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HomeMy WebLinkAboutPD-6-97UNFINISHED BUSINESS MCONTSITE.COU THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT HAND OUT Council Meeting: File # ' `? Date: Monday, January 13, 1997 Res. #C " -X-' Report #: Subject: .D CORRESPONDENCE -• REGARDING PLACEMENT OF Recommendations: It is respectfully recommended to Council the following: 1. THAT Report PD -6 -97 be received; 2. THAT the Ministry of Environment and Energy and the Central Lake Ontario Conservation Authority be requested to keep the Municipality of Clarington apprised of matters relating to the placement of fill at 3242 Solina Road; 3. THAT the Interested Parties indicated in this report be advised of Council's decision. 1. BACKGROUND 1.1 The General Purpose and Administration Committee, at its meeting of January 6, 1997, received correspondence from Stan and Libby Racansky regarding the placement of fill on lands immediately outside the Courtice Urban Area. Committee directed Staff to prepare a report on the matters raised in the letter for the January 13, 1997 Council meeting. This report has been prepared in response to Committee's direction. 1.2 The letter from the Racanskys states the following: o fill has been deposited on five sites identified on a map as being immediately outside the Courtice Urban Area; REPORT PD-6-97 PAGE N o the fill originates from the former General Motors site at Mary and Bond Streets in Oshawa; o the Racanskys randomly collected seven soil samples and had them tested; all of the samples possess lead levels in excess of provincial guidelines; o the area in which the fill has been deposited is a ground water recharge area for two cold water streams which drain into the Second Marsh; o government officials are requested to remove the soil and have it sent elsewhere where it would not contaminate groundwater. 1.3 Staff met with Mrs. Racansky to verify the location of the sites where the fill was deposited and to clarify the information provided in the letter. Mrs. Racansky indicated that soil samples were only taken from the site located at the northwest corner of Nash and Solina Roads. 1.4 Staff also participated in meetings attended by the Racanskys and representatives from the City of Oshawa Public Works Department, the Ministry of Environment and Energy and the Central Lake Ontario Conservation Authority to discuss the issues raised by the Racansky's letter. 2. FORMER GENERAL MOTORS SITE 2.1 The City of Oshawa obtained the site at Bond and Mary Streets in Oshawa from General Motors in 1985. The City retained the consulting firm of Golder and Associates to test the soils on -site to determine if any contamination was present, and to oversee the clean -up and remediation of the site. This involved the removal of all the soil and other debris on the site down to native soils. REPORT TO COUNCIL: PD -6 -97 PAGE 3 2.2 The soil to be removed from the former GM site was tested for the presence of contaminants, most notably lead. The soil was graded as being suitable for either "Agricultural/ Residential /Parkland" uses or "Commercial /Industrial" uses according to the extent of contamination present. Soil with contamination levels exceeding Commercial /Industrial standards was graded as "Waste" and was disposed of accordingly in secure waste disposal sites. 2.3 In mid -1996, a contractor was retained by the City to excavate the fill at the former GM site and to truck it to appropriate locations to be deposited. Excavation of the site began on October 1, 1996 and finished on December 24, 1996. The City's consultant maintained staff at the site to supervise the excavation of the fill and to monitor the weight and quality of fill being removed by the trucks. 2.4 Under the terms of the contract between the City of Oshawa and the contractor, the contractor is responsible for ensuring that the sites receiving the fill are appropriate to receive the type of fill being received - for example, Commercial /Industrial quality fill could only go to lands designated for commercial or industrial uses. The contract also states that the responsibility rests with the contractor to ensure that all applicable laws and regulations are adhered to with respect to the placement of the fill. 2.5 Three properties were proposed by the contractor and approved by the City's consultant to receive fill from the former GM site. Two of these sites are in Clarington - the Dom's Auto Parts property and a 31 ha property at 3242 Solina Rd (Pt. Lot 25, Conc. 3, Darlington Twp.) owned by Frank and Maria Lombardo. These two sites, as well as the other sites identified in the Racansky's letter as having received fill from the former GM site, are discussed below. .* mile 0 3.1 This property was one of the five sites identified by the Racansky letter as receiving fill from the former GM site. This property received "Agricultural /Residential/ Parkland" quality fill from the former GM site. Between October 8 and 26, 1996, 802 truckloads of fill (comprised of soil, construction rubble and concrete) from the former GM site were deposited on this property. A further 126 truckloads of soil from the former GM site were deposited between November 18 and 20, 1996. A total of 14,390 tonnes of fill from the former GM site were deposited on the Lombardo property. 3.2 The fill from the former GM site was deposited in the central and northern portion of the property which is designated "General Agricultural Area" by the Clarington Official Plan. The extreme southern portion of the property is designated "Environmental Protection" in recognition of Black Creek and the Black /Farewell Wetland Complex. None of the fill from the former GM site was apparently deposited within or beside the wetland or the creek. 3.3 The Lombardo property is subject to CLOCA's Fill, Construction and Alteration to Waterways Regulations. These regulations require a permit from the Authority prior to the commencement of any filling on the property. Such a permit would define the footprint and maximum contours of fill to be deposited on the land. Mr. Lombardo has not obtained the appropriate permit from CLOCA. Authority Staff have indicated that they will be discussing the matter with Mr. Lombardo in the near future. 3.4 Mr. Racansky indicated that, on October 22, 1996, he randomly collected seven soil samples from mounds of fill on the Lombardo property. Subsequent testing of the soil samples indicated two of the samples had lead concentrations in excess of the limits for Agricultural /Residential /Parkland soils as defined by REPORT TO COUNCIL: PD -6 -97 PAGE 5 provincial guidelines. The Racanskys contend that these samples were taken from fill originating at the former GM site. 3.5 Documentation provided by the consultant for the City of Oshawa indicates that the fill from the former GM site destined for the Lombardo property was tested to confirm that lead levels in the soil complied with provincial guidelines. Ministry of Environment and Energy Staff have verbally indicated that they are satisfied with the documentation provided by the City in this regard. Ministry staff also indicated that the Lombardo property has received fill from a number of other sources, and therefore the soil samples collected by the Racanskys which exhibited excessive lead levels did not necessarily originate from the former GM site. Ministry Staff will discuss the matter with the property owner and determine whether a formal investigation of the fill on the site is required. 4. DOWS AUTO PARTS PROPERTY 4.1 The City's consultant advised that approximately 65,000 tonnes of fill was deposited at the Dom's Auto Parts site in south Courtice. The fill was largely of Commercial /Industrial quality; however, some Agricultural /Residential /Parkland quality fill was also deposited here. 4.2 The Dom's Auto Parts property is designated "General Industrial Area" and "Special Policy Area D" by the Official Plan. The property is located adjacent to Robinson Creek; however, CLOCA staff have advised that this stretch of the creek is not subject to the Authority's Fill Regulations. Therefore, a permit from the Authority is not required to deposit the fill. 5. OTHER FILL SITES IN CLARINGTON 5.1 The Racansky's letter identified other four properties as having received fill from the former GM site. The consultant for the City advised that none of these properties was approved to receive fill from the former GM site, and that random checks undertaken by the consultant's staff did not reveal any evidence that the fill was being deposited at these or other unapproved locations. 5.2 Mrs. Racansky indicated that, on November 1, 1996, she followed a truck from the former GM site to the property at the northeast corner of Highway 2 and Hancock Road, where the fill was deposited. Staff note that this site has received a fill permit from the Conservation Authority, and is subject to Rezoning and Site Plan Application DEV 93 -002 to permit the development of a golf driving range. 5.3 The consultant for the City indicated that, on that date, fill was being transported from the former GM site to Dom's Auto Parts,and that they have no evidence that fill was not being transported to the approved site. The consultant also indicated that General Motors was also undertaking some excavation on lands the company owned immediately abutting the site being decommissioned by the City. General Motors apparently hired the same contractor as that retained by the City's consultant, and that these trucks used the same exit being used by the trucks hauling fill for the City. The consultant indicated that Mrs. Racansky may have, in fact, followed a truck carrying fill from the site being excavated by General Motors. Ministry of Environment staff indicated they would contact General Motors to determine their activities on the day in question. 5.4 The other three properties identified by the Racansky's letter are not subject to CLOCA's Fill, Construction and Alteration to Waterways Regulations. Mrs. Racansky has not been able to provide evidence that these sites received fill from the former GM site. 6. CONCLUSIONS 6.1 Staff have no reason to doubt that the lead levels in the soil samples taken by the Racanskys from the property at 3242 Solina Road are above the levels permitted by provincial guidelines. However, given the extensive testing of the fill from the REPORT .D PAGE former GM site and the fact that fill on the property has been received from several other sources, there is no conclusive evidence that the soil samples were taken from fill originating from the former GM site. 6.2 Staff also have no reason to doubt Mrs. Racansky's contention that a truck from the site in Oshawa deposited fill on the property at the northeast corner of Highway 2 and Hancock Road. However, there is some doubt as to the source of the fill. As stated earlier, the Ministry of Environment and Energy staff will follow -up this matter with General Motors. 6.3 The Ministry of Environment and Energy and the Central Lake Ontario Conservation Authority will both be contacting the owner of 3242 Solina Road regarding the placement of fill on his property. Staff from both agencies have indicated that they will keep the Municipality advised of these matters. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development JAS *DC *FW *df 10 January 1997 Reviewed by, W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Libby and Stan Racansky 3200 Hancock Road Courtice, Ontario L1 E 2M1 Mr. John Simmonds Director of Engineering Public Works Department City of Oshawa 50 Centre Street S. Oshawa, Ontario L1 H 3Z7 REPORT TO • PD-6-97 PAGE Z Mrs. Linda Gasser P.O. Box 399 Orono, Ontario LOB 1 MO Mr. Dave Fumerton Senior Environmental Officer Ministry of Environment and Energy York Durham District Office 230 Westney Road South, 5th Floor Ajax, Ontario L1 S 7J5 Mr. Don Wright Manager of Planning Central Lake Ontario Conservation Authority 100 Whiting Avenue Oshawa, Ontario L1 H 3T3 Mr. Frank Lombardo 3242 Solina Road R.R. #3 Bowmanville, Ontario L1C 3K4