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Report To: Council
Date of Meeting: February 4, 2019
Report Number: PSD -010-19 Resolution: C-034-19
File Number: PLN 33.3.10 By-law Number:
Report Subject: Resolution regarding Durham Region's Solid Waste Management
Servicina and Financina Studv Resort #2019 -COW -3
Recommendations:
1. That Report PSD -010-19 be received;
2. That the Resolution, Attachment 1 to Report PSD -010-19 be adopted;
3. That all interested parties listed in Report PSD -010-19 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PSD -010-19
Report Overview
Page 2
Council wishes to inform Durham Region, York Region and the Ministry of Environment,
Conservation and Parks of its concerns with regard to any expansion of the Energy from
Waste (EFW) facility, Durham York Energy Centre (DYEC).
1. Background
1.1 At the January 21, 2019 General Government Committee meeting, Council heard the
delegations of Ms. Bracken and Ms. Gasser regarding Regional Municipality of Durham
(Durham Region) report #2019 -COW -3, 2019 Solid Waste Management Servicing and
Financing Study. In response, Council approved Resolution #GG -008-19 as set out in
the following:
That the Delegations of Ms. Bracken and Ms. Gasser be referred to staff to report
back to the Planning and Development Committee meeting of January 28, 2019,
on a draft resolution in response to the Region's Report #2019 -COW -3 2019
Solid Waste Management Servicing and Financing Study, including the proposed
administrative amendment to increase the maximum annual tonnage under the
ECA to 160,000 tonnes.
1.2 Staff provided a draft resolution in a memo dated January 25, 2019 for discussion at the
Planning and Development Committee meeting.
1.3 At the Planning and Development Committee meeting on January 28, 2019, delegates
Ms. Bracken and Ms. Gasser submitted comments on the draft resolution. In addition, a
revised resolution was introduced (see 2.1 below).
1.4 Committee referred the revised resolution to staff to review in light of the delegate
submissions.
2. Staff Comments
2.1 The revised resolution referred to staff at the January 28, 2019 Planning and
Development Committee meeting is as set out in the following:
Resolution #PD -0015-19
Whereas Regional Staff presented Report #2019 -COW -3, Solid Waste Management
Servicing and Financing Study on January 16, 2019 to outline a number of processes,
amongst them being:
x Endorsement of a long term waste management vision founded on managing
waste as a resource;
Municipality of Clarington
Report PSD -010-19
Page 3
x Commencement of public consultation and communications for the Regional
Municipality of Durham's Long Term Waste Management Strategy (Update for
2021-2040);
x Authorization to apply to the Ministry of Environment, Conservation and Parks
(MECP) to increase the processing limit of 140,000 tonnes per year to 160,000
tonnes per year at the Durham York Energy Centre (DYEC);
x Commencement of the focussed Environmental Assessment (EA) Terms of
Reference for the future expansion of the DYEC to 250,000 tonnes per year with
anticipated construction in 10-15 years.
Whereas Clarington is concerned that some of the actions are pre -judging the results of
the Long Term Waste Management Strategy and are a more costly approach to waste
diversion; and
Whereas Clarington is concerned with the on-going operational issues at the DYEC and
in particular the air emissions (ambient and stack) which have shown exceedances in the
past; and
Whereas the emissions sources tests at the DYEC from September 2018 indicate that it
is operating at 91 % of the ECA Compliance Approval Limit for NOx; and
Whereas Section 22.1 of the EA stipulates that the maximum amount of waste that may
be processed at the DYEC is 140,000 tonnes per year; and
Whereas the Region committed to a 70% waste diversion target in the DYEC EA and the
Host Community Agreement; and
Whereas on June 13, 2018 Regional Council approved anaerobic digestion (AD) with a
mixed waste transfer and pre-sort facility as the preferred technologies for the Region's
long term organic management strategy (Report #2018 -COW -146) which is necessary to
move from 55% to 70% diversion.
Now therefore be it resolved that:
Clarington Council requests Durham Region Council to direct to staff to:
a. Proceed with haste on renewing its commitment to waste reduction, reuse,
and diversion by reviewing, updating, and consulting with the public on the
Long Term Waste Management Strategy which envisions moving from waste
to a resource;
b. Accelerate the AD process for implementation by Regional staff with a report
to Regional Council before June 2019 outlining steps necessary to complete
this project within a 3 year timeframe;
Municipality of Clarington
Report PSD -010-19
Page 4
c. Prepare a public consultation and communication plan, including anticipated
timelines, to educate the community about the preferred technologies
(approval as per #2018 -COW -146), including the rationale, regulatory process,
siting, opportunities for public input, and how the project contributes to the
Region's 70% waste diversion target; and
d. Clarify how they intend to obtain the input of the public with respect to any
proposed increase to the processing limit of the DYEC; and
e. Provide a timeline for verification of the long-term sampling system for dioxins
and furans (AMESA), as required by the DYEC ECA and, upon completion of
the work plan, report back on the results to Durham Region and Clarington
Councils; and
Prepare and implement a communications plan to include greater promotion,
education, enforcement and public awareness of the Region's waste
management system;
2. Clarington write to the MECP and indicate that it is opposed to any amendment to
the EA to increase the maximum amount of waste proposed at the DYEC beyond
140,000 tonnes per year without a full review under the Environmental Assessment
Act, including the concerns listed above.
3. The concerns respecting local airshed quality be submitted to MECP regarding the
sources and concentrations of NOx and SOx together with a request that the MECP
prepare a report that identifies and evaluates the sources and concentrations of
local airshed emissions, associated health risks, and overall air quality; and
4. That this resolution be circulated to the MECP, Durham Region, and area
municipalities including York Region.
Referred
2.2 Review by staff has identified opportunities to amend the revised resolution to further
the interests and concerns of the Municipality to the Regions and the Province. The
amended resolution by staff is provided in Attachment 1. The proposed amendments
are described below.
2.3 The revised resolution could be strengthened by adding the highlighted words in clause
1 e) about the DYEC's long-term sampling system for dioxins and furans (AMESA) as
follows:
e) Post the work plan for the dioxins and furans long-term sampling system
(AMESA) on the DYEC website, and provide a timeline for verification of the
long term sampling system fer `Bevins and furans I MESA) System, as
required by the DYEC ECA and, upon completion of the actions in the work
plan report back on the results to Durham Region and Clarington Councils;
and
Municipality of Clarington
Report PSD -010-19
Page 5
The revised resolution omitted a clause contained in the staff prepared draft resolution
regarding additional stack testing for the DYEC and the DYEC's ambient air monitoring
program. It is recommended that this be inserted as clause 1 g):
g) Continue to perform both an additional annual source test at the DYEC and
the DYEC Ambient Air Monitoring Program for at least 3 additional years,
minimum; and
2.4 Ms. Bracken in her delegation requested the addition of the following three recitals to
the resolution being:
Whereas the Region recognizes in 6.16 and 6.17 of Report #2019 -COW -3 that the
MECP has passed new and much more stringent air standards for SO2 and new
lower standards have also been proposed for NO2 and that it is very likely that the
ambient air monitoring stations operated by the Region will show exceedances for
SO2 and NO2;
2. Whereas the EA identified potential risks in some scenarios for some pollutants
when more stringent benchmarks were used to characterize risk;
3. Whereas the Regions' consultants used some of these outdated standards in the
EA as toxicity reference values to characterize health risks;
Staff believe the first of Ms. Bracken's proposed recitals is repetitive of what Durham
Region has already acknowledged in Report #2019 -COW -3, and in our opinion this recital
is not necessary.
Although Staff support the intent of the second and third of Ms. Bracken's proposed
recitals, we suggest an alternative approach. In the correspondence to the MECP required
by clause 3. of the resolution (Attachment 1) staff will highlight that any increase in waste
processing capacity should require an Environmental Screening Process using current
standards and benchmarks and will note the concern regarding the now obsolete standards
used by the Region's consultants in the original EA documentation. In addition, when
circulated for comment on the Environmental Screening Process we will request new and
updated studies using current threshold requirements.
Further, Ms. Bracken requested an additional new clause 1 h) to the draft resolution as
follows:
h) Prior to ANY upsizing of the incinerator, fund and complete an updated Human
Health and Ecological Risk Assessment (HHERA) using updated and
proposed standards and health -based criterion and an updated emissions
inventory taking into account the upsizing and thereafter consult on the
updated Stud
Again, staff have an alternative recommendation to include this request as part of
Clarington's comments to MECP in advance of the Environmental Screening Process.
Municipality of Clarington
Report PSD -010-19
Page 6
2.5 Ms. Gasser, with the support of Ms. Bracken, requested the deletion of clause 1 b)
regarding the acceleration of the anaerobic digestion (AD) process for the diversion of
organic waste. The general discussion at the Committee meeting on January 28
indicated a preference to retain this clause.
Ms. Gasser recommended a number of rewordings, re -orderings and additions to
clauses 1 c), d) and f), some of which related back to the deletion of the AD process
clause. In response, clauses 1 e) and g) have been rewritten by staff using the
suggestions provided by Ms. Gasser and supported by Ms. Bracken.
2.6 The changes recommended by Ms. Bracken and Ms. Gasser have, where applicable,
been incorporated into the amended resolution (Attachment 1) referred by the Planning
and Development Committee to staff.
2.7 In addition, Staff suggest a modification to Section 2 of the revised resolution as follows:
Clarington write to inform the MECP and indicate that it is opposed to of its position
that any amendment to the EA to increase the maximum amount of ,Heade prop orl
at -processing limit of the DYEC beyond the current 140,000 tonnes per year w+th0U
be contingent upon a full review of the proposal under the Environmental
Assessment Act, including and include a consideration of the concerns listed above.
2.8 Staff recommend that the order of Section 2 and 3 be reversed so that all of the
concerns listed will be captured in the letter to the MECP.
3. Concurrence
This report has been reviewed by the Municipal Solicitor who concurs with the
recommendations.
4. Conclusion
4.1 Staff believe the amended resolution attached to this report will advance the
Municipality's interests and concerns to the Regions and the Province.
Municipality of Clarington
Report PSD -010-19
Page 7
Submitted by.
Reviewed by:
Faye Langmaid, RPP, FCSLA, Andrew C. Allison, B. Comm, LLB
Acting Director of Planning Services CAO
Staff Contact: Faye Langmaid, Manager, Special Projects, 905-623-3379 x 2407 or
flangmaid@clarington.net
Attachments:
Attachment 1 - Amended Resolution
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
Municipality of Clarington
Amended Resolution:
Attachment 1 to
Report PSD -010-19
Whereas Regional Staff presented Report #2019 -COW -3, Solid Waste Management
Servicing and Financing Study on January 16, 2019 to outline a number of processes,
amongst them being:
x Endorsement of a long term waste management vision founded on managing waste
as a resource;
x Commencement of public consultation and communications for the Regional
Municipality of Durham's Long Term Waste Management Strategy (Update for
2021-2040);
x Authorization to apply to the Ministry of Environment, Conservation and Parks
(MECP) to increase the processing limit of 140,000 tonnes per year to 160,000
tonnes per year at the Durham York Energy Centre (DYEC);
x Commencement of the focused Environmental Assessment (EA) Terms of
Reference for the future expansion of the DYEC to 250,000 tonnes per year with
anticipated construction in 10-15 years.
Whereas Clarington is concerned that some of the actions are pre -judging the results of
the Long Term Waste Management Strategy and are a more costly approach to waste
diversion; and
Whereas Clarington is concerned with the on-going operational issues at the DYEC and
in particular the air emissions (ambient and stack) which have shown exceedances in the
past; and
Whereas the emissions sources tests at the DYEC from September 2018 indicate that it
is operating at 91 % of the ECA Compliance Approval Limit for NOx; and
Whereas Section 22.1 of the EA stipulates that the maximum amount of waste that may
be processed at the DYEC is 140,000 tonnes per year; and
Whereas the Region committed to a 70% waste diversion target in the DYEC EA and the
Host Community Agreement; and
Whereas on June 13, 2018 Regional Council approved anaerobic digestion (AD) with a
mixed waste transfer and pre-sort facility as the preferred technologies for the Region's
long term organic management strategy (Report #2018 -COW -146) which is necessary to
move from 55% to 70% diversion;
Now therefore be it resolved that:
Clarington Council requests Durham Region Council to direct staff to:
a) Proceed with haste on renewing its commitment to waste reduction, reuse, and
diversion by reviewing, updating, and consulting with the public on the Long
Term Waste Management Strategy which envisions moving from waste to a
resource; and
b) Accelerate the AD process for implementation by Regional staff with a report to
Regional Council before June 2019 outlining steps necessary to complete this
project within a 3 year timeframe; and
c) Prepare a public consultation and communication plan, including anticipated
timelines, to educate the community about the preferred technologies (approval
as per #2018 -COW -146), including the rationale, regulatory process, siting,
opportunities for public input, and how the project contributes to the Region's
70% waste diversion target; and
d) Clarify how they intend to obtain the input of the public with respect to any
proposed increase to the processing limit of the DYEC; and
e) Post the work plan for the dioxins and furans long-term sampling system
(AMESA) on the DYEC website, and provide a timeline for verification of the
AMESA system, as required by the DYEC ECA and, upon completion of the
actions in the work plan report back on the results to Durham Region and
Clarington Councils; and
f) Prepare and implement a communications plan to include greater promotion,
education, enforcement and public awareness of the Region's waste
management system; and
g) Continue to perform both an additional annual source test at the DYEC and the
DYEC Ambient Air Monitoring Program for at least 3 additional years, minimum;
and
2. The concerns respecting local airshed quality be submitted to MECP regarding the
sources and concentrations of NOx and SOx together with a request that the MECP
prepare a report that identifies and evaluates the sources and concentrations of
local airshed emissions, associated health risks, and overall air quality; and
3. Clarington inform the MECP of its position that any amendment to the EA to
increase the processing limit of the DYEC beyond the current 140,000 tonnes per
year be contingent upon a full review of the proposal under the Environmental
Assessment Act, and include a consideration of the concerns listed above.
4. That this resolution be circulated to the MECP, Durham Region, and area
municipalities including York Region