Loading...
HomeMy WebLinkAboutPD-31-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN:LEACHATE.GPA REPORT Meeting: General Purpose and Administration Committee File# Date: Monday, January 20, 1992 Res. By-Law# Report#: #: OPA 89-97/D Subject: APPLICATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN APPLICANT: LAIDLAW WASTE SYSTEMS (DURHAM) LTD. FILE: OPA 89-97/D (LEACHATE FORCEMAIN PROPOSAL) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 31 -92 be received; 2 . THAT Official Plan Amendment Application 89-97/D submitted by McDermott' and Associates Limited on behalf of Laidlaw Waste Systems (Durham) Ltd. to permit the construction of a forcemain to transport leachate to the Graham Creek Water Pollution Control Plant and to allocate capacity in the Plant for the treatment of leachate created by landfilling operations at their proposed Major Expansion Site in Part Lots 11 and 12 , Concessions 2 and 3 , former Township of Clarke, be recommended for DENIAL to the Region of Durham; and 3 . THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department, the Ministry of municipal Affairs, and the Honourable Ruth Grier, Minister of the Environment; and 4 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: McDermott & Associates Limited on behalf of Laidlaw Waste Systems (Durham) Ltd. 1. 2 Official Plan Amendment: to allocate capacity in the Graham Creek Water Pollution Control Plant for the treatment of leachate created by Laidlaw's Major Expansion proposal and to permit the construction of a sewage forcemain beyond the REPORT NO. : PD-31 -92 PAGE 2 boundaries of the Newcastle Small Urban Area. Laidlaw seeks an average design capacity of 64 , 000 gallons per day and a peak capacity of 270, 000 gallons per day at the Water Pollution Control Plant. 2 . LOCATION 2 . 1 Existing and Proposed Landfill Operations 2 . 1. 1 Laidlaw's existing landfill site is located in Part Lots 11 and 12 , Concession 3 , former Township of Clarke. Laidlaw has indicated that the Major Expansion proposal would occupy approximately 48 ha (118 . 6 acres) in Part Lot 11, Concession 2 , and Part of Lots 11 and 12, Concession 3 , former Township of Clarke (Attachment No. 1) . 2 . 2 Proposed Leachate Forcemain 2 . 2 . 1 Laidlaw has proposed to run the forcemain a distance of 12 . 2 km (7 . 6 mi) from the site of their existing landfill operation to the Graham Creek Water Pollution Control Plant (W.P.C.P. ) in Newcastle Village. Laidlaw has indicated that the forcemain is intended to only transport leachate from their Major Expansion Proposal. 3 . EXISTING AND SURROUNDING USES 3 . 1 The forcemain route, as proposed, would run through primarily rural and agricultural areas. 4 . BACKGROUND 4 . 1 The application as originally submitted by Laidlaw in August 1989 proposed to treat leachate created by landfilling operations at both the Existing/Infill Site and the Major Expansion to the landfill proposed by Laidlaw. 4 . 2 On July 26, 1989, Laidlaw's solicitor forwarded a letter to the Environmental Assessment Board requesting that a REPORT NO. : PD- 31 -92 PAGE 3 Consolidated Hearing be scheduled in respect of the following: the application for interim expansion (Infill Proposal) pursuant to Part V of the Environmental Protection Act; the rezoning application related to the Infill Proposal; the Official Plan Amendment application related to the Infill Proposal; the application for consent pursuant to Section 144 (3) of the Regional Municipality of Durham Act; the application for construction and installation of a forcemain pursuant to Section 24 of the Ontario Water Resources Act. 4 . 3 In March 1990, Laidlaw's solicitors indicated, in correspondence to the Consolidated Hearings Board, that their client did not intend to proceed at that time, with the Official Plan Amendment application and the Ontario Water Resources Act application related to the leachate forcemain proposal. Staff note however, that the July 26, 1989 letter from Laidlaw's solicitor to the Environmental Assessment Board did not refer to the Official Plan Amendment application related to the leachate forcemain. This application was not submitted to the Region until August 16, 1989. 4.4 By letter dated May 4 , 1990, Laidlaw's solicitor advised the Region of Durham that the Official Plan Amendment application related to the leachate forcemain was not being withdrawn and requested that it be dealt with in due course. 4 . 5 Laidlaw has indicated in recent documentation that the leachate forcemain is intended to serve the proposed major expansion of their landfill site. Staff note that no applications in respect of the Laidlaw's Major Expansion Proposal have yet to be submitted to the Town or the Region. REPORT NO. : PD- 31 -92 PAGE 4 5. RELATED APPLICATIONS 5. 1 Major Expansion Proposal 5. 1. 1 Laidlaw has indicated their intention to proceed with a major expansion of their landfill site, and to proceed with a full environmental assessment under the provisions of the Environmental Assessment Act. As of the writing of this report, the draft Environmental Assessment (EA) documents had yet to be submitted to the Ministry of the Environment, the Town or the Region. Applications for Official Plan Amendment and Rezoning have also not been submitted. 5. 1. 2 Staff note that Laidlaw had indicated as far back as January 3 , 1989, that the draft EA documents would be submitted in April 1989, with the applications for Official Plan Amendment and Rezoning being submitted in late February or early March 1989 . More recently, in June 1991, Laidlaw indicated that work on the draft EA would be completed during the spring of 1991. There has been no recent indication as to the expected timing of the applications for Official Plan Amendment and Rezoning in relation to the Major Expansion Proposal. 5. 2 Application Pursuant to the Ontario Water Resources Act 5. 2 . 1 Section 24 of the Ontario Water Resources Act states that the approval of the Ministry of the Environment is required for the establishment of any sewage works by any municipality or any person. Laidlaw has submitted an application to the Ministry of the Environment for approval of the proposed leachate forcemain. 6. OFFICIAL PLAN POLICIES 6. 1 1976 Durham Regional Official Plan 6. 1. 1 The 1976 Durham Regional Official Plan does not specifically address the matter of allocation in a sewage treatment plant for the treatment of leachate from publicly or privately operated landfill sites. Section 6 . 2 . 1 e) states that the utilities and services provided for by the Plan are intended to meet the needs and requirements of the various Settlement t"� 0 REPORT NO. : PD- 31 -92 PAGE 5 Areas within the Region. Section 14 of the Plan, being 'Utilities and Services' , provides specific policies relating to the provision of Regional services. 6.2 1991 Durham Regional Official Plan 6 . 2 . 1 The 1991 Regional Plan also does not address sewage allocation for the purposes of leachate treatment. Section 5 (Cultural, Health and Community Facilities, Services and Utilities) does however, encourage the provision of Regional municipal services in an orderly and efficient fashion. 6 . 3 Draft Amendment to the Durham Regional Official Plan 6. 3 . 1 The draft amendment submitted by the applicant (Attachment No. 2) proposes to include a clause in Section 14 of the 1976 Official Plan to permit additional capacity in the Graham Creek W.P.C.P. to be allocated for the treatment of leachate from the Laidlaw landfill, and to provide for the construction of the leachate forcemain. 6. 3 . 2 The draft amendment also indicates that, where the sewage forcemain and any related facilities are owned by the Region, the forcemain and related facilities may be oversized to provide for the future extension of sanitary sewers to the Hamlet of Newtonville. 6. 3 . 3 Laidlaw has indicated that it accepts all financial responsibility for the design and construction of the forcemain and for the design and allocation of treatment capacity. Laidlaw has also indicated that, with the cooperation of the Town and the Region, the forcemain could be oversized to accommodate the needs of both the residents of Newtonville and Laidlaw. Otherwise, the costs associated with any extension of sanitary sewers to the hamlet would be the responsibility of the Region. REPORT NO. : PD- 31 -92 PAGE 6 7 . SUPPORTING TECHNICAL DOCUMENTS 7 . 1 A technical report in respect of the proposed leachate forcemain, prepared by Henderson Paddon and Associates Limited for Laidlaw, was submitted in support of the Official Plan Amendment application. The Report is dated August 9, 1989 and therefore predates Laidlaw's withdrawal of the leachate forcemain application as it relates to the Infill proposal at their existing landfill site. 7 . 2 The Report notes that, to protect the environment, namely Graham Creek, Laidlaw wishes to pipe the leachate to the Graham Creek W.P.C.P. in Newcastle Village which has an outfall to Lake Ontario. Oversizing of the forcemain is proposed to serve both the existing landfill site with the proposed infill and the proposed major expansion. 7 . 3 The Report also noted that route selection studies were undertaken which involved the evaluation of eleven separate possible routing alignments. The various alternatives were evaluated based on engineering criteria, environmental considerations and social impacts. 7 . 4 The following alternatives to the leachate forcemain were also considered: on-site leachate treatment, and trucking leachate by tanker trunk to the Graham Creek W.P.C.P. or other treatment plants. The Report indicated that both alternatives were felt to be inferior to the forcemain alternative due to increased risk to the environment, and other undesirable impacts such as increased truck traffic. 8 . PREVIOUS REPORTS AND RESOLUTIONS 8 . 1 Resolution # GPA-433-89 8 . 1. 1 On May 15, 1989 , Committee considered a letter from Henderson Paddon and Associates which requested, on behalf of Laidlaw, the Town's permission to construct and operate the forcemain in part along Town-owned road allowances. Committee, acting �: 6 REPORT NO. : PD- 31 -92 PAGE 7 as Council, adopted the following resolution: " WHEREAS the firm of Henderson, Paddon and Associates Limited, on behalf of Laidlaw Waste Systems Limited, by letter dated April 26, 1989, has applied for permission to construct and operate a forcemain from the Laidlaw Site to the Graham Creek Water Pollution Control Plant in part along Town-owned road allowances; and WHEREAS the Town Council has resolved on several previous occasions that it is opposed to any proposal to expand in any way the existing capacity of the Laidlaw Site; NOW THEREFORE BE IT RESOLVED FORTHWITH BY THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE: 1. THAT the request of Henderson, Paddon and Associates Limited on behalf of Laidlaw Waste Systems set out in the letter addressed to the Town dated April 26, 1989, be refused; and 2 . THAT Mr. F. Ford, of the firm Henderson, Paddon and Associates Limited, and Laidlaw Waste Systems be so advised. " 8 . 2 Regional Planning Commissioner's Report 90-80 8. 2 . 1 Regional Planning Committee considered this report at its meeting of April 10, 1990. The Report noted that the design for the expansion of the Graham Creek W.P.C.P. had been started. The proposed expansion is intended to accommodate urban development as part of the Newcastle Village Urban Area. In view of the large number of proposed subdivisions in Newcastle and the proposed urban area expansion being considered in the Regional Official Plan Review process, it is proposed to oversize the plant capacity regardless of Laidlaw's request. If and when the Official Plan Amendment application for sewage capacity is approved, Laidlaw would be required to pay for an appropriate amount of capacity cost. The Report noted that any reallocation of sewage capacity to Laidlaw would reduce the capacity available for urban development resulting in the advancement of further expansions to the plant. 17 REPORT NO. : PD- 31 -92 PAGE 8 8 . 2 . 2 The Report recommended that Laidlaw be advised that the consideration of the allocation of sewage capacity within the Graham Creek W.P.C.P. to their landfill proposals cannot be considered until the related Official Plan Amendments have been dealt with by Regional Council. Planning Committee adopted the Report's recommendation which was subsequently endorsed by Regional Council on April 18 , 1990. 9 . AGENCY COMMENTS 9 . 1 The subject Official Plan Amendment application was circulated by the Region of Durham Planning Department to various agencies for comment. 9 . 2 The following Agencies indicated that they had no comments on or no objection to the proposed amendment: C.P. Rail Ganaraska Region Conservation Authority 9. 3 The Region of Durham Department of Health Services recommended approval of the proposed amendment, but further noted that their comments are restricted to on-site sewage disposal rather than environmental concerns regarding the landfill. 9.4 C.N. Rail offered no objection in principle to the Official Plan Amendment, but requested that detailed Design Drawings for the forcemain crossing of their line be provided. They also noted that, due to the volume of rail traffic on this rail line, an open cut installation should not be considered as indicated in the Report. 9 . 5 The Ministry of Transportation indicated that detailed plans must be submitted to their office to evaluate the impact of the forcemain on their Highway No. 2 right-of-way. Issues regarding the future responsibility of the forcemain must be resolved prior to the issuance of any permits from the Ministry. REPORT NO. : PD- 31 -92 PAGE 9 9 . 6 The Ministry of Natural Resources indicated that they had no objections to the principle of the amendment, but noted that any concerns they may have regarding the actual use of the land for the leachate collection system and the location of the forcemain will be addressed through the review of the conceptual plan and stormwater management plan. 9 . 7 . 1 The Region of Durham Works Department, in comments dated November 2 , 1989, indicated that the proposed leachate collecting system as submitted, is technically feasible. The cost for providing the additional facilities to handle the landfill leachate, such as an equalization tank and additional Sewage Treatment Plant capacity, is estimated to be $510, 000. 00, including engineering fee. 9 . 7. 2 The Works Department further noted that the applicant must post an irrevocable Letter of Credit for $510, 000. 00 at this stage to allow the Department to proceed with the design of the plant including the aforementioned additional facilities. In the case that this project cannot proceed due to the denial of the official plan amendment, they will return $350, 000. 00 of the posted Letter of Credit and the remainder would be retained to cover the engineering cost of design and redesign of the Graham Creek W.P. C.P. 9 . 7 . 3 The Works Department concluded that they have no objection to the servicing aspects of the proposal subject to the aforementioned financial conditions being satisfied. 9. 8 The Ministry of the Environment noted in comments dated June 28 , 1990, that further investigation into the status of the allocation of capacity for the forcemain with the Region of Durham Works Department indicated that allocation of capacity for the forcemain expansion plans has not been provided. The Ministry indicated that, in light of the Works Department comments, the application would appear to be premature. 5 91 9 19 REPORT NO. : PD- 31 -92 PAGE 10 10. PUBLIC SUBMISSIONS 10. 1 A large number of submissions in respect of the leachate forcemain have been received (Attachment No. 3) . The following is a summary of the concerns expressed by the public: the central issue in the review of the forcemain, Infill and Expansion proposals is the suitability of the Laidlaw site for a landfill; consideration of the forcemain proposal is premature pending resolution of the Infill and Expansion proposals under the Environmental Protection Act and the Environmental Assessment Act respectively; the need for the leachate forcemain if the leachate problem at the landfill site is not supposed to be serious; by proposing the forcemain, Laidlaw is admitting the site has inadequate natural attenuation; the forcemain should be subject to a full Environmental Assessment under the Environmental Assessment Act; the Ministry of the Environment had declined the request to have the proposed forcemain subject to the Environmental Assessment Act; disposing of the leachate in Lake Ontario is not acceptable; the proximity of the outfall for the Water Pollution Control Plant to the water intake for Newcastle Village; the Graham Creek Water Pollution Control Plant does not have the facilities to treat the toxins in the leachate from the Laidlaw landfill site. 11. STAFF COMMENTS 11. 1 Laidlaw has indicated that the proposed forcemain and the proposed expansion to the Graham Creek W.P.C.P. are respectively intended to transport and treat the leachate generated at the proposed Major Expansion of their landfill site. However, as of the writing of this report, Laidlaw has not submitted the applications for Official Plan Amendment or > 7 2U REPORT NO. : PD-31 -92 PAGE 11 rezoning to the Region or the Town, nor has the company provided any indication as to when these applications will be forthcoming. Regional Works Staff have recently advised that Laidlaw have not submitted the requested Letter of Credit. As well, the capacity allocation requested by Laidlaw has not been incorporated into either the design plans for plant expansion or the Class Environmental Assessment. 11. 3 Ministry of the Environment Staff have also advised that they have not had a recent indication from Laidlaw as to when the draft Environmental Assessment documents in respect of the proposed Major Expansion will be submitted. 11. 4 It is apparent, from the review of the agency comments and the submissions made by the public in respect of the subject Official Plan Amendment, that consideration of the proposed leachate forcemain and the allocation of capacity in the Water Pollution Control Plant to treat the leachate cannot be considered in isolation from Laidlaw's Major Expansion proposal. Given the uncertainty as to the timing of the required applications to amend Regional and local planning documents in respect of the Major Expansion, as well as the Draft EA documents, there does not appear to be any compelling reason to keep the Official Plan Amendment application file in respect of the leachate forcemain open. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawren Kotseff Director of Planning Chief d nistrative and Development Officer JAS*DC*FW*df 8 January 1992 Attachments # 1 Laidlaw lands & proposed forcemain route # 2 Draft Official Plan Amendment submitted by Laidlaw # 3 Summary of Public Submissions 5n REPORT NO. : PD- 31 -92 PAGE 12 Interested parties to be notified of Council and Committee's decision: Mr. Michael J. Pullen, P.Eng. Mrs. Helen MacDonald Laidlaw Waste Systems Ltd. R.R. # 1 3410 South Service Road Newtonville, Ontario P.O. Box 5057 LOA 1J0 Station A Burlington, Ontario L7R 3Y8 Mr. John McDermott Mrs. J.A. Metcalfe McDermott & Associates Limited R.R. # 3 Pickering Corporate Centre Newcastle, Ontario 1305 Pickering Parkway LOA 1H0 Suite 406 Pickering, Ontario L1V 3P2 Mr. Normunds Berzins, Chairman Mr. Glenn Stapleton Committee of Clarke Constituents 2100 Stapleton Road Box- 20028 R.R. # 8 Newcastle, Ontario Newcastle, . Ontario L1B 1M3 L1B 1L9 Mr. John Veldhuis, Chairman Mrs. Patricia Vickery Port Granby-Newcastle 43 Thorncliffe Park Drive Environment Committee Apt. 712 R.R. # 1 Toronto, Ontario Newtonville, Ontario M4H 1J4 LOA 1J0 `e� PROPOSED LEACHATE C�KEO M."tf PUMPING STATION EXISTING LANDFILL SITE 115 PROPOSED F MAJOR `- EXPANSION 3 C cif Q 17 O z 18 � � d w �. J •� a. h fV co 2 C1� NEWCASTLE HIGHWAY No.2 NEWTONVILLE o a O HIGHWAY 401 1 401 z in a METC ST. R- CONCESSION ROAD 1 GRAHAM CREEK WATER POLLUTION CONTROL PLANT n S PROPERTY OWNED BY LAIDLAW uuuuun� PROPOSED LEACHATE FORCEMAIN ROUTE Lake Ontario C Attachment No. 2 DRAFT OF PROPOSED AMENDMENT TO THE REGION OF DURHAM OFFICIAL PLAN. (AS PROPOSED BY LAIDLAW) THAT Section 14, entitled "Utilities and Services" forming part of the Official Plan of the Regional Municipality of Durham be amended insofar� as is necessary to incorporate a new subsection which shall read as follows: "Notwithstanding any other provision of this Plan to contrary, a reserve capacity based on an average discharge of 64 , 000 gallons per day and a peak flow of 270,000 gallons per day shall be incorporated into the design capacity of the Graham Creek water pollution control plant in Newcastle in excess of the design population equivalent delineated on Map "C" to this Plan. This capacity shall be allocated to the treatment of leachate from the Landfill Operation located in part of Lots 11 and 12 of Concessions 2 and 3 of the Town of Newcastle and shall not be used to sustain development beyond the design population equivalent indicated on Map "C". It shall further be the policy of this Plan to provide for -the construction of a sewage forcemain from the Landfill Operation in part of Lots 11 and 12 , Concessions 2 and 3 in the Town of Newcastle to the Graham Creek water pollution control plant. The forcemain shall be constructed to provide for the treatment of leachate from the aforementioned landfill site only and shall not be designed to accommodate the servicing of existing development or new development of lands adjacent the forcemain. Notwithstanding the foregoing, where the sewage forcemain and any related facilities are owned and operated by the Regional Municipality of Durham, Regional Council may provide for the oversizing of the forcemain and related facilities to provide for the future extension of sanitary sewers to . the Hamlet of Newtonville. Such oversizing shall not be used to provide for the servicing of existing development or the development of lands adjacent the forcemain outside of the Newcastle Small Urban Area or the Hamlet of Newtonville. " r 2,`t l Attachment No. 3 PUBLIC SUBMISSIONS REGARDING LEACHATE FORCEMAIN PROPOSAL Mr. David Scott on behalf of the Committee of Clarke Constituents 1) Letter to the Region of Durham (October 10, 1989) the central issue in the review of the forcemain, Infill and Expansion proposals is the suitability of the Laidlaw site for a landfill by proposing the forcemain, Laidlaw is admitting the site has inadequate natural attenuation consideration of the forcemain proposal is premature pending resolution of the Infill and Expansion proposals under the Environmental Protection Act and the Environmental Assessment Act respectively 2) Letter to the Provincial Minister of the Environment (October 13, 1989) objecting to the proposed disposal of leachate from the Laidlaw site in Lake Ontario requesting that the forcemain be subject to a full Environmental Assessment under the Environmental Assessment Act 3) .Letter to Premier David Peterson (March 15, 1990) expressed concern that the Ministry of the Environment had declined the request to have the proposed forcemain subject to the Environmental Assessment Act, and that the Ministry was apparently expediting its review of Laidlaw's applications Mrs. Helen MacDonald 1) Letter to Laidlaw (July 19 , 1989) objected to the proposed disposal of leachate in Lake Ontario, and the proximity of the proposed forcemain to the water intake for Newcastle Village 2) Letter to the Region of Durham (October 11, 1989) objecting to the proposed disposal of leachate from the 599 � 5 Laidlaw site in Lake Ontario, and indicating that the leachate forcemain proposal should not be dealt with until the Infill and Expansion proposals have been resolved Mrs. Patricia Vickery 1. Letter to Town (received October 4 , 1989) indicated concern that the Graham Creek Water Pollution Control Plant does not have the facilities to treat the toxins in the leachate from the Laidlaw landfill site Mr. Glenn Stapleton 1. Letter to the Town (October 4, 1989) questioned why Laidlaw is proposing a leachate forcemain if the leachate problem at the landfill site is not supposed to be serious Mrs. J.A. Metcalfe 1. Letter to the Region of Durham (September 26, 1989) questioned why Laidlaw is proposing a leachate forcemain if there is no supposedly leachate problem at the landfill, questioned the ability of the Graham Creek Water Pollution Control Plant to treat the toxins in the landfill Mr. John Veldhuis, Port Granby-Newcastle Environment Committee 1. Letter to the Region of Durham (October 12 , 1989) stated that disposing of the leachate in Lake Ontario is not acceptable both the Infill and Expansion proposals should be examined under the Environmental Assessment Act prior to the leachate forcemain proposal being considered `' � Z6 THE CORPORATION OF THE TOWN OF NEWCASTLE Memorandum JAN 20 3 19 PN 192 To: Patti Barrie, Town Clerk From: Janice Szwarz, Senior Planner, Strategic Planning Date: 20 January 1992 Subject: Interested Parties - Report PD-25-92 (Laidlaw Infill) and Report PD-3.1-92 (Laidlaw Leachate Forcemain) Please make the following changes to the List of Interested Parties for the following reports: Report PD-25-92 1. Contact person at TransCanada Pipelines is changed to: Mr. Fraser Mowat 2. Please add: Mr. Paul T. Hasoulas 55 Limevale Crescent Scarborough, Ontario. M1 E 2K5 Report PD-25-92 and Report PD-31-92 1. Suite # for McDermott & Associates: please change from #406 to #704. 2. Please add the following name: Mr. John Chipman Fasken Campbell Godfrey - Barristers and Solicitors Toronto Dominion Bank Tower P.O. Box 20 Toronto-Dominion Centre Toronto, Ontario. M5K 1 N6 Thank you for your attention to this matter. Janice. JAS*df