HomeMy WebLinkAboutPSD-011-11Staff Report # 1
Clar~ngton
Leading the Way
REPORT
PLANNING SERVICES
Meeting: COUNCIL
Date: January 31, 2011 Resolution #: C-~~~-1 1 By-law#: N/A
Report #: PSD-011-11 File #: PLN 33.3.10
Subject: DURHAM/YORK RESIDUAL WASTE PROJECT
ENERGY FROM WASTE ADVISORY COMMITTEE (EFWAC)
DATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-011-11 be received;
2. THAT a copy of Report PSD-011-11 and Council's decision be forwarded to the Region
of Durham, the Region of York, and Ministry of Environment; and
3. THAT all interested parties listed in Report PSD-011-11 and any delegations be advised
of Council's decision.
Submitted
Reviewed by:
avid J. Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
FUAA/sn/df
26 January 2011
CORPORATION OF THE MUNICIPALITY OF CLARINGT
REPORT NO.: PSD-011-11 PAGE 2
1.0 BACKGROUND
1.1 At the January 24, 2011 General Purpose and Administration Committee
meeting, staff were directed to prepare a report for Council on January 31, 2011,
as set out in the resolution below.
THAT the delegation of Wendy Bracken be referred to staff, including the Legal
Services Department for a report on the following:
requesting the Minister of the Environment for clarification on the intent of
the draft Terms of Reference of the Energy from Waste Advisory
Committee;
appointment of a Council liaison to the Energy from Waste Advisory
Committee; and
Clarification on the future position of the Municipality of Clarington
regarding having a peer review of the Certificate of Approval documents.
1.2 Faye Langmaid, Manager of Special Projects who was appointed by Council to
participate on the Energy from Waste Advisory Committee (EFWAC) on January
17cn 2011, attended the initial meeting of the group on January 20`n, 2011. The
public was not permitted to enter the meeting. No reason was provided for this
action.
1.3 The initial EFWAC meeting dealt with the draft terms of reference, draft complaint
protocol, a review of the EA process and approval. Comments are due on the
draft complaint protocol January 27`n, 2011. and on the draft terms of reference
February 10`n, 2011.
2.0 ISSUES RAISED IN GPA RESOLUTION #GPA-052-11 JANUARY 24, 2011
2.1 It is recommended the Minister of Environment be sent a copy of this report. It is
Staff's understanding that the draft terms of reference have to be reviewed and
approved by the MOE Director and Regional Director, that will be after. they have
been further reviewed and vetted with the Project Team and presumably the
EFWAC. As such, Staff have requested the Project Team forward the motion
Council passed on January 17t", 2011 #C-016-11(Attachment 1) in conjunction
with the comments provided to the Project Team (Attachment 2) on the Draft
Terms of Reference (Attachment 3).
2.2 Appointment of a Council liaison to the EFWAC is at the discretion of Council.
The Clerk has advised that it would be necessary to rescind the resolutions that
have been passed being Resolutions #C-017-11 (Attachment 1) and #C-036-11
(Attachment 4 -appointment of an alternate) if Council's wishes to appoint a
member of Clarington Council instead of either or both of the individuals
appointed by those resolutions.
REPORT NO.: PSD-011-11 PAGE 3
2.3 As part of the discussion on the draft complaint protocol at the EFWAC meeting,
the committee was informed that the Certificate of Approval (C of A) is being
submitted by the Operator, Covanta. The draft application for the C of A will be
submitted in or around the end of January. It is to include the draft complaint
protocol. Comments on the draft complaint protocol were requested by the Project
Team by January 27~h (Attachment 5).
2.4 The public members of EFWAC felt that the draft C of A application should come
before the committee prior to submission to the MOE; however, the Project Team
informed the committee that this is not part of their "advisory" role. Subsequently,
public members requested the Project Team keep the EFWAC members informed
of the application submission and any amendments to MOE. MOE does not notify
interested parties, rather MOE posts information to the Environmental Bill of Rights
(EBR) website.
2.5 For Council's information, review of a draft application is a lengthy process and
amendments to the application can be made throughout the process. The
Municipality will be requested to make comments by MOE on the C of A
application.
2.6 The Municipality in the Host Community Agreement set out its requirements for the
emission levels to be achieved in the C of A. The EA Approval has further
restricted the emissions identified in the Host Community Agreement.
2.7 The Municipality has the ability and will be asked by MOE to comment on matters
relating to the C of A and if as part of those comments the Municipality wishes to
conduct a peer review of certain aspects of the C of A it cah do so. Funds for such
a peer review have not been identified in the 2011 budget nor is this part of the
peerreview funding that was provided by the Region during the EA Process.
2.8 This Report has been reviewed by the Municipal. Solicitor.
Staff Contact: Faye Langmaid
Attachments:
Attachment 1: Resolutions #C-016-11 and #C-017-11
Attachment 2: Draft Letter on Draft EFWAC Terms of Reference to Project Team
Attachment 3: Draft EFWAC Terms of Reference
Attachment 4: Resolution #C-036-11
Attachment 5: Letter on Draft Complaint Protocol to Project Team
List of interested parties to be notified of Councils decision:
Lyndsay Waller, EFWAC Facilitator, EFW Project Team
Gavin Battarino, Ministry of the Environment
Wendy Bracken
Tracey Ali
Linda Gasser
Kerry Meydam
Doug Anderson
Attachment 1
To Report PSD-011-11
Council Meeting Minutes - 15 - January 17, 2011
convenient for public participation, and to report directly to Council; and,
suggesting that Regional Council be urged to appoint one or more of its
members to the Advisory Committee so that there is a direct reporting
relationship.
Resolution #C-D16-11
Moved by Councillor Neal, seconded by Councillor Partner
THAT the Advisory Committee for the Energy from Waste Project and all necessary
bodies including Durham Region be advised that the Municipality of Clarington
concurs with the position of DurhamCLEAR that Advisory Committee meetings for
the Energy from Waste Project should be open to the public and held at times that
are convenient for public participation; and
THAT Correspondence Item D - 7 be referred to the Director of Planning Services.
"CARRIED"
D - 8 Gioseph Anello, Manager of Waste Planning and Technical Services,
Regional Municipality of Durham and Dave Gordon, Manager, Waste
Management Program Planning and Policy, Regional Municipality of York,
requesting that, in accordance with Condition 8 of the Notice of Approval of
the Energy from Waste {EFW) Environmental Assessment requiring the
establishment of an Advisory Committee to ensure that concerns regarding
the design, construction and operation of the undertaking are considered
and mitigation measures implemented where appropriate, one (1)
representative member and one (1) staff/representative member be
appointed to participate on the Energy from Waste Advisory Committee.
The first meeting of the Advisory Committee will take place on January 20,
201 L
Resolution #C-017-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT Faye Langmaid, Manager of Special Projects, be appointed to participate on
the Energy from Waste Advisory Committee.
"CARRIED"
D - 9 Carolyn Downs, City Clerk, City of Kingston, advising Council that on
December 21, 2010, the City of Kingston adopted the following resolution
pertaining to Heads and Beds payment:
February 1, 2011
Lyndsay Waller, Facilitator
Energy from Waste Advisory Committee (EFWAC)
Regional Municipality of Durham
605 Rossland Rd. East
Whitby, ON L1 N 6A3
Dear Ms. Waller:
RE: ASSIGNMENTS FROM JAN 20, 201
DRAFT TERMS OF REFERENCE
FILE NO.: PLN 33.3.10
Please accept the following r
February 10, 2011 on the Draft
Draft Terms of Reference for
Item 1 - "The
between... vai
Given this as the purpot
limited to Qnly 3 enviror
that the meetings ara. cb
important members ~ tk
the attendance of the p
not fulfill the mandate of
in
NG
r request
Attachment 2
To Report PSD-011-11
by
transfer of information
of the committee it is not logical that the Membership (3.1) is
ental groups named by the Ministry in the EA Approval and
ed to the put~tie (8.1}. While the 3 environmental groups are
public they are not the entirety of the public. Further limiting
lic to only, the appointed members and their alternates does
ovding information to the public.
There was discussion at the meeting that there would be other venues and advisory
committees; howev€~r,, given that this appears to be the only committee set out in the EA
approval to satisfy the public `advisory role these clauses in the Terms of Reference
should be revised.
Item 3.1 -Please advise how clause 8.6 of the EA Approval is being addressed or can
be in the future, given the limitations that have been included in the draft Terms of
Reference.
"8.6 The proponent may also invite other stakeholders to participate in the advisory
committee, including, but not limited to, interested members of the .public,
Aboriginal communities, and other federal or provincial agencies."
It is our understanding from 8.11. in the EA Approval that the Terms of Reference will be
submitted to the MOE Director and Regional Director. Please advise the MOE Director
and Regional Director of Clarington's objection to these clauses, as set out in Council's
Resolution #C-016-11(attached).
Item 4 -The EFWAC shall "provide advice to help ensure that the commitments",
please reword this section. The EFWAC is only advisory and does not have any
approval authority. As such, they can only advise the Project Team and Regions, they
cannot ensure that the Project Team or Regions follow their advice.
Item 8.1 -Meeting times from 8:30 a.m. to
accommodates the majority of the members c
does not accommodate the public members'.
Some meetings could be after hours, especlf
that a wider group of the public might wish to
daytime and nighttime meetings to better r
commitments.
{U p.m. Monday to Friday, while this
e EFINA(as they are employees), it
provide for wider public participation.
if the presentation topic is something
id. There could' beta balance between
t evenlone's calendar and volunteer
"The meeting location may be subject to change once the EFW facilit~ is operational
and providing space is available." Fallowing the meeting on January 20 h, you called all
the members asking if holding meetings in' York vvas acceptable, there was no
discussion of this at tffe meeting itself. iUpon refleetivn since III the public members are
from Durham it would make- sense to hold the meetings in Durham to better
accommodate their participation. Meetings could be held in York if there was a specific
purpose (e.g. tour of a facility) but again an appropriate balance should be struck.
Terms of F
meetings of
and interes
requirement
participation
Yours truly,
if be closed to the public." There is: no reason for this clause to be in the
eference!and we' request that it be deleted. The public attended the
the EA Process Site Liaison Committee and were respectful, well informed
ted in the proceedings.,. Given their ongoing participation and the
by the EA approval to include certain groups as member stakeholders, their
should be respected and welcomed.
Faye Langmaid
Manager of Special Projects
FL:sn
cc: Mayor and Members of Council
Franklin Wu, CAO
Tony Cannella, Director of Engineering Services
Fred Horvath, Director of Operations
David J. Crome, Director of Planning Services
Attachment 3
To Report PSD-011-11
1. Purpose
Energy from Waste Advisory Committee
Terms of Reference
(Per the Minister of the Environment's Conditions)
The Energy from Waste (EFW) Advisory Committee (EFWAC) is established to
provide a forum for the transfer of information between,#tae facility design, build,
operate (DBO) contractor, various stakeholders including The Regional
Municipality of Durham (Durham) and The Regional Mtnicipality of York (York)
and the public during three distinct phases of the proj~s~ design, construction
and operation of the plant. ,fir."~ ~~`~~~
Mandate
Pursuant to Condition 8 of the M
Approval, the purpose of the EFWAC is f
design, construction and ope[~tion of the u'n~
mitigation measures are implanted where
will discuss any other related §fF~tegie~vaste
2. Scope of ~
The issues
Durham an
a) ;GQrf
d)
e)
9)
h)
k)
nent's (Minisr) Notice of
.concerns about the
are considered and
ate. Additionally, EFWAC
i and management issues.
ay dismiss and address information relevant to the
EFW facility include:
ance"~~tdYiforing Ptog~a°required by Condition 4;
Compliar. Report required by Condition 5;
~. ::
lint Pigtoco(iequired by Condition 6;
~r.
~ :v
mity , ' munications Plan required by Condition 7;
nual Reports required by Condition 10;
and Reporting Plan required by Condition 11;
Air Emisins Monitoring-Plan required by Condition 12;
Written report prepared and signed by the qualified professional required
by Condition 16.5;
Spill Contingency and Emergency Response Plan required by Condition
17;
Odour Management and Mitigation Plan and the Odour Management and
Mitigation Monitoring Reports required by Condition 18;
Noise Monitoring and Reporting Plan required by Condition 19;
I) Groundwater and Surface Water Monitoring Plan, the results of the
groundwater and surface water monitoring, program, the annual report on
the results of the groundwater and surface water monitoring program
required by Condition 20;
3.
3.1
3.2
3.3
Membership and Code of Conduct
Membership
As per Conditions 8.3, 8.4, 8.5, the Minister has mand that the Regions invite
the following to participate on the Committee. k '`~ ,
The EFWAC shall be comprised of one repro erifiative frdi{~ach of the following:
a) Each of the lower tier municipalites~iri"the Regional Municipality of
Durham ,~~~ •: ~~
~k.
b) Each of the lower tier municipalities in the Regional Municipa)iity of York
~:.
c) A staff member each from the Mumd~alities of Durham and York Regions
,~~<
d) Central Lake Ontano~nservation Authr~
e) DurhamCLEAR ~° ~~
f) Durham Enu ,mental 1Natch ,
g) Zero Wast~~~t'.#...~urning . X~~~.
meetings, will be provided to the following:
• ~~~~ representative from"Dut:~N"" and York's Health Departments
~ ~~,
r~•" Sta~'tresent~,afe from the Municipality of Clarington
~~~ .
-• Staff reps' '' ntatNt;ffom the Ministry of the Environment
Conduct
In actor '. a yritfl_Condition 8.10, Committee members, guests and the
facilitator sfirall:
• Strive to attend all meetings (excluding guests).
• Declare any situation which is, or has the potential to be, a conflict of
interest before agenda items are presented.
• Carry out their functions with integrity, and act in the best interests of the
mandate and the Minister's Conditions.
EFWAC Draft Terms of Reference (2011.01.10) paw p
• Act responsibly and fairly with the care, diligence and prudence of a
reasonable individual.
• Respect all viewpoints and follow rules of decorum.
• Ensure opinions expressed outside the Committee represent personal
viewpoints versus those of the Committee.
• Not use any information provided to the Committee for personal gain.
3.4
4.
Call for Membership
A letter will be sent to the Directors in each of
Durham and York inviting them to select a me
their seat. The non-government agencies wiEl
respective Administrator advising them of.:th~i
k$ ,
Committee. ,,:k ~k:
Expectations of Committee Mem
Durham and York acknou
constitute support for the
Members are expected to:
the code':"bf cond
U
Become
Environr
purpose.
he Ci~w€C-~i~r municipalities in
~t~er and a'n;alternate to represent
~Iso be senf~ett rs to the
seats as partits on the
on the Committee does not
ction 3.3).
the views of the organization and/or the
nembers may actively solicit the
community.
is in the approved Final Residual Waste Study
t Report and the Minister's Conditions.
if/where required.
In the
the Minister's Conditions, the Committee shall:
Review the implementation of the undertaking and provide advice to help
ensure that the commitments made by the proponents in the approved
Environmental Assessment are being met.
Not be used as a venue for review of the decisions associated with the
approved undertaking.
Not be an approval body or steering committee.
EFWAC Drag Terms of Reference (2011.01.10) Page 3 of 7
Not be a forum to solicit data or information on matters outside the
mandate of the Committee.
5.
6.
Expectation of the Facilitator/Roles
In contrast to the previous Energy from Waste Site Liaison Committee
established for the Environmental Assessment, the new Committee meetings will
be lead by a facilitator instead of a Chair, to ensure they are efficient and
effective. The facilitator will be appointed by Durham and''York and can be
removed or replaced only by the Regions. The facilitat''s expected to:
• Provide guidance and support to the con
agendas and determining the frequency.
• Manage the meetings and adherencev `kk
•rf~fi
• Ensure the committee adheres t { ~e ms
focused and in-scope.
• Moderate the discussion to ensure~bali
ideas.
• Encourage advice an '~h~dbar.~from all
• There will beano tolerare rule
others to h X eir opinions hey
• 5upporx and guid~;~tte Com ` "'e in
disruC~tFtjis to meetsr3as.
and that discussions are
and inclusive exchange of
make it difficult for
options for managing
• Call tl-meetin*t~~a~close if m'rng etiquette can not be maintained.
• P~riodica ~inf and ~5~'tuate'fhe membership. Membership will be
~" ~ ry`#ed bas~d.on the ability of members to carry out advisory duties,
~~,=` attends, an~v ether the current membership continues to meet the
needs and requir t of fulfilling the Committee mandate and the
Minister's editions.
of th'•(~roject Team (DBO contractor and Durham and York
Appoin't's senior team member(s) to be a regular resource person at
Committee meetings to provide project updates and respond to
Committee questions and comments.
Appoint a facilitator to ensure guidance, support and to maintain
constructive meetings.
meeting
protocols.
EFWAC Drag Terms of Reference (2011.01.10) Page 4 of 7
Appoint a staff liaison to the EFWAC to provide administrative, procedural
and technical support to the EFWAC. Durham liaison will be responsible
for minutes, agendas, uploading meeting minutes, coordinating flow of
information and other information which is deemed important to the project
website
Coordinate the attendance of other specialists as required to address
specific issues or reports. Upon request, the representatives of the DBO
Contractor and governmental /regulatory bodies s~iall ensure that all
studies and other information relevant to the EF . <'s mandate are made
available to the EFWAC. __
As per Condition 8.2 d) and Condition 5,
annual report summarizing the activities
7
8.
8.1
Alternates and Resignations
Alternates can be replaced by the
If a member's alternate is
the alternate will be an ok
If an alternate is present at
will be assumed to be_spea
Protocol
atam
qd not
in
team shall prepare an
~r the EFWAC.
at any
same time as the member,
ig rights.
member, the alternate
and Re ":. of Information
Sectibr$.9 oft "' MMinister's Conditions, the. initial meeting is to take place
three mortith`s of the slate of Environmental Assessment approval, on or
February 19; X2011 'Meetings should be held more frequently through the
i and construn stages.
'PFWAC shall meet annually at a minimum, with one meeting
sch~tj': I~d~~fter the DBO emissions and compliance reports have been
releas~and reviewed by members. The EFWAC will establish a meeting
schedule at its inaugural meeting. The EFWAC shall provide Durham and
York with a meeting schedule once times and dates have been
established.
• Meetings will take place during business hours, Monday to Friday from
8:30 a.m. to 4:30 p.m. Meeting dates must be determined such that they
are synchronized with other committees.
EFWAC Draft Temrs of Re/erence (2011.01.10) Page 5 of 7
The meeting location may be subject to change once the EFW facility is
operational and providing space is available.
All meetings will be closed to the public. Only members, alternates,
invited representatives, and guests making presentations may attend
meetings.
Meetings will follow a format of: review of comments from previous
meeting, presentation, comments and questions.
8.2 Minutes
• Minutes will be taken for each meeting ~ : ;.
~~ :.
• Previous minutes will be circulated andeviewed prorfo the subsequent
meeting.
~w
• Minutes will be approved at the stibsequeht meeting ~'~;:,.
,h:
• Once the minutes have been revi ~ d and~~pproved by the Committee,
they should be forwarded posted ol1t ~ "ect website. Final versions of .
other Committee maxer~als will also b ted on the project website,
within two weeks x ~~'°
it` M1
• Issues requiring follow-'jj., ill be~#~,~ssed at the next meeting.
8.3 Agendas ~~~~'``~ `~~"'
• Fina~gendas willf~'circulatec~~irior to the meetings.
• Agenda will b~.~re~ f,.,all meetings.
~~k '
• ;;fig, •, as Wi~j 1t~lude a prescribed duration for discussion of items.
w . ' Fina` eridas E be posted on the ro ect website.
... ~ :_ P 1
8.4 Pre;entations anliscussons at Meetings
• `,~k`quorum i~~t necessary for meetings to proceed.
• Si t~#~i~3ports and documents tabled for discussion at meetings will
inclu :;'~ presentation by the DBO Contractor or designate
• Each meeting will include an agenda item for review of community
feedback, concerns and complaints and complaint resolution.
• Where there is a need for furtherreview and/or comment on reports or
documents, members will be asked to provide comments two weeks prior
the next meeting so that the DBO contractor or designate will have the
opportunity to review and respond at the next meeting.
EFWAC Orek Terms o1 Reference (2011.01.10) Page 6 0/7
• The Committee will review member suggestions for invited guests who
might make a presentation on a topic that is in keeping with the
Committee mandate and the Minister's Conditions.
• Presentations should be vetted to the facilitator prior to the meeting two
weeks in advance.
• One presentation should be included per meeting, limited to 15 minutes.
• The Committee facilitator will inform members of
presentations during regular meetings.
• The facilitator will provide members or
advice, guidance and constructive sug
and materials.
9. EFWAC Dissolution
The Committee can be dissolved at artime by
there is no need to continue, having fulfiited the.:
decommissionin of thefacilit,. ~~'`
Terms of Reference (2011.01.10)
requests for
presentations with
sentation content
iers in recot~ition that
Conditions or upon the
Pege 7 of
Attachment 4
To Report PSD-011-11
Resolution #C-036-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT David Crome, Director of Planning Services, be appointed as the Municipality's
alternate member on the Energy from Waste (EFW) Advisory Committee.
"CARRIED"
Attachment 5
To Report PSD-011-11
.~ .~
Psncrglzhlg Ontario
January 24, 2011
Lyndsay Waller, Facilitator
Energy from Waste Advisory Committee {EFWAC)
Regional Municipality of Durham
605 Rossland Rd. East
Whitby, ON L1N 6A3
Dear Ms. Waller:
RE: ASSIGNMENTS FROM JAN 20, 2011 EFWAC REGARDING
DRAFT COMPLAINT PROTOCOL
FILE NO.: PLN 33.3.10
Please accept the following remarks in response to your request for comments by
January 28, 2011 on the draft Complaint Protocol. Comments on the Draft Terms of
Reference will be provided to you next week.
Draft Complaint Protocol
Introduction:
"(i.3 The proponent shall submit the Complaint Protocol to the Director within one
year from the date of approval or a minimum of 60 days prior to the start of
construction, whichever is earlier."
We are being asked for comments on the draft Complaint Protocol and no schedule was
presented for the overall project at the meeting, the EFWAC was informed that the draft
complaint protocol had to be submitted as part of the initial C of A submission which
was going forward at the end of January. As such this document is still draft and will
continue to be until the appropriate software is purchased, customized and tested. Can
fhe Project Team comment on how complaints will be handled in the interim? Also,
once the software is acquired and up and running it would be beneficial to revisit this
protocol with the EFWAC with an accompanying demonstration of the software.
Item 1.1 -Since the Municipality of Clarington has been identified and it is anticipated
that a number of complaints, concerns will be directed to the local municipality it would
be appropriate for a Project Team representative, familiar with the complaint protocol to
meet with and provide an overview to the Municipal Staff that it can be anticipated will
be referring complaints and concerns.
' CORPORATION OF THE MUNICIPALITY
:40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO - L3C
Appendix A - It would be worthwhile to include a box for "Referral from", and then the
name of the referral agency/individual.
Yours truly,
~/
aye Lang id
Manager of Special Projects
Flan
cc: Mayor and Members of Council
Franklin Wu, CAO
Tony Cannella, Director of Engineering Services
Fred Horvath, Director of Operations
David J. Crome, D'€rector of Planning Services