Loading...
HomeMy WebLinkAboutPD-102-94THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON �( XXI�XXX DN: IWAHEAR.GPA REPORT Meeting: General Purpose and Administration Committee File' +` Res. # f�, Date: Tuesday, September 6, 1994 By -Law # Report #: , 6. ,4=ile #: PLN-- 174.3 1. THAT Report PD- 102 -94 be received for information. 1. BACKGROUND 1.1 On August 11, 1994, the Planning Department received a notice (Attachment No. 1) from the Office of Consolidated Hearings advising that a Joint Board, with members from the Environmental Assessment Board and the Ontario Municipal Board, will be holding a public hearing for the proposed IWA Durham landfill in Pickering (Site EE11). The Joint Board will hear all of the issues related to the proposed landfill, including the necessary approvals under the Environmental Assessment Act, the Environmental Protection Act, the Planning Act, and the Regional Municipality of Durham Act., 1.2 The Notice advises that groups or individuals with an interest in the hearing may participate in the hearing, as follows: • Observer: may attend the hearing, observe proceedings, and will receive periodic updates on the hearing as it proceeds; • Independent Witness: may present views to the Board orally or in writing; PPAP ELPC ECYICLE ,{ BPRIMEDaJRECYCLEDPAPER REPORT NO.: PD- 102 -94 PAGE 2 • Participant: may make submissions at the opening and close of the hearing, receive copies of all documentation exchanged by parties, and attend site visits. Participants cannot apply for intervenor funding; • Full or Part -Time Party: involves far more responsibility and involvement in the process, including providing evidence in the form of written witness statements, and calling witnesses to confirm their written evidence; • Intervenor: can only be requested by those seeking either full -time or part -time party status. Intervenors may apply for intervenor funding. 1.3 Interested parties are required to register their interest with the Office of Consolidated Hearings by September 8, 1994. Staff have also been advised by the Office of Consolidated Hearings that those parties registered by this deadline have the option of revising their status after September 8. 1.4 A preliminary meeting will be scheduled by the Office of Consolidated Hearings for late September 1994, to discuss how registrants can participate in the hearing. A preliminary hearing is scheduled for October 27 and 28, 1994 to deal with a number of matters, including information and document exchange and planning and scheduling of the main hearing. 2. PROPOSED MUNICIPAL INVOLVEMENT IN HEARING 2.1 The Joint Hearing will consider all issues related to the IWA's selection of Site EE11 in Pickering as the preferred site for the establishment and operation of a landfill to serve Durham Region. Until such time as the Board confirms REPORT NO.: PD- 102 -94 PAGE 3 that the landfill site search process undertaken by the IWA was adequate and appropriate, Site KK2 and other potential sites in Clarington will not be eliminated from consideration. As well, evidence relevant to any future application by Laidlaw for their Major Expansion Proposal will also likely be presented. 2.2 Given these matters, it is important that the Municipality formally indicate its interest in participating in the Hearing. Staff have registered the Municipality as an Observer for the Hearing and have requested that relevant information regarding the Hearing be forwarded to both the Planning Department and the Municipal Solicitor. Staff plan to attend both the preliminary meeting scheduled for late September and the preliminary hearing scheduled for late October to monitor the proceedings and to evaluate the Municipality's involvement in the Hearing. Staff will seek appropriate Council direction if there is a need to increase the Municipality's level of involvement in the hearing. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development JAS *DC *FW *df 19 August 1994 Reviewed by, 4z W.H. Stockwell Chief Administrative Officer Attachment No. 1 - Notice of Public Meeting Office of Consolidated Hearings Bureau de jonction des audiences Attachmente' No. .- File' No. -CH-94-05., 11 • 'TON T AUG 1 1 P NOT-ICE OF PUBLIC HEARING MON00ALITY OF GLAtllf,!GTON N ING DEPARTMENT. :PLANNING Proposed IWA Landfill Wasie Disposal Site,for 'Durham Region A joint Board (members from the, Environmental Assessment 'Board an.d the Ontario Municipal Board) will hold -a public hearing regarding a proposal by the Interim Waste Authority Ltd. to proceed with an undertaking, namely, 'a landfill waste.disposal site known as Site EE1 1 located in the Regional Municipality''of Durham on all or parts of Lots 21 to 25, Concession 3 within the Town- of -.Pickering including 611 -ancillary facilities-, and in this regard,.the. Interim.. Waste Authority Ltd. is seeking all necessary acquisition, inc ,. provals respecting the acouisi including expropriation, of land and the establishment, operation,•'maintenancb and: closure. of the undertaking.-. 'The site is proposed . for the disposal of approximately 6.6 million tonnes s of non haza . rd6us solid, industrial, commercial and municipal. waste. A. map. showing the location- of the proposed landfill waste disposal site and the off-site ancillary.. �illary.. facilities is included with this notice.. hear all of the issues related The purpose of a joint board hearing is to to the undertaking at one time, rather than having two or more separate hearings by.two or more separate boards. The Acts .being con-solidatedfor this hearing and the approvals. being sought are outlined below in the section entitled. Statutory Authority. -Please read that section.. carefully to ensure that you are aware of all of the processes. and/or '.hearings -that are being cons . olidated.. HOW TO PARTICIPATE. :Groups or individuals interested in participating in the hearing- have the right to express their views in regard to the updertaking., You, may 'participate as either an o bserver, independent witness, an observer, you can attend and observe any stage of the hearing. As an pa ticipant or party: -As. s, you can attend on your own initiative during the hearing and present your independent witnes. and give .views, either orally, in writing, or both. As a ' participant, in addition to the right.. to observe evidence, you can rn6ke' submissions at the opening and close of hearing, 'receive copies. of all'. independent witnesses documentation exchanged by the parties and attend site visits. For observers, d . ng and participants .who cannot attend during the daytime, an opportunity to provide information and views at an evening session can be arranged. The scheduling, of one or more evening sessions will be done at I a later date and I notice of such a session will be.published in community newspapers in. advance- of the date. Those persons who request and receive party status from the Board take on the rights* and responsibilities. of.'this fullest form of involvement in the hearing process. Parties are usually: represented b . y legal counsel or an agent at the.hearing; however,, they may represent..the . mselve.s. The Joint .Board will consider requests .for full-time, part-time party or participant status at the preliminary hearing. page 2 REGISTRATION FORM If you wish to participate in the hearing, you are required to complete the attached Registration Form and file it with the Office of Consolidated Hearings on or before Thursday, September 8, 1994. The information on the registration form will assist the Joint Board with its scheduling and preparation both for the preliminary meeting and the preliminary hearing. After the deadline for. filing of the registration form, staff of the. Office of Consolidated Hearings will invite registrants to attend a preliminary meeting, which will be scheduled for late September; 1994, to discuss how registrants can participate in the hearing'. The exact date, time and location of the pre/iminary'meeting will be sent to- all registrants. The purpose of the preliminary meeting is to: • provide groups or individuals with information on the hearing process and the different ways in which they can participate in the. hearing; • introduce the registered: groups or individuals and have them describe their concerns and to say why these - important.for the Joint Board to consider; 0 provide an opportunity for those with similar interests to discuss their issues and concerns to see if an umbrella group can represent their -interests,at the hearing; • review the list of preliminary issues prepared as a result of participant funding awards by those . receiving participant funding and prepare a consolidated list.of and description of issues to be discussed at the..preliminary hearing. PRELIMINARY HEARING A,preliminary hearing will be held by the Joint Board appointed to- conduct the hearing on. this . undertaking. The date, time, location and purpose of .the preliminary. hearing are set out below. The preliminary hearing will be held on; Date: October 27 and 28, 1994 Time: 10 :00 a.m. Place: Pickering Central Library (Auditorium) 1 The Esplanade Pickering, Ontario The purpose of the preliminary hearing, is to: • hear submissions from those who will be seeking party : (full -time or part -time) or participant 'status; • discuss the issues identified and described at the preliminary meeting; Page 3 plan the pre - hearing process (information and document exchange; meetings of parties and their legal and technical representatives; scoping of issues; resolution of conditions of approval; planning and scheduling of the main hearing); discuss in funding process; and • deal with any other preliminary matters. .Evidence or submissions regarding whether the proposal should be approved or not will not be heard at the preliminary meeting, or the preliminary hearing. They will be heard at. the main hearing which will be held at a later date. The Board will not consider any evidence or submissions regarding the proposal after the main hearing . has been concluded. Please examine this notice. carefully. You may be affected by the decision the Board makes. If you have concerns you should file a Registration Form with the .Office of Consolidated Hearing's. You will then receive information about.the' preliminary meeting. , It may be necessary. for you to attend• the .preliminary meeting or the preliminary•, hearing or have. someone attend who can represent your.* concerns. if you (or your representative) do not advise the Board of.'your interest in participating the Board may proceed without giving you further notice of the hearing. BACKGROUND - In April; 1991, the Minister of the Environment and Minister Responsible for the Office. for the Greater. ,.Toronto.-Area ( "GTA ") announced that three landfill waste disposal sites would be sought by the Interim Waste Authority Ltd. (the "IWA ");:(a).one site in Durham.Region servicing Durham's residual. . waste disposal needs; (b) one site in Peel Region servicing Peel's residual.waste disposal needs; and (C) one site. in Metropolitan Toronto or York Region, to serve. the residual waste disposal needs of these two upper -tier municipalities. i Based on the IWA's landfill site search and-selection process in Durham Region, guided by the Waste Management Act, 1992 and the Environmental Assessment Act, the IWA seeks approval to proceed with an undertaking, namely, a landfill .waste .disposal site located on all or. parts of. Lots 21 to 25, Concession 3.-within the Town of Pickering and including all ancillary facilities, and in this regard, the . Interim Waste Authority Ltd. is seeking -all necessary approvals respecting the acquisition, including expropriation of land and the establishment,'operation, maintenance and closure of the undertaking. The site. is .proposed for the disposal of approximately 6..6 milli.on tonnes of non- hazardous. solid; industrial, commercial and municipal waste within a 40.6,hectare fill area over a period of at.least 20 years. Access to the site will be via Taunton Road. . The ancillary facilities associated with the.design and operations of the landfill waste disposal site include: • soil stockpiles;, • .leachate pre- treatment facility located within the site boundaries plus a sewage line to convey the partially treated leachate to the local sanitary sewer.sysiem; • storm water management and sedimentation ponds; i Page 4 • access and perimeter roads; � { • leachate control system; • landfill gas collection system and management facility; ® administration and maintenance buildings and compounds; ® monitoring systems; •. weigh scales and scale houses; • small- vehicle transfer area; • utilities • screening berms and perimeter fencing. The development of the facility will result in the realignment of a 230 kV Ontario Hydro transmission line and a Trans- Northern Pipelines Inc. pipeline. STATUTORY AUTHORITY Approvals are being sought under.•the following legislation for the 'following facilities (and hearings in regard to such approvals are, or are to be, consolidated in this hearing before the Joint Board): the Consolidated Hearings.Act, R.S.O. 1990, c. C.29, as*amended, permits the consolidation of several hearings that are or may be required; •. the Environmental Assessment Act, R.S.O. 1990, c. E.18, as amended, under which approval for the environmental assessment and approval to proceed "with the undertaking is sought; the .Waste Management Act, S.O. 1992, c. 1 (previously Bill 143), as amended; under which are . sought approval for the environmental assessment, approval to proceed.with the undertaking and approval to close a road, namely a Town of Pickering road allowance; • the Environmental Protection Act, R.S.O.. 1990, c. EA 9, as amended, under which approvals are sought for the establishmentand operation of a landfill waste disposal site and under which . a decision is sought as to whether certain municipal by -laws should apply'to the -proposed.landfilI waste disposal site; ® the Ontario Water Resources Act, 'R.S.O. 1990, c. 0.40, as amended,. under which approvals are sought for a leachate: pre - treatment facility located within the landfill waste disposal site boundaries, a sewage line to convey the partially treated ,leachate to the local sanitary sewer .system . and. facilities for the collection, transmission, treatment and disposal of storm water (including sediment ponds); • the Planning Act, R.S.O. 1990, c..P.13, as amended, under which an amendment to the Official Plan .is sought to amend the present official plan designation of the proposed landfill waste disposal site, under which an amendment to the Zoning By -law of the Town of Pickering is sought. ,to change the zone of the landfill waste disposal site and under which approvals are sought for the site plan (including all plans and drawings) and the determination of requirements, including the provisions of any agreement, in regard to such approval; • the'Regional Municipality of Durham Act, R.S.O. 1990, c. R.9, as amended, under which.consent of the Regional Council of Durham is sought in regards to the. undertaking; the Expropriations Act,-R.S.O. 1990, c. E.26, as amended, under which approval is sought to expropriate lands for the landfill waste disposal site, for site access road improvements and, for the leachate sewer line from the landfill waste disposal site to the local sanitary sewer system, as well as to determine if*the taking of lands is fair, sound and reasonably necessary; . Page 5 • the Lakes and Rivers Improvement Act, R.S.O. 1990, c. L.3, under which approval is sought to construct outlet works from a stormwater management pond to a small tributary. of * Ganatsekiagon Creek. NOTE REGARDING EXPROPRIATION The IWA is an "Expropriating Authority" pursuant to.section 3(1) of the Waste Management Act for the . •purposes of expropriating land. An expropriating authority must apply to an "Approving. Authority"' for approval to expropriate and give notice of.such application to allaffected Land owners, any of whom may request a hearing before an "Inquiry Officer for the purposes of determining. whether the expropriation is fair; sound and reasonably necessary to achieve .the, objectives of the expropriating authority.(the IWA). If requested, a hearing would be held before an Inquiry Officer. In this case, apart from anyone else requesting a hearing, the IWA has requested, that a Joint.f3oard . be. established � to hold the .hearing that might otherwise be held by an - Inquiry officer. Thus, the hearing and,the decision on approval will be consolidated under'the-Conso/idated Hearings Act and the Joint Board will act as the Inquiry - Officer and the Approving Authority. The hearing of necessity being 'conducted' by the Joint Board, which is consolidated with the. other hearings, will deal with the necessity of expropriation., It will not deal with compensation for such ,lands as outlined. in the Expropriations. Act. The commencement of these expropriation proceedings does not override the IWA's commitment to' negotiate a fair settlement with affected landowners. Only as a last resort, if the IWA.is unable to reach agreement with a landowner for the purchase' of needed land, ' will the IWA. complete the expropriation of the lands for leachate sewer line and site access road improvements. The leachate sewage line 'will be constructed around the perimeter of the Brock West Landfill Site. on .lands owned by the Municipality of.Metropolitan Toronto and within public road allowances. It is the. intent of the IWA to determine the most appropriate location forthe sewage line in consultation with the relevant municipalities: Only as a last resort will the IWA complete.the expropriation of the lands required for the .leachate sewage line. It will be necessary to construct additional lanes adjacent to the site entrance on Taunton Road to facilitate. site access, -The IWA intends' to' seek the cooperation of ahe Regional. Municipality of Durham with respect to, those road improvements. Only as a last resort will. the IWA complete the expropriation of the lans required for those road improvements and, in that event, it is intended that the expropriated land, with the road improvements completed,. will be . returned to' the Regional Municipality of Durham. INTERVENOR FUNDING Under the Intervenor Funding Project Act, R.S.O. 1.990; c.IA 3, as extended by-O.C. 819/92 dated March 11, 1992, funding'is available to assist groups or individuals to present issues which affect . the.public interest. This funding may be given to groups or individuals who have been given party status and who can show to the Board's satisfaction that their issues will affect the public interest .and. that they satisfy the eligibility criteria listed in the Act. Where possible, the Board encourages groups or individuals to join with others who have similar interests in order to avoid duplication of work. V4 PQBe 6 Parties who wish to file an application for intervenor funding must first request. intervenor status from the Joint Board at the preliminary hearing identified in this notice. Prior to consideration of those funding applications, a Funding Panel will be appointed under the Intervenor Funding Project Act. In accordance with the criteria set out in that Act, the Funding Panel will determine whether, to whom and in what amounts funding will be granted, FOR FURTHER INFORMATION Copies of the Environmental Assessment and the Review of the Environmental Assessment by government ministries and agencies pertaining to this undertaking are available for inspection during normal business flours at: Office of Consolidated Hearings ' Pickering Central Library Ministry of Environment and Energy 2300 Yonge Street (Auditorium) Environmental Assessment Branch Suite 1201,,12th Floor 1 The Esplanade 5th Floor; 250 Davisville.Avenue. Toronto, Ontario Pickering, Ontario Toronto, Ontario M4T. 1 E4 L1 V 60 M4S 1•H2 Phone: (416).484 -7800 Phone:.(905) 686 -0250 Phone: (41.6) 440 -3450 For further, information about the hearing, please call Jim Curren, Hearings. Registrar, Office of Consolidated Hearings directly at (416) 4844804. The Board accepts -collect calls., It is your responsibility to contact the Office of Consolidated. Hearings to determine the dates, times and location for the hearing as it proceeds. DATED at Toronto, this 5th day of August, 1994. ' .urr n' He ring Registrar Pou obtenir un-exemplaire de cet avis en franoais, veuillez vous, adresser au Bureau de jonction des audi nces, en composant le (416) 484 - 7800. oAhearing \ch \ch9405 \notice \notice.jc J� Proposed Landfill Waste Disposal Site for Durham Region