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HomeMy WebLinkAboutPD-74-83 1y. Mfr CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MAY 30th , 1983 REPORT NO: PD-74-83 SUBJECT: REGIONAL RECLAIMERS LIMITED, ET AL - PART LOTS 11 and 12, CONCESSION 3, CLARKE APPLICATION FOR REZONING AND APPROVAL OF DEVELOPMENT AGREEMENT - FILE: DEV 82-36 APPLICATION TO AMEND DURHAM REGION OFFICIAL PLAN, FILE: 83-8/D RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-74-83 be received; and 2. That the applications for Official Plan amendment and rezoning submitted by Regional Reclaimers Limited et al for an expanded waste disposal facility on Part Lots 11 and 12, Concession 3, former Township of Clarke, now in the Town of Newcastle, not be approved at this time as they are considered premature pending: (a) an environmental assessment pursuant to the Environmental Protection Act and a detailed public scrutiny in the form of a public hearing ; (b) the execution of a satisfactory agreement between Regional Reclaimers Limited and the Regional Municipality of Durham regarding the designation as a Regional Road and Report No: PO-74-83 . . ./2 construction of Alternative Truck Route 1 as identified in the report "Truck Routing to the Regional Reclaimers Landfill Site in the Town of Newcastle" by H. Mooij & Associates Ltd. , 1982, being a route having truck traffic arriving via Highway 401 , and exiting by an interchange onto the road allowance between Lots 12 and 13, Geographic Township of Clarke as well as a portion of the road allowance between Concession 3 and 4, Clarke, east from the road allowance between Lots 12 and 13 to the entrance of the site; (c) the execution of a satisfactory agreement between Regional Reclaimers Limited et al and the Town of Newcastle regarding the development of the expanded sanitary landfill site; (d) the passing of a by-law by the Council of the Town of Newcastle restricting heavy truck traffic on Town roads in the vicinity of the Regional Reclaimers Limited landfill site; and (e) the receipt of satisfactory assurances from the Ministry of the Environment that the Ministry will enforce the conditions of a Provisional Certificate or Certificate of Approval issued to Regional Reclaimers Limited ; 3. That Council strongly recommend to the appropriate authorities that a Consolidated Hearing, pursuant to the Consolidated Hearings Act , be convened in respect of the applications submitted by Regional Reclaimers Limited et al for a Certificate of Approval , official plan amendment , and rezoning ; 4. That Town of Newcastle staff and the Town Solicitor be instructed to represent the Town of Newcastle at any Hearing held with respect to the subject applications ; and 5. That Town of Newcastle staff be authorized to submit this report and the attached by-law and agreement to the Board presiding over the Hearing as the Town 's recommended position. i I Report No: PD-74-83 . . ./3 BACKGROUND: On December 9th , 1982, the Town of Newcastle received an application submitted by Regional Reclaimers Limited, Newcastle Recycling Limited, and Walter and Betty Hale, to rezone a 129.19 hectare (319.23 acre) parcel of land in Part Lots 11 and 12, Concession 3, Clarke Township from "A" (Agricultural ) and "Ml-l" ( Industrial ) to "OS" (Open Space) . As well , the applicants requested that Section 8.3(a) of By-law 1592 of the former Township of Clarke be deleted. The proposed use of the rezoned land was given as a waste disposal facility, including a waste disposal site and waste management system within the meaning of the Environmental Protection Act, and a resource recovery facility. Subsequently, on December 29th, 1982, Regional Reclaimers submitted an application to the Town for approval of a development agreement. Regional Reclaimers also submitted an application to the Region of Durham on March llth, 1983 to amend the Regional Plan to indicate a waste disposal facility on the subject lands. The Region forwarded the application to the Town of Newcastle along with a request for comments. According to the Ministry of the Environment , Regional Reclaimers Limited currently operates a landfill operation on approximately 8.1 hectares (20 acres) in the north-west corner of the subject parcel . Consultants ' reports submitted by the applicant indicate that this operation was originally begun in 1954 by Hale 's Sand and Gravel , as a domestic refuse disposal site for area residents . The site of this current landfill operation is zoned Agricultural by By-law 1592. Although .a waste disposal facility is not listed as a permitted use in this zone, the operation was i reportedly initiated prior to the adoption of By-law 1592 and, assuming this is correct, would enjoy legal non-conforming status. Report No: PD-74-83 . . ./4 The remainder of the lands , subject. to the rezoning application, are also zoned Agricultural , with the exception of a 5.39 hectare (13.31 acre) parcel on the north. This parcel was rezoned in 1978 to Ml -1 (Industrial ) by By-law 78-49 to permit the sorting , cutting, and storage of used rubber tires. Section 8.3(a) of By-law 1592 was added as a result of By-law 78-49, and thus the applicants have requested that it be deleted. It was suggested by the applicants that a waste disposal facility is permitted in the Open Space zone of By-law 1592 , and this is the zone the applicants have requested for the subject parcel . Staff, however, interpret this section to mean a municipally operated sanitary sewage treatment facility. In a letter dated October 13, 1982 from the Ministry of the Environment to a private citizen and copied to the Town of Newcastle, the Ministry indicated that on March 18th , 1971 , the Ministry of Energy and Resources Management, acting on a request from Regional Reclaimers , issued a Provisional Certificate of Approval for the current landfill operation which expired on November 15th, 1972. A Provisional Certificate was re-issued by the Ministry of the Environment for the site on November 30th, 1972, which expired one year after issuance. Similar Provisional Certificates were issued in 1973 and 1974. On July 12th, 1976, the Ministry issued a Provisional Certificate with an expiry date of June 15th, 1981 . This Certificate has not been renewed since the date of its expiry; however, the Ministry considers this last Provisional Certificate and the conditions attached to it to be in force until the Ministry either issues a new approval , or revokes the last one. I i Report No: PO-74-83 . . ./5 Copies of the Provisional Certificates of Approval provided * to the Town by the Ministry of the Environment (attached) indicate that, on January 14, 1981 , a Provisional Certificate of Approval for a Waste Management System serving the Region of Durham and Northumberland County was issued to Regional Reclaimers . Regional Reclaimers was originally permitted a maximum daily discharge rate of 60 tons. This daily maximum was increased by the Ministry of the Environment in August 1979 to 150 tons. The landfill operation is certified to receive only dry industrial , commercial and domestic refuse. Trucks hauling refuse to the Regional Reclaimers landfill site most commonly travel east on the Clarke Third Line to Morgans Road, north to the Clarke Fourth Line, then east to "Hale Road". Residents in the area have complained to the Town about the heavy truck traffic and a petition was presented to Council in July 1981 requesting that immediate action be taken to re-route the trucks. However, staff Report WD-25-81 , which had been presented to the Public Works Committee in February, 1981 , noted that if heavy trucks were to be prohibited along this route, then another route would have to be specified. This action would create an impact for the property owners along the new route. The Report recommended that no action be taken to prohibit the heavy truck traffic along the route in question , and that complaints regarding speeding, noise and littering be referred to the appropriate agencies. Council subsequently adopted this recommendation . i Late in 1981 , the Town became aware that Regional Reclaimers were proposing to expand their landfill operation. In a letter to the Ministry of the Environment in April 1982, staff advised the Ministry that prior to approval of the proposed expansion, the Town of Newcastle would require that the lands in question be rezoned to an appropriate zoning category and that a development agreement be entered into with the Town . Report No: PD-14-83 • • •/6 In a letter to the Planning Department dated May 20th , 1982, the solicitors for Regional Reclaimers confirmed that their clients were proposing to expand their landfill operation . Acting upon a staff request, the solicitors submitted a draft rezoning by-law in August 1982, and a draft development agreement in November 1982. As noted earlier, the Planning Department received the formal applications for rezoning and approval of the development agreement on December 9th, 1982 and December 29th, 1982, respectively. Regional Reclaimers formally applied to the Ministry of the Environment on January 31st, 1983 for a 40 hectare (99 acre) expansion of their landfill operation. A Hydrogeologic Study and a Landfill Design and Operations Study were submitted to the Ministry in support of the application . The Town of Newcastle has obtained copies of these technical reports . Summary of Circulation Comments : In accordance with Departmental procedures, the rezoning application was circulated to various departments and agencies for comments, with copies of the technical reports being provided to those agencies requesting them. The following is a summary of the comments received: Town of Newcastle Public Works Department "The Works Department does not object to the rezoning of the lands in question , provided that access to said lands is provided by alternative route number 1 as identified in the Report "Truck Routing to the Regional Reclaimers Landfill Site in the Town of Newcastle", prepared by H. Mooij and Associates Limited. (This alternative route would have truck traffic arriving via Highway 401 , and exiting by an interchange directly onto the road adjacent to the western boundary of the Regional Reclaimers site. ) III Report No: PD-74-83 . . ./7 Site grading, drainage and facility lay-out to be approved through site plan approval and subject to any requirements established through environmental assessment hearings." Town of Newcastle Fire Department "Landfill sites and garbage dumps are not permitted to burn . On numerous occasions, we have received complaints of burning at this dump site. This is usually after dark, accidental or otherwise. The Fire Department should have information and knowledge as to the toxicity and dangers of the materials being disposed of in the event of a fire or explosion, which in turn could contaminate the area requiring protective action. I would also bring to your attention that there are 3 high pressure pipelines running across the property." Region of Durham Planning Department "We note that the site is designated "Major Open Space" and "Permanent Agriculture Reserve" in the Durham Region Official Plan. A sanitary landfill site is not a permitted use within these designations. In addition, Section 14.2.13 of the Durham Plan stipulates that no new waste disposal sites shall be permitted unless by amendment to the Durham Plan. We note also that, in view of the scope and magnitude of the proposed development, the proposal cannot be construed to be a continuation, expansion or enlargement of an existing use as envisaged under Section 16.6.5 of the Durham Plan. We respectfully request that the applicant be advised to submit an Official Plan amendment application in the event he wishes to pursue this proposal further." i Durham Regional Health Unit "As sanitary landfill sites come under the jurisdiction of the Ministry of the Environment, we suggest you contact them for comments." Ganaraska Region Conservation Authority January 3, 1983 "Based on the information supplied, the Authority wishes to express two points of concern with respect to this proposal for rezoning. 1 . There is an area of flood plain on the subject property associated with Graham Creek and its tributaries , the extent of which is indicated on the attached mapping. The Authority considers Regional Storm Floodplain as unsuitable for the development proposed. Report No: PD-74-83 . . ./8 2. An intermittent tributary of Graham Creek, draining the mid-portion of Lot 12, runs north and enters the main water course in Lot 11 , near the eastern boundary of the property. Intermittent tributaries are capable of transporting sediment and water soluable materials to main streams. Some of these transported materials may adversely affect water quality. Lacking , as of the date of these comments , an engineering study or development plan for the site, the Authority is at this time unable to comment upon the suitability for development of lands adjacent to this intermittent tributary. The Ganaraska Region Conservation Authority feels the above-noted concerns could be addressed in the following manner: a) that the area shown as Regional Storm Floodplain be designated as an Environmental Protection Zone ; b) that the proponent draw up a development plan for the site, and further, that the development plan , based upon engineering studies address to the satisfaction of the Authority, the potential for and control of surface run-off from the intermittent watercourse referred to in Item 2 above." February 22, 1983 "Since the submission of our comments of January 3, 1983, the Authority has received a copy of the Landfill Design and Operations Study. This report indicates that the intermittent tributary of Graham Creek referred to in item 2 of our previous comments is included in the proposed expansion area. The Authority feels that the concerns expressed in item 2 will be addressed through the sanitary landfill operational plan approval process as administered by the Ministry of the Environment under the Environmental Protection Act. The Authority 's position with respect to the floodplain lands on the subject property remains as stated in our previous comments: that recommendation being that the Regional Storm floodplain associated with the subject property be excluded from the zoning designation which would permit a sanitary landfill operation and further, that the floodplain be designated as an environmental protection zone. Ministry of Natural Resources "We have no objection to the expansion of the existing sanitary landfill site. However, the plans circulated with this proposal do not outline the exact areas that are to be rezoned to permit expansion. ,I Report No: PD-74-83 . . ./9 Graham Creek, which crosses part of the subject property, is considered to be a cold water trout stream which is susceptible to degradation. As such, it may be adversely affected by actions which cause water temperature increases, erosion of creek banks , and sedimentation over spawning beds. The ponding of stream flow and the removal of over-storey tree cover tend to cause an increase in water temperatures. Heavy equipment movement on the banks and bed of the creek may lead to serious erosion and sedimentation problems. Chemical contamination may also cause deterioration of this fish habitat. The low-lying wetlands adjacent to Graham Creek are subject to flooding and are therefore unsuitable for development . We recommend that the Floodplain of Graham Creek, as mapped by the Ganaraska Region Conservation Authority, be retained in an Environmental Protection Zone. The property owners should be reminded that, under the terms of the Lakes and Rivers Improvement Act, no damming, channelization nor other alterations may be carried out to the watercourse without prior written authorization of this Ministry." Ministry of Agriculture and Food "The present landfill site which is located in Lot 12, north of the pipeline easement occupies approximately 15 acres. Immediately north of the landfill site in Lot 12, and the westerly part of Lot 11 , is an area of bush that appears wetland and has limited potential for agricultural purposes. North of the wooded area is a wrecking yard that covers approximately 12 acres. The area north of the pipeline easement on the easterly portion of Lot 11 contains the farm buildings set up as a beef feed lot and small tillable field of 4 or 5 acres . The remainder of this area is pasture disected by the Creek. The area south of the pipeline easement in Lots 11 and 12 is approximately 230 acres in size, with 2n0 acres of good farmland that is farmed and that varies between Classes I and III , depending on the topography. There is a small area (8 acres) of bush and steeply sloped pasture in the north-west corner. There is also a steep slope that parallels the eastern boundary of the site. Due to slope, this area is only suitable for pasture and should never be cultivated. i The proposal received from the Town of Newcastle states the total property is 319 acres, and that the applicant is applying to expand the present 15 acre landfill site to a total of 200 acres. Although the proposal did not specify the exact location of the 200 acre landfill site, we are assuming the expansion is to be south onto the farmed land . i Report No: PD-74-83 .. ./10 The Foodland Guidelines , while protecting good farmland , do make provisions for other purposes if there is justification within the planning area (Section 3.14) . In spite of the fact that the landfill now exists on the site, this proposal will require much further documentation as to need to justify an expansion from 15 acres to 200 acres." Ministry of the Environment "The Ministry has just recently received an application for environmental approvals for the proposed expansion of the existing landfill and, at this time, the matter is under technical review. Further, the applications may be subject to a Hearing under the Consolidated Hearings Act. I would suggest, therefore, that it is premature for us to comment on the rezoning application." Trans-Northern Pipelines "The first report , "Landfill Design and Operations" addresses four topics that will impact upon our pipeline. These are access and on-site roads , fencing, drainage and alternate truck routes. Roads crossing the pipeline are to be of the all weather type and have a travelled surface not less than 1 .3 metres above the pipeline. In addition, we request that on-site routes traverse our line at no more than two locations. In regards to fencing, we require posts to be set back a minimum of 1 .5 metres from the outside diameter of our pipe. The proposed ditch crossing our line as indicated on Plan C - Surface Drainage, should have an invert no less than 0.8 metres above the pipeline. Should any public roads be reconstructed to accommodate increased traffic, a minimum of 1 .3 metres separation is to be maintained between the travelled surface and the top of our pipe. The second report, "Hydrogeologic Study" addresses one area of concern to us : that being the provision for gravity drainage of leachate via an open channel between the north toe of the landfill and the recharge facility at Graham Creek. Due to the possible detrimental affect of chemicals on our pipe-coating, we request that no leaching occur over our easement. This concern has been brought to the attention of the applicant 's representative, who has yet to respond. Report No: PO-74-83 . . ./11 In addition to the afore-mentioned, it should be noted that our company falls under the jurisdiction of the National Energy Board, and all crossings of the pipeline and easement by any authority must also receive their approval . Regarding this , please note such an application was requested of the applicant for the existing, unauthorized crossing. To date none has been received." Trans-Canada Pipelines "We presently operate two high pressure pipelines through the subject property and, accordingly, are anxious to ensure that the operations of the landfill site are carried out in a manner that will not jeopardize the security of our facilities. We note that the proposed expansion would be south of our facilities. However, we request the following safety conditions be made part of any rezoning approval . 1 . No landfill or surplus soil can be placed on our 18.29 metre (60 foot) easement. 2. The pipeline right-of-way should be fenced to prevent the movement of heavy machinery along or across the easement. 3. There are presently two approved temporary road crossings of our pipeline at the existing landfill site. We recommend these crossings continue to be used and upgraded if they are to become permanent. Any further crossing sites will require the approval of the National Energy Board. Further, we strongly urge that the existing site entrance not be used for the expanded dump site. By moving the entrance south, a crossing of our pipeline would no longer be required. 4. Landfill placed adjacent to the right-of-way should be graded , drained and restored to minimize the possibility of erosion on the slopes. We suggest that minimum slopes of 2:1 be maintained. 5. Drainage along the pipeline right-of-way should not be restricted in any way." i i i I Report No: PD-74-83 . . ./12 Inter-Provincial Pipeline Limited "This company has no objections to the application of Regional Reclaimers Limited. Our prime concern is that there is no infringement of our rights on our 60 foot (18.58 metre) easement and the safety of our 30 inch pipeline." Staff note that the Region has requested the Town of Newcastle to provide comments on the Official Plan Amendment application submitted by Regional Reclaimers. The normal procedure is for the Region to provide the Town with the comments it receives from other agencies circulated prior to Town staff bringing a Report forward to Council to obtain the Town 's formal position. However, staff note that the agencies contacted by the Region through their circulation of the Official Plan anendment application are the same agencies contacted by the Town through our circulation of the rezoning application. Since comments on both applications will , in all likelihood, be very similar, Town staff feel it would be appropriate for Council to consider the rezoning and Official Plan Amendment applications at the same time. The Town has also received approximately fifty (50) individual letters of objection, and one petition bearing approximately two hundred and ten (210) signatures , objecting to the proposed rezoning and landfill expansion. The major points of objection expressed by these letters and I the petition were : the impact of increased truck traffic on rural roads ; litter blowing from the landfill and off trucks; the possible contamination of Graham Creek and ground water supplies ; I I I Report No: PO-74-83 . . ./13 the intrusion of an industrial -type use into a rural area ; and the use of good agricultural land for non-agricultural purposes . A petition with approximately two thousand one hundred and seventy-five (2,175) names supporting Regional Reclaimers and requesting that their facility be permitted to remain open was submitted to Durham East M.P.P. , Sam Cureatz, on February 21st , 1983. A copy of the petition was subsequently provided to the Town of Newcastle. Staff note that the signatures were collected on a door-to-door basis by Regional Reclaimers representatives , and thus the explanation given by those representatives to those signing is not known. As well , a significant proportion of the signatures were collected in Bowmanville, while a number of those that signed live in Oshawa and Port Hope. A total of thirty-three (33) letters expressing support for the continued operation of the Regional Reclaimers facility were also submitted to Mr. Cureatz and the Town. Most of these letters were written by industries operating in the Town of Newcastle, as well as in Oshawa, Whitby and Port Hope. The feeling generally expressed by these companies was that their costs would increase if the Regional i Reclaimers site closed and they were forced to dispose of their refuse at a more distant facility. A number of Port Hope industries noted that industrial waste is not permitted to be disposed of at the landfill in that community. The Town of Port Hope and the Village of Millbrook also expressed support for the continued operation of the Regional Reclaimers facility. i i i Report No: PD-74-83 .. ./14 COMMENTS: The foregoing are all valid considerations , which must be addressed along with other diverse issues when the merits of the landfill expansion proposed by Regional Reclaimers are assessed. In particular, many of the concerns arise from the environmental issues involved with the proposed expansion. However, Town of Newcastle staff do not possess the technical expertise necessary to properly deal with these complex environmental matters. As indicated earlier, Regional Reclaimers applied in January, 1983 to the Ministry of the Environment for a Certificate of Approval for an expanded waste disposal operation. It is the responsibility of the Ministry, as part of their review of the proposed expansion , to address any environmental matters associated with the project. Therefore, the Town of Newcastle must rely . on the expertise and judgement of the Ministry of the Environment on any environmental concerns related to the proposed expansion. The Town 's expertise and area of jurisdiction relate to the land use planning aspects of the proposed landfill expansion. It is staff's opinion that such concerns can be addressed through a Development Agreement with Regional Reclaimers, and the provisions of a rezoning by-law should the application be approved. To that end, staff have * prepared a Development Agreement and rezoning by-law, copies of which are attached to this Report for the Committee's consideration. I It is important to emphasize however, that only those issues over which the Town exercises control are addressed by the Agreement and the by-law. Other matters relating to site development and operations have not been addressed. As a condition of approval , staff strongly suggest that the Town I Report No: PD-14-83 . . ./15 obtain satisfactory assurances from the Ministry of the Environment that they will police and enforce the provisions of the Certificate of Approval with respect to such matters as site operations and any other matters within the Ministry's jurisdiction. Aside from the environmental issues , one of the most significant concerns associated with the proposal involves the impact of the trucks, hauling refuse to the site, upon the residents along the truck route. As noted earlier in this Report, area residents petitioned Council in 1981 to re-route the trucks . The report "Truck Routing to the Regional Reclaimers Landfill Site in the Town of Newcastle" H. Mooij & Associates, commissioned by Regional Reclaimers , indicates that the daily discharge of waste at the expanded landfill would be significantly greater than current volumes and, as a result, the volume of truck traffic would also increase. The report projects that, by the year 2000, the number of trucks hauling refuse to the site could increase to in excess of 150 per day. This would lead to over 300 vehicle trips per day past any given point along the truck route. Given this last point , staff cannot stress strongly enough the importance of selecting and implementing a specific truck route with the least possible impact on area residents, should the proposed expansion be approved . The Mooij report considered six alternative haul routes to the Regional Reclaimers site and concluded that Alternative I Route 1 would involve the least impact. This route would have trucks arriving via Highway 4nl and exiting by a new interchange directly onto the existing road allowance to the west of the current landfill site. The Public Works Department has also identified this route as their preferred alternative. Planning Department staff concur with the Mooij report conclusion that Alternative Route 1 would i I Report No: PD-74-83 . . ./16 involve the least impact . It is recognized however, that the costs involved with this Alternative are significant, and it should be noted that the Town of Newcastle has not attempted to undertake a cost analysis of this or any other truck routing alternative. Another point of concern related to the trucks , is their impact on road surfaces. Most roads under the Town 's jurisdiction are not required to be of the standard necessary to withstand high volumes of heavy trucks and the Town roads currently being used have deteriorated. However, arterial roads under the Region's jurisdiction are constructed to the standards necessary to tolerate heavy truck traffic. As well , staff note that an expanded landfill facility on the Regional Reclaimers site would have the potential of receiving wastes generated throughout the Region, and thus would provide a Region-wide benefit . Staff feel that , because of the potential impacts of the increased truck traffic on area residents and upon the quality of Town roads, the Town must give a high priority to those issues related to trucks hauling refuse to the site. Staff therefore suggest that Council recommend to the Region of Durham that: Alternative Route Number 1 , as identified by the Truck Routing Report prepared by H. Mooij & Associates Limited, be designated as a Regional Road for heavy vehicles using the Regional Reclaimers facility; and that the Region be responsible for ensuring its implementation , including the assuming of all or part of any Town roads along this or any other designated truck route to the Regional Reclaimers site. Staff further recommend that Council advise the Region and the applicant that the matter of costs associated j with the transfer of any Town roads, and the implementation of this Alternative, including the upgrading to Regional standards , must be satisfactorily resolved prior to the Town considering approval of the subject proposal . To reinforce i Report No: PD-74-83 . . ./17 any designated truck route, staff also suggest that Council pass appropriate by-laws prohibiting heavy truck traffic on all other Town roads in the vicinity of the Regional Reclaimers landfill site. Another point of great concern is the possibility of Graham Creek and/or the ground water system becoming contaminated by materials leaching out of the landfill . Staff note that the Ministry of the Environment have required a detailed hydro-geological analysis of the proposed expansion, and will be requiring an appropriate leachate control system. As well , the rezoning by-law would permit only uses consistent with an Environmental Protection Zone within the Regional Storm Floodplain of Graham Creek, thereby prohibiting landfilling and resource recovery operations near the Creek. Staff suggest, however, that the Town seek assurances from the Ministry of the Environment that in the event the Creek or water supplies become contaminated as the result of operations on the Regional Reclaimers site, a supply of potable water will be provided to all affected persons and animals until the contamination has been brought under control . Residents in the vicinity of the Regional Reclaimers i landfill site have also identified as .a problem, litter and debris blowing from trucks hauling refuse to the Regional Reclaimers landfill site, and blowing from the landfill itself. Both the Municipal Act and the Highway Traffic Act prohibit the depositing of litter and debris on public roadways, and trucks are required to cover their loads to prevent the scattering of debris. To minimize the nuisance associated with litter blowing off the landfill , the suggested Development Agreement requires Regional Reclaimers to use portable litter fencing to collect blowing debris. i Report No: PD-74-83 . . ./18 Various concerns have been expressed regarding the intrusion of an industrial type use into a primarily rural area, and the use of good agricultural land for non-agricultural purposes. Staff note that the Development Agreement requires Regional Reclaimers to maintain a landscaped buffer to screen on-site operations. Certain existing uses on the site presently enjoy a legal status and staff would suggest that the intrusion was previously sanctioned in 1978 when that portion .of the site was rezoned. We note, however, that the Ministry of Agriculture and Food has identified most of the area proposed for the expanded landfill as being good farm land, varying between Classes I and III (as defined by the Canada Land Inventory of Soil Capability for Agriculture) depending on topography. Staff note that the Provincial Foodland Guidelines specifically state that all lands , where Soil Classes I , II , III , and IV are predominant, are considered to be high-priority agricultural lands , and that areas of highest priority are to be protected and not given up for non-farming purposes. On February lst, 1978, Council endorsed the Provincial Government 's Green Paper on Planning for Agriculture, which included the Food Land Guidelines . The Ministry of Agriculture and Food notes that the Foodland Guidelines do provide for non-agricultural uses on high-capability agricultural lands if that use can be justified. However, the Ministry states that in this case , considerable further documentation is required in order to justify the proposed landfill expansion. Staff feel that the applications for Official Plan amendment and rezoning j may also be considered premature on this basis. I i Report No: PD-74-83 . . 0/19 Staff also note that the intent of the new Planning Act is to define those matters of Provincial interest. The preservation of prime Agricultural lands is one of those areas of Provincial interest and the Foodland Guidelines have been considered as Provincial policy. The proposed application does not conform to this policy or Council 's endorsement of the Foodland Guidelines and further, justification of need should be provided prior to Council consideration of the proposal following the necessary environmental assessment. In this Report , Town staff have attempted to address those issues of concern related to the landfill expansion proposed by Regional Reclaimers that lie within the Town of Newcastle's sphere of responsibility and expertise. But, as indicated earlier, there are many complex environmental issues that require consideration when assessing the proposal and on which the Town, out of necessity, must defer to the Ministry of the Environment or other authorities for consideration. Staff note that the Environmental Protection Act states that when the Ministry of the Environment receives an application for a Certificate of Approval for the expansion of a waste disposal site, the Ministry may require the Environmental Assessment Board to hold a Hearing on the application. It is staff's opinion that, because of the number and complexity of environmental issues involved, a Public Hearing before the Environmental Assessment Board is necessary and in the public interest. Until such a Hearing is held and the environmental transportation and I agricultural land issues are resolved , the applications for rezoning and Official Plan amendment submitted by Regional Reclaimers should be considered premature. i Report No: PD-74-83 . . ./20 Staff therefore recommend that Council petition the Ministry of the Environment to request the Environmental Assessment Board to convene a Public Hearing in respect of the Regional Reclaimers expansion application. Staff further note that normally, the rezoning application and Official Plan amendment, where objections are received , would be considered by the Ontario Municipal Board sitting as a separate board. However, the Consolidated Hearings Act , which received Royal Assent in 1981 , provides for the creation of a Joint Board, so that all issues related to a proposal , including environmental and planning issues , can be dealt with at one hearing. The Act stipulates that only the applicant, in this case Regional Reclaimers , can apply for an application to be handled at a consolidated hearing . To date, Regional Reclaimers. have not applied for such a consolidated hearing. However, the Act also provides that once a Hearing has been convened , any party to the proceedings may request an Order directing notice to the Hearings Registrar requesting a Consolidated Hearing. This option is available to the Town or any member of the public should a Consolidated Hearing not .be requested by the applicant. Staff feel a Consolidated Hearing would be most appropriate in these circumstances and suggest that Council recommend to the appropriate authorities that a Consolidated Hearing be held in respect of the application submitted by Regional Reclaimers . It is further recommended that Town staff and the Town Solicitor be authorized to represent the Town at any and all hearings convened in respect of the Regional Reclaimers applications. i i At such time as the environmental , transportation and agricultural land use concerns discussed in this report have been addressed to the satisfaction of the Town and all other affected agencies, Staff would be prepared to recommend I Report No: PD-74-83 .. ./21 the attached by-law and Development Agreement to Council for approval thereby permitting the expansion of the facility. Res u mitted, T. T. Edwards, M.C. I .P. Director of Planning !J,A S*T•T E*m j c May 2nd, 1983 I i i i it � UW Ministry of the Environment Provisional Certificate No. PROVISIONAL CERTIFICATE OF A $40L WA FOR A APPROVAL I ATE MANAGEMENT SYSTEM Under The Environmental Protection Act, 1971 and the regulations and subject to the limitations is issued to: thereof, this Certificate of A Regional Reclainers Limited pproval u Boa 358 -- - - Newcastle, Ontario \11 N for the Waste Management System serving REGICN pp D `^`= in .• tJR11A?f AND 2,,OI2TECMEgItI.A:;D COIIFIiY � _,- the approved or provisionally approved waste disposal sites and facilities listed below. Lot 12, Conc. 3, SITE CERTIFICATE No. i _up. of Clarke EXPIRY DATZ and A 390305 Pt. I.6t 32, Conc. is Twp. of Haldimand •r.f A 311702J: subject to the following conditions: T!" ` ` : TiIIS 1S A O:Z1CIlI i is :�LkILLJ F, TAM 4 1 1 J 81 .y ON •'� Gated this.......12th.......day of.........Jmnua-p 81 DIRECTOR.SECTION 3(.y E.P.A. � . Al Ontario Provisional Certificate No. Ministry of the Environment B 390305 , PROVISIONAL CERTIFICATE OF APPROVAL FOR A � <f WASTE DISPOSAL SITE Under The Environmental Protection Act, 1971 and the regulations and subject to the limitations thereof,this Provisional Certificate of A is issued to: re Approval Walter John Hale o/a _ Hale Sand 6 Gravel, �� •'�" R. R. ;f2, t::5 I5 A TRUE COPY OF 1'IiE MOwcastle, Ontario. (_:.!-I\AL CERTIFICATE tIjULED ` forthe landfilling JUL 12 197_ 6 Site located Centre of Lot 12, Concession 3, (Formerly Township of Clarke) L ;; Q Now Town of Newcastle, ;. R ianal Municipality of Durban_ ;���� `" � 7/k�'1 f subject to the foTlowing conditions: 2- , MA' 1_ That the site be developed and operated in accordance with the following reports ports and letter: °Report on Hales Landfill site inLLot 12. Concession 3. Township of Clarke, Town of f 74evrcastle°, dated October 30, 1975. and completed by Engineered Disposal System Limited. A Addendam No. I, dated January 1976, for th^ nbave report as complet©d by Enginedred � Disposal System Limited. \ ett*r P. S. Isles to If. J. Hale dated June 28th, 1976. This Provis onal Certifica n the........z... ........day of.. g Dated day o f Juy 3 79 81...... ............... Y�/ nil/ �yy/a / �f '/ ` ' \ \ / \,./ ��,j���j';r�j �,%.-�7� t�' I •'1� ii Ministry of the 40 Environment NOTICE Ontario i TO: Walter John 'rule o/a ' hale Sand & Gravol, j R. R. #T2, Newcastle, Ontario. You are hereby notified that Provisional Certificate of Approval No. A 390305 has been issued to you subject to the conditions outlined therein. The reasons for the imposition of these conditions are as follows: i ' 1. To ensure that the site is developed and operated { in accordance with Regulation 824, Section 10(1), Item 13. 2. To prevent the continued emission of liquid cont- aminants from the landfill site into the adjacent Graham Creek. i T111S is # � You may by written notice served upon me and the Environmental Appeal Board within 15 days after receipt of this Notice, require a hearing by the Board. i 1 This Notice should be served upon: The Secretary, The Director, Environmental Appeal Board, AND Section 3a, E.P.A. , } 1. St. Clair Ave. West, Ministry of the Environment, 5th Floor, 135 St. Clair Ave. West, Toronto, Ontario. Toronto, Ontario. M4V 1K7 M4V 1P5. I DATED at Toronto this 12th day of July 1976 `t I Director-,- mot toa, 6/78 Section 3a, E.P.A., Ministry of the Environment. ' I Y:: ` v' • � i Ontario Provisional Certificate No. _ Ministry of the Environment 390305 { r PROVISIONAL CERTIFICATE OF APPROVAL � ! FOR Al WASTE DISPOSAL SITE A Under The Environmental Protection Act, 1971 and the regulations and subject to the limitations thereof,this Provisional Certificate of Approval is issued to: — - - -- Walter John Bale, �oc� L R. R. 1, ` Y Orono, Mario. for the landfill Site T r.. located Centre of lot 12, concession 3, formerly Township of Clarice, �< now Town of Newcastle ' subject to the following conditions: 1. That no waste be deposited within SO feet of any araterccurse. 2. That by June 30, 1975 W. J. Bale submit a report outlining, the development and the details of the hydrogeology of the site. �I 3. That all waste be compacted and covered with 51 of compacted earth at the + end of each day's operation. sR� i This Provisional Certificate expires on the.......30th......day of....November.......................... 19 .7a..- ��`� W - - this 1st day of December 9 7 ......... ....... ............. .. ....._... ....................._..........-.........-.DIRECTOR,SECTION 9 1.1 E.P.A. Date a .. 1 '} - >r f'hI \ ti\ �'` }.`!� );r`l�TK2`G�'T�i �•?5�-(7l ,L�<�c�•X7r� /�j(�( �'�•,C 5A�'\ �`?��Q T'Q'��'Q\"tF'�T`'�V�Q'vY�Q,.x�{Z'V'7��+��,ti/+]-l�` '�j, -^ti'! ..�wn; ',._tT�.t Z�.u..�/ \t��.�\ j_/;;.\ -�.:�:L/�Lv�� i \iy/ �\ \r \.L, y/ ��: � /�..� \ I / t .�,:L.J�._.I�.�♦ si �y Ministry of the Environinent NOTICE Ontario T0: Walter John Hale, R. R. # 1, Orono, Ontario. ! I You are hereby notified that Provisional Certificate of Approval No. 390305 has been issued to you subject to tho i conditions outlined therein. I � The reasons for the imposition of these conditions are I as follows: f j To conserve and protect the natural environment. To ensure the orderly development of the site. ! I i f You may by written notice served -upon me and the Environmental Appeal Board within 15 days after receipt of this Notice, require a hearing by the Board. This Notice should be served upon: Environmental Appeal Board, The Director, 365 Bay Street, AND Waste Management Branch, Suite 300, Ministry of the Environment, Toronto, Ontario. 880 Bay Street, 3rd Floor, A15H 2V3 Toronto, Ontario. M5S 1Z8. DATED at Toronto this 1st day of Dec�mb©r 19 4 I Director, v, ::. • .. rte ( •:'... � ,•,.•.•! ..,. Ontano Provisional Certificate No. Ministry of the Environment — Waste Management Branch 4114z.-L ,3 9D3 6 � PROVISIONAL CERTIFICATE OF APPROVAL WASTE DISPOSAL SITE I'A" Under The Environmental Protection Act,1971 and the regulations and subject to the limitations thereof,this Provisional Certificate of Approval is issued to: Waltcr John Bale, I't. '.:1, Orono, Ontario. ` Site. for for the Landfill located Centre of Lot 12, Concescion 3, Townstip of Clarke " ' subject to the following conditions: ` I 1. That no liquid waste shall be disposed of at tIds site, - — - --- -- -- ---- Exccu,.%c ww T� 30th Ievecer 19.7-1 This Provisional Certificate expires on the . . .... da of � �..._.... 30th 73 - Dated this day of,........... _. _.... ... 19 ... . .._..... MANAGEMENT BRANCH ` - � - _ •� DIRECTOR.WASTE A41rlA �X=X * �X_ !X� X Nx� E MOL 1470: try of the nvrronment NOTICE TO: Psalter John Halc, . .. R. R. 4#1, t Orono, Ontario. You are hereby notified that Provisional Certificate of Approval No. 311404 has been issued to you subject to tho conditions outlined therein. The reasons for the imposition of these conditions are as follows: i In order to prevent harm or material discomfort to any person and for the conservation of the natural environment. i i • I ' You may by written notice served upon me and the i Environmental Appeal Board within 15 days after receipt of this Notice, require a hearing by the Board. This Notice should be served upon: I t?nvironmental Appeal Board, The Director, i 365 Bay Street, AND Waste Management Branch, Suite 300, Ministry of the Environment, Toronto, Ontario. 880 Bay Street, 3rd Flogr, M5H 2V3 Toronto, Ontario. i 145S 1Z8. DATED at Toronto this 30th day of Nove~Tber 1973 • \ J.'Di' ector; Waste Management Branch, Mi n i ctry„n f. rha finviro ment,, I , i':.. . t r;. i Ministry of the Environment 0AW40 PROVISIONAL CERTIFICATE OF APPROVAL ► ', FOR A VVAS T E DISPOSAL SITE r Provisional Certificate No.......... 11..0A r, Under The Environmental Protection Act, 1971 and the regulations and subject to the I j )imitations thereof, this Provisional Certificate of Approval is issued to...................................... Walter John Halle .......••....•..•.......•...........................................•........••........•.............•............•.................... R. R. 01, Orono, Ontario ....•.•...•.......••......•......................••........•.......•...,..•......,.....•.•......................•.......•......... Landfill forthe.................................................................................................................................Site Centre of Lot 12, Conceosioa 3, ocated.................•...••....•...........,...•........•..............•......................•.......................................... Township of Clarke ...•...•.....,......•......................................•.......,.............,..•..................................................... fubject to the following conditions.......................................................................................... No liquid wastes to be deposited at this site .r...... ........I................ That Ontario Regulation 024 R.R.O. Section 10, Subsection (1) Item 13 ...........•.............•..•....•.............••..............................................................•........................ shall be further interpreted to mean that all wastes shall be covered i with six (6) inches of cover material each day k'Y .. pr•o er pe landfilling operation. ....................•......................••.•......•.............•........................................................................... ................................... ...........•.............................•.....................................................•......... .......................................................................................................................................... I This Provisional Certificate expires on the.3�th...day of..........Novemher............. 19 73 Dated ....30th.....day of.......•.........November this. ..... „ 19•��..... F (Pago............of............Pages) f i , i a , v. For Head Offica Use 0 R Department of the Environment 2nd sheet PROVISIONAL CERTIFICATE OF APPROVAL FOR A WASTE DISPOSAL SITE .Provisional Certificate No......3......... ............. I Under The Environmental Protection Act, 1971 and the regulations and subject to the I ' limitations thereof, this Provisional Certificate of Approval is issued to.............. i .....................................I.................!'°.. �i.,Jo;......cilv$.......................................I................ ..... ................................................................'. .................................................. for the...Lar, !!ill................................................... .. , .. .... ....................................................site Iocated..!:s?:?G;.;?.;I:..l;l,.�r�...G�::4:....i�S:...3............................................................................... i ..................n: .... .^!..! r;:c.................................................................................................... subject to the following conditions.. .,. .........:.................................................................. l; CA 1!.....: ..liluid un .e3 to ;x:.;�'"i.�� tl5sil.c ,! :... .............................4. .. cwe�ra?v„of tirt��tan t,,, be carried out da±].�. — it ii' ,eu c� cjt�.> > ... ......I.................... ................ ............................. ........................................................................................................................................ ....................................................................................................................................I............ .........................................................................................................................................I...... l ...................................... ....................1....................................................•............................... I ................................................................................................................................................. ! ............................................................................................................................:................... I This Provisional Certificate expires on the....:5t�'..day of.......................................November i2 19........ Dated this.....2i'th......day of..........k April .................................. 19..72. ..........�1....t.......t .. .. ....................................... Di ector,Waste Management Branch (Page...1......of.... .....Pages) .ONN wM 404.2•72 l� .1. •� i {( h Standard Letter 5cnt FI ti Y rr� ♦ Department of Energy } p gy and Resources Management ONTANIO , ' PROVISIONAL, CERTIFICATE OF APPROVAL FOR A WASTE DISPOSAL. SITE i Certificate No...3114C?t...••............ i } Under The Waste Management Act, 1970 and the regulations and subject to the limita- tions thereof, this Provisional Certificate of Approval is issued to................... .. 1;a1 to Jo1m Iia le .............. .......................................................................... i .....................................................aro A.9nt�io................................................................... ........................................................................•........................................................................ forthe.............................. ...I..................L�ndf 111.........I..........................I.............................Site located.....centro of Lot:. 12, Concession 3.t..Trnrz.nhiP °S Glnrlce, 1 + i .........................•....................................... .................................................................................................................................... i subject to the following conditions........................................................•.................................... 1. That, the owner eulait details of the oririinc of thn "7t4iustr4a1. t,iastc.! and .......;fiauied Li quid.•Induatrial ',aatc!' in tcr,s of Coed rill °l orl�a tsr�i rmture Of the wasted, within tim (2) �utcE:cc c.f ticc cicte oT rcc�i:i1L thic. Ccrtificate. .... ......... .. ..... ... ............................................................................................................................................... ! ...........•................................................................................................................................... • t .............................I................................................................................................................... ' I ......................................•...................................................................................................•...... .......................................................................................................................................... 15th This Provisional Certificate expires on the.........................day of......November ................................ Dated this...... :............day of.....................2.l.rch..........•.................................19 '.... W.M.B.Farm 2.03 Dir/ector,Waste Management Branch • I T. ;.tit f •. 1•f �•.S.r. �: I qq �` ' s` '.1.:�iCsbiJiiA. s f{!'r'{js1'r i 'nY �t.'.j',S.• .r t.; iLti 11LLi.t . .t�Ls.d+t+'-•-- .^ i:ai.:� tiLti� - d1�.� Z.... $$ Ontario MINISTRY OF THE ENVIRONMENT NOTICE OF REVOCATION I i , TO: Regional Reclaimers Limited (' I 1 . On November 10, 1982, I issued an Order under Section 42 of the i Environmental Protection Act requiring Regional Reclaimers Ltd. to i bring its waste disposal site located on Lot 12, Concession 3, in the Town of Newcastle (formerly Township of Clarke), Regional ` Municipality of Durham, as described in the "Report on Hale's Landfill Site in Lot 12, Concession 3, Township of Clarke, Town of Newcastle" (October 30, 1975) by Engineered Disposal Systems Limited into conformity with the requirements of Part V of the Act and the Regulations. On December 17, 1982, a survey of this site was conducted and i the report of a Provincial Officer setting out these findings was filed with the Ministry. The Provincial Officer found that: 1. The present contours for Phase I were approximately 28-35 ft. ff (8.5 - 10.7 m) above the elevations shown on the final contour I drawings E.D.-75-13 SKI and E.D.-75-13 Fig. X2. I 2. Although the present contours for the most recent lift at the east end of Phase II were approximately 10 ft. (3,0 m) above the final grade shown on drawings E.D.-75-13 SKI and E.D,-75-13 Fig. X2, the major portion of Phase II was actually about 5 ft. (1.5 m) above the maximum approved elevation of 541 ft. (164.9 m). 3. The site has been filled up to and beyond its approved capacity in Phase I and Phase II. As the site has been filled to capacity and as the order was for clarification only of the outstanding obligations incurred by the terms and conditions of the certificate of approval and the Act and Regulations, I have concluded that it is appropriate that the Order be revoked. e MOE 0247 3/77 ' I i 'V,.. ' i Ia Therefore, pursuant to the powers vested in me by Section 27(g) of the Interpretation Act, the Order issued to Regional Reclaimers 1 ,1 Ltd. , in respect of its waste disposal site located on Lot 12, Concession 3 in the Town of Newcastle, for which Provisional Certificate of Approval No. A390305 has been issued, is hereby revoked. t G. Mierzynski, P.Eng. Director I I ? f • i y i I r i I � ' I , i I1 i i• �' i r Ihii( + Oniuw MINISTRY OF THE ENVIRONMENT i ORDER TO: P.eglonal F--clausers Lirutcxi i P.O. Box 355 4 hc-�,-°stle, Ontario. I LO H Un L'n3as Section 42 of the Envirommntal Protection Act, h:sra a dLq ga--i site is rant in conformity with the requirements of Part V of tt:� 14t or the 3 3 rerulititns, the Director r-ay ord- the aver to bring thK site into cazform iL; with this Part or t a regulations, «ithin the tirre specified ir. tb.e Ord.°.s. R.\icnal Piclaiaexs Limited ow-ms a w3wte dis-posal site located cn 1.ot 12, y Ccncession 3, Tani of New=stlo (f=nerly Ta4iship of Clar):e), Regional Amiciralit: of Du.0- m as in the "port on FUile's Larld-fill Site in Lot 12, Corcessica ' t ' 3, Ttunship of Clarke, 'Pawn of 5--dcastle" (October 30, 1975) by 'c'.rginaered Di al I Sisters Lirdtrs'd. 2nc1udad in the "site" is the area describers aaove anti th4 area tik'.r'r.ed in rod 1r.•„Il on the rap arula.Yd k�zeto and markets as ixtirciix A. This area is .S usE.3 by :tagic a"l Reclaire-'s Limited, as part of the site. n-x "site des not ccnfura to t a requi.raxnts of REgulation 309 macl pursuant to Lhe Ihvirorr=tal Protection Wit. 2 Tt•a;:refcLre, you are hereby ordered: `•1 :i 1. On the date this Order becartis enforceable, the site ,-must =,mly `? with the con ii.ticns set out in the Provi.siaral Certificate N,,= e-r A390305 for the site, dated t1he 12th day of July, 1975, in thz,6 the site rust b� davelq>ed and oNrated in air&-u� with the following reports and letters: • •r. i i r i i i� rt ti zj W •fit on bale's Lauxifill site in Lot 12, Concession 3, T+a,.rs2up of Clarke, 'Itx+'I of ;3��cc3stle", ci:terl Ocher 30, 1975. and ccnPleted by ied Di_�*rr°aI ,nfstems Lirnitd. (ii) Addr?nc:vrn ,%Vter I, dated Jarl�auzy 1970, for ttx' above report II I I as caxplat.ed 7 ti Di _,al S.steTn Litaited. by ire rf: sE'�` (iii) Lz tt;?z P. S. Isles to 41, j. Hale dated Jvwoe 28, 1976. 2. C:i the cat this Ordpr bL-rrc.-s enforrxab2o, all baste disposal operations at the working faces SY�li tt contimally Supervised ~` in a tnannes satisfactory to trc Dircctnr. i 3, on t.� date this Or&-r bc--fires r-nfaraable, all waste rru t be I ;1 aril at the end of a }} c-,posited in an orderly �„zner, carpacted -tit t. "+ -, Ieach working day corpletely covered with a .irILT- �. of six inches abili and re-carla ct d- I of earth of low W=e ability 2 4. Cn the date this order b=c=eS enfcrr�able, w�cl i-i accordance n With the 'Report on ktale's Landfill Site in Lot 12, Concession 3, w ship of Clarke. Ton of Zak-';ca:�tle" (Cct er 30, 19 75) i z bycis,rred Disposal S!y � Lurtita litt�r asst be controlled s � 3t by daily collection, and if r"ass ry i stallaticn of fc; cirrg +� y, dn3 fay of the site. c Can ttsa date this Order L--apes cnfcrcE&[ale, ward in ac�rrl?r� Disposal Lizttitod (G'ti"`tc�er with the Report by ��;.-ed Dish' 30, la?S) y-ereralir� rust be continci t.� min�curt ia�filtratian into the disposal areas On-site. , 6, On the data this 0--der be,a crforce�le, and in accordance With. A the above srentiore i CctGber 30, 1975 Rasp=-t by D'9ir:e-arEi1 Di csa] Systam r.imi tad, o1-site manitori_la7 of borehole hells artd Graham L-r,_ek for contanir�nt rdgraticn arm r<rstir� u�^istry n: t by eantisn d. Sanples shall be collected by t!-e site's ccnsultirq A firm tat least twice yearly) zrd a�a]�' �' o- mirk' `i pox am ter s. i Page 6. (OU11t.) 7t--air current report must L4) _,-tikxnitted to tl-,e Toronto District Officul, F=icipal 6. Private AbZtam—nt: Si:cticn, Crtario �Wdstxy of the Envircrm-ant by F!arch 1st arj S#_Vter and each ar4 every year t1tcraafter. 7. On tl-,e date this Order bccm-s eaforoa-able, surface drainage that MY cause Pollt4tion shall not, witl--ut a&qjate tre..itTant, be discharged into any watercourse. 8. On the date this Order b=ares enforceable, no waste is to be de--posited within fifty (so) v%-tres of the bour4aries of the property. 9. On the date this O ex beccrk:t.-. ejjforce.�bla, all ,_kacles LLzlrg tip site to deposit waste r^�t register at the scale house upon enteriN the site and nalst be weighed in and cut ;.t. the site, and the vehicle identification aril ,eights raLst be recorded on a Standard form. &x--h information is to be retained by e-,a Cperator, for the period of tLTr-- required by the Dixt�-�r. 10. On the date this Order becames; enforceable, Uh-- quantity of waste to be received at the site shall not eyceed on,- hurared and fifty (150) tors per day. 11. Cannencing Deceaber 31s-t, 1982 and on the last day of overy third mcnth thereafter, an official accaLtntant's report of actual daily waste tonnages deposited at the site, including ts 'd ,ross weigh zu- tare wights of each vehicle and net uvights of ear.,j load rLst be suhmitted to the Toronto District office of t.6,,- 1�icipal 6 priv-"ta ASatamnt Section, Ontario ZUxdsto,, of the Lm--ro;-rLpnt. On the date this Order bacares enforceable, no waz—ta may be rt: -i%r:;,d or deposited at eia site exccPt during the periods f rcrn 9:00 A-%I. to 4--30 P.M. Morm:Lzy to Friday inclusive and from 8,00 A.M. to 12:30 P.M. Saturdays. No landfillirig shall t-1ka place at the site durina the 9.00 ' A � �.•� tpage 4.... r 12. (cant.) inclusive and 8:00 A.M. to 1:30 P.M. Saturdays. no waste r' disposal or land•filling shall take place at the site <ri s � ' iSundays. i13. On the date this Order beomles enforceable, a elc;a_*-ly visible c t parm3 ertt and readable sign s� ifyirq t�,e e bus of sit: g access rust be erected and tmsintairy--d at tte access road entry. a 14. BY Dec a-t" 15th, 1982, the --4 to shall be rr.,pjctely enclo: l to Prevent entry by unauthorized perscrls arri cede:;:. to ar3 sit shall be only by roa-"-'ay olo_ i I)Y a gate which iz ;ceps locked I I exCe'Pt during the hours of operation as s;,ciii�-3 in ztcfn L above. A gate shall be LnstAlled isr iately east of the .est �. entrance t9 the uaLrite dr. build, 4s aji:j i7 li3tely ii-st Of r1-�, -,r �' � Vin, a the l.ei.gh scale Yacuse. R4fficierlt fencing shall be inst311ej � around the rraintenance area and all other aG.�ss t O:-it. to t. landfilling area to restrict access only to the abc:�e mnt:c-ad i AA entrance gateway. Access to the maintenances sh�lll only by the existing entrance located Est of the weigh scale rc;=se. Bey December 31st, 1982, a report from a certified Ontario 1ti-- 4 ( Surveyor trust be s i4utted to t-*-- t•julicipal S F-ri.vate Abate,L'Il"` Sectim of the Ontario Ministry of the Rni=mr;nt, 1b X= 0 u District Office which inlicatcs 69 ther or rut t4 c=ent lane}- . L fillisag azeas are in corpiia..,cu with arse areas in the Engiaaeered Disposal Systars Limited R. art (Cctaber 30,1975) 4 mntione,d above. Tt)e report shall define tt• existirg limits of fill and existing site contours. i . r i •'t'• i �/ .,y. ' .M III 'a r. ;4 16. On the date this Order becar-s enforceable, and in accord--mce D with the Provisional Certificate Nur-&x -390305 for ti•ie site dated July 12th, 1976, no haulcd liquid L-austrial wast:a, t processed organic waste or septic tank: pa,virgs may bo 1 � accepted at thin site. 17. On the date this Otter becares enforceable, Do s�avengi x7 small be pa=itted at the site, except by larafili laytes or agents � of the owriars of recyclable materials. Unier Section 43 of tha Environmental Protection Act, Wthere an owr).r fails to ocrprly with an order Layler Section 42 of the Enviromental Protection -ct, th,: Di.rec-,Or may cat se tt2 m-cessary work to be dotes to ersure Qcrpli 1 n with Pant V of the Act or• regulations and charge the owner with the cost thereof, which may be recovered with costs in way court of ca-petent jurisdiction. � Lw3tar So.^tion 122 subsection T of tha Lhvirome-ntal Protx.Iion Act, you may, by mcitten notice served on Ue Dire%-t r, Ccntxal pion of the Cnt xic Ministry of the Lnviro ment, an,3 the Enm2ror-rrental Board, within fifteen ? days after the service of this.Crd<.r, requiro u rearing b, the Doak. 3 ' Notice rec uirirg a hearing by the Environmental Apps Board stculd be ser+ted mm: F--Nisnrzntttal. Appeal Board 1 St. Clair Avenue W., ? -a 5th Flom, Toronto, Ontario. M-A V li\D ' i Director, Cantral Region, 150 Ferrani Drive, Suite 700, Don Mills, Ontario. n3C 3C3 G. Miezzynslki i Director i i - r .. •�„�rt'�?'e�r�•.w.ynS.��3jc,,,.+.��o ti1.'-:� '• 4�, ,y' / r / � cl • .:I.'•.;4'•"�.'f..' ':.;-.ti `t '"'. _ •.t i; ✓s.-1 r'�,,'' :SW!'"."IK•�!'�"f�.,d.:�A.f,.F�(�s�.-r";im. :"�,°.�.. t`�'�'...r:'.-,. •_�.°�i-. ,• ..t...,....o_.r:...:^-. ,.�a..',`,�°°,'�21��„^_'A�:?;o!!t�n�•:.'frr"_+.,,nµr,:w Al'n.�,p�+. i