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HomeMy WebLinkAboutPD-266-89v TOWN OF NEWCASTLE MEETING: General Purpose and Administration Committee DATE: October 23, 1989 REPORT #: PD -266 -89 FILE #: OPA 89 -39/D; DEV 89 -44; OPA 89 -97/D; AND PLN 17.4.1 SUBJECT: STATUS REPORT - LAIDLAW WASTE SYSTEMS (DURHAM) LTD. PART LOTS 11/12, CONC. 3, FORMER TWP. OF CLARKE i) INFILL PROPOSAL - FILE: OPA 89 -39/D; DEV 89 -44 ii) LEACHATE FORCEMAIN PROPOSAL - FILE: OPA 89 -97/D iii) EXPANSION PROPOSAL - FILE: PLN 17.4.1 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 266 -89 be received for information. 1. LAIDLAW INFILL PROPOSAL 1.1 Laidlaw is proposing to extend the life of its currently licensed landfill operation located on an 8 ha site in Part Lot 12, Concession 3, former Township of Clarke, by rerouting a natural gas pipeline which traverses the site and landfilling on the right -of -way and has applied for the necessary planning document amendments. 1.2 The Public Meeting as required by Section 34 of the Planning Act with respect to the rezoning application on Laidlaw's Infill Proposal was held on July 17, 1989. Not all of the supporting documentation had been submitted by Laidlaw by the date of the Public Meeting. It is Staff's intention to schedule a further Public Meeting on the rezoning application ...2 500 i% at such time as all the supporting documentation has been reviewed and agency comments received. The related Official Plan amendment has not been considered as yet by the Region. In July, the Minister of the Environment granted permission to Laidlaw to proceed under Part V of the Environmental Protection Act, subject to a number of conditions as follows: i) a maximum 10% increase in allowable weekly tonnage; ii) lifespan of the Infill Project not to exceed 2 years; iii) final contours are not to significantly exceed the existing approved contours; iv) public consultation on the major expansion should continue through Environmental Assessment process; v) public recycling bins to be provided free of charge at the site; vi) official plan and zoning by -law amendments must be obtained, as well as other required municipal planning approvals; vii) mitigative measures are to be implemented to protect the environment, including Graham Creek; viii) National Energy Board approval for relocation of the on- site pipelines; ix) consultation with Environment Canada to determine if the Federal Environmental Assessment and Review Process also applies to the relocation of the pipelines. 1.3 In September, Laidlaw submitted to the Region and the Town draft versions of the nine (9) technical reports supporting its Official Plan Amendment and Rezoning applications for the Infill Proposal. These technical reports are as follows: i) Development Operations and Closure Report i.i) Hydrogeology iii) Government Consultation ...3 J77 %�n� REPORT NO.: PD- 266 -89 PAGE 3 iv) Visual Impact Assessment and End Use Planning v) Transportation Impact vi) Noise Impact Assessment vii) Dust Impact Assessment viii) Public Consultation Report ix) Social Impact Assessment The Region and the Town have circulated the Official Plan Amendment and Rezoning applications related to the infill proposal to various technical agencies for comment. 2. LEACHATE FORCEMAIN PROPOSAL 2.1 Laidlaw proposes to construct a 12.2 km sanitary sewer forcemain from the landfill site to the Graham Creek Water Pollution Control Plant in Newcastle Village in order to treat leachate created by the landfill operation. Official Plan Amendment application 89 -97/D submitted by Laidlaw requests the allocation in the Water Pollution Control Plant, of an average daily capacity of 64,000 gallons and a peak capacity of 270,000 gallons per day. Capacity within the sewage treatment plant would need to be increased to accommodate Laidlaw's proposal. A technical report has been submitted in respect of the leachate forcemain proposal. 2.2 The Region of Durham has circulated the Official Plan Amendment application to various technical agencies for comment. A public meeting on the proposed Official Plan Amendment has not yet been held by the Region. 3. EXPANSION PROPOSAL 3.1 Laidlaw has indicated its intent to apply to extend the existing landfill operation on to approximately 50 ha of land ...4 F* r\ n A n '�VV 41 PAGE 4 to the south of its current site. Official Plan Amendment and Rezoning approvals will be required; applications have not as of yet, been submitted. 3.2 The expansion proposal will be required to proceed under the Environmental Assessment Act. Staff of the Ministry of the Environment have indicated that Laidlaw is presently preparing the necessary technical documentation in support of the expansion proposal, but could not provide a definite time frame within which the appropriate applications could be expected. The Environmental Assessment Act requires an extensive public consultation process for waste management proposals. Laidlaw has held Public Open Houses on the expansion proposal on November 28, 1988 at the Clarke High School and on May 16, 1989 at the Newcastle Community Centre. As well, Laidlaw has released two (2) newsletters, dated November 1988 and May 1988, in respect of the proposed expansion. 4. REOUEST FOR CONSENT UNDER THE REGIONAL MUNICIPALITY OF DURHAM ACT 4.1 The Regional Municipality of Durham Act (Subsection 144(3)) requires the consent of Regional Council in respect of new facilities for the receiving, dumping and disposing of waste in the Region. The Act (Subsection 144(4)) also contains provisions indicating that if the Regional Council refuses its consent, the applicant may appeal such refusal to the Ontario Municipal Board. 4.2 Laidlaw has formally requested Regional Council to provide its consent for Laidlaw's Infill Proposal as well as its main application to expand the existing landfill site. Laidlaw has ...5 5 9> indicated its intention to appeal a denial of this request to the Ontario Municipal Board. Laidlaw has also written to the Minister of the Environment requesting that the request for consent under Section 144(3) of the Regional Municipality of Durham Act be included in any consolidated hearing held with respect to Laidlaw's proposals. 4.3 In a Staff Report to the Regional Planning Committee meeting of October 10, 1989, it was noted that the various applications to municipal, provincial and federal governments in respect of the "infill" proposal are in the early stages of review. Applications have not as of yet, been submitted in respect of the expansion proposal. Granting of the Region's consent under the Durham Act at this time would be premature and should not be entertained until a thorough review of the proposals has been undertaken. 4.4 The Staff Report also noted that, although the Consolidated Hearings Act does not list the Regional Municipality of Durham Act as one which may be consolidated, the Minister of the Environment has the power to include other Acts if they are prescribed in a regulation. The Region's solicitors have advised that the Region should not concede to the transferring of its powers to the Consolidated Hearings Board as such a decision may jeopardize the Region's rights or negotiating position in the future. 4.5 Regional Planning Committee adopted a resolution indicating its opposition to Laidlaw's request for consent under Section 144(3) of the Regional Municipality of Durham Act, and to the inclusion of the referral of decisions under Section 144(3) of the Durham Act being considered under the Consolidated ...6 C n n a J7`,t" � F Hearings Act. • 1 • 4.6 The Staff Report of October 10, 1989 has been referred by Regional Council to a joint meeting of the Region's Planning and Works Committee to be held on October 24, 1989. 5. CONSULTING SERVICES 5.1 Staff have entered into a consultant selection process and retained the consulting firm of Acres International Limited to review the technical reports on hydrogeology, noise impact and dust impact submitted by Laidlaw in respect of its Infill Proposal. Acres International Ltd. is a highly respected engineering firm which can provide expertise in a wide variety of specialized fields related to waste management. 5.2 On September 26, 1989, Regional Planning Committee resolved that Regional Planning Staff work jointly with the Town and its consultant to deal with Laidlaw's proposal up to a maximum Regional expenditure of $15,000. 5.3 The Terms of Reference for the Consulting Agreement with Acres International are presently being prepared. 6. LAIDLAW TECHNICAL SEMINAR - INFILL PROPOSAL 6.1 On September 8, 1989, Laidlaw held a technical seminar in Scarborough in respect of its inf ill proposal. Laidlaw's consultants were present to discuss the contents of the technical reports. 6.2 Invitations to attend were extended to both the Region and Town Staff; however, the invitation to the Town was misaddressed and Town Staff did not attend the session. ...7 • • O • • ■ • • ... • 6.3 Laidlaw has apologized for the error and has offered the services of its consultants to the Town on two (2) weeks notice. A date for this meeting has not as of yet been established. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development JAS *DC *FW *jip October 12, 1989 Recommended for presentation to the Committee LawrenVomynistrative Kotseff Chief Officer INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION: Mr. David Scott Committee of Clarke Constituents Box 126 NEWCASTLE, Ontario LOA 1H0