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HomeMy WebLinkAboutADMIN-23-00 ~ . _....to;- REPORT #12 THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT Meeting Council Meeting File # Date: October 16, 2000 Res. # Report # : File#: By-law # ADMIN-23-2000 Subject Principles of Understanding Port Granby Low Level Radioactive Waste Management Site Recommendations: 1. That Report ADMIN-23-2000 be received. 2. 'That the Principles of Understanding negotiated between the representatives from the Municipality of Clarington, Town of Port Hope, Township of Hope and Natural Resources Canada be approved as the basis for developing a legal agreement for the clean-up, storage and long term management of the low level radioactive waste. 3. That the solicitor be authorized to finalize the legal agreement for execution by Council. 4. That Council approve the attached by-law authorizing that the Mayor and the derk execute the legal agreement with Canada, the Colporation of the Municipality of darington, the Town of Port Hope and the Township of HOpe. 1. BACKGROUND 1.1 In September 1999, Council considered staff Report PD-95-99 and approved eleven recommendations with respect to various matters regarding the Port Granby Low Level Radioactive Storage Site, and the recommendations were forwarded to the HOnourable Ralph Goodale, Minister of Natural Resources Canada in November 1999. .,.' REPORT ADMIN23.2000 PAGE 2 1.2 Subsequently, the Mayors of darington, Port Hope and the Reeve of the Township of Hope made a joint submission to the Minister dealing specifically with the question of compensation. The Minister subsequently advised the Municipality that his Cabinet colleagues supported the communities' proposals for managing the waste locally and have given him a mandate to negotiate legal agreements with the communities. The Minister further advised that Mr. Dan Whelan, Director General, Energy Resources Branch, Natural Resources Canada will commence the negotiations leading to the legal agreement as the first step towards the clean-up and effective long. term management of the local wastes. 1.3 Prior to the negotiation it was agreed to by the three Municipalities that a joint agreement with Natural Resources Canada be negotiated to ensure consistency in our approach, negotiating process, as well as the compensation issue. In this regard, a Working Group was formed consisting of the administrators and solicitors of the three municipalities as well as representatives from Natural Resources Canada, Department of Justice and Finance Canada. 2. THE NEGOTIATION AND APPROVAL PROCESS 2.1 The Working Group commenced the negotiation process in early March and have met 13 times and conducted many telephone conference calls. The goal of the Working Group is to arrive at the Principles of Understanding that would be used as the basis for a subsequent legal agreement suitable for execution by the parties. 2.2 Staff are pleased to advise that the Working Group has successfully completed the Principles of Understanding which has been submitted to the Federal Government for approval. We were advised on October 5, 2000 that approval has been granted by the Cabinet and the Treasury Board of the Government of Canada. At the request of the Minister of Natural Resources, the Mayor of darington, Mayor of Port Hope and Reeve of the Township of Hope were present in Ottawa to initial the Principles of Understanding. A copy of the Principles of Understanding has been forwarded to members of Council under separate cover. Highlights of the Principles of Understanding are as follows: REPORT ADMIN23-2000 PAGE 3 3. HIGHIlGHTS OF THE PRINQPLES OF UNDERSTANDING 3.1 The Principles of Understanding contains two parts. The first part is the main body covering the common provisions applicable to all three Municipalities. The second part contains individual annexes dealing with those particular circumstances for each community, including clean-up approach and methodology. 3.2 Project Phasing Phase 1: Planning, Environmental Assessment, and Regulatory Review Phase detailed planning and engineering regulatory review includes assessments under CEAA public communications 5 years from signature of legal agreement Phase 2: Implementation and Operation issuance of appropriate construction licences construction of new waste facilities related physical work 3 to 7 years from a licencing decision, depending on the project Phase 3: Post-closure Monitoring amendment of Canadian Nuclear Safety Commission (CNSq operating licence for long-term monitoring lasts until CNSGauthorized cessation of monitoring program 3.3 Project Management Framework Canada to designate a Federal Operating Agency (FOA) to act as Project proponent REPORT ADMIN23-2000 PAGE 4 Principal office of the FOA for the Project will be Port Hope- Township of Hope Each municipal Council may establish a Community Advisory Committee (CAC) liaison between FOA and Council community input on Project planning function may also be carried out by Council or Council subcommittee FOA to provide funding for the CAe 3.4 Regulatory Review and Operating Principles Project subject to full regulatory review according to relevant municipal, provincial and federal laws The parties recognize that conceptual approaches defined in the community-specific annexes may be altered to respond to regulatory review considerations and decisions Municipalities will have standing and be reimbursed reasonable costs for participating in the review process Operating principles for the various phases of the Project will be defined through federal, provincial and municipal regulation and the legal agreement Protocol to be defined for carrying out the work Parties commit to consultation and cooperation 3.5 Monitoring, Communications and Complaints Monitoring to be carned out compliant with federal, provincial, municipal regulation, and the legal agreement the FOA, in cooperation with the municipalities, will develop a project monitoring plan for each comnnmity that will be consistent with licence conditions stipulated by the regulator REPORT AHMIN23-2000 PAGE 5 Communications FOA to establish comprehensive communications program to provide information and obtain public input on the subject FOA has primary communications responsibility but CAC or Council may carry out complementary communications program FOA shall provide reasonable funding Complaints FOA to establish, in consultation with the CAC or municipal Council, a fair and expeditious process for handling complaints 3.6 Property Value Protection effective from date of signing of legal agreement compensates property owners for financial losses FOA may offer to purchase property rather than compensate owners must prove financial loss Compensation Officers to be appointed by FOA, in consultation with municipalities, to facilitate resolution of property value claims - monitoring, advice, mediation, arbitration 3.7 Host Community Grant The Federal Government agrees to pay each community a host community grant of $10 million which is payable upon signing of the legal agreement. In accordance with the sub- agreement with darington, the funds are to be placed in a trust account and cannot be drawn by the Municipa\ityuntil the Project actually commences subsequent to environmental assessment approval. However, any interest earned on investment can be expended by the Municipality at anytime for whatever purpose deemed appropriate by Council, provided all funds, inclusive of the $10 million, can only be used solely forthe ~ . REPORT ADMIN23-2000 PAGE 6 benefit of the residents of Clarington within its current boundaries or within a reduced boundaty as may be resulted from a future local government restructured scheme. 3.7 The Annexes to the Agreement Community Subagreements Annexes A, Band C are community-specific subagreements more detailed Project descriptions project costs defined deanup Approval Process and Methodologies Annex D sets out cleanup objectives: unrestricted current and foreseeable uses of remediated property no obligation for cleanup of other contaminants not comingled with historic waste cleanup of Port Hope industrial waste properties consultation with CNSC on cleanup and verification methodologies current LLRWMO cleanup and verification methodology set out as basis for consultations Geographic Scope of Property Value Protection Program Annex E sets out geographic scope of Property Value Protection Program In Clarington, this includes an area generally bounded by Highway 2, Newtonville Road, Hope Township boundatyand Lake Ontario. 4. CONClUSION The negotiation process was long and tedious primarily due to complexity of the issues and multi-party involvement. However it is rewarding to know that after over 20 years of not being able to find a solution to the disposition of the low-level radioactive waste at Port Granby, this matter has finally corne to an end. What have been negotiated and agreed to now set the stage and the proper course of action to clean up the site and ensure safe storage . , REPORT ADMIN23-2000 PAGE 7 of the waste. The Municipality of Clarington and its residents are indebted to the many individuals including our colleagues at Port Hope and Township of Hope and at Natural Resources Canada, for their tireless effort to ensure an agreement can be reached. Last but not least, we thank the leadership provided by the Mayor of Port Hope, Mayor of Clarington and Reeve of the Township of Hope throughout the negotiating process. It will be remiss not to mention the support from our MP, Alex Shepherd and the tremendous assistance from MP Christine Stewart who always worked diligently on behalf of the interest and well being of the three communities. Respectfully submitted, 00~~ ~ Franklin Wu Chief Administrative Officer Interested Parties to be Notified of Council Decision: 1. Christine Stewart, MP 1005 William Street Cobourg, ON K9A 5J4 2. Alex Shepherd, MP 116 Water Street Port Perry, ON L9L 1R2 3. Dr. Peter Brown, Natural Resources Canada 580 Booth Street, Room 17C5 Ottawa, ON K1A OE4 4. Fran Aird, Administrator Township of Hope PD. Box 85, 5325 County Rd. 10 Port Hope, ON LlA 3V9 5. Mike Rostetter, Administrator Town of Port Hope P,O. Box 117, 56 Queen Street Port Hope, ON LlA 3V9 6, Mr, Harvey Thompson 4720 Concession Rd. 6 R.R.#l Newtonville, ON LOA 1JO THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2000- being a by-law to authorize the execution of a legal agreement between Canada, The Corporation of the Municipality ofClarington, the Township of Hope and the Town of Port Hope respecting the long term management of low level radioactive waste WHEREAS at its meeting on October 16. 2000, Council received and approved the verbal reports of Mayor Diane Hamre and the Chief Administrative Officer, concerning Principles of Understanding ("Principles of Understanding") for an agreement between the Fed....al Govemment and the Municipality ofClarington, Township of Hope and the Town of Port Hope eoncerning the Long Term Management ofLoca1 Low-Level Radioactive Wastes" which were initialled by Mr. Dan Whelan, Director General. Natural Resources Canada, Mayor Diane Hamre ofthe Municipality ofClarington, Reeve Ian Angus of the Township of Hope. and Mayor Ron Smith of the Town of Port Hope on October 6.2000; AND WHEREAS the Principles of Understanding contemplate that they will be implemented by the execution of a legal agreement between the same parties; THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON.ENACTS AS FOLLOWS: 1. The Mayor and the Clerk on behalf of the Municipality of Clarington are authorized to execute a legal agreement with Canada, the Township of Hope and the Town of Port Hope containing provisions which arc substantially consistent mth the intent of the Principles of Understanding and containing such other provisions which are acc::eptable to the Chief Administrative OfIicer. BY-LAW read a first and second time this 16th day of October. 2000_ BY-LAW read a third time and finally passed this 16th day ofOctob...., 2000. Diane Hamre, Mayor Patti L. Banie, Clerk -"..,.,c.;.