Ministry ofthe Environment Ministere de I'Environnement et de I'Action and Climate Change en matiere de changement climatique r'~ t?

Director's Order

Environmental Protection Act, R.S.O. 1990, c. E 19, 18, 132, 194and196 (EPA) Ontario Water Resources Act, Section 32, 60, and 61,

TO: ESSAR Algoma Inc. (the Company) Head Office 105 West Street, Sault Ste. Marie, Ontario, Canada P6A 7B4

AND TO: Essar Mumbai Essar House, 11 K K Marg. Mahalaxmi, Mumbai 400 034 India

AND TO: Jalinder Mehra, Director 145 East 48th Street, 36th Floor New York, NY 10017 United States

AND TO: Kalyan Ghosh, President & Chief Executive Officer, Director 1305 Ontario Street Apt. 1704 Burlington ,ON L7S 1X3 Canada

AND TO: Naresh Kothari, Director 8th Floor, Ashford Centre Shankarrao Naram Marg, Lower Parcel Mumbai 400013 India

AND TO: Kishore Mirchandani, Director 450 Alton Road, Suite 3506 Miami Beach FL 33139 United States

AND TO: Pramod Kumar Shukla, Chief Operating Officer 105 West Street, Sault Ste. Marie, Ontario, Canada P6A 7B4

AND TO: Rajat Marwah, Chief Financial Officer 105 West Street, Sault Ste. Marie, Ontario, Canada P6A 7B4

Page 1 of 13 AND TO: David James Rennie, Officer, Vice President, Human Resources 105 West Street, Sault Ste. Marie, Ontario, Canada P6A 784

AND TO: J. Robert Sandoval, General Counsel & Corporate Secretary 105 West Street, Sault Ste. Marie, Ontario, Canada P6A 784

SITE: (1) The steel mill located at 105 West Street, Sault Ste. Marie, Ontario, Canada; and (2) the Mcleod Mine property located adjacent to the Magpie River, immediately north of Wawa, Ontario, Canada; and the (3) the Goudreau Mine located at approximately 35 km northeast of Wawa in Aguonie Township, collectively referred to as the "Site".

PART 1: LEGAL AUTHORITY AND REASONS

Relevant Provisions of the Environmental Protection Act ("EPA'? Regarding this Order

1.1 Pursuant to subsection 1 (1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended (the "EPA"), "contaminant" means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of them resulting directly or indirectly from human activities that causes or may cause an adverse effect.

1.2 Pursuant to subsection 1 (1) of the EPA the meaning of "discharge", when used as a verb, includes add, deposit, leak or emit and, when used as a noun, includes addition, deposit, emission or leak.

1.3 Pursuant to subsection 1 (1) of the EPA "adverse effect" means one or more of, (a) impairment of the quality of the natural environment for any use that can be made of it, (b) injury or damage to property or to plant or animal life, (c) harm or material discomfort to any person, (d) an adverse effect on the health of any person, (e) impairment of the safety of any person, (f) rendering any property or plant or animal life unfit for human use, (g) loss of enjoyment of normal use of property, and (h) interference with the normal conduct of business.

1.4 Pursuant to subsection 1(1) of the EPA "natural environment" means the air, land and water, or any combination or part thereof, of the Province of Ontario.

1.5 Pursuant to subsection 14(1) of the EPA, subject to subsection (2) but despite any other provision of this Act or the regulations, a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment, if the discharge causes or may cause an adverse effect.

1.6 Pursuant to subsection 27(1) of the EPA no person shall use, operate, establish, alter, enlarge or extend, (a) a waste management system; or (b) a waste disposal site,

Page 2of13 Unless a certificate of approval or provisional certificate approval therefore has been issued by the Director and except in accordance with any conditions set out in such certificate.

1.7 Subsection 18(1) of the EPA provides that the Director in the circumstances mentioned in subsection (2), by written order, may require a person who owns or owned or who has or had management or control of an undertaking or property to do any one or more of the following: 1. To have available at all times, or during such periods of time as are specified in the order, the equipment, material and personnel specified in the order at the locations specified in the order. 2. To obtain, construct and install or modify the devices, equipment and facilities specified in the order at the locations and in the manner specified in the order. 3. To implement procedures specified in the order. 4. To take all steps necessary so that procedures specified in the order will be implemented in the event that a contaminant is discharged into the natural environment from the undertaking or property. 5. To monitor and record the presence or discharge into the natural environment of a contaminant specified in the order and to report thereon to the Director. 6. To study and to report to the Director upon, i. The presence or discharge of a contaminant specified in the order, ii. the effects of the presence or discharge of a contaminant specified in the order, iii. measures to control the presence or discharge of a contaminant specified in the order, iv. the natural environment into which a contaminant specified in the order may be discharged. 7. To develop and implement plans to, i. reduce the amount of a contaminant that is discharged into the natural environment, ii. prevent or reduce the risk of a spill of a pollutant within the meaning of Part X, or iii. prevent, decrease or eliminate any adverse effects that result or may result from a spill of a pollutant within the meaning of Part X or from any other discharge of a contaminant into the natural environment, including, a) plans to notify the Ministry, other public authorities and members of the public who may be affected by a discharge, and b) plans to ensure that appropriate equipment, material and personnel are available to respond to a discharge. 8. To amend a plan developed under paragraph 7 or section 91.1 in the manner specified in the order.

1.8 Subsection 18(2) of the EPA provides that the Director may make an order under subsection 18(1) if the Director is of the opinion, on reasonable and probable grounds, that the requirements specified in the order are necessary or advisable so as, a) to prevent or reduce the risk of a discharge of a contaminant into the natural environment from the undertaking or property; or b) to prevent, decrease or eliminate an adverse effect that may result from, i. the discharge of a contaminant from the undertaking, or ii. the presence or discharge of a contaminant in, on or under the property.

1.9 Subsection 132 of the EPA provides that the Director may include in an Order a requirement that the person to whom the order is directed provide financial assurance to the Crown in right of Ontario for the performance of any action specified in the Order.

1.1 O Subsection 194 (1 ) of the EPA Every director or officer of a corporation threat engages in an activity that may result in the discharge of a contaminant into the natural environment contrary

Page 3of13 to this Act or the regulations has a duty to take all reasonable care to prevent the corporation from causing or permitting such unlawful discharge.

1.11 Subsection 196(1) of the EPA provides that the authority to make an order under this Act includes the authority to require the person or body to whom the order is directed to take such intermediate action or such procedural steps or both as are related to the action required or prohibited by the order and as are specified in the order.

1.12 Subsection 196(2) of the EPA provides that a person who has authority under the Act to order that a thing be done on or in any place also has authority to order any person who owns, occupies or has the charge, management or control of the place to permit access to the place for the purpose of doing the thing.

Relevant Provisions ofthe Ontario Water Resources Act ("OWRA '? Regarding this Order 1.13 Section 32 of the Ontario Water Resources Act, R.S.O. 1990, c. 0.40, as amended, (the "OWRA") provided that a Director, where it is the Director's opinion that it is in the public interest to do so, may by Order require a person who owns, manages or has control of a sewage works which may discharge material into a water or watercourse that may impair the quality of the water, to do any one or more of the following; 1. To have available at all times. Or during such periods of time as are specified in the Order, the equipment, material and personnel specified in the order at the location specified in the Order. 2. To obtain, construct and install or modify the devices, equipment and facilities specified in the Order at the locations and in a manner specified in the Order. 3. To implement procedures specified in the Order. 4. To take all steps necessary so that procedures specified in the order will be implemented in the event that a water or watercourse becomes impaired or may become impaired. 5. To monitoring and record the quality and quantity of any water specified in the Order and to report thereon to the Director. 6. To study and to report to the Director upon, a. Measures to control the discharge into a water or watercourse of a material specified in the Order, b. The effects of the discharge into a water or watercourse of a material specified in the Order, c. The water or watercourse into which a material specified in the Order may be discharged.

1.14 Section 60 of the OWRA provides that the owner of sewage works shall make returns to a Director on the matters and within the time specified by the Director in a direction to the owner.

1.15 Section 61 of the OWRA provides that sewage works shall at all times be maintained, kept in repair and operated in such manner and with such facilities as may be directed from time to time by a Director.

1.16 Section 5, paragraph 5 of the Ontario Regulation 681 /94, made under the Environmental Bill of Rights, 1993, S.O. 1993, c.28, provides a proposal for an Order under sections 17, 18 and 44 of the EPA is a Class II proposal.

1.17 Subsection 22 (1) of the EBR provides that the Minister shall do everything in his or her power to give notice to the public of a Class I, II or Ill proposal for an instrument under consideration in his or her ministry at least thirty days before a decision is made whether or not to implement the proposal.

Page 4 of 13 1.18 Subsection 22 (2) of the EBR provides that, for purposes of subsection (1 ), a proposal for an instrument is under consideration in a ministry if,

(a) it is possible that a decision whether or not to implement the proposal will be made under an Act by the Minister for the ministry or by a person employed in the ministry; or (b) it is possible that a decision whether or not to implement the proposal will be made under an Act administered by the Minister for the ministry.

1.19 Subsection 27 (1) of the EBR provided that a notice of a proposal under section 15, 16 or 22 shall be given on the EBR registry and by any other means the Minister giving the notice considers appropriate.

1.20 Subsection 29 (1) of the EBR provides that section 22 of the EBR does not apply where, in the Minister's opinion, the delay involved in giving notice to the public, in allowing time for public response to the notice or in considering the response to the notice would result in,

(a) Danger to the health or safety of any person; (b) Harm or serious risk of harm to the environment; or (c) Injury or damage or serious risk of injury or damage to any person.

Key Background Facts Leading Up to the Order

1.21 The following outlines the key background facts, issues and concerns regarding this matter which provide me with the reasons for this Order:

Details of the Orderees

Essar Steel Algoma Inc. (the "Company") owns and\or operates properties in Northern Ontario, Canada known as (1) The steel mill located at 105 West Street, Sault Ste. Marie; and (2) the Mcleod Mine property located adjacent to the Magpie River, immediately north of Wawa; and the (3) the Goudreau Mine located at approximately 35 km northeast of Wawa in Aguonie Township.

Its products are sold in Canada and the United States as well as overseas.

Originally, known as the company was founded in 1902 by Francis Clergue, an American entrepreneur who had settled in Sault Ste. Marie.

The company emerged from bankruptcy protection in 2004.

In April 2007, Algoma Steel was purchased by India's Essar Group for US$ 1.63 billion, continuing operations as a subsidiary known as Essar Steel Algoma Inc ..

The Orderees who are individuals, are directors or officers of Essar Steel Algoma Inc. are; ~ Jalinder Mehra, Director ~ Kalyan Ghosh, President & Chief Executive Officer, Director ~ Naresh Kothari, Director ~ Kishore Mirchandani, Director ~ Pramod Kumar Shukla, Ch ief Operating Officer ~ Rajat Marwah, Chief Financial Officer ~ David James Rennie, Officer, Vice President, Human Resources ~ J. Robert Sandoval, General Counsel & Corporate Secretary

Page 5 of 13 ESSAR Steel Algoma Inc. and the officers and directors are persons who: (1) have the charge, management and control of the Site and responsibility for the operation of the undertaking; (2) caused or permitted the discharge of a contaminant into the natural environment; (3) have charge, management or control of the sewage works that discharged effluent into the St. Marys River.

Essar Mumbai is the parent company of Essar Algoma Steel Inc. It is part of the Essar Group which is an Indian multinational conglomerate with investments in more than 25 countries across five continents. The companies are closely held and managed by Shashi Ruia, Chairman and Ravi Ruia, Vice Chairman.

Description of the Site

Essar Steel Algoma Inc. operations within the Ontario Algoma District are comprised of the following:

Steel Mill An integrated Steel Mill located at the municipal address known as 105 West Street along the St. Marys River in Sault Ste. Marie, Ontario, Canada.

The Site where the steel mill is located is approximately 240 ha in size and includes an additional 328 ha for the waste disposal facility.

The steel mill consists of 3 coke oven batteries, two blast furnaces, two basic oxygen furnaces, and a direct strip mill in addition to specialized ladle metallurgical furnaces, cold mill, hot strip mill, and a plate mill. Approximately 2500 employees are employed at the Site.

The waste disposal is approved under site is located adjacent to the Steel Mill. The waste disposal site is used for the disposal of solid industrial waste, asbestos, slurries and sledges. There is a number of other material stored on-sire including lime fines, wood waste, empty drums, granular slag, scrap metal storage, an emergency acid dump and bleaching area, PCB storage area , and basic oxygen furnace slag storage. The Landfill footprint encompasses an area of 18 hectares.

Mcleod Mine The Mcleod Mine property is located adjacent to the Magpie River, immediately north of Wawa, Ontario, Canada.

The original iron ore mining originated in 1898, with mining operations ceasing in 1998. Decommissioning and rehabilitation has occurred at the site, involving removal of the surface infrastructure, re -vegetation of the tailings management facility, capping of openings and fencing of open pits and crown pillars.

The underground workings of the mine have been filling with water since the closure and long-term treatment of mine water will be required as a result of oxidation of pyritic zones within the mine that are generating acid drainage into the mine.

Several remaining items need to be completed at the Mcleod Mine, which include; )> Decommissioning of the remaining buildings and infrastructure )> Further groundwater studies in the plant area to confirm there is no off site contamination to the Magpie River and mine area. )> Construction and operation of the mine water treatment system is still requi red to be completed, which is predicated to be required by 2019.

Page 6 of 13 );>- Ongoing maintenance, surface, groundwater and aquatic ecosystem monitoring.

The Ministry of Northern Development and Mines holds $7,385, 00.00 in a trust as part of the closure plan requirements.

Gourneau Pit

The Goudreau Property is located next to the historic town of Goudreau, northeastern Ontario, approximately 35 km northeast of Wawa in Aguonie Township. The site was historically mined pyrite from four open pits which started operation in 1914 and initially suspended operations in 1919. Ore was also mined from the pit from 1959-62 which was shipped to Wawa, Ontario. The Goudreau Property consists of 36 freehold patents which are merged into 7 Land Registry Property Identification Numbers ("PIN's") with a total area of 588.55 ha.

Events Leading Up To the Order

1.22 On October 26, 2015, the Globe and Mail reported that Essar Steel Algoma Inc. (ESA), a Canadian affiliate ofIndian energy and resources conglomerate Essar Global Group, has hired financial and legal advisers to assist it with a debt restructuring, according to people familiar with the matter.

ESA has hired investment banking advisory firm Evercore Partners Inc and law firm Weil Gotshal & Manges LLP to assist with the restructuring as it struggles with its debt pile, the people said on Monday.

1.23 On October 26, 2015 it was also reported in the Bloomberg news that, Essar Steel Algoma Inc., one ofthe largest steelmakers in Canada, is in talks with senior lenders over a deal to put the company into insolvency proceedings for the fourth time as its cash runs dry, according to a person with knowledge of the matter.

1.24 The operations at the steel mill owned by Essar Steel Algoma Inc. produce significant quantities of wastewater, including onsite storm water, which requires treatment before discharge to the St. Marys River. This treatment requirement is addressed by the on Site sewage works governed by Environmental Compliance Approval (ECA) (Industrial Sewage Works) No. 4-0196-88-907, issued to Essar Steel Algoma on January 23, 1989 by the Ministry of the Environment (the "Ministry"). The sewage works' effluent, and the sewers on Site which discharge directly to the St. Marys River, are also regulated by effluent monitoring and limit requirements imposed by Ontario Regulation 214/95, made under the EPA.

1.25 If the steel milling operations cease for any reason at the Site, there would still be a requirement to operate all approved sewage works any discharging continues, in accordance with its ECA, and to continue to monitor all other discharge points, to ensure that water quality meets the limits currently set by the Ministry, prior to discharge into the St. Marys River. Site security would be required to be maintained at the steel mill to ensure public safety and for the protection of the environment.

Page 7of13 1.26 If Essar Steel Algoma Inc. was to become insolvent, there would be a shortfall in Financial Assurance for closure. The Ministry currently has access to Financial Assurance in the amount $2,971,541.00 for the closure of the Company's Waste Disposal facility A56010 (WDS). The ECA specifies additional funds are required by September 20, 2017, to bring the total amount of Financial Assurance required for the closure of the steel mill to be $3,698,617.00, representing a shortfall of $727,016, if the Company was to become insolvent prior to submitting the additional funds required by the WDS ECA.

1.27 If the Site was to be decommissioned for any reason, it would require extensive environmental remediation work including; a) dredging of the boat slip area adjacent to the steel Mill, including sludge being removed and disposed of in a manner that is in accordance with applicable environmental laws; (b) off-site removal of waste, including hazardous waste materials, to an approved facility or to be disposed of at the Company's approved site; (c) soil and groundwater conditions at the entire Site need to be evaluated and assessed against the Ministry's Contaminated Sites Guideline, and; (d) remaining closure items at McLeod Mine, including construction and long-term operation of the sewage treatment plant.

1.28 It is anticipated that soil and groundwater at the Site will require extensive monitoring and remedial action to meet current Ministry standards. The Ministry does not hold any Financial Assurance for the work mentioned in this paragraph. It is estimated that this work could be in the hundreds of millions of Canadian dollars.

Opinion of the Director

1.29 In order to protect the natural environment and to prevent, decrease or eliminate adverse effects, it is important that the work described in Part 2 of this Order be undertaken.

1.30 I am of the opinion, as required by the various sections under the EPA and the OWRA under which I am issuing this Order, as follows:

1. Based on reasonable and probable grounds, the requirements of this Order are necessary or advisable so as to prevent or reduce the risk of the discharge of contaminants into the natural environment from the Sewage Works and to: (i) prevent, decrease or eliminate an adverse effect that may result from the undertaking or property and (ii) prevent, decrease or eliminate any adverse effect that may result from: (a) the discharge of a contaminant from the undertaking and (b) the presence or discharge of a contaminant in, on or under the Site (s. 18 of the EPA);

1.31 I am further of the opinion that if the Company becomes insolvent there will be harm or serious risk of harm to the environment without immediate issuance of this order.

1.32 This Order is being issued to all of the named persons on the basis of your current relationship with the Site and with the Undertaking on the Site.

PART 2: WORK ORDERED

Pursuant to the authority vested in me by sections 18, 132 and 194, 196 of the EPA and sections 32, 60, 61 of the OWRA, I hereby order, the Orderees, both jointly and severally, to take all steps necessary to do, or cause to have done, the following:

Page 8of13 Continued Operation of Sewage Works and Waste Disposal Site

2.1 Immediately ensure the continued maintenance and operation, of all sewage works at the Site in accordance with the terms and conditions specified in the Environmental Compliance Approval 4-0196-88-907, or as otherwise specified in writing by the District Manager. For clarity, there can-be no alterations for the monitoring, collection, and treatment of stormwater or remaining process waters at the Site unless first approved in writing by the District Manager.

2.2 No later than one (1) day after ceasing operations at the Site, provide to the District Manager the name, and C.V. of the Qualified lndividual(s) who have the experience and training sufficient to make him, her or they proficient in the maintenance, repair and operation of industrial sewage works and who are managing such works at the Site.

2.3 Immediately ensure continued compliance with Environmental Compliance Approval A560101 which regulates the use and operation of the WDS.

2.4 For clarity, only wastes approved for disposal under the ECA are permitted to be disposed of at this Site. Any proposed changes would require an amendment to the existing ECA.

Maintaining Electrical Services and Site Security

2.5 Immediately make the necessary arrangements with the Independent Electricity System Operator in Ontario (IESO) to ensure that the supply of electricity to the Site is not discontinued, altered, interfered with or terminated.

2.6 Provide written confirmation to the Director that the arrangements described in Item 2.5 have been made with the IESO no later than November 30, 2015,

2.7 No later than one (1) day after ceasing operations, submit a written plan for securing the Site to the Director for approval Amongst other things, the plan shall provide for: (1) sufficient number of security guards on duty 24 hours, seven days a week; (2) recording of all material observations; and (3) weekly reports to the District Manager on the status and activities at the Site.

2.8 Implement the plan described in Item 2.7, as approved by the Director, within one (1) day of the Director's approval.

Site Assessment and Remediation Plan

2.9 Within ninety (90) days of the date of issuance of this order, retain the services of a third party Qualified Individual to prepare a Terms of Reference (ToR) acceptable to the Director for the purpose of developing of a Site Wide Environmental Conditions Report (SWECR). The TofR will outline all necessary work, with timelines identified, that is required to assess the environmental site conditions (soil, groundwater, surface water), including but not limited to identification of and disposal of all hazardous wastes including poly chlorinated byphenols (PCB's) present on the Site. The TOR shall also identify location and depth of wells present on the site and plans for abandonment in compliance with Ontario Regulation 903.

2.10 Within 180 days of the date of issuance of this order, submit the ToR outlined above to the Director for review and approval.

Page 9of13 2.11 Within 60 days of receipt of an approved TofR for the SWECR outlined above, undertake all the required work in accordance with the approved schedule and submit a final report for review and approval of the Director. The report shall include a detailed breakdown of associated remediation costs.

2.12 Within 90 days of receipt of an approved SWECR, retain the services of a third party Qualified Individual to develop a Site Wide Remediation Plan (SWRP) with proposed timelines and estimated remediation costs for review and approval to the Director.

Financial Assurance

2.13 Within ninety (90) days of the date of issuance of this Order, the Parties shall provide financial assurance calculations, for the performance of work specified in this Order for the approved SWECR that conforms with MOE Guideline F-15 and that is satisfactory to the Director.

Sampling Monitoring and Reporting Program

2.14 Effective immediately, undertake a sampling, monitoring and reporting program to ensure continued compliance with Environmental Compliance associated with the Site.

2.15 No later than ten (10) day after ceasing operations at the Site, provide to the District Manager a written plan for the monitoring of the Site for approval. The plan at a minimum, shall require the following:

a) Identification and labelling of all waste, flammables material and chemicals on the Site; b) Classification and registration of all waste on the Site in accordance with Regulation 347; c) Identification of, and physical integrity of, all above tanks, underground tanks and related piping, on the Site' d) Identification of the material, and concentration of such material, in all above ground and underground tanks on the Site, including the likelihood of such material becoming a contaminant e) Description of the geology and hydrology at the Site;

Other

2.16 Immediately ensure that all consultants, contractors, employees, agents, haulers and other implementing the requirements of this Order are exercising reasonable care to prevent any discharge of contaminants and any adverse effects that may be caused by such discharge.

2.1 7 Failure to comply with a term of this Order by the date specified does not absolve you from compliance with that requirement. The obligation to complete the requirement shall continue each day thereafter.

PART 3: DEFINITIONS

"ECA" means Certificate of Approval

Page 10of13 "Company" means Essar Steel Algoma Inc.

"Director" means the undersigned Director or any other person as may be designated as a Director for the purposes of this Order.

"District Office" means the Sudbury District Office of the Ministry of the Environment and Climate Change.

"EAB" means The Ministry's Environmental Approvals Branch.

"EPA" means the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended.

"Ministry" means the Ontario Ministry of the Environment and Climate Change.

"OWRA" means the Ontario Water Resources Act R.S.O. 1990, c. 0.40.

"Professional Engineer" means an engineer in good standing licensed pursuant to the Professional Engineer's Act, R.S.O. 1990, p. 28 who is qualified and has experience in sanitary engineering related to sewage works.

"Professional Geoscientist" means a geoscientist in good standing licensed pursuant to the the Professional Geoscientists Act, 2000.

"Provincial Officer" means a person who is designated as a Provincial Officer for the purposes of the EPA and the OWRA.

"Qualified lndividual(s)" means a Professional Engineer or a Professional Geoscientist having experience in activities that require the knowledge, understanding and application of the principles of engineering or geoscience.

"Sewage" has the same meaning as provided in the Ontario Water Resources Act, R.S.O. 1990, c. 0.40, as amended.

"Sewage Works" has the same meaning as provided in the OWRA.

"Site" means the property known as Essar Algoma Inc., (1) The steel mill located at 105 West Street, Sault Ste. Marie, Ontario, Canada; and (2) the Mcleod Mine property located adjacent to the Magpie River, immediately north of Wawa, Ontario, Canada; and the (3) the Goudreau Mine located approximately 35 km northeast of Wawa in Aguonie Township, collectively referred to as the "Site".

PART 4: GENERAL

The requirements of this Order are minimum requirements only and do not relieve you from complying with the following:

(a) any applicable federal legislation, (b) any applicable provincial legislation or requirements that are not addressed in this Order, and (c) any applicable municipal law.

Page 11 of 13 Nothing in this Order should be construed as prejudging any decision that the EAB director may make in respect of an application for approval of a sewage works and is in no way binding on the EAB director in relation to the granting of approval or any terms and conditions specified therein.

The requirements of this Order are severable. If any requirement of this Order or the application of any requirement to any circumstances is held invalid, the application of such requirement to other circumstances and the remainder of the Order are not affected.

Further orders may be issued in accordance with the legislation as circumstances require.

Non-compliance with the requirements of this Order constitutes an offence.

Subsection 19(1) of the EPA provides that an order of the Director is binding upon the successor or assignee of the person to whom it is directed.

In the event any party to this order is, in the opinion of the Director, rendered unable to perform or comply with any obligations herein because of:

(a) natural phenomena of an exceptional, inevitable or irresistible nature, or insurrections, or (b) strikes, lockouts, or other industrial disturbances, or (c) inability to obtain materials or equipment for reasons beyond the control of the company, or (d) any other cause whether similar to or different from the foregoing beyond the reasonable control of the parties, the obligations hereof, as they are affected by the above shall be adjusted in a manner defined by the Director. To obtain such an adjustment, the party must notify the Director immediately of any of the above occurrences, providing details that demonstrate that no practical alternatives are feasible in order to meet the compliance dates in question.

All documentation submitted to the Director pursuant to the requirements of this Order shall be submitted to:

Director Trina Rawn, Director Ministry of the Environment and Climate Change 1201-199 Larch Street Sudbury, ON P3E 5P9

PART 5: HEARING BEFORE THE ENVIRONMENTAL REVIEW TRIBUNAL

You may require a hearing before the Environmental Review Tribunal (Tribunal), if, within fifteen (15) calendar days from the date of service of the Director's Order, you serve written notice of your appeal on the Tribunal and the Director. Your notice must state:

(a) the portion(s) of the Order in respect of which a hearing is required; and (b) the grounds on which you intend to rely at the hearing.

Page 12of13 Except with leave of the Tribunal, you are not entitled to appeal a portion of the Order or to rely on a ground that is not stated in the notice requiring the hearing. Unless stayed by the Tribunal, the Order remains in effect from the date of service.

Written notice requiring a hearing can be served upon:

The Secretary Director Environmental Review Tribunal And Trina Rawn 1 655 Bay Street, 15 h Floor Sudbury District Office Toronto, Ontario Ministry of the Environment and Climate Change MSG 1E5 1201-199 Larch Street Sudbury, ON P3E 5P9 Tel: (416) 212-6349 Toll free: 1-866-448-2248 Tel: (807) 468-2734 Fax: (416) 326-5370 Toll free: 1-800-890-8516 Toll free: 1-844-213-3470 Fax: (807) 468-2735 Email: [email protected] Email: [email protected]

Further information on the Tribunal and requirements for an appeal can be obtained directly from the Tribunal by:

Tel: (416) 212-6349 or 1-866-448-2248 Fax: ( 416) 326-5370 or 1-844-213-3470 TTY 1-800-855-1155 via Bell Relay Web: www.ert.gov.on.ca

Service of the documentation referred to above can be made personally, by mail, by fax, by commercial courier or by email in accordance with the legislation under which the Order is made and any corresponding Service Regulation. Further information can be obtained from e- Laws at www.e­ laws.gov.on.ca. Please note that choosing service by mail does not extend any of the above mentioned timelines.

The procedures and other information provided above are intended as a guide. The legislation and/or regulations should be consulted for additional details and accurate reference. r£~ £./

Signed at the City of Kenora, ON on the ___9___ _ day of, _ _.N...... o...... v__e~m ....b...... e.._r ____ 2015.

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