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HomeMy WebLinkAboutPSD-033-11Clarin n Leading the Way ~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 4, 2011 Resolution #: LPN '97-1/By-law #: N/A Report #: PSD-033-11 File #: PLN 33.3.10 Subject: DURHAM/YORK RESIDUAL WASTE PROJECT INTEGRATED WASTE MANAGEMENT COMMITTEE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-033-11 be received; 2. THAT a copy of Report PSD-033-11 and Council's decision be forwarded to the Region of Durham, the Region of York, and the Ministry of Environment; 3. THAT Attachment 2 the revised terms of reference for the EFW Waste Management Advisory Committee be endorsed as Clarington's comments and suggestions for the terms of reference; and 4. THAT all interested parties listed in Report PSD-033-11 and any delegations be advised of Council's decision. Submitted by: David ',liCrome, MCIP, RPP Director of Planning Services FUsn/df 28 March 2011 d by: nklin Wu, /~ Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-033-11 PAGE 2 1.0 BACKGROUND 1.1 At the February 3, 2011 meeting Regional staff presented 2011-J-15 to the Joint Finance and Administration and Works Committee. One of the recommendations of the report was that the terms of reference for the Integrated Waste Management Committee (Attachmentl) be forwarded to the Municipality of Clarington for input prior to consideration by Regional Council. Report 2011-J-15 was tabled; however, Regional and local staff met with regard to the terms of reference to discuss the issues and work towards an agreed upon terms of reference. 2.0 ISSUES WITH THE TERMS OF REFERENCE 2.1 Clarington Staff have suggested a number of changes to the terms of reference including: • clarify the mandate and purpose of this committee, • membership composition (e.g. who would make appointments), • the reporting relationship, • length of appointments to the committee, • election of the committee officers, • timing of the publication of the draft minutes, and • the name of the committee. 2.2 Attachment 2 to this report is a revised terms of reference that Regional Staff and Clarington Staff are for the most part in agreement on. 2.3 The one item of contention between the Regional and local staff is the appropriate name for the committee, Clarington is suggesting EFW-WMAC which would be Energy From Waste -Waste Management Advisory Committee. Clarington staff believe it is important to relate the committee and its mandate to the EFW and not just as a committee to address all manner of issues related to the waste management system operated by the Region. 3.0 REPRESENTATION ON EFW-WMAC 3.1 Once the terms of reference for the committee are approved by Regional Council, Clarington will advertise and appoint the public members that will represent Clarington on this Committee. In addition to the public members, Clarington Ward 1 local and regional Councillors are non-voting members as is a Clarington Staff representative. 3.2 At this time, it can be assumed that the staff representative will either be the Manager or Senior Planner for the Special Projects Branch in Planning Services. However, given the mandate of the committee and the items that may be brought forward, other staff members from Operations and/or Engineering Services may be more REPORT NO.: PSD-033-11 PAGE 3 appropriate, this can be evaluated and adjusted over time. As the Staff position is a non-voting member it does not require formal appointment by Council. 4.0 OTHER EFW RELATED COMMITTEES 4.1 The EA Approval for the EFW facility contained a number of requirements with regard to Committees and working groups. Some of these working groups will be staff driven, the meetings would be held during the day and not be open to the public. For instance, staff have been asked to sit on the Ambient Air Monitoring and Report Plan Working Group which will be developing the plan for monitoring and reporting. The actual monitoring and reporting is part of the role of the EFWAC. 4.2 The Site Plan application requires a number of meetings, again they are staff driven, held during the day and not open to the public. A number of meetings have taken place and will continue to until work on details of the site plan are satisfactory. When the plans have reached a stage of finalization they will be presented to Council. 5.0 CONCLUSIONS 5.1 The clarification to the mandate and purpose of the EFW-WMAC committee has been agreed to by Regional and local staff. The draft in Attachment 2 is more closely aligned with the purpose, as envisioned in the Host Community Agreement. 5.2 The revised terms of reference (Attachment 2) are similar to the terms of reference for the previous EFW Site Liaison Committee, which it is intended to replace, with regard to reporting relationship and membership composition. 5.3 The other revisions to the terms of reference will assist with the functioning of the committee. 5.4 Staff are recommending Council adopt the terms of reference with the understanding that Regional Council has yet to adopt the terms of reference and is the ultimate approval agency for the terms of reference. Staff Contact: Faye Langmaid Attachments: Attachment 1: IWMC terms of reference from 2011-J-15 Attachment 2: Revised EFW-WMAC Terms of Reference Attachment 3: Report 2009-COW-01 (referred to in Attachment 1 and Attachment 2) List of interested parties to be notified of Council's decision: Mirka Januszkiewicz -EFW Project Team Kerry Meydam Gavin Battarino, Ministry of the Environment Doug Anderson Wendy Bracken Linda Gasser Tracey Ali Attachment 1 To Report PSD-033-11 Integrated Waste Management Committee Terms of Reference 1. Purpose The Integrated Waste Management Committee (IWMC) is established to provide a forum for public and other stakeholders to monitor, review and liaise with the Regional Municipality of Durham (Durham) on the Integrated Waste Management System with a focus on Energy from Waste (EFW). The IWMC will satisfy the HGA and the Medical Officer of Health's report-2009-COW-01 obligations. Integrated Waste is a holistic approach to managing and understanding all materials in the waste stream and their place in the four R's regime: reduce, reuse, recycle, and recover. Mandate The IWMC will actin an advisory role to the Joint Regions-Contractor Committee on issues or concerns which arise with waste diversion, waste management and environmental performance and monitoring of the EFW Facility, including the design, construction and operational phases, and other related strategic waste diversion and management issues. The IWMC will be comprised of volunteers recommended by the Joint Regions-Contractor Committee, reporting to the Works Committee and appointed by Regional Council in accordance with the following Terms of Reference. 2. Scope of Activities The issues that the IWMC may discuss and address information relevant to Durham`s waste diversion programs, EFW Facility and disposal include, but are not limited to a) Review, discuss and improve IWMC's understanding of the environmental performance of the waste diversion, waste management and EFW facilities, and the requirements which govern them. b) Review, discuss, summarize andlor provide opinions about available information, including that pertaining to diversion objectives, environmental surveillance programs, independent environmental testing, public reporting of environmental surveillance data, environmental performance of the EFW Facility, and other related strategic waste management issues. 110 c) Identify and assess/study specific issues and concerns which may be related to or associated with the EFW or other waste management facilities, which are referred to the IWMC by the public, local governments, health professionals, etc., or otherwise comes to the IWMC's attention and to relay findings to the Joint Regions-Contractor Committee. d) Assist with the development and implementation of community outreach activities which support the growth and environmental awareness and appreciation in Durham in co-operation with other organizations where appropriate. This may include holding publioinformation sessions, educational workshops and participating in some community events. e) Review and discuss matters of public interest in Solid Waste Management and advice about emerging issues that may be associated with environmental and human health. f) Facilitate communication between stakeholders, and the Joint Regions-Contractor Committee. g) Provide forum for the residents to bring their concerns/questions or suggestions pertaining to the waste diversion programs and waste management facilities 3. Composition The IWMC will be comprised of volunteers selected at large from Durham reporting to the Joint Regions-Contractor Committee in accordance with the following Terms of Reference, until its dissolution. The IWMC will be comprised of nine members. Members shall not hold elected office (municipal, provincial or federal) and will be selected from Durham. All members are regarded as individuals and do not represent their respective employers or advocacy group in their capacity as an IWMC member. 4. Membership Membership shall consist of nine (g) residents from Durham. The IWMC must notify the Joint Regions-Contractor Committee of the need to seek replacement members. Members will be replaced in accordance with membership selection process outlined in Section 5 and/or 6 of these Terms of Reference. Non-attendance forthree consecutive meetings will be considered grounds for replacement. IWMC OraRTerms of Reference ~ ~ ,~ Page 2 of 6 Invitations to attend IWMC meetings will be provided to the following: • Staff representative from Durham's Works Department • Staff representative from Durham's Health Department • Staff representative from the Municipality of Clarington • Staff representative from the Ministry of the Environment • Senior staff representative of the Facility's DBO contractor and operator 5. Call for Membership Durham will advertise the opportunity to participate in the IWMC using local newspaper advertisement within boundary of Durham. Responses will be evaluated by Durham's senior Waste Management staff and recommended for appointment by Durham's Works Committee and Durham Regional Council. 6. Eligibility Criteria/Evaluation Interested residents from Durham must provide a detailed resume with a covering letter outlining their interest and their qualifications in being appointed on this Committee in addition to an essay of no more than 500 words as to why they should be selected for membership, and detailing their knowledge of the project. Previous participation or experience with committees/working groups will be considered an asset. Every potential appointee must disclose any obligation, commitment, relationship or interest that could conflict or may be perceived to conflict with his or her duties to or interests of the IWMC to which the potential appointee is seeking appointment. A conflict of interest could arise in relation to personal matters including: • Directorships or other employment. • Interests in business enterprises or professional practices. • Share ownership. • Existing professional or personal associations. • Professional associations or relationships with other organizations. • Personal associations with other groups or organizations, or family relationships... IWMC Drag Terms o)Reference Page 3 of 6 112 7. Officers One Chair to be appointed by the Committee within the first quarter. One Vice Chair to be appointed by the Committee within the first quarter. If a vacancy of any of the key roles occurs, a replacement will be appointed by the Committee. Roles Chair Shall manage and provide leadership. • Establish and maintain a positive meeting environment. Make presentations as requested. • Co-ordinate any exchange of information (advise, request for information, etc.) through the Waste Management Committee up to the Works Committee. Vice Chair Shall play role of chair in his/her absence. Durham Staff Liaison Shall prepare all meeting agendas, take minutes and provide to all members one week prior to the next regularly scheduled meeting. Shall keep a current and accurate statement of all expenses. Shall advertise each meeting in Durham area newspapers and update the website by posting approved minutes, annual reports and any other important meeting correspondence. 8. Support Services The Waste Management division of Durham's Works Department will appoint a staff liaison to the IWMC to provide administrative, procedural and technical support to the IWMC. The liaison will co-ordinate all requests for advice from the IWMC through meeting agendas with Works Committee and/or Joint Works Committees. IWMC Drag Terms or Reference Page 4 of 6 113 An annual budget of $20,000 will be administered to cover operational expenses of the Committee. IWMC members will be reimbursed for mileage expenses for attendance at IWMC meetings upon submission of an expense sheet. Any other funding requests must be submitted to the Joint Regions-Contractor Committee for consideration. Durham will provide space on its website to post information such as meeting minutes and other information which is deemed important. Upon request, the representatives of the Regions, Contractors and governmental/regulatory bodies shall ensure that all studies and other information relevant to the IWMC's mandate are made available to the IWMC. 9. MeetingslResolutions The IWMC shall meet quarterly throughout the year and run concurrently with Durham Regional Council. Meeting dates must be determined such that they are synchronized with other committees. The meeting location may be subject to change once the EFW Facility is operational and providing space is available. The IWMC will establish a meeting schedule at its inaugural meeting. The IWMC shall provide the Joint Regions-Contractor Committee with a meeting schedule once times and dates have been established. The Committee may choose to adjust the schedule, however, must ensure that one meeting will be held per quarter. Additional meetings may be held at the request of the IWMC Chair. All meetings will be advertised and any changes to the dates must be published two weeks in advance of the proposed meeting. All meetings will be open to the public and are subject to the Regional Procedural By-law # 20-2009. All decisions made by the IWMC will be based on a majority vote and a quorum must consist of 50 per cent plus one of the members. 10. Delegations to Meetings Any person wishing to appear as a delegate to the IWMC must submit a written request two weeks prior to the IWMC staff liaison advising of the topic on which they wish to speak to be included in the agenda. The staff liaison will forward information to the IWMC Chair. The Chair may determine if the delegation is relevant or ask the members to vote to hear or refuse a delegation which is considered non-relevant. Materials presented for any delegation must be provided one week beforehand. IWMC Graft Terms of Reference ~ ~ ~ Page 5 016 11. Minutes and Agendas Minutes from any prior IWMC meeting will be reviewed and approved at the subsequent meeting. Agendas should be prepared .and amended in advance of upcoming meetings to enable input from other members. Once the minutes have been reviewed and approved by the members, they should be forwarded to the Joint Regions-Contractor Committee and posted on the designated website for public information. Minutes will be received as correspondence at the Durham Works Committee. 12. Annual Reports An annual report summarizing the activities completed in the previous year shall be prepared by the IWMC and the staff liaison and forwarded to the Joint Regions-Contractor Committee. The report should include any suggested revisions to the Terms of Reference. The Chair of the IWMC will present their annual report, and any additional reports as requested to the Joint Regions-Contractor Committee. An annual review of the IWMC will be completed by the Joint Regions-Contractor Committee to determine the effectiveness of the Committee and ensure continued improvement. 13. IWMC Dissolution The Committee can be dissolved. at any time by the members in recognition that the requirements of Durham Report 2009-COW-01 and Host Community Agreement have been fulfilled and there is no need to continue or upon the decommissioning of the Facility. IWMC Oran Terms of Reference Page 6 115. Attachment 2 To Report PSD-033-11 EFW-Waste Management Advisory Committee Terms of Reference Purpose The EFW-Waste Management Advisory Committee (EFW-WMAC) is established to provide a forum for public and other stakeholders to monitor, review and liaise with the Regional Municipality of Durham (Durham} on-the Energy from Waste (EFW) facility including the how the waste is being sorted;,prior to arriving on-site. The success of the EFW facility will depend,€an.the diversion measures and waste separation (waste management) thatJ7appens at the'transfer stations and curb-side. The EFW-WMAC is being established to satisfy the Host Community Agreement (HCA) with the Municipality of Clarington and the Medical Officer of Health's Report 2009-COW-01 obligatiorts attached). Mandate The EFW-WMAC issues or concern environmental ;ptY construction artd i The EFW-WMAC appointed by Reg following Terms c 2. Scone. ofActiviti in an adYisory role nd ncil and Works Committee on iversoh, waste management, of the EFW Facility, including the ors from the Region of Durham Council in accordance with the The scope of activities hat the EFW-WMAC may undertake include, but are not limited to: a) Review, discuss and improve understanding of waste diversion and management that occurs before the waste arrives at the EFW facility. b) Review, discuss, summarize and/or provide opinions about available information, environmental surveillance programs, independent environmental testing, public reporting of environmental surveillance data, environmental performance for the EFW facility (as outlined in the Medical Officer of Health's Report 2009-COW-01 ). c) Identify, assess and study specific issues/concerns which may be related to or associated with the EFW facility or feeder waste management 3. system, including issues referred to the EFW-WMAC by the public, local governments, health professionals, etc., or that otherwise come to the EFW-WMAC's attention and to relay findings to the Works Committee. d) Advise on the development and implementation of community outreach activities which support the growth and environmental awareness and appreciation in Durham in co-operation with other organizations where appropriate. This may include public information sessions, educational workshops and participating in some community events. e) Review and discuss matters of public interest reg~ring the EFW facility and its processes, policies and operation. A~'on emerging issues that may be associated with environmental arrdf~~uman health. f) Facilitate communication between staketrolders g) Provide a forum for the residents to bring their concerrist~uestions or suggestions pertaining to the EFW facility. Composition The EFW-WMAC will be comprised of volunteers. selected at large from Durham in accordance with these Terms afEteference. The EFW-WMAC will be comprised of nine members. Members shall not hold elected office (munic[pal, provincal_or federal}. All members are regarded ~s individuals and do not represent their respective employers or advocacy group in their capacity as an EFW-WMAC member. it term and can be for a maximum of will be staggered to provide 4. shall consist of nine (9) residents from Durham. Five (5) resr~?lents ~nll be appointed by Durham Regional Council. Four (4) residents will be appointed by Clarington Council. The EFW-WMAC will notify the Works Committee or Clarington, as the case may be, of the need to seek replacement members. Members will be replaced in accordance with membership selection process outlined in Section 5 and 6 of these Terms of Reference. EFW-M4VAC Oraft Tenns o/Reference Page 2 of 7 Non-attendance for three consecutive meetings will be considered grounds for replacement. 5. Invitations to attend EFW-WMAC meetings will be provided to the following non-voting members: • Staff representative from Durham's Works Department Staff representative from Durham's Health Department • Staff representative from York Region Staff representative from the Municipality of Clarington Staff representative from the Ministry of the'Environment Senior staff representative of the FaCilitq's DBO contractor and operator The Ward 1 local and regional rne€rrbers of Clarington Council Call for Membership Durham will advertise the c local newspaper(s) within tl by Durham's Senior Waste appointment by Durh_am's ~ five (5) members Clarington Clari to participate in the EFW-WMAC using y of Durham: Responses will be evaluated snt staff and'~ecommended for imittee and Durham Regional Council for ~pporturaty to participate in the EFW-WMAC as a using Clarington's process for committee 6. Interested residerits from ~u[ham must provide a detailed resume with a covering letter outlir(ing their,hterest and their qualifications in being appointed on ttjis Committee. The submission of additional information on why they should be seCected for membership, detailing their knowledge of the EFW facility and the Environmental Assessment process and project will be considered. Previous part'rc(pation or experience with committees/working groups will be considered an'asset. Every potential appointee must disclose any obligation, commitment, relationship or interest that could conflict or may be perceived to conflict with his or her duties as part of the EFW-WMAC. A conflict of interest could arise in relation to personal matters including: Directorships or other employment. EFW-MWAC Draft Terms o/Reference Page 3 of7 7 • Interests in business enterprises or professional practices. • Share ownership. • Existing professional or personal associations. • Professional associations or relationships with other organizations. • Personal associations with other groups or organizations, or family relationships. Officers The Chair will be elected by the Committee and serve for a two (2) year term. The Vice Chair will be elected by the Committee and serve for a two (2) year term. If a vacancy of any of the key roles occucs~ a replacement will be etected by the Committee. Chair • Shall manage and provide leadership to ttse;committee. • Shall Chair meetings, ma€ntaining order, wFile allowing for discussion and input from committee members and sfaff represehtatives. • Shall estakh arcfmaintain a positive meeting environment. • Shalktttake presenfalons as requested, including at least one presertfation annuetly to Clarington Council and Durham Council. • Shall co-~dinate'-anyExnge ofnformation (advise, request for !information, etC:} through the E1N-WMAC to the Works Committee. • _ Shall act on behalf of Chair in his/her absence. • Shall prepare all meeting agendas and take minutes. • Shall keep a current and accurate statement of all expenses. Shall advertise each meeting in Durham area newspapers and update the website by posting minutes, annual reports and any other important meeting correspondence. EPW-MWAC Draft Temrs of Reference Page 4 8. Support Services The Waste Management division of Durham's Works Department will appoint a staff liaison to the EFW-WMAC to provide administrative, procedural and technical support to the EFW-WMAC. The staff liaison will co-ordinate all requests for advice from the EFW-WMAC through meeting agendas with Works Committee and/or Joint Works Committees. An annual budget of $20,000 will be administered to carer operational expenses of the Committee. _; EFW-WMAC members will be reimbursed far mileage expenses for attendance at EFW-WMAC meetings upon submission ofan expense sheet. Any other funding requests must be submitted, in advance to the Durham'~Iprks Department for consideration. Durham will provide space on its website minutes and other relevant irformation. Upon request, the representafi governmental/regulatory bodies information relevant!to he com WMAC. 9. Meetings/Resol utions such as meeting tors and s and other available to the EFW- ~Ifineet quarterly throughout the year. Meeting dates must :hat they are synchronized with other committees. The r tie subject to change once the EFW Facility is operational is available. The EFW-WMAC will establish a meeting ural meeting. The Committee may choose to adjust the rust ensure that one meeting will be held per quarter. nay be held at the request of the EFW-WMAC Chair. All ~tised and any changes to the dates must be published two the proposed meeting. All meetings wit/ be open to the public. All decisions made by the EFW-WMAC will be based on a majority vote. Quorum will be established by 50 per cent plus one of the members. EFW-MWAC Draft Terms of Reference Page 5 of 7 10. 11 12. Delegations to Meetings Any person wishing to appear as a delegate to the EFW-WMAC must submit a written request two weeks prior to the EFW-WMAC staff liaison advising of the topic on which they wish to speak for inclusion in the agenda. The staff liaison will forward information to the EFW-WMAC Chair. The Chair will seek input from the committee, as to whether a delegation should be heard, if the relevance of the delegation appears to be outside the mandate of the committee. Materials to be presented by a delegate shall be provided one week in! advance of the meeting. Minutes and Agendas Agendas should be prepared and meetings. week in advahde of upcoming Following the meeting, minutes will be cirC specified time period to comment. The mi draft" to the Works Committee and posted ~y a=mail. Members will have a ~Ilf then be submitted as "final Regional website. The minutes will be adopted at the next The "final draft" minutes will be Works CommitteeR at the Durham Annual -- - An annual repormrrrarizing tare activities of the previous year shall be prepareri: by;the EF{r'f/=/MAC and the staff liaison and forwarded to the Works Committee anf Glaring#~n Council. The report should include any suggested revisions to the Terms tip°Reference. of the EFW-WMAC will present their annual report, and any additional requested to the Works Committee/Regional Council and to Clarington Cou An annual review'bf the EFW-WMAC will be completed by the Works Committee to determine the effectiveness of the EFW-WMAC and ensure continued improvement. Clarington will be consulted on any changes to the terms of reference. EFW-MWAC Dreft Terms of Reference Page 6 of 7 13. EFW-WMAC Dissolution The Committee can be dissolved at any time by Regional Council, in consultation with Clarington Council and the members providing that the requirements of Durham Report 2009-COW-01 and Host Community Agreement have been fulfilled or upon the decommissioning of the Facility. EFW-MWAC Draft Temrs of Reference Page 7 of 7 ATTACHMENT # 3 TO REPORTffi PSO-033-J1 Report To: Chair R. Anderson and Members Committee of the Whole Report No.: 2009-COW-07 Date: June 16, 2009 SUBJECT: EFW Risk Assessment and Environmental Surveillance RECOMMENDATION: That the Committee of the Whole recommends to the Regional Council that: a) The final Site Specific Human Health Risk Assessment (SSHHRA) for the proposed 140,000 tonnes EFW facility is accepted and submitted to the Ontario Ministry of the Environment for its review, if and when the EFW environmental .assessment is approved, subject to it being in concordance with the caveats expressed in Appendix D of this report; b) That if the EFW environmental assessment is approved and the proposed EFW facility is constructed, once operational, . an environmental surveillance program is implemented in accordance with all applicable legislation, policies, guidelines, and instruments and the following guiding principles: i. That continuous and periodic stack testing of chemical emissions, including dioxins and furans, that meet or exceed the more stringent of the Ontario Guidelines A-7 and EU Directive chemical emissions standards forms the basis of environmental surveillance in accordance with the International Best Practices Review, ii. That stack testing be supplemented by independent ambient air and soil testing for a minimum of three years at which time its effectiveness will be evaluated, iii. That independent testing of flora and fauna be considered if in-stack, ambient air and soil test results regularly exceed levels predicted by the SSHHRA, iv. That stack testing not be supplemented by human biomonitoring, v. That the environmental surveillance results are communicated to the public in as an accessible, accurate, open, timely, transparent, and understandable a manner as possible, w e-~ Report No.: 2009-COW-01 Page No: 2 vi. That a Durham waste diversion and management advisory committee, or similar advisory group, which is appointed by and is accountable to the Regional Council, is in place to act as a forum for, and comprises Clarington and Durham residents and representatives from Clarington, the EFW facility, Ontario Ministry of the Environment (MOE), and the Region of Durham to assess, monitor, review, and advise the Region on the effectiveness of the environmental surveillance program, independent environmental testing, the quality of public reporting of environmental surveillance data, the environmental performance of the facility, and other related strategic waste diversion and management issues, vii. That the Health Department is consulted by the MOE before it finalizes its requirements for the Region's environmental .surveillance program; c) Tfiat the Region continues to pursue the goal of 70% waste diversion and to advocate for amendments to the Waste Diversion Act, 2002 to be enacted and implemented; d) That the Region adequately supports the environmental surveillance program, independent environmental testing, the public reporting of environmental surveillance data, and the work of the proposed Durham waste diversion and management advisory committee; e) That the Minister of the Environment, Durham's MPPs and municipalities, Joint Waste Management Group, Site Liaison Committee, and the Regional Municipality of York are so advised. REPORT: A. BACKGROUND 1. The Health Department first became involved in the EFW environmental assessment (EA) on June 20, 2007, when the Regional Council requested that the Commissioner & Medical Officer of Health (MOH) comment on the Durham/York Generic Human Health Risk Assessment (GHHRA) and review the health-related chapters of the Halton EFW Business Case. 2. Owing to the Health Department's limited in-house experienc regarding this matter, the MOH commissioned Dr. Lesbia recognized expert in occupational and environmental health, Halton 4a Report, review the GHHRA, and provide advice on surveillance. e and expertise Smith, awell- to review the environmental goo Report No.: 2009-COW-01 Page No: 3 3. Dr. Smith's main conclusions are summarized in Report #2007-MOH-20 and the Executive Summary of her report to the MOH (Appendices A & B). The key conclusions with respect to this report are as follows: • In essence, the Halton 4a Report concluded that EFW facilities using . modern (thermal) methods and pollution control technology are not expected to pose a significant risk to the public. In addition, the Report stated that any new EFW facility should be subject to a site specific risk assessment to identify local issues and ensure that it will not pose a risk to the public. • The current epidemiologic literature (2000-2007) is inconclusive and does not demonstrate one way or another that modern incinerators have associated health effects on the people living around them. This conclusion is not materially different from the inference made in the Halton 4a Report. • Risk assessment is the only procedure that can produce quantitative estimates of predicted health effects. The GHHRA was properly carried out. The methods are clearly explained, are reproducible and err on the side of health protection or "conservatism". Any future site specific risk assessment should apply upset conditions, if situations with upset conditions are relevant to the EFW facility. • Epidemiology, risk assessment and biological monitoring assist regulatory and public health agencies and improve public understanding of human health and the environment. Because each method can have limits and challenges, a combination best serves public health. Environmental quality oversight and health surveillance can promote engagement of communities with industry, regulatory and public health agencies and can be considered part of a responsible .program for environmental monitoring. 4. In accordance with additional directions the MOH received from the Regional Council to ensure an independent peer review of the site specific human health risk assessment (SSHHRA) and to provide advice on environmental surveillance, Dr. Smith was also retained by the MOH to provide him with advice with respect to the SSHHRA for the proposed 140,000 tonnes EFW facility and the international environmental surveillance best practices review, both of which are discussed below. Report No.: 2009-COW-01 Page No: 4 B. SITE SPECIFIC HUMAN HEALTH RISK ASSESSMENT ISSHHRA) 5. The SSHHRA conducted by Jacques Whitford (JW) used the following standard framework: problem formulation, exposure assessment, hazard assessment, and risk characterization. Appendix C is SSHHRA's draft Executive Summary. Overall, the results of the SSHHRA indicate that it is not expected that the proposed EFW will lead to any adverse health risks to local residents, farmers or other receptors in the local risk assessment study area. 6. The SSHHRA was peer reviewed by Dr. Smith and her associate, Mr. Ross Wilson, an experienced risk assessor and certified toxicologist. Appendix D is their report In summary, they support the findings of the JW SSHHRA, consider the methodology to be sound, and conclude that the proposed EFW facility should not pose unacceptable risks to persons living in the vicinity of the site. C. ENVIRONMENTAL SURVEILLANCE 7. Environmental surveillance was explored in far more depth in the report "Review of International Best Practices of Environmental Surveillance for Energy-From-Waste Facilities" (Best Practices Review). The focus of this study was to review environmental surveillance programs at similar facilities around the world and to recommend an appropriate level of environmental surveillance for the proposed EFW facility. 8. Appendix E is the report's Executive Summary. In essence, the JW concluded that the most appropriate and scientifically justified option for environmental surveillance of the proposed Durham/York EFW facility would involve continuous and periodic stack testing of chemical emissions (Option 1). This option was found to be the most prevalent method of ensuring public and environmental health protection in Canada, the EU, and the USA. To ensure added protection, JW supported Regional Council's decision to adopt the more sVingent of the Ontario Guideline A-7 and EU Directive chemical emissions standards and to implement an in-stack dioxins and furens sampling technology. These measures go beyond any requirements that would be derived from the JW's review. 9. Dr. Smith conducted an independent peer review of this study. Her advice to the MOH is found in Report #2009~1-17 (Appendix F). In essence, Dr. Smith agreed with the JW's conclusion that Option 1 is optimal and derives from the study. In her opinion, the community living outside the point of impingement and the public-at-large would not be at risk from the public health perspective if this surveillance option is chosen. Finally, Council's decision to adopt the more stNngent of Guideline A-7 and EU Directive chemical emissions standards and to implement an in-stack dioxins and furans sampling 4OA Report No.: 2009-COW-01 Page No: 5 technology is concordant with a highly protective approach to health and the environment in Durham Region. 10.Both Dr. Smith and JW recommend that an independent environmental oversight committee- be struck to ensure public participation in the environmental surveillance program and to evaluate its efficacy in protecting public and environmental health. D. WASTE DIVERSION 11.During the EFW EA public consultation, considerable attention has focused on waste diversion and the concepts of "zero waste" and "extended producer responsibility." This has also been an area of intense importance, focus and activity by the Region of Durham and Province of Ontario. 12.For example, locally, on January 23, 2008, the Regional Council passed a resolution that directed the Region of Durham to aggressively pursue at least a 70% diversion rate on or before December 2010, Golder Associates was retained to investigate existing and potential options, including the enhancement of public education and engagement, and to develop a plan that will allow the Region to achieve this goal. The study's recommendations, which are summarized in Commissioner's Report #2009-WR-5, are currently being analyzed and the results will be presented in the 2010 Annual Solid Waste Servicing and Financing Study, as is the final evaluation of the Clear Bags Pilot Program that was conducted from January to April 2009 in Clarington and Pickering (Commissioner's Reports #2008-WR-20, 35, & 38 and #2009-WR-12). Finally, Works staff has prepared, for public consultation, a draft waste management by-law "to help manage the Region's standardization of solid waste collection services and to guide the service delivery on private roadways as the Region navigates towards [70%] diversion." 13.Provincially, Ontario is proposing to adopt a zero waste vision to help reduce waste, increase diversion, and build a greener economy and more sustainable society. In accordance with the Waste Diversion Act's (WDA's) mandatory five year review, in October 2008, the MOE released "Toward a Zero Waste Future: Review of Ontario's Waste Diversion Act, 2002." In the discussion paper, the MOE proposes that the first steps in striving towards zero waste should be built upon four key building blocks: • A clear framework built upon the foundation of Extended Producer Responsibility. • A greater focus on the first and second of the 3Rs -waste reduction, and re-use. • Increasing reduction and diversion of waste from the industrial, commercial & institutional sectors. ~a~ Report No.: 2009-COW-01 Page No: 6 • Greater clarity around roles responsibilities, and accountabilities, to ensure that all players are contributing to a common goal. In April 2009, the proposed changes to the WDA were endorsed, in principle, by the Regional Council in accordance with Commissioner's Report #2009- WR-2. E. a) Risk Assessment 14. Risk assessment (RA) is the only procedure that can produce quantitative estimates of predicted health effects. Moreover, RA follows a standard format, is reproducible, and errs on the side of conservatism. JW followed the methodology used in the Generic HHRA, which peer reviewers, including Dr. Smith, deemed acceptable. 15. The key findings of Dr. Smith's and Mr: Wilson's review of the JW SSHHRA can be summarized as follows: • The key receptors, chemicals and exposure pathways have been evaluated. • The methods used to estimate exposures are considered appropriate. • The toxicological reference values used are reasonable and drawn from a variety of reliable international sources. • The risk characterization results are defensible. In other words, the SSHHRA can be considered to be satisfactory. The proposed EFW facility is not expected to cause any appreciable change in the concentrations of chemicals in air, soil, dust, water or food. If the proposed EFW facility performs as specified and assumed in the SSHHRA, it will not pose an unacceptable risk to persons in the vicinity of the site and, by extension, to residents living beyond the site. Subject to any final revisions to the exposure point concentrations having been made, the SSHHRA is ready to be submitted to the MOE for its review, if and when the EFW EA is approved. b) Environmental Surveillance 16. In its Best Practices Review, JW was very clear that the most appropriate and scientifically justified option for environmental surveillance of the proposed EFW facility would involve continuous and periodic stack testing of emissions, including in-stack dioxins and furans sampling technology, that meet or exceed stringent chemical emissions standards {Ontario Guideline A- 7 v. EU Directive). Dr. Smith concurred with this finding and concluded the community living outside the point of impingement and the public-at-large 4Q7 Report No.: 2009-COW-01 Page No: 7 would not be at risk from the public health perspective if this surveillance option is chosen. 17. During the EFW EA public consultation, however, a consensus has emerged that it would be beneficial to supplement stack testing with ambient air and soil monitoring, which is independently tested for a minimum period of three years in order to "ground truth" the chemical emissions predicted in the EA. This would be prudent course of action and is supported by Dr. Smith (Appendix D). Moreover, Dr. Smith advises that it would also be prudent to consider adding flora and fauna to the environmental media being independently tested if in-stack, ambient air and soil test results regularly exceed levels predicted by the SSHHRA. Flnalty, at the end of this three-year period, it would also be prudent to formally evaluate these additional monitoring activities to ascertain whether they are effective, useful, and if continued, what, if any, revisions need to be made. For the masons outlined in the Best Practices Review coupled with the above supplemental testing being in place, human blomonitoring should not be used to supplement stack testing. This is also supported by Dr. Smith (Appendix D). The Health Department should be consulted prior to finalizing the environmental surveillance program and during any and aU subsequent reviews. 18. The environmental pertormance of the proposed EFW facility should be communicated in as an accessible, accurate, open, timely, transparent, and understandable a manner as possible. 19. The environmental oversight committee recommended by Dr. Smith and JW should be independent, appointed by and accountable to the Regional Council. The Committee should be comprised of Clarington and Durham residents and representatives of the proposed EFW facility, MOE, and the Region. The Committee should assess, monitor, review, and advise the Region on the environmental surveillance program, independent environmental testing, the quality of the public reporting of emissions and environmental surveillance data, and the environmental performance of the facility. The Committee should be empowered to discuss and advise the Region on other related strategic waste diversion and management issues. Given the importance of waste diversion discussed below, consideration should be given to naming the committee the Durham waste diversion and management advisory committee. 20. In developing the proposed advisory committee's terms of reference,. it may be instructive to review the mandate of the Durham Nuclear Health Committee (DNHC) which has been in place for over 12 years (Appendix G) Perhaps it should be noted that the concept of a DNHC originated in 1992, when its creation was recommended by the former Environmental Assessment Advisory Committee that reviewed the Ajax Water Treatment ~G2 Report No.: 2009-COW-01 Page No: 8 Plant environmental assessment because local residents were concerned about the human health effects of tritiated water emitted by the nearby Pickering Nuclear Generating Station. d) Waste Diversion 21. During the EFW EA public consultation, another consensus has emerged such that the Region of Durham should embrace and strive towards the concept of "zero waste". It is acknowledged that the Region has exceeded the long-term waste management strategy's waste diversion goal of 50%. Accordingly, Council has set a new stretch goal of 70% by December 2010 and Works staff are exploring ways and means of reaching this goal such as by retaining Golder Associates {GA} to prepare the 70% Waste Diversion Study; by implementing the Clear Bags Pilot Study in Clarington and Pickering; and by developing a draft Waste Management By-law for public consultation. Further options will be explored and included in the 2010 Annual Solid Waste Servicing and Financing Study. 22. Given Durham's ongoing population growth, it is important for the Region and its residents to embrace the concept of zero waste and for the Region to aggressively pursue a waste diversion goal of at least 70%, in accordance with all the measures cited above, with attention being paid to enhanced public education and engagement, in order to reduce the demand for waste disposal however this is managed. 23. The Region cannot achieve zero waste or a waste diversion goals >70% by itself. To this end, for example, It is important for Ontario to complete its deliberations on zero waste, amend the WDA in accordance with the discussion paper and advice received, and to implement and enforce such measures as extended producer responsibility. The Region should closely monitor this file and advocate for the proposed changes as required. d) Regional Suaaort 24. In order for the environmenta! surveillance program, independent environmental testing, public reporting of environmental surveillance data, and the work of the proposed Durham waste diversion and management advisory committee to be successful, the Region should ensure that it has sufficient internal capacity and that sufficient financial and human resources are allocated to support these measures. This issue should be addressed in the appropriate Regional business planning and budgeting exercises. G. CONCLUSION 25. In conclusion, the following recommendations are made: 40A Report No.: 2009-COW-01 Page No: 9 • That the final SSHHRA for the proposed 140,000 tonnes EFW facility is accepted and submitted to the MOE for its review, subject to it being in concordance with the caveats expressed in Appendix D of this report; That once the EFW facility is operational, an environmental surveillance program is implemented in accordance with the above recommendation b); • That the Region continually pursues the goal of 70°/. waste diversion and advocates for enactment and implementation of the proposed amendments to the WDA; and • That the Region adequately supports the environmental surveillance program, independent environmental testing, public reporting of environmental surveillance data, and the work of the proposed Durham waste diversion and management advisory committee. H. REFERENCES 26. In addition to the reports cited above, the MOH was greatly assisted in increasing his knowledge and understanding of this matter by his reading of the following publications, in whole or in part: • Environmental and Workplace Health. 2004. Canadian Handbook on Health impact Assessment Ottawa, ON. Health Canada. • Goldstein 8D. 2006. Advances in Risk Assessment and Communications. Annual Review of Public Health. 26: 141-63. • Grandjean P. 2004. Implications of the Precautionary Principle for Primary Prevention and Research. Annual Review of Public Health. 25: 199-223. • Leiss W, Chociolko C. 1994. Risk and Responsibility. Kingston, ON. McGill- Queen's University Press. 404 pp. • National Research Council. 2000. Waste Incineration 8 Public Health. Washington, DC. National Academy Press. 335 pp. • Ross W et al. 2000. Decision-Making Framework for identifying, Assessing, and Managing Health Risks. Ottawa, CA. Health Canada. 75pp. Respectfully submitted, R.J. K , MD, MHSc, CCFP, FRCPC Commissioner 8~ Medical Officer of Health