1. COMMENTS ON ENVIRONMENTAL ASSESSMENT (EA) ENVIRONMENTAL STUDY REPORT (ESR) RELEASED BY WASTE SERVICES (CA) INC. FOR THE NAVAN LANDFILL

COMMENTAIRES SUR LE RAPPORT D’ÉTUDE ENVIRONNEMENTALE (RÉE) SUR L’ÉVALUATION ENVIRONNEMENTALE (ÉE) PUBLIÉ PAR WASTE SERVICES (CA) INC. POUR LA DÉCHARGE DE NAVAN

Committee recommendationS AS AMENDED

That Council:

1. Endorse the comments contained in Document 1 as the City’s comments on Waste Services (CA) Inc. Environmental Study Report for the Navan Landfill, and direct the City Clerk to forward the approved comments to the Ministry of the Environment and Waste Services (CA) Inc. for consideration.

2. Recognize and support the terms and conditions set out in this Agreementthe April 20, 2007Agreement and its amendment dated May 14, 2007 between The Friends of the Mer Bleue (FoMB) and Waste Services (CA) Inc. (WSI).

3. Direct the City Clerk to submit a letter to the Minister of the Environment to ensure that, if the Navan Road Landfill EA is approved, the provisions of this Agreement are incorporated into all the related certificates, permits and approvals.

RecommandationS modifiÉeS du Comité

Que le Conseil :

1. Approuve les commentaires contenus dans la pièce jointe 1 comme étant les commentaires de la Ville sur le rapport d’étude environnementale de Navan, et charge le greffier municipal de transmettre les commentaires approuvés au ministère de l’Environnement et à Waste Services (CA) Inc., aux fins d’examen.

2.

Reconnaisse et soutienne les modalités de l’entente du 20 avril 2007, et de sa modification datée du 14 mai 2007, conclue entre les Amis de la Mer Bleue (AMB) et Waste Services (CA) Inc. (WSI);

3. Charge le greffier de la Ville d’écrire une lettre au ministre de l’Environnement pour s’assurer, en cas d’approbation de l’ÉE de la décharge du chemin Navan, que les dispositions de cette entente seront intégrées dans tous les certificats et les permis et dans toutes les approbations qui s’y rapportent.

Documentation

1. Deputy City Manager, Public Works and Services report dated 3 May 2007 (ACS2007-PWS-UTL-0013).

2. Extract of Draft Minutes, 22 May 2007.

3. Letter to Ministry of the Environment regarding Environmental Assessment Environmental Study Report for the Navan Landfill with attachments (Document 1)

4. Extract of Council resolutions concerning the Navan Landfill EA (Document 2)

Report to/Rapport au:

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

3 May 2007/le 3 mai 2007

Submitted by/Soumis par :

R.G. Hewitt, Deputy City Manager / Directeur municipal adjoint,

Public Works and Services / Service et Travaux publics

Contact Person/Personne ressource : Kenneth J. Brothers, Director /Directeur

Utility Services/Services publics

(613) 580-2424 x22609, ken.brothers@ottawa.ca

Ward 2 (Innes)

Ref N°: ACS2007-PWS-UTL-0013

SUBJECT:	COMMENTS ON ENVIRONMENTAL ASSESSMENT (EA) ENVIRONMENTAL STUDY REPORT (ESR) RELEASED BY WASTE SERVICES (CA) INC. FOR THE NAVAN LANDFILL.
OBJET :	COMMENTAIRES SUR LE RAPPORT D’ÉTUDE ENVIRONNEMENTALE (RÉE) SUR L’ÉVALUATION ENVIRONNEMENTALE (ÉE) PUBLIÉ PAR WASTE SERVICES (CA) INC. POUR LA DÉCHARGE DE NAVAN.

REPORT RECOMMENDATION

That the Planning and Environment Committee recommend Council endorse the comments contained in Document 1 as the City’s comments on Waste Services (CA) Inc. Environmental Study Report for the Navan Landfill, and direct the City Clerk to forward the approved comments to the Ministry of the Environment and Waste Services (CA) Inc. for consideration.

RECOMMANDATION DU RAPPORT

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver les commentaires contenus dans la pièce jointe 1 comme étant les commentaires de la Ville sur le rapport d’étude environnementale de Navan, et charge le greffier municipal de transmettre les commentaires approuvés au ministère de l’Environnement et à Waste Services (CA) Inc., aux fins d’examen.

EXECUTIVE SUMMARY

Staff has conducted a critical assessment of the Environmental Study Report (ESR) document released by Waste Services (CA) Inc. (WSI) and provided the comments that are contained in Document 1. The City had no major technical concerns with the ESR. Two concerns were identified due to the odour and noise assessment modeling work that has been performed to date. The City recommended that these concerns could be addressed within forthcoming Certificate of Approvals applications submitted under the Environmental Protection Act (EPA). The City also incorporated the majority of the community commitments made between WSI and the Friends of Mer Bleue (FOMB) Community Association set out in their 20 April Commitment Agreement. Staff submitted the comments contained in Document 1 on 23 April 2007 to meet the Ministry’s deadline. Council is now being requested to ratify these comments with notice to be further provided to the Ministry of the Environment (MOE) and WSI.

The responsibility to complete the EA review has now shifted to the MOE. They will release their Review of EA document for public comment in late May. Staff will review and provide a further report or update memorandum to Council as deemed appropriate.

RÉSUMÉ

Le personnel a mené une évaluation en profondeur du document du Rapport d’étude environnementale publié par Waste Services (CA) Inc. (WSI) et a émis les commentaires qui figurent dans le document 1. La Ville n’a soulevé aucune préoccupation technique majeure relativement au Rapport. Deux préoccupations ont été cernées en raison du travail de modélisation de l’évaluation des odeurs et du bruit qui a été accompli à ce jour. La Ville a recommandé que ces préoccupations soient abordées dans les demandes de certificats d’autorisation à venir présentées en vertu de la Loi sur la protection de l’environnement. La Ville a également incorporé la majorité des engagements communautaires conclus entre WSI et l’association communautaire « Les Amis de la Mer‑Bleue » stipulés dans leur accord d’engagement du 20 avril. Le personnel a présenté les commentaires contenus dans le document, le 23 avril 2007, pour respecter l’échéance du Ministère. Le Conseil est maintenant appelé à ratifier ces commentaires. Des avis seront ensuite transmis au ministère de l’Environnement et à WSI.

La responsabilité de parachever l’examen de l’évaluation environnementale est maintenant dévolue au ministère de l’Environnement. Ce dernier publiera son document d’examen de l’évaluation environnementale pour que le public ait l’occasion de le commenter vers la fin mai. Le personnel l’examinera et présentera un autre rapport ou note de service de mise à jour à l’intention du Conseil, selon qu’il sera jugé approprié.

BACKGROUND

EA Proposal to date

WSI’s proposal is for an expansion of WSI’s Navan Landfill, located on Navan Road in Notre-Dame-des-Champs, to provide additional landfilling capacity at the existing landfill facility. At the current filling rates and approved volumetric capacity, WSI estimates that their Ottawa facility has less than five years of remaining use.

WSI submitted a Terms of Reference (ToR) document to the MOE in June 2006 as the first in a series of steps to satisfy the requirements of the Environmental Assessment Act (EAA). Staff submitted comments on the ToR document on 18 July 2006. A report ratifying staff’s comments was adopted by Planning and Environment Committee on 22 August 2006 (http://ottawa.ca/calendar/ottawa/citycouncil/pec/2006/08-22/ACS2006-PWS-UTL-0021.htm). Council also added additional recommendations on 23 August 2006. Notably, staff were directed at that time to undertake an Industrial Commercial & Institutional Study (IC&I) and several recommendations were also specifically directed towards the Minister of the Environment. It should also be noted that prior to approval of the ToR, Council directed several motions to WSI in its approval of staff’s comments on Waste Management’s Draft Terms of Reference (ToR). An extract of all relevant Council motions concerning the Navan Landfill is attached as Document 2 to this Report.

The Minister of the Environment approved WSI’s ToR on 5 Ocober 2006 with two amendments:

1. That the EA contain a description of the effects on the Mer Bleue Bog; and

2. That Aboriginal communities that may be affected by or have an interest in the Navan Landfill Expansion EA will be provided with sufficient opportunity to participate in the development of the EA.

The Minister declined to include any of the City’s 50+ comments or additional Council recommendations on the ToR.

Subsequent to the ToR being approved, in a teleconference, MOE staff stated that although the concerns raised by the City were valid, they did not request any amendments to the ToR, apart from the two identified above, and that most of the City’s concerns could be addressed by WSI in its ESR and supporting studies. Although, Council passed a motion on 25 October 2006, to ask the Minister to address our concerns, the MOE’s letter of 9 November 2006 echoed their previous message. As part of addressing Council’s 25 October motion, the City Solicitor obtained an external legal opinion on the merits of success regarding a judicial review application on the ToR. This opinion was provided to Council on 22 November 2006.

Environmental Assessment Process

The Environmental Assessment Act (EAA) provides for the protection, conservation and wise management of Ontario’s environment by creating an accountable, logical and clear process of provincial decision-making with significant opportunity for public review and input.

The EAA promotes environmental planning by requiring the “proponent” of an “undertaking”, such as a landfill expansion proposal, to obtain approval of that undertaking by the Minister of Environment prior to proceeding with the implementation of any significant works.

The City, as host municipality, is one key stakeholder amongst other stakeholders and will provide its comments to both WSI and the Minister of Environment during the EA process. The EA process and timelines are graphically summarized in the following flow chart.

Time Lines in the Environmental Assessment Process

ToR Preparation

Regulated Time Lines

Anticipated Time Lines ⁽¹⁾

Proponent prepares Terms of Reference (ToR) and completes mandatory public consultation

No Time Lines

12 - 52 Weeks

ToR Review and Approval

Proponent submits proposed ToR Government/Public Review (mandatory 30 day review) EAAB Analysis Minister’s Decision

12 Weeks

12 - 24 Weeks

EA Preparation

Proponent prepares EA and carries out mandatory public consultation

No Time Lines

52 - 260 Weeks

Proponent submits EA*

Public Notice

EA Review & Approval

Government/Public Review of EA*

7 Weeks

7 Weeks

EA Review/Notice of Completion *

5 Weeks

5 Weeks

Final Public Comment Period

5 Weeks

5 Weeks

• Project Officer evaluates submissions,
negotiates conditions and finalizes
recommendations to Minister
• Minister's Decision

13 Weeks

13 Weeks

Approve/Deny

Refer to Hearing

Minister Sets Time Lines

24 - 52 Weeks

Refer to Mediation

* Director may issue Deficiency Statement

SOURCE:

A Guide to Preparing Terms of Reference for Environmental Assessments (Draft), Ministry of the Environment, December 15, 2000

Current stage of Ottawa WMF EA

Public Consultation

⁽¹⁾ Subject to Ministerial extension based on need to resolve outstanding issues.

As noted on the graphic, WSI has completed the 7-week public review period on its EA document. The MOE is now in the process of producing its EA Review document. That report will be released to the public for a further 5-week review period.

Environmental Assessment ToR Phase

By way of review, WSI proposed a “focused” EA with five alternatives. The ToR outlines WSI’s plan for addressing the legislated requirements of the EAA. The ToR outlined the type of work that WSI considers necessary to study and address the environmental issues that have been identified and to prepare the EA document detailing the investigation of environmental issues. In general, the ToR identified the purpose and rationale for the proposal, provides a general description of both the proposal and the environment that may be potentially affected by the landfill expansion and activities, outlines the alternatives that will be considered in the EA and identifies the broad issues that need to be assessed. With approval of the ToR, landfill expansion was identified as the most feasible alternative, given the current legislative and economic climate. WSI has proposed five different vertical and horizontal landfill expansion alternatives.

In its approval of the ToR, the Minister has allowed WSI to proceed with the various technical environmental and social-cultural studies to support its landfill expansion proposals and the selection of a preferred expansion alterative. The EA document must, in the opinion of the MOE, meet the commitments made in the approved ToR to obtain final approval to proceed.

DISCUSSION

Environmental Assessment Phase

Following approval of the ToR, WSI was responsible for conducting various studies and assessments that were identified as necessary with the results included in the ESR. WSI had been conducting work on the various studies and assessments since 2005, the baseline year identified in the ToR. The decision to commence EA studies prior to the approval at the ToR is permissible, and at the discretion of the proponent.

With the approval of the ToR in October 2006, WSI continued with its public consultation process for the EA.

On 14 December 2006, a third Open House provided an opportunity for the public to discuss alternative methods of proceeding with the landfill expansions and the potential impacts of these alternatives. A fourth Open House was held on 15 February 2007 in Navan and provided an opportunity for the public to review and provide comments on the comparative evaluation of alternatives which led to the selection of a preferred alternative. Following the fourth Open House, WSI submitted its EA Environmental Study Report to the MOE for approval. A formal public review period opened on 2 March and closed on 20 April 2007. The City submitted its comments to the MOE on 23 April.

Selected Alternative

WSI’s preferred alternative, Alternative 3, was selected through an evaluation of identified criteria and the weighted preference of each criteria as assigned by the public. The criteria that were identified were air quality, odour, visual impact, noise, site design and operation, aquatic ecosystems, groundwater quality, surface water quality, terrestrial ecosystems, cultural and heritage resources, recreational facilities, archaeological resources, effects of costs on customers, continued service to customers and economic benefit to the community. As shown in this table from the ESR, if approved, the preferred Alternative 3 will result in the smallest estimated air space and lowest estimated additional site life.

Table 1: Main Characteristics of Expansion Alternatives

Alternative	Estimated Additional Air Space for Waste (Million m^3)	Approximate Expanded Footprint Area (ha) [% increase]	Total Landfill Footprint (ha)	Estimated Additional Site Life (years)	Approximate Soil Excavation Volume (m^3)
Alternative 1	5.50	10.30 [32%]	42.2	16.5	657,600
Alternative 2	4.40	6.64 [20%]	38.5	13.2	414,250
Alternative 3	3.60	8.5 [27%]	40.4	10.8	514,800
Alternative 4	3.70	10.30 [32%]	42.2	11.2	657,600
Alternative 5	3.80	12.90 [40%]	44.8	11.4	943,200

The proposed mitigation measures were the same for each potential Alternative and are illustrated in the Table below:

Table 2

Issue	Mitigation Measure(s)
Odour	Leachate forcemain; active gas management system; discontinuation of on-site composting activities
Noise	Berms
Dust and dragout	Best management plan for dust control
Visual Impact	Vegetation of sideslopes and berms
Property Value	Property Value Protection Plan
End Use	Plan within 3 years of closure

Other than the discontinuation of their leaf and yard waste composting service, WSI is not proposing to increase their annual waste tonnage, service area or types or amounts of wastes received for disposal or processing at their Navan facility.

Staff Comments on the ESR

Staff’s review of the ESR included comments from the Public Works and Services Department, an external consultant, and FOMB Community Association. Due to time constraints and the need to keep costs in perspective, staff focused the review of the ESR on the key environmental issues such as the air and noise study, geology, hydrology, hydrogeological, surface water studies, conceptual landfill site design, and the environmental assessment practices employed by WSI. As such, the City did not complete a review of the archaeological and cultural heritage assessment, socio-economic environment assessment, visual environment assessment, aquatic environment assessment, terrestrial environment assessment and recreational facilities assessment. In some cases, data and accompanying explanations were not included in the ESR and thus, the City’s consultant did request the data from WSI’s consultant. The City’s review is a critical component in determining the “environmental soundness” of WSI’s landfill expansion proposal.

Staff included the following summary comments on the ESR document in Document 1, which was submitted to the MOE:

· The City has no major concerns with the landfill site design, surface water, geological, hydrological and hydrological studies and associated mitigation measures proposed by WSI;

· WSI’s selection of the proposed mitigation measures is appropriate for the proposed expansion;

· In regards to air (odour), the City found that the modelling done by WSI’s consultant failed to take into account potential fugitive emissions from the landfill that would not be collected by the landfill gas collection system.

The City recommended that these potential emissions be incorporated into the odour modelling and that appropriate mitigation measures be developed in conjunction with a future air approval application to be submitted under section 9 of the Environmental Protection Act;

· In regards to noise, the City found that there would likely be a 55 dBA impact on several residential receptors (homes) in the surrounding area even with the proposed noise barriers (mitigation measures). The City recommended that the noise barrier designs be revisited during a future air approval application submitted under section 9 of the Environmental Protection Act in order to reduce the predicted noise impacts to sensitive receptors following implementation of mitigation measures to less than 55 dBA;

· The City continues to recommend the establishment of a Public Liaison Committee as per previous comments recommending Public Advisory and Technical Advisory Committees. The City also requested WSI to describe how it will continue to consult with stakeholders pending approval of the expansion by the MOE;

· The selection methodology to confirm the preferred alternative employed by WSI was appropriate, however a quantitative method might have been more useful in confirming the identification of the preferred alternative; and

· The proposed property value and end use plans are also appropriate for the expansion. The City supports WSI and the Friends of Mer Bleue’s (FOMB) agreement to extend WSI’s Property Value Protection Plan to include properties on Mer Bleue Road and Grandpre.

As a key stakeholder in the process and as the host community, the City’s comments and concerns should be given serious weight and consideration by the Environmental Assessment and Approvals Branch of the MOE. However, the ultimate decision making authority for all steps in the EA process is with the Minister of Environment.

20 April 2007 Agreement between FOMB and WSI

Staff reviewed the 20 April 2007 Agreement between FOMB and WSI which sets out various company and community commitments (found within Document 1). Staff included all of those elements of the Agreement which were judged to be compatible with the ongoing work related to the City’s Industrial Institutional & Commercial (IC&I) Waste Strategy and recent comments provided on the Carp Landfill EA ToR. The Agreement between WSI and FOMB provides for a closure clause after this proposed expansion of the Navan Landfill.

Future Steps & EA Timeline

Next Step – City of Ottawa

Staff has already submitted its comments on behalf of the City to the attention of the MOE and WSI. Following formal consideration and approval of the attached City’s comments at the 23 May 2007 Council meeting, notice of this formal approval or any changes to the comments will be forwarded to the MOE and WSI for their consideration.

Next Steps - MOE

With the submission of the ESR, the responsibility to oversee the EA process then shifts to the MOE. Now having the benefit of the submissions of the Government Review Team and other interested parties, the MOE is in the process of preparing a formal written review of the EA. In accordance with the Deadlines regulation, the MOE’s review document will be released for public comment on or about 25 May 2007. Formal notice will be provided to the City Clerk of the availability of the MOE Review document and the deadline for receipt of comments to the MOE. In summary, there is one more statutory-mandated opportunity to provide comments to the MOE and WSI in the EA process. Staff will review and prepare a comment on the MOE Review document. A further report or IPD memorandum to Council will be completed, as deemed appropriate.

ENVIRONMENTAL IMPLICATIONS

The EAA sets forth a broad planning framework to allow for the implementation of major proposals, such as this one pertaining to WSI’s Landfill expansion. Through the requirements of the Environmental Assessment Act, it is expected that an objective, reproducible, transparent and thorough process will be followed in consideration of the proposal at hand.

RURAL IMPLICATIONS

Industrial, commercial and institutional waste from both rural and urban areas is accepted at the Navan Landfill. WSI is contractually committed to reserving 75% of its lifetime capacity to waste generated in Ottawa as per the Settlement Agreement signed in 2001.

CONSULTATION/PUBLIC NOTIFICATION

Utility Services Branch staff employed an external consultant to provide the majority of the City’s comments on the ESR. Contact was made, as well, with South Nation Conservation Authority in regards to their comments on the proposal and any potential impact on the Mer Bleue Bog.

Following submission to the MOE, City staff met to discuss the City’s comments with representatives from the Environmental Advisory Committee and FOMB Community Association. If consultation comments are extensive, they will be summarized in a separate document and filed with the City Clerk following submission of this report to Secretariat Services.

FINANCIAL IMPLICATIONS

External consulting services of approximately $23,000 including GST, has been budgeted for the City’s review of the ESR from Solid Waste Capital No. 900352, Account No. 502392.

SUPPORTING DOCUMENTATION

Document 1 – Letter to Ministry of the Environment regarding Environmental Assessment Environmental Study Report for the Navan Landfill with attachments – On file with City Clerk

Document 2 – Extract of Council resolutions concerning the Navan Landfill EA – On file with City Clerk

DISPOSITION

The City Clerk will send notice of Council’s endorsement of Document 1 as approved comments to the MOE, 2 St. Clair Avenue W., 14th Floor, Toronto, ON M4V 1L5, Attention: Solange Desautels, Special Projects Officer –Project Coordination, solange.desautels@ontario.ca.

COMMENTS ON ENVIRONMENTAL ASSESSMENT (EA)

ENVIRONMENTAL STUDY REPORT (ESR) RELEASED BY WASTE SERVICES (CA) INC. FOR THE NAVAN LANDFILL

COMMENTAIRES SUR LE RAPPORT D’ÉTUDE ENVIRONNEMENTALE (RÉE) SUR L’ÉVALUATION ENVIRONNEMENTALE (ÉE) PUBLIÉ PAR WASTE SERVICES (CA) INC. POUR LA DÉCHARGE DE NAVAN.

ACS2007-PWS-UTL-0013

The Committee received a detailed presentation from Mr. Ken Brothers, Director, Utility Services, Public Works and Services and Committee members posed number of questions to elucidate points made during the presentation. Ms. Jennifer Jackson, Special Projects Manager, PWS and Mr. Michael Benson, Conestoga Rovers Ltd, Consultant, were also in attendance.

Councillor Bob Monette presented the following Motion for consideration:

WHEREAS on June 16, 2006 Waste Services (CA) Inc. (WSI) submitted their Proposed Terms of Reference (ToR) to the Environmental Assessment and Approvals Branch of the Ministry of the Environment (MoE) for a proposed expansion to the Navan Road Landfill Site in Notre-Dames-des-Champs;

AND WHEREAS on September 7, 2006, the City Clerk submitted a letter to the Honourable Laurel Broten, Minister of the Environment, outlining City Council’s more than 50 recommendations and comments, approved at its meeting held on August 23, 2006, with respect to the Environmental Assessment (EA) Terms of Reference (ToR) released by WSI for the Navan Road Landfill;

AND WHEREAS on October 16, 2006 the Honourable Laurel Broten, Minister of the Environment, agreed to the ToR for the Environmental Assessment as submitted by WSI with two additional requirements;

AND WHEREAS on March 1, 2007, WSI submitted their Environmental Assessment Study Report to the Ministry of Environment;

AND WHEREAS the deadline for submitting comments to the Ministry of Environment on the Environmental Assessment Study was April 20, 2007;

AND WHEREAS on April 20, 2007, The Friends of the Mer Bleue (FoMB) and WSI entered into an agreement (attached) whereby the FoMB will not continue to oppose the current application for expansion, while WSI agrees:

· to not seek further expansion of the Navan Road Landfill site beyond this current application and to cease all waste handling operations including, but not limited to, recycling, processing, garbage handling, transfer sites, energy-from-waste and mining/reclamation, and decommission the site after the expanded capacity has been reached;

· to ask the Ministry of the Environment (MoE), as a condition of approval for the expansion, that a Public Advisory Committee (PAC) be formed including representatives from WSI, the MoE, the City of Ottawa, the National Capital Commission and the FoMB;

· in the interim, to work with the PAC on an ongoing basis to consider enhanced opportunities to improve recycling and diversion at the Navan Road Landfill to work towards the diversion goals articulated by the City of Ottawa and the province;

· to expand the area covered by the Property Value Protection Plan (PVPP) to include properties on Mer Bleue south of Navan Road and on Grandpré;

· to commit to measures to address the potential for off-site adverse impacts such as odour, dust and dirt on Navan Road; and

· to work with the City of Ottawa, the FoMB and the PAC to identify and develop community projects to enhance and improve the community and its public spaces;

AND WHEREAS this agreement was amended by WSI on May 14, 2007 to clearly define “closure and decommissioning” to agree with the aforementioned meaning of these terms, and to acknowledge that WSI’s rights under the Settlement Agreement are subject to the provisions of the agreement with the Friends of the Mer Bleue;

AND WHEREAS in the aforementioned agreement, WSI and the Friends of the Mer Bleue agreeagrees that any future owners and/or operators of the Navan Road Landfill will be bound by the terms of this Agreement and the aforementioned will not rely on the 2001 Settlement Agreement to circumvent the spirit of their contract;

BE IT THEREFORE RESOLVED THAT the City of Ottawa recognizes and supports the terms and conditions set out in this Agreementthe April 20, 2007Agreement and its amendment dated May 14, 2007 between The Friends of the Mer Bleue (FoMB) and Waste Services (CA) Inc. (WSI);

AND BE IT FURTHER RESOLVED THAT City Council direct the City Clerk to submit a letter to the Minister of the Environment to ensure that, if the Navan Road Landfill EA is approved, the provisions of this Agreement are incorporated into all the related certificates, permits and approvals.

CARRIED

The Committee was also advised that the Environmental Advisory Committee had approved the following Motion at its meeting of 10 May 2007:

WHEREAS the Friends of Mer Bleue (FOMB), a community and environmental protection group, is determined to obtain a firm and irrevocable decision to close and decommission the Navan Landfill operated by WSI Inc in the short to medium term, and;

WHEREAS the Ontario Minister of the Environment (MOE) has approved the terms of reference for the environmental assessment to expand the Navan Landfill despite fundamental opposition by City politicians, thousands of citizens and extensive professional concerns by City staff, and;

WHEREAS the FOMB has negotiated a bonding agreement with WSI, subject to the outcome of the environmental assessment, to:

· Protect the Mer Bleue wetlands and preserve the natural and social environment near the landfill

· Allow the Navan Landfill to expand slightly in the short term

· Close and decommission the Navan Landfill after that;

WHEREAS the City's draft staff report to MOE, and the FOMB, stress the need for the environmental assessment to analyze the odour problem rigorously using the best available professional tools rather than as proposed by the proponent;

WHEREAS overall, the City draft staff report to MOE on the Navan Landfill expansion is thorough - except as noted immediately below - and merits support by the Environmental Advisory Committee (EAC);

WHEREAS the City's draft staff report to MOE acknowledges the FOMB agreement with WSI. It does not yet include reference to the form commitment by WSI to close and decommission the Navan Landfill.

Therefore be it resolved that EAC recommends to the Planning and Environment Committee and Council to:

1. Direct staff to modify the draft report to make reference to the agreement between FOMB and WSI Inc. to close and decommission the Navan Landfill once it has reached slightly expanded capacity.

2. Subject to adding the reference immediately above, approve the staff report.

The Committee then approved the staff report, as amended by Councillor Monette’s motion:

That the Planning and Environment Committee recommend Council endorse the comments contained in Document 1 as the City’s comments on Waste Services (CA) Inc. Environmental Study Report for the Navan Landfill, and direct the City Clerk to forward the approved comments to the Ministry of the Environment and Waste Services (CA) Inc. for consideration.

CARRIED as amended