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Ingram Asphalt Inc. rents 103 Ingram Drive, Toronto and started operation there at end of 1999 or early of 2000. In 1999, surrounding properties were already here for many years, include the property I live in as well as the long-term care facility (senior home) at 1 Northwestern Avenue. The Ingram Asphalt Inc. site is adjacent to our property, and its distance to the senior home is only 250m, the senior home is in the municipal zoned residential area. This is unique in Ontario, an asphalt plant adjacent to another property, especially since it was set here in 1999/2000 while Ontario already had in place the Environmental Protection Act (EPA) and MOECC Guideline D-6 COMPATIBILITY BETWEEN INDUSTRIAL FACILITIES AND SENSITIVE LAND USES (Guideline D-6).
The Ontario Environmental Protection Act was published in 1990. Section 14 prohibits the discharge of a contaminant into natural environment if the discharge causes or may cause any adverse effect. Ingram Asphalt Inc. is so close to the surrounding properties, especially the property I live in. It is an outdoor operation with machines and material piles just beside the property I live in and, in my opinion, its discharges certainly cause adverse effects to surrounding people. The community has never stopped complaining, and Ontario Court also fined Ingram Asphalt Inc. for its dust emissions having affected its neighbors and the community.
MOECC Guideline D-6 was published in 1995, it clearly said: Class III industrial facility minimum separation distance from the sensitive land uses is 300m, and residential is 24 hours sensitive land use. The senior home is only 250m away from Ingram Asphalt Inc. site, also the property I live in and other surrounding properties, according to North York zoning bylaw No. 7625, M3 zoning can be residential use for property caretakers which I am employed as. It is clearly incorrect to allow Ingram Asphalt Inc. operate on this site.
In 1999, when Ingram Asphalt Inc. rented their site, public consultation was neglected, the neighbors and community did not know an asphalt plant would be manufacturing here. The community and public members did not get a chance to appeal the MOECC permitted this asphalt plant to operate here.
According to North York zoning bylaw No. 7625, the asphalt plant is not a permitted use for M3 zoning. City staff said “it is deemed to be” one zoning permitted use, so it can be here, but the community has never agreed nor had the chance to appeal. In 2013 City changed Ingram Asphalt Inc. site zoning to EH zoning, but the property I live in and other neighborhood properties still must abide by the North York Zoning bylaw No. 7625. The community appealed City to OMB (PL130592, case 84). Currently we are still waiting for a hearing date.
The community has had many meetings about this asphalt plant affecting surrounding properties and community. We also communicated with MOECC by emails and phone calls also personal. We spent lots of time and energy and hoped to resolve the problem by working together with MOECC and City. Unfortunately the problem has not been resolved as of this date.
MOECC had a monitor on our roof, but they took it away, and never shared the data with us. Although we requested many times to put monitor back, MOECC refused and instead depended on inspector visits to the site.
I do not agree with MOECC that Ingram Asphalt Inc. operation is compliance with EPA. The situation MOECC officers did not see does not mean it did not happened. In fact, its operation always affects us, since they cannot control the fume, dust, smell, noise and vibration only within their site, not to come onto us. Our customers include seniors and kids, who come for tile shop, car dealer, candy store, restaurant, music club. It is not right people in the property I live on have to stay in the same environment as asphalt plant, suffering fume, dust, noise, vibration and smell pollution