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HomeMy WebLinkAbout1996-06-05ENVY1996-06-05 JUNE 5, 1996 ENVIRONMENTAL COMMITTEE MINUTES CITY OF KITCHENER The Environmental Committee met this date commencing at 4:00 p.m. under Councillor T. Galloway, Chair, with the following members present: Councillor J. Ziegler and Messrs R. Porter, and D. Hilker. Councillor Jake Smola entered the meeting after its commencement. Officials Present: Messrs. B. Stanley, S. Gyorffy, J. Hancock, L. Masseo, T. Clancy and L.W. Neil. Councillor T. Galloway advised that Councillor C. Weylie was at the Federation of Canadian Municipalities Conference in Calgary. 1. PRESENTATION - ENVIRONMENTAL COMMISSIONER OF ONTARIO Ms. Dale Hamilton, Education Officer with the Environmental Commissioner of Ontario attended to make a presentation. In this regard, a copy of her May 14th correspondence and "A Guide to the Environmental Bill of Rights and the Environmental Commissioner" had been distributed with the Committee agenda. Ms. Hamilton circulated the following: a pamphlet "Municipalities and the Environmental Bill of Rights" and a document "Ontario's Environmental Bill of Rights and You" which describes the Bill and outlines how to take action under it. Ms. Hamilton pointed out that the mandate of the Environmental Commissioner is to do outreach to municipalities. She explained that the Environmental Commissioner was an independent impartial body reporting directly to the Speaker of the Legislature and that it functions like an auditor. She advised that the Commissioner's First Annual Report would be published this month and would provide a review of and report on Ministries compliance with environmental regulations. Ms. Hamilton advised that under the Environmental Bill of Rights, the following rights were established: notice, comment, appeal, investigation, whistleblower protection, sue and review. She commented that with such process in place, litigation tends to be avoided. She pointed out that under the Legislation, each Ministry prepares a statement of environmental values. In addition, an Environmental Registry has been created which is useful for municipalities to access for purposes of monitoring activities of the provincial government. The Registry contains information on the Environmental Bill of Rights, proposals affecting the environment and other information. Search of the Registry can be undertaken by Ministry, Location, Decision and the Registry can be accessed by computer modem to a 1-800 telephone number or the Internet as described on Pages 8 & 9 of the document. Mr. Porter questioned appeal involvement and Ms. Hamilton advised that their role was to monitor the appeal process. She also advised that the Environmental Commissioner's office was set up under the previous government with all party support. Councillor T. Galloway questioned what would be a practical aspect for the City under the Legislation. Ms. Hamilton commented that the waste oil furnace item listed on the agenda would be an example. She noted that the City is not circulated with everything the Ministry handles but that everything is contained in the Registry. She also noted that at this time funding was insufficient to allow for an interactive approach and suggested this was an issue that could be brought to the attention of the Association of Municipalities of Ontario. It was her view that only a small amount of municipal staff time would be required to monitor the Registry. Councillor T. Galloway requested that staff review the material provided and report on potential to the Committee. Ms. Hamilton advised that the Environmental Commissioner would be visiting the Region in September as part of a community blitz and would like to make a presentation to City Council and any other interested groups. She noted that at that time, more information would be available along with the Annual Report of the Environmental Commissioner. RECOMMENDATIONS - HAZARDOUS WASTE MANAGEMENT FACILITIES - LOCATION STUDY The Committee was advised that at the May 21st Council meeting, clauses 7 & 8 of the report of the Planning and Economic Development Committee were deferred and referred to the Environmental Committee for further consideration this date. With regard to clause #8, it was ENVIRONMENTAL MINUTES JUNE 5, 1996 COMMITFEE CITY OF KITCHENER requested the Committee take into consideration the response of the Fire Department and the RECOMMENDATIONS - HAZARDOUS WASTE MANAGEMENT FACILITIES - LOCATION STUDY (CONT'D) draft guideline proposed by Councillor J. Ziegler within discussion at Council that date. Fire Chief J. Hancock attended the meeting in respect to this matter. Councillor J. Ziegler referred to the material contained in the Committee Agenda and noted that it was to be understood that involvement by the Kitchener Fire Department would be at its discretion and option at all times. In this regard, he noted that if a problem was discovered by the Fire Department it would be the Fire Department responsibility to decide if more regular inspection was required as follow-up. Councillor Ziegler pointed out that his intention was not to establish impossible standards but simply to ensure that operators of hazardous waste management facilities operate according to the conditions of their Certificate of Approval issued by the Ministry of the Environment and Energy. He suggested if the Fire Chief was prepared to support this approach then City Council would do likewise. Fire Chief J. Hancock explained that for most of the inspections undertaken by the Kitchener Fire Department their routine involved checking storage issues such as: if racking capacity was being exceeded, was proper curbing in place to control spills and were maintenance issues being addressed. He noted that it was not their practice to inventory the volume of materials on hand for the purpose of making a determination as to whether an operator was exceeding the limits of their manifest. Mr. Hancock emphasized that their inspections look at operational issues that once identified might lead to other questions being raised. He supported the suggestion for annual co- inspection with staff of the Ministry of the Environment and Energy. Councillor J. Ziegler commented that the criteria for inspection must be flexible on a site specific basis. Fire Chief Hancock agreed that Fire Department staff could trigger the Ministry to undertake review of an operator. He stated that at all times the Fire Department would not be assuming MEE responsibilities and involvement of the Fire Department was in no way assuming their responsibilities but was simply accessory to the MEE carrying out its responsibilities. Councillor Jake Smola entered the meeting at this point. Clauses 7 & 8 of the report of the Planning and Economic Development Committee of May 21, 1996 were then dealt with and Councillor J. Ziegler indicated he would revise clause #8 as discussed this date and incorporate it under clause #7 as sub item #3. On motion by Councillor J. Ziegler - it was resolved: "1) That Planning and Economic Development Committee take no action with respect to further regulating the location of hazardous waste management facilities through the Comprehensive Zoning By-law. 2) That Planning and Economic Development Committee adopt the following specific guidelines setting out the City's objectives for locating new hazardous waste management facilities, with such guidelines to be used by staff when providing comments to the Ministry of Environment and Energy on applications for Certificates of Approval for hazardous waste management facilities: The separation distance between new hazardous waste management facilities and existing or planned residential areas shall be maximized where possible and practical. ii) Concentrations of hazardous waste management facilities which would substantially increase the amount of hazardous waste vehicle traffic within or adjacent to existing or planned residential areas shall be avoided; iii) Transport vehicles travelling to and from a proposed hazardous waste management facility shall be restricted to using routes which provide the ENVIRONMENTAL MINUTES JUNE 5, 1996 COMMITFEE CITY OF KITCHENER RECOMMENDATIONS - HAZARDOUS WASTE MANAGEMENT FACILITIES - LOCATION STUDY (CONT'D) most direct access to the provincial highway system but avoid using roads with front lotted residential development; iv) That the appropriate Ward Councillor be immediately advised of all applications for Certificates of Approval for hazardous waste management facilities; and v) That all applications for Certificates of Approval be brought to Planning and Economic Development Committee for information as soon as possible after the M.O.E.E. request for municipal comments." 3) That the Ministry of Environment and Energy be requested to accept involvement by the Kitchener Fire Department (KFD) as part of its Certificate Approval process for hazardous waste management facilities on the understanding that at all times the KFD is not assuming MEE responsibilities and involvement of the KFD is in no way assuming the responsibility of the Certificate of Approval process but is simply accessory to the MEE carrying out its responsibilities and that the MEE authorize the KFD in the discretion of the KFD or upon the request from time to time of the KFD to: i) co-inspect such hazardous waste management facilities with MEE staff, ii) inspect such facilities on a regular basis as a supplement to MEE inspection with any identified unresolved problems being conveyed to the MEE." USED OIL BURNING FURNACES At the Committee's May 1st meeting it was requested that the issue of contaminants from furnaces that burn used oil be addressed. In this regard the Committee was circulated with an attachment providing background to the waste derived fuel (WDF) furnace issue. Mr. L. Masseo referred to the material circulated that had been prepared earlier by the Recycling Council of Ontario. Concerns have been raised regarding the large number of mini burners which were in non-compliance with Environmental Legislation. The waste oil recycling industry has expressed concern regarding these furnaces and surveys have been completed that identify significant deficiencies. Mr. Masseo pointed out that numerous WDF furnaces were found in the Cambridge area and he emphasized that even though they may be in non-compliance with the Environmental Protection Act, it did not necessarily mean that they were polluting. Mr. B. Stanley advised that Mr. C. Ford investigated WDF furnaces on behalf of the City for the purpose of recommending whether or not the City should utilize such furnaces. Mr. Ford found that this type of furnace requires monitoring on a very regular basis along with a regular maintenance procedure and was concerned that individuals utilizing the furnaces may not appreciate the high level of maintenance required. Councillor Jake Smola noted that the oil recycling industry was questioning why a standard was not being applied to all in respect to issues involving used oil. Mr. D. Hilker questioned if there was a possibility in future that these WDF furnaces might be made to operate more efficiently. He indicated that before taking any position on the matter, he would like to have information from the manufacturers of such furnaces and consider regulatory and pollution data. Councillor Jake Smola agreed that information in this regard should be obtained from manufacturers particularly detail on how they deal with contaminants from used oil. Councillor T. Galloway referred to Appendix C of the information provided with the agenda and noted the statement in item #2 "once the used oil is collected, the only acceptable forms of managing used oil are by re-refining or re-processing for reuse as a lubricant". He indicated USED OIL BURNING FURNACES (CONT'D) that there may be an opportunity to generally support the re-refining of oil but there may also be situations were such WDF furnaces are appropriate. ENVIRONMENTAL MINUTES JUNE 5, 1996 COMMITFEE CITY OF KITCHENER It was agreed that staff obtain an information package from a WDF furnace supplier and that after that was available the Committee could then consider the philosophy of industry not recycling a non-renewable resource. RECYCLING OF USED SHINGLES At the Committee's May 1st meeting Mr. S. Gyorffy agreed to investigate the question of why old shingles were being accepted for disposal at the Regional Landfill site when it is known that shingles are a recyclable material. In this regard the Committee was in receipt of a memorandum dated May 30, 1996 from Mr. S. Gyorffy advising that the Region will take asphalt shingles at the Landfill and this actually includes roofing materials (shingles, wood and flashing). Attached to the memorandum was a copy of the Regional Administration and Finance Committee minutes of May 23, 1996 in which a resolution was approved that the Region proceed with banning wood and other construction materials in 1996 and that staff report back on both the implications and implementation. In his report, Mr. Gyorffy pointed out that at present only one company was known to recycle asphalt shingles being Horizon Enterprises Limited, 80 Centennial Drive. The company accepts all roofing materials at its site where wood, metal and any other materials are separated from the shingles. These materials are then recycled through appropriate companies. The shingles are ground up and reused as a road base for roads and parking lots and a high performance cold patch mix has also been produced which local municipalities are testing in the field. Councillor Jake Smola indicated that he still questions why shingles were not being recycled by the Region. Councillor T. Galloway referred to the regional consideration of a ban on acceptance of construction material including shingles and noted that before any action is proposed there must be an alternative available to landfill users. Following further discussion, Councillor J. Ziegler recommended that the approach not be on the basis of a ban but on the basis of a diversion project in order to facilitate various recycling programs which could be different in order to accommodate the differing needs of residential and industrial users. On motion by Councillor J. Ziegler - it was resolved: "That the Region of Waterloo be requested to develop a program to divert construction material from the Regional Landfill and to consider establishing a procedure that would allow residents to bring construction material to the Region Landfill for it to divert from the landfill, whereas businesses in co-operation with the Region develop a diversion approach suitable to business users." INVITATION -WATERLOO CITIZENS ENVIRONMENTAL COMMITTEE The Committee was provided with a copy of a May 23rd e-mail from L. Masseo extending an invitation to Committee members to attend the Waterloo Citizens Environmental Committee. The Committee took note of the invitation and asked that the Waterloo Committee be informed that Kitchener members have been made aware of their activities and the invitation. It was left that no formal action would be taken unless a serious issue affecting both municipalities arose. DOWNTOWN RECYCLING BINS Mr. S. Gyorffy reported on the matter of recycling program and bins in the downtown which was discussed at a previous meeting. He advised that following his discussions with the regional staff the Region has agreed to service recycling bins on King Street. He indicated that the DOWNTOWN RECYCLING BINS (CONT'D) proposal was to convert existing concrete bins for recycling purposes and avoid the high cost of purchasing specific recycling bins. ENVIRONMENTAL COMMII-FEE MINUTES JUNE 5, 1996 - 20 - CITY OF KITCHENER It was agreed that Mr. Gyorffy should advise Ms. S. Frenette of resolution of this issue which was an outstanding recommendation contained in the Mayor's Task Force on the Downtown report. 7. GREAT LAKES WATER QUALITY FILM Mr. D. Hilker advised that TV Ontario has a film dealing with water quality in the great lakes and suggested that it might be worth showing to the Committee. Mr. B. Stanley indicated that he has been trying to obtain a copy. 8. COMMITTEE MEMBER ATTENDANCE Councillor Jake Smola raised the issue of reduced attendance by lay members of the Environmental Committee and suggested that perhaps they should be contacted to find out if they were still interested in membership and that the matter then be discussed at the next meeting. Mr. B. Stanley advised that two members of the Kitchener Safe City Committee have resigned and as part of the advertising process for their replacement it may be timely to solicit for replacement of any members of the Environmental Committee who find themselves unable to continue to serve on the Committee. 9. NEXT MEETING - JULY 3, 1996 - GREEN ON THE GRAND It was agreed that the next meeting of the Committee would be held on Wednesday, July 3, 1996 at 4:00 p.m. at the Green On The Grand in the Lancaster Business Park, 650 Riverbend Drive, Kitchener and that the Committee would receive a tour of the building at 4:00 pm and following the tour would meet in the boardroom of the facility. 10. ADJOURNMENT On motion, the meeting adjourned at 6:00 p.m. Assistant City Clerk