Minister’s requirement for fees with ECAs

Application fees for Environmental Compliance Approvals ( ECAs ).

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(see Environmental Protection Act , s. 179.1)

Interpretation (1.0)

  1. In this Requirement, "class 1 mobile PCB destruction facility waste disposal site" "class 2 mobile PCB destruction facility waste disposal site" "class 3 mobile PCB destruction facility waste disposal site" "class 1 mobile PCB destruction facility waste management system" "class 2 mobile PCB destruction facility waste management system" have the same meanings as in Regulation 352 of the Revised Regulations of Ontario, 1990; "Director" means a Director appointed under section 5 of the Environmental Protection Act for the purposes of Part II .1 of the Act; "emission summary" means an emission summary and dispersion modelling report prepared in accordance with the Ministry of the Environment publication entitled "Guideline A-10: Procedure for Preparing an Emission Summary and Dispersion Modelling ( ESDM ) Report" and dated March 2009, as amended from time to time; "environmental compliance approval" has the same meaning as in the Environmental Protection Act ; "hazardous waste" "liquid industrial waste" "thermal treatment" "waste-derived fuel" have the same meanings as in Regulation 347 of the Revised Regulations of Ontario, 1990;

Administrative Processing Fees (2.0)

  1. An applicant for an environmental compliance approval shall pay an administrative processing fee of $200 at the time of submitting the application, if, in the opinion of the Director, the application requires a technical review.
  2. Subsection (1) does not apply if the application is in respect of an environmental compliance approval that relates to a site for hauled sewage or to a biosolids site.
  3. An applicant for an environmental compliance approval shall pay an administrative processing fee of $100 at the time of submitting the application, if, in the opinion of the Director, the application does not require a technical review.
  4. Despite subsection (3), an applicant for an environmental compliance approval in respect of a hauled sewage or biosolids waste management system, shall pay an administrative processing fee of $50, if, in the opinion of the Director, the application does not require a technical review.
  5. Subsections (1) and (3) do not apply where an applicant requests the Director to amend an environmental compliance approval as a result of action that the applicant has been required to take by the Director pursuant to a condition contained in the approval.

Fees for activities mentioned in subsection 9(1) of the Environmental Protection Act (3.0)

  1. An applicant for an environmental compliance approval to engage in an activity mentioned in subsection 9(1) of the Environmental Protection Act shall pay a fee at the time of submitting the application, if, in the opinion of the Director, the application requires a technical review.
  2. The amount of the fee payable under subsection (1) is the sum of the following amounts:
    1. For each type of subject matter referred to in Column 1 of Schedule 1 to which the application relates, the corresponding amount set out in Column 2 of that Schedule;
    2. If, in the opinion of the Director, a review of an emissions summary is required in connection with the application, the amount set out in Column 2 of Schedule 2 that corresponds to the applicable type of review referred to in Column 1 of that Schedule; and
    3. If, in the opinion of the Director, a noise assessment or a review of a noise assessment is required in connection with the application, the amount set out in Column 2 of Schedule 3 that corresponds to the applicable noise source referred to in Column 1 of that Schedule.

    Fees for activities mentioned in subsection 27(1) of the Environmental Protection Act (4.0)

    1. An applicant for an environmental compliance approval to engage in an activity mentioned in subsection 27(1) of the Environmental Protection Act shall pay a fee at the time of submitting the application, if, in the opinion of the Director, the application requires a technical review.
    2. The amount of the fee payable under subsection (1) is the sum of the following amounts:
      1. For each type of subject matter referred to in Column 1 of Schedule 4 to which the application relates, the corresponding amount set out in Column 2 of that Schedule; or
      2. If the applicant requests the Director to amend an environmental compliance approval, for each type of subject matter referred to in Column 1 of Schedule 5 to which the application relates, the corresponding amount set out in Column 2 of that Schedule.

      Fees for activities mentioned in subsection 53(1) of the Ontario Water Resources Act (5.0)

      1. An applicant for an environmental compliance approval to engage in an activity mentioned in subsection 53(1) of the Ontario Water Resources Act shall pay a fee at the time of submitting the application, if, in the opinion of the Director, the application requires a technical review.
      2. The amount of the fee payable under subsection (1) is the sum of the following amounts
        1. $1,400, if, in the opinion of the Director, a review of an effluent quality criteria assessment for stormwater management, cooling water or soil remediation facilities is required in connection with the application;
        2. $6,000, if, in the opinion of the Director, a review of an effluent quality criteria assessment for municipal or private sewage, industrial process wastewater or leachate treatment plants is required in connection with the application;
        3. $3,000, if, in the opinion of the Director, a review of a hydrogeological assessment is required in connection with the application; and
        4. For each type of subject-matter referred to in Column 1 of Schedule 6 to which the application relates, the corresponding amount set out in Column 2 of that Schedule; or
        5. If the applicant requests the Director to amend an environmental compliance approval, whichever of the following amounts is applicable:
          1. $3,600, if the application relates to an amendment to an environmental compliance approval in respect of an existing treatment plant to include additional facilities that do not increase the approved rated capacity of the plant, including new tertiary treatment facilities, plant process waste stream treatment and disposal facilities, new treatment facilities to replace deteriorated facilities and the establishment, alteration, expansion or replacement of an outfall.
          2. $1,800, if the application relates to the alteration, extension or replacement of treatment plant equipment or processes that do not involve the addition of new facilities, including,
            1. the alteration, extension or replacement of a pumping system, an aeration system, a chemical storage or application system, filter media or a standby power supply system,
            2. the provision of additional points of process chemical application, and
            3. the provision of odour control equipment facilities.

            Fees for hearings (6.0)

            1. If the Director requires the Environmental Review Tribunal to hold a hearing under Part II .1 of the Environmental Protection Act in respect of an application for an environmental compliance approval for an activity mentioned in subsection 27(1) of the Environmental Protection Act or subsection 53(1) of the Ontario Water Resources Act , the applicant shall pay a fee of $18,000.
            2. The applicant shall pay the fee before the hearing begins.
            3. The fee payable under this section is in addition to any fee payable under sections 4 or 5.
            4. Subsection (1) does not apply in respect of,
              1. an applicant requesting the Director to amend an environmental compliance approval as a result of action that the applicant has been required to take by the Director pursuant to a condition contained in the approval; or
              2. an appeal.

              Fees for the revocation of an environmental compliance approval (7.0)

              1. A person who requests the Director to revoke all or part of an environmental compliance approval shall pay a fee at the time of submitting the request, if, in the opinion of the Director, the revocation requires a technical review.
              2. The amount of the fee payable under subsection (1) is the sum of the following of the following amounts:
                1. an administrative processing fee of $200;
                2. whichever of the following amounts is applicable:
                  1. any fees mentioned in subsections 3(2) and 3(4);
                  2. any fees mentioned in paragraph 2 of subsection 4(2); and
                  3. any fees mentioned in paragraphs 1 to 4 of subsection 5(2).

                  Refunds (8.0)

                  1. Subject to subsection (2), the Director may refund to the applicant all or part of a fee paid under sections 3 to 6, if,
                    1. the applicant withdraws the application before the Director makes a decision on the application; or
                    2. the Director refuses the application, in whole or in part.
                    1. the person withdraws the request before the Director makes a decision on the request; or
                    2. the Director refuses the request, in whole or in part.

                    Payee (9.0)

                    1. All fees payable under this Requirement are payable to the Minister of Finance.
                    2. A fee payable under this Requirement in respect of an application shall be remitted by paying the fee to a municipality if the responsibility for reviewing the application has been transferred to the municipality in accordance with the list of municipalities under the Transfer of Review Program available at the Public Information Centre at the Ministry or at the Approvals Branch of the Ministry.

                    Commencement (10.0)

                    1. This Requirement comes into force on October 31, 2011.

                    Signed this 23 rd day of August, 2011.

                    Original Signed by:
                    The Honourable John Wilkinson,
                    Minister of the Environment

                    Schedules

                    Schedule 1

                    1. Combustion equipment that,

                    1. uses natural gas, propane, no. 2 oil, landfill gas or sewage treatment gas for fuel;
                    2. is designed to have, in total, a maximum heat input of 50,000,000 kJ/hr or less; and
                    3. is used for the purpose of providing comfort heating or emergency power, producing hot water or steam, or heating material in a system that does not discharge to the atmosphere.

                    6. Combustion equipment that,

                    1. uses waste-derived fuel;
                    2. is designed to burn a maximum of 15 litres per hour of waste-derived fuel; and
                    3. is used for the purpose of providing comfort heating.

                    Schedule 2

                    Activities mentioned in subsection 9(1) of the Environmental Protection Act - Emissions Summaries

                    Review of an emissions summary that has not previously been reviewed by the Director
                    Column 1:
                    Number of Sources
                    Column 2:
                    Amount $
                    Relates to five sources or less: 0
                    Relates to six to 10 sources: 1,000
                    Relates to 11 to 20 sources: 2,000
                    Relates to more than 20 sources: 3,000
                    Review of a revised emissions summary that was previously reviewed by the Director
                    Column 1:
                    Number of Sources
                    Column 2:
                    Amount $
                    Relates to five sources or less: 0
                    Relates to six to 10 sources: 800
                    Relates to 11 to 20 sources: 1,600
                    Relates to more than 20 sources: 2,400

                    Note: In this Schedule,

                    1. if more than one stack or vent arises from a common process, that process is a source and the individual points or emission are not sources
                    2. if two or more separate processes, each of which discharges a distinct mixture of contaminants, are discharged to a common stack, each of the separate processes is a source

                    Schedule 3

                    Activities mentioned in subsection 9(1) of the Environmental Protection Act - Noise
                    Column 1:
                    Noise Source
                    Column 2:
                    Amount
                    1. Equipment that is located within 500 metres of a residential building other than equipment referred to in item 4 of this Schedule, if no noise assessment of equipment has previously been reviewed by the Director in connection with an application for an environmental compliance approval with respect to the site. $400 for the first 5 pieces of equipment to which the application relates and $100 for each additional piece of equipment to which the application relates.
                    2. Equipment that is located within 500 metres of a residential building other than equipment referred to in item 4 of this Schedule, if the equipment is identical to equipment for which a noise assessment was previously reviewed by the Director in connection with an application for an environmental compliance approval with respect to the site. $200 for the first 5 pieces of equipment to which the application relates and $50 for each additional piece of equipment to which the application relates.
                    3. Equipment that is located within 500 metres of a residential building other than equipment referred to in item 4 of this Schedule, if the equipment is not identical to any equipment for which a noise assessment was previously reviewed by the Director in connection with an application for an environmental compliance approval with respect to the site. $400 for the first 5 pieces of equipment to which the application relates and $100 for each additional piece of equipment to which the application relates.
                    4. Arc furnaces, asphalt plants, blow down devices, co-generation facilities, crushing operations, flares, firearms ranges, gas turbines, motor vehicle tracks, and pressure blowers and large induced draft fans with maximum design flow rates in excess of 47 cubic metres per second or maximum design static pressures in excess of 1.25 kilopascals. $2,250 for each furnace, plant, device, facility, operation, flare, range, turbine, track, blower or fan to which the application relates.

                    Schedule 4

                    $1,500, if the design capacity of the site is 100 tonnes or less per day.

                    $6,000, if the design capacity of the site is more than 100 tonnes per day.

                    $1,200, if the design capacity of the site is 100 tonnes or less per day.

                    $4,800, if the design capacity of the site is more than 100 tonnes per day.

                    $1,200, if the design capacity of the site is 100 tonnes or less per day.

                    $4,800, if the design capacity of the site is more than 100 tonnes per day.

                    $900, if the design capacity of the site is 100 tonnes or less per day.

                    $3,600, if the design capacity of the site is more than 100 tonnes per day.

                    $18,000, if the design capacity of the site is 100 tonnes or less per day.

                    $42,000, if the design capacity of the site is more than 100 tonnes per day.

                    $6,000, if the design capacity of the site is 40,000 cubic metres or less.

                    $30,000, if the design capacity of the site is more than 40,000 cubic metres and not more than 3 million cubic metres.

                    $60,000, if the design capacity of the site is more than 3 million cubic metres.

                    Schedule 5

                    $1,150, if the design capacity of the site is 100 tonnes or less per day and, in the opinion of the Director, the application requires a fundamental design review.

                    $4,500, if the design capacity of the site is more than 100 tonnes per day and, in the opinion of the Director, the application requires a fundamental design review.

                    $100, if, in the opinion of the Director, the application does not require a fundamental design review.

                    $900, if the design capacity of the site is 100 tonnes or less per day and, in the opinion of the Director, the application requires a fundamental design review.

                    $3,600, if the design capacity of the site is more than 100 tonnes per day and, in the opinion of the Director, the application requires a fundamental design review.

                    $21,000, if, in the opinion of the Director, the application requires a fundamental design review.

                    $1,200, if, in the opinion of the Director, the application does not require a fundamental design review.

                    $48,000, if, in the opinion of the Director, the application requires a fundamental design review or hydrogeological assessment.

                    $1,200, if, in the opinion of the Director, the application does not require a fundamental design review or hydrogeological assessment.

                    $9,000, if, in the opinion of the Director, the application requires a fundamental design review.

                    $200, if, in the opinion of the Director, the application does not require a fundamental design review.

                    $900, if the design capacity of the site is 100 tonnes or less per day and, in the opinion of the Director, the application requires a fundamental design review.

                    $3,600, if the design capacity of the site is more than 100 tonnes per day and, in the opinion of the Director, the application requires a fundamental design review.

                    $100, if, in the opinion of the Director, the application does not require a fundamental design review.

                    $700, if the design capacity of the site is 100 tonnes or less per day and, in the opinion of the Director, the application requires a fundamental design review.

                    $2,700, if the design capacity of the site is more than 100 tonnes per day and, in the opinion of the Director, the application requires a fundamental design review.

                    $100, if, in the opinion of the Director, the application does not require a fundamental design review.

                    $9,000, if the design capacity of the site is 100 tonnes or less per day and, in the opinion of the Director, the application requires a fundamental design review.

                    $18,000, if the design capacity of the site is more than 100 tonnes per day and, in the opinion of the Director, the application requires a fundamental design review.

                    $1,200, if, in the opinion of the Director, the application does not require a fundamental design review.

                    $4,500, if the design capacity of the site is 40,000 cubic metres or less and, in the opinion of the Director, the application requires a fundamental design review or hydrogeological assessment.

                    $22,500, if the design capacity of the site is more than 40,000 cubic metres and not more than 3 million cubic metres and, in the opinion of the Director, the application requires a fundamental design review or hydrogeological assessment.

                    $45,000, if the design capacity of the site is more than 3 million cubic metres and, in the opinion of the Director, the application requires a fundamental design review or hydrogeological assessment.

                    $1,200, if, in the opinion of the Director, the application does not require a fundamental design review or hydrogeological assessment.

                    $1,100, if, in the opinion of the Director, the application requires a fundamental design review.

                    $100, if, in the opinion of the Director, the application does not require a fundamental design review.

                    $300, if the application does not involve adding a new site.

                    $100 for each new site, if the application involves adding a new site.

                    Schedule 6

                    $5,000, if the maximum design capacity is not more than 4,550 cubic metres per day.

                    $10,000, if the maximum design capacity is more than 4,550 cubic metres per day.

                    $600, if the design capacity of the facility is not more than 15 cubic metres per day.

                    $1,500, if the design capacity of the facility is more than 15 cubic metres per day and not more than 50 cubic metres per day.

                    $3,000, if the design capacity of the facility is more than 50 cubic metres per day.