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HomeMy WebLinkAboutCS 33-06 Citq (J~ REPORT TO COUNCIL ~ Report Number: CS 33-06 Date: June 5, 2006 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: CaRR. 30-06 Application for MaE Certificate of Approval EBR Registry Number: IA06E0466, U-Pak Disposals U-Pak Disposal (1989) Limited 1740 McPherson Court Recommendation: Council Direction Required ~ Executive Summary: Atthe May 1, 2006 meeting of City Council, staff were asked to investigate the Application for MaE Certificate of Approval for a waste disposal site, as submitted by U-Pak Disposals for property municipally known as 1740 McPherson Court, Pickering. Subsequently, at the May 8, 2006 meeting of Executive/Council, the correspondence was received for information and referred to staff for appropriate action. It was the intent of Council based on the delegation from U-Pak Disposals and the correspondence received, that an extension to the comment period would be requested and staff would provide comments on the subject application, prior to a formal position of Council being taken. Based on the discussion at the May 1 & 8, 2006 meeting of Council, the City Clerk proceeded to apply for an extension to the comment period, whereby confirmation of an extension for comments to May 30, 2006 was obtained. The City Clerk further advised the Director that comments had been obtained from City Departments within the timeframe, but a formal resolution of Council would be forwarded in writing by June 6, 2006, of which verbal confirmation of the acceptance of comments from the City was received from the Applications Processor for the Ministry of the Environment. Financial Implications: Not applicable at this time, however, should Council determine the need to engage the services of a consultant, associated costs for this service would be required and submitted as a subsequent report. - Background: An application for a Certificate of Approval was made by U-Pak Disposals (1989) Limited on April 18, 2006 for property municipally known as 1740 _'"",""""",'""'''"",0.."",",,-,, ,.."........ .......,......""'.,.._."'".,.."',';...",.;,~'"''"''',..___ Report CS 33-06 Certificate of Approval - U-Pak Disposals Date: June 5, 2006 Page 2 McPherson Court, Pickering. The application for the Certificate of Approval is for the use and operation of a waste disposal site with a total area of approximately 4 hectares, to be used for the transfer of the following categories: solid non-hazardous commercial and industrial waste, at a maximum rate of 299 tonnes per day and a maximum total storage of 299 tonnes at anyone time, to serve the Province of Ontario. It should be noted that a copy of the Certificate of Approval was not provided by the Ministry, the City was only provided the opportunity to attend the Ministry offices to view the application. However, the applicant quickly addressed our request for information and couriered a complete application package for our re!ference. - According to information provided in the application, U-Pak presently operates a solid waste transfer facility at Tidemore Avenue in the City of Toronto. The Tidemore site is approximately 4 hectares in size and has a MOE Certificate of Approval to process 300 tonnes per day, the same as currently being requested for 1740 McPherson Court, Pickering. The proposed use involves the transfer of a maximum of 299 tonnes per day of solid non-hazardous commercial and industrial waste (no wet waste and no organic waste). Waste will be unloaded from smaller collection vehicles onto a tipping floor within an enclosed transfer station building. Discharged waste will then be loaded into larger transfer vehicles/trailers and transported off site to landfill. The operation would involve approximately 45 trucks per day (tandem axle trucks) delivering waste, and 10 tractor-trailers per day carrying 'processed' waste outbound -,,' from the site to a landfill site. There is no outside storage 'of materials proposed, and odours are intended to be controlled through the maintenance of negative air pressure in the building. Normal hours of operation are stated to be 7 am to 7 pm Monday to Saturday. The applicants do not want to be restricted from operating outside these hours if necessary and are therefore applying for the operation of the site 24 hours per day, 7 days a week. Departmental Comments PlanninQ & Development Department: Official Plan and Zoning: The property is located in neighbourhood 4 - Srock Industrial, within an area designated 'General Employment' by the Pickering Official Plan. The property is zoning "M2S - Yard Storage and Heavy Manufacturing' by Zoning By-law 2511. The proposed use conforms to the provisions of Pickering's Official Plan and Zoning By-law. General Comments: A site plan application will be required to be submitted to the City prior to the issuance of any building permit, to address such details as appropriate site functioning, streetscape, landscaping, lighting and fencing. ,.-' Report CS 33-06 Certificate of Approval - U-Pak Disposals Date: June 5, 2006 Page 3 - Brock Road in this location of the City is under the jurisdiction of the Region of Durham and is designated a Regional Type "C" - Arterial Road, designed to accommodate truck traffic. The request for approval to handle waste from anywhere in the Province of Ontario is excessive. We support the concept of Regional scale waste management solutions and accountability, with waste generated in Durham being processed in Durham to every extent possible. It is recommended that the scope of area for receipt of waste be limited in the Certificate of Approval to Durham Region, in a manner similar to that applied to the Miller Waste operation in Pickering. Planning & Development staff do not have the technical expertise necessary to provide a comprehensive review of the submitted application and our comments are based on the information provided in the application to the Ministry of the Environment. Should Council determine to engage the services of a consultant, an extension to the response date to the Ministry of the Environment will be required. Operations & EmerQencv Services Department This application is similar and comparable in terms of capacity and size of site as the facility currently operated by U-Pak in the City of Toronto. The City should investigate ~ the compliance record and review the operation of the Toronto facility. The proposed site is in an industrial area at the end of a cul-de-sac road, with access to Brock Road south of both Bayly Street and Hwy 401. Srock Road is a Regional Arterial road designated for goods movement and truck traffic. The Region of Durham has completed the Class Environmental Assessment regarding the widening of Brock Road, and intersection improvements at Bayly Street are nearing completion. The Operation and Management Plan submitted with the Certificate of Approval application should be written into the Certificate of Approval as terms and conditions of the MOE approval. It is recommended that Council consider the requirement for a Host Benefit Agreement with the owner and the City, consistent with the Miller Waste Transfer Site at 1220 Squires Beach Road, to encourage accepting waste only from Durham Region. A more detailed description of the waste being handled at the proposed facility is required. It is classified as 'solid non-hazardous commercial and industrial waste'. The Operation and Management Plan, paragraph 3 lists types of waste that will not be accepted but does not list organic or residential waste. It states that 'the majority' of waste received will be made up of woods, plastics, metals, concrete, cardboard, paper and no domestic or liquid waste or food waste. - There will be no processing at the facility; however, many of the acceptable waste types are recyclable. What assurances can be provided that recyclable materials are going to be processed as such, instead of being land filled? Report CS 33-06 Certificate of Approval - U-Pak Disposals Date: June 5, 2006 Page 4 A peer review of the Operation and Management Plan by a qualified environmental engineering firm on behalf of the City of Pickering would be beneficial. -- Summary: The Environmental Assessment and Approvals Branch (EAAB) of the Ministry of the Environment issues "Certificates of Approval" under the Environmental Protection Act for waste disposal and management. Certificates of Approval are required for facilities that store, transport, process or dispose of waste. Section 27 of the Environmental Protection Act requires that approval must be obtained prior to using, operating, establishing, altering, enlarging or extending a waste management system of waste disposal site. According to the Ministry of the Environment, the responsibility for obtaining approval for a waste disposal site or waste management system lies primarily with the owner, however, no one can engage in this type of activity until the necessary certificate of approval is obtained. Applications are screened for completeness by the EAAB. Once received, applications are reviewed by technical staff and engineers to assess if the application demonstrates compliance with the EPA and applicable regulations and guidelines. If the application is not subject to a hearing, such as this application in speaking with the Ministry of Environment, then as part of the application acknowledgement process a notice is filed under the Environmental Bill of Rights (EBR). Based on public comments received, of which the official comment period for this application was April 18 through-- to May 18, 2006, a public hearing may be held at thE~ discretion of the Director. Attachment: 1. Location Map for 1740 McPherson Court, Pickering Prepared By: Approved I Endorsed By: ~ctJ~~a De~A. Bentley . 1 City Clerk /,7~ ~~~~ .:.. ~.. ~.~ Gffi~ï7~;,-Pmërsë> n -,. Director, Corporate Services & Treasurer Copy: Chief Administrative Officer Recommended for the consideration of Pickering Ci~ ou ../ 06 -.. I ATTACHMENT #: I TO REPORT #: 33- Þ b -;~ I I o <í o ~ o <í o ~ :E <{ :r: '-' z :::¡ ...J o ~ u o a:: CD ~ CLEMENTS ROAD / ¡¿ :i Ú - ~) o <{ o a:: SUBJECT PROPERTY -- FELDSPAR COURT "- McPHERSON COURT ./ ~~ C.NR. '- l / I C.N.R. ~ u o a:: CD ~ McKAY R( o <{ o a:: City of Pickering Planning & Development Department PROPERTY DESCRIPTION BROKEN FRONT CONCESSION RANGE 3, PT LOT 18, RP 40R-9588 PART 2,3 OWNER 1680925 ONTARIO INC. DATE MAY 18,2006 DRAWN BY JB ""^- I' FILE No. N/A SCALE 1 ;5000 CHECKED BY GR ÞT:r:~::CË~i.rpri.lI. Inc. and it. .up~lillr.. All r1Qhta Re.erved. Not 0 plan of Burvey. 2005 MPAC and Ita supplior.. All riDhta Reserved. Not 0 alan of Surv'ev, PN·11