MoE Environmental Registry Instrument Decision Notice

From the MoE Environmental Registry Instrument Decision Notice, mirrored 3 April 2012:

Instrument Decision Notice: EBR Registry Number: 011-3923
Proponent: Woolwich Bio-En Inc.
4 Arthur Street North
Post Office Box Delivery 130
Elmira Ontario
Canada N3B 3A2
Instrument Type: Approval for a renewable energy project – EPA s.47.3(1)

Ministry Reference Number:
6970-8E5ME7
Ministry:
Ministry of the Environment
Date Proposal loaded to the Registry:
June 22, 2011
Date Decision loaded to the Registry:
March 26, 2012

The Leave to Appeal Provisions indicated in the section titled “Leave to Appeal Provisions” at the end of this posting do not apply to Renewable Energy Approvals issued under 47.5 of the EPA. Please refer to NOTE: Regarding Third Party Hearing Provisions in the section titled “Decision on Instrument” instead.

Keyword(s): Air | Electricity

Decision on Instrument:

A Renewable Energy Approval has been issued to Woolwich Bio-En Inc. to engage in a renewable energy project in respect of a Class 3 anaerobic digestion facility consisting of the construction, installation, operation, use, and retiring of an anaerobic digestion facility, with a total name plate capacity of 6.21 MW. The facility will be connected to Hydro One’s distribution system.

This Class 3 anaerobic digestion facility, known as Woolwich Bio-En Anaerobic Digestion Facility, is located at 40 Martin’s Lane Lot 18 and 89, Part 9, Ref. Plan 58R-14363, Elmira, Woolwich Township, Regional Municipality of Waterloo.

The Renewable Energy Approval requires the proponent to construct, install, operate, use and retire the facility in accordance with specific terms and conditions. The terms and conditions, as summarised below, require the proponent to:

construct and install the facility in accordance with the documentation considered for the issuance of this approval,
notify the ministry prior to a change of ownership,
provide the ministry with any requested information concerning the operation of the facility and allow the ministry to carry out authorized inspections of the facility,
properly decommission the facility upon retirement of the facility,
construct and install the facility within 3 years of the date of the approval,
not take more than 50,000 litres of water on any day by any means,
properly address any archaeological resources discovered,
ensure that the maximum 10-minute average concentration of odour, measured at the most impacted Odour Receptor, not exceed 1.0 odour unit under all atmospheric conditions,
undertake monitoring of the biofilter and the high efficiency flare,
undertake source testing and fugitive odour emission measurements,
comply with the ministry’s noise emission limits at all times,
limit the number of trucks allowed entering and exiting the facility,
complete an acoustic audit no later than 4 months after commencement of operation,
submit financial assurance to the ministry at least 30 days prior to construction of the facility,
respond to environmental complaints regarding the operation of the facility,
comply with the service area, approved biomass receipt rate, approved biomass types, and approved storage limitations,
post a sign at the entrance of the facility to ensure the facility’s users, operators, and public are aware of important information and restrictions regarding the facility,
comply with the specified operating hours of the facility, undertake odour control measures, and ensure rejected waste and waste handling and storage are undertaken in an appropriate manner,
ensure the facility is secured, supervised, and operated by trained personnel,
carry out staff training and prepare an operations manual, comprehensive written inspection program, preventative maintenance program, and emergency response and contingency plan,
undertake quality control monitoring of incoming biomass and ensure all processed material is managed, processed, and disposed of in accordance with ministry requirements,
maintain and manage the cleanliness of the facility and the exterior of the vehicles leaving the facility,
maintain records of the operation and maintenance of the equipment and inspections and complaints related to the facility,
ensure wastewater generated at the facility is handled in accordance with ministry requirements,
provide financial assurance in the amount of $24,151.25,
establish a Community Liaison Committee with members of the company and local residents,
design and construct sewage works for the electrical substation with spill containment,
design, construct, install, use, operate, maintain, inspect and retire the stormwater management facility, and
implement the sediment and erosion control plan during construction, installation, use, operation, maintenance and retiring of the facility

This renewable energy project has been approved in accordance with the requirements of Part V.0.1 of the Environmental Protection Act and Ontario Regulation 359/09.

NOTE: Regarding Third Party Hearing Provisions

Third Party Hearing Provisions are listed immediately below. The Leave to Appeal Provisions indicated in the section titled “Leave to Appeal Provisions” at the end of the posting do not apply to Renewable Energy Approvals issued under 47.5 of the EPA.

Any resident of Ontario may require a hearing by the Environmental Review Tribunal (ERT) within 15 days after the date this Decision was loaded to the Environmental Registry (see top right of decision notice) by written notice served upon the following:

Environmental Commissioner of Ontario:
Environmental Commissioner of Ontario
1075 Bay Street
Suite 605
Toronto Ontario
M5S 2B1
Phone: (800) 701-6454

Issuing Authority:
Ian Parrott
Manager
Environmental Assessment and Approvals Branch
2 St. Clair Avenue West
Floor 12A
Toronto Ontario
M4V 1L5
Phone: (416) 314-3636
Toll Free Phone: (800) 461-6290

Proponent:
Woolwich Bio-En Inc.
4 Arthur Street North
Post Office Box No. 130
Elmira, Ontario
N3B 3A2

Appellate Body:
Secretary
Environmental Review Tribunal
655 Bay Street
Floor 15
Toronto
M5G 1E5
Phone: (416) 314-4600
Fax: (416) 314-4506

An applicant for a hearing shall state in the notice requiring the hearing, (a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause, (i) serious harm to human health, or (ii) serious and irreversible harm to plant life, animal life or the natural environment; (b) the portion of the renewable energy approval in respect of which the hearing is required; and (c) the relief sought.

Further information is provided on the ERT’s website at: http://www.ert.gov.on.ca/english/guides/index.htm.

If you have any questions about the hearing process please consult a lawyer or contact the ERT.

Comment(s) Received on the Proposal: 192

Public Consultation on the proposal for this decision was provided for 60 Days, from June 22, 2011 to August 21, 2011.

As a result of public consultation on the proposal, the Ministry received a total of 192 comments: 48 comments were received in writing and 144 were received online.

Additionally, a copy of all comments are available for public viewing by contacting the Contact person listed in this notice.

[Link to comments]

A selection of these comments are available:

Effect(s) of Consultation on this Decision:

All comments received were reviewed by the ministry and considered during the review of the application. These comments have been summarized below:

Odour
Ministry of the Environment (MOE) engineers have reviewed the Odour Report Study and determined that it was completed in accordance with MOE’s 2008 technical bulletin entitled “Technical Bulletin: Methodology for Modelling Assessments of Contaminants with 10-minute Average Standards and Guidelines under O.Reg. 416/05”.

A condition has been added to the approval which would require the proponent to ensure that the maximum 10-minute average concentration of odour, measured at the most impacted Odour Receptor, not exceed 1.0 odour unit under all atmospheric conditions.

In addition, the proponent will be required to submit a test protocol for fugitive odour emission measurements and source testing to the MOE District Manager and undertake source testing and fugitive odour emission measurements no later than 3 months after acceptance of the test protocol.

Increased truck traffic
As part of the Renewable Energy Approval (REA), the proponent will be required to ensure that there will be no more than twenty (20) truck movements per hour within the facility at any time during the period of 07:00 to 19:00 hours. In addition, there will be no more than two (2) truck movements per hour within the facility at any time during the period of 19:00 to 07:00 hours.

The proposed location for the facility is not suitable/ appropriate
A proponent of a renewable energy facility must ensure that the facility will be developed on a property that meets all regulatory requirements and its operation will mitigate impacts to human health and the environment. When a renewable energy generation facility is approved and built to the specifications, it must comply with the terms and conditions of the REA. Any non-compliance with the terms and conditions of the REA including but not limited to the emission of offensive odour will be subject to the abatement measures by the MOE, which include issuing tickets, orders and finally prosecution.

Noise concerns
MOE staff have reviewed the noise report provided by the proponent. MOE’s noise engineers have confirmed that the project will meet the noise standards for bioenergy facilities. Further, the noise assessment and the project have met the requirements of O. Reg. 359/09.

In addition, as part of the approval, there is a condition which limits the number of trucks allowed entering and exiting the facility during specified time periods.

Health issues
MOE engineers have reviewed the Emission Summary and Dispersion Modeling report, Odour Report and Noise Report. All reports are in compliance with appropriate ministry regulations and guidelines. In addition, the REA includes conditions to comply with MOE’s standard for air, odour and noise emissions.

Impact on property values
The MOE and the Ministry of Energy are not aware of any evidence that bioenergy facilities have negative effects on property values. The MOE will continue to monitor research and literature on this issue and may modify our practices accordingly.

Impact on air quality
MOE engineers have reviewed the Emission Summary and Dispersion Modeling Assessment and determined that the proposed operations and emissions show compliance with the provincial regulation and guidelines for air emissions.

As part of the approval, there will be a condition which would require the proponent to undertake monitoring of the biofilter and the high efficiency flare.

The facility will not contribute to the reduction of greenhouse gases (GHG)
Green energy is a key part of the province’s plan to combat climate change and phase out coal. Increasing renewable energy generation and conservation will reduce greenhouse gas emissions and create thousands of green jobs in Ontario.

Integrity of the proponent
MOE is committed to ensuring that renewable energy proponents are good neighbors when situating a new renewable energy facility in a local community. In order to address concerns raised about the integrity of the proponent, MOE has imposed a condition to create a Community Liaison Committee for this project.

This Community Liaison Committee will be made up of individuals in the community and Woolwich Bio-En Inc. representatives. The aim of the committee will be to keep the lines of communication open during the implementation of the Woolwich project, communicate issues that arise during implementation and report on an annual basis to the MOE.

Potential methane gas explosions
As part of the approval, there will be a condition which would require the proponent to prepare and submit an Emergency Response and Contingency Plan. The Emergency Response and Contingency Plan will be prepared in consultation with the District Manager, local municipality, and local fire department.

Effects on roads and infrastructure
The Regional Municipality of Waterloo has indicated that the roads in Elmira can accommodate the planned current and future traffic.

Setback concerns
Anaerobic digestion facilities are not subject to any REA setback requirements. However, MOE engineers have determined that the project is compliant with MOE noise and odour limits.

Zoning
Renewable energy projects are exempted from the Planning Act, which means that the following local planning instruments do not apply to or affect renewable energy projects: Official Plans; Demolition Control By-laws; By-laws or Orders passed under Part V of the Planning Act, including zoning, site plan, holding and interim control by-laws; Development Permit System By-laws.

Concerns with the Design and Operations Report
MOE staff have reviewed the Design and Operations Report provided by the proponent and determined that the report satisfies the requirements of O. Reg. 359/09.

Water contamination concerns
Conditions have been added to the approval which would require the proponent to retain an independent Professional Engineer to prepare a design report on the spill containment facility for the transformer substation. The report will include a groundwater monitoring program in the event of a subsurface disposal system. The proponent will also be required to design, construct and operate sewage works to ensure that effluent parameter does not exceed maximum concentration objectives specified.

Concerns with the onsite storage of fertilizer by-products
The proponent has indicated that fertilizer will be stored indoors and all air from the processing area will be treated by the biofilter.

Concerns with the bio-filter
As part of the approval, there will be a condition added to require the proponent to undertake monitoring of (i) the physical parameters of the bio-filter and (ii) the temperature of the high efficiency flare.

Enforcement and compliance concerns
The MOE is committed to providing timely services for receiving, assessing, and coordinating responses to all complaints related to potential environmental incidents (including those from bioenergy facilities). The MOE’s first level of field response is provided by environmental officers working out of the MOE’s District or Area Offices. For example, in the case of an incident involving wind farm operations noise that results in a complaint called into the MOE, the District staff will attempt to verify the complaint and assess the impact on the complainant which may include several visits to the complainant’s residence at various times of the day. After the site assessment is completed, District staff will decide whether actions need to be taken to resolve the situation.

The MOE has added a Complaints Response Procedure condition to the approval which would require the proponent to respond to any environmental complaint received from the public.

Stormwater management and drainage concerns
As part of the approval, the proponent will be required to design, construct, install, use, operate, maintain and retire a stormwater management facility in accordance with any plans and specifications set out in the REA and the application.

Independent peer review of application should be conducted
The application has been circulated to technical experts within the MOE to ensure that all applicable requirements have been met.

Inadequate fire plan
The Fire Chief and Township have reviewed and approved the fire plan. The water supply reserved for potential fires is not used for the operation of the facility.

Concerns with the Noise Report
MOE staff have reviewed the noise report provided by the proponent. MOE’s noise engineers have confirmed that the project will meet the noise standards for bioenergy facilities. Further, the noise assessment and the project have met the requirements of O. Reg. 359/09.

Concerns with the potential impact to the environment
Ontario Regulation 359/09 sets out all requirements that a proponent must meet in order to receive a REA. This includes submitting a Natural Heritage Assessment (NHA). The NHA is submitted to the Ministry of Natural Resources (MNR) to be reviewed against their NHA guidelines and the requirements of O. Reg. 359/09.

In order for an REA application to be accepted by the MOE, the proponent must have completed a NHA and submitted and obtain sign-off from the MNR. The proponent has received this sign-off from MNR on their NHA.

As part of the approval, there will be a condition which would require the proponent to prepare a written manual for use by company staff outlining the operating procedures and a maintenance program for the equipment.

Support for the project
Comments noted and considered.

Note – This is the end of the decision notice. Please disregard the “Leave to Appeal Provisions” section below.

Leave to Appeal Provisions:

Any resident of Ontario may seek leave to appeal this decision, by serving written Notice, within 15 days of March 26, 2012 upon the following:
Environmental Commissioner of Ontario:

Environmental Commissioner of Ontario
1075 Bay Street
Suite 605
Toronto Ontario
M5S 2B1
Phone: (416) 325-3377
Toll Free Phone: (800) 701-6454
Issuing Authority:

Ian Parrott
Manager
Environmental Approvals Branch
2 St. Clair Avenue West
Floor 12A
Toronto Ontario
M4V 1L5
Phone: (416) 314-3636
Toll Free Phone: (800) 461-6290
Proponent:

Woolwich Bio-En Inc.
4 Arthur Street North
Post Office Box Delivery 130
Elmira Ontario
Canada N3B 3A2
Appellate Body:

Secretary
Environmental Review Tribunal
655 Bay Street
Floor 15
Toronto
M5G 1E5
Phone: (416) 212-6349
Fax: (416) 314-4506

An applicant for a hearing shall state in the notice requiring the hearing, (a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause, (i) serious harm to human health, or (ii) serious and irreversible harm to plant life, animal life or the natural environment; (b) the portion of the renewable energy approval in respect of which the hearing is required; and (c) the relief sought.

Further information is provided on the ERT’s website at: http://www.ert.gov.on.ca/english/guides/index.htm

If you have any questions about the hearing process please consult a lawyer or contact the ERT.

The attached Certificate document is intended for posting on the Environmental Registry in order to provide the reader with the substantive content of the issued instrument. Please note the official version may be differently formatted or otherwise contain minor variations from this version.

Contact:

Kristina Rudzki
Senior Project Evaluator
Ministry of the Environment
Operations Division
Environmental Approvals Branch
2 St. Clair Avenue West
Floor 12A
Toronto Ontario
M4V 1L5
Phone: (416) 314-6802
Toll Free Phone: (800) 461-6290
Location(s) Related to this Instrument:

40 Martin’s Lane
Lot 18 and 89, Part 9, Ref. Plan 58R-14363, Elmira

Township of Woolwich
Regional Municipality of Waterloo

TOWNSHIP OF WOOLWICH
Additional Information:

The following government offices have additional information regarding this Decision. To arrange a viewing of these documents please call the Ministry Contact or the Office listed below.
Guelph District Office
1 Stone Road West
Floor 4
Guelph Ontario
N1G 4Y2
Phone: (519) 826-4255
Toll Free Phone: (800) 265-8658

Environmental Approvals Branch
2 St. Clair Avenue West
Floor 12A
Toronto Ontario
M4V 1L5
Phone: (416) 314-8001
Toll Free Phone: (800) 461-6290

The documents linked below are provided for the purposes of enhancing public consultation.
All links will open in a new window
1. Renewable Energy Approval No. 6428-8LGLB
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