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HomeMy WebLinkAboutPSD-058-09Clarington REPORT Leading the way . PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE n Date: Monday, June 15, 2009 ~CSOIu~~~f~U"A'~v~~ Report #: PSD-058-09 File #: PLN 33.4 By-law #: Subject: PORT GRANBY PROJECT - MUNICIPALITY OF CLARINGTON COMMENTS ON THE DRAFT EA SCREENING REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-058-09 be received; 2. THAT Report PSD-058-09 be APPROVED as the Municipality's comments on the draft Screening Report for the Port Granby Long-Term Low-Level Radioactive Waste Management Project ; 3. THAT a copy of this report and Council's decision be forwarded to Natural Resources Canada by June 17, 2009; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. " ~ Reviewed by: Submitted by: Davi J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer JAS/FL/df 5 June 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-058-09 PAGE 2 1.0 BACKGROUND 1.1 The Environmental Assessment (EA) for the Port Granby Project, which has been underway since 2001, has been undertaken by the Low Level Radioactive Waste Management Office (LLRWMO). The Municipality, through Staff and the Municipal Peer Review Team led by Hardy Stevenson and Associates, have reviewed and commented on the numerous studies prepared as part of the EA. The EA process has in large part been guided by a Legal Agreement between the Municipalities of Clarington and Port Hope, and the Government of Canada. This Agreement defines a number of key decision points in the EA process for both the Municipality and the federal government, which are discussed below. 1.2 Council's Approval of a Qualified Concept -The first key decision for the Municipality came in September 2004 when Council agreed with the LLRWMO's recommendation that a concept involving the excavation and relocation of the Port Granby wastes to a new engineered storage mound north of Lakeshore Road should proceed through the EA process as the Qualified Concept for the Port Granby Project. 1.3 Council's Consent to a Preferred Option -The second key Municipal decision occurred in June 2006 with Council's consent to the submission of a Preferred Option to federal decision makers for review. In providing its consent, Council approved the recommendations in Staff Report PSD-077-06 that the Environmental Assessment Study Report (EASR) provided a sufficiently comprehensive assessment of the effects of the Qualified Concept, and that the measures proposed to mitigate the effects of the Project on area residents were appropriate. The staff report also included a description of the Preferred Option to which Council gave its consent. A map indicating the key elements of the project is attached hereto as Attachments 2A and 2B. 1.4 Council's Consent to the EA Screening Report - A third key decision point for the Municipality will be Council's consent to the Project as described in the EA Screening Report prepared by Natural Resources Canada (NRCan) and the Canadian Nuclear Safety Commission (CNSC), the two Responsible Authorities (RAs) for the Port Granby Project. The Screening Report contains the findings and conclusions of the federal review of the EASR for the Port Granby Project. Under the provisions of the Legal Agreement, Council must be satisfied that the Port Granby Project as described in the Screening Report is substantially the same as the Project it agreed to in June 2006. Otherwise, the Municipality will have 90 days to notify the federal government that it does not wish to proceed with the Project. 1.5 On April 27, 2009, Dave MacCauley from NRCan presented an overview of the draft EA Screening Report to Council. The draft Report was released for public review on May 4, 2009, with June 17, 2009 being the deadline for the submission of comments. REPORT NO.: PSD-058-09 __ PAGE 3 2:0 PURPOSE OF REPORT 2.1 The first purpose of this is to advise Committee and Council of the results of the Municipal Peer Review Team's and Staffs review of the draft EA Screening Report for the Port Granby Project. 2.2 The second purpose of this report is to recommend specific comments on the draft EA Screening Report for submission to the Government of Canada. These comments are set out in Sections 4 and 5 and Attachment 5 of this report and include both Staffs comments and the comments of the Municipal Peer Review Team. 3.0 DESCRIPTION OF PROJECT IN DRAFT EA REPORT 3.1 The following description of the Port Granby Project is a summary of the information provided in the Draft Screening Report, and focuses on three areas of the Project -the Construction and Development Phase, the Maintenance and Monitoring Phase, and the Socio-Economic Mitigation Strategy. , 3.2 Construction and Development Phase 3.2.1 In general terms, the Port Granby Project as described in the draft EA Screening Report is the same as the Project that Council consented to in June 2006; specifically: ^ The low level radioactive waste (LLRW) and marginally contaminated soils (MCS) at the existing Port Granby Waste Management Facility (WMF) will be excavated and relocated to a new Long Term Waste Management Facility (LTWMF) north of Lakeshore Road and east of Elliott Road. ^ The LTWMF will consist of an above-ground engineered containment mound with a low permeability composite base liner system and a low permeability composite cover system. The mound will be approximately 10 ha in area and 8 m above grade. ^ Approximately 432,000 m3 of waste, with a 15% contingency, will be excavated and hauled by truck to the LTWMF on a new Inter-Site Route via a new Lakeshore Rd underpass. ^ Construction materials will be delivered by trucks on the primary access roads (south on Newtonville Road, east on Concession 1 and south on Elliott Road). Oversized equipment unable to use the Elliot Road corridor would be directed south on Newtonville Road to Lakeshore Road. Approximately 12,500 deliveries of construction materials would occur during the six years of construction and development. ^ Anew water treatment facility will be constructed north of Lakeshore Road to treat all contaminated liquids collected at both the LTWMF and the existing WMF prior to REPORT NO.: PSD-058-09 PAGE 4 discharge to Lake Ontario. This includes residual contaminated groundwater that will be collected in the East Gorge. ^ Various measures have been proposed to mitigate the effects of the Project on human health and the natural environment, such as dust suppression at both sites and along the Inter-Site Route. 3.3 Monitoring and Maintenance Phase 3.3.1 There are no significant differences between the Preferred Option and the draft EA Screening Report during the Monitoring and Maintenance Phase of the Project. 3.3.2 The LTWMF would be owned by the Government of Canada who would be responsible for its operation and stewardship. The facility would require consecutive licences from the CNSC throughout its service life, estimated at several hundred years. Environmental monitoring, inspection, repair and maintenance would be performed regularly to ensure that the pertormance objectives of the facility are maintained and to ensure compliance with CNSC licence conditions. These could include groundwater and surface water quality, air quality, leachate generation, and the functioning of the cover and base liner systems. The leachate collection system and the water treatment system will continue to operate, although the volume of leachate generated is expected to significantly decrease. 3.3.3 The existing WMF will be backfilled with uncontaminated soils once all of the ih-situ contaminated materials have been removed. Residual contaminated groundwater will be collected by the East Gorge Groundwater Collection System and pumped to the new water treatment facility prior to being discharged to Lake Ontario. Any decision to remove the collection system would require an assessment of the effects to the aquatic environment. 3.3.4 The actual end use of both the existing WMF and the LTWMF will be resolved during the licensing phase, although a passive recreational use is assumed for both sites. 3.4 Socio-Economic Mitioation 5trategy 3.4.1 The Draft Screening Report outlines a number of measures to mitigate the socio- economic impact of the Project. These measures are intended to address the impacts on many aspects of the community, such as agriculture, property values, visual landscape, school bus and agricultural traffic along transportation routes, and use and enjoyment of property. Attachment 2 outlines all of the measures proposed in the Draft Screening Report to mitigate the Socio-economic impacts of the Project, together with all of the other mitigative measures proposed in the Screening Report. 3.5 Residual Adverse Effects and Follow-Uo Program 3.5.1 The Draft Screening Report also discusses the residual adverse effects of the Project. These are the impacts that are predicted to remain after the implementation of REPORT NO.: PSD-058-09 PAGE 5 mitigation measures. Attachment 3 provides a list of predicted residual adverse effects, as well as an overview of those aspects of the environment where no residual adverse effects are predicted. 3.5.2 The RAs have concluded in the Draft Screening Report that the adverse residual effects related to the Port Granby Project will be minor, and that the Port Granby Project is not likely to cause significant adverse environmental effects. This determination of the significance of effects is based on the definition provided in the Canadian Environmental Assessment Act which looks at the magnitude, extent, duration, frequency and permanence of the effects. 3.5.3 The RAs also consider afollow-up program would be needed for the Port Granby Project and have identified the preliminary requirements for development of such a program. Specific elements of this program include: Atmospheric Environment ^ Verification of the-concentrations of particulate-bound metals. Groundwater Environment ^ Continued groundwater monitoring over the course of the project with additional monitoring at the Pre-Construction Phase to evaluate groundwater elevations in locations proximate to the LTWMF. ^ Groundwater monitoring will be undertaken at the existing WMF where impacts are anticipated. Monitoring would begin in the Pre-construction Phase to augment existing data at the site. ^ Measurements from monitoring wells and treatment ponds have been planned to monitor groundwater and drainage water quality at the LTWMF beyond the design life of the LTWMF. ^ Because of uncertainties in the assessment of surface water quality in the nearshore zone of Lake Ontario caused by site groundwater seeps, the concentrations of such releases will be verified. 4.0 GENERAL COMMENTS ON THE DRAFT EA SCREENING REPORT 4.1 The comments on the Draft Screening Report as presented by Staff and the Municipal Peer Review Team are intended to compare the Project as described in the draft Screening Report to the Preferred Option consented to by Council in June 2006, to strengthen the Screening Report by identifying areas where greater clarity could be provided, and to recommend further enhanced mitigation measures and follow-up programs and activities to further minimize the potential effects for the local community. REPORT NO.: PSD-058-09 PAGE 6 4.2 Staff and the Peer Review Team are satisfied that the draft Screening Report presents a thorough review of the Port Granby Project, and the Project as described is substantially the same as the Preferred Option. We agree with the majority of the analysis and conclusions presented in the Report, in particular that, with the appropriate mitigation measures and follow-up monitoring, the Project is not likely to cause significant widespread adverse environmental effects. 4.3 However, there are a number of areas where the Draft Screening Report could be strengthened, as follows: ^ The Report could have better acknowledged the various reports that will come forward in the Detailed Design Stage. These documents are important for a complete understanding of the environmental protection regime. ^ The mitigation measures and follow-up measures outlined in the Draft Screening Report tend to understate those agreed to in references in the EASR and as discussed by the LLRWMO and the Peer Review Team. ^ Some areas such as atmospheric emissions, (i.e. noise and dust mitigation) could be strengthened. ^ In many areas, the RAs rely on 'adaptive management', whereas impact avoidance would be the correct approach. 5.0 SPECIFIC COMMENTS ON THE DRAFT EA SCREENING REPORT 5.1 Improvements to Primary Access Route 5.1.1 The description of the Preferred Option consented to by Council indicates that the LLRWMO will upgrade the roads along the primary access route to the appropriate municipal standards to accommodate the truck traffic related to the Project. The draft EA Screening Report states that there will be "upgrades and repairs to roadways and intersections ...... to ensure that the transportation network would be suitable for the expected volume of project-related traffic. Speck elements would include: chipping and surface sealing of existing roads..". 5.1.2 Studies conducted by the LLRWMO through the EA concluded that Newtonville Road and Concession Road 1 are structurally deficient and are not capable of supporting current traffic loads or the increased traffic loads due to construction traffic. The analysis recommended that these roads be upgraded prior to the construction phase. 5.1.3 It is the position of the Municipality of Clarington that those sections of Newtonville Road and Concession Road 1 on the primary access route should be upgraded to appropriate municipal standards by the federal government as part of the Port Granby Project. The Municipality is concerned that chipping and surface sealing as proposed by the draft Screening Report will not be sufficient to accommodate Project-related truck traffic and that the road conditions will deteriorate even further. Poor road conditions on the NO.: PSD-058-09 PAGE 7 primary access route will also increase the noise impacts on adjacent residents from trucks traveling on these roads. 5.2 Prooertv Value Protection Program 5.2.1 The Draft Screening Report indicated that, as part of the socio-economic mitigation strategy, the Property Value Protection (PVP) program would continue to be implemented for the duration of the LTWMF Construction Phase and two years into the Maintenance and Monitoring Phase. However, the Preferred Option approved by Council included a provision that the PVP program be monitored with a view to extending it beyond two years after the completion of the LTWMF if the market demonstrates that project effects will last longer. 5.2.2 The termination of the program two years after the cessation. of construction activities assumes that impacts on property values are only related to the construction phase of the Port Granby Project. It is simply not possible at this stage to accurately predict when the stigma effects of the LTWMF on property values will cease. As such, the Draft Screening Report should be revised to indicate that the PVP program should be continued until monitoring of property values in the area indicates that the LTWMF no longer has an effect. 5.3 Mitigation Measures on Primary Access Route 5.3.1 Staff and the Peer Review Team have previously indicated to the LLRWMO that some mitigation measures should be implemented prior to the Construction Phase. Specifically, vegetative screening such as trees is required along the primary access route to mitigate the visual, noise and dust impacts of construction truck traffic on residents. We have suggested that any such vegetation should be planted as soon as possible prior to the start of the Construction Phase. 5.3.2 The provision of vegetative screening on the primary access route was not specifically detailed in the Preferred Option approved by Council, nor is it mentiohed in the Draft Screening Report as a proposed mitigative measure. However, the Municipality requests that the Screening Report be revised to specifically identify this vegetative screening as a mitigative measure, and provide for its implementation prior to the start of the Construction Phase. 5.4 Municipal Peer Review Team Comments 5.4.1 The Peer Review Team has made a number of specific comments on the Draft Screening Report. These are detailed in Attachment 5 to this Report, while their full report is provided in Attachment 6 (available for review in the Planning Services Department). The following is a summary of the Peer Review Team's comments: ^ The Draft Screening Report needs to stress avoidance measures not just monitoring measures. ^ The Screening Report requires a stronger water treatment recommendation. REPORT NO.: PSD-058-09 PAGE 8 ^ There needs to be a better understanding of end-use activities. ^ The Draft Screening Report needs to specifically address nuclear energy workers. ^ There needs to be a continual evaluation of the PVP program. ^ The definition of the lifespan of the geomembrane in the base liner of the LTWMF needs to be refined. ^ Ensure taking trucks off the roads during school bus pick up times. ^ Review plans for the monitoring of off site emissions. ^ Ensure that local residents are involved in the monitoring process. ^ There is too much reliance on adaptive management; therefore there is a need to utilize impact avoidance measures. ^ The Draft Screening Report comments need to be better informed by ongoing studies. ^ There need to be specific management plans for homes (i.e. dust, noise) along transportation routes. ^ The Draft Screening Report needs to address the crossing at the CNR line at Elliot Road in relation to truck traffic. 5.4.2 Staff have reviewed and concur with the detailed comments provided by the Peer Review Team. Some of their comments are similar in nature to mitigation measures proposed in the Draft Screening Report. However, this serves to emphasize the importance of these measures to mitigating the impact of the Project on the local community. 6.0 CONCLUSIONS 6.1 The draft Screening Report presents a thorough review of the Port Granby Project, and the Project as described is substantially the same as the Preferred Option. Staff and the Peer Review Team agree with the majority of the analysis and conclusions presented in the Report, in particular that, with the appropriate mitigation measures and follow-up monitoring, the Project is not likely to cause significant widespread adverse environmental effects. 6.2 The comments provided in this report are intended to ensure that the Project as approved by the federal government, including mitigation measures, is substantially the same as the Preferred Option consented to by Council. The comments are also intended to strengthen the Screening Report and suggest additional mitigation measures to further minimize the impact on the local community. 6.3 The RAs will review all comments submitted, make any revisions to the draft Screening Report that they deem necessary, and issue a final EA Screening Report. Under the provisions of the Legal Agreement, the parties to the Legal Agreement will have 60 days from the issuance of the final Screening Report to determine whether the Project as defined in the Screening Report is substantially the same as the Preferred Option, after which each party shall have a further 30 days to decide if it does not wish to proceed with the Project or an element of the Project. REPORT NO.: PSD-058-09 PAGE 9 6.4 Staff and the Peer Review Team will review the final Screening Report and. report back to Council with the results of this review and on-going discussions with area residents. This next step is expected to occur in Autumn 2009. Attachments Attachment 1 - Glossary of Terms Attachment 2A Map -Existing and Proposed Waste Management Facilities Attachment 2B Map -Transportation Access Routes Attachment 3 -Proposed Mitigative Measures Attachment 4 - Predicted Residual Effects Attachment 5 - Detailed Comments Municipal Peer Review Team Attachment 6 - Municipal Peer Review Team Report (under separate cover) List of interested parties to be advised of Council's decision Joanne Smith Joanne McNamara Christine Fahey Jane Lawrence Vito Binetti Brian Layng Wayne Boucher Rupert McNeill Ray Coakwell and Frances Brooks Lorri and Stuart Munro Walter Burman Tim and Laurel Nichols Rosemary Cooper Dora Nichols Marion and Stuart DeCoste Carole Owens Frederic DeSourdy Garfield Payne Robert Edgar James B. Robertson Mel Edwards Linda and Paul Ryerse Wilma Entwistle Sarwan Sahota Penny Ewington Ken Shrives Betty and Stephanie Formosa Barb and Dennis Spencer Paulette Gerber John Stephenson Lori Graham Brad and Penny Stripp Frank Hart Rob & Kim Studt Luanne Hill & Mike Mamonko Midori Tanabe Susan Kinmond Harvey Thompson Maria Kordas-Fraser Rosemary Tisnovsky Marc Landry Stan Tisnovsky Eric Leeuwner Julie Tutla Gerry Mahoney and Bonnie McFarlane Richard Walker Andrew McCreath Mary and Harry Worrall Bev Oda Attachment 1 To Report PSD-058-09 GLOSSARY OF TERMS CNSC Canadian Nuclear Safety Commission EA Environmental Assessment EASR Environmental Assessment Study Report LLRW Low Level Radioactive Waste LLRWMO Low Level Radioactive Waste Management Office LTWMF Long Term Waste Management Facility MCS Marginally Contaminated Soils NRCan Natural Resources Canada PVP Property Value Protection RA Responsible Authority WMF Waste Management Facility Attachment 2A To Report PSD-058-09 ST.~W REN~E A HUDSON RAILWAY ZONAL RAILWAY ANAOtAN NA~ C 0 0 ~ Proposed O a! Waste ~ ~ Management ~ Facility O O_ _ ~ U W Z Fencing During Construction ROP° ~ ~~SNOFtE rD D~ s e ~P Wa t ~ Management Facility Lake Ontario Existing and Proposed Waste Management Facilities Attachment 2B To Report PSD-058-09 Attachment 3 To Report PSD-058-09 PORT GRANBY PROJECT DRAFT EA SCREENING REPORT PROPOSED MITIGATION MEASURES HUMAN HEALTH AND SAFETY Non-Radiological Effects -Workers ^ Health and safety program, including level controls, etc. use of equipment (eg. dust mask), noise ^ Comprehensive job training program. ^ Routine and frequent site condition inspection, practices and procedure compliance audits. ^ Progressive discipline policy and process. ^ Comprehensive incident reporting, investigation, tracking and analysis. ^ Medical monitoring for workers in higher risk areas. Non-Radiological Effects -Members of the Public Mitigation measures would consist of, but are not limited to: ^ Evaluation of the appropriateness of mitigation measures to prevent or minimize the potential public exposure to the effluents in the portion of Lake Ontario that may be affected by treated effluent or bluff seepage, if needed. • Noise reduction measures. ^ Schedule activities with highest noise levels during the middle of the day. • Notify residents of the times and duration of activities that would result in noise levels above 6 dBA. • Appropriate safe design and construction of the road accessing ???? (words missing), accommodating farm access and vehicle, project related traffic. ^ Optimization of off-site trucking activities. • Orientation program focus on safety issues for truck drivers. • Continued and consistent protocols for delivering information and receiving input to/from residents in the Local and Regional Study Areas. Radiological Effects -Workers and Members of the Public ^ In accordance with a CNSC licence, the proponent would be required to develop a radiation protection program and to implement the principle of "As Low as Reasonably Achievable" (ALARA) for the consideration of radiological health of workers. As part of the program, the proponent would actively monitor radiation doses. SOCIO-ECONOMIC ENVIRONMENT Population and Economic Base ^ Enhanced liaison with local farmers aimed at keeping farm operators aware of Project works and activities, environmental monitoring results, peak traffic periods, potential road closures and access restrictions, through the use of such means as regular newsletters, special events notices, door-to-door notifications when required and direct communications with the site manager. ^ The creation and implementation of a business activity enhancement program aimed at maximizing local business opportunities and benefits of the Port Granby Project. Visual Setting ^ A landscaping and lighting plan aimed at minimizing the visibility of on-site activities at the LTWMF. Infrastructure ^ Continued implementation of the Property Value Protection program for the duration of the LTWMF Construction Phase and two years into the Maintenance and Monitoring Phase. Community Services ^ Liaison with recreational user groups of the Waterfront Trail and Elliott Road cycling, monitoring or naturalist groups aimed at keeping them aware of the Port Granby Project works and activities, environmental monitoring results, peak traffic periods, potential road closures and access restrictions. ^ Avoidance of project-related trucking during school pick-up/drop-off times along recommended transportation routes. Traffic and Transportation ^ Comply with half-load restrictions on applicable route; ^ Obtain approval from the Municipality of Clarington for the movement of wide or heavy loads; approvals should be obtained a minimum of one week prior to each occurrence. ^ Incorporate farm access and farm vehicle movement considerations into the detailed design to promote better accommodation of farm vehicle operations along the truck route. ^ Incorporate signalization, signage, pavement markings and traffic controls at Elliott Road underpass to ensure safe operations of trucks in the narrow underpass. • Implement traffic control measures to ensure safety during the construction and decommissioning of the underpass for the Inter-site road. ^ Provide signage for the underpass detour and any required stop controls. ^ Ensure at-grade rail crossing design incorporates wide lanes and shoulders, maintains sightlines, gate and rail crossing control devices to ensure safe operation of traffic at the crossing. ^ Incorporate contract clauses requiring all trucking contractors to demonstrate that vehicles are regularly maintained and drivers are licensed and trained to ensure safe operation of trucks. ^ Implement contract clauses to ensure trucks adhere to recommended transportation routes, impose financial penalties for non-compliance to ensure safe operation of trucks on local roads. ^ Implement an orientation program for truck drivers focused on safety issues along the transportation routes. ^ Optimize offsite trucking activities through development of delivery timing windows, use of convoys and material stockpiling to minimize disruption of local residents and road users. ^ Design and deliver a contingency plan for traffic movement on Lakeshore Road in the event of an accident involving LLRW 'to ensure appropriate emergency response. ^ Provide advance notifications to local residents of trucking activities, particularly for oversized loads. ^ Design and deliver a complaints reporting and resolution procedure specifically related to truck traffic. ^ Repair damage to local roads caused by project-related traffic. Residents and Communities ^ Implementation of a project communication program to keep residents appropriately informed of project activities. ^ Modification of the LLRWMO complaint resolution process established under the Legal Agreement to address environmental effects and issues that might be raised, on a case-by-case basis, using atwo-tiered system. ^ Development of site-specific nuisance effects management plans for noise, dust, odour and traffic management. ^ Communication with local residents to address loss of use and enjoyment of property, including targeted communications with newcomers aimed at keeping them informed of air quality and noise levels, environmental monitoring results, schedule of Port Granby Project works and activities, and where to call for answers to questions. ^ The implementation of mitigation measures, and an information program for affected neighbourhoods to address loss of use and enjoyment of property, including disclosure of monitoring, real-time reporting of noise and dust level monitoring results, site inspection privileges. ^ An end use for the LTWMF that would maximize the potential to address effects on community character. ^ The adoption of a "name" for the LTWMF that would not associate it with any community. ^ Complete removal and rehabilitation of the upgraded portions of Elliott Road to pre-Project conditions (to the extent possible). ^ Complete removal of the underpass at Lakeshore Road and rehabilitation of the areas affected by the underpass to pre-Project conditions (to the extent possible). • Requesting a CNSC licence condition that provides explicit assurances that the LTWMF and existing WMF cannot be used for any purpose other than the long term management of a specific volume of historic LLRW from the Municipality of Clarington to address effects on community character. Heritage Resources ^ The proponent would conduct Stage 1 and/or 2 Assessments for the newly acquired or designated properties on which project-related development would occur. ^ The LLRWMO will implement a heavy machinery operator awareness program regarding the identification and management of archaeological artefacts. The program will be delivered by a licensed archaeologist and/or other local experts. • If buried heritage resources were encountered, work would be immediately suspended and the Ontario Ministry of Culture contacted. Work would only resume with concurrence from the Ministry. ^ If human remains were encountered, work would be immediately suspended and the Registrar or Deputy Registrar of the Cemeteries Regulation Section of the Ontario Ministry of Consumer and Business Services would be contacted. The archaeology unit and the local police would also be contacted to determine whether the remains were prehistoric, historic, or modern and the circumstances under which they were interred. Work would only resume with the concurrence from the appropriate authorities. ATMOSPHERIC ENVIRONMENT Dust Control ^ Minimizing work areas containing contamination. ^ Applying dust suppressants. ^ Covering exposed areas and stockpiles. • Ceasing activities under high wind concentrations. ^ Revegetation and management of LTWMF cells and excavation areas as soon as practicable. • Watering of unpaved roads and excavation areas. • Vacuum sweeping and water flushing of paved roads as needed. ^ Preparation of a dust management plan as part of the Detailed Design Phase to ensure mitigation is sufficient and requirements are met. Noise Control • All construction equipment would comply with the emission standards outlined in NPC - 115 of the Ontario Model Municipal Noise Control By-law. ^ All construction activities would be limited to the daylight hours and will therefore, vary according to the time of the year. • Trucks and other heavy equipment would be equipped with properly-functioning mufflers and tailgate banging would be avoided at activity sites. ^ Empty dump trucks would reduce their speed at construction sites and local roads to avoid excessive cargo box and tray noise. • Construction hoarding (ie. fencing around sites) would be erected where practical Radon and Particulate Radioactivity ^ Covering stockpiles and exposed areas overnight and on weekends using foam agents, geotextiles or other appropriate materials. ^ The application of dust suppressants (including water and possibly chemical suppressants). ^ Possible cessation of activities under high wind conditions. ^ Minimization of the working area containing contaminated materials. ^ The re-vegetation of completed cells and excavated areas as soon as possible. GEOLOGY AND GROUNDWATER ENVIRONMENT Soil Quality • Efficient watering of unpaved roads and excavation areas, and vacuum sweeping and water flushing of paved roads to prevent the accumulation of airborne contaminants on surface soil during construction. Groundwater Quality • Groundwater quality at the LTWMF will be protected through the collection and treatment of leachate. Groundwater contamination will be reduced at the existing WMF with the removal of the waste and contaminated soils. Residual contaminated groundwater will continue to be collected and treated until monitoring determines that the groundwater can be discharged directly to Lake Ontario. AQUATIC ENVIRONMENT Surface Water Quality Treatment of contaminated water at the new water treatment facility will significantly reduce the contaminant loadings from current treated effluent discharges to the lake relative to baseline conditions, and improve lake water quality near the existing discharge point. A site-specific risk assessment including toxicity testing of the existing sediments would assist in indicating the level of remediation, if any, that is required along the Lake Ontario shoreline. If remediation activities are warranted for increased arsenic and uranium levels, the prompt removal of excavation water after rainfall events may be required to minimize the time the water is in contact with the waste. A transportation plan detailing a quick spill response would be in place to address unexplained or unplanned events. Any fuel oil spilled to the creek will be cleaned by high pressure washing of cobble and gravel if necessary to remove residual product, thus allowing benthic invertebrates, fish and aquatic plant communities to re-establish. TERRESTRIAL ENVIRONMENT Vegetation Communities Relocation of the LTWMF stormwater management pond out of the cultural thicket into an agricultural field, given that the agricultural field is of lower ecological importance than the cultural thicket. Development of asite-specific Landscape Plan by a qualified landscape architect or biologist for terrestrial environment rehabilitation at each work site. The plans would consider site-specific plantings with input from the local Conservation Authority and the Municipality and provide for adequate input regarding community needs and preferences. Development of new vegetation communities at the LTWMF site rather than simply re-creating pre-construction conditions, Any such plans would be subject to CNSC licence requirements and the proposed end use identified for the site. • Development of a Protection and Rehabilitation Plan for the fen vegetation near the East Gorge. Prior to finalizing the remediation needs for this area, a survey of the fen should be conducted to identify the extent of the vegetation community. All reasonable efforts should be undertaken to preserve as much of the fen vegetation as possible, This could include removing and re-introducing soil plugs containing plant specimens together with their root systems to the excavated site as part of the site rehabilitation and re-vegetation. Wildlife Habitat and Wildlife Communities • Vegetation clearing should not take place in migratory bird habitat during the breeding season (March 30~h to July 23`x). ^ If work must be conducted within breeding bird habitat during the identified breeding season for migratory birds, a nest survey would be conducted by a qualified avian biologist immediately prior to the commencement of the work to identify and locate active nests of species covered by the Migratory Birds Convention Act. A mitigation plan would need to be developed to address any potential impacts on migratory birds or their active nests, and forwarded for review to Environment Canada -Ontario Region prior to implementation. ^ Features would be incorporated in the site-specific Rehabilitation Plan to re- establish the structural habitat qualities and variability of site conditions. Attachment 4 To Report PSD-058-09 PORT GRANBY PROJECT DRAFT EA SCREENING REPORT ANTICIPATED RESIDUAL EFFECTS HUMAN HEALTH AND SAFETY Non-Radiological Effects -Workers ^ No residual adverse effects on non-radiological worker health and safety are predicted. Non-Radiological Effects -Members of the Public Some residual adverse effects are predicted; however, these are not likely to be significant. Air Quality ^ Although there will be measurable changes in dust levels at all area and adjacent resident locations, all 24-hour average concentrations of PM2,5 and PM,o will be below established criteria. ^ Measurable changes in CO, NOZ and SOZ were predicted, but no exceedences of established ambient air quality criteria for any of the parameters at any resident location are expected. ^ No unacceptable health risks would occur as a result of the project works and activities. Non-Radiological COPC ^ The construction and operation of the new water treatment facility was identified as having the potential to influence human health. The potential change in health is attributed to the potential for exposure to Contaminants of Priority Concern (COPCs) within the treated effluent plume in Lake Ontario during construction and development as well as early life maintenance and monitoring. ^ A human health risk assessment was undertaken that considered all environmental media where potential exposure existed. The conclusion of the risk assessment was that any incremental risks associated with the Project would .not pose an unreasonable risk to human health. General Welht3eing • Public attitude research indicates that 11% to 17% of survey residents stated that their feelings of health and sense of well-being would decrease somewhat or a great deal. Radiological Effects -Workers No residual adverse effects were predicted for the radiological health of workers. In applying the ALARA principle, it is expected that the annual radiation dose for workers can be reduced to below 10% of the CNSC dose limit averaged over any five-year period of construction and development. Radiological Effects -Members of the Public ^ No residual adverse effects were predicted for the radiological health of members of the public. During the Construction and Development Phase, the annual radiation dose predicted to be received by adult members of the public in all scenarios (ie. dietary intake, adjacency, special cases -vegetarian and home gardening, Lake Ontario swimmer, fenceline observer, country foods diet) are not measurable. The estimated total annual doses from all natural sources in combination with the Port Granby project for adults, children and infants are below the national averages of for these age groups. During the Maintenance and Monitoring Phase, no interactions were identified between members of the public and maintenance and monitoring activities, including postulated malfunctions and accidents. For special case scenarios (ie Lake Ontario swimmer, fenceline observer, country foods diet, casual hiker), all estimated doses were either below existing conditions, not measurable and/or below Provincial Water Quality Objectives. SOCIO-ECONOMIC ENVIRONMENT Population and Economic Base • Relocation of one tenant farmer (on the site of the LTWMF). Increased potential for out-migration of residents living in the Port Granby area prior to and during the Construction and Development Phase. ^ Disruption to farm operations within the zones of influence and along transportation routes. Visual Setting Changes in the quality of existing views within the LTWMF view shed during the Construction and Development Phase and the Maintenance and Monitoring Phase. Infrastructure ^ Reduced residential property values during the Construction Phase in the order of 2% to 8% within the likely zone of influence for the LTWMF and along transportation routes. Lower property values near the LTWMF may extend into the Maintenance and Monitoring Phase. ^ Increased turnover of residential properties within the likely zone of influence for the LTWMF during the Construction and. Development Phase. Increased turnover of properties may also be experienced during the Maintenance and Monitoring Phase. • Increased difficulties in marketing properties resulting in greater number of days on the market during the Construction and Development Phase which may extend into the Maintenance and Monitoring Phase. Community Services ^ Disruption of local community and passive recreational activities undertaken within the likely zone of influence for the Port Granby LTWMF, or along transportation routes during the Construction and Development Phase. Traffic and Transportation • Disruption to some road .users, pedestrians and non-motorized traffic along the recommended transportation routes and local roads due to perceived hazards, detours and road closures. Community Character ^ Changes in the use of property and reduced enjoyment of property among some residents living within the likely zone of influence for the Port Granby LTWMF, existing WMF and along transportation routes during the Construction and Development Phase. • Adverse changes to community character or image of the rural areas nearest the LTWMF during the Construction and Development Phase. Heritage Resources • No likely residual effects on heritage resources are predicted as a result of the Project. ATMOSPHERIC ENVIRONMENT Dust ^ Residual dust. impacts are not considered likely to occur. Occasional slight exceedences of the Canada-wide standard for PM2,5 particulate emissions (30 micrograms/m3) may occur along the very edge of the existing WMF property boundary. Noise ^ There will be localized increases to existing ambient noise levels during the Construction and Development Phase in close proximity to the Port Granby sites. Taking into account the proposed mitigation measures, nuisance effects associated with noise are predicted for some residents. These noise effects would not be any different than any other construction activity. Best management practices will minimize, as much as possible, these potential effects. ^ Monitoring of actual noise levels related to the Project would be undertaken at receptors near the Site Study Area. Monitoring will verify that mitigation measures have been implemented and are effective. Radon and Particulate Radioactivity ^ Residual adverse effects on radiological air quality are not considered likely to occur. GEOLOGY AND GROUNDWATER ENVIRONMENT Non-Radiological Soil Quality The predicted concentrations of arsenic and other non-radiological soils at the LTWMF site perimeter are not considered measurable in terms of baseline conditions. Groundwater - LTWMF During construction of the LTWMF, there would likely be no measurable changes in the quality or quantity of groundwater and drainage water. Leachate and precipitation that contacts the waste will be collected and treated, while unaffected runoff would be directed to storm water management ponds for ultimate discharge to Port Granby Creek. In the long term, no adverse environmental effects to groundwater and drainage water quality, quantity and flow are anticipated as the result of the Project. The mound cover and baseliner, together with the leachate collection system, are expected to effectively protect groundwater for several hundred years. Groundwater-Existing WMF Once the LLRW and MCS have been removed, residual groundwater is expected to flow and flush out the system, resulting in improved groundwater quality as time passes. AQUATIC ENVIRONMENT No residual adverse effects on sediment quality, fish communities and habitats and benthic invertebrates or aquatic plant communities are predicted to occur as the result of the Project. TERRESTRIAL ENVIRONMENT No residual adverse effects on vegetation communities, wildlife habitat and wildlife communities are anticipated as a result of the Project. CUMULATIVE EFFECTS OF OTHER PROJECTS Non-Radiological Effects Air Quaiity • It is unlikely that a cumulative effect of the Port Granby and Port Hope Projects on non-radiological air quality would be measurable. Any cumulative dust effects from local construction activities are short-term in nature and would largely be expected to affect only receptors immediately adjacent to activities. • Good management procedures will ensure any effects and therefore any cumulative effects are minimized. No residual effects are expected. Noise • Noise associated with local construction activities would only be cumulative if they were located within a few hundred metres of each other. These activities are of short duration and would largely be expected to affect only receptors immediately adjacent to the activity. ^ Good management procedures will ensure any effects and therefore any cumulative effects are minimized. No residual effects are expected. Socio-Economic Environment ^ Any cumulative effects resulting from other projects would likely not be of sufficient magnitude to change the fundamental nature of the socio-economic effects assessed or cause new types of effects. Health and Safety ^ A residual cumulative adverse effect identified was the increased stress and adverse effects to health and general well-being resulting from negative changes to people's feelings of health and sense of well-being, feelings of personal security and feelings of satisfaction with living in the community. ^ This adverse cumulative effect would be most evident in people living close to the LTWMF or when residents think about living near a facility that handles nuclear fuels. This effect may diminish over time if good communication and public involvement are provided and a positive environmental and safety record is maintained for the Port Granby Project. Radiological Effects ^ There are several projects which overlap in time with the Port Granby project and have the potential for radioactive emissions which might contribute to radiation exposures in the Regional Study Area. However, there would not be measurable cumulative effects on radiological air quality (radon concentrations and radiological constituents associated with re-suspended dust). Attachment 5 To Report PSD-058-09 PORT GRANBY PROJECT DRAFT EA SCREENING REPORT MUNCIPAL PEER REVIEW TEAM COMMENTS The following sections are the Municipal Peer Review Team's comments that relate to specific sections in the Draft Screening Report. A. Description of the Existing Environment and Environmental Effects The EASR examines effects of the Project on the biophysical and human environment. The Draft Screening Report addresses the existing, or baseline, environmental conditions in the area surrounding and encompassing the current and proposed waste management facility. In doing so, the Screening Report provides an accurate account of the baseline conditions for the Port Granby Study Area. However, there are a few minor areas where the description can be improved. Page 17 Uranium needs to be added to the list of contaminants of greatest concern to be consistent with the second sentence in this paragraph that discusses uranium. Page 52 In the community profile, there is not a specific description of the Port Granby community or its residents. It is important to evaluate the Project against the backdrop of residents and businesses who have the greatest need to ensure the Project management is sound. Port Granby should be defined as at the very least, the Port Granby settlement (of multiple homes/ businesses) to/and or within the local study area. Page 71 The following effects on vegetation should be described fully in the Draft Screening Report, and the following effects be more closely examined: • The relocation of the LTWMF stormwater management pond; New vegetative communities at the LTWMF, not just farm fields need to be better analysed (e.g. the fen near east gorge); and A landscape management plan for the LTWMF be enacted as an end use and requires community and municipal input. Furthermore, end use planning is not well acknowledged in the Draft Screening Report. In contrast, all parties have spent considerable time and money identifying a preferred end use. B. Atmospheric Environment and Effects The atmospheric environment consists of non-radiological air quality, radiological air quality, and noise. As part of the assessment, the Draft Screening Report also discusses climate and meteorology and their effects on the Project. Overall, the report provides a reasonable overview summary of the air quality aspects, mitigation and monitoring developed for the Port Granby project. However, there are a few minor areas where the description can be improved. The Peer Review Team is concerned about the use of 'adaptive management' and monitoring as the dominant waste excavation guideline. This approach leads to accepting average exposure levels as opposed to an emphasis on avoiding exposure incidents. Monitoring to .see if radiological contaminants have left the site is useful after excavation has occurred but is an unacceptable method to be used while the excavation is undervvay. The Peer Review Team recommends impact avoidance as the rule governing the excavation. From this perspective, dust would be measured and minimized at the excavation site. Measuring for fugitive dust at the fence line involves acceptance of greater risk then necessary. Furthermore, monitoring to see if dust has exceeded the site fence line is inadequate as a method of measuring whether construction practices are sound. Throughout the report there is discussion of needing a good Dust Management Plan to ensure that there are no off-site impacts due to fugitive dust emissions. It is stated that the plan will be developed as part of the Detailed Design Phase. We accept this, but will continue to point out that the details of that plan are extremely important and are the key to ensuring off-site impacts are minimized. All aspects of the plan, including specifics on mitigation, monitoring (including real-time), complaint response, corrective actions and record keeping will be very important. We recommend that the Draft Screening Report strengthen recommendations to develop a Dust Management Plan that controls dust at the source rather than at the Project fence line. Additionally, the plan needs to consider whether dedicated trucks (e.g. watering trucks) are needed for the waste areas and the haul route between sites. Given the importance of mitigation in avoiding impacts, especially those that arise from dust, there needs to be a more explicit discussion of the requirements for proper mitigation plans in the Screening Report. In principle, particulate matter should not be leaving the site boundary at any time. Page 60 The report cites a `conservative approach' in terms of the worst month scenario being averaged over the course of a year. However, it is not a conservative approach when you take into account, for example, that wind born thorium should not leave the site boundary over the course of a year. In relation to other atmospheric emissions, no excedences are anticipated. Page 62 Under particulate discussions, in the end of the paragraph, it is stated that National Institute of Health and Safety (NIOSH) standards will be met. These are occupational standards. The previous discussions between the Peer Review Team and the LLRWMO about the management of particulates pertained to ambient air quality for public exposure. The NIOSH statement seems out of place; or at least warrants some further discussion and context (in a separate paragraph). If it is the intent to discuss occupational levels in this section, then similar discussions are warranted for conventional air contaminants and for metals. Page 64 The discussion of particulate bound radionuclides indicates that this will be monitoring by PM~o samplers. Typically metals and other particulate bound contaminants are done by TSP (total suspended particulate), not PM~o. The approach to measuring these contaminants needs to be reassessed. Pages 65 and 67 The discussion of soil impacts of metals and radionuclides indicates that there are no predicted impacts. On page 67, verification is considered through a 'robust sampling design'. This is not defined. We agree that soil sampling after completion of the cleanup should be undertaken to verify that no off-site dispersion of contaminants have occurred. The `robust' sampling is not discussed in Section 12: Follow-Up Program and should be. The rule should be no 'contamination of residential properties'. Pages 62 and 63 This section states that there may be a cessation. of activities during high wind conditions. We find the conclusions of the Draft Screening Report on dust to be weak. The Peer Review Team recommends that high wind scenarios should be anticipated through an onsite meteorological station, and all excavation activities should not be initiated if high winds are anticipated. Furthermore, this recommendation needs to be part of the Dust Management Plan as part of the Detailed Design Phase. Page 83 There are in depth studies on the potential noise impacts from the project in the EASR that indicate some of the concerns with noise affecting the local community. The areas where noise will be significantly higher than ambient noise levels and potential effects to noise receptors should be specifically noted in the Draft Screening Report. The report indicates that there is a 6d6 noise increase at a locator in the study area, a 12dB along the road, 15d6 at the intersection, which are all significant increases that will affect the local community. Better methods of reducing noise should be recommended in the Draft Screening Report. Methods of mitigating noise impacts for residents, particularly along the haul route should be required. These methods should include hedges, noise abatement windows, fencing and air conditioning. C. Geology and Groundwater Environment The Geology and Groundwater Environment for the Port Granby Project consists of the physical characteristics associated with the site and the surrounding study areas. These characteristics are geology, physiography, topography, stratigraphy, and seismicity. The baseline study also examined non-radiological qualities associated with groundwater flow, and the radiological and non-radiological qualities of groundwater quality, drainage water quality, and soil quality. Page 42 It is noted that there are no actively-used private water wells in the site study area. The potential for future use of the ground water resource in the area should be noted. There may be future development in the area which relies on the ground water resource for water supply. Section 9.3 a), paragraph 3, indicates "previous soil samples indicated surficial soils exceeded MOE soil quality criteria for arsenic, cobalt, copper, nickel, lead, and antimony in the wastes and mixed soils". This statement is confusing. It seems to indicate that surface soils exceed the MOE quality criteria for these metals. It should clearly indicate that there are no natural exceedances for metals in the area, however the wastes and mixed soils associated with the current waste disposal site exceed these standards. A statement should be added that the exceedances of boron are naturally occurring and not related to waste disposal. Additionally, the text of this section (g.3) of the report does not clearly convey the location and nature of exceedences of the soil quality standards for each of the areas discussed (site study area, regional study area, local study area). Furthermore, it is difficult to determine if the exceedances are related to the waste materials in the current landfill, former waste disposal practices, or natural exceedances of various parameters which occur as a result of ambient conditions. This should be clarified. Page 43 The report notes that all ground water ultimately discharges into Lake Ontario. Locally, ground water discharges into creeks (surface water) and does not discharge into Lake Ontario. Also, it is difficult to understand the relevance of the information presented in this section. Ground water hardness is a naturally occurring phenomenon and is generally not relevant to the discussion. The source and nature of the high sodium and chloride concentrations noted in the site study area should be explained. Similarly, the source and nature of "other exceedances of Ontario Drinking Water Standards (ODWS) Guidelines" in wells at the northwestern edge of the burial area should be explained. The discussion of drainage water quality is unclear. Does this refer to drainage water quality in the local, regional, or site study area? The report notes that the water contained within the ditches does not support aquatic resources. However, it is important to note that the ditches ultimately drain into surface water features (such as the creek or Lake Ontario) which do support significant aquatic resources. The nature and source of the exceedances of Provincial Water Quality Objectives (PWOO) criteria should be noted. Are they related to the existing Waste Management Facility site, or ambient natural conditions? Paragraph 3 of'Radiological Drainage Water Quality' is not clear. It indicates surtace water samples were collected and analysed for uranium. The. subsequent sentence indicates there was insufficient flow to collect samples for radionuclide analysis. Our recollection is that samples have been collected at the seeps and analysed for the full suite of radionuclides. Pages 66 and 67 No issues have been raised about ground water flow and flushing. These issues came up in the Water Treatment Memo and at a minimum, should be acknowledged in the Draft Screening Report. In addition, while the Screening report is still tentative on the water treatment technique, there is reference to the ion exchange method. Given the extent of the study of water treatment methods after the EASR was submitted, some reference to these reports and their conclusions would have been expected (e.g. EASR -Appendix G, the Water treatment Memo and the EASR - Addendum Review). Page 66 The intent of the first sentence in paragraph 4 is not clear. It indicates the biggest impact on water quality improvement is expected to occur during the early life of the LTWMF. Are the RAs referring to clean-up of the existing facility, or construction of the new facility? We are not aware there was any water quality improvement associated with construction of the new LTWMF. Also, it is indicated that Contaminants of Potential Concern (COPC) concentrations are expected to decline due to flushing of contaminants from the aquifer. It should be noted that this flushing is related to the existing facility and not the new facility. It should also be noted that this flushing, while beneficial, will occur over a very long period of time. It is stated that quantity and quality of ground water discharge into Port Granby Creek during construction of the LTWMF is predicted to remain approximately the same as baseline conditions. We disagree with this conclusion, as we have stated in our previous review of the EASR document. The purpose of the ground water monitoring program should be clearly stated. Any .potential change in ground water elevations must then be used to assess potential changes to base flow and impact to aquatic resources in the Port Granby Creek. Page 67 It is stated in the 'Existing Waste Management Facility', paragraph 2 that a placement of a 1 m thick soil cover will provide separation and reduce surtace infiltration and the residually contaminated soils. This may not necessarily be a benefit as is stated. This will serve to reduce the rate of flushing of contaminants. Further explanations should be provided regarding the nature of the ground water monitoring at the existing WMF. As we have stated in previous reviews, there is generally insufficient information available to characterize the ground water impacts at the existing site. Further, site characterization must be undertaken before designing a monitoring program for the site. Also, it should be clearly stated that there will be a comprehensive ground water monitoring program put in place. Based on the ground water monitoring program, the appropriate contingencies can be implemented. Page 68 It is stated in 'Radiological Ground Water and Drainage Water Quality', paragraph 2 that no mitigation measures are required. To be clear, no mitigation measures are required based on the current analysis. However, it should be clarified that there will be a monitoring program to assess potential impacts and, in the event that there are impacts, appropriate mitigation measures are available and can be implemented. Page 93 The complete deterioration of the geomembrane liner at the base of the mound is assumed by the RAs for the year 2150 (pg 93). Why is it assumed that the geomembrane will not remain intact over time? This assumption in the Draft Screening Report is less robust than was proposed in the EASR and subsequent reports from LLRWMO consultants. If the assumption in the Draft Screening Report prevails, stronger recommendations about mid-term repairs and remediation should be required as a condition of approval. D. Terrestrial and Aquatic Environment For the purpose of the Port Granby Project, the Terrestrial and Aquatic Environment consists of vegetation communities and species, wildlife habitats, wildlife communities, and radioactivity in the terrestrial environment. The Aquatic Environment includes a number of components associated with watercourses and Lake Ontario. The Peer Review Team believes, in relation to our previous comments from the Port Granby EASR (March, 2005), that the Draft Screening Report's coverage of issues and adverse effects pertaining to the terrestrial and aquatic environment have been adequately addressed. Page 72 The Migratory Birds Convention Act (MBCA) is mentioned as directing Project activities to address/mitigate breeding bird habitat. However, .the Screening report should specify that bird habitat will be preserved in addition to upholding the tenets of the MBCA. E. Socio-Economic Environment and Effects The socio-economic baseline is characterized in terms of its population and economic base, land use and visual settings, community infrastructure, community services, traffic and transportation, .municipal finance and administration, residents and communities, archaeology and cultural heritage resources, and Aboriginal interests. Socio-economic effects are of particular importance to the residents of Port Granby, the Municipality of Clarington and the Peer Review Team. For example, it is important to ascertain how noise and dust will affect the local community. Overall, the Peer Review Team finds the information provided in the socio-economic baseline information to be comprehensive and thorough. However, there are areas in this section of the Draft Screening Report that could be defined in greater depth with stronger recommendations. Given the number of minor adverse effects resulting from the project, we suggest a more explicit and thorough description of the identified mitigation strategies. The RAs have limited their consideration of socio-economic effects to the definition under the Canadian Environmental Assessment Act. Nationally, the Act continues to receive criticism on this overly narrow definition. A body of research has been completed in the EASR and in supporting documents for the Port Hope and Port Granby Project regarding socio-economic effects and mitigation measures. The Peer Review Team recommends that the measures in the EASR be highlighted to follow up on action items in the Screening Report. Examples of mitigation measures include the implementation of initiatives to avoid and reduce real and perceived socio-economic effects from the Project, and the implementation of measures to address the residual lose of use and enjoyment of properties nearest to the facility. Additionally, new residents should be informed about the Project, and a procedure should be implemented so that complaints regarding truck traffic in the area can be reported and resolved. Residents should also have a role in monitoring and reporting. The measures recommended by the Peer Review Team are set out in Appendix A - 'Overview of Mitigation Measures'. These measures should be considered in the Draft Screening Report. Furthermore, the Peer Review Team suggests a more explicit description of the mitigation measures than are currently reported in the Draft Screening Report. This should include specific programs that will be used to address the identified adverse socio-economic effects of the project such as the business activity enhancement program as mentioned in the Draft Screening Report (page 74). Throughout the document there is mention of specific activities that should be undertaken over the course of the Project's lifespan. For example, a description of end use activities are referred to as being required (page 24). Yet, discussions of end use activities are currently underway with the formation of the `End Use Committee' that is made up of local community members, Municipality of Clarington Staff and the LLRWMO Staff. The Screening Report should reference the program planning for end use and require recommendations to be implemented. Public oversight and community engagement will be an important contributor to the success of the Project. In contrast to work completed by the LLRWMO, Municipality and local residents, this critical component of project management is overlooked in the Draft Screening Report. The Peer Review Team recommends that the Screening Report specify requirements for: • Designated community members to be given responsibility for community liaison; • Ongoing consultation and communication mechanisms; and • The role of citizen liaison .groups in ensuring monitoring and mitigation measures are sound. Tourism (page 74) The examination of effects on business in the Port Granby area has overlooked tourism-based businesses. There also needs to be an emphasis on providing opportunities for local and farm-based businesses when the site has been restored. Housing and Property Values (Page 75) The Property Value Protection (PVP) program has been implemented and has had its successes. LLRWMO documents defining the PVP Program should be cited. In addition, the Screening Report should require continuous improvements to the PVP Program over time. For example, the Draft Screening Report states that there will be reduced residential property values and increased difficulties in marketing properties due to the project, yet an increased amount of turnover of residential properties is expected. However, the PVP Program should evolve to avoid this problem. Traffic and Transportation It is estimated that there will be the movement of 12,500 truck trips (pg 23) in the Study Area per day during specific periods of the construction phase. The Draft Screening Report acknowledges that the project will be potentially disruptive to the local community. Mitigative measures need to be strengthened to minimise and mitigate effects during the construction phase. Because there will be disruption to road uses, pedestrians and non-motorized vehicle traffic along the recommended traffic route (page 77), there needs to be a provision to notify trucks and have a contract with trucking firms regarding school pick-up/drop off times in the Draft Screening Report list of mitigative measures (See Appendix A for examples). The Screening Report should specify that trucks should cease activity during morning pickups and after school drop offs for local school children. Also, the potential impacts of a large number of trucks crossing the CNR track level crossing on Elliot Road is under-assessed in the Draft Screening Report. Signalized gates should be installed. F. Environmental Health and Safety Human health and safety is being examined as part of the Draft Screening Report because the activities that comprise site preparation, construction and operation of the Port Granby Project have the potential to affect people. The Draft Screening Report reviews the radiological health of workers, radiological health of members of the public, conventional occupational health and safety, and conventional health and well-being of members of the public. Overall, the Peer Review Team accepts the RA's conclusions about the environmental health and safety effects as provided in the Draft Screening Report. However, there are a few instances where greater clarity should be given. Although the As Low As Reasonably Achievable (ALARA) principle is mentioned in the Screening Report, there is no section that specifically address its implications when used as a principle for mitigation measures (as proposed in the report). The use of the ALARA principle needs to be strengthened as a critical component of design and operations. Page 84 No radiological effects for members of the public are assumed in the Report. The Peer Review Team agrees with the RA's that public health will not be affected by the Port Granby Project. Some wording in the Draft Screening Report is unclear. In Section 10.8(b), subsection on Workers, the text states "within 20 percent of the CNSC dose limit ..." which seems to be confusing terminology. Within 20 percent could mean at the 80 percent level because that is within 20 percent of the limit. Does the text mean less than 20 percent? Two paragraphs below this text, the terminology is "below 10 percent ..." Consistent terminology that is clear should be used. Please note that there are several places in the document, where the terminology "within xx percent" is used. Page 87 In regards to radiological health and safety, the text states that within 2 km of the LTWMF, the concentrations of radon would be indistinguishable from background, and simultaneously, radiological constituents in re-suspended dust are not measurable beyond the 2 km zone. From this information, the text concludes "there would not be measurable cumulative effects on radiological air quality." These statements seem to negate one another and imply that within the 2 km zone, the concentration would be above background and measurable for radon and re- suspended dust, respectively. If any of the health receptor locations are within 2 km, then there would be cumulative effects that should be addressed. To clear this matter up, the conclusion discussion should instead, compare the predicted radon and radionuclide concentrations to the radon reference level. It should be noted that based on the results given in the Port Granby EASR section on Atmospheric Environment Environmental Effects Assessment Report (pg5), Section 3.3.3, at all of the health receptor locations, the predicted radon concentrations are well below the reference level, and the maximum predicted radionuclide levels are well below Health Canada reference values, thereby indicating the dose impacts to the public via these exposure pathways would be insignificant. Page 87 The EASR considered the effects of the Project on a nuclear energy worker living in the local study area, but the same considerations are not found in the Draft Screening Report. G. Recommended Follow-Up Program The Draft Screening Report includes a description of a Follow-Up Program of comprehensive and long-term environmental monitoring to ensure that the pertormance and operational requirements of the LTWMF are met. In general, the Peer Review Team supports the need for aFollow-Up Program. However, we feel that more detail on the follow-up program is required to provide assurance that specific areas where adverse effects have been identified will be undertaken in partnership with the Municipality. The Peer Review Team would like the Draft Screening Report to provide a commitment from the PHAI Transition Project Team that atmospheric monitoring will occur in real-time, and there will be explicit operational changes where conditions are not as predicted. The Follow-Up section proposed monitoring for the minor predicted exceedences of PMZ,S at the fence-line during construction. This is not adequate. Other emissions (PM~o, metals, radionuclides etc) were modelled to show lower impacts, however these lower impacts were based on very careful mitigation plans. As such, monitoring of all key contaminants (PM~o, metals, radionuclides etc) is warranted to demonstrate that the mitigation measures were implemented successfully and no impacts occur. As noted above, this should also include soil measurements and should be closely linked to the Dust Management Plan. The LLRWMO had agreed previously to a commitment to use newer low emission off- road equipment where practical. This commitment or mitigation recommendation is not found in the Draft Screening Report. Page 112 It is paramount for the PHAI Transition Team and the RA's to confirm and adopt the Follow-Up Program before the issuance of a license. The program should be incorporated into the facility license. Additional consultation is required. Page 113 The Follow-Up Program states that an adaptive management approach will be utilized for monitoring the site. As stated earlier, the use of the term 'adaptive management' infers that changes will be made accordingly to the problems that will arise in the future during the management and monitoring phase. Adaptive management is reactive whereas many potential Project effects need to be managed in a proactive manner. Without further description, an adaptive management approach can be vague, thus a more detailed description of what adaptive management means for the Port Granby Project is required. Also, there is no specific mention of how uncertainty should be dealt with by the LLRWMO and how the Follow-Up Program will be adapted to varied circumstances. For example, if adaptive management is utilized when resource managers are confronted with uncertainty when designing management strategies, they may accept more risk than an 'impact avoidance' strategy. Page 115 Mitigation Measures, item 4 (placing wind fencing around exposed stockpiles) -this mitigation measure is not listed in the text on page 64, section 10.2(b). In addition, the concept of mulching in item 6 is not discussed in the text on page 64. A detailed description of the placement of wind fences and the role of mulching is required in the earlier sections of the report. Page 122 The follow-up program states that there is a need to `monitor radiation doses to confirm accuracy of predictions' for members of the public. How is this accomplished? Will this require random sampling of community members? The Draft Screening Report should include a description of how radiation will be monitored in the follow up program. Appropriate measures for identifying when further studies on local dose rates are required should also be described. The Peer Review Team stresses that the prime goal of the Project is to make sure that there are no increased radiation doses among members of the public Page 123 Table 12.2 for the Follow-Up Program notes that, as a socio-economic residual effect after mitigation, there may be a voluntary out migration of residents from the locality. A successful siting process entails that a facility makes the community better off with the facility than before its construction. Thus, the `hollowing out' of a community as a result of people leaving is not beneficial to the overall community well being. Further demonstration is needed to improve monitoring and mitigation measures for local residents (see Appendix A for mitigation measures). The report also mentions that a random sample of residents should occur as a method of implementing a public attitude survey. In the past when such surveys have been taken by the LLRWMO and their consultants, residents who have not been contacted have requested their opinion be included in the survey. An over sampling of all households in the Port Granby Study Area would address these concerns about the public attitude research. H. MITIGATION MEASURES RECOMMENDED BY THE PEER REVIEW TEAM Recommendations for "Population and Economic Base" 1. Communicate frequently and openly with local farmers to keep them aware of Project activities. 2. Design and deliver a program that maximizes local business opportunities and benefits. Recommendations for "Land Use and Visual Setting" 3. Minimize the visibility of on-site activities at the facility by landscaping on-site and with lights. Recommendations for "Community Services" 4. Communicate frequently and openly with recreational groups who use the area near the facility to keep them aware of Project activities. Avoid trucking during school group pick-up/drop off times along recommended routes. Required for "Traffic and Transportation" 6. Design access roads so that farm vehicles can move through the area during construction (e.g., consider road and shoulder width). 7. Install signals, gates, signs, pavement marks, and traffic controls at Elliot Road underpass. At all at-grade rail crossings: incorporate wide lanes and shoulders; maintain site lines; install, as necessary, gate and signal, at rail crossing controls. 8. Ensure safety of the underpass for the Inter-site Route (e.g., provide temporary detour around the immediate construction site, have stops or traffic lights at the underpass construction site). 9. Add signs and any required stop controls for the underpass detour. 10. Have contract clauses that ensure all trucking contractors regularly maintain their vehicles and train their drivers. 11. Implement contract clauses to ensure trucks stay on recommended transportation routes. Impose fines if they do not. 12. Provide an orientation for truck drivers so they can drive safely along the transportation routes. 13. Schedule off-site truck driving to minimize disruption (e.g:, deliver during designated times, use convoys, stockpile materials). 14. Design and deliver a contingency plan for traffic on Lakeshore Road in case of an accident to ensure that emergency services can respond appropriately. 15. Notify all local residents in advance about trucking activities, particularly for oversized loads. 16. Operate a procedure so that complaints regarding truck traffic can be reported and resolved. Required for "Municipal finance and administration" 17. Carry out Part B of the Legal Agreement to ensure that the LLRWMO pays for project-related road improvements; capital costs related to the facility; and on- going communications and related project expenses. 18. Implement Part B of the Legal Agreement, to ensure that LLRWMO pays for administrative costs. Recommendations for "Residents and communities" 19. Implement initiatives to avoid, reduce, or redress real and perceived adverse socio-economic effects and enhance beneficial effects of the Port Granby project. 20. Set up a two-tier complaints system. 21. Implement measures to address the residual loss of use and enjoyment of properties nearest to the Facility. These measures would include developing management plans for noise, dust, odour and traffic; and establishing thresholds for when contingencies are implemented (e.g., temporarily stopping work, curtailing offsite transportation activities, and imposing fines and penalties to contractors who do not comply with requirements). 22. Keep new comers informed about the Project 23. Inform neighbours about results of monitoring for noise and dust, and allow a designated neighbourhood representative to inspect the site. 24. Provide an end-use for the area that makes the most of passive recreation. 25. Develop an appropriate "name" for the facility. 26. Request that the CNSC license explicitly assure that the LTWMF and the existing WMF can be used only for the purpose of managing a specific volume of historic LLRW from the Municipality of Clarington over the long term. 27. Completely remove and rehabilitate the upgraded portions of Elliot Road to pre-Project conditions (to the extent possible). 28. Completely remove the underpass at Lakeshore Road and rehabilitate the areas along Lakeshore Road affected by the underpass to pre-Project conditions (to the extent possible). Attachment 116 PORT GRANBY LONG-TERM LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT PROJECT REVIEW AND RECOMMENDATIONS TO THE MUNICIPALITY OF CLARINGTON ON THE DRAFT SCREENING REPORT (MAY 2009) Prepared By Hardy Stevenson and Associates Limited 364 Davenport Road Toronto, Ontario M5R 1K6 June 2009 ~~~~~J~ ANA AS~IA°7'ES Table of Contents 1.0 Introduction ....................................................................................................... 1 2.0 Peer Review Methodology ................................................................................. 2 3.0 General Comments ................................................................... .......................... 3 4.0 Specific Comments .................................................................. .......................... 4 4.3 Geology and Groundwater Environment ............................. .......................... 7 4.4 Terrestrial and Aquatic Environment .................................. .......................... 9 4.7 Environmental Health and Safety ........................................ .........................11 4.8 Recommended Follow-Up Pxogram .................................... .........................13 5.0 Conclusions and Recommendations ................................................................14 Municipal Peer Review -Draft Screening Report: Port Granby Long Term Low-Level Radioactive Waste Management Project Executive Summary This report presents to the Municipalitq of Clarington Council the results of the Municipal Peer Review Team (MPRT) review of the Draft Screening Report (DSR) fox the Poxt Gxanbv Long-Term Low-Level Radioactive Waste (LLRW~ Management Project. The Part Granby Draft Screening Report presents the conclusions from the Responsible Authorities (RA's) regarding the Part Granby Environmental Assessment (EA) as documented in the Environmental Assessment Study Report (Er1SR). The MPRT report provides comments on the DSR's assessment and conclusions of the issues pertaining to the atmospheric environment, geology and groundwater, the socioeconomic environment and human health and safety. Among the many issues important to the Municipality of Clarington, hvo stand out: 1) what axe the conclusions of the RAs in terms of the review of the EASR completed by the Low Level Radioactive Waste Management Office (LLRWMO) and, 2) does the Project as defined in the DSR differ from the Municipality's preferred option? The MPRT concludes that the DSR presents a thorough review of the Project and agrees with the majority of the analysis and conclusions. We also agree with the conclusion of the DSR that with appropriate mitigation measures and follow-up monitoring, the Project is not likely to cause significant u~despread adverse etivixonmental effects. The MPRT does, however, recommend a strengthening of impact avoidance and mitigation measures to further minimize the potential effects for the local community. 1.0 Introduction The Port Granby Draft Screening Report (DSR) contains the conclusions from the Responsible Authorities (RA's) regarding the Environmental Assessment Study Report (EASR) fox the Poxt Granby Long-Term Low-Level Radioactive Waste (LLRW) Management Project. The Port Granby Project is based on a community proposal developed by the Municipality of Clarington in 2001. The purpose of the Port Gxanbv Project is to clean up and provide appropriate local long-term management of LLRW and marginally contaminated soils in the Municipality of Clarington. Also, to relocate the waste from the existing site fox management in an environmentally safe and socially acceptable, suitably constricted and appiopxiately controlled site fox the long term. Therefore, the Port Granby Project depicts the preferred alternative fox the long-term management of the historic radioactive wastes in the Municipality of Clarington. As part of the regulatory process an Environmental Assessment (EA) is required under the Canadian Environmental Assessment Act (CEAA). The RA's for the EA process are the Canadian Nuclear Safety Commission (CNSC) and Nataral Resources Canada (NRCan). Iv1PRT Review of the Draft Screening Report 1 Hardy Stevenson and Associates Limited June 2009 The DSR was prepared in response to the Environmental Assessment Study Report (E.ASR) and was prepared by' the RA's. The RA's used the information provided in the EASR to make a determination under the CEAA whether ox not the project will cause significant adverse environmental effects, taking into account mitigation measures. The scope of the project under the CEAA refers to the components of the proposal and undertakings of the project (site preparation, construction, management, operation of the waste management facility). The DSR presents the RA's findings on the environmental effects predicted to occur as a result of the Project. They assessed the following emrixonmental components: atmospheric, geological and groundwater, aquatic, terxestsial, socio-economic, Aboriginal interests, human health and safety, accidents and malfunctions and cumulative effects. The environmental assessment predicts that the Project will result in many em-ixonmental benefits as well as some adverse effects that can be addressed by mitigative measures. The RA's conclude that the Poxt Granby Project will not cause significant environmental effects. As a result, they recommended the approval of the Project. A follow up program is also recommended in the DSR. Generally, the peer review team agrees with the majority of the analysis and conclusions of the DSR and that with appropriate mitigation measures and follow-up monitoring, the Project is not likely to cause significant adverse environmental effects. This MPRT report provides recommendations fox strengthening the Screening Report, providing greater clarity and offers recommendations to further enhance mitigation and follow-up program and acti~nties. Oux comments axe structured in a manner that systematically addresses the specific sections of the Draft Screening Report: • General Comments • Project Scope • Description of the Existing Environment and Environmental Effects • Atmospheric Environment • Geology and Groundwater Environment • Terrestrial and Aquatic Environment • Socio-Economic Environment • Human Health and Safety • Follow-up Program 2.0 Peer Review Methodology In the review of the DSR, the MPRT considered the implications of the Legal Agreement that was signed between the Town of Port Hope, the Township of Poxt Hope (now the Munucipality of Port Hope) and the Municipality of Clarington with the Minister of Natural Resources in 2001. The Agreement provided the legal basis for the long term solution for MPRT Review of the Draft Screening Report Haxdv Stevenson and Associates Limited June 2009 radioactive waste management which lead to the creation of the Port Hope Area Initiative ~~~• The Legal Agreement stipulates that the Municipal acceptance of the Screening Repart should be based on the following: • The Municipality is consulted on Alternatives. • LLRVUMO to submit 1? ASR after consulting with Clarington. • Claxington must give written consent to preferred option (which Clarington did in 200'x. • The option recommended for approval does not differ from the Municipality of Clarington's preferred option. This report is intended to provide a basis fox formal Municipal comments on the DSR. An important consideration is whether the Project as defined in the DSR continues to support the preferred option. Fox example, the recommended option would be consistent with the components such as the capillary layer that was approved by the Municipality continues to be brought forward and described in the DSR. In reviewing how the RA's assessed the EASR, we also determined whether the DSR would be able to clearly address the following considerations: • Is the problem properly understood in the DSR? • Is the project properly described? • Has the existing environment been adequately described and understood? • Is the constmction process properly described? • Do the RA's agree with the LLRWMO in relation to off-site environmental effects to the Municipality of Clarington and Poxt Granby residents? • Axe monitoring requirements recommended in the DSR adequate? • Do the RA's adequately specify design features for health, safety and environmental control? • Has the DSR over xehed upon information gaps being addressed in the Detailed Design stage through reports and protocols that axe still to come (e.g. Part Granby Environmental Monitoring Plan, Detailed Environmental Protection Plan)? 3.0 General Comments Overall, the biPRT concludes that the DSR has a comprehensive understanding of the EASR and the studies. The analysis has addressed many important details. The Project and the problem axe properly understood in the DSR. The DSR could have better acknowledged reports that will come forward in the Detailed Design Stage, but are none the less important fox a complete understanding of the environmental protection regime. Mitigation measures and follow up measures tends to understate those agreed to and reference in the EASR and b1PRT Review of the Draft Screening Report Hardy Stevenson and Associates Limited June 2009 discussed by the LLRWNIO and MPRT. Additionally, some areas such as atmospheric emissions, while sound, could be strengthened. In many areas, the RA's rely on `adaptive management', whereas `impact avoidance' would be the correct approach. The MPRT concludes that that DSR should be supported and endorsed by the Municipality. Recommended additions to the DSR should be forwarded to the RA's fox their consideration. 4.0 Specific Comments The following sections axe the MPRT comments that relate to specific sections in the Draft Screening Report 4.1 Description of the Existing Environment and Environmental Effects The EASR examines effects of the Project on the biophysical and human environment. The DSR addresses the existing, ox baseline, environmental conditions in the area surrounding and encompassing the current and proposed waste management facility. In doing so, the DSR provides an accarate account of the baseline conditions fox the Port Granby Study Area. However, there axe a few minor areas where the description can be improved. Page 17 Uranium needs to be added to the list of contaminants of greatest concern to be consistent with the second sentence in this paragraph that discusses uranium. Page 52 In the community profile within the DSR, there is not a specific description of the Port Granby community ox its residents. In the opinion of the MPRT, it is important to evaluate the Project against the backdrop of residents and businesses who have the greatest need to ensure the Project management is sound. Port Granby should be defined as at the very least, the Poxt Granby settlement (of multiple homes/ businesses) to/and ox within the local study area. Page 71 The following effects on vegetation should be described fully in the DSR. We recommend that the following effects be more closely xefexenced: • The relocation of the Long Term Waste Management Facility (LTWMF) storxnwatex management pond; • New vegetative communities at the LTWMF, not just farm fields, need to be better xefexenced in the DSR (e.g. the fen near east gorge); and • A landscape management plan fox the LT~SUMF will be enacted as an end use and requires community and municipal input. Furthermore, end use planning is not evell iV1PRT Review of the Draft Screening Report 4 Hardy Stevenson and Associates Limited June 2009 acknowledged in the DSR. In contrast, all parties have spent considerable time and money identifying a preferred end use. 4.2 Atmospheric Environment and Effects The atmospheric environment consists ofnon-radiological air quality, radiological air quality, and noise. As part of the assessment, the DSR also discusses climate and meteorology and their effects on the Project. Overall, the xepoxt provides a reasonable over7ew stuiunary of the air quality aspects, mitigation and monitoring developed for the Part Granby project. However, there are a few minor areas where the description can be improved. The bIPRT is concerned about the use of `adaptive management' and monitoring as the dominant waste excavation guideline. This approach leads to accepting average exposure levels as opposed to an emphasis on avoiding exposure incidents. Monitoring to see if radiological contaminants have left the site is useful after excavation has occurred but is an unacceptable method to be used while the excavation is underway. The MPRT recommends impact avoidance as the rule governing the excavation. From this perspective, dust would be measured and minimised at the excavation site. Measuring fox fugitive dust at the fence line involves acceptance of greater risk then necessary. Fuxthexxnoxe, monitoring to see if dust has exceeded the site fence line is inadequate as a method of evaluating whether construction practices axe sound. Throughout the xepoxt there is discussion of needing a good Dust Management Plan to ensure that there axe no off-site impacts due to fugitive dust emissions. It is stated that the plan u=ill be developed as part of the Detailed Design Phase. We accept this, but will continue to point out that the details of that plan axe extremely important and axe the key to ensuring off-site impacts are minimi>ed. All aspects of the plan, including specifics on mitigation, monitoring (including real-time), complaint response, corrective actions and record keeping will be very important. We recommend that the DSR strengthen recommendations to develop a Dust Management Plan that controls dust at the source rather than at the Project fence line. Additionally, the plan needs to consider whether dedicated trucks (e.g. watering trucks) axe needed fox the waste areas and the haul route between. Given the importance of mitigation in avoiding impacts, especially those that arise from dust, there needs to be a more explicit discussion of the requirements fox proper mitigation plans in the screening xepoxt In principle, particulate matter should not be leaving the site boundary at any time. Page 60 The xepoxt cites a `conservative approach' in terms of the worst month scenario being averaged over the course of a year. However, it is not a conser=ative approach when you take into account, fos example, that wind born thorium should not leave. the site boundary over the course of a year. In relation to other atmospheric emissions, no exceedences axe anticipated. ivIPRT Re~7ew of the Draft Screening Report 5 Hardy Stevenson and Associates Limited June 2009 Page 62 Under particulate discussions, in the end of the paragraph, it is stated that National Institute of Health and Safety (NIOSH) standards will be met. These axe occupational standards. The previous discussions between the MPRT and the LLRWMO about the management of particulates pertained to ambient air quality fox public exposure. The NIOSH statement seems out of place; ox at least warrants some farther discussion and context (in a separate paragraph). If it is the intent to discuss occupational levels in this section, then similar discussions axe warranted fox conventional air contaminants and fox metals. Page 64 The discussion of particulate bound radionuclides inclicates that this will be monitoring by PM10 samplers. Typically metals and other particulate bound contaminants axe done by TSP (total suspended particulate), not PM10. The approach to measuring these contaminants needs to be reassessed. Page 65 and 67 The discussion of soil impacts of metals and radionuclides indicates that there axe no predicted impacts. On page 67, verification is considered through a `robust sampling design'. This is not defined. We agree that soIl sampling after completion of the cleanup should be undertaken to verify that no off-site dispersion of contaminants have occurred. Note: The `robust' sampling is not discussed in Section 12: Follow-Up Program and should be. The rule should be no `contamination of residential properties'. Pages 62, 63 This section states that there may be a cessation of activities during high wind conditions. We find the conclusions of the DSR on dust to be weak. The MPRT recommends that high wind scenarios should be anticipated through an onsite meteorological station and monitoring. Excavation activities should not be initiated if high winds are anticipated. Furthermore, this recommendation needs to be part of the Dust Management Plan as part of the Detailed Design Phase. Page 83 There are ui depth studies on the potential noise impacts from the project in the EASR as provided by SENES that indicate some of the concerns with noise affecting the local community. The areas where noise will be significantly higher than ambient noise levels and potential effects to noise receptors should be specifically noted in the Screening Report. The xepart indicates that there is a 6dB noise increase at a locator in the study area, a 12dB along the road, 15dB at the intersection, which axe all significant increases that will affect the local community. Better methods of reducing noise should be recommended in the Screening Report during the follow-up stage. Methods of mitigating noise impacts fox residents, particularly along the haul route should be required. These methods should include hedges, noise abatement windows, fencing and air conditioning. l~Il'RT Review of the Draft Screening Report 6 I-Iardy Stevenson and Associates Limited June 2009 4.3 Geology and Groundwater Environment The Geology and Groundwater Environment for the Port Granby Project consists of the physical chazacteristics associated with the site and the surrounding study areas. These characteristics are geology, physiography, topogxaphp, stratigxaphy, and seismicity. The baseline study also examined non-radiological qualities associated with groundwater flow, and the radiological and non-radiological qualities of groundwater quahty, drainage water quality, and soil quality-. Page 42 It is noted that there are no actively-used private water evells in the site study azea. The potential fox future use of the ground water xesoarce in the area should be noted. There may be future development in the area which relies on the ground evater resource fox water supply. Section 9.3 a), paragraph 3, indicates "previous soil samples indicated surficial soils exceeded MOE soil quality criteria for arsenic, cobalt, copper, nickel, lead, and antimony in the evastes and mixed soIls". This statement is confusing. It seems to indicate that surface soils exceed the MOE quality criteria fox these metals. It should cleazly indicate that there aze no natural exceedances fof metals in the area, however the wastes and mixed soils associated with the current waste disposal site exceed these standards. A statement should be added that the exceedances of boron are naturally occurring and not related to waste disposal. Additionally, the text of this section (9.3) of the xepoxt does not clearly convey the location and nature of exceedences of the soil quality standards fox each of the areas discussed (site study area, regional study area, local study area). Furthermore, it is difficult to determine if the exceedances are related to the waste materials in the current waste management site or natural exceedances of various parameters which occur as a result of ambient conditions. This should be clarified. Page 43 The xepoxt notes that all ground water ultimately discharges into Lake Ontario. Locally, ground water dischazges into creeks (surface water) and does not discharge into Lake Ontario. Also, it is difficult to understand the relevance of the information presented in this section. Ground water hazdness is a naturally occurring phenomenon and is generally not relevant to the discussion. The source and nature of the high sodium and chloride concentrations noted in the site study area should be explained. Similarly, the source and nature of "other exceedances of Ontario Drinking Water Standards (ODWS) Guidelines" in wells at the northwestern edge of the burial area should be explained. The discussion of drainage water quality is unclear. Does this refer to drainage water quality in the local, regional, or site study area? The report notes that the water contained within the ditches does not support aquatic resources. However, it is important to note that the ditches ultimately drain into surface water features (such as the creek ar Lake Ontario) which do support significant aquatic resources. The nature and source of the exceedances of Provincial 1~IPRT Review of the Draft Screening Report ? Hardy Stevenson and Associates Limited June 2009 Water Quality Objectives (PWQO) criteria should be noted. Axe they related to the existing Waste Management Facility site, or ambient natural conditions? Paragraph 3 of `Radiological Drainage Water Quality' is not clear. It indicates surface water samples were collected and analysed fox uranium. The subsequent sentence indicates there was insufficient flow to collect samples fox radionuclide analysis. Oux recollection is that samples have been collected at the seeps and analysed fox the full suite of radionuclides. Pages 66, 67 No issues have been raised about ground water flow and flushing. These issues came up in the Water Treatment Memo and at a minimum, should be acknowledged in the Screening Report. In addition, while the Screening report is still tentative on the water treatment technique, however there is reference to the ion exchange method. Given the extent of the study of water treatment methods after the EASR was submitted, some reference to these reports and their conclusions would have been expected (e.g. EASR -Appendix G, the Water treatment Memo and the EASR -Addendum Review). Page 66 The intent of the first sentence in paragraph 4 is not clear. It indicates the biggest impact on water quality improvement is expected to occur during the early life of the Long Texm Waste Management Facility (LTWMF). Are the RA's ieferxing to clean-up of the existing facility, or construction of the new facility? We axe not aware there was any water quality improvement to the existing facility associated with construction of the necv LTWMF. Also, it is indicated that Contaminants of Potential Concern (COPC) concentrations are expected to decline due to flushing of contaminants from the aquifer. It should be noted that this flushing is related to the existing facility and not the new facility. It should also be noted that this flushing, while beneficial, will occur over a very long period of time. It is stated that quantity and quality of ground water discharge into Poxt Granby Creek during construction of the LTWMF is predicted to remain appxoximatelp the same as baseline conditions. We disagree with this conclusion, as we have stated in our previous review of the EASR document The purpose of the ground water monitoring program should be clearly stated. Any potential change in ground water elevations must then be used to assess potential changes to base flow and impact to aquatic resources in the Poxt Granby Creek. Page 67 It is stated in the `Existing Waste Management Facility', paragraph 2 that a placement of a 1 m thick soil cover will provide separation and reduce surface infiltration and the residually contaminated Bolls. This may not necessarily be a benefit as is stated. This will sere to reduce the rate of flushing of contaminants. Further explanations should be provided regarding the nature of the ground water monitoring at the existing Waste Management Facility site. As we have stated in previous reviews, there is generally insufficient information available to characterize the ground water b1PRT Review of the Draft Screening Report 8 Hardy Stevenson and Associates Limited June 2009 impacts at the existing site. Farther site characterization must be undertaken before designing a monitoring program fox the site. Also, it should be clearly stated that there will be a comprehensive ground water monitoring program put in place. Based on the ground water monitoring program, the appropriate contingencies can be implemented. Page 68 It is stated in `Radiological Ground Water and Drainage Water Quality', pazagxaph 2 that no mitigation measures axe required. To be dear, no mitigation measures axe required based on the carxent analysis. However, it should be clarified that there will be a monitoring program to assess potential impacts and, in the event that there axe impacts, appropriate mitigation measures axe available and can be implemented. Page 93 The complete deterioration of the geomembxane liner at the base of the mound is assumed by the RA's fox the year 2150 (pg 93). Why is it assumed that the geomembxane will not remain intact over time? This assumption in the DSR is less robust than was proposed in the EASR and subsequent reports from LLRWNIO consultants. If the DSR assumption prevails, stronger recommendations about mid-term repairs and xemediation should be required as a condition of approval. 4.4 Terrestrial and Aquatic Environment Fox the parpose of the Port Granby Project, the Terrestrial and Aquatic Environment consists of vegetation communities and species, wildlife habitats, wildlife communities, and radioacti~rity in the terrestrial environment. The Aquatic Environment includes a number of components associated with watercourses and Lake Ontario. In relation to our previous comments from the Poxt Granby 1? ASR (Mazch, 2005), we believe that the DSR's coverage of issues and adverse effects pertaining to the terrestrial and aquatic environment have been adequately addressed. Page 72 The Migratory Birds Convention Act (MBCA) is mentioned as directing Project activities to address/mitigate breeding bird habitat. However, the Screening report should specify that bird habitat will be preserned in addition to upholding the tenets of the MBCA. 4.6 Socio-Economic Environment and Effects The Socio-economic baseline is chazactexized in terms of its population and economic base, land use and visual settings, community infxastmcture, community serc-ices, traffic and transportation, municipal finance and administration, residents and communities, archaeology and cultural heritage xesoarces, and Aboriginal interests. Socio-economic effects axe of paxticulaz importance to the residents of Port Granby, the Municipality of Claxington and the MPRT. For example, it is important to ascertain how noise and dust will affect the local community. 1~fPRT Review of the Draft Screening Report 9 Hardy Stevenson and Associates Limited June 2009 Overall, the MPRT fmds the information provided in the socio-economic baseline information to be comprehensive and thorough. However, there axe areas in this section of the DSR that could be defined in greater depth with stronger recommendations. Given the number of minor adverse effects resulting from the project, we suggest a more explicit and thorough description of the identified mitigation strategies. The RA's have limited their consideration of socioeconomic effects to the definition under the Canadian Environmental Assessment Act. Nationally, the CEAA continues to receive criticism on this overly narrow defuution. A body of research has been completed in the EASR and in supparting documents for the Port Hope and Port Granby Project regarding socio-economic effects and mitigation measures. We recommend that the measures in the EASR be highlighted to follow up on action items in the Screening Report. Examples of mitigation measures include the implementation of initiatives to avoid and reduce real and perceived socio-economic effects from the Project, and the implementation of measures to address the residual lose of use and enjoyment of properties nearest to the facility. Additionally, necv residents should be informed about the Project, and a procedure should be implemented so that complaints regarding truck traffic in the area can be reported and resolved. Residents should also have a role in monitoring and reporting. See Appendix A - `Overview of Mitigation Measures' for HSAL's recommended measures. These measures should be documented in the Screening Report. Furthermore, we suggest a more explicit description of the mitigation measures that axe currently reported the DSR. This should include specific programs that will be used to address the identified adverse socio-economic effects of the project such as the business activity enhancement program as mentioned in the DSR (page 74). Throughout the document there is mention of specific activities that should be undertaken over the course of the Project's lifespan. Fox example, a description of end use activities axe referred to as being required (page 24). Yet, discussions of end use activities axe currently underway with the formation of the `End Use Committee' that is made up of local community members, Municipality of Clarington Staff and the LLR~Y~MO staff. The Screening Report should reference the program planning fox end use and require recommendations to be implemented. Public oversight and community engagement will be an important conuibutox to the success of the Project. In contrast to work completed by the LLRWb10, Municipality and local residents, this critical component of project management is overlooked in the DSR. We recommend that the Screening Report specify requirements for: • Designated community members to be given responsibility fox community liaison; • Ongoing consultation and communication mechanisms; and 1~fI'RT Review of the Draft Screening Report 10 Hardy Stevenson and Associates Limited June 2009 The role of citizen liaison groups in ensuring monitoring and mitigation measures axe sound. Page 74 Tourism The examination of effects on business in the Poxt Granby area has overlooked tourism- based businesses. There also needs to be an emphasis on providing opportunities fox local and farm-based businesses when the site has been restored. Page 75 Housing and Properly I~alues The Property Value Protection (PVP) program has been implemented and has had its successes. LLRWt~lO documents defusing the PVP Program should be cited. In addition, the Screening Report should require continuous improvements to the PVP Program over time. Fox example, the DSR states that there will be reduced residential property values and increased difficulties in marketing properties due to the project, yet an increased amount of turnover of residential properties. However, the PVP Program should evolve to avoid this pxo6lem. Traffzc and Tranpartatian It is estimated that there will be the movement of 12, 500 truck trips (pg 23) in the Study Area over six years during the construction phase. The DSR acknowledges that the project mill be potentially disruptive to the local community. Mitigative measures need to be strengthened to minicxuse and mitigate effects during the construction phase. Because there will be disruption to road uses, pedestrians and non-motorised vehicle traffic along the recommended traffic route (page 77), there needs to be a provision to notify trucks and have a contract with trucking firms regarding school drop off times in the DSR's list of mitigative measures (See Appendix A fox examples). The Screening Report should specify that trucks should cease activity during morning pickups and after school drop offs fox local school children. Also, the potential impacts if a large number of trucks crossing the CNR track level crossing on Elliot Road is under-assessed in the DSR. At a minimum, signalised gates should be installed. 4.7 Environmental Health and Safety Human health and safety is being examined as part of the DSR because the activities that comprise site preparation, construction and operation of the Poxt Granby Project have the potential to affect people. The DSR reviews the radiological health of workers, radiological health of members of the public, conventional occupational health and safety, and conventional health and well-being of members of the public. Overall, the MPRT accepts MPRT Review of the Draft Screening Report ll Hardy Stevenson and tlssociates Limited June 2009 the RA's conclusions about the environmental health and safety effects as provided in the DSR, however, there aze a few instances where greater clarity should be given. Although the As Low As Reasonably Achievable (ALARA) principle is mentioned in the Screening Report, there is no section that specifically address its implications when used as a principle for mitigation measures (as proposed in the report). The use of the ALARA principle needs to be strengthened as a critical component of design and operations. Page 84, No radiological effects fox members of the public axe assumed in the Report. The MPRT agrees with the RA's that public health will not be affected by the Poxt Granby Project. Some wording in the DSR is unclear. In Section 10.8(6), subsection on Woxkexs, the text states "within 20 percent of the CNSC dose limit ..." which seems to be confusing terminology. Within 20 percent could mean at the 80 percent level because that is within 20 percent of the limit. Does the text mean less than 20 percent? Two paragraphs below this text, the terminology is "below 10 percent ..." Consistent terminology that is clear should be used. Please note that there are several places in the document, where the terminology "within xx percent" is used. Page 87 In xegazds to radiological health and safety, the text states that within 2 km of the LT\X/b4F, the concentrations of radon would be indistinguishable from background, and simultaneously, radiological constituents in xe-suspended dust axe not measurable beyond the 2 km zone. From this information, the text concludes "there would not be measurable cumulative effects on radiological air quality." These statements seem to negate one another and imply that within the 2 km zone, the concentration would be above background and measurable fox radon and re-suspended dust, respectively. If any of the health xeceptox locations axe within 2 km, then there would be cumulative effects that should be addressed. To clear this matter up, the conclusion discussion should instead, compare the predicted radon and radionuclide concentrations to the radon reference level. It should be noted that based on the results given in the Poxt Granby EASR section on Atmospheric Environment Environmental EffectsAsressment Report (PGS), Section 3.3.3, at all of the health xeceptox locations, the predicted radon concentrations aze well below the reference level, and the maximum predicted radionuclide levels aze well below Health Canada reference values, thereby indicating the dose impacts to the public via these exposure pathway s would be insignificant. Page 87 The I;ASR considered the effects of the Project on a nuclear energy worker living in the local study area, but the same considerations axe not found in the DSR. bIPRT Review of the Draft Screening Report 12 Hardy Stevenson and Associates Limited June 2009 4.8 Recommended Follow-Up Program The DSR includes a description of a Follow-Up Program of comprehensive and long-term environmental monitoring to ensure that the performance and operational requirements of the LT'~~IMF are met. In general, the MPRT support the need fox aFollow-Up Pxogxam. However, we feel that more detail on the follow-up program is required to provide assurance -that specific areas where adverse effects have been identified will be undertaken in partnership with the Municipality. The MPRT would like the Screening Report to require a commitment from the PHt1I Transition Project Team that. atmospheric monitoring will occur in real-time, and there will be explicit operational changes where conditions are not as predicted. The Follow-Up section proposed monitoring fox the minor predicted exceedences of P1iI2.5 at the fence-line during construction. This is not adequate. Other emissions (PM1Q metals, radionuclides etc) were modelled to show lower impacts, however these lower impacts were based on very careful mitigation plans. As such, momtoxing of all kev contaminants (PM10, metals, radionuclides etc) is warranted to demonstrate that the mitigation measures were implemented successfully and no impacts occur. As noted above, this should also include soil measurements and should be closely linked to the Dust Management Plan. LLRWb4O agreed previously to a commitment to use newer low emission off-road equipment where practical. This commitment ox mitigation recommendation is not found in the DSR. Page 112 It is paramount fox the PHAI Transition Team and the RA's to confirm and adopt the Follow-Up Program before the issuance of a license. The program should be incorporated into the facility- license. Additional consultation is required. Page 113 The Follow-Up Pxogxam states that an adaptive management approach will be utilised fox monitoring the site. As stated earlier, the use of the term `adaptive management' infers that changes will be made accordingly to the problems that will arise in the future during the management and monitoring phase. Adaptive management is reactive whereas many potential Project effects need to be managed in a proactive manner. Without further description, an adaptive management approach can be vague, thus a more detailed description of what adaptive management means fox the Port Granby Project is required. Also, there is no specific mention of how uncertainty should be dealt with by the LLRWTvIO and how the Follow-Up Program will be adapted to varied circumstances. Fox example, if adaptive management is utilized when resource managers axe confronted with uncertainty when designing management strategies, they may accept more risk than an `impact avoidance' strategy. Page 115 IVlitigation Measures, item 4 (placing wind fencing around exposed stockpiles) -this mitigation measure is not listed in the text on page 64, section 10.2(6). In addition, the MPRT Review of the Draft Screening Report 13 Hardy Stevenson and Associates Limited June 2009 concept of mulching in item 6 is not discussed in the text on page 64. A detailed description of the placement of wind fences and the role of mulching is required in the earlier sections of the report. Page 122 The follow-up program states that there is a need to `monitor radiation doses to confirm accuracy of predictions' fox members of the public. How is this accomplished? Will this require random sampling of community members? The DSR should include a description of how radiation will be monitored in the follow up program. Appropriate measures fox identifying when further studies on local dose rates axe required should also be described. The MPRT stresses that the prime goal of the Project is to make sure that there are no increased radiation doses among members of the public. Page 123 Table 12.2 fox the Follow-lip Program notes that as a socio-economic residual effect after mitigation, there may be a voluntary out migration of residents from the locality. A successful siting process entails that a facility makes the community better off with the facility than before its construction. Thus, the `hollowing out' a community as a result of people leaving is not beneficial to the overall community well being. Further demonstration is needed to improve monitoring and mitigation measures fox local residents (see Appendix A fox mitigation measures). The report also mentions that a random sample of residents should occur as a method of implementing a public attitude survey. In the past when such surveys have been taken by the LLRWn10 and their consultants, residents who have not been contacted have requested their opinion be included in the survey. An over sampling of all households in the Poxt Granby Study Area would address these concerns about the public attitude research. 5.0 Conclusions and Recommendations During our review of the DSR, the MPRT considered: 1) the conclusions of the Regulators= Authorities in terms of the review of the EA and, 2) if the Project as defined in the DSR differs from the Municipality's preferred option? The MPRT accepts the RA's analysis provided in the DSR. Fuxthexmoxe, the MPRT note that the DSR recommends the approval of the Project and that the Pxojectas described in the DSR reflects the Project that has been accepted by the Municipality. We do not anticipate any significant adverse effects from the Project. There axe many areas of the DSR that can be strengthened. We recommend the requirement of a more thorough and comprehensive follow-up program in order to confirm the accuracy of predictions of environmental effects and effectiveness of mitigation measures. Fuxthexmoxe, the DSR should highlight provisions that minimize impacts on the community and residents. The MPRT has confidence that the necessary commitments will be implemented. The role of the Municipality and the community in delivering mitigation and monitoring that has been prevalent thorough the EA process should be reiterated in the IviPRT Review of the Draft Screening Report tq Hardy Stevenson and Associates Limited June 2009 report. We recommend that the DSR should require the proponent to further involve the community in an oversight role in obtaining feedback on the effectiveness of the mitigation measures and the monitoring and follow-up strategies. Summary ofMPIZT l~ecommendatianc• 1)T he Screening Report (SR) needs to stress avoidance measures not just monitoring measures; 2)T he SR requires stronger water treatment recommendations; 3)T here needs to be a better understanding of end-use activities; 4)Th e SR needs to specifically address nuclear energy workers living in the azea; 5)T here needs to be continuous improvement of the PVP program; 6)R eftne the definition of the geomembxane liner's lifespan; 7)Follo w through with taking trucks off the roads during school bus pick up tunes; 8)Mea sure and monitor dust emissions at source versus at the fenceline; 9)E nsuxe that local residents are involved in the monitoring process; 10) There is too much reliance on adaptive management over impact avoidance; 11) The SR comments should acknowledge other relevant studies (Detailed Design Document, Remediation Verification Protocol, Environmental Management and Protection Manual, etc.); 12) There need to be specific impact management plans fox homes along transportation routes 13) The Public Attitude survey methodology should over sample local residents; and 14) The SR needs to prescribe improved safety measures for the crossing at the CNR line at Elliot Road in relation to truck traffic. 1~R'RT Review of the Draft Screening Report 15 Hardy Stevenson and Associates Limited June 2009