Ministry of Environment Provincial Officer & Director Orders

At Environment Hamilton, we have learned through our efforts that the Provincial Officer and Provincial Director orders issued to anyone violating provincial environmental rules ARE PUBLIC DOCUMENTS.  That's why we were so frustrated to learn that Hamilton City Council, on what we believe was very bad legal advice, opted not to release the Provincial Officers Order that detailed the magnitude and duration of the infamous multi-year spill out of the Main/King combined sewer overflow tank into Chedoke Creek.  

But we have also reaized, with great frustration, that you can't know to ask the Ministry of Environment directly for a provincial order if you don't know that it exists.  The province does not post these orders on their website.  So we came up with a brainwave - Why not regularly ask the Ministry to share any orders that it has issued?  That's exactly what we are going to do.  We already made our first request - for all orders issued by the Hamilton District of the Ministry of Environment for the Year 2021 so far.  And we have learned a few interesting things about some local industries that seem to make decisions without approvals (in the case of one of these companies - this isn't the first time!!).  We are going to regularly share what we are given right here, in a publicly accessible space - to help to promote openness and transparency where problematic environmental actions in our community are concerned!   We hope you find this resource useful!

ORDERS ISSUED IN 2021 (TO OCTOBER 14th)

1. Triple M Metal - 1640 Brampton Street - This order is focused on a metal cutting shear that Triple M was told by the Ministry that it would need a provincial air permit amendment to be able to install and operate.  The company appears to have ignored that requirement and started operating the metal cutter.  The order was issued in response to this action.  

CLICK HERE to read the Provincial Officer's Order
CLICK HERE to read a subsequent Director's Order issued as a result of the company challenging the first order.  

2. McAsphalt Industries - 180 Pier 24 Gateway - This order is focused on an additive tank (fully constructed) and a reaction tank (partially constructed) that had been added to this asphalt facility without the proper provincial environmental approvals in place.  Both tanks add discharges to the natural environment, requiring a formal amendment to the air permit for the plant.  Note that McAsphalt seems to have a history of failing to follow environmental rules.  Environment Hamilton initiated an Environmental Bill of Rights 'appication for investigation' when the plant's original construction was being completed, because our observations and documentation confirmed the company started plant operation before any of its provincial environmental approvals had been granted by the Ministry of Environment.  Our request was granted and the company was found to be in violation of provincial rules.  

CLICK HERE to read the Provincial Officer's Order

3. NVK Nurseries - 1555 Highway 5 West - This order focuses on a petroleum leak (diesel fuel) that contaminated a pond at this location.   The challenge appears to be that the source of the leak has not yet been identified.  The Ministry issued this order over concerns that the owner's efforts to identify the source of the leak, were waning.  

CLICK HERE to read the Provincial Officer's Order