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HomeMy WebLinkAboutWD-35-84;3 r 3/e CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT HAMPTON, ONTARIO LOB 1JO R. DUPUIS, P. ENG., DIRECTOR TEL. (416) 263 -2231 987.5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION OOMMITTEE MEETING OF MARCH 19, 1984. REPORT NO.: WD -35 -84 SUBJECT: REVIEW UNDER THE ENVIRONMENTAL ASSESSMENT ACT ! OF THE CLASS ENVIRONMENTAL ASSESSMENT FOR MUNICIPAL ROAD PROJECTS, E.A. FILE NO. 2 -81- 0002 -000 AND FOR MUNICIPAL SEWER AND WATER PROJECTS, E.A. FILE NO. 2 -81- 0003 -000. I' • 1 lal WAN • It is respectfully recommended: 1. That this report be received; and, 2. That the Minister of the Environment be advised that the Town of Newcastle endorses the Municipal Engineers Association Working Group as its agent in the preparation and approval process for Class Environmental Assessments (E.A.'s) for Municipal Road Projects and Municipal Sewer and Water Projects; and, ...2 IF _ 4 (¢) Page 2 REPORT NO.: WD -35 -84 6(i 3. That the Minister of the Environment be advised that in so doing, the Town of Newcastle supports the position taken by the Municipal Engineers Association (M.E.A.) relating to conflicts arising from the Government review of said documents, especially in the following areas which are considered fundamental principles: i) The requirement for construction guidelines ii) Timing of lard acquisition iii) Projects proceed before bump -up resolution iv) Requirement for broader public notification A Buildings and sites of heritage importance. 4. That the Minister of the Environment be advised that if the said issues, and any others considered important by the Municipal Engineers Association Working Group, cannot be resolved, the Town of Newcastle will support the Working Group in a hearing before the Environmental Assessment Board; and, 5. That copies of this resolution and report be forwarded to the Minister of the Environment and the Municipal Engineers Association. ...3 Page 3 REPORT NO.: WD -35 -84 The Environmental Assessment Act was put in effect by the Province in 1975, but Municipal projects were exempted from its requirements until Class Environmental Assessment Procedures could be established and approved. A Class Environmental Assessment establishes a planning aril design procedure for commonly recurring projects having ( similar circumstances. For example; reconstruction of an existing road to provide vertical and horizontal alignment and cross - section, to design standards occurs in many locations in many municipalities. Accordingly, a standard procedure to satisfy environmental concerns is desirable. By having this "Class" procedure, the detailed, costly, and time- consuming requirements of a full environmental assessment are eliminated. Rather than have all municipalities in the Province develop their own Class E.A.'s, the Municipal Engineers Association volunteered the services of its membership in such a task. The Working Group established by M.E.A. prepared two Class documents; one for roads, and one for sewer and water projects, and both were submitted to the Minister for review in early 1982. On January 31, 1984, the Minister of the Environment issued the Provincial review of these documents and requested all interested municipalities aryl agencies to respond by April 2, 1984. M Page 4 REPORT NO.: WD -35 -84 The Class E.A.'s and corresponding Government reviews are very comprehensive and complex documents which are most easily understood by the group responsible for their preparation. It is, therefore, reasonable to designate that group to resolve any differences of opinion as to the acceptability of the documents or the validity of the issues raised by the Government reviewers. The Town should, therefore, recognize the Municipal Engineers Association as its agent in this process. With respect to the most important issues, the following have been identified: 1. Construction Guidelines E.A. File No. 2 -81- 0002 -000, Page 36, Condition # 2 E.A. File No. 2 -81 -0003 -000, Page 41, Condition # 2 The government reviewers have indicated a requirement to have construction guidelines prepared to deal with such matters as noise generated by construction equipment, groundwater interference, etc. It should be pointed out to the Minister that the Class E.A.'s as submitted, prescribe a planning and design procedure which provides ample opportunity for concerns in these areas to be identified prior to construction, and to have specific conditions imposed in construction specifications to satisfy the conerns. Construction guidelines become redundant in this context. ...5 -'-�-G(�) Page 5 REPORT NO.: WD -35 -84 2. Timing of Land Acquisition E.A. File No. 2 -81- 0002 -000, Pages 30 & 32 Amendments 6.2 & 7.2 E.A. File No. 2 -81 -0003 -000, Pages 34 & 36 Amendments 2.2 & 3.2 The government reviewers have indicated that land acquisition should not be allowed to proceed until after publication of the Environmental Study Report. This is too late since, if the need to expropriate arises, an additional eighteen (18) months to two (2) years will be required. Laud acquisition should be initiated as soon as possible to cover this eventuality. Surely, by the time the proponent of a project has proceeded past the preliminary design phase in the planning process of -the Class E.A., any roadblocks to the project will be identified and common sense will preclude land acquisition. 3. Bump -up E.A. File No. 2 -81- 0002 -000, Page 33, Amendment # 9 E.A. File No. 2 -81 -0003 -000, Page 38, Amendment # 5 The Government reviewers have suggested that once a bump -up is initiated, all activities on the project should cease. It is the Working Group's contention that this will impose an unnecessary delay since, again, a minor issue may stand as a roadblock to an overall project. An objector may use this opportunity to frivolously delay a project which, while it may be perceived to cause him problems, will, in fact, provide a greater overall benefit. Page 6 .REPORT NO.: WD -35 -84 3. Bump -up Cont'd . With respect to bump -up, there is no requirement limiting the amount of tim a bump -up may be considered, therefore, a project could be delayed inlefi.nitely. 4. Broader Public Notification E.A. File No. 2 -81- 0002 -000, Pages 30 & 32 Amendments 6.3 & 7.3 E.A. File No. 2 -81- 0003 -000, Pages 34 & 36 Amendments 2.3 & 3.3 The Government reviewers have indicated that they do not feel that the public is afforded sufficient opportunity for input by the proposed planning and design procedure (flow chart). It is our feeling that this matter was dealt with during the preparation of the Class E.A.'s in consultation with M.O.E. representatives on the Working Group. The general feeling was that there was more than ample opportunity for public involvement and that it need not be solicited at every turn. 5. Buildings and Sites of Heritage Importance E.A. File No. 2 -81- 0003 -000, Page 40, Amendment # 9 Ministry of Citizenship and Culture contends that projects proposed for exemption from any form of Environmental Assessment should be at least subjected to a screening process where heritage buildings and sites are involved on the basis that maintenance and operational activities may deface them. NWA Nil Page 7 REPORT NO.: WD -35 -84 5. Buildings and Sites of Heritage Importance Cont'd. It is our feeling that�frcm a practical viewpoint,it is impossible to preserve all but the most historically significant buildings, sites, and equipment. This report and its recomendations should be submitted to ( the Minister of the Environment and the Municipal Engineers Association as a demonstration of the Town of Newcastle's interest and concern over the requirements of the Environmental Asessment Act as they pertain to municipalities. Furthermore, as there is cause for concern, the Town should lend whatever support it can should there be need for a hearing to resolve the above issues and any others identified by the Municipal Engineers Association Working Group on which the Director of Public Works sits as the Town's representative. Respectfully submitted, A�z - R.G. Dupuis, P. Eng., Director of Public Works. RGDcjco 1 March 13, 1984. /