DOCUMENT
1
File
No. W21-06-07-NAVAN/45838
23
April 2007 VIA FACSIMILE
AND E-MAIL
Ms. Solange
Desautels
Project Officer
Ministry of the Environment
Environmental Assessment and Approvals
Branch
2 St. Clair Avenue West, Floor 12A
Toronto, Ontario M4V 1L5
FAX (416) 314-8452
Email: solange.desautels@ontario.ca
Dear Ms. Desautels:
Re: Environmental Assessment (EA) –
Environmental Assessment Study Report (February 2007) – Waste Services (CA)
Inc., Ottawa (Navan), Ontario
Introduction
This
letter and attachments provides the City’s comments on the Environmental Study
Report (ESR) prepared on behalf of Waste Services (CA) Inc. (WSI). These comments have been compiled from staff
in the City’s Public Works and Services Department and by the City’s
consultant, Conestoga Rovers & Associates (CRA). As you are aware, these staff comments are subject to
ratification by the City’s Planning and Environment Committee (PEC) and
Council. It is expected that these
comments will be considered by PEC on May 22, 2007 and forwarded to Council for
approval on May 23, 2007.
Focused Peer Review
Comments
The
City’s consultant, CRA, was tasked with doing a high-level, focused peer review
of the ESR. The City has adopted CRA’s
report attached as Document 1 to this letter with the following summary
conclusions:
1. Consultation
– The consultation conducted satisfies the Province’s EA consultation
requirements. Consistent with the
City’s comments on the Terms of Reference (ToR), the City expects that an EA
monitoring strategy be required as a condition of EA approval and/or will be
incorporated into any Environmental
Protection Act (EPA) or Ontario Water
Resources Act (OWRA) approvals. The City requests that WSI describe how it intends to continue to
consult with stakeholders pending approval of the expansion;
2. Conceptual
Site Design – The proposed expansion design
alternatives appear to comply with O.Reg.
232/98 Landfilling Sites and no
other issues were identified;
3. Geologic/Hydrologic
– Based on review of geology and hydrologeology, the site is suitable for use
as a landfill site. The modeling assessment was appropriate and applied
correctly with regards to the requirements of regulations and industry
standards. The predicted results of no
future impact are reasonable based on the modeling work conducted;
4. Surface
Water – The modeling assessment was
appropriate and applied correctly with regards to the requirements of
regulations and industry standards. No
issues were identified with the proposed drainage/surface water management
measures associated with the proposed expansion and WSI has identified that
these measures will be in accordance with O.Reg. 232/98 Landfilling Site and
subject to OWRA approval;
5. Atmospheric
Impact (Odour & Noise) – The odour modeling
did not include the odour emissions from fugitive landfill gas emitted from the
surface of the landfill that is not collected by the landfill gas collection
system. The report assumed that
approximately 5% of the landfill gas will be emitted as fugitive emissions from
the surface (see Section 5.6.2). A
September 27, 2006 Odour Sampling report by Zorix indicates that there is odour
in the landfill gas emitted from a passive gas vent. This same landfill gas also has a potential to contribute to
off-Site odour as it is currently assumed to be emitted from the landfill
surface at a rate of 5% of the total gas generated. The City recommends that fugitive landfill gas emissions through
the landfill cap be incorporated into the odour modeling evaluation and that
appropriate mitigation measures be developed in conjunction with a future EPA
section 9 application, as required.
With
respect to noise modeling, several of the residential receptors, including R5,
R6, R7, R8, and R11 are predicted to have a noise level of 55 dBA even with the
proposed noise barriers. Given the
inherent uncertainty in the modeling results, the proposed noise barrier
designs should be revised to achieve theoretical noise levels less than 55 dBA
at the sensitive receptors. The
modeling does show that compliance with noise criteria can be achieved and the
City recommends that the noise barrier designs be revisited during the EPA section
9 approvals process.
6. Site
Mitigation Measures – The selection of
site mitigation measures to address odour, noise, dust, visual impact, property
value and end use are appropriate at this time;
7. Preferred
Alternative Selective Methodology – The preferred
selection methodology is appropriate, however, a quantitative approach might
have been more useful in confirming the identification of the preferred
alternative.
Thus,
in regards to the matters examined, with the exception of odour and noise review
assessments noted above, the City has concluded that there are no outstanding
technical concerns with the ESR
Planning
Act
Comments
The
ESR identified planned land use matters in Section 5.13 of the ESR. While the City has no concerns with the
factual issues discussed therein, the ESR did not outline the requirement to
submit a required rezoning application with the City for the proposed
expansion. This requirement has been
noted in the City’s Official Plan Policy 3.8.4 available at http://www.ottawa.ca/city_hall/ottawa2020/official_plan/vol_1/designtns_lnd_use/solid_waste_sites/index_en.html.
Agreement between the
Friends of Mer Bleue Community Association (FOMB) & WSI
Staff
have obtained and reviewed a recent agreement signed by FOMB and WSI, attached
as Document 2 to this letter. The City
is in support of the substantive matters as outlined in the agreement. The City recommends that each substantive
matter be incorporated as a condition of EA approval by the Minister of the
Environment as follows:
§
Formation
and composition of membership of a Public Advisory Committee (PAC);
This
recommendation is consistent with the City’s prior submission on the Navan
Landfill Terms of Reference (ToR) and the present membership composition of the
City’s Trail Landfill Liaison Committee.
The role of the PAC would be to review new issues that may arise out of
approvals issued under the EA Act, Environmental Protection Act or Ontario Water Resources Act, to
incorporate the recommendations of the City’s Industrial, Commercial &
Institutional (IC&I) Waste Strategy, encourage enhance waste diversion
measures at the Landfill site and be supplied with monitoring data regarding
potential environmental impacts or emissions from the Landfill site.
§
Formation
of a Dispute Resolution Strategy to be employed by WSI and the PAC;
This
recommendation is consistent with the City’s prior comments on the Terms of
Reference that was submitted by Waste Management of Canada Corporation and have
now been withdrawn for their Carp Ottawa Waste Management Facility.
§
Expansion
of WSI’s Property Value Protection Plan to include the properties on Mer Bleue
Road and on Grandpre, directly east of the Navan Landfill;
§
WSI
work with the City of Ottawa, FOMB and the PAC to identify and develop
community projects to enhance and improve the local community and public
spaces; and
§
In
issuing any future approval under the Environmental
Protection Act, the City of Toronto would be specifically excluded from the
service area for the Navan Landfill site.
This
recommendation is consistent with the 2001 Settlement Agreement which obliges
WSI to reserve 75% capacity of the Site for waste generated within Ottawa and
prior City communications to the Ministry of the Environment in regards to
shipment of waste from the City of Toronto.
Conclusion
As
previously noted, the City’s PEC will be considering these comments on May 22,
2007 with the anticipated Council approval to follow on May 23, 2007. Any changes to staff’s comments or Council
resolutions related to the proposed Navan Landfill expansion will be forwarded
to you for the MOE’s consideration as soon as possible after the Council
meeting.
In
the interim, please do not hesitate to contact the undersigned at (613)
580-2424 ext. 21268, should you have any questions or concerns about the City’s
comments.
Yours truly,
Original
signed by Ken Brothers on behalf of
R.G. Hewitt. P.Eng.
Deputy City Manager
Public Works and Services