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
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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
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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
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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
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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
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Hearings Act.
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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.
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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