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Compliance Boundary at the Keele Valley Landfill Site

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Compliance Boundary at the Keele Valley Landfill Site Compliance Boundary at the Keele Valley Landfill Site (City Council on August 1, 2, 3 and 4, 2000, adopted this Clause, without amendment.) The Policy and Finance Committee and the Works Committee jointly recommend the adoption of the following report (June 27, 2000) from the Commissioner of Works and Emergency Services: Purpose: To obtain the approval of City Council to request the Ministry of the Environment (MOE) to move the compliance boundary of the Keele Valley Landfill Site from the edge of the secondary buffer lands south of the City-owned lands northwards to the south end of a modified primary buffer, to take place upon the completion of landfilling operations at Keele Valley. Financial Implications and Impact Statement: If the recommendation is approved, subject to the conditions suggested, there are no financial implications to the City of Toronto. Recommendations: It is recommended that: (1) the City of Toronto request the Ministry of the Environment to amend the Certificate of Approval applicable to the Keele Valley Landfill Site to move the compliance boundary of the landfill from the south end of the secondary buffer lands at Major Mackenzie Drive to the south of the primary buffer lands as redefined as set out in this report; (2) Recommendation No. (1) be subject to the following conditions: (a) York Major Holdings, the owner of the lands comprising the secondary buffer, enter into an agreement with the City of Toronto incorporating the following provisions: (i) any new land use on the lands that are currently part of the secondary buffer (“the new uses”) not occur until waste disposal operations at the Keele Valley Landfill Site have ceased; (ii) any technical studies required in support of the application to amend the Certificate of Approval be completed to the satisfaction of the Commissioner of Works and Emergency Services at the cost of York Major Holdings and York Major Holdings similarly be responsible for any costs associated with the processing of the amendment, including costs associated with any proceedings required, including those under the Environmental Protection Act or the Environmental Assessment Act; (iii) York Major Holdings fully indemnify and save harmless the City of Toronto in relation to: (a) any costs incurred by the City of Toronto, directly or indirectly, as a result of the movement of the site boundary or of the new uses; (b) any claims or damages asserted in respect of any existing contamination of the secondary buffer lands; and (c) any claims advanced in respect of the new uses and attributed to the City of Toronto’s activities at the Keele Valley Landfill Site or the Avondale Composting Facility; such indemnification to be secured in a manner satisfactory to the Commissioner of Works and Emergency Services and in a form satisfactory to the City Solicitor, which security may include but not be limited to such collateral agreements or registrations on title as considered appropriate for this purpose with such financial securities as liability insurance including the City of Toronto as an additional insured and bonds as deemed necessary by the Chief Financial Officer and Treasurer; and (iv) York Major Holdings convey to the City of Toronto the following lands or interests in land: (a) lands adjacent to the primary buffer as shown in Figure B-5 attached; and (b) permanent easement rights to discharge stormwater onto York Major Holdings lands in accordance with the Stormwater Management Plan approved for the Keele Valley Landfill Site; and (b) the City of Vaughan first enact or provide the following: (i) a temporary zoning by-law effective June 1, 2001, to permit composting at the Avondale Facility to continue until May 31, 2004 (the maximum time allowed for temporary zoning approval); (ii) a holding by-law preventing development of the secondary buffer lands until waste disposal operations at the Keele Valley Landfill have ceased; and (iii) an agreement to impose, where possible, on any planning application for approval by Vaughan in respect of the secondary buffer lands, the inclusion on title of a warning clause with respect to the potential for nuisance impacts on the use and enjoyment of those lands that could result from time to time from any use of the Avondale Facility or any maintenance activities after cessation of waste disposal operations at the Keele Valley Landfill; and (3) the appropriate City staff be authorized and directed to take the necessary action to give effect thereto and to report back to Council for approval of any agreements to be executed with York Major Holdings. Background: The former Metropolitan Toronto purchased land from Superior Sand and Gravel Ltd. (“Superior”) to operate the Keele Valley Landfill Site by agreement dated May 11, 1983. The landfill site, which is subject to an MOE Certificate of Approval, comprises both lands owned by the City and certain secondary buffer lands, shown on the attached map, and over which Toronto exercises, by agreement with Superior, easement rights. The easement rights on the secondary buffer allow Toronto to take such measures as are in the opinion of Toronto staff necessary to comply with MOE requirements. Toronto currently uses the easement rights on the secondary buffer to carry out water monitoring at its observation wells and to receive surface water runoff which is directed to a pond located on the easement lands. The easement rights expire in 2033. The Certificate of Approval applies to the secondary buffer lands. The MOE requires that provincial groundwater criteria be met at the south end of the secondary buffer (i.e., Major Mackenzie Drive). The MOE currently holds the City of Toronto responsible for meeting those criteria at that location, regardless of the source of contamination. The City of Vaughan has produced a plan which proposes the development of the lands surrounding Keele Valley, including the secondary buffer. The City of Vaughan proposes that a significant proportion of these lands be developed for recreational use. As the secondary buffer lands are subject to the Certificate of Approval and the easement rights referred to above, development of these lands would require the resolution of issues related to the Certificate of Approval and easements on these lands. The owner of the secondary buffer, York Major Holdings (“York Major”), has also approached City staff regarding the above. The proposal by York Major, however, is different from that of the City of Vaughan. Before discussions would be able to proceed, the City of Vaughan and York Major will have to agree as to what they want and will have to set out with particularity what they are proposing. Comments: The City of Toronto has operated the Keele Valley Landfill Site according to the highest and most stringent standards established for the landfill industry. Keele Valley has been commended by the Solid Waste Management Association of North America for excellence of operation. In addition, a commendation has been received from the United Nations in relation to gas control at the site and its effect on greenhouse gas reduction. Nonetheless, residents of the City of Vaughan have been pressing to have the site closed and the City of Vaughan has responded with a proposal for the development of lands in and around the landfill for the recreational use of its citizens. Development on these lands can be considered provided: (a) the MOE agrees to move the compliance boundary from the south end to the north end of the secondary buffer; (b) the City of Toronto acquires from York Major certain lands to be added to its primary buffer zone and, in addition, permanent easement rights on the secondary buffer lands; and (c) the City of Toronto is secured against any costs or claims associated with movement of the compliance boundary or with the existing contamination on the secondary buffer or in respect of new uses on those lands. Any costs associated with this process must be borne by York Major. The proposal to move the compliance boundary as requested by the City of Vaughan could result in the following benefits: - an extended (three years) temporary Zoning By-law to continue the life of the Avondale Composting Facility; - permanent rights to discharge stormwater in accordance with the Keele Valley Stormwater Management Plan; - a shift in responsibility for any existing contamination on the secondary buffer lands from the City of Toronto to the land owner; and - goodwill developed with the citizens of the City of Vaughan. The City Solicitor and staff of the Risk Management group have been consulted in the preparation of this report. Conclusions: Solid Waste Management Division’s staff believe that the movement of the south site compliance boundary from its present location to the south of the primary buffer zone would have a number of advantages for both the City of Toronto and the City of Vaughan provided the necessary supporting studies are completed, secure indemnification is available to the City of Toronto and such permanent interests as are necessary are conveyed to the City of Toronto. The movement of the compliance boundary and any change in use on the subject lands would not take place until the landfilling operations at Keele Valley have been completed. Contact: Angelos Bacopoulos General Manager, Solid Waste Management Division Telephone: (416) 392-98831 Fax: (416) 392-4754 [email protected] Insert Figure B-5 Keele Valley Landfill Site Boundaries, Easements, Limits Respectfully submitted, BILL SAUNDERCOOK, Chair Toronto, July 21, 2000 (Joint Report No. 2 of The Policy and Finance Committee and The Works Committee, including additions thereto, was adopted, as amended, by City Council on August 1, 2, 3 and 4, 2000.).
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