Appeal of Ontario Graphite Ltd - Multiple orders

ERO number
013-4794
Notice stage
Appeal
Appeal posted
Last updated
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Appeal summary

The applicants are appealing the Director’s amendment of an existing order to address the treatment of mine water discharges at the Kearney graphite mine in Kearney, Ontario.

Appeal details

Date Filed: 04/26/2019
Case Number: 19-009

Applicants

Ontario Graphite Ltd.
2142 Forestry Tower Road
Post Office Box Delivery 138
Kearney, Ontario
P0A 1M0

Derek Hirsch, Director
2142 Forestry Tower Road
Post Office Box Delivery 138
Kearney, Ontario
P0A 1M0

Ellerton Castor, Director and Authorized Signing Officer, Chief Financial Officer and Chief Administrative Officer
2142 Forestry Tower Road
Post Office Box Delivery 138
Kearney, Ontario
P0A 1M0

Tom Burkett, Chief Executive Officer
2142 Forestry Tower Road
Post Office Box Delivery 138
Kearney, Ontario
P0A 1M0

Decision under Appeal

The applicants are appealing certain portions of the latest amendment to the order including, but not limited to;

  • The installation of permanent water level staff gauges that function for all water level scenarios
  • Implement of a long-term water level monitoring program
  • Obtain a sewage works approved by Environmental Compliance Approval No. 2876-B3AQTS by December 31, 2019.

Consult the Environmental Review Tribunal’s website for more information.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

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Contact

More information, including hearing dates and locations can be provided by the appellate body. Additional information about the instrument appeal process, can be provided by the Ministry of the Environment, Conservation and Parks.

Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Environmental Review Tribunal


Ministry of the Environment, Conservation and Parks
Environmental Bill of Rights Office
40 St. Clair Ave. West
12th Floor
Toronto, ON
M4V 1M2

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Original decision

Ontario Graphite Ltd - Multiple orders

Instrument type: Multiple orders

ERO number
013-4794
Ministry reference number
8555-A6ESGE-a3
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision Appeal
Decision posted
Comment period
March 6, 2019 - April 5, 2019 (30 days) Closed
Last updated

This consultation was open from:
March 6, 2019
to April 5, 2019

Follow this notice

Decision summary

We have amended an order in relation to Kearney Graphite Mine to ensure that actions are taken to protect the environment.

Location details

Site address

2142 Forestry Tower Road
Kearney, ON
P0A 1C0
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Ontario Graphite Ltd
2142 Forestry Tower Road
Post Office Box Delivery 138
Kearney, ON
P0A 1M0
Canada

Derek Hirsch, Director
2142 Forestry Tower Road
Post Office Box Delivery 138
Kearney, ON
P0A 1M0
Canada

Ellerton Castor, Director and Authorized Signing Officer, Chief Financial Officer and Chief Administrative Officer
2142 Forestry Tower Road
Post Office Box Delivery 138
Kearney, ON
P0A 1M0
Canada

Tom Burkett, CEO
2142 Forestry Tower Road
Post Office Box Delivery 138
Kearney, ON
P0A 1M0
Canada

Decision details

An amended Director’s Order (8555-A6ESGE) was issued On April 12, 2019.

The amendment adds the following requirements to an existing order

  1. By 80 days after the Order is served, the Orderees shall implement the long term water level monitoring program and have the Qualified Person submit written confirmation to the Director that the long term water level monitoring program has been implemented as per their design.
  2. By October 31, 2019, the Orderees shall complete the Polishing Pond dam raise that is described in Stantec Consulting Ltd.’s Geotechnical Design Report dated March 9, 2012 forming Schedule A of the ECA.
  3. By November 30, 2019, the Orderees shall have the Qualified Person submit to the Director a prepared statement, certified by the Qualified Person, that the Polishing Pond Dam raise has been constructed in accordance with Stantec Consulting Ltd.’s Geotechnical Design Report dated March 9, 2012 forming Schedule A of the ECA.
  4. By December 31, 2019, the Orderees shall construct works entitled “Polishing Pond System” (with the exception of the Polishing Pond dam raise which is required in Work Order Item No. 21) and the “Stormwater Trench & Groundwater Collection Systems” that are described under the heading Proposed Works in the ECA.
  5. By January 31, 2019, the Orderees shall have the Qualified Person submit to the Director a prepared statement, certified by the Qualified Person, that the works entitled “Polishing Pond System” (with the exception of the Polishing Pond Dam raise which is required in Work Order Item No. 22) and the “Stormwater Trench & Groundwater Collection Systems” is constructed in accordance with the ECA.
  6. By December 31, 2020, the Orderees shall have the Qualified Person submit to the Director a set of the as-built construction drawings of the works entitled “Polishing Pond System” and the “Stormwater Trench & Groundwater Collection Systems”.

Comments received

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0

By email

0

By mail

0
View comments submitted through the registry

Supporting materials

Related filesClick to Expand Accordion
 
013-4794_FinalOrder_1.pdf
pdf 92.07 KB

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Drinking Water and Environmental Compliance Division - Northern Region (North Bay)
Address

191 Booth Road
Unit 16 & 17
North Bay, ON
P1A 4K3
Canada

Office phone number
800-609-5553

How to Appeal

This instrument decision can be appealed. You have 15 days from May 1, 2019 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.

Appeal process for decisions published before June 1, 2021

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON 
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)

Issuing authority
Carroll Leith
Manager

Timmins District Office
5520 101 Highway East
PO Bag 3080
South Porcupine, ON
P0N 1H0
Canada

705-266-4420

Proponent(s)

Ontario Graphite Ltd
2142 Forestry Tower Road
Post Office Box Delivery 138
Kearney, ON
P0A 1M0
Canada

Derek Hirsch, Director
2142 Forestry Tower Road
Post Office Box Delivery 138
Kearney, ON
P0A 1M0
Canada

Ellerton Castor, Director and Authorized Signing Officer, Chief Financial Officer and Chief Administrative Officer
2142 Forestry Tower Road
Post Office Box Delivery 138
Kearney, ON
P0A 1M0
Canada

Tom Burkett, CEO
2142 Forestry Tower Road
Post Office Box Delivery 138
Kearney, ON
P0A 1M0
Canada


Appellate body

Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Environmental Review Tribunal


Include the following:

ERO number
013-4794
Ministry reference number
8555-A6ESGE-a3

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
013-4794
Ministry reference number
8555-A6ESGE-a3
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

March 6, 2019 - April 5, 2019 (30 days)

Proposal details

Instrument types

This notice includes multiple instruments:

  • Order for remedial work. - EPA s. 17
  • Order for preventative measures. - EPA s. 18
  • Order prohibiting or regulating discharge of sewage into water - OWRA s. 31
  • Order for preventative measures for facilities discharging into water - OWRA s. 32
  • Direction for maintaining sewage works. - OWRA s. 61
  • Direction for sewage disposal. - OWRA s. 91
  • Order to stop or regulate discharge of sewage into sewer works - OWRA s. 92

Description of instrument

This is a Notice of a Proposed Order in relation to Ontario Graphite Ltd.’s Kearney Graphite Mine, which is located in the Township of Butt in the District of Parry Sound, approximately 20 km north east of the community of Kearney.

The Director, Ontario Ministry of the Environment, Conservation and Parks, intends to issue a Director’s Order, pertaining to sections 17, 18 and 196 of the Environmental Protection Act (EPA), and sections 31, 32, 60, 61, 91, 92 and 104 (2) of the Ontario Water Resources Act (OWRA), to Ontario Graphite Ltd., as well as company Directors and Officers.

Under these sections of the EPA and OWRA, the Director may require a person who owns, or owned, or who has or had management or control of an undertaking or property, to take immediate actions and environmental measures to protect the natural environment and to prevent or reduce the discharge of a contaminant into the natural environment from the undertaking or property, or to prevent, decrease or eliminate an adverse effect.

The overall objective of the proposed Director's Order is to amend the 2016 Director’s Order as previously amended by Director’s Order Amendment No. 1 issued January 31, 2018 and No. 2 issued on May 4, 2018 by revoking Items No. 1.3 and No. 11 and adding new Work Ordered. The new Work Ordered is to require the construction of the Polishing Pond System and Stormwater Trench & Groundwater Collection Systems as approved by an amended Environmental Compliance Approval.

Other information

Also named in the Director’s Order are the following:

  1. Derek Hirsch, Director 
    2142 Forestry Tower Road 
    PO Box 138 
    Kearney, Ontario 
    P0A 1M0 
     
  2. Ellerton Castor, Director and Authorized Signing Officer, Chief Financial Officer and Chief Administrative Officer 
    2142 Forestry Tower Road 
    PO Box 138 
    Kearney, Ontario 
    P0A 1M0 
     
  3. Tom Burkett, CEO 
    2142 Forestry Tower Road 
    PO Box 138 
    Kearney, Ontario 
    P0A 1M0

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Drinking Water and Environmental Compliance Division - Northern Region (North Bay)
Address

191 Booth Road
Unit 16 & 17
North Bay, ON
P1A 4K3
Canada

Office phone number
800-609-5553

Comment

Commenting is now closed.

This consultation was open from March 6, 2019
to April 5, 2019

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