HomeMy WebLinkAboutPD-237-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: LAIDLAW.GPA REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, October 7, 1991 Res. #
By-Law#
Report#: _P1)-2 7- file #: DEV 89-44; OPA 89-39/1)
Subject: LAIDLAW INFILL PROPOSAL
APPLICATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN 89-39/D
REZONING APPLICATION DEV 89-44
PART LOTS 11 & 12, CONCESSION 3, FORMER TWP. OF CLARKE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-237-91 be received;
2 . THAT the Ministry of Municipal Affairs and the Consolidated
Hearings Board be advised that the Council of the Town of Newcastle
must be provided adequate time to prepare final comments on the
Laidlaw Infill application prior to the Official Plan Amendment
application being referred to the Ontario Municipal Board and a
Consolidated Hearing being scheduled;
3 . THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. PURPOSE
1. 1 The purpose of this report is to advise Committee and Council of
the status of the Official Plan Amendment and Rezoning Applications
with respect to the Laidlaw Infill Proposal.
2 . PROPOSED DIVERSION OF GRAHAM CREEK AND EXTENSION OF LEACHATE
COLLECTOR SYSTEM
2 . 1 On July 29, 1991, the Town received a letter, together with a draft
tender document, from Henderson Paddon & Associates Limited, a
consultant for Laidlaw, advising of the company's proposal to
relocate a portion of Graham Creek and to extend the low level
leachate collector at the Laidlaw landfill site (Attachment No. 1) .
The letter states that, in its existing location, the Creek is
quite close to the existing landfill site and the proposed
relocation would benefit the Creek by providing an additional 20+
REPORT NO. : PD-237-91 PAGE 2
(66 ft. ) buffer distance from the landfill. The proposed relocation
of Graham Creek is indicated on Attachment No. 2 .
2 . 2 Laidlaw has advised the Town that the proposed works are abatement
measures intended to deal with existing problems at the landfill
site, and are not related to the Infill proposal. However, the
Ministry of the Environment has not to date, formally advised the
Town whether the proposed works will be reviewed in the context of
the proposed Infill project.
2 . 3 Henderson Paddon has submitted applications to the Ministry of
Natural Resources and the Ganaraska Region Conservation Authority
in respect of the proposed works. Authority Staff issued a permit
in respect of the extension of the leachate collector system on
September 19, 1991. The Ministry of Natural Resources has requested
Henderson Paddon to submit additional information regarding the
proposed relocation of the creek.
3 . MINISTRY OF THE ENVIRONMENT COMMENTS
3 . 1 By letter dated September 3 , 1991 to Laidlaw, the Ministry of the
Environment forwarded its most recent comments regarding the
technical documents submitted in support of the Infill proposal.
A copy of the letter was considered by Council at its meeting of
September 16, 1991 and forwarded to the Planning Department as part
of the review of the related Official Plan Amendment and rezoning
applications.
3 . 2 The Ministry indicated in their letter that the basic unresolved
issue remains to be the worst case flow and concentration of
leachate which may end up in Graham Creek during low water flow
conditions in the creek and the impact of this in terms of
Provincial Water Quality Objectives. The Ministry had suggested to
Laidlaw that additional information which would assist in the
resolution of these issues could be obtained by drilling into the
existing waste mounds. Laidlaw has apparently advised the Ministry
7
REPORT NO. : PD-237-91 PAGE 3
that they do not feel that the risks associated with drilling into
the waste would be worth taking in order to obtain satisfactory
answers.
4 . SCHEDULING OF CONSOLIDATED HEARING
4. 1 The Consolidated Hearings Act applies in respect of an undertaking
for which more than one hearing or tribunal is required under the
various provincial legislation to which the Consolidated Hearings
Act applies. Laidlaw has formally requested the Environmental
Assessment Board for a hearing pursuant to the Consolidated
Hearings Act in respect of the following:
the application pursuant to Part V of the Environmental
Protection Act (EPA)
the application for rezoning
the application for Official Plan Amendment
the application for consent pursuant to the Regional
Municipality of Durham Act.
4 . 2 A Consolidated Board for the Laidlaw Infill Proposal would consist
of representation from the Ontario Municipal Board (OMB) and the
Environmental Assessment Board (EAB) . A hearing before a
Consolidated Board cannot be scheduled until such time as all of
the pertinent applications have been referred to the OMB and the
EAB.
4 . 3 To date, only the rezoning application regarding the Infill
proposal has been referred to the OMB. Laidlaw appealed the
application directly to the OMB in April 1990 on the basis of
Council's failure to deal with the application within thirty days.
4.4 Ministry of the Environment Staff have advised Town Staff that
Laidlaw and the Ministry have reached an impasse on the technical
issues outlined in the Ministry's letter of September 3 , 1991.
Laidlaw is apparently willing to proceed to a hearing before the
Consolidated Hearings Board to have these issues resolved. On
September 24 , 1991, the Ministry forwarded a letter to the
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REPORT NO. : PD-237-91 PAGE 4
Environmental Assessment Board to refer the Part V EPA application
and to request that a consolidated hearing be convened in respect
of the Infill proposal at the earliest opportunity (Attachment No.
3) . Staff received a copy of the Ministry's letter on September
30, 1991.
4. 5 The Ministry of Municipal Affairs has indicated that it would not
refer the Official Plan Amendment application to the OMB until such
time as the Ministry of the Environment has advised that the Part
V application may proceed to the EAB and the comments of the Town
and the Region have been received. However, Municipal Affairs Staff
have verbally advised Town Staff that, once the Part V EPA
application has been referred to the EAB, the Ministry would allow
the Town and the Region thirty (30) days to submit their final
comments. The Ministry would refer the Official Plan Amendment
application to the OMB at the end of the thirty day period whether
or not the comments of the Town and the Region have been received.
5. CONCLUSION
5. 1 The scheduling of a Consolidated Hearing in respect of Laidlaw's
Infill proposal is likely to occur within the foreseeable future.
The thirty day window the Ministry of Municipal Affairs proposes
to provide the Town to submit final comments on the Infill
application is arbitrary and would not permit sufficient time for
the Ministry of the Environment's final comments to be evaluated
and a report to be prepared by Staff. As well, due to the municipal
election, there will not be any working meetings of Committee or
Council between the middle of October and the first part of January
1992 . The Ministry and the Consolidated Hearings Board should be
advised that the Town must be given adequate time to finalize our
comments on the infill application prior to the Official Plan
Amendment application being preferred to the Ontario Municipal
Board and a Consolidated Hearing being scheduled.
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REPORT NO. : PD-237-91 PAGE 5
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. L renc E. Kotseff
DIrector of Planning Chief inistrative
and Development Officer
JAS*DC*FW*df
*Attach
25 September 1991
Attachment No. 1 Letter from Henderson Paddon to L. Kotseff, dated
July 26, 1991
Attachment No. 2 Map indicating relocation of Graham Creek as
proposed by Henderson Paddon
Interested parties to be notified of Council and Committee's decision:
Mr. Michael J. Pullen
Laidlaw Waste Systems Ltd.
3410 South Service Road 1 �/
P.O. Box 5057, Station A 1
Burlington, Ontario -
L7R 3Y8 'h ZA
t� r
Mr. David J. Scott '
Committee of Clarke Constiti
P.O. Box 20028,
Newcastle, Ontario
L1B 1M3
Mr. Brian D. Riddell
Assistant Deputy Minister
Ministry of Municipal Affaii
777 Bay Street
Toronto, Ontario
M5G 2E5
REPORT NO. : PD-237-91 PAGE 6
Mr. James Curran
Hearings Registrar
Consolidated Hearings Board
2300 Yonge Street
12th Floor
Toronto, Ontario
M4P 1E4
Dr. Mofeed Michael, Commissioner
Region of Durham Planning Department
Lang Tower, West Bldg.
4th Floor
1615 Dundas Street East
Whitby, Ontario.
L1N 2L1
Attachment No. 1
Ccsiv'
H EN D ERS0N, P A D D 0 N & AS. S0CIATES LI-M I T E D
CIVIL ENGINE ERING CONSULTANTS & .PLANNERS ♦ OWEN SOUND ♦ F _ RT ELGIN ♦ GUEL.PH
OIWEN SOUND=ROFESSIONAL CE`.TRE. ♦ 9-=THIRD AVENUE EAST,SUITE 212,OWEN SOUND,ONTARIO N4K 2K8 ♦ TEL (51� '-"c-7612 FAX '.'9)376.8008
8496D
July 26 , 1991
RECEIVED
Mr. Larry Aotseff -
Chief; .ExeCiitive Officer' . JUL 2A i9g1..
Town of Newcastle
40 Temperance .St TnwN-OF. NEWGAST E
B owmanv i l l e, Ontario -L)MINISTRA?OR'S OFFICE
L1C 3A6
Re : . .Laidlaw Waste Systems (Durham) Ltd.
Existing -Newcastle Landfill Site
Contract Number 84961) for
Easterly.-Extension -of Low Level Leachate Collector and
Relocation of Graham Creek.
Dear Sir:
CWe enclose the following :
Drawings , Contract Documents and Specifications -for the above
work.
The purpose of the relocation of -Graham ' Creek;' northerly, is to
provide additional buffer distance between the ex.isfiing landfill
site , and the Creek. In the existing location, the Creek is quite
close to the existing landfill site . We observe that it would be
beneficial to the Creed: to relocate the short section proposed , to
obtain an additional 20 m + buffer distance from the landfill .
The following design factors were considered in the proposal :
11 Movement of -the creek will provide considerable additional
buffer from the existing landfill site ,
2 . The proposed realignment mirrors the existing creek as much as
possible.
3 . The existing creek bed cross-section has been prjvided in the
relocated location, similar to the existing crops-section .
4 . Armouring of the creek side slopes will prevent _,eandering in
this area, to prevent the creek running closer tc the landfill
due to natural erosion processes in the future .
RECYCLED PAPER
r
Mr . Aotseff , Town of Newcastle 2
Re : Laidlaw Systems ( Durham ) Ltd . July 26 , 1991
o . Construction width will be minimized to prevent loss of shade
to the stream as much as possible .
6 . Gravel beds for spawning and aquatic habitat will be provided
according to MNR recommendations if' desirable .
7 . Approximately similar quantity of excavation and fill will be
provided ( approximately
2600 mi ) .
8. No additional fill will be provided in the floodplain..
The leachate collector design is similar to the westerly- leachate
collector installed two years ago , and which is working
successfully.
This information is provided for your information . Mr. Mike
Pullen, P. Eng , Regional Engineer, Laidlaw Waste Systems will be
providing an executed copy of the Application Form for signature by
the Municipality indicating that you are aware of the proposed
work.
We have made application for approval for the work to MOE, MNR and
the Ganaraska Conservation Authority.
We appreciate your processing the application form from Mr . Pullen.
Very truly yours ,
HENDERSON, PADDON & ASSOCIATES LIMITED
F. C. Ford , P. Eng . , Vice-President
Senior Environmental Engineer
Designated Consulting Engineer
FCF: ,jp
Enclosures
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SEP-30-91 MON 8:50 NOE APPROVALS BR, FAX NO. 4164406973 AttachmeWNo. 3
Ministry Minist6re
of the de
Ontario BnvironmEnt Vr;nvironnement
250 UwA ville Avenue M.Avenue Davisvilie
Toronto,Ontario Toronto(Ontario)
September 24, 1991
Mrs. Laura Corbeil-Reilly
Assistant Registrar
Environmental Assessment Board
2300 Yonge Street
P.O. Box 2382
Suite 1201
Toronto, Ontario � -
M4P IE4
Dear Mrs. Corboil-Reilly:
Re; Laidlaw waste Systems (Durham) Ltd. /Newcastle Landfill
Provisional Certificate of Approval No. A390305
Application for Interim Expansion Hearing No. CH8906
I have received an application from Laidlaw Waste Systems Limited
for amendment of its Provisional Certificate of Approval for the
landfill located on Part of hots 11 and 12, Concession 3, Town of
Newcastle (formerly Township of Clarke) , Regional Municipality of
Durham. The proposed amendment would permit the use of the site,
by Laidlaw Waste systems Limited, for disposal of 90, 000 tonnes of
waste. This proposed amendment has not been designated under the
Environmental Assessment Act and can proceed to a public hearing
under the Environmental Protection Act.
As provided under Section 30 (l)' of the Environmental Protection
_Act.,, R.S.O. 1980, I hereby give formal notice to the Environmental
Assessment Board of the requirement to hold a public hearing of the
Board and request that a Consolidated Hearing be convened, as
provided by Section 33 (1) of the above act, at the earliest
opportunity.
As required under Section 30 (2) of the Environmental Protection
Act, R.S.O. 1980, would you please notify the owners or occupants
of the adjoining properties and arrange to have a notice of a
public hearing published in a newspaper having general circulation
in the area once a week for three consecutive weeks.
A summary of the proposal and application has been attached to this
letter for the information of the Board. Also attached is a list
of the adjacent property owners which, was provided by the
applicant.
S"EP-30-91 MON 8:51 NOE APPROVALS BR, FAX N0, 4164406973 P, O3
Z _
If you require further information please contact Mr. Paul
Nieweglowski at (416) 440--3597.
You S tr y,
J.R. ay, .Eng
D' actor
c.c. J. Merritt
S. weir
D.J. Andrijiw
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