City of Burlington Press Release, Nov. 28, 2016—The City of Burlington has received notice that Burlington Airpark Inc. has withdrawn its application to the Ministry of Environment and Climate Change (MOECC) for an Environmental Compliance Approval (ECA) for storm sewer works that have been installed at the Airpark. An ECA is required for business activities that relate to air, noise, waste or sewage emissions and discharges.
The city provided comments on Burlington Airpark’s ECA application to the MOECC. The city argued that the Airpark is required to obtain the appropriate permits from the City of Burlington and Conservation Halton for its storm water management before the MOECC can review an application for provincial approval of the Airpark’s storm water system. In its notice of Burlington Airpark’s withdrawal of the application, the MOECC noted that the Airpark needs to obtain appropriate permits from the city and Conservation Halton in order to be issued an ECA.
On June 30, 2016, the Ontario Superior Court of Justice ruled in favour of the City of Burlington’s application to compel Burlington Airpark Inc. to submit an application for a site alteration permit to comply with the city’s bylaw. With the court ruling, Burlington Airpark was required to file an application for a site alteration permit for the fill deposited between 2008 and 2013 before Aug. 31, 2016 and pay the city $118,327.53 on a substantial indemnity basis.
An appeal by Burlington Airpark Inc. to the June 30, 2016 judgement in favour of the City of Burlington is scheduled to be heard by the Ontario Court of Appeal on March 28, 2017 at Osgoode Hall, 130 Queen St. West in Toronto. Burlington Airpark has also sought leave of the Court to appeal the cost award against it.
The City of Burlington site alteration bylaw 64-2014 regulates the placing, dumping, cutting and removal of fill or the alteration of grades or drainage on a piece of land. Individuals doing this type of work must first submit an application to the city for a site alteration permit.