. E. 19, as amended from time to time; "MOECC" or "Ministry" refers to the Ontario Ministry of the Environment and Climate Change; "Owner" means any person that is responsible for the establishment or operation of the Site being approved by this Approval, and includes its successors and assigns; "Site" means the entire waste disposal site being known as Lappe Landfill Site located on Lot 13, Concession 4 in the Unorganized Township of Gorham in the District of Thunder Bay, approved by this Certificate.

2 Condition 31 is hereby revoked and replaced as follows: 31.1 The Site is approved to accept 100% solid non-hazardous industrial and commercial waste By no later than March 15, 2016, the Owner shall submit to the Director, for approval, a temporary plan of where waste will be placed and a summary of daily limits of waste to be accepted at the Site, until the updated Design and Operations Plan as requested in Condition 44 is submitted and approved. Conditions 40, 41, 42, 43, 44 and 45 are hereby added as follows: 40.0 GENERAL LANDFILL OPERATIONS Cover Material Cover material shall be applied as follows: (a) Daily Cover - By the end of each working day, the entire working face shall be compacted and covered with a minimum thickness of 150 mm of soil cover or an approved thickness of alternative cover material; (b) Intermediate Cover - In areas where landfilling has been temporarily discontinued for six (6) months or more, a minimum thickness of 300 millimetre of soil cover or an approved thickness of alternative cover material shall be placed; and (c) Final Cover - In areas where landfilling has been completed to final contours, a minimum of 600 millimetre thick layer of soil of medium permeability and 150 millimetres of top soil (vegetative cover) shall be placed. Fill areas shall be progressively completed and rehabilitated as landfill development reaches final contours Alternative materials to soil may be used as daily and interim cover material, based on an application with supporting information and applicable fee for a trial use or permanent use, submitted by the Owner to the Director, copied to the District Manger and as approved by the Director via an amendment to this ECA. The alternative material shall be non-hazardous according to Reg. 347 and will be expected to perform at least as well in soil in relation to the following functions: (a) Control of blowing litter, odours, dust, landfill gas, gulls, vectors, vermin and fires; (b) Provision for an aesthetic condition of the landfill during the active life of the Site; (c) Provision for vehicle access to the active tipping face; and (d) Compatibility with the design of the Site for groundwater protection, leachate management and landfill gas management The following materials may be used as alternative daily cover material: i. Clean wood chips may be used as daily cover material (150 mm thickness); ii. Contaminated soil that is designated non-hazardous in accordance with Regulation 347 that is brought to the landfill for disposal may be used as daily cover material; iii. Composted leaf and yard waste; iv. Mixed leaf and yard waste mixed with cover soil, and/or wood chips; and v. Geomemberane covers. Litter Pick-Up 40.3 i. The Owner shall undertake litter pick-up around the Site in the early spring and late fall, including the bushline and any surface water bodies on the property. ii. The Owner shall also undertake regularly scheduled litter pick-ups around the Site between the months of May and September.

3 Vector/Vermin 40.4 Vermin and vectors shall be adequately controlled at the Site by the Owner. In the event that the vermin and the vector population should increase and become a hazard, a licensed exterminator shall be engaged by the Owner at the necessary frequency to bring the problem under control. Dust 40.5 The Owner shall control fugitive dust emissions from on site sources including but not limited to on-site roads, stockpiled cover material and, closed landfill area prior to seeding especially during times of dry weather conditions. If necessary, major sources of dust shall be treated with water and/or dust suppression materials to minimize the overall dust emissions from the Site. Noise 40.6 The Owner shall comply with noise criteria in MOE Guideline entitled "Noise Guidelines for Landfill Sites." Spills 40.7 i. The Owner shall on a monthly basis conduct and document visual inspections of the landfill site for leachate outbreaks. ii. Within one (1) week of a leachate outbreak being identified during the monthly inspections identified in Condition 40.7(i), the Owner shall notify the District Office in writing of the occurrence and actions to be taken INSPECTIONS AND RECORD KEEPING Daily Inspections and Log Book 41.1 An inspection of the entire Site and all equipment on the Site shall be conducted each day the Site is in operation to ensure that the Site is being operated in compliance with this ECA. Any deficiencies discovered as a result of the inspection shall be remedied immediately, including temporarily ceasing operations at the Site if needed A record of the inspections shall be kept in a daily log book or a dedicated electronic file that includes; i. the name and signature of person that conducted the inspection; ii. the date and time of the inspection; iii. the list of any deficiencies discovered; iv. the recommendations for remedial action; and v. the date, time and description of actions taken (a) A record shall be kept in the daily log book for any refusal of waste shipments, the reason(s) for refusal, and the origin of the waste, if known. (b) At least once a year before the submission of the Annual Report required by Condition 14, the Owner shall conduct a topographic survey of the limit of landfilling to determine the approximate volume of waste that has been landfilled at the Site. The survey results shall be included in the Annual Report required by Condition 14.

4 Site Inspections 41.4 During Site operations, the Owner shall inspect the Site monthly for the following items but not limited to these items: i. General settlement areas or depressions on the waste mound; ii. Shear and tension cracks on the waste mound; iii. Condition of surface water drainage works; iv. Erosion and sedimentation in surface water drainage system; v. Presence of any ponded water on the waste mound; vi. Evidence of vegetative stress, distressed poplars or side slope plantings on or adjacent to the waste mound; and vii. Condition of fence surrounding the Site. Record Retention 41.5 Except as authorized in writing by the Director, all records required by this ECA shall be retained at the Site for a minimum of two (2) years from their date of creation The Owner shall retain all documentation listed in Schedule "A" for as long as this ECA is valid All monthly summary reports are to be kept at the Site until they are included in the Annual Report The Owner shall retain employee training records a long as the employee is working at the Site The Owner shall make all of the above documents available or inspection upon request of Minsitry staff COMPLAINTS PROCEDURE 42.1 If at any time, the Owner receives complaints regarding the operation of the Site, the Owner shall respond to these complaints according to the following procedure: a. The Owner shall record and number each complaint, either electronically or in a log book, and shall include the following information: the nature of the complaint, the name, address and the telephone number of the complainant if the complainant will provide this information and the time and date of the complaint; b. The Owner, upon notification of the complaint, shall initiate appropriate steps to determine all possible causes of the complaint, proceed to take the necessary actions to eliminate the cause of the complaint and forward a formal reply to the complainant; and c. The Owner shall complete a report written within one (1) week of the complaint date, listing the actions taken to resolve the complaint and any recommendations for remedial measures, and managerial or operational changes to reasonably avoid the recurrence of similar incidents. A copy of the report shall be retained on-site The Owner shall post site complaints procedure at site entrance along with the name and phone number of a suitable, local contact to receive complaints or questions related to the Site. All complaints and the Owner 's actions taken to remedy the complaints must be summarized in the Annual Report EMERGENCY SITUATIONS

5 43.1 In the event of a fire or discharge of a contaminant to the environment, Site staff shall contact the MOECC Spills Action Centre ( ) and the District Office of the MOECC The Owner shall submit to the District Manager a written report within 3 days of the spill or incident, outlining the nature of the incident, remedial measures taken and measures taken to prevent future occurrences at the Site The Owner shall prepare an Emergency Response Manual for the Site and submit to the District Manager within 60 days of the issuance of this amendment, in consultation with local emergency response agencies. the Emergency Response Manual should indicate the responsibility of each of the stakeholders with respect to handling possible emergency situations The Emergency Response Manual shall be updated on a regular basis and be provided to the District Manager within one month of the revision date The Owner shall ensure that adequate fire fighting and contingency spill clean up equipment is available and that emergency response personnel are familiar with its use and location DESIGN, OPERATION AND MAINTENANCE 44.1 By no later than April 30, 2016, the Owner shall submit to the Director for approval, with copies to the District Manager, a Design, Operation and Maintenance Plan pertaining to current operational procedures at the Site. The plan shall include, but not be limited, to the following: a) a plan(s) showing the site location, site plan, the current site conditions, the limits for the point of compliance and proposed limits of wastes; b) a description of the waste disposal site design and related features such as the following: i. waste disposal site containment and/or treatment features (Engineered or natural attenuation); ii. Buffer Area; iii. Sideslopes; iv. Leachate Collection System; v. Monitoring wells; vi. Surface water drainage structures or features; and vii. Utilities. c) Waste inspection procedures; d) The waste disposal site service area, the type of waste accepted, theoretical site capacity, the current volume of waste disposed at the site and the expected remaining life expectancy; e) Leachate Management procedures and testing; f) Site operation and maintenance procedures. These items shall include but not be limited to the following; i. Hours of Operation; ii. Security/Access; iii. Signage; iv. Daily/Interim Cover Material; v. Recycling Operations; vi. Equipment and Buildings; vii. Litter Control; viii. Dust and Noise Control; ix. Animal/Vector Control.

6 g) Schedule for inspections at the site, including outdoor storage facilities; h) Description of the leachate management plan at the site and contingency plan addressing leachate outbreaks or migration off-site; i) Description on the steps to be taken to address complaints at the site such as odours, dust, noise, vectors, vermin, rodents; 44.2 A copy of the Design and Operations shall be kept at the Site at all times for operator reference ENVIRONMENTAL MONITORING PLAN 45.1 By no later than April 30, 2016 the Owner shall submit to the Director, for approval, and copies to the District Manager, an updated Environmental Monitoring Plan that reflects the addition types of waste being accepted at the Site. Landfill Gas 45.2 The Owner shall ensure that any buildings or structures at the Site contain adequate ventilation systems to relieve any possible landfill gas accumulation. Routine monitoring for explosive methane gas levels shall be conducted in all buildings or structures at the Site, especially enclosed structures which at times are occupied by people. Compliance Limits 45.3 The Site shall be operated in such a way as to ensure compliance with the following; Provincial Water Quality Objectives included in the July 1994 publication entitled Water Management Policies, Guidelines, Provincial Water Quality Objectives, as amended from time to time or limits set by the Regional Director for the protection of the surface water at and off the Site. Trigger Mechanisms and contingency Plans 45.4 (a) By January 1, 2018, the Owner shall submit to the Director, for approval, and copies to the District Manager, within a time frame agreeable tot he District Manager, details of a trigger mechanisms plan for surface water and groundwater quality monitoring for the purpose of initiating investigative activities into the cause of increased contaminant concentrations at the CAZ limit. (b) By January 1, 2018, the Owner shall submit to the Director for approval, and copies to the District Manager, within a time frame agreeable to the District Manager, of a contingency plan to be implemented in the event that the surface water or groundwater quality exceeds the a trigger mechanism at the CAZ limit In the event of a confirmed exceedence of a site-specific trigger level relating to leachate mounding or groundwater or surface water impacts due to leachate, the Owner shall immediately notify the District Manager, and an investigation into the cause and the need for implementation of remedial or contingency actions shall be carried out by the Owner in accordance with the approved trigger mechanisms and associated contingency plans If monitoring results, investigative activities and/or trigger mechanisms indicate the need to implement contingency measures, the Owner shall ensure that the following steps are taken: (a) The Owner shall notify the District Manager, in writing of the need to implement contingency measures, no later than 30 days after confirmation of the exceedences;

7 (b) Detailed plans, specifications and descriptions for the design, operation and maintenance of the contingency measures shall be prepared and submitted by the Owner to the District Manager for approval; and (c) The contingency measures shall be implemented by the Owner upon approval by the District Manager The Owner shall ensure that any proposed changes to the site-specific trigger levels for leachate impacts to the surface water or ground water, are approved in advanced by the Director via an amendment to this ECA. Changes to the Monitoring Plan 45.8 The Owner may request to make changes to the monitoring program(s) to the District Manager in accordance with the recommendations of the annual report. The Owner shall make clear reference to the proposed changes in separate letter that shall accompany the annual report Within fourteen (14)days of receiving the written correspondence from the District Manager confirming that the District Manager is in agreement with the proposed changes to the environmental monitoring program, the Owner shall forward a letter identifying the proposed changes and a copy of the correspondences from the District Manager and all other correspondences and responses related to the changes to the monitoring program, to the Director requesting the ECA be amended to approve the proposed changes to the environmental monitoring plan prior to implementation In the event any other changes to the environmental monitoring program are proposed outside of the recommendation of the annual report, the Owner shall follow current ministry procedures for seeking approval for amending the ECA. Condition 14 is hereby revoked and replaced as follows: 14.0 ANNUAL REPORTING 14.1 A written report on the development, operation, monitoring and closure of the Site, shall be completed annually (the "Annual Report"). The annual Report shall be submitted to the District Manger by March 1st of each year and shall cover the year ending in the preceding December 31st The Annual Report shall include the following: i. the results and an interpretive analysis of the results of all leachate, surface water and landfill gas monitoring, including an assessment of the need to amend the monitoring programs; ii. in 2018, and every six years after that, the annual report shall include a comprehensive monitoring report, more frequent submissions are only required if leachate concentrations unexpectedly increase; iii. an assessment of the operation and performance of all engineered facilities, the need to amend the design or operation of the Site, and the adequacy of and need to implement the contingency plants; iv. Site plans showing the existing contours of the Site; v. areas of landfilling operation during the reporting period; vi. areas of intended operation during the next reporting period; vii. areas of excavation during the reporting period; viii. the progress of final cover, vegetative cover, and any intermediate cover application; ix. previously existing site facilities; x. facilities installed during the reporting period; xi. Site preparations and facilities planned for installation during the next reporting period; xii. calculations of the volume of waste, daily and intermediate cover, and final cover deposited or placed at the Site during the reporting period;

8 xiii. a summary estimated annual quantity (cubic metres) of waste received at the Site; xiv. a summary of any complaints received and the responses made; xv. a discussion of any operational problems encountered at the Site and corrective actions taken; xvi. a summary of the amount of wastes refused for disposal at the Site, the reasons for refusal and the carrier who brought the waste to the Site; xvii. a report on the status of all monitoring wells and a statement as to compliance with Ontario Regulation 903; xviii. any other information with respect to the site which the District Manager or Regional Director may require from time to time; xix. a statement of compliance with all conditions of this ECA and other relevant Ministry groundwater and surface water requirements; xx. a confirmation that the site inspection program as required by this ECA has been complied with by the Owner; xxi. any changes in operations, equipment or procedures employed at the Site; and xxii. recommendations regarding any proposed changes in operations of the Site. The reasons for this amendment to the Approval are as follows: 1. The reason for Conditions 40.1 and 40.2 are to ensure that landfilling operations are conducted in an environmentally acceptable manner. Daily and intermediate cover is used to control potential nuisance effects, to facilitate vehicle access on the site, and to ensure an acceptable site appearance is maintained. The proper closure of a landfill site requires the application of a final cover which is aesthetically pleasing, controls infiltration, and is suitable for the end use planned for the site. 2. The reasons for Conditions 40.3, 40.4, and 40.5 are to ensure that the Site is operated, inspected and maintained in an environmentally acceptable manner and does not result in a hazard or nuisance to the natural environment or any person. 3. The reason for Condition 40.6 is to ensure that noise from or related to the operation of the landfill is kept to within the Ministry limits and does not result in a hazard or nuisance to any person. 4. The reasons for Conditions 40.7, 43.1, and 43.2 are to ensure that the Ministry is informed of any spills or fires at the Site and to provide public health and safety and environmental protection. 5. The reason for Conditions 41.1, 41.2, and 41.4 are needed to ensure regular inspections of the site are conducted in order to protect the natural environment. 6. The reason for Conditions 41.3, 41.6, 41.7, 41.8, 41.9, and is to ensure that accurate waste records are maintained to ensure compliance with the conditions in this ECA (such as fill rate, site capacity, record keeping, annual reporting, and financial assurance requirements), the EPA and its regulations. 7. The reason for Conditions 42.1 and 42.2 is to establish a forum for the exchange of information and public dialogue on activities carried out at the landfill Site. Open communication with the public and local authorities is important in helping to maintain high standards for the site operation and environmental protection. 8. The reasons for Conditions 14.1 and 14.2 are to ensure that regular review of site development, operations and monitoring data is documented and any possible improvements to site design, operations or monitoring programs are identified. An annual report is an important tool used in reviewing Site activities and for determining the effectiveness of site design.

9 This Notice shall constitute part of the approval issued under Approval No. A dated June 14, 1996 In accordance with Section 139 of the Environmental Protection Act, you may by written Notice served upon me, the Environmental Review Tribunal and in accordance with Section 47 of the Environmental Bill of Rights, 1993, S.O. 1993, c. 28 (Environmental Bill of Rights), the Environmental Commissioner, within 15 days after receipt of this Notice, require a hearing by the Tribunal. The Environmental Commissioner will place notice of your appeal on the Environmental Registry. Section 142 of the Environmental Protection Act provides that the Notice requiring the hearing shall state: 1. The portions of the environmental compliance approval or each term or condition in the environmental compliance approval in respect of which the hearing is required, and; 2. The grounds on which you intend to rely at the hearing in relation to each portion appealed. Pursuant to subsection 139(3) of the Environmental Protection Act, a hearing may not be required with respect to any terms and conditions in this environmental compliance approval, if the terms and conditions are substantially the same as those contained in an approval that is amended or revoked by this environmental compliance approval. The Notice should also include: 3. The name of the appellant; 4. The address of the appellant; 5. The environmental compliance approval number; 6. The date of the environmental compliance approval; 7. The name of the Director, and; 8. The municipality or municipalities within which the project is to be engaged in. And the Notice should be signed and dated by the appellant. This Notice must be served upon: The Secretary* Environmental Review Tribunal 655 Bay Street, Suite 1500 Toronto, Ontario M5G 1E5 AND The Environmental Commissioner 1075 Bay Street, Suite 605 Toronto, Ontario M5S 2B1 The Director appointed for the purposes of Part II.1 of the Environmental Protection Act Ministry of the Environment and ANDClimate Change 135 St. Clair Avenue West, 1st Floor Toronto, Ontario M4V 1P5 * Further information on the Environmental Review Tribunal s requirements for an appeal can be obtained directly from the Tribunal at: Tel: (416) , Fax: (416) or This instrument is subject to Section 38 of the Environmental Bill of Rights, 1993, that allows residents of Ontario to seek leave to appeal the decision on this instrument. Residents of Ontario may seek leave to appeal within 15 days from the date this decision is placed on the Environmental Registry. By accessing the Environmental Registry at you can determine when the leave to appeal period ends. The above noted activity is approved under s.20.3 of Part II.1 of the Environmental Protection Act.

10 DATED AT TORONTO this 17th day of February, 2016 AV/ c: District Manager, MOECC Thunder Bay - District Leif Nelson, True Grit Consulting Ltd. Dale Gable, P.Eng. Director appointed for the purposes of Part II.1 of the Environmental Protection Act