OVERVIEW
Many municipalities in Ontario require a D-4 Environmental Impact Assessment in accordance with the “D-4 Land Use on or Near Landfills and Dumps” guideline from the Ministry of Environment, Conservation and Parks (MECP) when developing a property within 500 metres (or more, depending on the municipality) of an active or closed landfill. A rural property in eastern Ontario fell within this criterion and had recently been developed to include a seasonal dwelling. The municipality notified the landowner that a D-4 Environmental Impact Assessment was required, or they may be forced to demolish their newly built cottage.
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KEY CHALLENGES
The primary challenge was ensuring regulatory compliance, as the property had to adhere to both municipal and provincial environmental regulations. The landowner faced a significant risk of demolition if the assessment determined that the development was not in compliance. Additionally, there was uncertainty regarding potential environmental impacts, particularly whether the closed landfill posed any risks to the property in accordance with MECP guidelines.
OUR APPROACH
CM3 was retained by the landowner to verify the regulatory requirements, liaise with the municipality, and complete the necessary D-4 Assessment. The process began with a thorough site inspection, which included both an on-site evaluation with the landowner and an external inspection of the closed landfill from publicly accessible areas. Following the inspections, CM3 conducted a detailed review of the two most recent environmental monitoring reports for the landfill, which provided data on surface water and groundwater quality. Throughout the process, CM3 maintained communication with municipal authorities to clarify regulatory requirements and ensure compliance. Finally, a comprehensive D-4 Assessment report was prepared, addressing all MECP guideline parameters and confirming that the former landfill would not adversely affect the development at the site.
RECOMMENDATIONS
Based on CM3’s findings, the municipality accepted the report, and the newly developed cottage was allowed to remain intact. To mitigate future regulatory concerns, CM3 recommended implementing a regular environmental monitoring program to ensure continued compliance with evolving regulations. Additionally, landowners should engage with municipal authorities early in the development process, particularly when projects are located near landfills, to prevent compliance issues. Maintaining thorough documentation of environmental assessments and site conditions was also advised to streamline future municipal reviews.
By following these recommendations, landowners can navigate regulatory challenges effectively while ensuring environmental safety and compliance.