Mr Garfield Dunlop (Simcoe North): In February 2004, the Environmental Commissioner of Ontario received an application under the Environmental Bill of Rights requesting that the Minister of the Environment review the certificate of approval -- the operating permit -- for a proposed landfill site in Simcoe county. The planned landfill, also known as site 41, is located near the town of Midland. The proposal involves landfilling on 21 hectares of land within a total site area of 60 hectares.

The applicants have questioned the appropriateness of developing site 41 for main two reasons. First, the applicants noted numerous technical issues raised in 2003 by the Minister of the Environment and several independent technical experts relating to the county's proposed detailed design and operational parameters of the landfill. Second, because of impending changes to Ontario's law and policy related to source water protection, the applicants question whether it is prudent to consider the landfill's development. MOE declined to undertake the review. The ECO disagrees with that decision.

In denying the application, the MOE told the applicants that a review of the C of A was already underway and that undertaking the review would create a duplicate exercise. MOE's narrow view is unfortunate. The ministry's consideration of the landfill design and operation focuses on specific technical factors. As well, MOE's intention to review the C of A in light of existing policies, acts and regulations does not address the applicants' request that the MOE broadly consider the merit of developing site 41 in light of the impending changes to Ontario's regulatory framework on source protection. The approach to source protection being considered by the MOE was not part of the ministry's approach to watershed management in the mid-1990s, when the hearing board issued its approval for site 41, or in 1998, when the C of A was issued. Thus, the broader review requested by the applicants would not constitute a duplicate exercise.

The ECO believes that a broad review of site 41 was warranted to increase government accountability for environmental decision-making on this highly contentious proposal. It would have been appropriate for the Ministry of the Environment to evaluate the C of A in light of the province's intention to strengthen source water protection requirements.