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HomeMy WebLinkAboutPSD-098-09CIar w~~gton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~esd~u-fio~ ~-~PA' 561009 Date: Monday, October 19, 2009 Report #: PSD-098-09 File #: PLN 33.4 By-law #: a~G 9~~ ~~ Subject: AMENDMENT 3 TO THE LEGAL AGREEMENT FOR THE PORT HOPE AREA INITIATIVE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-098-09 be received; 2. THAT the Agreement to amend the Agreement between the Corporation of the Municipality of Port Hope, the Corporation of the Municipality of Clarington, and her Majesty the Queen in Right of Canada as represented by the Minister of Natural Resources be APPROVED; 3, THAT the By-law attached to this Report authorizing the Mayor and Clerk to sign the Agreement to amend the Legal Agreement for the Port Hope Area Initiative, be ADOPTED; and 4. THAT a copy of this report and Council's decision be FORWARDED to Natural Resources Canada and the Municipality of Port Hope. i Submitted by: David . Crome, MCIP, RPP Director of Planning Services Reviewed by: <-/ f ~"~'~--'~-- "~ `l Franklin Wu, Chief Administrative Officer JAS/FL/df 7 October 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (9D5)623-0830 REPORT NO.: PSD-098-09 PAGE 2 1.0 BACKGROUND 1.1 The Legal Agreement for the Port Hope Area Initiative defines the waste materials that are to be cleaned up and accommodated in the new Port Granby long term waste management facility, as follows All of the Low-Level Radioactive Waste and the marginally contaminated soils at the existing Port Granby Waste Management Facility, defined in the Agreement as "Cameco Waste -Port Granby'; Any Historic Low-Level Radioactive Waste located within Clarington as identified by surveys to be performed by the federal government. (Relevant definitions from the Legal Agreement, including the italicized terms above are provided in Attachment 1 to this Report). 1.2 The Legal Agreement also defines the waste materials to be accommodated in the new Port Hope long term waste management facility. 1.3 The Historic Low-Level Radioactive Waste to be identified by surveys includes the approximately 4,000 cubic metres of marginally contaminated soils along Lakeshore Road identified by the Low Level Radioactive Waste Management Office subsequent to the signing of the Legal Agreemeht. These materials will be excavated and accommodated in the new long term waste management facility. 1.4 Port Granby residents have expressed a concern that the presence of the new waste management facility will encourage other waste not associated with the Port Granby Project to be disposed of at the new site. Although the Legal Agreement specifically defines the waste materials to be accommodated in the new facilities, the parties to the Agreement have agreed to amend the Agreement to further clarify the matter. 2.0 OVERVIEW OF PROPOSED AMENDMENT 2.1 The proposed amendment states that "for clarity, only Waste located within the boundaries of the Municipality of Clarington, as they existed on January 1, 2001, will be accommodated in the New Clarington Waste Management Facility." A similar provision is also included for the Municipality of Port Hope. The date in the proposed amendment corresponds to the date on which the Town of Port Hope and the former Township of Hope were amalgamated to create the Municipality of Port Hope. 2.2 By clarifying that no waste from outside the respective Municipalities can be accommodated at the new facilities, the amendment supplements and strengthens the existing guarantees in the Legal Agreement. 2.3 The amendment was prepared by the Municipality's solicitor and has been reviewed by the South East Clarington Ratepayers Association, as well the solicitors for Porl Hope and Natural Resources Canada. REPORT NO.: PSD-098-09 3.0 CONCLUSION PAGE 3 3.1 Three copies of the signed Amendment will be forwarded to the Municipality of Port Hope for approval .and signature. Port Hope, in turn, will forward the Amendment to Natural Resources Canada for final signature. Attachment 1 - Relevant Definitions from Legal Agreement Attachment 2 - Authorizing By-law List of interested parties to be advised of Council's decision: Dave McCauley Christine Fahey Vito Binetti Wayne Boucher Walter Burman Mr. T. Casha Ray Coakwell and Frances Brooks Rosemary Cooper Marion and Stuart DeCoste Frederic DeSourdy Robert Edgar Penny Ewington Janice Fenton Barb Spencer John Stephenson Brad and Penny Stripp Rob and Kim Studt Midori Tanabe Harvey Thompson Rosemary Tisnovsky Stan Tisnovsky Julie Tutla Richard Walker Mary and Harry Won-all Betty and Stephanie Formosa Lori Graham Luanne Hill and Mike Mamonko fiord Jackson Susan Kinmond Maria Kordas-Fraser Marc Landry Jane Lawrence Brian Layng Eric Leeuwner Michelle MacDuff Gerry Mahoney and Bonnie McFarlane Andrew McCreath Joanne McNamara Rupert and Kathy McNeill Tim and Laurel Nichols Dora Nichols Carole Owens Garfield Payne James B. Robertson Linda & Paul Ryerse Sarwan Sahota Ken Shrives Attachment 1 To Report PSD-098-09 RELEVANT DEFINITIONS FROM LEGAL AGREEMENT Cameco Waste -Port Granby All the Low-Level Radioactive Waste and the marginally contaminated soil at the Port Granby Waste Management Facility at the date of this Agreement. Historic Low-Level Radioactive Waste The Low-Level Radioactive Waste other than Cameco Waste -Port Granby, Cameco Waste -Welcome and Cameco Decommissioning Waste currently situated in the Town of Port Hope, Clarington or the Township of Hope for which the original producer cannot reasonably be held responsible and for which Canada has accepted responsibility. Industrial Waste The approximately 40,000 cubic metres of non-radioactive contaminated materials, including soils, found at a number of sites in the Town of Port Hope as more particularly described in Schedule 1 of this Agreement. Low-Level Radioactive Waste Any of the radioactive waste products resulting from the processing of radioactive materials in the Town of Port Hope by Eldorado now situate in the Municipalities, including, but not limited to, chemical process wastes, contaminated industrial trash, building materials and industrial equipment employed in the processing activity as well as any soils that have become contaminated with radioactivity, all of which, for regulatory purposes; do not fall into the category of high-level radioactive wastes and, without limiting the generality of the foregoing, depending on the context in which it is used, can refer to Historic Low-Level Radioactive Waste, Cameco Waste -Welcome, Cameco Waste -Port Granby and Cameco Decommissioning Waste. Waste • Means Low-Level Radioactive Waste and Industrial Waste. Attachment 2 To Report PSD-098-09 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009 - being a by-law to enter into an amending agreement between the Corporation of the Municipality of Clarington (Clarington), the Corporation of the Municipality of Port Hope (Port Hope), and Her Majesty the Queen in Right of Canada as represented by the Minister of Natural Resources (Canada). WHEREAS the parties to the Agreement for the cleanup and long-term safe management of low-level radioactive waste between Clarington, Port Hope and Canada (Legal Agreement) have agreed to amend the Legal Agreement; AND WHEREAS the purpose of the Amendment, being Amendment No. 3 to the Legal Agreement, is to clarify that no waste other than the Waste provided for in the Agreement will be accepted at the New Part Granby Waste Management Facility or the New Port Hope Waste Management Facility; AND WHEREAS the terms of Amendment No. 3 to the Legal Agreement are attached hereto as Appendix "A"; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Agreement to amend the Legal Agreement between Clarington, Port Hope and Canada, being Amendment 3 and attached hereto as Appendix "A", is hereby approved; and 2. THAT the Mayor and Clerk be hereby authorized and directed to sign the said Amending Agreement and any related documentation to carry out the purpose of the by-law. BY-LAW read a first time this 26~" day of October 2009 BY-LAW read a second time this 26r" day of October 2009 BY-LAW read a third time and finally approved this 26~" day of October 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk AMENDMENT #3 TO AN AGREEMENT FOR THE CLEANUP AND THE LONG-TERM SAFE MANAGEMENT OF LOW-LEVEL RADIOACTIVE WASTE SITUATE IN THE TOWN OF PORT HOPE, THE TOWNSHIP OF HOPE and THE MUNICIPALITY OF CLARINGTON AMONG: THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE, A Municipal corporation pursuant to the Ontario Municipal Ad (hereinafter refereed to as the "Municipality of Port Hope") OF THE FIRST PART THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, A Municipal corporation pursuant to the Ontario Municipal Act (hereinafter referred to as the "Municipality of Clarington") OF THE SECOND PART AND HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of Natural Resources (hereinafter referred to as "Canada°) OF THE THIRD PART WHEREAS the former Corporation of the Town of Port Hope, the Municipality of Clarington and the farmer Corporation of the Township of Hope entered into an Agreement for the Cleanup and the Long-Term Safe Management of Low-Level Radioactive Waste situate in the Town of Port Hope, the Township of Hope, and the Municipality of Clarington on March 29, 2001 (hereinafter referred to as the "Original Agreement"); AND WHEREAS, as a result of municipal restructuring in the Province of Ontario, effective January 1, 2001, the Corporation of the Township of Hope and the Corporation of the Town of Port Hope became the Municipality of Port Hope; AND WHEREAS the parties amended the Original Agreement on October 7, 2003; AND WHEREAS the parties further amended the Original Agreement on October 20, 2006 (the Original Agreement as amended is referred to hereinafter as the "Original Agreement As Amended"); AND WHEREAS the Municipality of Clarington has requested that the Original Agreement be further amended to incorporate a provision to clarify that nc waste other than Waste provided for in the Agreement will be accepted at the New Port Granby Waste Management Facility or the New Port Hope Waste Management Facility; AND WHEREAS the Municipality of Port Hope, the Municipality of Clarington, and Canada have approved this requested amendment; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Municipality of Port Hope, the Municipality of Clarington, and Canada agree to amend the Original Agreement As Amended as follows: 1. Part B of Schedule 1 of the Original Agreement As Amended is further amended in respect of the New Port Hope Waste Management Facility by adding to the section respecting the Municipality of Port Hope, at the end of the text under the sub-heading "Materials to be accommodated:" the following: - for clarity, only Waste located within the boundaries of the Municipality of Port Hope, as they existed on January 1, 2001, will be accommodated in the New Port Hope Waste Management Facility.° 2. Part B of Schedule 1 of the Original Agreement As Amended is further amended in respect of the New Port Granby Waste Management Facility by adding to the section respecting the Municipality of Clarington at the end of the text under the sub-heading "Materials to be accommodated:° the following: - for clarity, only Waste located within the boundaries of the Municipality of Clarington, as they existed on January 1, 2001, will be accommodated in the New Port Granby Waste Management Facility." IN WITNESS WHEREOF this Amendment has been executed on behalf of the Municipality of Port Hope, the Municipality of Clarington, and Canada by duly authorized representatives. The Municipality of Port Hope Per: Linda Thompson, Mayor Susan Dawe, Municipal Clerk October , 2009 The Municipality of Clarington Per: Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk October 26"', 2009 Her Majesty the Queen in Right of Canada Per: Cassie J. Doyle, Deputy Minister Natural Resources Canada October _, 2009