Ontario’s Environmental Review Tribunal Leave to Appeal – Document March 30, 2012March 30 | Posted by Jeff | Document Library
This 26 page document gives details of the decision taken by Ontario’s Environmental Review Tribunal (ERT) to grant leave to appeal certain terms of Waste Management’s Environmental Monitoring Plan for the closed Richmond Landfill.
(from the document)
“The landfill is located approximately 1 km north of Highway 401, northeast of the intersection of County Road 10 and Beechwood Road. This rural area does not have a municipal water system and inhabitants rely on groundwater for their drinking water. The area has thin surface soil and highly fractured bedrock, making local aquifers especially vulnerable to contamination. The landfill is located within the catchment area of Marysville Creek, the Creek itself being immediately north of the waste mound, and the Beechwood Road ditch, which is south of the landfill and acts as a drainage feature for the southern portion of the landfill and the agricultural lands to the east. The ditch discharges into the Creek several kilometres downstream of the site.”
“The essence of the Applicant’s argument … is that the challenged conditions in the ECA are substantively deficient and procedurally flawed, in that they fail to reflect principles or requirements of relevant laws and policies, and therefore that the decision of the Director to issue the ECA was one that no reasonable person could have made because it failed to adequately consider, incorporate or reflect relevant laws and policies.”