On Friday March 2, Ontario Justice Bryant ruled in favor of Halton Recycling in the case between the organics company, which operates a composting plant north of Toronto, and the Town of Newmarket, which has opposed the continued operation of the plant due to odor problems. The plant is one of several that processes compostable organics collected from Toronto waste diversion programs.
In his ruling, Justice Bryant suggests that the town has not cooperated with the company as it attempted to achieve its remedial action plan and rectify the odor problems. In a previous court decision the company had been given nine months to get into compliance with environment ministry certificates of approval that deal with the odor issue.
The judge writes:
The court for all the above reasons orders that [sic] the permanent stay of the nine-month closure order.
In paragraph 40 of the ruling, he found that the town had breached its duty to disclose, writing:
The court is satisfied, on a balance of probabilities, that: (1) the Town breached its obligation to process the building permits and amend the site plan agreement as ordered by the court and did not make good faith efforts in a timely manner to comply; and, (2) the Town failed to disclose material to Halton and to the court as described above. The MoE approved the installation and operation of the environmental controls proposed in Haltons remedial action plan. Thus, the information gap concerning the regulators assessment of the technical performance of the proposed pollution controls has now been satisfied.
This case will be reviewed in the April/May edition of Solid Waste & Recycling magazine.
Halton Recycling has issued the following news release:
Halton Recycling Limited Committed to Success at Newmarket Facility
Company Moves Ahead Strongly, Following Fridays Superior Court Decision.
(Newmarket, Ontario) — Halton Recycling Limited (HRL) reaffirmed its commitment to the completion of all environmental and operation improvements at its pioneering organics processing facility in keeping with the positive encouragement from a Superior Court decision Friday.
HRL is pleased with Justice A. Bryant’s decision and is looking forward to continuing to make its Newmarket facility a success. HRL is committed to working co-operatively with officials from the Town of Newmarket in this effort, and the company will continue to maintain the best possible working relationship with local residents and businesses.
Halton Recycling Limited has been a leader in Canada in the field of waste diversion for more than 25 years. HRL acquired the Newmarket organics facility in 2003 as part of the Companys plan in helping Ontario achieve its important 60 per cent waste diversion goal, particularly in relation to the processing of source separate organics, such as food scraps from Ontario kitchens. The Newmarket plant also generates green power by transforming waste gases into electricity, enough power to light several thousand area homes.
HRL has been working closely with the Ontario Ministry of the Environment to monitor technical and operational issues, given the facility operates under several permits administered by the Ministry. The company will continue its commitment to following all guidance and requirements of the Ministry.