In
instances where the Ministry of Transportation has been delegated authority
under the Aggregate Resources Act for administering wayside permits (s. 32.1)
and aggregate permits (s. 46.1), then for the purposes of this protocol,
any reference to Ministry of Natural Resources is applicable to the Ministry of
Transportation.
Any
potential enforcement action described in this protocol must be undertaken in
accordance with the statutes of limitations as prescribed by the respective
legislation under which the enforcement action is being initiated.
Principles
There
are six key principles that provide a framework in which the following protocol
is to be implemented.
1. All complaints respecting MNR licensed
or permitted aggregate operations upon receipt are to be directed to and accepted by MNR for assessment.
2. MNR,
as lead, is responsible to carry the complaint from receiving it through to
notification to complainant regarding the outcome of the complaint in respect
to a licensed or permitted aggregate operation.
Although MNR is carrying the complaint, MOE will notify complainant and
MNR (if a violation is under the OWRA/EPA)
3. Any required legal action will be the
lead responsibility of the Ministry responsible for the legislation under which
the action is being taken.
4. MNR
shall first attempt to resolve all complaints either through voluntary
abatement and/or through the enforcement tools available to MNR. If voluntarily abatement is not achieved and
MNR does not have the necessary tools to enforce compliance of environmentally
related complaints, MNR may then request, in writing, abatement/enforcement
support from MOE.
5. When required, technical support from
MOE to MNR will be provided in accordance with this Protocol in addressing a
complaint about a licensed or permitted aggregate operation.
6. For private lands in undesignated
areas, MOE will receive, assess and direct any complaints received related to
its mandate.
Scenario
1
- Designated Areas and Crown
Lands
The following
protocol addresses the process involved in receiving and responding to
complaints lodged against an aggregate operation that has been licensed or
permitted by MNR under the Aggregate Resources Act.
Complaint
Received
1. Upon receiving a complaint, MNR advises
the licensee or permittee that a complaint has been received against their
operation. MNR will not disclose the name of the complainant should they wish
to remain anonymous.
2. If MOE receives the complaint, MOE District
staff will record the particulars of the complaint and direct, in writing, to
the appropriate MNR office and the operator. MOE staff shall log the complaint in MOE’s
Integrated Divisional System (IDS) as a limitation (category: Compliance,
database: Incident Reporting, select New Incident Report, fill out Initial
Incident report, select: save as deferred incident report). MOE staff shall print out the Initial
Incident report and send a copy by facsimile to MNR.
3. MNR will assess the complaint.
4. If the complaint is in relation to a
possible violation that is not under the jurisdiction of the ARA, EPA or OWRA,
then MNR will direct the complainant to an appropriate contact (e.g. Ministry
of Labour, local municipality, other program area in MNR).
ARA
Violation Possible (including OWRA/EPA Licensee and Permit Conditions)
5. If the complaint is in relation to
compliance with the Aggregate Resources Act, regulations, site plan or
conditions under the ARA, EPA or the OWRA, then MNR will determine if the operation is in
compliance or not.
6. If the operation is in compliance (with
the ARA including environmental conditions, under the EPA or the OWRA), then
there is no action required by the operator and MNR will notify the
complainant.
7. If there are questions
as to whether the operation is in compliance with the legislation, MNR will
undertake a priority assessment of the complaint in terms of low to high
priority for investigation.
8. Where conditions or site plan notes cross-reference the EPA
or OWRA (see appendix A for examples), then MNR will
contact MOE, in writing, through the local District office for technical
support and action. MOE, through the
local District office, will provide technical expertise and assistance/action
in assessing compliance (eg. possible well interference due to quarry
dewatering).
When MNR requests assistance from
MOE District in this manner, MOE staff shall log the complaint in IDS as an
incident (category: Compliance, database: Incident Reporting, select New Incident
Report, fill out Initial Incident report, select: create incident report).
9. MNR will undertake an investigation in
order of priority, highest to lowest as determine by MNR.
10. When
MNR undertakes an investigation, the following options can be utilized:
a) contact
operator and seek voluntary compliance;
b)
take enforcement action (warning, suspension, charges and/or
intent to revoke) under the Aggregate Resources Act; or
c) where voluntary compliance is not
forthcoming, MNR may request MOE’s assistance in securing information from the
operator.
11. Whether
voluntary abatement by the operator or enforcement action by MNR, the
complainant will be notified by MNR about the action being taken and the
results of the action.
No
ARA Violation but Possible OWRA/EPA Violation
12. If MNR determines that the operation is in compliance (with
the ARA), but that the issue may be a possible violation of OWRA or EPA, then
MNR will contact MOE, in writing, through the local District office.
13. When
MOE receives notification from MNR about a potential violation, an Incident
Report will be filed in IDS by District Staff to track abatement and
investigation actions. MOE
staff shall log the complaint in MOE’s Integrated Divisional System (IDS) as an
incident (category: Compliance, database: Incident Reporting, select New Incident
Report, fill out Initial Incident report, select: create incident report).
14. If an investigation
is determined necessary by MOE the following options can be utilized:
a) take enforcement action (Provincial
Officer Order, issue ticket, Director’s order, warning) under the EPA or OWRA; Noise
and blasting complaints must be responded to, and where necessary, the use of
the Provincial Officer’s Order directing the Operator to some action such as
initiating a monitoring program
b) pursue
additional enforcement action with assistance from MOE Investigations and
Enforcement Branch (IEB) in conjunction with MNR.
15. Enforcement action under the EPA/OWRA
will be pursued by MOE.
16. MOE
will inform MNR and the complainant, in writing, of the action to be taken and
the results of the action.
17. If it is determined that no enforcement action is warranted,
MOE will advise MNR and the complainant, in writing.
Technical
Support Protocol
Initiating involvement
of the MOE, Regional Technical Support Section (T.S.S.), if necessary, starts with the MOE District either receiving a request
from the MNR for assistance or the MOE District requiring assistance
themselves. MNR is to contact the T.S.S.
only through the MOE Districts. The
T.S.S. will then respond directly to the MOE District who will then forward any
comments/reports/reviews on to MNR. MOE District
Staff will be responsible for creating the appropriate IDS files.
EAAB
Noise Section Protocol
Initiating involvement
of the MOE, Environmental Assessment & Approvals Branch (EAAB) Noise
Section, if necessary, starts with the MOE District either receiving a request
from the MNR for assistance or the District requiring assistance themselves. MNR is to contact the EAAB Noise Section only
through the Districts. The EAAB Noise
Section will then respond directly to the District who will then forward any
comments/reports/reviews on to MNR.
District staff will be responsible for creating appropriate IDS files.
Scenario
2
– Non-designated Areas - Private Lands Only
The following
protocol addresses the process involved in receiving and responding to
complaints lodged against a private land aggregate operation in a part of the
Province that is not designated by regulation under the Aggregate Resources Act
(refer to appendix B for a map showing designated areas of the Province). These operations are not subject to
the requirements of the ARA and its regulations. If
MOE receives a complaint, the following action applies:
1. MNR and/or MOE will determine if the
issue is a potential contravention of:
a) MNR
legislation (i.e. Lakes and Rivers Improvement Act, Fisheries Act) other than
the ARA; or
b) EPA
or OWRA.
2. If there is a possible contravention of
MNR legislation other than the ARA, then the complainant will be directed, in
writing, by MNR or MOE to a contact with MNR.
3. If there is a possible contravention of
the EPA or OWRA, then the complainant will be directed by MNR or MOE to a
contact within the local District Office of MOE.
4. If the issue is not related to either
of MNR’s or MOE’s mandate (e.g. Occupational Health and Safety Act, by-law
issue under Municipal Act), then MNR and/or MOE should suggest to the
complainant to contact the appropriate Ministry (i.e. Ministry of Labour) or agency
(i.e. Municipal office if one exists).
5. Where possible contravention of MNR
legislation has occurred, MNR will investigate the issue and apply the
appropriate procedures to address the matter.
6. MNR will notify the complainant about
the assessment, action taken and results of the action.
7. Where possible contravention of the EPA
or OWRA has occurred, MOE will assess the issue and take appropriate action as
required. This will involve a process as
described in steps 13 through 16 as presented in Scenario 1 except that MNR
will not be involved.
8. MOE will notify MNR and the
complainant, in writing, about the action taken and results of the action.
Ongoing
Environmental Issues
The Minister of
Natural Resources has the authority under the ARA to amend a licence/permit
and/or a site plan.
Any request to amend
a licence/permit and/or site plan can be appealed to the Ontario Municipal
Board (OMB), in the case of a licence, or the Mining & Lands Commissioner
(MLC) in case of an aggregate permit.
Given the possibility of such appeals, and the large number of licences/permits
that do not have environmental conditions, it is not reasonable to request MNR
to re-open all licences/permits that do not have environmental conditions.
However, in cases
where there are recurring environmental concerns at pits or quarries that do not
have environmental conditions on their licences/permits, there may be a benefit
in revisiting the licences/permits to add such conditions.
Adding environmental
conditions to a licence/permit would not relieve MOE of the responsibility to
provide technical expertise to MNR during an investigation, but it would ensure
that the Province has more effective tools to enforce the ARA and protect the
public from environmental impacts.
MOE shall use the
following process to approach MNR and request amendments to licences/permits
where there are significant recurring or ongoing environmental problems:
1.
A significant environmental problem is defined as one
resulting in the issuance of at least 2 orders/tickets for same offence in the
same year
2.
MOE shall provide a report to MNR, which includes details of
complaints received and MOE actions, results, and recommendations for amending
the licence/permit. Consistent tracking
of complaints by MOE District Staff on IDS should ensure that MOE has
sufficient information to support its recommendations to MNR.
3.
MNR shall seriously consider the information provided by MOE
where an operation is causing ongoing environmental problems. MNR shall decide whether to amend the licence/permit,
and shall notify MOE in writing of its decision.
4.
If MNR agrees to amend the licence/permit, MOE staff shall
support MNR upon request at the Ontario Municipal Board if the licence is
appealed by the licensee or in the case of a permit if appealed to the Mining
and Lands Commissioner by the permittee.
5.
In the case of new licences/permits MNR will include, as
conditions of the licence/permit, minimum standards of environmental protection
such as the examples in Appendix “A”
Summary
For this protocol to
be effective, MNR must be cognizant of all requirements of the ARA, the regulations,
site plans and conditions on all of its licences and permits. The one window approach with MNR being the
first contact in designated areas of the province must be followed. In
non-designated areas it is the responsibility of both ministries to work
together in support of this protocol. It
will also be imperative that when MNR approaches MOE for technical support or
support in notifying complainants (Scenario 1) that MOE provide that support in
all cases. The combination of these
commitments should help to ensure an effective protocol for addressing
complaints related to aggregate operations across the Province that are
received by either ministry.
It is important for
MOE and MNR to maintain a dialogue with respect to this protocol to ensure that
it is working effectively and provide a level of service to protect the public
and meets the objectives of both ministries.
To this end, staff from MOE and MNR will review annually the protocol
and any issues that may arise and make the necessary amendments to the
protocol.
Appendices C, D and E
provide contacts for each of the ministries listed in this protocol.
APPENDIX A
EXAMPLES
OF ARA LICENCE/PERMIT CONDITIONS AND/OR SITE PLAN NOTES THAT CROSS REFERENCE
EPA OR OWRA REQUIREMENTS
1. Where the Ministry of Natural Resources
with the assistance of the Ministry of the Environment has determined that the
operation of the pit/quarry has caused any well water to be adversely affected,
the licensee/permittee shall, at the licensee’s/permittee’s expense, either
deepen the well or replace the well to ensure that historic water production
quality standards are maintained for that well.
If this pit operation has caused a water supply problem, the
licensee/permittee shall, at their expense, ensure a continuous supply of
potable water to the affected land owner.
2. All construction equipment used in any
phase of pit/quarry operation shall conform to the Ontario Ministry of the
Environment Noise Guidelines for Construction Equipment as prescribed in the
Ministry’s publication NPC115.
3. The licensee/permittee shall comply
with Ontario Ministry of the Environment Noise Guidelines for stationary
sources as prescribed in the Ministry’s publication NPC205 and NPC232.
4. Dust emissions from the
licensed/permitted site shall be controlled to ensure compliance with the
Environmental Protection Act and Ontario Regulation 346.
5. The licensee/permittee shall apply dust
suppressants as frequently as necessary to control dust emissions from internal
haul routes, and the type of suppressant, method of application, and the
frequency of application shall be in accordance with any requirements of the
Ministry of Natural Resources and the Ministry of the Environment.
6. Dust emissions from the
licensed/permitted site shall be controlled to ensure compliance to standards
set out in Ministry Publication: “Summary of Point of Impingement Standards,
Point of Impingement Guidelines and Ambient Air Quality Criteria”.
APPENDIX B
APPENDIX B-1
(Designated Areas of Ontario)
Aurora District
50 Bloomington Road West
Aurora, Ontario
L4G 3G8
Aggregate Inspectors:
Cathy Douglas (905) 713-7396
Steve Strong (905) 713-7425
Fax:
(905) 713-7359
Aylmer District
353 Talbot Street West
Aylmer, Ontario
N5H 2S8
Aggregate Inspectors:
Steve Lumb (519)
773-4716
Emmilia Kuisma (519)
773-4747
Fax: (519) 773-9014
Bancroft District
Minden Office
Hwy 35
Minden, Ontario
K0M 2K0
Aggregate Inspector:
Paul Cutmore (705) 755-3110
Fax:
(705) 286-4355
Guelph District (formerly Cambridge)
P.O. Box 21048, 605
Beaverdale Road
Cambridge, Ontario
N3C 2W1
Aggregate Inspectors:
Diane Schwier (Cambridge) (519) 651-8169
Fax:
(519) 826-4905
Jody Wilson (Clinton) (519)482-3428
Fax:
(519) 482-5030
Kemptville District
P.O. Box 2002, Concession
Road
Kemptville, Ontario
K0G 1J0
Aggregate Inspectors:
Dave Willis (613) 258-8364
Gary McLaren (613) 258-8204
Fax:
(613) 258-3920
Midhurst District
Midhurst, Ontario L0L 1X0
Aggregate Inspectors:
Craig Laing (Midhurst) (705) 725-7532
Fax: (705) 725-7584
Dave Munro (Owen Sound)
(519)376-8470
Fax:
(519) 372-3305
Pembroke District
P.O. Box 220, Riverside Drive
Pembroke, Ontario
K8A 6X4
Aggregate Inspector:
Keltie Milloy (613)
732-5562
Fax:
(613) 732-2972
Peterborough District
300 Water St, P.O. Box 7000
Peterborough, Ontario
K9J 8M5
Aggregate Inspectors:
Drew Young
(705) 755-3109
(Peterborough) Fax: (705) 755-3125
Chris Verschuren (Kingston)
(613)
531-5729
Fax:
(613) 531-5730
Sault Ste. Marie District
875 Queen Street East
Sault Ste. Marie, Ontario P6A 5L5
Aggregate Inspector:
Tim Ruthenberg (705)
564-7855
Fax: (705) 949-6450
Sudbury District
3767 Highway 69 South, Suite 5
Sudbury, Ontario
P3G 1E7
Aggregate Inspector:
Tim Ruthenberg (705)
564-7855
Fax:
(705) 564-7879
(Non-designated Areas of Ontario)
Algonquin Park
P.O. Box 219
Whitney, Ontario K0J 2M0
Phone: (613) 637-2780
FAX: (613) 637-2864
Chapleau District
190 Cherry Street
Chapleau, Ontario POM 1K0
Phone: (705) 864-1710
FAX: (705) 864-0681
Cochrane District
2 Third Avenue, Box 730
Cochrane, Ontario P0L 1C0
Phone: (705) 272-4365
FAX: (705) 7183
Dryden District
479 Government Rd. (Hwy. 17)
Box730
Dryden, Ontario P8N 2Z4
Phone: (807) 223-3341
FAX: (807) 223-2284
Fort Frances District
922 Scott Street
Fort Frances, Ontario P9A 1J4
Phone: (807) 274-5337
FAX: (807) 274-4438
Hearst District
631 Front Street, Box 670
Hearst, Ontario P0L 1N0
Phone: (705) 362-4346
FAX: (705) 362-7515
Kenora District
808 Robertson Street, Box 5080
Kenora, Ontario P9N 3X9
Phone: (807) 468-2501
FAX: (807) 468-2736
Kirkland Lake District
Box 129, Corner Hwy. 66 & 112
Kirkland Lake, Ontario P0K 1T0
Phone: (705) 642-3222
FAX: (705) 642-9714
Nipigon District
Box 970
Nipigon, Ontario P0T 2J0
Phone: (807) 887-2120
FAX: (807) 887-2993
North Bay District
3301 Trout Lake Road
North Bay, Ontario P1A 4L7
Phone: (705) 475-5550
FAX: (705) 475-5500
Parry Sound District
7 Bay Street
Parry Sound, Ontario P2A 1S4
Phone: (705) 746-4201
FAX: (705) 746-8828
Red Lake District
Box 5002
Red Lake, Ontario P0V 2M0
Phone: (807) 727-2253
FAX: (807) 727-2861
Sioux Lookout District
Prince Street, Box 309
Sioux Lookout, Ontario P0V 2T0
Phone: (807) 737-1140
FAX: (807) 737-1813
Thunder Bay District
435 James Street South
Thunder Bay, Ontario P7E 6S8
Phone: (807) 475-1471
FAX: (807) 475-1527
Timmins District
896 Riverside Drive
Timmins, Ontario P4N 3W2
Phone: (705) 267-7951
FAX: (705) 360-2022
Wawa District
Box 1160
Wawa, Ontario P0S 1K0
Phone: (705) 856-2396
FAX: (705) 856-7511
