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HomeMy WebLinkAboutPD-23-89 DN: 17. 5 (i) TOWN OF NEWCASTLE REPORT File # D. ' u 1j .3 Res. # .r 0") ;j - - -- �. By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, January 23, 1989 REPORT #: PD-23-89 FILE #: PLN 17.4.1 SUBJECT: LAIDLAW LANDFILL SITE INFILL PROPOSAL OUR 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-23-89 be received; and 2. THAT Laidlaw Waste Systems Limited be advised that the Council of the Town of Newcastle requires that an application to amend the Durham Regional Official Plan and the Town of Newcastle Zoning By-law as well as site plan approval with regard to its "infill" proposal to enlarge the existing sanitary landfill in Lots 11 and 12, Concession 3, in the former Township of Clarke; and 3. THAT Laidlaw Waste Systems Ltd. and the Region of Durham be advised of Council Decision and a copy of Report be forwarded to same. 1. BACKGROUND: 1.1 As Council is aware, Laidlaw is in the process of making two applications on their property in Lots 11 and 12, Concession 3, former Township of Clarke as follows: i) Major Expansion of their operation to the south with a capacity of 8 - 10 million tonnes. A full Environmental Assessment is being prepared. . . .2 REPORT 08^: pD-23-89 PAGE 2 _______________________________________________________________________________ ii) Iofill Expansion between the two lobes of their current landfill operation currently utilized as an easement by Trans-Canada Pipelines. They are proposing to relocate the pipeline and landfill approximately 250,000 tonnes. This appareotIl, dues not require an environmental aeae000xeut but can be processed under the Environmental Protection Ant. The general area of the iofilI proposal is abovnu on Attachment #l. & Cross-Section of the IotilI Proposal was prepared by Staff and forms Attachment # 2. I.% LaidIawWaate System Ltd. has advised that the Durham Region Works Department has expressed an interest in the iofilI proposal as an ' interim landfill site. The iufilIiug would give approximately two years of additional life to the site. 1.3 First information on the iofill gzoDooaI was received by Staff at a meeting on December I]' 1988 with LaidlavvWaste Systems Consultants and Regional Planning staff. At that meeting Laidlaw requested an interpretation from the Region and the Town as to whether an amendment to the Durham Region Official Plan or the Town of Newcastle DVoiog By-law is required for this niofilliug''. In turn, planning staff stated this required further review and requested Laidlaw to provide specific information on the proposal including site plans and estimates / of the current volume of the landfill site. 1.4 On January 9' 1989 a letter was received from Dr. Peter 800xeomck of the Institute for Environmental Research, consultants for Laidlaw' outlining the proposed oouaoItotioo process for the two landfill site proposals by Laidlow (Attachment 0o. 3) . Dz. Booeuuok reports that [aidlaw indicated at the meeting that (at least in their opinion) , it would appear that an amendment of the Durham Regional Official Plan is not uemeoeozy. As noted above, Stuff reserved judgement on that issue. . \ REPORT 0O. : pD-23-89 PAGE 3 _______________________________________________________________________________ 1.5 The iofill proposal initially presented to Staff was for 33,000 tonnes of landfill. As it is now proposed, the iutilI proposal would accommodate approximately 250'000 tonnes. 3. OFFICIAL PLAN AND ZONING: 2.1 The Durham Regional official Plan designates the LaidIaw Iam]o "Permanent Agriculture Reserve" and "Major Open Space" with the Graham Creek valley lands identified as "Hazard Lands". The policies in Section 14 of the Plan require that sanitary landfill sites be specificaIIl, identified in the text and schedules of the official / Plan. As the LaidIaw operation is not so identified, it is no existing use wblob does not conform to the provisions of the Plan. 2.3 Section 16.6.5 reads as follows: "Notwithstanding Sections 8.3.3.3' I6.6.1, 16.6.2 and 16.6.3' this Plan is out intended necessarily to prevent the continuation, expansion, or enlargement of ooeo which dm not conform to the designations and provisions of this Plan. At their sole discretion, the Councils of the area municipalities may zone to permit the continuation, expansion or enlargement of existing uses, or the variations to similar uses, provided that such uses: m) have no adverse effect on the present uses of the surrounding / lands or the implementation of the provisions of this Plan; b) have regard for the Agricultural Code of Practice as amended from time to time' if applicable; o) are accessible by a public road which is maintained by the appropriate authority as open to traffic on a year-round basis and is of a standard construction adequate to provide for the additional traffic generated by the proposed use; and d) are subject to any conditions that may be contained in a District Plan. Each case will be considered on its own merits by the Council of the respective area municipality and may be subject to site plan controls." REPORT 00. ; pD-23-89 PAGE 4 _______________________________________________________________________________ 2.3 The Town of Newcastle Zoning 84-63 zones the subject lands "Agriculture (A) n and "Agricultural Exception (A-l) n with the vaIIeylaodo associated with the Graham Creek being "Environmental Protection (EP)n. As eoob, the existing land use is non-conforming to the Zoning By-law. 3. COMMENTS: 3.1 Under the Dlouuiog Ant and the provisions of the Durham Regional Official Plan non-conforming land uses are permitted to continue to operate if the use, building or structure was lawfully used for such ' purpose on the day the by-law was a dop ted. The C omm ittee o f Adjustment is empowered to considered such cases as minor extensions or enlargements. Staff is of the opinion that an enlargement of the landfill site is not within the power of the Committee of Adjustment to deal with. 3.2 Section 16.6.5 of the Durham Regional Official Plan provides some details to guide consideration of when an official plan amendment is necessary. Under this provision, Town Council could enact a zoning by-law to permit the Laidlaw niufill» proposal provided it was satisfied that, among other things, there would be no adverse impact on / the present use of the surrounding lands and the implementation of this Plan. It is Staff's submission that the proposal will have, or in the very least may goteutiaIll, have, an adverse impact as follows: i) extended two (2) year operational period will extend the social disruption due to impacts such as noise, dust, traffic, and operational characteristics of a landfill site. ii) enlarged volume of landfill will increase the volume of contaminants and tboo the environmental risk. As a result of the potential adverse impacts on the eozz000diog laud uses, it is the opinion of Staff that the due process of an Official Plan Amendment is required. 3.3 Staff have consulted with Regional Planning Staff on this matter. It is their opinion, as well, that an Official Plan Amendment is ) .} ( / REPORT K0. : PD-23-89 PAGE 5 _______________________________________________________________________________ 2.4 Given the significant planning and environmental cnuoerua with a BcopnaaI of this nature, it is prudent that it be submitted to the doe public process in order for Council to consider the merits of the proposed development. An amendment to the Official Plan and Zoning By-law, is therefore necessary and appropriate. 3.5 It should be noted that Laidlaw Waste Systems is referring to this enlargement as the xiufiII" proposal. This could create the impression that it is aminoc enlargement whereas the proposal would ultimately contain a significant volume of waste of about 250,000 tonnes. / 3.6 As provided for under Section 16.6.5 of the Durham Regional Official Plan LaidlawWaote Systems will also be required to make application for site plan approval. Respectfully submitted, Recommended for presentation to the Committee /` \ ---------------- Franklin Wu, M.C.Z.P. Lawrence otoeff Director of Planning & Development Chief &dmidi tcative Officer DJC*FW* 'lp *Attach. / January Il, 1988 CC: Mc. Peter Bomeuooh Institute of Environmental Beoeacob 81 Sheppard Avenue West Suite 201 WILL8sDALE, Ontario M2N 1M4 CC: Mr. Barry Docoahok 8lott, Fe 'ec, Felki 6 Dooitt Suite 400 15 York Street TORONTO, Ontario M58 385 CC: Michael J. Pullen, P.Eug. Regional Engineer Laidlaw Waste Systems Ltd. 3410 South Service Road P.O. Box 5057, Station A BURLINGTON, Ontario L7B 3Y8 � 0 � MiWM• I » OFFICE as+m N s 1 b �EROIJfED 11�-MAINTENANCE w.�... PI E SHOP C ., v. oboar N a Port Hope 2 03 '1;a I DURHAM LANDFILL Bovrmanville SITE ' SEDIMENTATION OSHAWA ZZ i/ — , \ ,\; Pop, .........�... KEY PLAN sCALZ k70DPW APPROXIMATE BOUNDARY OF INFILL I t CLOSED LANDFILL Q g r I r \ EXISTING LANDFILL :Q: t r _ / i / PROPERTY BOUNDARY LAIDLAW WASTE SYSTEMS (DURHAM) LTD. LANDS 30m EASEMEN .i f---- —I LEACHArE COUZ710N w ——— 1 BASIP NO.I / a �——— LEACHATE 00�1-ECTION i --I B41N NO.2/ // 0 25 50 roo l� � _ c� METRE i ` r J r Title Marshall Macklin Monaghan Limited Irk Consulting Engineers*Planners DURHAM LANDFILL NAM Duncan Min Rood,Dan Mills,0nt. 449-2500 i Checked E.H.K. Dote JAN/89 Job No. 14-88073-103 INFILL Drnwn G.H.F. Scale AS S}1GNN FigoreNO. CROSS SECTION A - q PROPOSED INF/LL : :, •�'' `µ. .' ' z CONTOUR L IMI T rr 1: 3 Y� .,jam +N� � .rte y[ 4 , �� f ">V tin'•T � 9�? .� t y•, "n" tx T t er. r .N Y 4 . n r� 4• l�•' t�,^�r1 r�'S t ri 1.� G •�:7 K7: P: R A a O =. M M� A'. r y ..� t CREEK 'O R N r' c• Y, A G R x 25 -� 0 50 75 TOWN OF NEWCASTLE 100 m NOTE All grades PLANNING 8,DEVELOPMENT DEPART It is are approximate and based m assumed that the drawing DEPARTMENT top elevation g by Marshall, Macklin will remain unchanged, , Monaghan Ltd. dated Jan, a � 1�89, iv 5'( �' ATTACHMENT N0. 3 81 SHEPPARD AVE.W., SUITE 201,WILLOWDALE(TORONTO),ONTARIO M2N IM-1 INSTITUTE OF FAX(I 16) 229-6272 ENVIRONMENTAL RESEARCH (19£35) INC. January 3, 1989 JAN 9 1989 Region of Durham, Planning Department, TOWN OF NEWCASTLE 150 Consumers Road Whitby, Ontario PLANNING DEPARTMENT Attention: Dr. M. Michael, Commissioner of Planning Dear Sir: Re: Laidlaw Waste Landfill, Newtonvilte E.A.and E.P.A. Applications Thank you for meeting with us on Dec. 13, 1988. As requested the following is a summary of the process Laidlaw is pursuing for the approvals of the expansion and the infilling of the landfill on Lot 12 Conc. III Town of Newcastle. As discussed, there are 3 specific legal process activities - the infilling; the site expansion, and the planning amendments. Each is discussed separately below. INFILL Firstly, the infilling on lands occupied by Trans Canada Pipelines Ltd. is to proceed under the Environmental Protection Act for an interim approval. The timing of the application is immediate and the engineering work is to be completed within two and a half months for review by the Approvals Branch of the Ministry of the Environment. This infilling will give approximately two years of additional life to the site while the approval for the larger southern area is undergoing an Environmental Assessment. An approximate volume of 300,000 m^3 is available. Region of Durham Works Dept. has expressed an interest in this interim capacity. (At the meeting a number of 40,000 m"3 or 33,000 tonnes was referred to as the number under which only an E.P.A. hearing is required. This is applicable for populations under 1500 and since this is clearly not the case here,this number has little meaning in this application). With respect to the process of reviewing the infill application, a plan that will give the approximate area for I the infill should be submitted to you and the Town of Newcastle in the next week or ten days. An official request to the Minister to proceed with the application under the Environmental Protection Act will be made shortly. An open house will be held in February to apprise the nearby residents and the community in general of the infill proposal and to provide the residents with an opportunity to indicate their concerns, if any. We would expect to have the engineering work completed by late March at which point the EPA report would be submitted to the Ministry of the Environment for their consideration. I would expect that the engineering information and EPA report will be submitted to you at the same time that it is submitted to the Ministry of the Environment. As indicated in the meeting, it would appear that an amendment of the Durham Official Plan is not necessary for the infill. - vLr �� P� � 2 EXPANSION Secondly, the larger area to the south is the subject of an application under the Environmental Assessment Act. This area is proposed to be landfilled over the next twenty years at a rate of 2000 tonnes per day primarily to service the Region of Durham. The timing for this is that the draft EA reports should be submitted about April of 1989 with an anticipated hearing as early as February 1990. With respect to the E.A. process of public consultation for the proposal, we will be circulating an additional newsletter in January or February along with an open house to be held in February. At this open house, the work in progress will be presented to the residents and community as well as the identification of issues and trade-offs to which public input would be an important element. The public open house will be preceeded by an open house for politicians and staff. Your comments at this time would be very useful to the ongoing development of the E.A. process. The consulting work in a wide variety of disciplines will be continuing and we anticipate having a draft Environmental Assessment report to submit in late April. At the time of the submission, which will mark the beginning of the review process,there would be an additional newsletter and open house to provide all of the residents in the community with an opportunity to comment on the draft EA submission. Again there will be a pre-public open house for politicians and staff to review the E.A. submission information. You will, of course, receive all of the E.A. documentation for review and comment at this time. It is our expectation that we will receive comments back from the Ministry of the Environment, other goverment review agencies,the Municipality of Newcastle, and the Region of Durham early in the summer period and that the final EA document would be submitted in September of 1989 with the expectation of a hearing early in 1990. At one or more times during the EA process, I fully expect that Laidlaw officials and their prime consultant and legal advisors will wish to meet with both Newcastle and Region councils. In addition to the EA and EPA approvals on the Expansion, we recognize that amendments to the Region's Official Plan and Town's Zoning By-Law are necessary. We intend to run these applications in parallel. OFFICIAL PLAN AMENDMENT With respect to the official plan amendment and zoning bylaw for the Expansion, we anticipate submitting the request for the O.P. amendment in late February or early March, 1989. At that time we will also be requesting Consent for "...the receiving, dumping and disposing of waste.." pursuant to the Regional Municipality of Durham Act. Your staff has indicated that the Consent request can be made as part of the O.P.A. request. At the same time we will file a rezoning and site plan application with the Town of Newcastle. Should you require or foresee any further approvals necessary, please advise us immediately. We would hope to have discussions with your staff and the Municipality of Newcastle within a two or three week period so that we can ensure that the information you would want to have for review of the O.P. amendment is prepared in conjunction with the EA process. When the draft EA is completed in late April, all of the information that one would expect to consider for the amendments should have been prepared. I would further suggest that the required public consultation on the amendments be part of the open house that Laidlaw will hold in May as part of the Environmental Assessment process. This, of course, reflects the inter-twined nature of the E.A. requirements with those of the planning applications. We would need to coordinate this session with you and the planning committees. From the above noted timeframes, I would expect that you will receive information for review and comment on several occasions in the period from February to June, 1989 with the most intense activity likely occurring in May. 3 1 am sure that the consultants would appreciate any advice you may have concerning these applications. You should contact the consultants directly if you wish. Infilling application under E.P.A. -Mr. Barry Horosko 364-7707 Landfill expansion under the E.A.A. - Dr. Derek Coleman 519-740-3140 As well,contact either Mr. Horosko or Dr. Coleman in regard to the official plan amendment. Sincerely yours, Peter Homenuck, MCIP Partner cc. M. J. Pullen Derek Coleman Barry Horosko Don Tefft Les MacMillan Peter Homenuck • David Crome Francis Wu