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HomeMy WebLinkAboutPSD-106-02 " . ~ I Cl![hJgton REPORT PLANNING SERVICES Meeting: Date: Report #: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, October 21,2002 (;/11- 31%-0;2 PSD-l06-02 File #: PLN 33.6.1 By-law #: Subject: APPLICATION TO AMEND CERTIFICATE OF APPROVAL # A680295 ADDITION OF ASBESTOS WASTE TS HEALTH AND SAFETY CONSULT ANTS INC. RECOMMENDATiONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-l06-02 be received; 2. THAT the Ministry of the Environment be advised that the Municipality of Clarington has no objection to the application, subject to the following conditions: i) The applicant re-Iocate the existing temporary trailer/containers on-site to comply with the Zoning By-law provisions; ii) The maximum permitted daily storage be limited to 35 tonnes per day until such time as permanent buildings are constructed on site; iii) The applicant enter into an agreement with the Municipality to amend the existing site plan agreement for the site; 3. THAT the applicant be advised that, in any future site plan approval of the amending application, received September 17, 2002, the Municipality will require a building permit for a permanent building to be obtained within 12 months; that said building be occupied within 18 months and that site plan approval and the site plan agreement will terminate within 18 months; and 4. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegations be advised of Council's decision. ' Submitted by: Reviewed by' CP'L T'DJC'sh October 16, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 612 REPORT NO.: PSD-106-02 PAGE 2 1.0 APPLICATION DETAILS 1.1 I n mid August, the Municipality of Clarington received a request, from the Ministry of the Environment, for comment on an application to amendment T. S. Health & Safety Consultants Inc. existing Certificate of Approval, for 373 Lake Road. The amendment proposes to allow processing and storage of asbestos to occur on-site. The applicant has a current certificate of approval for PCB processing and transfer at the subject property. The information submitted for the amending application seeks approval to receive asbestos at the site; inspect the waste and remove any heavy steel that can be recycled; and store the asbestos on-site, prior to transferring it to an approved waste disposal site. The applicant has requested approval to receive up to a maximum of 25 tonnes of waste daily and have a maximum storage capacity of 50 tonnes any given day. The applicant has verbally stated that he expects to have considerably less storage on-site at anyone time. All asbestos waste will be held in 6 mil yellow bags containing warning labels approved by the Ministry of Labour. The base are sealed and stored in approved steel containers. The applicant has states that the bags will only be handled by hand, therefore minimizing the risk of tears. All storage will be within the existing containers located on-site and not visible form the street. 1.2 On October 16, 2002, the Ministry of the Environment advised that the applicant amended his application to permit a maximum storage capacity of 75 tonnes. 1.3 The property is currently being used for dismantling of light ballasts, transfonmers and switch gear containing PCB's. Transforms containing oil are not permitted on site based on the existing MOE certificate. The existing certificate was issued in July 1998, to T. S. Health & Safety Consultants Inc. 2.0 OFFICIAL PLAN AND ZONING CONFORMITY 2.1 The subject property is designated "Light Industrial Area". The range of permitted uses includes manufacturing, assembling, processing, and warehousing. The processing and storage of waste material in an enclosed building has previously been recognized as a permitted use. 613 REPORT NO.: PSD-106-02 PAGE 3 2.2 Within the Municipality's Zoning By-law the subject property is zoned "General Industrial (M2)". The M2 zone permits the widest variety of uses including 'an assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure'. The processing and temporary storage of materials appears to be permitted. 3.0 COMMENTS 3.1 After World War II, building construction routinely involved the use of asbestos-based insulation products, which were sprayed on. The asbestos fibres, amalgamated with a liquefied binding agent, were applied directly on site, and sprayed onto walls, support beams and pipes. Asbestos was a very popular material because they protected against fire and afforded good thermal and acoustic insulation. 3.2 There are many different types of asbestos fibre divided into two main categories: amphibole and serpentine asbestos. The amphibole fibres used commercially are extremely hazardous. This form of asbestos fibres can be easily inhaled and can remain indefinitely in the lung tissue, and may cause cancer. Most countries introduced a ban on amphiboles products, in the 1970's. The most common serpentine fibre today, chrysotile, is considerably less hazardous than amphibole varieties. Serpentine asbestos is unlikely to remain suspended in the air. Thus, less of it is likely to be inhaled, and it does not stay in the lungs very long. The human immune system can eliminate these fibres fairly quickly. 3.3 Although there are health concerns and provincial regulations for handling, processing and disposing of some varieties of asbestos, it is described as a 'solid non-hazardous waste' on the Ministry of the Environment application form for Certificate of Approval. The applicant has requested approval to receive 20-25 tonnes of waste daily and store 75 tonnes of waste daily. The 75 tonnes would equate to approximately 5 storage containers currently used on site. 3.4 The Clarington Engineering Services Department reviewed the request for amendment to the Certificate of Approval and advised they have no comment on the application. 614 REPORT NO.: PSD-106-02 PAGE 4 3.5 The applicant entered into a site plan agreement with the Municipality of Clarington in September 1998, for the development of the site for the processing and temporary storage of PCB waste for transfer. The site consists of several trailers and containers. One trailer is used for an office/staff room. Another trailer is used for dismantling ballasts and generators containing PCB's. There are approximately eight containers for storage. The existing site plan agreement contains a clause requiring a building permit for a permanent building to be applied for within three (3) years of the agreement date. A permanent building has not been applied for or build, therefore, the site plan agreement is not in good standing. In addition, the trainers/containers which have been placed on site are not reflective of the location shown on the approved site plan drawings. Two or three of the trailers/containers do not appear to comply with the required side yard setback of 5 metres. 3.6 On September 11, 2002, two staff members, together with Councillor Pingle and the applicant met on-site to discuss the application for Certificate of Approval, as well as the existing site plan agreement. At that time Mr. Samson advised he was in discussion with a local designer to plan a permanent building to be constnucted for the property on Lake Road. Since the existing use is not in compliance with municipal approvals and his current site plan agreement, the applicant agreed to submit an amending application to extend the time frame of the trailers/containers for an additional year. This amending application was received on September 17, 2002, and is currently being processed. 3.7 Mr. Samson believes that his company should be able to start a building on the site within 6 months. Staff are prepared to process a site plan application expeditiously when received. In the revision to the site plan agreement, the timing provision for a permanent building will be amended to 12 months for the issuance of a building permit and 18 months to occupy the new building. Mr. Samson has agreed with the time frame proposed. 615 REPORT NO.: PSO-106-02 PAGE 5 3.8 The addition of asbestos waste as another product to be handled on site further enlarges the operation with no easily enforceable commitment to construct a bUilding on site. The use of containers and trailers is a poor precedent for the development of industrial areas in the Municipality. However, this condition has existed on the site for over four years and the applicant appears to be proceeding in good faith. Staff recommend that the Ministry's Certificate of Approval be limited to a maximum storage of 35 tonnes at this time, until permanent facility is constructed on site. A permanent facility would ensure better security and provide for the continuous processing of the waste without moving between several structures and/or containers. It would also help to ensure that this site does not become a detriment to the development of nearby industrial lands. 4.0 CONCLUSION 4.1 It is recommended that the Council advise the Ministry of the Environment that the Municipality of Clarington has no objection to the proposed amendment to the Certificate of Approval, to allow an asbestos processing and storage on the subject property, subject to rectifying existing zoning infraction and limiting the approval to a maximum storage of 35 tonnes per day. At such time as a permanent building for the waste handling business is completed, staff would have no objection to increasing the on-site storage capacity. Attachments: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: Tony Sampson T.S. Health & Safety Consultants Inc. 2601 Matheson Blvd., East MISSISSAUGA, Ontario L4W 5A8 Regional Municipality of Durham Planning 1615 Dundas Street East 4th Floor Lang Tower P.O. Box 623 WHITBY, Ontario L1N6A3 616 ATTACHMENT NO.1 ~ SUBJECT SITE ~ 373 LAKE ROAD, BOWMANVILLE LOT 9 J I ~ () LOT 8 I ~ (/) LOT 7 II II AS LI E ROAD EAST z - a:::: () z o - (/) (/) w () z o () ...... z o a::: La.. z W ~ o a::: Q) C-4IV-4DI-41V BOWMANVILLE KEY MAP PLN 33.6.1 I 617