DOCUMENT
2
Extracts of Council Minutes
PLANNING AND ENVIRONMENT
COMMITTEE REPORT 53
1. COMMENTS ON ENVIRONMENTAL ASSESSMENT (EA) TERMS OF
REFERENCE RELEASED BY WASTE SERVICES (CA) INC. FOR THE NAVAN LANDFILL
Committee
recommendations as amended
That Council:
1. Endorse the comments
contained in Attachment 1 as the City’s comments on Waste Services (CA) Inc.
Environmental Assessment Proposed Terms of Reference for the Navan Landfill,
and direct staff to forward the approved comments to the Ministry of the
Environment and Waste Services (CA) Inc. for consideration;
2. Approve
that the City adopt the Environmental Advisory Committee (EAC) recommendation
to initiate an expedited review of its current waste management strategy, which
would create a comprehensive IC&I sector waste plan that would consolidate,
update and improve the Integrated Waste Management Master Plan (IWMMP). This
comprehensive waste plan for the IC&I sector would: create a blueprint for waste management in
Ottawa; address opportunities to increase diversion in relation to IC&I
waste (70% of Ottawa’s waste); explore how alternative technologies could be
employed (building on the review that the City of Ottawa will be conducting on
alternative technologies); and assess the need for expansion of the Carp and
Navan Road Landfills;
3. Approve that this
IC&I sector review be done as expeditiously as possible under the Environmental
Assessment Act and address the need for landfill expansions in light of an
analysis of “alternatives to” landfill expansions;
4. Approve that the
City ask the Ontario Minister of the Environment to reject the Terms of
Reference for the Carp and Navan Road landfill expansions as not being in the
public interest, in light of the environmental assessment the City would
undertake on an updated and consolidated IC&I waste plan and residential
efforts already underway;
5. Request that the
Ministry of the Environment:
a)
Provide a complete copy of Waste Services Inc (WSI)
waste management facility’s Certificate of Approval, and any other related
provincial, municipal or federal permits, approvals and/or agreements, to the
City and be placed on the public record for review;
b)
Provide all regulatory compliance reports and
complaint/response records for the Navan Road waste management facility,
submitted by the proponent, WSI to the MOE for the last 10 years of operation;
c)
Hold in abeyance any further review of the Terms of
Reference until the regulatory compliance status of the Navan site and
operations of WSI is confirmed; and
d) That Council
circulate this motion to the Premier of Ontario, the Minister of the
Environment, all Ottawa area M.P.P.s, the Association of Municipalities of
Ontario and the appropriate staff at the Ministry of the Environment;
6. Request the
Minister of the Environment to:
a)
Allow the City and the public to present further
submissions in response to any amended ToR proposal by WSI that may be filed in
the future to MOE, and that the City and the public be given no less than 180
days to respond to any such amended proposal;
b)
Require any EA conducted by WSI be peer reviewed by
independent experts paid for by WSI and that the review be supervised by the
City of Ottawa; and
c) That Council
circulate this motion to the Premier of Ontario, Minister of the Environment,
all Ottawa area M.P.P.s, the Association of Municipalities of Ontario and the
appropriate staff at the Ministry of the Environment.
7. Request the
Ministry of the Environment to:
a)
Consider the full public record compiled as a result
of the Terms of Reference and advise the City of actions to be undertaken in
conjunction with its review of the Terms of Reference; and
b) That Council Circulate this motion to the Premier of Ontario, all Ottawa area M.P.P.s, the Association of Municipalities of Ontario and the appropriate staff at the Ministry of the Environment;
8. Allocate
$250,000 from the City Wide Capital Reserve Fund for the retention by the City
Solicitor of such external legal services as are deemed necessary in respect of
proposed Environmental Assessments for the Carp Road Waste Management Facility
and the Navan Landfill site.
A Motion to move In Camera
was considered later in the meeting.
For ease of reference the Motion’s disposition appears immediately
preceding the ‘Motion to Adopt Committee Reports’
The
Recommendations were divided for voting purposes.
Recommendations 1 and 2 CARRIED.
Moved by Councillor J. Legendre
Seconded by Councillor G. Bédard
That
Recommendation 3 be amended by removing the words “under the Environmental
Assessment Act” and specify that in any case the IC&I sector review not
take longer than 1 year, and that effective, meaningful public consultation be
undertaken in keeping with the spirit of the Environmental Assessment Act.
CARRIED
Recommendation 3 was then put to Council and
CARRIED as amended by Motion No. 63/11.
Recommendation 4 LOST on a division of 7 YEAS to 12 NAYS as follows:
Yeas (7): Councillors
A. Cullen, R. Jellett, R. Bloess, C. Doucet, P. Feltmate,
E.
El-Chantiry and J. Stavinga.
Nays (12): Councillors J. Harder, J. Legendre, R. Chiarelli, D. Thompson, M. McRae,
S. Little, D. Deans, B. Monette, M. Bellemare, G. Bédard, G. Hunter
and Mayor Chiarelli.
Moved by Councillor R. Bloess
Seconded by Councillor R. Jellett
4. That Council request the Minister to
require as a provision in the terms of reference, that WSI and WM address in
their Environmental Assessments, if their terms of reference are approved, any
interim or final reports of the environmental review undertaken by the City on
an updated and consolidated ICI wasteplan and of the residential efforts
underway.
CARRIED on a division of 19 YEAS to 0 Nays as
follows:
Yeas (19): Councillors
A. Cullen, R. Jellett, R. Bloess, J. Harder, J. Legendre,
R.
Chiarelli, D. Thompson, M. McRae, C. Doucet, P. Feltmate, S. Little,
D.
Deans, E. El-Chantiry, B. Monette, M. Bellemare, G. Bédard, G. Hunter, J.
Stavinga and Mayor Chiarelli.
Nays (0):
Recommendations 5, 6, 7 and 8 CARRIED with
Councillor G. Hunter dissenting.
Moved by Councillor R. Bloess
Seconded by Councillor R. Jellett
That the Rules of Procedure be suspended
to consider and
approve the
following Motion:
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 Waste
Services (CA) Inc. (WSI) for the Navan Road Landfill;
AND
WHEREAS on October 16, 2006, the Minister of the Environment responded to the
City Clerk’s letter dated September 7, 2006, indicating that the Ministry had
completed its review and that the Minister had approved the Terms of Reference
(ToR) for the preparation of an EA;
AND
WHEREAS, in response to the City’s more than 50 recommendations and comments,
the Minister of the Environment requested the two following amendments:
1) that
the EA contain a description of the effects on the Mer Bleue Bog; and
2) that
the 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.
AND WHEREAS the Minister of the
Environment provided no further comment regarding the more than 50 City Council
endorsed recommendations and comments;
BE IT THEREFORE RESOLVED that City
Council direct the City Clerk to submit a letter to the Minister of Environment
requesting her reasoning for not including and/or considering City Council’s
more than 50 recommendations and comments with respect to the
Environmental Assessment (EA) Terms of Reference (ToR) released by Waste
Services (CA) Inc. (WSI) for the Navan Road Landfill;
AND BE IT FURTHER RESOLVED that this
Motion be circulated to Mr. Phil McNeely, Mr. Jim Watson, Ms. Madeleine
Meilleur, all other MPPs and the Premier of Ontario and that it be noted that
the City of Ottawa is requesting a review of the Minister’s decision and lack
of consideration for its comments, recommendations and concerns;
AND BE IT FURTHER
RESOLVED that the City Solicitor review the various legal options that
may be available to the City of Ottawa at this point in the proceedings with
respect to the proposal to expand the Navan Landfill and report to Council on
November 22, 2006.
CARRIED
Moved by Councillor R. Jellett
Seconded by Councillor R. Bloess
That the Rules of Procedure be
suspended to consider and approve the following Motion:
WHEREAS at the August 22, 2006
meeting of Planning and Environment Committee, Mr. Ken Brothers stated that if
Waste Services Inc. (WSI) did not include the 50 plus recommendations of City
staff in the Terms of Reference (ToR) for the expansion of the Navan Road Landfill,
WSI’s proposal would not be considered “environmentally sound” under Section 15
of the Settlement Agreement;
AND WHEREAS the Minister of
the Environment did not include any of the City of Ottawa’s recommendations
into the ToR it approved;
AND WHEREAS WSI has submitted
a report to City of Ottawa legal staff responding to the City of Ottawa’s
comments on the ToR, which has to date not been circulated to City Council;
AND WHEREAS to date WSI has
not included the City of Ottawa’s recommendations in a revised ToR;
THEREFORE BE IT
RESOLVED that the approved ToR, as they currently stand, are not
“environmentally sound” within the meaning of Section 15 of the Settlement
Agreement and such opinion should be communicated to appropriate government
officials and WSI;
AND BE IT FURTHER RESOLVED
that City staff circulate WSI’s report to City Council forthwith.
CARRIED
Moved by Councillor R. Bloess
Seconded by Councillor R. Jellett
WHEREAS City Council passed a Motion at it’s
meeting on August 23, 2006 to:
·
Approve that the City adopt the Environmental
Advisory Committee (EAC) recommendation to initiate an expedited review of its
current waste management strategy, which would create a comprehensive
Industrial, Commercial and Institutional (IC&I) sector waste plan that
would consolidate, update and improve the Integrated Waste Management Master
Plan (IWMMP). This comprehensive waste
plan for the IC&I sector would: create a blueprint for waste management in
Ottawa; address opportunities to increase diversion in relation to IC&I
waste (70% of Ottawa’s waste); explore how alternative technologies could be
employed (building on the review that the City of Ottawa will be conducting on
alternative technologies); and assess the need for expansion of the Carp and
Navan Road Landfills;
·
Approve that this IC&I sector review be done as
expeditiously as possible and address the need for landfill expansions in light
of an analysis of “alternatives to” landfill expansions, and that in any case
the IC&I sector review not take longer than 1 year, and that effective,
meaningful public consultation be undertaken in keeping with the spirit on the Environmental
Assessment Act.
AND WHEREAS
proposed Terms of Reference (ToR) have been issued to review ICI waste
management in the City and a consultant team has been engaged to prepare an ICI
Waste Management Strategy;
AND WHEREAS it
is imperative that the IC&I waste review and master plan be conducted in an
open and transparent manner and provide an opportunity to have the options
presented and debated by the public and properly tested;
AND WHEREAS
the ToR include a characterization
of the IC&I waste stream, diversion options and mechanisms to get to 60% diversion
and beyond; the implementation of alternative technologies, source separation
and recycling to reach diversion goals, and the need for landfill capacity in
light of diversion;
AND WHEREAS the consultant team engaged by
the City is currently preparing the Draft Scoping Document;
AND WHEREAS the Council approved Scoping Document will define the entire IC&I waste review and the public needs to be part of the process from the outset;
THEREFORE BE IT RESOLVED that following the public consultation the Final
Draft Scoping Document will be submitted to the Planning and Environment
Committee in January and subsequently to Council for approval;
AND BE IT
FURTHER RESOLVED that City staff prepare a detailed budget for the IC&I
review and Master Plan, that ensures that the review and plan be conducted in a
cost effective manner, and that City staff include time lines for key
deliverables.
CARRIED with Councillors G. Hunter and R. Chiarelli dissenting.