HomeMy WebLinkAboutPD-196-92 TFiE COR~A~"I® C®' TFt °fV+l O CAST"L
DN: DETOX.GPA
Meeting: General Purpose and Administration Committee Fila # ..-~~
[date: Tuesday, September 8, 1992 des°~
Eiy-Lair
Report PD-196-9~ile Pln. 17.4.7
Subject: PROPOSED WASTE PROCESSING/TRANSFER FACILITY
DETOX ENVIRONMENTAL LTD.
PART LOT 5, B.F.C., FORMER TWP. OF DARLINGTON (322 BENNETT ROAD)
FILE: Pln. 17.4.7
o~rr~rner~atioa:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-196-92 be received;
2. THAT the Ministry of the Environment be advised:
a) THAT the proposal by Detox Environmental Limited to establish
a waste processing and transfer facility conforms to both the
Town of Newcastle Official Plan and the Town of Newcastle
Comprehensive Zoning By-law 84-63 as amended;
b) THAT the Town has no objection to the application by Detox
Environmental Limited for a Provincial Certificate of Approval
to operate a waste processing and transfer facility;
c) THAT the Town can find no justification for not holding a
hearing by the Environmental Assessment Board; and
3. THAT the Ministry of the Environment, the Durham Region Planning
Department, Gordon Mills, M.P.P., and all interested parties listed
in this report and any delegation be advised of Council's decision
and be forwarded a copy of this report.
1. BACKGROUND
1.1 On July 27, 1992, Council considered a letter from the
Ministry of the Environment, dated July 6, 1992, in respect
of the application by Detox Environmental Limited for a
Provisional Certificate of Approval to operate a Waste
Disposal Site (Processing) on their site at 322 Bennett Road,
Bowmanville. The letter stated that Ministry Staff intended
to recommend to the Director of Approvals that a hearing by
THIS IS PnINrE~ EGYCLED PA f'Ef!
REPORT NO.: PD-196-92 PAGE 2
the Environmental Assessment Board in respect of the
application by Detox was not necessary. Council comments on
this position were requested by August 31, 1992. Council
resolved to refer the correspondence to the Director of
Planning for review and preparation of a report for submission
to Committee.
1.2 Staff requested the Ministry to extend the deadline for
submission of comments given Council's direction and Council
recess through August. The Ministry subsequently extended the
deadline to September 30, 1992.
1.3 On Auqust 14, 1992, the Town received a letter from the
Ministry which advised that the incorrect form letter was
. forwarded in respect of the application by Detox. This new
letter indicates that, "for an application of this type, a
hearing will be held if a site is used to process, hold,
condition or otherwise receive but not dispose of either
liquid industrial wastes or hazardous wastes, unless
sufficient justification is presented for not holding a hearing."
The letter further stated that Council may provide comments
to the Ministry on whether there is sufficient justification
for NOT holding a hearing.
2. EXISTING DETOX OPERATIONS
2.1 Detox Environmental Ltd. provides waste processing services
for a range of industrial clients in Durham Region and
elsewhere. The company currently operates under a Provisional
Certificate of Approval from the Ministry of the Environment
which only permits them to transport wastes from the site of
origin to appropriate disposal or treatment facilities.
2.2 Detox has occupied the former Automotive Paint and Plastics
facility at the southwest corner of Bennett Road and Highway
401 in the South Bowmanville Industrial Park for approximately
3.5 years (Attachment No. 1). The site, which has an area of
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REPORT NO.: PD-196-92 PAGE 3
about 0.87 ha (2.2 acres), is currently only used for vehicle
parking, maintenance and equipment storage. Detox is
connected to the municipal water supply, while sewage
treatment for domestic purposes is provided by an on-site
septic and the bed. The company currently has eleven full
time employees and has an annual payroll in excess of
$450,000. Attachment No. 2 is information from Detox
explaining its operation and its proposal.
3. PROPOSED WASTE PROCESSING AND TRANSFER OPERATION
3.1 Overview
3.1.1 Detox plans to expand their operations by initiating the
transfer and processing of liquid industrial and hazardous
wastes at the Bennett Road facility. The facility would be
designed to handle or process all waste classes except PCBs,
pathological wastes, and explosive wastes. Detox estimates
that paints and solvents, oils/greases/oily waters, and acids
and alkalis would make up 90% of the material handled. The
remainder would be a broad range of materials such as
pharmaceutical, lab chemicals and household hazardous wastes.
3.1.2 All material received would be handled and stored inside the
existing building, the east half of which is of explosion-
proof design. The facility would be capable of receiving up
to 220,000 L/48,400 gal. of waste per day (65,000 L/14,300
gal. liquid industrial, 25,000 L/5,500 gal. non-hazardous
solid industrial, and 130,000 L/28,600 gal. hazardous). Waste
would be stored for a maximum of ninety days prior to being
transferred to a disposal facility or other industries.
3.2 Process Operations
3.2.1 Two main process operations would occur at the Detox facility.
Solvent blending would involve the processing of organic
liquids and sludges into a fuel blend within a targeted heat
value range. This process would take place inside the
explosion-proof east side of the building. The fuel blend is
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REPORT NO.: PD-196-92 PAGE 4
then sold to other industries as a secondary fuel. As well,
clean oil would be extracted from dirty oil and oily water. and
sold to other users for reuse.
3.2.2 Inoraanic processing would involve mixing compatible acids and
alkaline materials to effect neutralization. In most
reactions, a solid precipitate would form. After mixing, the
solutions (with entrained solids) would be pumped through a
filter press for solids removal. The filter cake and filtrate
would be stored prior to disposal at a Regional Water
Pollution Control Plant. Filter cake with a sufficiently
high metal content would be sold to other industries for
reuse.
3.2.3 Detox estimates that from 50% to 75% of the material, received
at the plant is ultimately recycled or reused in other
industrial processes.
3.3 Waste Transfer
3.3.1 The facility would also function as a consolidation point for
material which is subsequently trans-shipped (that is,
transferred from its original container to another container
for shipment). Chlorinated solvents and sludges would be
stored and trans-shipped in bulk. Pharmaceutical, cosmetics,
pesticides and small volume aerosol cans would .also be
transhipped. Laboratory packs with significant quantities of
solvents may have the solvents withdrawn and blended, and the
remaining contents of the pack repackaged.
3.4 Environmental Controls
3.4.1 Detox proposes to implement a number of environmental control
measures. The internal sprinkler system is connected to
municipal water. Sills and dedicated dyking would be used for
spill or leak containment, with appropriate sorbent materials
stored within each area. A passive spill containment area
with a capacity to hold 13,600 L (3,000 gal.) would be
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REPORT NO.: PD-196-92 PAGE 5
established in the exterior loading dock area. As part of
their future expansion plans, Detox plans to replace this
passive spill containment area with an in-ground spill holding
tank with a capacity sufficient to hold the contents of the
largest on-site storage tank plus the contents of a typical
bulk tanker.
3.4.2 A quality assurance/quality control laboratory would be
established on-site to ensure acceptable control of incoming
wastes and shipped materials. The only anticipated source of
continuous atmospheric emissions, would be exhaust from the
analytic laboratory, although intermittent emissions could
consist of tank breather vent emissions and fugitive emissions
from doors and windows . A Certif icate of Approval is required
to operate the exhaust fan in the lab.
3.5 ProDOSed Extiansion
3.5.1 Detox plans to add a 372 sq. m. (4000 sq. ft. ) addition to the
existing building in the future as demand warrants. Storage
capacity would be expanded to about 460,000 L (100,000 gal.).
Detox has indicated their expanded operation would employ
approximately 25 to 30 employees and have an ,annual payroll
over $1.5 million. Detox would be required to apply to the
Ministry of the Environment to revise their Certificate of
Approval in order to expand their operation. The Town would
be provided the opportunity to submit comments to the Ministry
on any application by Detox to expand their operation.
4. OFFICIAL PLAN AND ZONING BY-LAW CONFORMITY
4.1 Town of Newcastle Official Plan
4.1.1 The Detox site is designated 'Industrial' by the Town of
Newcastle Official Plan'. The Plan defines General Industrial
uses as "industries, warehouses or industrial services whose
operations are of a manufacturing assembly, repair, storage
or wholesaling nature, substantially enclosed in buildings,
without offensive characteristics and compatible with the
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REPORT NO.: PD-196-92 PAGE 6
amenity of other uses of the Urban Area." The proposed Detox
operation falls within the definition of a general industrial
use and therefore would be permitted by the Official Plan.
4.2 By-law 84-63, the Town of Newcastle Comprehensive Zoning Bv-
law
4.2.1 The Detox site is zoned 'M1-Light Industrial' by By-law 84-
63, the Town of Newcastle Comprehensive Zoning By-law.
Permitted uses within this zone include "an assembly,
manufacturing, fabricating or processing plant within a wholly
enclosed building or structure". The By-law defines such a
plant as one "in which the process of producing any product,
by hand or mechanical power and machinery, is carried on
systematically with division of labour". The neutralization
of various acids and alkalis, and the processing of various
organic liquids and sludges into a fuel blend for resale by
Detox would be permitted in the 'M1' zone.
4.2.2 The 'M1' zone also permits "a warehouse for the storage of
goods and materials within a wholly enclosed building or
structure". The By-law defines a warehouse as "a building or
part of a building used for the storage and distribution of
goods, wares, merchandise, substances, articles or things...".
In this regard, the Detox storage operation would be similar
to any other industry and would fall within the definition of
a 'warehouse'.
4.3 Site Plan Aareement
4.3.1 In 1984, the Town entered into a site plan agreement with
Automotive Paint and Plastic, the previous owners of the Detox
site. Detox is planning to make some minor modifications to
the site - for example, replacing an existing grassed area on
the west side of the building with gravel, and constructing
a spill containment berm outside the loading dock. Amendments
to existing site plan is required to incorporate the above
changes. Detox will also be required to make application for
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REPORT NO.: PD-196-92 PAGE 7
site plan approval if they wish to proceed with any future
building expansion.
5. NEED FOR A HEARING BY THE ENVIRONMENTAL ASSESSMENT BOARD
5.1 Detox has applied for a Provisional Certificate of Approval
under Part V of the Environmental Protection Act (EPA) to
operate a waste disposal (processing) facility. Part V sets
out the prohibitions and requirements related to the
management of waste. With an EPA application, the proponent
is required to describe the impact of the proposed undertaking
on the natural environment (ie. air, land and water). The
Ministry of the Environment, in its review of the application,
must be satisfied as to the potential impact on the natural
environment. Issues related to social, economic or cultural
impacts are not addressed in the review of an EPA application.
5.2 The Ministry of the Environment has indicated that a hearing
by the Environmental Assessment Board would normally be
required in respect of the application by Detox for a Waste
Disposal Site (Processing), unless sufficient justification
for not holding a hearing can be provided. We are not aware
at this time whether Detox has submitted any justification to
the Ministry of Environment. Any hearing before the
Environmental Assessment Board would only review the technical
aspects of the proposed undertaking related to protection of
the. natural environment.
5.3 The Fire Department has met with the owners of Detox, and have
advised the Planning Department that their concerns regarding
internal suppression systems, accessibility and after hour
personnel have been or will shortly be resolved by Detox. The
Department also noted that Detox would be monitored for both
security and fire, in the near future, which would provide
early warning should a problem arise.
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REPORT NO.: PD-196-92 PAGE 8
5.4 Planning Department Staff note that the Wilmot Creek
residential community lies approximately 0.5 km to the
southeast of the subject site. As well, the proposed
Newcastle-on-the-Lake residential and resort development would
lie approximately 0.3 km to the south and southwest of the
Detox site. Residents of Wilmot Creek and some members of the
Port Darlington Community Association have expressed concerns
with regard to the siting of this facility. Adjacent
landowners have expressed concerns that this industry would
negatively affect the marketing of their lands. In order to
address the concerns of the residents, we understand
representatives from Detox have met with the residents
recently.
5.5 Any threat to the residents, perceived or otherwise, by
Detox's proposed operation is no different than many other
industrial uses which do not require either a Provisional
Certificate of Approval or a hearing by the Environmental
Assessment Board. For example, Automotive Paints and Plastics,
which previously occupied the Detox facility, was a paint and
solvent blending operation which did not require any hearing.
Waste at the Detox facility can only be stored up to a maximum
of ninety days at the site, which is the same requirement
applied to other industries which use or produce hazardous
waste as part of their operations.
5.6 It is also noted that Detox is a local company which provides
an essential service to many industries and emergency services
for spills and/or disposal of hazardous materials.
Approximately 75% of the waste to be processed by Detox will
be re-used by other industries. It is important that services
such as that provided by Detox are not to be discouraged if
recycling is to be promoted and to provide industries with the
opportunity to dispose of their wastes in an environmentally
responsible manner.
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REPORT NO.: PD-196-92 PAGE 9
5.7 Ministry of the Environment Staff would be responsible for
on-going monitoring of the Detox operation. This monitoring
is intended to ensure that Detox complies with the conditions
of the Provincial Certificate of Approval, and to identify any
potential problems with the operation of the facility.
6. CONCLUSIONS
6.1 The uses proposed by Detox are permitted on the subject site
by both the Town of Newcastle Official Plan and the Town of
Newcastle Zoning By-law. Applications to amend these
documents are not required. However, Detox will be required
to submit an application to amend the existing Site Plan
Agreement on the subject site.
6.2 Based on the comments contained in this report, Staff has no
objection to the application by Detox for a Provincial
Certificate of Approval to operate a Waste Disposal Site
(Processing). However, based on the pertinent information
provided to the Town to date, Staff cannot demonstrate
justification for not holding a hearing by the Environmental
,Assessment Board. Further, Staff feel that any justification
for not holding a hearing should be provided by the applicant
and not by the Town.
6.3 The Town will not be involved with the hearing since there is
no official plan or zoning change involved. Furthermore, it
is noted that should such a hearing proceed, it will be based
on strictly defined technical considerations which are the
responsibility of the Ministry of the Environment.
~~9 ~1
REPORT NO.: PD-196-92 PAGE 10
Respectfully submitted, Recommended for presentation
to the Committee
r
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Franklin Wu, M.C.I.P. Lawrence E. Kot ef~f
DIrector of Planning Chief Administr t'~e
and Development Officer
JAS*FW*df
*Attach
31 August 1992
Interested parties to be notified of Council and Committee's decision:
Mrs. Joan Pilniuk Mr. Lawrence Zucker
13 The Cove Road Goodman and Carr
Newcastle, Ontario Barristers and Solicitors
L1B 1B9 Suite 2300
200 King Street West
Mrs. Bythea Dellow Toronto, Ontario.
3402 Courtice Road N. M5H 3W5.
Courtice, Ontario
L1E 2L7
The Port Darlington Community Mrs. Phyllis Baker
Association Wilmot Creek Homeowners Assoc.
c/0 Box 249 11 Cabot Court
Bowmanville, Ontario Newcastle, Ontario.
L1C 3L1 L1B 1A7
Mr. A. G. Crawford Mr. Brian Ritchie
63 The Bluffs Road Detox Environmental Ltd.
Newcastle, Ontario P.O. Box 458
L1B 1A6 Bowmanville, Ontario.
L1C 3Z2
Mr. Tom Januszewski Mr. Wayne Haas
TJ Services 11 Mistflower Road
14 Sulkara Court Willowdale, Ontario.
Toronto, Ontario M2H 3G8
M4A 2G9
Mrs. Helen Dent
18 Lovekin Court
.Newcastle, Ontario
L1B 1A5
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DE TOX L lM/TED FACIL I T Y
Attachment No: 2 ,
environmental ltd.
P.O.'Box 458, 322 Bennett Rd. Tel: (416) 623-1367
Bowmanville, Ontario L1 C 3Z2 Fax: (416) 623-5494
This letter is to introduce Detox Environmental to the residents of Durham Region.
Who are we: Privately owned corporation.
Officers are Brian Ritchie and Norm Keil
In business since February 1989
Located at Bennett Rd. site since then
Employ 11 fulltime employees
Have five trucks on the road
What we do: Pickup,. transport, and consolidate industrial waste
Closedown and cleanup plants and factories
Serve primarily the Pickering to Peterborough to Belleville area
Use Bennett Rd site as truck parking and equipment storage
What we request in permit:
To bring industrial materials to the site for processing or reshipping
Waste generally consists of
90%- Oil waste : oil, oily water, bunker
Paints, solvents, glues, inks, organic sludges
Acids, alkalais, and inorganic sludges
10 0- Lab chemicals, pharmaceuticals, cosmetics, metal sludges
Chlorinated solvents, aerosols, batteries
Household Hazardous Waste
To blend, sort, upgrade and reuse or recycle above materials
Reuse: Fuel blend organics for cement kiln in the United States
Recycle: Bulk oils to offsite oil recycling plant
Dispose : Pharmaceuticals etc sent to the U . S . for incineration
Approximately 75+ o of material has second use
We; will not incinerate or bury anything at this site
We do not handle PCB's, explosives, pathologicals
We are not in the used tire, trash or construction debris business
Local Effect
Building will look the same, no outside drums, tanks or processing
Building was a paint plant and is designed for solvent handling
Processing area will have berms and dykes to control possible spills
Financial bond in place to clean place up if plant closes
Traffic from trucks estimated to be approximately one more per hour
Employ estimated 15 more employees, payroll $1,500,000 per year
Create approximately 15 secondary jobs in area
24 August 1992
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' 1994 A.M.O.
unites Ontario's municipalities MEMBERSHIP I N VO I C E
Association of Municipalities of Ontario ~tC t_Y 2? ~~fj
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Municipal Clerk
Town of Newcastle ,
40 Temperance St.
13owmanvme, Ontario t.~c sAS DATE OF INVOICE: DEC, 15, 1993
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Town of Newcastle~~ • • $5 044.50
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As anon-profit association A.M.O. has elected not to charge GST on its
membership fees.
The above amount represents an Increase of 0% on the membership fee
charged In 1993.
At its meeting on December 3rd, 1993 the AMO Board of Directors passed the
association's 1994 which provides that membership fees be kept at their 1993
amounts during 1994.
If you have any questions regarding your municipality's membership fee or
membership in AMO, please call Doug Raven, Executive Director at the number
listed below.
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