HomeMy WebLinkAboutPD-319-90 REPORT #2
1,�i:_„L,�.-y• , TOWN OF NEWCASTLE �o,�, a�v•U�-
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REPORT File #- �
Res. #
By-Law #
METING: COUNCIL
DATE: Monday, October 29, 1990
P&MT #: PD-319-90 FILE #:
ACT: .APPLICATION TO 'THE MINISTRY OF THE ENVIRONMENT . BY NEWCASTLE
RECYCLING LIMITED FOR CERTIFICATE OF APPROVAL FOR A WASTE DISPOSAL
SITE (TIRE STORAGE)
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PD-319-90 be received;
2 . THAT the Ministry of the Environment be advised that:
a) the Town of Newcastle object to the Application filed by
Newcastle Recycling Limited for Certificate of Approval
for a Waste Disposal Site (tire storage) ;
b) the Town of Newcastle requests a Hearing be held under
Part V of the Environmental Protection Act for the said
Application;
3 . THAT a copy of this report be forwarded to the Ministry of the
Environment, Newcastle Recycling Limited, and to the Port
Granby-Newcastle Environment Committee.
1. Background
1. 1 Correspondence dated September 24, 1990, from the Ministry of
the Environment with respect to the application by Newcastle
Recycling Limited for Certificate of Approval for a Waste
Disposal Site was considered by Council on October 15, 1990
and the said correspondence was referred back to Staff and
solicitor for a report no later than October 31, 1990.
. . .2
REPORT NO. : PD-319-90 PAGE 2
1.2 Recent amendments to Regulation 309, made under the
Environmental Protection Act, requires that the owner of a
site containing 5,000 or more used tires to make application
to the Ministry of Environment for approval to store the
tires .
1. 3 It is noted that the Regional Director of the Ministry of the
Environment has the discretion under Part V of the
Environmental Protection Act to hold a hearing on such
application if he deemed it necessary.
2 . Information on the Existing Storage Facilities
2 . 1 Newcastle Recycling Limited operates an existing tire storage
facility on property located in Part of Lot 12, Concession 3,
former Clarke Township, directly across Graham Creek from the
Laidlaw Landfill site.
2 .2 Staff cannot ascertain the date when the property was used for
tire storage. According to the owner, tires have been stored
on site some twenty years. Currently, there are approximately
250,000 tires stored within the property.
2 . 3 The application for Certificate of Approval states that the
site can receive 150 tires per day and the sources are Impact
Auto Auction, Public from Durham Region, Peterborough County,
Northumberland County, Victoria County, Province of Ontario
and Intermetro Limited.
3. Report from the Fire Department Inspection
Over the past several months, inspections were held by the
Fire Department of the tire storage facility and the
Department has identified several areas of violation of the
. . .3
REPORT NO. : PD-319-90 PAGE 3
Ontario Fire Code. Notices to Comply were sent to the owner
requesting compliance by September 24, 1990 . To date, these
notices remain outstanding. The Fire Chief has subsequently
forwarded a status report to the Ministry of the Environment
requesting the Ministry to enforce the Ontario Fire Code
through the Environmental Protection Act.
4 . Planning Matters
4 . 1 Durham Region Official Plan
Storage of tires is considered as waste disposal and the
following sections of the Durham Region Official Plans are
pertinent:
Section 14.2.13
"No new waste disposal sites shall be permitted unless by
amendment to this Plan. . . . . .No waste site shall commence
operation unless it has been approved by the Ministry of the
Environment in accordance with the provisions of the
Environmental Protection Act and/or the Environmental
Assessment Act. "
Section 14.2.11
"The operation of a waste disposal site shall be in accordance
with the provisions of an agreement to be entered into between
the operator and the respective area municipal Council in
accordance with regulations of the Ministry of the
Environment. "
The existing tire storage facility is contravening the
aforementioned policies .
4 .2 Zoning 84-63
4 .2 . 1 The tire storage facility appears to be located within a
property zoned "General Industrial Exception (M2-5) " as per
the Town's Comprehensive Zoning By-law 84-63 . Use of land
within said zone "shall only be used for a motor vehicle
wrecking yard" .
. . .4
REPORT NO. : PD-319-90 PAGE 4
Motor vehicle wrecking yard is defined to mean "an
establishment where scrap motor vehicles are stored and/or
dismantled and where used motor vehicle parts are sold.
Limited sales of road worthy motor vehicles are considered
accessory to the operation of a motor vehicle wrecking yard" .
Based on the information we collected, it is our opinion that
storage of tires of the size and magnitude on the property
cannot be interpreted as falling within the definition of
motor vehicle wrecking yard and therefore, use of the property
for tire storage is in violation to By-law 84-63.
4 .2 .2 Prior to By-law 84-63, the subject property was zoned
" (M1-1) " by By-law 78-49 which states the property "may be
used for no other purpose than the sorting, cutting, indoor
and outside storage of used rubber tires . . . . . . "
4 .2 . 3 Prior to By-law 78-49 , the property is zoned "Agriculture" in
former Clarke Township By-law 1653, which was approved by the
Council of Clarke Township in November, 1969 .
4 .2 .4 Based on the above information, we arrive at the conclusion
that prior to By-law 78-49 passed in 1978, tire storage was
an illegal use assuming tire storage started after passing
of the By-law 1653 in 1969 . In 1978, By-law 78-49 legalized
the use. However, By-law 84-63 passed in 1984 did not
reiterate tire storage as a permitted use and hence it is our
opinion that the current tire storage facility appears to be
a legal non-conforming use.
4 .2 .5 Any person wishing to expand a legal non-conforming use is
required to either apply to rezone the property or to apply
. . .5
REPORT NO. : PD-319-90 PAGE 5
to the Committee of Adjustment. According to Department
records, there was no rezoning application nor any application
to the Committee of Adjustment for expansion or continuation
of the tire storage facility. Our information indicated that
the owner has been accepting used tires to be stored on site
since 1984.
5 . Other Comments
5 . 1 In its letter dated September 24, 1990 (attached) , the
Ministry of the Environment indicated that they feel a hearing
under the Environmental Protection Act is not necessary and
they indicated that they will recommend to the Regional
Director not to hold such a hearing. Town of Newcastle should
oppose such a position that will be made by the Ministry of
the Environment. The Town's concerns with respect to the tire
storage facility must be addressed through a hearing process
which is absolutely necessary in view of the comments cited
in this report.
5 .2 In addition, the application for Certificate of Approval of
tire storage would appear to enable the owner to continue to
accept tires at a rate of 150 tires per day or 54,750 tires
per year. The Town should oppose to such approval and be
given the opportunity to a hearing under the Environmental
Protection Act.
5 . 3 This report has been discussed with the Town's solicitor and
the Fire Chief who concur with the recommendations contained
herein.
. . .6
REPORT NO. : PD-319-90 PAGE 6
Respectfully submitted, Recommended for presentation
to the Committee
,f
Franklin Wu, M.C. I .P. Lawren E. Kotseff
Director of Planning Chief inistrative
and Development Office
FW*jip
*Attach
23 October 1990
COUNCIL DIRECTION D-8 ;
Ministry Ministere Central Region du
of the de Region Centre
Environment VEnvironnement
f Ontario on
1
st? 21 27 7 Overlea Boulevard 7,boulevard Overlea
u 4th Floor 4e 6tage
Toronto,Ontario Toronto(Ontario)
1990 09 24 M4H 1A8 M4H 1A8
416/467-3003 416/467-3000
Fax:416/9632935 Fax:416/963-2935
Mrs. P.L. Barrie
Clerk
Town of Newcastle 7
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Mrs. Barrie:
i
RE: NEWCASTLE RECYCLING LIMITED
APPLICATION FOR WASTE DISPOSAL (TRANSFER) t
TIRE STORAGE SITE
The Ministry of the Environment, Central Region, has received an application from
Newcastle Recycling Limited, lot 12, concession 3, Town of Newcastle (formerly Township
of Clarke) for a Provisional Certificate of Approval to operate an existing used tire storage
site.
Recent amendments to Regulation 309, a regulation made under the Environmental Protection
Act requires that the owner of a site containing 5000 or more used tires make application to
the Ministry for approval to store the tires.
The attached application form provides details as to the nature of the operation to be carried
out at this location. Additional information has been requested from the company. ,
The Regional Director has the discretion under Part V of the Environmental Protection Act to {
hold a hearing on applications of this type if he feels it necessary.
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Considering hat this is an existing site, we feel that a hearing b the Environmental
g g g Y
Assessment Board is not necessary, and we intend to recommend to the Director that a
hearing not be held in this instance.
Should council wish to make comments with respect to its attitude on the need or otherwise
for a hearing, it may write directly to Mr. D. Beach, District Officer, York Durham District,
no later than October 31, 1990.
Yours truly,
R. Adams
Senior Environmental Officer
York Durham District
cc. D. Beach
C.W. Lundy, Regional Municipality of Durham
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AJ
wuv'jron
of the
Environment
Oritaro
APPLICATION FOR A CERTIFICATE OF APPROVAL
FOR A WASTE DISPOSAL SITE (TRANSFER)
IMPORTANT NOTE:
If this application is for notification of changes 'in' dse, 'Operations, or ownership,
specify the MOE number on your certificate and fill in only the data on this
form which are being revised.
1. Applicant:
Municipal ( ) Provincial ( ) Other
Name: C /3 1 % LC /1 �Gy� 1 /�✓� L //'7 / I�1�-
Address: A", 0AU / Postal Code:
City/Prov.: Telephone: ',`cf-
If Applicant not Municipal or Provincial complete the following:
( ) Proprietorship
Name, if different than applicant: ( ) Corporation: President's Name:
( ) Pu r**�� "-i1 �IamP ^f1 n^r'inar5: �S9Cf�l'Q� "�ilGtdtclF,{�
2. Land Owner: (if not applicant)
Name:
Address:
3. Lessee (if applicable)
Name:
Address:
4. Site Operator
Name: Tlam C k1j- A/ L Title: S�L.
Address: !\ � t1' ��iiv` %` ('/t/% �'/�� Z, 6;,671-14 O
5. Site Location:
City ( ) Concession: >
Town Name: 7Q1%It/ r �-/Ca/�:/'U729'Lot No: %
Village ( ) Part of Lot:
Township ( ) Street Address:
Other( 7e-&1AVfi/-)ew r' Ye*1 0-K04/oz�,-V L
Include a copy of the plan of survey of any lands on which the site is to be located.
- 2 -
6. Site Characteristics and Waste Category
a. Present land use R,6z<- Yc//&feT- O l e AI
b. Present official plan designation of site
C. Present zoning category Al0 Y S I'/?/1q(.
d. Present land use of all adjoining properties to be provided on location map.
e. Rate at which site can receive waste per day.
( ) T-eni /�'i�r_'S �`�2 l.Y(Y ( ) Tonnes i,�zt'
Domestic ,5c� O Gu--Meters Commercial /C)C O Ctrs
Processed Organic Waste /! , ( ) Litres
If any of the following waste categories are intended to be received at the site,
attached a description of each, including their source to the Application.
( ) Tonnes ( ) Tonnes
Liquid Industrial Cu. Metres Non Hazardous Solid Industrial ( )Cu. Metres
O Litres O Litres
O Tonnes { ) Tonnes
Hazardous ( ) Cu. Meters Other ( ) Cu, Meters
( ) Litres ( ) Litres
f. Number of days/year the site is open
g. Population served
h. Names of all municipalities/major industries intended to be served by the site:
1) 4)
t
2) `<R�,� F�'c•z� ��.,'r-r.a.z' ^ 5)
3) �,-c��nr?ou�'H �o.r�:`✓7_ /JO.?r' u:n c3c F?c a. !o�,.0 rr L//'CC 7-C,,e
i
i. Total area of site hectares or „j,� acres
( ) Tonnes
j. Estimated storage capacity: (-Cu. Meters 3.33, 000
(if intended ror storage) ( } Litres
k. Type of facility/operation: UN
( ) open container
( ) compacting
( ) storage - lagoon ( )
- tank ( )
( ) other (specify): A.,�t Q r-SroQiZAC-1,F
7. List all disposal site (for final disposal) =
(i) Site Certificate No.: ,��,',->�,
Location:
0 i) Site Certificate No.:
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8. List all supporting documents submitted with this application: {
n An
9. Signature
Applicant Name (printed) AA7e..s r�l 144 C
14.
Title
(Signature)
Date
SEAL OF COMPANY
(if applicable)
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