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HomeMy WebLinkAbout2007-150THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007 - 150 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and SENES Consulting Limited, Richmond Hill, Ontario, to enter into an agreement for Consulting Services, Municipal Peer Review of the Durham/York Energy From Waste Environmental Assessment Study. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a contract between SENES Consulting Limited, Richmond Hill, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" forms part of this By-law. By-law read a first and second time this 25th day of June, 2007. By-law read a third time and finally passed this 25thday of June, 2007. Ji ~ e ethy, M or ~~~ _`~ Patt' .Barr' ,Municipal Clerk ~® r' ~~ ~. ~,~ _~ ~~:_r ~ ( , ,.' _ _ _. _ Leading the Way `'--- Municipality of Clarington 40 Temperance Street Bowmanville; Ontario L1 C 3A6 (905) 623-3379 Purchase Order Purchase Order No, 03481 Date 7/25/2007 Revision Number 1 Page 1 ~..t Vendor: Ship To: SENE0001 Municipality of Clarington SENES CONSULTANTS LIMITED 40 Temperance Street 121 GRANTON DRIVE, UNIT 12 Bowmanville Ontario L1C 3A6 RICHMOND HILL, ON L4B 3N4 ^ Changed Since the Previous Revision 'Shi in Method Pa ment Terms Confirm With nFFAI II T NFT 30 DAYS F. Lanamaid UN Item Number Descri tion Re 'd Date U/M Ordered Unit Price Ext. Price Reference Number FOB 1 CONSULTING EFW Uocumentatlon Neer Kevlew CONSULTING To cover professional services required to conduct a peer review. of documentation for the proposed EFW Facility in Durham -York Regions as per instructions and upset cost estimate. 2 BREAKDOWN Upset Limit Breakdown: BREAKDOWN Technology Assessment- Peer Review - $12,000.00; EA Technical Components -Peer Review - $15, 000.00; 3 _. Human Health and Ecological Risk Assessment - Assist in development of TOR and Peer Review - $20,000.00 4 Rates For Billing RATES FOR BILLING Principal @ $155.00/hr; Project Mgr/Senior Staff @ $130.00/hr; Intermediate Staff @ $115.00/hr; Junior Staff @ $85.00/hr; Admin Support Staff @ $60.00/h r. 5 Reference _ REFERENCE Above in accordance with your proposal dated May 31, 2007. //5/"LUU/ LOt Destination 7/25/2007 Destination 7/25/2007 - Destination 7/25/2007 - Destination "I.000 .~4 /,UVU.VUU 0.000 $0.000 0.000 $0.000 0.000 $0.000 ~4/,000.UU $0.00 $0.00 $0.00 7/25/2007 - 0.000 $0.000 Destination 6 Revision Additional Services 7/25/2007 lot REVISION Destination Additional Services Re Peer Review for proposed $0.00 1.000 $42,203.150 $42,203.15 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 (905) 623-3379 Purchase Order Purchase Order No, 03481 Date 7/25/2007 Revision Number 1 Page 2 Vendor: SENE0001 SENES CONSULTANTS LIMITED 121 GRANTON DRIVE, UNIT 12 RICHMOND HILL, ON L46 3N4 Ship To: Municipality of Clarington 40 Temperance Street Bowmanville Ontario L1 C 3A6 ^ Changed Since the Previous Revision Shi in Method Pa merit Terms Confirm With DEFAULT NET 30 DAYS F. Langmaid L/N Item Number Descri tion Re 'd Date ` U/M Ordered Unit Price Ext. Price Reference Number FOB EFW Facility Durham-York, including consulting fees for Aiolos Engineeering Corp. @ $525.00 as per inv. #25369 Erq #1983 Council By-law #2007-150 NOTES: 1) THE VENDOR WILL SUPPLY AND DELIVER GOODS AND/OR SERVICES TO THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON IN ACCORDANCE WITH TERMS AND CONDITIONS ON BOTH SIDES HEREOF. 2) NO CHARGES WILL BE ACCEPTED FOR PACKING, CRATING OR CARTAGE UNLESS OTHERWISE SPECIFIED. Subtotal $89,203.15 Trade Discount $0.00 Frei ht $0.00 'Miscellaneous. $0.00 ,,HST_' $0.00 PST $0.00 'GST ' $4,930.16 "Order Total $94.133.31 PURCHASING MANAGER S~'~'S ~®nsultants Lirrt~ted 1VIF+ 1VIOI2Al®TI) f.TIO~I TO: FROM: SUBJ: Faye Langmaid/ Janice Szwarz Murali Ganapathy, M.A.Sc., P.Eng, BCEE 54815 31 May 2007 Peer Review of Documentation for Proposed EFWFacility inDurham-York Regions This has reference to the discussions held on 8 May 2007 at your offices regarding the proposed the proposed Energy from Waste (EFW) facility proposed for Durham-York Regions and the subsequent correspondence. SENES is pleased to provide this proposal for providing peer review services to the Municipality of Caarington. SCQPE OF WORK It is our current understanding that the preferred site is likely to be within the proposed Energy Park (west of OPG's Darlington Nuclear Generating Station). SENES proposes the following scope of work: 1 EA Technical Components Peer Review; 2 Technology Assessment; and 3 Human Health and Ecological Risk Assessment; SENES proposes the above scope of work and the details of tasks are as follows: 1 EA PEER REVIE'F1V SENES will review all relevant documents as part of EA Peer review including those related to: - 'Technology selection and review of alternatives SENES will review the technology alternatives reviewed by the consultants and provide comments and recommendations both on the process followed for evaluation a~.1d the technologies compared. SENES has been on the forefront of waste technologies assessment and 121 Granton Drive, Unit 12 Richmond Hill, Ontario Canada L4B 3N4 Tel: (905) 764-9380 Fax: (905) 764-9386 E-mail: mganapathy@senes.ca Web Site: http://www.senes.ca 5415 31 May 2007 Memo to [Municipality of Clarington~ (Continued) Fage 2 is currently assisting Plasco energy in permitting of is Plasma based EFW plant in Ottawa in addition to several waste management projects worldwide. - Environmental Baseline Information SENES will review this section for data sources and SENES has recent experience in the region with Low Level Radioactive Office as well as OPG's Darlington Nuclear Generating Station and as such has access to vast amounts of information. SENES will look at the following key areas: • natural environment ; • noise: • geology and physiography; • vegetation/wildlife; • environmentally significant areas; • aquatic habitat and communities; • water quality, effluent discharges, water uses -surface and groundwater; • land and water uses; and • socio-economics. - Noise The noise and vibration component of the peer review will evaluate the noise and vibration impact of the proposed facility and, if necessary, critique the design mitigation measures. The noise documentation will be reviewed in accordance with the requirements of the Region of Durham noise by-law and the provincial Model Municipal Noise Control By-Law. - IiTatural Environment -Terrestrial Ecology The Terrestrial Ecology documentation will be peer reviewed for accuracy of local vegetation, impacts on ecological receptors and the discussions thereon in the document on the physical characteristics of the entire EFW property and inventory the flora and vegetation communities. Issues relating to marine and aquatic biology will also be reviewed and addressed. - Water Quality, Ef#luent Discharge, Cooling Water, Storm water and Cr®und water SENES will peer review water quality, effluent discharge storm water and cooling water and its impacts on the receiving waters -Lake Ontario and ground water, if any. 54815 3I May 2D07 Merreo to jMunicipality of ClaringtonJ (Continued) Page 3 - Cumulative Effects Cumulative effects assessment (CEA) would only be done for afederal EA -proponent currently completing a provincial EA. Hence SENES would assist the Municipality to develop Terms of Reference for addressing this issue and subsequently assist in peer reviewing the CEA document. Cumulative effects assessments are typically expected to (as per the Cumulative Effects Assessment P~°actitioners Guide): • "assess effects over a larger (i. e. "regional') area that may cross jug°isdictional boundaries; • assess effects during a longer period of time into the past and future; • consider effects on Valued Ecosystem Components (VECs) due to interactions with other actions, and not just the effects of the single project under review; • include other past, existing and future (e.g. reasonable foi°eseeable) actions; and • evaluate significance in consideration of other than just local, direct effects. " 2 HUMAN HEALTH AND ECOLOGICAL RISK ASSESSMENT (Hf-IERA) HHERA would only be done for a federal EA -proponent currently completing a provincial EA. Hence SENES would assist the Municipality to develop Terms of Reference for addressing this issue and subsequently assist in peer reviewing the HHERA document. Given the sensitivity of the public to issues relating to air quality and effects of incineration, human health and ecological risk assessments should be conducted based on the emissions that are expected to result from the construction and operation of the proposed EFW facility. The air' concentrations developed Air Quality Study are normally used to provide reasonable upper- boundestimates ofpossible exposures to contaminants that hypothetical individuals living or working near the proposed facility would receive. The general approach to the human health and ecological risk assessment is as follows: hazard identification/problem formulation, toxicity assessment, exposure assessment, and risk characterization. TJsing the upper-bound exposure estimates, the calculation of single point estimates will be used to characterize the effects attributable to the proposed EFW facility. The review will be carried out following approaches that are acceptable to regulatory agencies such as Health Canada, CCME, MOE and U.S. EPA. 5415 - 3d 1Ydcay 2007 Memo to [Municipality of Clarington~ (Contrnraed) Page 4 P124POSED STAFF Don Gorber, Pfi.D., P.Eng, 12esponsibility- Project :Director a.nd EA Peer Review Dr. Gorber is President and Director of EA and Sustainability Studies at SENES. His hands-on experience spans projects undertaken over the past 30 years involving site selection, impact assessment, environmental mediation, public participation, remedial action development and risk analysis. In addition, he has undertaken many provincial and federal (both Screening and Comprehensive Studies) EAs, and has acted as a specialist advisor on international EA projects. Dr. Gorber's responsibilities generally include project coordination, regulatory review and approvals, policy development, public consultation program development as well as mediation between stakeholders and proponents. He has acted as a facilitator on many complex environmental problems and served as a technical liaison between public interest groups, industry and regulatory agencies. Dr. Gorber has acted as peer reviewer on many EA reports for projects across Canada and in the U.S., has reviewed draft EA policy documents for the Ministry of Environment and has reviewed CEAA documentation and procedures for three federal ministries on behalf of the Auditor General of Canada. He has conducted numerous studies for the former Ontario Hydro and OPG and is intimately familiar with OPG's corporate structure and personnel. Soi31e of leis experience includes Project 1`~ar~ager and/or EA Advisor for the PNGS B Refurbishment and Life Extension EA and Darlington new-build (both on-going); Project Manager for gas-based combined cycle power projects- Halton Hills, Portlands Energy and BrightonBeach; numerous EAs of hydroelectric projects on the Upper Mattagami River, Lower Mattagami River and the Montreal River (on-going); OPG's WWMF Waste Storage EA and OPG's EA for Low-Level Storage Building 9, 10 and 11 at the WWMF; Comprehensive Study EA on the Decommissioning of the Heavy Water Plant at the Bruce Site and decommissioning ofthe Whiteshell Laboratories site; Used Fuel Waste Management Facility at the Darlington and Pickering Nuclear Sites. IVlura[i Ganaputhy A'I.A.Sc., i'. Eng., DEE Project Ivlanager Murali Ganapathy is a Principal at SENES and has over 25 years experience in waste management and process engineering. He is a process engineer by training and has been involved with regulations and guideline development, pollution prevention and waste management studies in a wide variety of municipal and industrial sectors. 54815 31 May 2007 Memo to [Muzzicipality.of ClaringtonJ (Continued) Fage S Some recent representative work in the area of waste management includes: Project Manager for Certificate of Approval and related studies for 100TPD Plasma based waste-to-energy facility at Ottawa; Project Manager for compliance assessments for industrial and hazardous ,waste management at Hydro One sites across Ontario; Project Manager for developing ESM guidelines for POPS Waste Management for UNEP/ Basel Secretariat; Project Manager for studies surrounding Canada's Decision to accede to The Basel Liability and Compensation Protocol; Project Manager for Stakeholders Consultation Workshops for control of interprovincial movement of hazardous waste and hazardous recyclable materials regulations development; Project Manager for developing the procedures manual for Transboundary Movement Division of Environment Canada; Project manager for Hazardous Waste Task Group of CCME -technical support for hazardous waste management project; Project manager for computer based training course development for EIHWR for Transboundary Movement Division of Environment Canada; Project Manager for feasibility study for developing an integrated hazardous waste management facility for New Delhi, India; Project Manager for Waste Facility Evaluations for General Motors of Canada Limited; Project manager for identification and custom model development of Canadian companies who could be potentially be regulated under the EIHWR for Environment Canada; Lead technical specialist on waste management assignments in India; Course manager for training of 15 Environmental Regulators on a 7-week course in association with University of Ottawa, on Pollution Prevention and Clean Technology Project Implementation; Project Manager for waste characterization of industrial hazardous waste for a feasibility study and environmental impact assessment of a secured sludge disposal facility; and Teaching experience at the University of Toronto to Chemical Engineering undergraduates on "Environmental Safety in Process Design" in the final year project course on Process Design. Fred Sernard, M.A. Responsibility: Peer Review- Noise Assessments Mr. Bernard is a senior Eriviroiuize~ital Noise Specialist at SENES with 20 years cf experience in data analysis, research and report preparation for various projects. He has participated in designing, conducting and managing numerous noise studies and is knowledgeable in the interpretation and application of regulations governing noise in Canada and various jurisdictions in the United States. He has extensive experience in designing and undertaking noise impact assessments for power plants and co-generation facilities. Previous relevant ambient noise monitoring and impact assessment prof ect experience includes: the return-to-service of PNGS A and Bruce Nuclear Generating Station A; Darlington used fuel storage facility; Halton Hills Gas Generating Station; Portlands Energy Centre,; Brighton Beach Gas Power Station in Windsor; TransAlta's proposed electrical and steam 5481 S 31 May 200 Memo to [Municipality of Clarington~ (Continued) Page 6 co-generation facility; Courtenay Bay Gas Generating Station; and Ear Falls Hydro Generating .Station. Dr. Harriet A. Phillips, Ph.D., Risit Assessment Specialist/Toxicologist Responsilzility: Peter Revie:v - ~-Iumam ar€l Ec€~lagieal Risla Assessment Dr. Phillips is a Senior Environmental Health, Toxicology and Risk Assessment Specialist at SENES. She is a specialist in human and environmental toxicology at SENES and has extensive experience assessing the applicability of data to ecological systems as well as the potential toxicity to humans. She was the proj ect lead for the peer review conducted on the risk assessments for the Sithe power plants in Brampton and Mississauga. Dr. Phillips was responsible for HHRA studies at HHGS, BBPS and PEC. In addition, Dr. Phillips has provided toxicological expertise on various projects involving contaminated site risk assessments, dose-reconstruction and the development of alternate concentration limits for metals as well as participated in the assessment of the biophysical environment of generating stations. She has been involved in the development of human health risk profiles for arsenic, nickel, cadmium, molybdenum, uranium and PAHs in a study performed for the Federal German Ministry of Environment (BMU) in support of decommissioning activities in East Germany. Dr. Phillips has also been involved in the development of a human health toxicological assessment for uranium for both the Ontario Ministry of the Environment as well as for a mining company in the United States. She has reviewed environmental toxicity data for numerous metals and organics in support of risk assessments for industrial contaminated sites in Ontario. Additionally, Dr. Phillips was responsible for reviewing and assessing toxicological data for the incinerator at the Main Treatment Plant in Toronto. Richard filbert Responsibility -Technology Assessment Prichard Gilbert is an independent consultant who focuses on transport and energy i ssues and also on urban governance and waste management. Current and recent clients include the Paris-based Organization for Economic Cooperation and Development (OECD, continuously since 1992), the Hong Kong `think tank' Civic Exchange, Canada's National Round Table on the Environment and the Economy, and the Centre for Sustainable Transportation, which has just relocated from Toronto to the University of Winnipeg. He is on the faculty of the University de Sherbrooke (Centre d' etudes en reglernent yconomique et financiere - CEREF) and earlier this year taught a graduate course in urban governance at Vancouver's Simon Fraser University. 54815 3I May? ZQ07 Memo to [Municipality of ClaringtonJ (Continued) Page 7 Richard was a City of Toronto and Metro Toronto councillor from 1976-1991, always serving on the City or Metro Works Committee, or both, taking a special interest in waste management issues. From 1982-1989, he served as the first chair and CEO of the then Toronto District Heating Corporation (now Enwave), putting the new organization on a firm financial footing and initiating . the expansion into district cooling. (TDHC was formed to distribute steam from an energy-from- waste plant. Development of such a plant has continued to be a preoccupation of the company.) As a consultant, he worked extensively on waste management issues in the 1_990s, often in partnership with the late Ray Bremner, then recently retired after 33 years as Toronto's Worlcs Commissioner. With Ray and separately, Richard worked for waste management companies interested in developing energy-from-waste solutions for the Greater Toronto Area's waste, notably Ogden Corp. and then AGRA (now AMEC). In 1997 and 1998, he was hired by seven companies (American Ref-Fuel; Foster Wheeler; Montenay; Ogden; PRRI; TIRU; Wheelabrator) to provide coordinated input into development of the terms of reference for the environmental assessment of Metro Toronto's waste management plan. In 1999 and 2000, he played a major role in the development of a response by AGRA to Metro's RFP for the disposal of solid waste, including management of the extensive public outreach process. Richard has written several articles on waste management that have appeared in Solid Waste Management. and also the Globe & Mail and the Toronto Stagy°. In 2006, in a major report on energy futures commissioned by the City of Hamilton, he proposed construction there of a large energy- from-waste complex to serve much of southern Ontario. CC~RI'GIZA'I`E E~I'ERIEI~TCE SENES, an acronym for Specialists in Energy, loTuclear and Environmental Sciences is a wholly Canadian employee-owned company, incorporated in 1980 in the Province of Ontario, Canada. During its 25 years in business, SENES has participated in over 5,000 projects in Canada and internationally. SENES has extensive international experience working with people from different cultures and languages and has successfully worked in more than 50 countries outside of North America. SENES has its main office in Canada, in the Toronto area (Richmond Hill) with offices in Kincardine, Ottawa, Vancouver and Yellowknife. SENES has also established three other companies -Decommissioning Consulting Services Limited in Canada; SENES Oak Ridge Inc., 54815 3X May 211117 Memo to [Mu~ticipality of Claringtonj (Continued) Page 8 Center for Risk Analysis in Tennessee, U.S.A. and SENES India with offices in Hyderabad, Delhi, Kolkata and Mumbai - to provide additional services in selected specialised areas. SENES provides services in many environmental fields directly related to this assignment. The company has unparalleled expertise in environmental impact assessment (EIA) and has been at the forefront of environmental assessment (EA) in Canada since its inception as a process in 1973. Senior SENES staff undertook the first EA in Canada under the federal environmental assessment and review process (EARP). Subsequently, SENES has successfully completed many major federal EIAs, and screening-level assessments, as well as numerous provincial EAs across Canada (e.g. in Ontario, Saskatchewan, Alberta and British Columbia). Representative SENES experience on waste management and EA is provided as attachment to this memo. Some directly relevant experience is as follows: CONSULTING SERVICES FOR AN ENERGI' FROM WASTE DEMONSTRATION PROJECT SENES is currently assisting Plasco Energy Inc, Canada to provide engineering and consulting support by carrying out technical evaluation and regulatory approvals support. Plasco proposes to gasify 75tonnes ofnon-hazardous, municipal solid waste (not including materials which have been source separated for the purposes of recycling) per day and up to an additional 10 tonnes per day of high-carbon, municipal waste (such as plastic bags, other non-recyclable plastics or shredded tires) to generate electricity using plasma arc technology. The demonstration project would yield approximately 5.2 megawatts (MVO of electricity. IVIETROYOLI'I'AN TORONTO -RISKS FROM INCINERATION OF 1l~IUNICIPAL SOLIID WAS~'E The risks of air emissions from incinerators in the Commissioners and Cherry Street areas of downtown Toronto were assessed. Both short- and long-term exposure modelling were carried out. The estimated risk exposure levels were compared to acceptable levels and used to derive relative margin of safety values. The lifetime cancer risk from exposure to backgrou~id sources aiid to incinerator emissions were also evaluated. ~Wr~ P - I{1VA!,IJATION OF TIIE PROS A_NIa CONS OF INCINERATION - PHASE II A preliminary review of the feasibility of incineration as part of Metropolitan Toronto's solid waste management plan was carried out. General information has been compiled and assembled through literature searches with the relevant agencies and individuals in the field. Phase II of this assessment (pros and cons of incineration) identified, reviewed and assessed the arguments for or against 54815 31 May 2007 Memo to [MunicipaCity of CCarington~ (Continued) Page 9 incineration with energy recovery, by extracting the technical aspects and related information from the identified literature. ESSEX-WINDSOR -AIR QLIALITX' NEAR A PROPOSED EFW FACILITY An assessment of background air quality and an evaluation of existing sources of emissions was carried out for the Windsor area to determine the air quality implications of locating an EFW incinerator in the area. VICTORIA HOSPITAL - ATil~OSPIIERIC ENrISSIONS FROM AN EFW FACILITY On behalf of a coalition of representatives and residents in London, Ontario, the air quality emissions and control equipment options for a proposed energy-from-waste incinerator at an Ontario hospital were reviewed. Health effects under short-term and long-term operation also were evaluated and assistance provided to legal counsel with cross-examination. The proponent was required to improve air pollution controls and implement a monitoring protocol. INDEPENDENT APPRAISAL OF AN EFW FACILITY An independent appraisal of the potential for a proposed energy-from-waste facility to impact local air quality, noise, and odour was presented to the Ontario Environmental Hearing Board. Assistance was also given in the cross-examination of evidence and in the negotiations which led to an agreement between the advocate and the citizens' group appearing before the Board. SCIIIs~DULES AND COST ESTIMATES The proposed EFW Facility schedule is as follows (as per approved TOR): - Approved EA Terms of Reference March 2006 - Select Preferred Site and Vendor End of 2007 - EA 2008 - Implementation of the Facility Mid 2009 to 2010 Based on the above, it appears that SENES involvement could be dependent based on the timeline, the work carried out by the consultants and may also vary with the changing scenario. SENES will work closely with the Municipality of Clarington Team to ensure that the deliverables are available to the Planners to make appropriate representation at the Council as well as any hearings or public meetings. At the present time it is not possible to provide a detailed cost estimate for this study and 5481 S 31 May 2007 Memo to [Municipality of CCaringtonJ (Continued) Page 10 hence the hourly rate of our staff categories areas provided below and these will be used for billing purposes: STAFF CATEGORY RATE- $/hour Principal 155 Project Manager/ Sr. Staff 130 Intermediate Staff 115 Junior Staff ~5 Admin Support Staff 60 The upset cost estimates for the peer review are as follows: v Technology Assessment -Peer Review - $12,000 EA -Technical Components -Peer Review- $ 15,000 Human Health and Ecological Risk Assessment -Assist in development of TOR and Peer Review - $20,000 I hope this proposal is in line with your requirements. Please do not hesitate to contact myself if you require any clarifications or need additional information. Look forward to working with the r/Iunicipality of Clarington. Yours very truly, SENES Consufltants Li~k4ed Murali Ganapathy, M.A.Sc., P.Eng., BCEE Principal Att.