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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