Review of City of Hamilton 'Streets' by Law #86-077 & A

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REVIEW OF CITY OF HAMILTON ‘STREETS’ BY LAW LAW BY ‘STREETS’ HAMILTON OF CITY OF REVIEW A Literature and Policy Review of Available Municipal Air McMaster Institute of Environment and Health (MIEH) Health and Environment of Institute McMaster (MIEH) Health and Environment of Institute McMaster Matt Manager, Lawson, Health Hazards Program Quality Enforcement Tools Enforcement Quality Marie McKeary, Research Consultant Hamilton Public Health Services [email protected] Dr. Jim Dunn, Director Dunn,Dr. Jim [email protected] Hamilton, Ontario Hamilton, Prepared for: Prepared Prepared by: -077 #86 June 2014 &

Appendix

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Page1 strategiesinitiatives. of and for targeted emission development the allow findings will Once underway. currently offor Hamilton, City complete, the data analysis of thesource and Model is Airshed procurementof the an initiative key A of Hamilton. City departments the within other collaboration in with mitigation forprograms control and policies prevention, and (AQTF especially (HPHS), Services Health Public directed Hamilton by being project The partlarger reportof a is Policy Office s and Toconsultation with review ofwn Environmental document Oakville, ona based Hamilton emissions requirements for of necessary some possiblethe the of and the duplication by law in Quality By Law (HPAQ) found in the literature. The final section will examine the precedent setting Health Protecti progress in work often illustrating use the of suggested ‘tools’ municipal and Best (BMP) Practices PM/FG emissions. The report will als focusing project onpotentialthe ‘tools’ available at municipal the level for control of regulation and purpose secondary of the address report will the of sections The next addressing these concerns. sources Matter, of Particulate Dust including Fugitive (PM/FG) of role the public and health in purpose primary and of by report, the followed an introduction to health the issues common and The following following REVIEW OF CITY HAMILTON OF ‘STREETS’ BY LAW #86-077 ) to) reduce the negative health impact of airpollutants and develop evidence based strategies, A LiteratureA and Policy Review of Available Municipal Air Quality in in their leadership both in role Clean Air (CAH) the Hamilton Taskand Force Quality Air taff. taff. report report is divided into a number of into a sections. The first sectionoutlines background the is divided passed in the Town of Oakville to regulate the passed Town the in of Oakville control of PM industrial Enforcement Tools o initiate the of development ofa City of inventory Hamilton & & Appendix

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Page2 protect health the of its Forcitizens. airexample, emission by order in to legislation requirements provincial/federal than orstricter additional governments to set Thethe improvementCity. Municipal (2001) Act quality in allows local focusedCorporation onair initiates an P fine both controlling purpose of array of alternative toolsand best pract pollution as an potential enforcement tool for air improving and decreasingof quality health the impact focusThe main of report the is Introduction dir September the At 2012 Board of Background the Oakville Health Protection Air Quality By protection health public improved environmental and health andpowerspublic nuisance delegated to municipalities thus a of document. end the the at referen All Control Dust for Options researcher and the following report, well as as, ajoint ( of Health Board requested (MIEH), Health PHS and Institute Environment the of assistance of their designated relationship an consultancy McMaster the existing with Leveraging ofDust Hamilton. City the in particulate matter airborne (PM)/Fugitive 'tools'to reduce of utility other municipal and availability explore its potential as an air quality enforcement tool. Staff was Oakville. Oakville. conductedinterviews by authorthe with key personnelthe in City of Hamilton the and Town of potential paramet ected to review the existing By Law 86 ers.

, Hamilton asin directed by Board the ( of Health air qualityinitiatives (both level atthe internationally), and local nationally as, as well ce documents interviewsconsulted and for following the conducted be report can found

The report is ona based policy review of number ofa documents to pertaining inventory of work inventory

BOH

, July#14018 2014) already in progress in already Public both Services Hamilton by theHealth and a review of

Health meeting, Hamilton Public Health Services (PHS) staff were articulate i ces available tofor atthe municipallevel employed be - 077, commonly referred to as the 'Streets' By the existing 'Streets' By Law and its current and future M atter (PM atter report in partnership with PHS staff, are the result. result. the PHS are staff, with partnership in report - Law at the municipal municipal the control level at

(HPAQ) is(HPAQ) groun 2.5 BOH ) and Fugitive Dust. The report also also The report Dust.Fugitive and Appendix - ). The). report will also examine an laws couldlaws based be onbot the the to explore also directed A Streets By Law Review and Review Law By Streets ded onbot to Report chieving increased . For example, Page BOH14018 hof these - law and 3 of h the the h the the 40

Page3 continue to be important indicators of air quality and ongoing scientific research and scientific important to be indicators ofongoing quality hascontinue confirmedth air at oricontaminants historic have PM ozone and Effects Health ( number Services ona Health Public of lead chosen recommendations the the proposed Hamilton by campaign. the It of Idling education is 'home' Air alsothe Quality Task Force (AQTF) and will be community engagement anumber for funder and a is of successfulindustry, educational initiatives, for example Anti an locallythe lead government, of levels citizens. collaboration which meets the preceding criteria and hasand earned standing long a for reputation taking three all academia scientific evidence and best management practices.Hamilton Air Clean including organizations, stakeholders, of group available staff efficacious Air Quality Management plan is collaboration and critical. resources is indicators to revise the plan as necessary thus an Quality Management plan should be revisited periodically to determine if the goals are ac develop secondly, t government to improve air quality will depend on two critical variables. According to literature, the the of timesconcentrations)and local and ability of (generatedvarious pollution at location, air thoseA orwithin In boundaries. moving any pollutants contained focuses meteorological, boundariesand most and political importantly geographic, air onthe extremely tool for improved valuable qual air achieving quality air which comprehensive ofan A plan anbe management concept the Airshed utilizes can PHS is to firsthe step ) staff and accepted by BOH members in the December 2013 report. focused and targeted and focused prioritiz on quality Cleanair concerns. Air Hamilton

ginally regulated in Canada as “criteria pollutants,” over 30 years ago. They identify identify e the level of community concern concern community of level the e The ability of municipal the the by ability limited to be respondgovernment The will and inventory varie inventory and ally been regulated in North Ameri Another major. Another and critical for component the of an development

strategies evaluation component with a measureable set of of set measureable a with component evaluation Optimu Air regulation. The and Air mitigation for prevention, d pollutant sources within the A the within sources pollutant d m decisions would be grounded in the latest the in grounded be decisions would m ity within municipalities. A An for Finally,the each. municipality must among a comprehensive and diverse diverse and comprehensive a among has a long history long hasof a community also Appendix c a. They are two of the air irshed there are multiple sources is a multi is a A

to Report -stakeholder irshed irshed Page has irshed has BOH14018 hieved and hieved and and and 4 of 40 -

Page4 aims to achieve a reduction in the which of approach health particulate matter below effects new concentration This donot occur. for new PM a approach has introduced for (2008/50/EC) and Directive Europe Air Quality Cleaner Air Union’s (EU’s) Ambient European The alsoaffected. shownare humansthatagricultural Beyond itcrops, has been forests, plants and of Research on Cancer (IARC), a division of WHO classified PM as acarci consensus.' InAgency International the Octoberof 2013 gain would a manner in which components different sulphate and nitrate. Although all com as measured matter particulate including of PM2.5, components to all equally apply should coefficient recommended ta toxicity of their differterms thoughthesein components fromther may and sulphate, ano one PM that (WHO) Organization position It oxides. nitrogen Health of isWorld gases, suchthe as sulphurthe and secondary PM results from aseries of chemical and physical reactions involving different precursor form emissions the particle and at in emitted formation the formation. source of Primary PM is depending onthe processes compounds duringitsclassified asor primary and secondary involved may to EPA the be solid in PMparticles orform, according liquid consistsand of airborne composition. chemical and size opposed toof source PM or a composition yet of health the Many findingsidentified. in research are based on PM as measured by mass as medical conditions) will be more vulnerable and at greater risk. No safe level of exposure has been associated with asthma and lung cancer. Sensitive populations (elderly, ch especially days. pollution death premature duringhigh PM fine Long -term is exposureto also cardiovas Airborne Particulate Matter (PM2.5 or less) penetrates deeply into the respiratory system with both of forreduction exposures argument and management health or Fine Respirable to these pollutants. effects are at levels that most Canadians frequentl estimates population. the in concentration mortality pollution the these In with addition, associated even at comparatively low concentrations, these air contaminants are associated with morbidity and king a'precautionary stance' the WHO has stated, in the ' cular and respiratory and cular The result consequences. hospital admissions is increased and

2.5 is a complex and possibly and interactingcomponents, mixtureof many including iscomplex a ponents do not have the same toxicity there is existing evidence to quantify to quantify evidence existing is there toxicity same the have not ponents do overall exposure of the population to PM to population the of exposure overall 2.5 in recognition of evidence suggesting ofis thatthere evidence noclear recognition in irborne particles differ greatly from place to place in y encounter.y public Thus, iscompelling there a absence of clear evidence to the contrary the evidencethe contrary of clear to the absence Appendix ildren, pre- A nogen to humans. to

2.5 Report , based on the onthe based existing Page BOH14018 5 , of 40

Page5 abrasion from all vehicles. There are heavy and goodsg vehicles jurisdiction discussed to be report). monitor the in later (to Department of C Development the on behalf developers SubdivisionAgreement by signed Registered and Planning the Economic with existing under the fall norresponsibility ‘Streets’ would but of MLE the part of law be by a would important to note that particulate matter arising from new developments are neither the Law number of (MLE) departments,between a corporate includingEnforcement Municipal taken the lead in apolicy revi responsibilities accompanied terms in tools currenttemplate the of corporate regulatory departments must and reflect ofnot Hamilton. are City –the entitie Municipalities body static but organic ofnot itthewritten priorreferences Hamilton since to amalgamation Region current municipal responsidesignated procedures and policies within termsAll in their historicalcontext of must both analyzed be By Streets laws and other Best Management Practices (BMP) control e to utilities, wholesale/retail trade, and service. Many municipalities have utilized both the power of by industrial mining, sectors: following the transportation construction, agricultural, manufacturing, and dust fugitive traffic Theburning. sources main of PM sources non-exhaust emissions),residential small- and and exhaust transport, off-road The geographically in concentrations Sourcesreducing at aimed policy thatgreater benefitsfromconcept obtained a be could major sources of primary PM primary of sources major

- Law Review ( Review Law , although frequent and high levelsfrom high of and act dust often frequent particles originate although , bility and assigned departmental enforcement. The existing By Law- #86 Hamilton By Hamilton oods vehicles), together with tyre wear, brake wear and road surface Currently, the Strategic the . Currently, Planning ew of St the ew update and 2.5 multiple activities which have the potential to generate generate to potential the have which activities multiple

are combustion in the energy industries, energy the in combustion transport road (bothare 2.5 - - #86 Law are exhaust emissions from dieselvehicles (cars, light ity of Hamilton ity 077 reets response a By has coordinated and Law general reduction in exposure than by a a by than exposure in reduction general and thus, would fall undertheir thus, fall and would missionsfromthese activities. Appendix Department - limited “hot spots”. spots”. “hot limited A Public Works Public has , of s and municipal municipal s and to Report scale waste Page

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Page6 have consequences. potential could health and airborne tracking) Tracked or owner occupant. to the expense the bill and issue the rectify and/or Within both‘highway’. of right the these tocompliance sections ‘force’ by the MLEwith has (specifically Sections 9 additions, The etc. section most to likely have a horticultural film productions), events(including or special maintenance for closure of ‘streets’ traffic (vehicle and pedestrian). For example, the text outlines measures to be taken for temporary of street/roadcondition the a focus with secondary unobstructed’ ‘proper onthe and of flow public Analys Department At present, Municipal Law Enforcement (MLE) within the working review copy: “ potentially will ‘morph’ into anew street ‘aesthetic’ By Law. As one reviewer commented in the municipal structure. The remainder will either contain afew very specific unassigned duties or departments/representatives, the document will be much thinner responsibilitiesspecific and forcompleted functions/structuresassignedto more appropriate structure. current the organizational has been Thus, author thatonce this review it is of opinion the developed which deals specifically with snow removal and adheres to current departmental laws. by more and and direction newer appropriate, by For example, anew by sections lawMany ofby existing the will be (or have already been) repealed, re public. control tool to reduce particulatequality matter airborne thus and MIEH/PHS education utilizing as their tool primary followed enforce by is passive since byinvestig law is revealed the primary directive of the by from sites activities other building human and the have potential become toand ‘dry’ (PED) is(PED) assigned undertook an analysis of the by law of by analysis the undertook an from ahealth perspective as to its utility as an air & 14) either from building or other activities which occur upon a ‘street’ or ‘street’ upona occur or which other activities building from 14) either & What if anything should there be in the Streets By the there in be should anything if What

ations are complaint driven. respond By officers to complaints law primary responsibilityprimary for of enforcement the by secondary health impact deals with ‘Fouling’ ‘Fouling’ with deals impact health secondary - law is largely ‘aesthetic’ focusing on the visual Planning and EconomicDevelopment and Planning Appendix , and more reflective of the current ment (issuing tickets) if necessary. , , -law”. improve the health of the health the improve general

A to - law has already been written, and replaced Report - law. law. materials Page Enforcement BOH14018 7 (mud of - law 40 -

Page7 (BMP) which focus activities for quality. air improving these ofManagement onreduction PM and collection and highway construction. Manymunicipalities have advocated Best Practices for purpose the similar substanceof to highway the or winter highway maintenance, waste or salt sand and of mixture salt, a of ‘sand, application the in vehicles involved Municipal including by and direction laws. lawWithin by existing the a number of corporate activities are also exempt law will be (or have already been) repealed, re an array of Municipal tools and Best Practices which are formed from the latest scientific scientific represent to latest the person staff from a formed are delegating be which will Practices Services Best and reducing appro in tools knowledge, Municipal of array an by- questionthe remains:“ ticket are drastically smaller. It would appear the ‘Streets’ by law is largely underutilized. However, number of which complaints fail to be resol Ci onthis the public issue, of concerns the general the terms thisin equating data of To contextualize by- following the provided statistics number onthe of annual complaints received regarding the ‘Streets’ is illegalmud tracking and describes process the fora lodging complaint. MLE staff generously Thefor ‘Caring City Our St focuses on‘mudtracking’. only carcasses, MLE has developed an updated information sheet (posted) the City on website which by the Although Ultimately, it is recomm is it Ultimately, ty ofNoisety By Control Hamilton L law was created prior to amalgamation. Many sections of the cumbersome and largely law:

levels of airborne PM. airborne of levels - law referslaw activitiesmany from to littering, filth, distributing handbills animal and priate to the City of Hamilton A Hamilton of City the to priate C ould the by ended that health concerns would be better served by developing developing by served better be would concerns health that ended Year Year 2013 2012 2010 2011

-law have utility as ahealth policy tool aw averages over 2,000 complaints in any given year. The

# of Complaints # of As a result of this project Hamilton Public Health Health Public Hamilton project this of result a As ved byved to education and which an officer would issue a - written, and replaced by newer and mor 251 185 211 171

irshed concerns, and are more are and concerns, irshed

reets the Health Protection division division Protection Health the ‘ Appendix

information sheet informs sheet public the information ?” As earlier, noted the existing A to Report Page e appropriate, e BOH14018

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Page8 construction to control PM and Fugitive Dust. Dust. Fugitive and PM control to construction offerin recover costs. final A option is order in to tothroughagreement. courtfor follow with proceedings City the the will work the enable City charge costs the standing the does and notowner comply through 'clean work up' Best with agreement the to comply Practice take Through place. will inspection an EconomicDevelopment and and terms the to Planning of Information schedules forContact but maintenance site cleaning issues/concerns contain sites not to only post developers requiring ondevelopment by signs which pastthe year, have refined their process to increase accessib intentof the over continualWith of improvement services, EconomicDevelopment, and Planning of developerHamilton the (owner) to by City required the . debris, acce soils and debris into watercourses or the City’s storm sewer system. The agreement also refers to by the employed contractor soils to maintain onconstructions migration the prevent and of sites methods detailing plan siltation control approvals and erosion isof an engineering to the submit Into this, component for addition a approval. plan review and street a cleaning City submit to the dust and controlS in mud tracking City’s Municipal By agreement i.e. infill home construction or commercial site plan applications; are enforced by the between the developer and th mud todustSubdivision enforce and controlRegistered ability throughthe tracking A a The ofhas office Hamilton. City the development within commercial subdivisionsresidential and of GrowthConstruction the ManagementD Section the with Consultation Planning and Economic (PED) DepartmentDevelopment t revealed Sub Development Economic and Planning review law by ‘Streets’ g a health pers health a g ptable road access, burningof garbage, street required and cleaning. securityA deposit is Hamilton Public Health Services could potentially collaborate with PED by by PED with collaborate potentially could Services Health Public Hamilton - Law division.TheEnforcement registered p ective ective who will offer offer will who e City. Any issues sites City. thise by onbuilding thatoccur not governed based on on based ection 3.06. As per this agreement, the developer is required to a health perspective during the By Law process. process. Law By the during perspective health a scientific scientific - Division Agreement Agreement Division

evidence of the the of evidence ivision s standards can be required and if the s and required standardsbe can ility forility public the regards with to Appendix administers the development ofadministers new development the . Complaints can also be referred subdivision agreement deals subdivision agreement latest Best Practices in in Practices Best latest

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Page9 dependency on single occupancy vehicle travel. many of theinfluence contributefactors which to poor quality air by the reducing societal economic developmentgreen transportation zones, infrastructure, etc. to neighbourhood. beregional It lens can the to filter densitypolicy, development urban the of develo Planning develo policy and review the of air pollutants, atlow even levels, report given the wide range of comprehensive and scientific evidence as to the health consequences the on in impact earlier emissions. an air turn in transportation, ofhave As which mentioned all infrastructure impact an ondevelopment, Since planning community. decisionsthe have use and balancing use perspective both land economic andconcerns for comprehensive allows health a for to recognise be quality governments air concerns can thei in hospitals can be powerful regulatory tools. A recommended best management practice for local terms in use powers, especially land as sensitiveschoolsand receptors and such of siting near air. legislation. or federal zoning stringent requirementsprovincial existing Municipal than or additional improved achieving educa policies, available to any municipalitygiven dependwill on the provincial enabling legislation. issues. Many of these options are available to municipalities in general but the specific tools economy usedand to green across are stimulategrowthof the address a and country the quality air at the municipallevel. already There number ofwhich exist a options are available municipalities in The following section of the report will review a variety of potential 'tools' which can be employed E LiteratureA and Policy Review of Available Municipal Air Quality nforcement Tools ment. An official plan can provide guidance for municipal decisions at for guidance provide municipal official can An pment. plan

is a visible articulation of a community's goals and expectations for and future goals community's of its a articulation is visible a pment and program initiatives directed to air quality. air to directed initiatives program and pment

tion, incentives and outreach can all complement/support by laws in in laws by complement/support all can outreach and incentives tion, application of scientific findings findings scientific of application

The Municipal Act (2001) governments Act forThe allows Municipal local to set more Hamilton Public Health Services can play a unique role in in role unique a play can Services Health Public Hamilton

and suggestions for application within within application for suggestions and r Official Community Plans Appendix

A to Land Report - use p use

many tiers from from tiers many Page Municipal Municipal since this this since BOH14018 lanning canlanning 10 of 40

Page10 • • • • could of requested following: potentially orthe be A developer all any to prepare local onthe development Airshed. informas schools The or parks). can include ontransportation and (such details community facilities patternsto proximity public and impact of the anticipated the orinformation developmentproposed onthe regarding activity approval information.” as information“development candefined Development be approval Permits (DAP Approval available to local governments is permit.toolDevelopment the Another potentially to issue terms the controlpermit, identifiesand a Development obtain conditions requirements the of and to Permits Approval Development thus increasing land walkability. mixed use include sensitive receptors li shield used to be also It can quality. air poor subjectto poor and are dispersion which areas purpose powers. Zoning of zoning the can be used strategically to protect ‘sensitive’ or ‘vulnerable’ industriesi communities, between neighbours and for example, an in Since way. air develops appropriate community ispotential pollution a sourcemajor of conflict purpose Zoning modelled changes in traffic and the impacts of those changes on local airquality. local on of thosechanges and impacts the traffic changes in modelled information on different available methods for mitigating air emissions; uses; sensitive specific on or generally of emissions impacts health of the assessment an o development proposed of the effect the to demonstrate modeling dispersion of zoning isof to zoning avoid conflicts between incompatible uses of property to ensureand that the is use fundamental setthroughout the for A land of municipality. the rules determine ke hospitals and schools. Zoning can be used to promote developments that developments used to be promote can schools. Zoning and hospitals ke ) where local government can require potential developers can localpotential government require where to) provide ation can then be utilized to forecast the impact o (DAP’s)

Appendix n many ways it goes directly to the n ambient ambient n air quality; A

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Page11 have proven to be very successful over time or on atemporary ‘shift’ basis. Although initially there may be resistance to these strategies many more modes sustainable of transport roa to take is congested, in particular during peak times. In these cases the only way to provide more space for The greatest challenge is presented in cities or areas of cities where road conditions are already move in delays Traffic through community. costs congestion toeconomy increased local alsocontributes for the sense unacceptableof levels weakened neighbourhood poorofa the in quality, air noisewithin and residents Heavy environment. the and reliance of citizens. health onthe The fosters modesmunicipality impact direct of a transportation a have Traffic Control and congestions are key issues affecting subsequently,health quality the and of air Transportation to prioritize candidates supportingwilling pollution/environmentaland platforms. political social by individual the levelstructural butthe at alsoat applying level changes pressure onothers of power the emissions. air successfully aware to be reducing Individuals need toimplement foundation necessary to endorse and execute an action plan. Raising awareness is critical to municipalities with critical tools. and powerful For most are consultation public and outreach Education, example of Best Practices. purchasing F For ‘Green’ example, torefined direct by of power municipal the governments lead purchasing the to fosterand growth sustainable corporate policies and best practices. For example, ec govern Municipal ment. ment.

air quality management plans, public education is described as acore strategy or ment can be aleaderment

and an example to example citizensof an through and development the . onvehic d space from private cars ular traffic ular leets. Appendix o-procurement policies can be o-procurement be can policies , especially sole occupancy A , either, permanent ona to Report Page BOH14018 12 results results of 40

Page12 program has also grown since its implementation. its implementation. program since has alsogrown operational hours, finally an increased use of alternative transport vehicles. Public acceptance of the decreased visits to ( percent during 18 by within zone reduced charging city hours the were levels In City boththe in its declined center. oftraffic operation first have pollution year increased to and reduced due congestion,air have accidents and has bus improved, service transit bustraffic improved ta congestion, and without controversy implemented program the was problems,has major substantiallyreduced and charging zone against adatabase of motorists who have paid the fee. Despite considerable automated through an system charged improvements. that The tollis checks vehicles entering the order in core into city traffic the congestionto for reduce raiserevenues and transport the for 2003 daily February fee a ofvehiclesSince London,has private England charged driving City England London, Studies Case transit in aco transitpublic improvements. Literature suggestst public transit, decreasing smog levels and the plan can be cost recovery which is then re charging tollsFor shift towards example, centers can fortransport choices into entry municipal been highly successful in European cities by creating 'car free' spaces and re application The citizens theenvironment. and individual local of traffic ‘evaporation’ schemes has for healthy manner for a in plan of comprehensive people of goodssake both the a and ‘moving’ Thus, mustapplication there commitmentto development the and a be all. for congestion traffic of negative in reduction would there a be health sly simultaneou vehicles and private own determinants of health perspective. If successful, accessibility is increased for those who do not schemes alignment in be a social ‘evaporation’ would PHS terms with in ofTraffic utilizing http://www.citymayors.com/report/congestion_charge.html -ordinated manner combined with education i with combined -ordinated manner the zone, transfers to public transport, car-sharing, and increased travel outside of transfers travel increased zone, the and transport,car-sharing, to public

xi service, and is generating revenues. Vehicle traffic speeds he plan must plan he involveall alternative forms of n order to achieve success. ) and the reduction the ) and attributed to was Appendix A -energizing communities. to Report Page consequences -invested in BOH14018 13 of 40

Page13 bicycle facilities. used for being infrastructure,7%. road Revenuesfrom are transit, and pedestrian tolls the public and non-toll traff period toll periods while by 10% during result traffic As inbound tolltoring. the a has enter declined ofa tolls, Trondheim’s to “tollsurround implemented area. a area downtown 140,000 ring” vehicles City’s the must All pay toll systems In in place. 1991,Trondheim –Norway’s third largest city with a populat their system. Three of Norway’s major urban centers road Bergen–have and –Trondheim, Oslo, Norway’s success with Counciladopting contributingfactorLondon major in tolls road City a was Norway strategicallyby parkinglocating facilities. investmentservices ride” supported and heavy “park in to access by improve to transit the network were supportforsystem. initiatives and thus transit the These perception public’s the improving connections easier and more pleasant. Transit operators are rewarded for making better connections specific types of trips, creating acapacity to deliver real focused 1998) on in (approved Transportation Plan door-improving system.transit efficiencies onimproving transit their in existing The ridership Helsinki focusing by tolow- encourage for opted pragmatic approach Finland, Planners a Helsinki, in Finland

ic has increased by 9% and weekday bus use has increased by

-time information to riders, making and Appendix to -door transport times for transport times-door A to Report density residential Page ion ofion about BOH14018 14 of 40

Page14 during construction. Emissions can vary substantially from day to day, depending ofduring construction. substantiallyfromto Emissions day, level vary onthe day can earth and demolition, clearing, and preparation duringthe moving), (e.g. occur land of land the activity. Emissions forThemust potential each of dust dust assessedfor be emissions tocan air • trackout. • construction; and • earthworks; • demolition; health. These are: into four basic set of activities carrying varied impacts duration). divided and and onconstruction categorized magnitude Activities (nature, sites be can level the of construction and being ofworked, related land be to area the operations activity will utilities, wholesale/retail trade, and service. The quantity of dust construction from emitted industrial mining, sectors: following the transportation construction, agricultural, manufacturing, and There are multiple activities which have the pot problems. health human general requirements not to allow dust to escape from aproperty in away that is likely to cause during quality lotair issued sweeping advisory an parking as well as city, the by some introducing roads and lotsroad orprohibits suppressingsweeping parking liquids. todust It use appropriate also for alocal government bylaw. For example, Prince George’s Air Bylaw Clean that the same issues arise for private land owners an rise to emissions. thatgive managementmunicipalities’ ofTo roadsother extent practices the and Environment has suggested aseries of best management practices for dust which can guide The BCMinistry construction other activities. and ofdust the roads, cleaning, from road municipalities have implemented by laws and other Best Management Practices (BMP) to control Fugitive Dust (FG) can be amajor source of different types of particulate matter. Many Fugitive Control Dust

ential to fugitive generate dust, including activities in d operators, the BMPs could alsoformd operators, basis the BMPs the could on air quality and human vegetation and and quality onair Appendix A requires anyone requires anyone to Report Page BOH14018 15 of 40

Page15 site plan ma plan site site plan; properA facility potential must facility dust fugitive a all identify emission contain sources; either orsites. of medium high low, assessment risk the must b evaluation site proposed including demolition, constructionall site construction cleaning, activities, and phases. A exposure. control strategies human as central other emissions forand dust ultimately, controlling and may be subject to Best Practice Guidance. The guidelines follow three basic hierarchical principles developments authority from new local approval the planning In all UK the planning thatrequire UK the in Development and Planning C U.K. th dust activities suspendable methods mitigation of some All combination project. for dust fugitive include after any for implemented and dust during, be before, the activity will durationof the generating Dust dust the feasibility. dustdescribe Plansthe Control identify and control measures sources that ontechnological of based control technologythatis reasonably economic available, application and the fugitive dust emissions to the lowest level that a particular source is capable reduce thatisto significantly designed program operating an is program control dust fugitive A measuresmitigation applied. from the originating site. The scale of these impacts onto ground.Ifto local get roads,open mud is some allowed at distance dust occur emissions can vehicles emissionsroad the site and from plant roads resultout)temporary (track over and moving specific the conditions. proportion and operationsactivity, weather large of the undertaken, A being ase Study ase 1. Prevention 2) Suppression 3) Containment. 3) Suppression 2) Prevention 1. p; contain data on daily traffic volumes; assign dust control methods including frequency including methods assigncontrol dust traffic volumes; ondaily data contain p; at suspend it. it. suspend at

, preventing its deposit, stabilizing it, enclosing it, and reducing the the reducing and it, enclosing it, stabilizing deposit, its preventing e conducted prior to work activities and mitigation measures are attached to

depends on the dust onthe depends suppressionother and Air Quality impact evaluations apply to evaluations apply impact Quality Air Appendix A to reducing reducing of achieving by the Report Page BOH14018 16 of 40

Page16 aggregate manner for education and awareness to both industry participants and the the and participants a industry include to w both to HIEA Results extended within be awareness HIEA. of and Practices potentially and members could education Plans public. for pilot currently the consultation general not manner PHS Management with industries Dust preliminary aggregate of a scope Fugitive of collaboration conducted wider In has survey possible members. researcher a MIEH regarding the project this with of result a As to survive. need animals Particles that settle on soil and water can alter the nutrient and chemical balance that plants and Studies also show that fugitive dust and PM negatively impact natural habitats and ecosystems. of pollution, which air environment. all endangerhealththe both human and further exacerbate of fugitive abundance an dust met and natural sources, including heavy industrial areas where you have a clustering of industrial facilities, transportation infrastructure of particles.movement Vegetation strategies have been successfully applied in Michigan, USA in airborne particulates, reducing local temperature variab or suppressinglevels dust.blocking reduce ofdust Itfilteringthe fugitive absorbing and the can by supplementcan Vegetation other shorter- use practice that can assi V Vegetation complementary to the size of the stockpile as barriers. fences basis erect must and or monitor daily use windbreakers recordand ona of application; egetation can be a useful mitigation tool for FG. It can be both apractical and cost effective land the Hamilton Industrial Environmental Association (HIEA) Technical (HIEA) Association Environmental Industrial Hamilton the

st in suppressing airborne particulates, which ul which suppressing in st particulates, airborne mechanical solutions thatare more focused mechanical term on ility, and blocking and ility, wind the reducing Appendix eorological processes that can timately improves air quality. A ould be shared in an an in shared be ould to Report

Committee Committee Page BOH14018 17 of 40

Page17 to inform mitigation strategies. strategies. to informmitigation withmonitoring data the of continuouslygoal updating information mobile by sources potential complemented process for critical as a mapping dispersions modelling mu City Q ofAir based a development comme the data gathered will assist the in id and2014 concludein 2015, at which HPHS time staff report the will findings to BOH members and staff recommendation the at December 2013meeting (BOH#13029). implemented be will in It this members approved key Health Board of of for Hamilton. Airshed model City procure an the the Health Public Hamilton as aServices member leading of Clean Air H • • • As stated earlier in the report evidence suggests each municipality must: conducted and directives, education campaigns.public quality onlocal air research, policy supported corporate lead and developed pilotprojects, created Clean Air 2020and Hamilton In forbothrecommendations Vision Hamilton action. historically created some form of advisory committee or implementation early beginningthe in to mid quality, initiatives history long ofto a municipal address applying Toronto poor have air Hamilton and - of Hamilton City nicipal tools and strategies to monitor and improve air quality. There is evidence to support to support There is evidence quality. air to monitor improve tools strategies and and nicipal Air Quality Task Force rcial, industrial,rcial, transportation, hopefully, etc.) and and prioritize,and in public consultation with their review their sources/concerns, pollutant inventory major their and first identify available resources, resources, available Initiatives A/Q of Inventory

(20

13) has begun this 13) has begun - 1990s uality uality entification of air pollution e of pollution air entification . Many municipalities in southern in Ontario municipalities have Many . Management Plan which citizens a set of strategic practices. set a practices. of strategic citizens

process in collaboration with stakeholder with collaboration in process Appendix become the t become foundationfor and and ensuring map the is current missionssector (residential, by

amilton will will appropriate the outline

structure to develop A to

Report , specifically through Page have taken the BOH14018 18 of s to s to 40 he he

Page18 minutes in a sixty a in minutes tool.The prohibits byenforcement fromof law motorexcess in consecutive three vehicles idling the ofand within Hamilton Idling of City thus Vehicles is available as amunicipal air quality currentlyHamilton anti an has Anti orderfugitive in to burningand regulate open dust conditionsmunicipality the sanitary in control. of maintenance protection,the the and toofauthority regulate promotion, health or preservation The preambleconsideration. toPrince George’s important an is health public on effects its and bylaw for the need views the on their that simply government; law by being proposed the over hasMOH board veto or health the considered by the local the is where toThis such addresspollution. goal as air law concern, doesthatthe not imply health a Medical the with Health Officer (MOH) orthe regional health board before the enactment of aby For Task recommendation contained a within Quality Air forward.the Thisisgoing already collaboration othersubstances, pollutant PM), levels and thus, even low at and Ozone, suggest Best Practices of comprehensive and scientific evidencethese as to the consequences ofhealth PM fine (in particular of co to many Developing in reviewing the Official Plan from health a perspective to important be Public Health Services has acrucial role to play by partnering with Planning and Economicperspective would It unique and 'table'. the valuable to a offer invited if pro and initiatives, departments specific in already focused on air quality as either aprimary or secondary goal bri A i ti ce a - tives. Idling By Idling ef inventory of work already in progress in Hamilton reveals a number of departments are e ding with new strategies in order to maximize l maximize to order in strategies new with ding ce (A As the leading organization for public health in the City the in health public for organization leading the As QTF) (BOH December 2013). For 2013). e December QTF) (BOH - Law 07- Law -minute period. There are a number the a by -minute There period. are ofowned (usually motor vehicles 160 - by law idling by (By - Clean Air Bylaw Air Clean Law 07 xample, in B xample, - 160) imited resources. resources. imited , which, Appendix PHS staff. PHS can offer awide range local government .C. local , refers , prohibits unnecessary the mplete this inventory before before inventory this mplete

of policy, and programming to the municipality’s to the ,

A HPHS can partner with with partner can HPHS to

Report Page s must consult BOH14018 19 of

Page19 providers who are the decision makers in terms of service location. The current decision the providers are makers terms who in service trend towards of big educationfrom on time, 'buy-in' citizens,dependent care and businesses health and (stores, banks) streets “complete reportThe final of workshop the recommended apolicy directive toward the development of comprehensiveness of service delivery. transit public is that City the use is low which affects bus capacity and ultimately the theiraround transport lives sole notorganized vehicular will resolved. easily be The challen has of who mode transportation. aging ofpopulation for a choosing in an The individuals challenge The options increase. of finding primary workshop will the that was decreased the with for or usage, transportationconjunction quasi-public need public motor vehicle individual citizens compromised in 'ages'and mobility population Hamilton the experience currently exist and those which can be anticipated with respect to transp experts providers opportunities service community toand advocates, discusschallenges the that and The todecision- purposeadults was bringolder with together of workshop the hostedtransportationIn a CouncilonAging 2012the Hamilton workshop seniors with Hamilton. in Seniors of Needs Transportation Initiatives Transportation efforts. of their need for a renewal be there may and campaign education In evidence. scientific the on pastbased Clean Air Hamilton and member organizations have taken the lead i reviewhealth the could PHS For impact example, improvements. 'Streets' the for processto enacted the (similar law by existing of the usage reviewcurrent the staff could MLE with collaboration for limitedaccount resources in zones. development the of considering “no-idling” by staff PHS bus a tostanding by monitor idlingtimes allowed, research suggest laws. drafting by consider theirwhen constraints For example, instead of an enforcement officer to ality municip are situations/activitiescorporation)exempt. which and It for is each important consider its impact as an air quality enforcement tool and if if suggestnecessary any tool and enforcement air quality an as impact its and consider project) law by ” and incre and asedThe report usetransit. of suggested public success be would

of idling zones versus zones anti of idling

Appendix icacious be eff s more may it and 'convenience' ortation in the future. the in As ortation A to makers, academics was akey variable idling time allotments -idling Report Page BOH14018 20 ge for for ge n an of 40

Page20 (BOH #14017) with the following recommendations: report evaluation the Dr. tocomprehensive Tranh BOHonJune16th plan. presented members fora form with urban incentives implementation mechanisms alsorequire and along compact and sector. thatencourage Policies private the municipalities infrastructureby proposals local and development of formoutcome numerous onindividual Urban decisions is made cumulative the disea relationshipto chronic transportation terms in their critical builtenvironment the and of recently collaborated with other Medical Officers on areport investigating the importance of public Dr. Nin Tranh, Associate Medical Offi Disease toChronic Relationship the and Transportation pass. monthly regular 8 per The program expanded to Mohawk and Redeemer in recent years. Currently, students $126.15 pay Full their institutionalstructure. fee transit pass annual post-secondary an (UPass) toas institutionspart offerof Hamilton in students single occupancy vehicles and U-Passstudents lower providing forreducing cost toand Program transportation include access pass transit all access an fare, and reduced provides a student with Columbia U The Rail Street Hamilton part of of driversadultsalsorecommended. older abilities was toand needs the awareness campaign designed to improve its brand image and increase usage. More sensitivity on the Railway ridership Street and the with image Hamilton ( reportotherthe in jurisdictionsTransit refers thatLight Rapid (LRT) to evidence from storesbox neighbourhoods ofconfounds centralization services away this and Finally, effort. (a) That the Board of Health endorse the report Improving Health by Design in the Greater the Toronto in Design by Health reportImproving the ofendorse Health Board the That (a) -month school year for unlimited use of the HSR. The fee is calculated is-month forThe fee usecalculated of schoolunlimited as year HSR. the 145%of cost the of a -Pass program adopted by both Frazer Simon by University-Pass the adopted and University of British program way (UPass) Program (UPass) way congestion. - time McMasterstudents first negotiated their UPass in 1996. Hamilton Public Health Services, Health Public Hamilton for (AMOH) Health of cer Hamilton Street Railway currently has an agreement with

HSR). The HSR might The HSR fromHSR). benefit public a

Appendix . The. goals of the A to Report would help both help would Page mandatory mandatory BOH14018 Hamilton -Hamilton 21 se. se. of 40

Page21 The motion canfoundServices. be below: City the in toinitiative supportHamilton an such Merulla (ItemCouncilor 9.1) atthe March 17,2014 Board of Healthmeeting for of the City implemented schoolsprogram.A the 100 schools.around have motion passed Inwas by Ontario, the youth, and A&SRTSchildren program aimsquality to air lessenimprove traffic and congestion with fores zones schools,icl around school. Thenoidling veh and program includes bus drop-off zones use the program modes of isnational transportation(A&SRTS) of encouraging a active from to and regular daily physical activity and to reduce their behaviours. Safe and to Routes School The Active for transportation of easiest one the ways students forUsing active is school the journey to ge young of among peopleto exercise.Obesity health unhealthy ismajor due dietconcern a lack and Transportation School

Area, and support in principle the funding and sustainable implementation of the Big Move, strengthening provincial (c) That Public Health Services continue to work with the City Manager’s Office, Public Works, and Planning and and Planning Works, and Public Office, Manager’s City the to work with Services continue Health Public (c) That And whereas, a number of Hamilton schools are being considered for closure resulting in larger amalgamated schools amalgamated larger in resulting for closure considered being schools are of Hamilton number a whereas, And (b) That Public Health Services work with the City Manager’s Office, Public Works, and Planning and Economic Economic and and Works, Planning Public Office, Manager’s City Services Health the work with Public That (b) Development to report back on the specific recommendations contained in the Improving Health by Design in the the in Design by theHealth in Improving contained recommendations specific the on to reportback Development Active and Sustainable School Transportation (ASST) Charter Motion (Added Item 9.1) 9.1) Item (Added Motion Charter (ASST) Transportation School Sustainable and Active Economic Development regarding transportation planning and land p -use in a safe walking distance safe walking a ofactivity among schools. physical Into promoting addition increased Whereas, schools are now the second biggest car trip generator for the morning commute in the in GTHA; commute morning for the generator trip car biggest second the now schools are Whereas, -Hamilton Area Toronto Greater report and what local actions could be implemented;

policies and integrating health i

, , as Hamilton by Health Public recommended

nto municipal planning; Appendix lanning to maximize health benefits.

A to Report Page

BOH14018 22 t of

Page22

Move, includes policy goals forthe achievement of an integrated transportation network that impacts health and quality And whereas, making a community and school groun and community a making whereas, And staff from Public Health Services and Public Works, through the existing Active and Safe Routes to School Safe Routes Activeand existing the through Works, Public Services and (b) Health Public That from staff And whereas,And the City of Hamilton’s Urban Official Metrolinx’s Plan and Regional Transportation The Plan, Big . Charter of the development the and deliberations with their Committee the directedto assist be Committee, Steering ASST charters recognizing the value of ASST and demonstrating commitment to take action in support demonstrating toin commitment action of oftake value ASST the ASSTASST and charters recognizing And whereas, reducing vehicle trips to and from school by promoting more walkable and bikeable neighbourhoods And where And And whereas, the City of Hamilton Public Health Services has been dedicated to the Active and Safe to Safe Routes Activeand to the dedicated been Services Health has Public of Hamilton City the whereas, And (a) That the Joint City/Board Relations Committee be directed to develop an Active and Sustainable School School Sustainable Activeand an directedto develop be Committee Relations City/Board Joint the That (a) Transportation Charter to support the long improves pedestrian and cyclist safety, and reduces air pollution and greenhouse gas emissions; gas greenhouse and pollution air reduces cyclist and safety, and pedestrian improves with impacts on transportation choice, community cohesion and health, and the environment; environment; the and health, and cohesion community choice, transportation on impacts with as, anumber of Ontario municipalities and school boards have recently developed and signed their own activity for better health and student performance; including Toronto,including York, Ottawa, Waterloo and School initiatives since 2000; Therefore be it resolved: resolved: Therefore it be term commitment to active and sustainable school transportation. school transportation. sustainable and to active commitment -term ds more walkable and bikeable contributes to total daily physical of life;

Appendix

A to Report Page BOH14018 23 of

Page23 Friday, August 16,2013(City Council Report, 13- the from by annually The pollution. motionaccepted air was entireprematurely Councilon City Airsheds Counci Ontario'. in of onhis based His was belief 'one was supportforthat Hamilton most the by-law the challenged General Issues Committee and it regulating PM2.5 motiona the itsat and introduced Brian McHattie precursor pollutants. Councilor Health Oakville the by- duplicate Quality Air Protection and implementation of potential the aParticulate Matter Reduction B August 1 On Monday, Air Protection Quality Health (HPAQ) (#2010- Law By OAKVILLE:

Particulate Matter Reduction By Reduction Matter Particulate particulate (i.e.,particulate PM2.5 microns size), in causing significant respiratory Whereas Hamilton has one of the more challenged airsheds in airsheds Ontario challenged more oneof the has Hamilton Whereas Reduction By Reduction and other departments as required, and how it could be adapted for a Proposed Particulate That Municipal Law Enforcement staff report back on Oakville’s on reportback staff Enforcement Law Municipal That 2, 2013 of City Hamilton Counci lors passed amotion tohave staff investigate Whereas the Town of Oakville has enacted a Particulate Matter Particulate a enacted has Town of Oakville the Whereas Whereas one of the most dangerous forms of airpollution is fine lor McHattie stated that it was estimated that 186 Hamiltonians d 186 that Hamiltonians thatestimated stated was it McHattie lor law with-law the full sanction of the Ontario Ministry of the with multiple emitters of airpollution; and passed unanimously (General Issues passed(General # unanimously Report, Committee health issu health similar Bysimilar Therefore Be It Resolved: Therefore Be Matter Reduction By- Matter Reduction es for Hamiltonians; and Environment. law in Hamilton. in -law law, with assistance from Services from Legal assistance with -law, The motion can be found below. found be below. The motion015). can

law (2010-035) which is focused on

Appendix law (Item 9.2) y-law in Hamilton which would y-law Hamiltonwould in which

A 035) to

Report

Page BOH14018 24 13- ie ie of 016). 40

Page24 established that there was no existing regulation on fine PM and precursor pollutant emissions PM was onfine established thatthere precursor and regulation no existing that pollutant 2 legislation which failed to set aregulatory standard or ambient levels for fine particulate matter (PM The stated rational referred to collectively in t pollutants’, namely substances which, when emitted into the air, produce fine particulate matter, matter of and/or facilities emissions major particulate thatproduce fine ‘precursorCouncil of by- the Inproposed summary, to council. concerns/issues raised circulated and the By Law for public review before the final version was staff undertook afollowedOakville consultation, public by arevision to relation in process and stage controls.implementing l regulatory Duringdevelopment of the Oakville by the matter (fine informationof particulate fine PM)within facilities collecting onemissionsfrom by stated By purposeLaw of HPAQ the was to protect the health of Oakville residents fromthe effects major emissions offine particulate matter Co (Town of Oakville staffOakville reported the availability of atool which effects of health assesses the controls and Protection passing the Quality Air ofWith Health (HPAQ) the (2010- By Law conducted with personnel. interview key recommendation is based on areview of Oakville Environmental Office reports/websites and an recommendation of a forcomponents, finally evaluation City the The itsof Hamilton. adaptability law, including of by its Oakville consultationprocess,of the efficacy the any public development and Quality Project' of re were Law (MLE)Enforcement Municipal staff Although duplicating the Oakville By (MIEH) of requested development the of Health review theand impact a and feasibility of HPHS l specifically, the Health Hazards Program were asked to offer ahealth perspective on the proposal. .5). A review of applicable health and air quality regulation at the provincial and federal level - enacting the Oakville PM by in Hamilton, law Hamilton Public HealthServices (HPHS), everaginge an the following sectionof offer report the backgroundof following analysis the will a the Thus, . e fore l staff the by the to develop xisting relationship consultancy McMaster the with Institute of Environment he by law by “health ashe -L aw (2010- 035) as part of current the 'Streets an Review Law By

law implements aproces - risk air pollutants”. aw was to address agap in provincial and federal delegated to report back on the feasibility feasibility onthe to report delegated back uncil Meetinguncil February 1,2010). The Appendix s for the review and by and approval s review the for A to 035) the Town of Report Page BOH14018 aw 25 d Air of 40

Page25 consultant peer review. Once the public health impact is assessed Council is responsible (withstaff appropr Approval is atransparent process where the facility application is circulated for comment to existing levels of fine p model; dispersion health includes controlsThefor application necessary. regulatory considered approval submission of: a The current facilities subject to th util exceed certain levels as established under the by or riskone more health-risk pollutantsof pollutantsair asthat health air emissions (defined of secondly, and town the facility approval gain i must of Council town the in emissions) requirementif facilityemits a atleast onehealthrisk air pollutant it must inform the The by- PM produce air the matter and/or e asparticulate pollutants fine precursor defined when pollutants which, Town the of within who emitters(proposedare existing)located ofOakville health- and b PMThe fine (Chemtrac). emissions compounds, including toxic of by-law to a report monitor of Torontoonand legislation City the toenacted 'right know' had emissions new impacts with together health conditions. Under of those ofassess PM, fine the or conce total limit ized to develop tohealth develop a riskized e risk air air -risk pproval process pproval isriskof facility the of a and impact assessmentoutline any of an health the (e) an appraisal of any measures available to reduce risks to public health. (d) an as (c) mapping of the affected airshed; (b) an evaluation of existing and predicted levels of fine particulate matter using an approved atmospheric description(a) a of the facility, allincluding sources of em law contains atwo of requirements. processtier iate agenc pollutant; pollutant;

sessment of the public health effects associated with the with major associated effects public health of the sessment ntrations of fine PM within an Airshed, evaluate existing conditions evaluate ntrations ambient of Airshed, PM fine an within ies (including the Halton Regional Health Department) and Department)ies and (includingRegional Halton the Health undergoes a articulate matter in the affected airshed; and, 2. 5 .

e by law considered law and by e e major missions database which is maintained by staff. Staff posts alist of

- law). is The is informationand submitted collected One is(unless reporting aonetime there is achange issions that may contribute to a major emission of a of a majoremission to a may contribute that issions

mitters on the town website. website. town mitters the on Appendix f it is classified asmajor a e y law affects all facilities emission, taking into account pre account into taking emission,

A to Report Page mitted into mitted BOH14018 risk air 26 mitter mitter

of - 40

Page26 • law referredThose supportof in by the to: supported by- the hundred and eighty seven (387) responses were received and the results revealed 75% (290) seven hundred two and meetings thirty- two members) the other and owners community and attended fifty ofhundredand ( coursetotal Over the ofone consultationa the business businesschosen individual owners. and associations a designated e consultationprocess of The public creation consistedthe meetings, proposed law. of public by two In the firstthree weeks of January 2010 staf Consultation Public covering aterm of one year. transition subsequentfor fordeveloped A was facilities phase continued offence. existing any for$100,000 first a offence, an would upon approval an subjecttoliable convictionofobtain fine prosecution,be toup and a emissionsactual of pollutantsFacilities major emitted. subjectto by- the approved which are Facilities must report for submit annual first the th an process. used to defray the administrative and peer review costs associated with the application approval Oak process Town of for the process nuisance.'The approval question in 'public is a iscost considered if facility a recovery the with refuse forapplication the itapproval recommendation) may approving or withoutconditions or (237) written comments were received. Thus, over arestricted time period atotal of three public health concerns health public

-mail Invitations utilizing address campaign local media. alsosent media to were a and law and and law 25% (97 reservations.) had

ville sinceville the facility d $10,000 aday for each day or part of aday that the offence

f conducted a public public a consultation processf conducted onthe a compulsory a fee of is which $25,000 requests Appendix ) individuals (both150) individuals business law that fail to report or ree years detailing the A to Report Page BOH14018 27 of 40

Page27 defin In consultation, resultsof affected, response facilities public the be staff would to which the clarified de their delay response town Others consultation. province of untilthe public the requested the frame from respondents Some concerned about locatingOakville. TransCanada in were short the time plant in Oakville. Manyresid number of proposed questionsA comments to the TransCanada’s and gas- referred • • • • • • Those with reservations referred to: • clared their intent to regulate fine particulate matter. itions w capacity to addressof applications. the capacity all the availability of enforcement capability to effectively monitor the by law and the review time/ tothe relation by-law only ineffective. industry only be it contributed, would addressedby-law fractionthatlocal the other respondents believed the 'real' source was trans levelsreducing of fine particulate matter. of goal to fail law its would by the believed accomplish primary region, matter the in thatindustry particulate is In “given notproducerof major of fact, the fine poor quality. air some mechanism or standards toensure consistency in the peer reviews. They law by the in plan. protocolsalsowantedtransparency some and for mitigation the details the confusion regarding of the by law. Respondents stressed the need for economic in competitiveness reduction a businessfield playing and requireslevel a shops.paint significant number of smaller companies affected by the by some believed it created a climate of uncertainty for for business-respondents a particular in by- the andfocused onenforcement implementation ere given increased clarity a and questioned the valuelaw questionedthe of by the and law as unnecessary cost of implementation were of Respondents benefit. cost were of implementation equal questioned ents this law questionedwhether by was astep towards stopping - respondents sure to be benefits the of wanted by- the

transition introduced business was phase to allow

believed facility emissions were only one aspect -boundary air pollution; and since the the since and pollution; air -boundary Appendix law, suc

A h shopsas body and to Report fired power power fired Page BOH14018 law in law 28 of 40

Page28 throughout community. the stewardship Town buildings, and energy fleet conservation the promoting and environment and and buildings LEED through initiatives building internal with green energy generation features, greening implementation of and actions. conservation isand town review the In to committed a addition, 'Livable Oakville' which addresses both vehicular and residential sources, as well as, energy efficiency Offthe of neighbourhoodsThe sustainable supports through town development the use the of than single modes of rather on promoting transportation alternate occupancy vehicle vehicularemissionsreducing of master through implementation plansfor the focused transportation simil air quality.Thus, with Oakville in Managementplan by- the of Quality Air the Staff acknowledged Initiative Quality Air alone stand nota Law By of emissions). emitter’s complexity operations and required for assessments (estimatedto at$5,000 over major onthe) ofthe $40,000 depending size pay upto $25,000 potentially emitters' consultation fees could 'major forplus external the additional from notexempt emitters as major fees; be thoseprecursor are who would designated pollutants but The fee schedule assessment. of dozen emitters' couple would impact 'major to considered required a conduct be health and a byroximately wouldapp reporting the who impacted and be hundred facilities law sectionof by the initial resulted Protection an estimate in Act Environmental ofpermit holders underthe afew of- of(C A Inventory thresholds.Certificateof (NPRI)screening Approval initial reporting An by- the in levels Staff requested threshold the with facilities process. staff to Currently, approval work continue collaboratively and throughout reporting the preparation time to meet the requirements. City staff made themselves available for consultation

both those affected reportingcomponents the and by approval the law. of by the operated to required asreport follows: facilities their emissions of PM fine and that fine PM is acomplex issue and an array initiatives of sectors in all are part ar to Hamilton an array of initiatives array an The toisar town Hamilton operation. in focusing on law be consistent with the National Pollutant Release

law one only ‘tool’ for local improving Appendix A to Report Page icial Plan icial BOH14018 29 of s Air) Air) . 40

Page29 outside of scope the are this report. project Legal of and Department Hamilton, requirements City the Legal Hamilton. must by considered be necessary requirement minimum in order to consider the adaptability of the Oakville by law in extensive interview with key personnel t safety for workers in smaller facilities, to name afew. Thus, based on areview of key reports and an facilities occupational sized improved medium and healthsmall and industrialin and processes for emissions in Oakville but anumber of secondary successes, in terms of assistance and successful a haveoutlined not only expressed Staff kilograms. in reportsto PM in Council reduction report staff risk by annual health of ontotal pollutants air e consists of an Evaluation challenge. respond to TransCanada’s Environmental Review Report as well as to cover resources for acourt and consulting feesconsultants spenthire Counciltofor be by onlegal to Town the toapproved additional fund was An of million collectionof$1 the monitoring air data. program and idling programs, such responsibility quality asTown’sThis the air for anti- positionother alsoassumed created by the Towntechnician to hire quality air an implementation tothe law. oversee of by the Ontario Environmental Commissioner was approximately $350,000. A one year contract was eco-submission of and an costs compilation OMBto foran legal challenge, respondingto the for general assessment and air modell documents data and retainingconsultant to develop implementation and a guidance management, quality modelers, assigning staff to carry out educa to support outreach tion law and by the effective enforcementinvolved of by- the requirements Budget status health for residents. for the level government developm staff council continue Reports').Finally, and theFederal Environment at to and advocate Provincial Management Plan with the goal of improving air quality (see 'Let holi a and Incomprehensive summary,implemented town the

according to Staff include toStaff according ent of a tri a of ent ing. The estimated budget for research, development, by law he author would he requirements a suggest are following the law, includinglaw, periodically -partite focus to air improve quality and increase new staffing budgetthat d: new and allocations stic series of ini of series stic Appendix ’s go Green', and 'State of the ’s Green', 'State go and retaining peer reviewers and air A to tiatives, Air an Quality Report Page improvement improvement missions, missions, BOH14018 30 of 40

Page30 • • • • • • • • • numberbutto ofnot ona including contingent limited variables Protection Oakville'sbe Health (HPAQ) for would By Quality potential Air Law adapting whoOakville carrythe Based on an extensive document review and lengthy consul toinclude: Requirements Minimum sector of the existence of the Economic impact of the Consideration responsib Federal and of Provincial Consideration law by to the legal OMBchallenge costs of an potential of the Consideration ' The utility of the by law as apotential tool within acomprehensive air quality management plan versus a internally law by either staff or of the externally of evaluation throughCost consultant a PM of reduction the for tool enforcement an air as quality law by of the the efficacy potential against weighed law by of the ongoingenforcement and implementation costdevelopment, of the financial and staff of the Review initiative the for support stakeholders to gauge with all consultation Public of in facilities Hamilton potentially affected Sizeable designated budget based on actual Oakville implementation costs multiplied by the increased number co all supportfrom and consensus Overwhelming stand

-alone ' project ' primary responsibility for the by law implementationprimary and law enforcement responsibility by for the

uncil members uncil i lity, as well as, the municipal responsib municipal well the as as, lity, in terms of the business and industrial industrial by and business of the law terms in tation with Key Staff Key with tation Town the in of

Appendix the following: the

A to Report i lity for airquality

Page BOH14018 31 , the the , of 40

Page31 Health members form foundation for can the Air future the in an which Management Plan. Services will then be able to present a more comprehensive set of re Health Public strategiesinitiatives. and targeted of for development the allow emission will findings Ci the for Model is Airshed procurementof the an initiative key A of Hamilton. City departments the within other collaboration in with mitigation forprograms control and policies prevention, and (AQTF)to reduce the negative health impac especially (HPHS), Services Health Public directed Hamilton by being project The partlarger reportof a is Hea Public departments and suggests number of a places for partnership collaboration amongHamilton and City of progress in and already Inventory of Hamilton work a ofwork compiling important the also begins improve air quality and ultimately, increase the health status o advisory capacity through review the of t availab of Hamilton. City the in Dust (PM)/Fugitive matter particulate airborne 'tools'to reduce of utility other availability municipal the and to explore By 'Streets' 2012 Board of Healthmeeting, to review the existing By Law 86 As Conclusion

stated the at beginning of thisreport, Public Health Services staff were directed at the S le to municipalities and the critical role toplayed be by Hamilton Public Health Services in an in in ty of Hamil ty - law and explore its potential as an air quality enforcement tool. Staff were

their leadership both in role Clean Air (CAH) the Hamilton Taskand Force Quality Air ton, currently underway. Once underway. ton, currently complete, data analysis of thesource and lth Services. he most efficacious and strategic use of resources to t of air pollutants and develop evidence based strategies, based evidence develop pollutants and t of air The report illustrates a number of potential ‘tools’ ‘tools’ of potential Thenumber report a illustrates f the Hamilton population. The report The report population. Hamilton the f Appendix - 077, commonly077, referred to as the commendations to Board of A to Report Page BOH14018 also directed corporate eptember 32

of 40

Page32 Evans, G., P. Shellard, K. Teschke http://www.ecojustice.ca/publications/reports/the-municipal-powers-report/attachment Community Health and Environmental Protection in Canada Duncan, J. (Sierra Legal) ( ‘Tools’ Quality Air Municipal Oxides, Carbon Monoxide, and Ground Level O Sulphur Nitrogen Oxides, Compounds, Organic Volatile Hydrocarbons, Aromatic Polycyclic Matter, Particulate &K. B.Ng. C. Newbold (2009) (MIEH). McMaster Hamilton, University, Ontario. Prepared for HealthServices. Hamilton Public Use of Air Pollution ModelsEpidemiological in Studies. McMaster Health Institute ofand Environment &K. B.Ng. C. Newbold (2009) Modeling Air Pollution Dispersion Concentration & the and Atmospheric EmissionsNational Inventory http://naei.defra.gov.uk/overview/ap- http://www.iarc.fr/ International Agency of Research on Cancer Organiz - Health IARC.(World Hasting Street, Vancouver, B.C. A. Gage, S.Sahaand By Air (2006) Laws Guide Clean The carcinogen http://www.cela.ca/blog/2013- to Humans Matter Carcinogenic as Particulate and Pollution Castrilli, J. Counsel F. CELA (2013) The Legaland Regulatory Implications of Classifying IARC Outdoor Air Effects Health (MIEH). McMaster(MIEH). University, Hamilton, Ontario. Prepared for Hamilton Public Health Services.

The Municipal Powers Report Municipal By Laws and Best Practices for ByBest Practices Lawsand Municipal Powers Report 2007) Municipal The Sources and Health Effects of Air Pollution: An Analysis of Total Suspended Suspended of Total Analysis Effects An Health Pollution: of Air Sources and 10- . Metro Vancouver Air the for (2014) Caring 22/legal- zone

implic .

McMaster Institute Environment of and Health

ations- . October . . Toronto, Ontario. Retrieved from Toronto,. Ontario.Retrieved , West Coast Environmental Law, West IARC . Retrieved from: Retrieved , 22. Appendix - classifying A - air to -pollution-human- ation (WHO). ation (WHO).

Report overview Page

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Page33 Hamilton Council onAging Age- Hamilton the Council and Hamilton transporta O'Connor, D. (2012) " see: http://www.zietlow.com/docs/odeck.pdf http://www.uofaweb.ualberta.ca/ipe//pdfs/TransportPaper-Brathen_Odeck.pdf with experience Norway’s tolls road For see: further on information http://www.vegvesen.no/_attachment/109072/binary/187602 Norway Toll Bergen(Road from: -Trondheim, Retrieved and Schemes). Oslo, Helsinki, Finland http://library.witpress.com/pages/PaperInfo.asp?PaperID=9560 -charging/cc-6monthson.pdf viewed be at: can London’s month 6 report http://www.citymayors.com/report/congestion_charge.html scheme): of congestion London,(Traffic UK City http://ec.europa.eu/environment/pubs/pdf/streets_people.pdf Directorate Margot Allstrom, Initiatives Quality Air and Traffic Vehicular df https://fcm.ca/Documents/reports/Building_Canadas_green_economy_the_municipal_role_EN.p Ottawa Ontario Municipalities, ofFederation Canadian www.fcm.ca from: Retrieved . Thompson, Joseph A. (2011)Building S. Canada's D.and Green Economy: The Municipal Role Air Cleaner Ministry Affairs of Municipal Housing and (2004) Building Strong Communities: for Strategies Municipal Street, Vancouver, B.C. Hasting West , Law Environmental West A. Coast Gage, S.Sahaand By Air (2006) Laws Guide, Clean The http://www.metrovancouver.org/services/air/Documents/Caring_for_the_Air-

http://www.vtpi.org/tdm/tdm35.htm tion options that meet the needs of an aging population , T General forfrom Retrieved - Environment. the General Retrieved from: http://www.mah.gov.on.ca/Page1307.aspx from: Retrieved oronto, Ontario. ( 2004) Moving away from reliance on a car: A conversation about creating integrated integrated creating about conversation A car: a on reliance from Moving away

Reclaiming City Streets for Chaos people. or of quality life? Commission European

For more general information on road pricing options information pricing on road general For more . . http://www.tfl.gov.uk/tfl/downloads/pdf/congestion Friendly Collaborative. Hamilton, Ontario ". Workshop Report, June 13. Prepared for Prepared June13. Workshop Report, ".

Appendix .

A to Report MV2014.pdf and and

Page

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Page34 The Active and Safe Program. and Routes Retrieved National The (A&SRTS) Active to from: School from: Toronto, Area. Ontario. Retrieved Hamilton Toronto Greater the By in Design (2014) Health Improving Simcoe-Muskoka, Officers Peel, GTHAToronto the in Hamilton, : of of Medical Report the Health Atmospheric EmissionsNational Inventory http://naei.defra.gov.uk/overview/ap- 978-1- Environment. of the Minister to the Advice for Canada Objectives on the (2008)Developing Table and Round Environment the Economy National Air Ambient Quality www.defra.gov.uk/environment/quality/air/ and Government; Northern in Welsh ofDepartment Environment the Ireland. Affairs; for Prepared Rural ofFood Department the Environment and Scottish Executive; Kingdom, Monks, Paul(Air et al., Quality ExpertGroup)(2 http://www.bcairquality.ca/reports/pdfs/airshedplan_provframework.pdf 7726- (2006). Prepared Paper for Discussion th Consultation Framework Elevate Consulting in association with the Sheltair Planning Airshed Group (2006) Provincial A CalgaryPapers. Edmonton, Discussion2, Paper Dance, Matthew (2010) Ambient Theof State Edmonton’s Air Quality Affairs, from: U.K.Retrieved http://uk- IndexQuality Information for Providers Data Publishers. and Rural Food of Department and Environment, E.,Connolly, et.al., (2013) EQA%20Guidelines_Final_May%202012.ashx?la=en http://www.baaqmd.gov/~/media/Files/Planning%20and%20Research/CEQA/BAAQMD%20C from: Guidelines.Quality Retrieved Bay Area Air Quality Management District CEQA(2012) Ottawa, A- Initiatives Improvement Quality Air MAPS http://www.peelregion.ca/health/resources/healthbydesign/pdf/moh-report.pdf 5605- 894737- Ontario, Canada Ontario,Canada ([email protected]) Environmental Inc. (2011). Environmental Municipal Air Quality 3 Retrieved from: Retrieved 3 15-9

Daily Air Index Quality (DAQI). on Implementation Update of the Daily Air

air.defra.gov.uk/

Fine Particulate Matter (PM2.5) in the United United the in (PM2.5) Matter 012) Particulate Fine

Ottawa, Canada. California Environmental Quality Act. Air

Information e Ministry of Environment. ISBN Ministrye 0- of Environment. Appendix . The. Edmonton Sustainability System

A www.nrtee

"A to la Report Carte" overview Page - trnee.ca BOH14018

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Page35 J. W. et.al., (1975).Roberts, J.et.al., W. Benefits Cost Dust and of Seattle's in Control Valley, Road Industrial Generation. Matter for Particulate Requirements Regulatory Air the with Dust: Fugitive (2014) Managing Quality of Department Environmental Michigan construction and demolition from of dust the on assessment Guidance (IAQM) (2014) Management Quality Institute of Air /uploads/guidance/dust_assessment.pdf Management, Quality Air London. Institute of construction, and demolition from assessment of dust the on (2014) IAQM etal Holman Guidance http://www.mfe.govt.nz Managing the Environmental Effects of Dust Emissions, for Assessingand Guide MinisterHobbs, Practice (2001)Good M.of L.Environment the (Honourable), FINAL http://health.hawaii.gov/cab/files/2013/08/Hawaii- AdministrativeHawaii www.london.gov.uk London, UK. and demolition: B construction from emissions (2006) and London Councils and controlof The dust LondonGreater Authority http://ec.europa.eu/environment/air/quality/legislation/pdf/sec_2011_0207.pdf andair quality cleaner airfor Europe suspension of particulates following winter or sanding salting of roads the under Directive on 2008/50/EC ambient Commission Paper Staff (2011) Working Establishing re guidelines for the determination of from contributions of- from: Demolition Activities. TransboundaryBranch. Retrieved forIssues Prepared Canada, Environment From Emissions of Air Cheminfo Services Inc. (2005) Reduction for Bestthe Practices www.BoulderCountyAir.org Practices. Best Management Dust Fugitive Dust of Your Control Take Health. Public Boulder County Dust Fugitive http://www.saferoutestoschool.ca/ air - https://www.yumpu.com/en/document/view/21011141/best- - emissions -8- 19- 13-1-.pdf . London, UK. Retrieved from: London,. UK. www.iaqm.co.uk Retrieved est from Practice Guidance Practice

-construction- -

Rules, Sheet Fact Dust Fugitive

ISBN 0 ISBN

European Commission, from: Retrieved . European EU. Brussels,

- 478- www.londoncouncils.gov.uk www.iaqm/wp

24038-4 . . Wellington, New Zealand. Retrieved from: , Section 11- - content content Fug - Dust Appendix March, - 60.1- Fact

-Sheet_V-2- 33. Retrieved from:33. Retrieved practices

www.michigan.gov/deq A to Construction and - A Report - for DW Guide for Guide Compliance the Page - RT -reduction- BOH14018 - BC 36 - of

40 -

Page36 http://www.toronto.ca/legdocs/municode/1184_423.pdf Toronto’s http://www.oakville.ca/assets/general%20 ByOakville Law, Town of By Oakville, Law #2010 n_Air_Bylaw_V2.pdf http://princegeorge.ca/cityhall/legislativeservices/citybylaws/Bylaw%20Documents/BL8266_Clea Prince George Clean Air By B. Law, #8266 C. Being Bylaw a to Regulate Wood Burning AppliancesAir and Quality City of Duncan, Vancouver Island, B.C. By Law # 3089 Templates Law By Engineering Center Environmental Energy and Needed Research. and knowledge of current Summary estimates: source contribution Watson, J. G. J.Chow and C. (2000) http://www.rules.utah.gov/publicat/code/r307/r307- (FDCP). Plan Control Dust Division Utah Quality: Government, Fugitive Utah ofDepartment Quality Environmental Air sier/ http://taubmancollege.umich.edu/planning/students/student_work/project_galleries/breathing_ea Website: 000000000000000000000000000000003016372/ReportFile/f http://sitemaker.umich.edu/urpoutreachreports/environment___land_use__e_/da.data/000000000 Detroit: Mitigating FugitiveDust with Vegetation in Easier Planning Urban Program Regional of(2008)Breathing University and Michigan: http://www.bcairquality.ca/reports/pdfs/roaddustbmp_june05.pdf from: from Winter Traction Materials, BCRetrieved Ministry Dust of Land Road Water, Air and Protection, to Mitigate Practices BC (2005) Best Management Journal of the Air Pollution Control Association

Environmental Reporting and Disclosure Bylaw ( - Desert Research Institute, Nevada, USA.

- R307

309-6 Reconciling Urban Fugitive Dust Emissions Inventory Ambient and . Retrieved from: Retrieved , Vol. 25,(9)., Vol. - . Michigan, USA. . Michigan,USA. Retrieved from: %20environment/HPAQB2010-

- 035 Municipal Code Chapter 423 http://www.airquality.utah.gov/ 309.htm

ugitivedustsouthwestdetroit.pdf

Appendix

A to 035.pdf ) ) Report Page

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Page37 Morkunas, Ruta, Morkunas, Ruta, http://www.hiea.org/ IndustrialAssociation (HIEA),Hami Hamilton Environmental Development, March 2013 Barnett, Kelly Coombs, Kim& 2014 Ammendolia, Carlo Hamilton Interviews Properties Roads and Lots Unpaved Parking from Resulting (2011) A. Outs Winning, Fall Dust of Hamilton. BoardCity June 16, of Health, Greater the Toronto in Design by Tran, Health Dr. N. (2014) Improving of Hamilton BoardCity 10, July of Health, Control for Dust Options Lawson, M. &M. and McKeary,(2014)Review Streets By Law http://www.cleanair.hamilton.ca/downloads/CAH%20Report%202012%20- Clean Air Hamilton (2013) Air Progress Quality 2012,Hamilton, Report Ontario. from: Retrieved Board 2, of of Hamilton. Health,December City Lawson, M., B. S.Radisic, Force MontgomeryTask Plan Action (2013) Quality Air Hamilton Reports Act Municipal Ontario Reports/Interview Municipal Local (PW11091, Public Works Committee, November of 21,City Hamilton. Business Programs Business , Growth Management Division Management Growth , 2001, S.O. 2001,c. 25,section 130\

Municipal Law Enforcement, Law Municipal , Public Works, 2013/2014 Hamilton s s , Planning and Economic Development, EconomicDevelopment, April and Planning ,

Appendix lton, Ontario, April 2014 May Planning and Economic Economic and Planning -Hamilton Area (BOH Area #14017), -Hamilton

A to Within Industrial Within %2 Report (BOH #13029), 0Final.pdf (BOH #14018), Page BOH14018

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Page38 20on%20Health%20Protection%20&%20AQ%20bylaw.pdf http://www.durhamenvironmentwatch.org/Incinerator%20Health/Oakville%20St Counci Town of Oakville http://www.oakville.ca/environment/health-protection- Page: By Web LawTown ofInformation Oakville Application and %20environment/HPAQB2 Town of By Oakville Law: http://www.oakville.ca/environment/state-of- Oakville’s State of the Environment Report, Town of Oakville from: Retrieved Oakville http://www.oakville.ca/assets/general%20 Let’s Go Green (2012) of Town Oakville InitiativesQuality Department, Policy Environmental Protection Implementation By Health and Law Air Quality for Report 2012 Annual the Protection By-Health 2010-035(HPAQB),law Air Quality Town of Oakville. Oakville Reports Toth, Cindy and Jeffrey Lee, Oakville Interviews -Clarkson Airshed AirAction and Plan Quality Pilot , Oakville Report, Community Services Committee, November 13,2013. http://www.oakville.ca/environment/oakville

l Meeting Report, February 1,2010 http://www.oakville.ca/assets/general%20 010- Environmental Policy Environmental 035.pdf

-%20environment/2012LetsGoGreen.pdf Oakville oakville

, Town of May Oakville, 29, 2014. -environment- (OCAAP) (2010), Oakville, (OCAAP) Ontario.

-clarkson air - quality.html

Appendix -airshed.html report.html -

to Report

aff%20Report% Page

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Page39 water maximize opportunities. conservation and pollution facilities and equipment, lands, for managing policies Develop - on for regulations and policies or amend Develop for wood bylaws Develop anti an Develop a road. industrial and public operation provide setbacks can structuresa buffer For example, other development. and area between an pollution air regulate to bylaw zoning the Use residences. uses incompatibleland thatavoids suchsourcesuse as polluting schools, plan near hospitals, and land develop a and to busytruck routesrelation roads. Designate transportation the in plan, network issues. quality air with for dealing policies and objectives out sets that plan community official an Develop DOCUMENTS REFERENCE OTHER City of Richmond's Environmental Purchasing ofGuide Richmond's City Prince George's Clean Air Bylaw for bylaw backyard burning offersThe Ministry B.C. municipal model of a Environment Powell River Regio communities. other Kamloops,and Gibsons, Whistler, Lake, Abbotsford, Williams Vancouver, North Idle Free BC has toconflict topollution. prevent air bylaws userelated ofappropriate zoning West Coast Environmental Law’s Clean Air Bylaws Guide policies. BC Guidelines Carein 2012: with Environmental Development Develop Rural for and Urban . Supporting Information –Air Supporting. Information Quality is akey resource and technical guidance for

Usepolicieshigh-risk with locations to flag schools) uses daycares and land (e.g. in - idling bylaw idling resources nal a Districthas - burning appliances and backyard burning. backyard and appliances burning on a number of communities that have anti-idling bylaws such anti-idling as bylaws thathave number of ona communities to minimize vehicle tocommunity. the minimize in transportation emissions includes regulations for control. dust wood-burning appliances bylaw wood-burningappliances related to to uses tied operationsrelated thatare and to control fugitive dust. fugitive to control construction site

describes opportunities the and Appendix in ways in th .

to at minimize air Report Page BOH14018 40 . of 40

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