Essex-Windsor Solid Waste Authority Regular Board Meeting Agenda

Meeting Date: Wednesday, July 10, 2019

Time: Regular Session 4:00 PM

Location: Essex County Civic & Education Centre – Room C

360 Fairview Avenue West, Essex

LIST OF BUSINESS PAGE NUMBERS

1. Call to Order

2. Declaration of Pecuniary Interest

3. Approval of the Minutes A. May 7, 2019 Regular Meeting Minutes 1-17 4. Business Arising from the Minutes

5. Correspondence There are no items for discussion.

6. Delegations There are no delegations.

7. Waste Diversion A. Municipal Hazardous or Special Waste Tender Award (To be sent under separate cover) B. Children’s Water Festival 18-19 C. Federal Announcement – Banning Single Use Plastics 20-24 D. Province Engaging a Special Advisor on Recycling and Plastic Waste 25-30

8. Finance and Administration A. 2019 Budget Approval Status 31-32 B. 2019–2020 Insurance 33-36 C. Summary of Legal Accounts 37

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9. Waste Disposal A. Leachate Hauling Tender Award 38-40 B. Waste from Outside Essex-Windsor 41-42

10. Other Items

11. By-Laws A. By-Law 9-2019 43 Being a By-Law to Authorize the Execution of an Agreement between the Essex-Windsor Solid Waste Authority and Paving Stone Ltd. for Leachate Loading and Hauling at Essex- Windsor Regional Landfill Site in the Town of Essex and Essex County Landfill 3 in the Town of Lakeshore. B. By-Law 10-2019 – MHSW Tender – To be sent under separate cover along with report for 7A. C. By-Law 11-2019 44 Being a By-Law to Confirm the Proceedings of the Meeting of the Board of the Essex-Windsor Solid Waste Authority 12. Remaining Meeting Dates for 2019 Wednesday, August 14, 2019 Wednesday, September 11, 2019 Tuesday October 1, 2019 Tuesday November 5, 2019 Tuesday, December 3, 2019 13. Adjournment

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Meeting Date: Tuesday, May 07, 2019 Time: Regular Session 4:00 PM Location: Essex County Civic & Education Centre – Room C 360 Fairview Avenue West, Essex Ontario Attendance: Board Members: Gary McNamara County of Essex (Ex-Officio) Marc Bondy County of Essex Leo Meloche County of Essex Ed Sleiman City of Windsor Jim Morrison City of Windsor Gary Kaschak – Vice Chair City of Windsor Kieran McKenzie City of Windsor EWSWA Staff: Eli Maodus General Manager Michelle Bishop Manager of Finance & Administration Catharine Copot-Nepszy Manager of Waste Diversion Tom Marentette Manager of Waste Disposal Teresa Policella Executive Secretary County of Essex Staff: Mary Birch Director of Council & Community Services/Clerk Sandra Zwiers Director of Financial Services/Treasurer City of Windsor Staff: Anne Marie Albidone Manager of Environmental Services Tony Ardovini Deputy Treasurer Financial Planning Dwayne Dawson City of Windsor Administration Absent: Aldo DiCarlo – Chair County of Essex Hilda MacDonald County of Essex Drew Dilkens City of Windsor (Ex-Officio)

1. Call To Order

The Vice Chair called the regular meeting to order at 4:26 pm

2. Declaration of Pecuniary Interest

The Vice Chair called for any declarations of pecuniary interest and none were noted. He further expressed that should a conflict of a pecuniary nature or other arise at any time during the course of the meeting that it would be noted at that time.

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3. Announcement – EWSWA 25th Anniversary: May 1994 – May 2019

The General Manager announced that the Authority is celebrating its 25th anniversary. He asked the Manager of Waste Diversion to speak about what Authority events will take place to celebrate this milestone. The Manager of Waste Diversion explained that staff will incorporate the 25th anniversary in the fall during Waste Diversion week. They will explain how the Authority started and where the Authority is going. There may also be an open house at the Recycling Centre.

4. Approval of the Minutes

A. April 11, 2019 Regular Meeting Minutes

Moved by Kieran McKenzie Seconded by Marc Bondy THAT the Minutes from the Essex-Windsor Solid Waste Authority Regular Meeting, dated, April 11, 2019 be approved and adopted.

- Carried Unanimously 19-2019

5. Business Arising from the Minutes

No other items were raised for discussion.

6. Correspondence

There are no items for discussion.

7. Delegations

There are no delegations.

8. Waste Disposal

A. Appoint Board Member to Regional Landfill Liaison Committee

The Manager of Waste Disposal provided background information regarding the Landfill Liaison Committee. The Environmental Compliance Approval (ECA) for the Regional Landfill stipulates the establishment and maintenance of a Landfill Liaison Committee (LLC). The purpose of the LLC is to review and make comment on any activities associated with the Regional Landfill Site, which shall include a review of Operations and Monitoring reports, review of complaints as well as the development and implementation plan for eventual end use and perpetual care. Meetings of the LLC are held quarterly. The membership of the LLC consists of 8 members appointed as follows:

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- One (1) member from the EWSWA Board that is not a Municipal Council member from the host municipality, namely the Town of Essex – Term of 1 year

- Two (2) members from the Municipal Council of the host municipality, namely the Town of Essex – Term of Council. Currently the members for the Town of Essex are Ms. Kim Verbeek and Mr. Richard Meloche.

- One (1) MOE representative appointed by the District Manager of the Ministry of the Environment. Kelly Laforet, Provincial Officer, has been appointed as the representative.

- Four (4) resident representatives from the “Schedule A” area as defined in the Compensation Policy – Term of three (3) years. The current representatives are Joel Gagnon, Jack Albert, Susan Morand and Louise Masse.

The Authority is to appoint one of its Board members to the Landfill Liaison Committee at this meeting. As a matter of information, the Board’s appointment for 2018 was Board Member Hilda MacDonald.

Due to Ms. MacDonald’s absence, Mr. McNamara asked if she had indicated that she would like to return to the LLC. The General Manager noted that Mrs. MacDonald did not advise him one way or the other.

Mr. McNamara nominated Mr. Bondy for the position.

The Vice Chair asked if Mr. Bondy accepts the nomination. Mr. Bondy accepted the nomination.

Moved by Gary McNamara Seconded by Leo Meloche THAT the Board appoint Mr. Bondy, who is not a member of the Council of the Town of Essex, to the Landfill Liaison Committee for a term of one year.

- Carried Unanimously 20-2019

B. Contract extension with Waste Connections for Refuse Haul and Windsor Depot Bin Shuttling for two (2) years to December 31, 2021.

The Manager of Waste Disposal explained to the Board that the Authority contracts the Hauling of Refuse to the Regional Landfill from the Windsor Transfer Station and Transfer Station 2 in Kingsville as well the Windsor Public Drop Off Bin Hauling to the Windsor Transfer Station. The current contract with Waste Connections will expire on December 31, 2019. Waste Connections has been providing the Authority with good

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service during the past 6 ½ years. Administration is requesting the Board approve a two (2) year contract extension from January 1, 2020 to December 31, 2021 in order to take advantage of the preferred rates received in 2012 which resulted from the tendering process.

Mr. McKenzie asked if the Authority would pay the CPI adjustment like the other contract extension that will be addressed on the agenda. The Manager of Waste Disposal confirmed the Authority will pay the CPI adjustment.

Moved by Ed Sleiman Seconded by Jim Morrison THAT the Board approve a two (2) year contract extension from January 1, 2020 to December 31, 2021 to Waste Connections of Canada for the Hauling of Refuse and Public Drop Off Bin Hauling at the Essex-Windsor Regional Facilities under the same terms and conditions of the original contract.

- Carried Unanimously 21-2019

9. Waste Diversion

A. 2018 Residential Waste Diversion Cover Report

The Manager of Waste Diversion explained the Authority produces an annual Waste Diversion Report which contains information on the various waste diversion programs and the related residential waste diversion rate. The Waste Diversion Report fulfills Condition 5.2 of the Environmental Assessment Approval for the Regional Landfill, as well as provides the Authority with a source of information on all its waste diversion programs. Some of the highlights of the waste diversion report are as follows:

 The overall waste diversion rate increased from 34% in 2017 to 36.3% in 2018.

 Collection of white goods, tires, scrap metals and electronics remained consistent with 2017 tonnage.

 Organic yard waste increased 18% from 2017 to 2018.

 The basket of goods sale of recyclable material decreased from 2017 to 2018. The Manager of Waste Diversion noted that although 2017 was an exceptionally high year, we are consistent with other years. She noted that actual were lower than forecasted and the Authority was always higher compared to other municipalities.

 The new Recycle Coach App attracted 3700 subscribers with 8,500 client interactions. She noted that through the app, residents can receive personalized

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schedules, tips on recycling and utilize the “What Goes Where” search engine. She noted

 School programs and community presentation continue to reach many residents of all ages.

 613 Gold Boxes were awarded in 2018 to residents through the Gold Star Recycler Program,

 The Authority services 96 special events with recycling carts in 2018.

 Special Waste program was similar in tonnage from 2017 to 2018.

Sandra Zwiers entered at 4:38 pm

Mr. Morrison noted that white goods are not collected in the City of Windsor. He noted from the report 126 tonnes were picked up curbside from County municipalities and 158 tonnes were delivered to the depots. Mr. McNamara stated a lot of times white goods are picked up by people looking for scrap metal before the contractor can collect the item. The Manager of Waste Diversion stated the Authority sees a little of this being done. She said the municipality is charged by the Authority whether or not the item is found at curbside because the contractor has been directed to attend to that address.

Mr. Morrison asked if the items end up back at an Authority facility from the scrap metal collectors. The answer is most likely not since the scrap metal collector would instead bring the item to a scrap metal recycler who would pay for the item

Mr. Sleiman asked if the blue box recycling market is going down due to China not wanting any more recyclables. Mr. Sleiman asked if the Authority has any plans to mitigate the loss of market. The Manager of Waste Diversion stated that the Authority was able to ship almost all its materials to domestic buyers. It is more critical to produce a cleaner product. The Manager of Waste Diversion stated that the North American market is currently oversaturated and prices are dropping. She added that the Authority is in a good position and on target as the Authority will soon be installing a Fibre Optic Sorting System in the Fibre Recycling Centre.

Mr. McKenzie asked how the 36% waste diversion rate compares to other jurisdictions. The Manager of Waste Diversion replied that London is at 45%. London is higher because they have wood waste and textile diversion programs.

Mr. McKenzie commented that he started to use the Recycle Coach App. He said the app was a very good tool. He asked if the Authority thinks this will help the diversion rate. The Manager of Waste Diversion stated the Authority will have to raise awareness with residents through radio and newspaper ads, social media and other communication. Mr. McKenzie asked if the Authority will be able to manage an increase

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in waste diversion. The Manager of Waste Diversion stated that the Authority will make operational adjustments if there is an increase. Mr. McKenzie stated that he is on the Windsor-Essex Environmental Committee and they would definitely like to promote this app.

Mr. Bondy noted that the Authority has received a lot of motor oil but no revenue. The Manager of Finance and Administration stated that when world oil prices are high the Authority is paid a revenue but oil prices have been depressed. The contractor engaged by the Authority does not charge to remove and recycle the oil and the Authority has assured that this oil does not go to landfill or down a drain.

Mr. Meloche asked if the Authority looks at recycling price variances. The Manager of Finance and Administration stated that the Authority subscribes to an industry standard price sheet for fibre materials. The Authority also receives an email with current commodity prices. She explained that it gets built into the budget. She explained the Authority looks at the commodity prices and trends. The Authority spot markets some commodities and sells to the highest bidder. The Authority has certain contracts for fixed pricing for newsprint.

Mr. McNamara asked about the wood waste and construction material diversion in London. He asked what are they doing different. Is there a recycling opportunity that we are missing or maybe a lack of equipment or a larger investment? The Manager of Waste Disposal stated he visited the two landfills in London last year including a private recycling facility, TRY Recycling. He stated the Authority would need more space, equipment and labour resulting in cost to the Authority.

Mr. McNamara stated an investment should be kept in mind if there is an opportunity. Mr. McNamara asked about the plastic pots residents throw away in the garbage. He said Aphria probably goes through 2 million pots. He asked if there is a potential market for these pots. The Manager of Waste Diversion stated the Authority has a drop off for the pots. She stated that this time of year the Authority receives a lot of pots that can be recycled. The pots are blended with the mixed plastics. Mr. McNamara asked if there is a potential for drop-offs at other locations, for example, Zehrs or Costco. He stated maybe if it’s close enough for residents there might be more of an initiative to recycle.

The General Manager stated that at times there is some confusion with the public when products have the “recycle” symbol stamped on a product. Although products may have a recycle symbol stamped on the product it does not always mean that they are accepted in the EWSWA recycling program.

The General Manager stated there is a balance between the diversion and the cost. The Authority will receive the product if the product is delivered. There are process and facility constraints. He stated London is fortunate because they have a private recycling company close to them – TRY Recycling. The Authority does not such a partner.

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Mr. McKenzie asked if the recycled construction material is a positive generator for London. The Manager of Waste Disposal stated that TRY Recycling is a private sector company.

Moved by Gary McNamara Seconded by Kieran McKenzie THAT the Board receive the 2018 Residential Waste Diversion Report as information.

- Carried Unanimously 22-2019

B. Earth Day Report re: April 28, 2019

The Manager of Waste Diversion explained Earth Day is a global celebration which occurs annually in the spring. The event focuses on strategies around waste diversion and to support environmental protection. This year, 1500 residents attended the Earth Day event at Malden Park. Mayor Drew Dilkens, Councillor Jim Morrison and MP Brian Masse were some of the leaders in attendance at the event. The theme this year was “Protect Our Species”. The focus was on the importance of healthy ecosystems and to promote this through activities including waste diversion and reduction. Authority staff distributed information about the Recycle Coach App. The app provides information around each resident’s collection schedules, tips on waste diversion and other e- resources such “What Goes Where?”

Mr. McKenzie stated that he also attended the event with his six year old daughter. He said the event was fantastic and his daughter got a lot from the event. He stated the games and the event was very well done.

Mr. Morrison said the Authority staff did a great job and he enjoyed his time at the booth. He stated everyone was engaged and the event was very well done.

Mr. Meloche noted he attended a nature event held at Holiday Beach which teaches kids about the environment. He stated that he can provide contact information for this group. He said it is a program that connects children with nature.

Moved by Jim Morrison Seconded by Ed Sleiman THAT the Board receive the Earth Day 2019 Report as information.

- Carried Unanimously 23-2019

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C. Upcoming Waste Diversion Activities

The Manager of Waste Diversion informed the Board about other upcoming EWSWA activities such as the Truckload Sale, Children’s Water Festival and Open House. She stated each event promotes a certain message.

The Truckload Sale held on May 5, 2019 was well received. To promote the Truckload Sale, buy one get one recycle box were offered at the sale this year. Recycling carts were not offered at the sale this year. Gates were opened earlier because traffic was backed up. Also available at the sale were rain barrels, composters and paper bags for shredded paper. All items were offered at a discount.

At the end of May, EWSWA will co-host the Children’s Water Festival held at Heritage Village in Essex. EWSWA has been a key partner of this event since 2001. EWSWA staff support a variety of interactive centres that engage students from Essex-Windsor in waste diversion activities. This event reaches approximately 4,000 people which include students and attendees.

This year, the EWSWA Open House is delayed until the fall, to allow EWSWA to better connect with the community through an event in the second half of the year. This event was typically held in June. The Open House provides recycling centre tours and interactive stations. The Open House will focus on EWSWA’s “25 year anniversary”. Details about this event will be provided at a later date.

Moved by Gary McNamara Seconded by Marc Bondy THAT the Board receive the Upcoming EWSWA Outreach Activities for 2019 Report as information.

- Carried Unanimously 24-2019

D. Contract extension with Windsor Disposal Service for Organics Grind and Haul for one (1) year to May 31, 2020.

The Manager of Waste Diversion explained the Authority requires the services of a contractor to process/grind yard waste at the Essex-Windsor Recovery Facility (MRF), Transfer Station #2 and the Regional Composting Site. Processed yard waste must also be hauled from the MRF to the Regional Landfill where it can be windrow composted. Grinding reduces particle size, thereby improving shipping weights and speeds up the composting process. In 2014, a contract to support these operations was awarded to Windsor Disposal Services (WDS) Ltd. for the period May 12, 2014 until June 2, 2018. The contract allows the Authority to mandate an extension for any period up to 2 years. Last year, the Authority exercised its right and extended the contract for an additional year to June, 2019.

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Authority administration proposed to WDS that the contract be extended for an additional year, under the same terms and conditions as the current contract. This means that the current rates would be applicable and would be adjusted only for the change in the Consumer Price Index. The extension period would be June 3, 2019 to May 31, 2020. WDS is in agreement with the extension. There is no financial impact on the approved 2019 budget.

Mr. Morrison asked the amount of the contract. The Manager of Finance and Administration stated the contract was $500,000 for the three sites combined. She also noted that the CPI adjustment is two part – a 10% fuel component and a 90% general CPI component.

Mr. McNamara asked what is the recovery? The Manager of Finance and Administration responded that the Authority charges the municipalities a $39/tonne fee. Mr. McNamara also asked if there is a net cost to the Authority. The Manager of Finance and Administration explained that residents can drop off yard waste to the Public Drop-Off locations free of charge. She explained that revenue of $160,000 is earned from the scale of finished compost back to residents and landscaping businesses.

Vice Chair Kaschak asked if WDS is the only company that provides this service. The Manager of Finance and Administration stated that we require a company that can grind as well as haul the yard waste to the Regional Landfill. There are not a lot of companies in the area that have the grinding equipment as well as the hauling equipment.

Moved by Kieran McKenzie Seconded by Leo Meloche THAT the Board approve a one year extension for the period June 3, 2019 to May 31, 2020 of the Processing/Grinding and Hauling of Organic Waste contract with Windsor Disposal Services Ltd. under the same terms and conditions as outlined in the existing contract.

- Carried Unanimously 25-2019

E. Province of Ontario & Ministry of the Environment Conservation and Parks Discussion Paper: Reducing Litter and Waste in Our Communities

The General Manager referred to page 32 of the agenda package. He stated that this information was conveyed to the prior Board. The report will serve as information to new Board members and a refresher to past Board members. In March 2019, the Province and the Ministry of the Environment published a discussion paper which sets out goals, actions and performance measures and outlines how the Province will decrease the amount of waste going to landfill and increase the province’s overall diversion rate. The discussion paper outlines 8 key areas for action.

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The General Manager stated he will focus on Items 3 and 4 as they will have the most financial and operational impact for Essex-Windsor within the next 5-6 years.

Item #3 will make producers responsible for the waste generated from their products and packaging. What this means for Essex-Windsor and all Ontario municipalities is that municipalities will no longer be responsible for 50% of the net cost of providing a municipal recycling program. Producers are currently paying the other 50% of the net cost. The Province will be compelling the producers to be responsible for the full cost. This will serve to relieve the Authority’s budget of approximately $4M on a net basis. This is the approximate net cost on an annual basis that is included in the Authority’s budget to manage the collection, processing and sale of recyclables. The current target for this transition is by the end of 2024. The General Manager noted that in 2022 there will another provincial election and that sometimes a new government may alter timelines.

Mr. Meloche asked the General Manager to define producer. The General Manager explained producers or stewards are the companies that produce the items that go in the blue box, for example, newspaper publishers, Walmart and Proctor and Gamble. They can also be importers. Mr. Meloche asked when will the cost be passed on to the them. Mr. Meloche also asked if the government going to just collect another tax. Mr. Meloche’s concern is that the cost will be redirected to the taxpayers. The General Manager stated the producers will be directly responsible. The General Manager stated the process will have to be seamless and residents will have to not notice a change in the program. The producers will have to absorb the costs of delivering the blue box programs across the province or they will build the cost into the products they sell.

Mr. McKenzie asked about the $4M cost to run the blue box program moving toward 2024 and how are we building this into the budget. Mr. McKenzie stated producers will change how they will package their products. The General Manager also stated the food waste program hopefully would not be implemented until the blue box program is resolved. In this scenario, the money freed up from recycling could go towards paying for a food waste program. Mr. McNamara noted that AMO has been fighting this issue (blue box funding) for some time on who is going to pay.

The other action item that will impact the Essex-Windsor area is Provincial Action Item #4. This action item will compel municipalities to reduce and divert from landfill disposal food waste. The General Manager noted that municipalities in the greater area already have food waste collection programs. What this means for Windsor and four of the seven County of Essex municipalities is, by 2025 that 50%-70% of food and organics waste generated by single family dwellings in “urban settlement areas” shall be diverted from landfill disposal. The selection criteria used by the Province to designate certain municipalities was population and population density. Therefore, Lakeshore, Essex and Kingsville would not be compelled to comply with the diversion target. The four County municipalities that would be impacted are Leamington, LaSalle, Tecumseh and Amherstburg. Their target would be 50%. Windsor’s target would be 70%. Windsor would need to provide curbside collection. The four County municipalities

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would only be required to provide a depot for residents to attend in order to dispose of their food waste. A tool to compel residents to divert food and organic waste from the garbage, would be to reduce the frequency of the collection of garbage. The General Manager noted the Province acknowledges that there is still much work to do for the Province, the Ministry and municipalities before food waste collection programs can be developed. The Province and the Ministry know there is a lack of processing facilities that could manage the material from the municipalities. Another issue is the cost associated with managing food waste. The General Manager noted this program is more costly than the current compost program. The City of Windsor has been proactive and engaged a consultant to examine what would be required to establish a food waste collection program. The analysis would also look at the possibility of partnerships with nearby municipalities. The General Manager noted that Chatham-Kent and London also do not have a program. The final report is scheduled to be available this fall.

Mr. McNamara noted that a “green program” is well underway with Bonduelle in Tecumseh. The program is providing a rich liquid fertilizer. Another issue is with the product coming in and what to do with the end product. Mr. McNamara noted the General Manager brought forward some very good points. Mr. McNamara said that every pound of methane producing product diverted away from the landfill is good. At the end the day, he said digesters are the way to go.

Mr. Morrison stated that this information was very beneficial to the new board members. He noted the 28% recovery from plastics. He asked what could be done locally to reduce plastic waste. He asked if the management team will come to the Board for recommendations or should the Board come forward to management. For example, he asked about single use plastics. Will the Authority be looking at possible solutions within municipal control. He stated that food waste diversion will require a lot of cooperation with other local municipalities. In regards to the single use plastics, the General Manager stated it makes sense to eliminate them but how enforceable is it at the municipal level of government. Mr. Morrison stated that if there is something that we can do locally, we should try.

Mr. McKenzie said on a governance level higher levels of government will have to be involved to enforce plastic waste restrictions. Mr. McKenzie asked what does Toronto do with its food waste. The General Manager replied that they generate electricity for their own use.

Mr. McNamara stated greenhouses are generating electricity from composted material. Tecumseh is doing something with Bonduelle. Tecumseh received a grant for this program.

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Mr. McKenzie stated this process would be very complicated. The opportunities are there and we would have to be legislated.

Moved by Gary McNamara Seconded by Ed Sleiman THAT the Board receive the Provincial Discussion Paper – “Reducing Litter and Waste in Our Communities” Report as information.

- Carried Unanimously 26-2019

10. Finance and Administration

A. 2019 EWSWA Budget Approval Status – County Council

The Manager of Finance and Administration referred to page 36 of the agenda to provide an update on the EWSWA 2019 budget approval status. At the Authority’s April 11, 2019 meeting, the Authority Board approved the 2019 budget recommendations. On May 1, 2019, Authority Administration attended Essex County Council to present the 2019 Budget, address questions from the council members and to seek approval of the 2019 EWSWA Budget. Essex County Council resolved to approve the Authority’s Budget at that meeting.

In regards to the City of Windsor Council consideration of the Authority’s 2019 budget, Authority Administration is scheduled to attend the May 27, 2019 Council meeting to address questions. An update will be provided at the June Board meeting.

Moved by Ed Sleiman Seconded by Jim Morrison THAT the Board receive the EWSWA 2019 Budget Approval Status Report as information. - Carried Unanimously 27-2019

B. 2018 Audited Financial Statements

The Manager of Finance and Administration referred to page 38 of the agenda package in regards to the Authority’s 2018 financial statements and auditors’ report from KPMG. She stated that KPMG has issued an “unmodified” audit opinion of the 2018 financial statements. This means that the statements present fairly the financial position of the Authority. She also noted the auditors’ report is marked as “draft” until the Board approves the 2018 financial statements.

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The Manager of Finance and Administration provided a clarification on the balance due from the City of Windsor. She explained this is a strip bond held by the City of Windsor until 2024. The funds will then be released to the Authority to fund the construction of Cell 5 at the Regional Landfill.

The Manager of Finance and Administration also provided clarification on the balance due from the City of Windsor, Town of Tecumseh and the Town of Lakeshore. The balance represents the receivable due from the three noted municipalities for the project cost to accept and place clay from the construction of the Windsor-Essex Parkway at closed Landfill No. 3 in order to thicken the cap and modify the side slopes. While there was no cost to the Authority to have the clay supplied, hauled and placed at Landfill #3, there were costs incurred as a result of disturbing the site and as a result of the thicker cap. The Authority financed the project cost by borrowing internally from one of its reserves and in 2013 began charging the three municipalities over a 10 year period.

The Manager of Finance and Administration explained the balance for the Regional Landfill post closure costs must be recorded on the Authority’s financial statement in accordance with the Public Sector Accounting Board recommendations.

The Manager of Finance and Administration also spoke to the following items contained in the report:

 The balance of $63M represents the debenture due to Sun Life Assurance Company Limited on account of the Regional Landfill.

 The contribution to the Regional Landfill Perpetual Care Reserve will be suspended until the Sun Life debenture payment period is complete in 2031.

 She noted on page 40 of the agenda package an outline of the various reserves and the intended use of the reserves. She stated that some transfers were made after the April board meeting.

 The largest accumulated deficit is the debenture on the Regional Landfill.

The Manager of Finance and Administration explained that operations for 2018 resulted in an excess of revenue over expenditures of $162,629. An operating surplus of $272,800 had been projected in the 2019 budget. The majority of the additional $110,171 unfavourable variance is due to higher than projected expenditures in various Authority programs (increased fuel costs, leachate hauling, grinding and hauling).

The Manager of Finance and Administration stated that funds required to finance the acquisition of capital items comes from internal borrowing from various Authority reserves. She explained that the Authority can borrow from its own reserves at a better

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rate of interest than from an external financial institution. She stated the Authority currently owes themselves $8.6M and will have paid back all current loans by 2027.

Mr. Meloche asked about the accumulated deficit balance of ($203,625) and the long term debt balance versus the amount of tangible assets. The Manager of Finance and Administration said it was due to the debenture on the Regional Landfill. She referred to the bottom of page 40 of the agenda package. Mr. Meloche stated that it looks like the assets are depreciating faster than the debts. Mr. McNamara confirmed it was part of the MFP legal settlement. Mr. Meloche said his concern will be that we have assets that will be worth nothing but we still have a lot of debt.

THAT the Board approve the 2018 Financial Statements and Auditors’ Report, the 2018 financial statements and associated auditors’ report.

Moved by Gary McNamara Seconded by Leo Melcohe

- Carried Unanimously 28-2019

C. January – March 2019 Financial Report

The Manager of Finance and Administration stated that traditionally the Authority did not provide a three month report for January to March. Historically, the delivery of material for disposal at Authority depots is much lower during the period of January to March than other months of the year. Organics and construction demolition is very low at this time of year. This creates a challenge for Administration to compare actual first quarter results to budget estimates. Administration has only included in this report items that have a material variance to budget or are significant in nature such as Municipal revenue and the quarterly recycling revenue.

The Manager of Finance and Administration stated that the Authority is on track with municipal revenue and consistent as in past years. The first quarter of 2019 included a significant amount of episodic contaminated soil from the new Gordie Howe International Bridge construction project. The Bridge has identified a lot of contaminated soil which has to be disposed of in a landfill site. Although the 2019 budget of $650,000 of revenue has been exceeded in the first quarter, it is still unknown the total amount of material that may be delivered for disposal.

The Manager of Finance and Administration stated the Authority is struggling with the sale of newspaper and results in an unfavourable variance. Due to the installation of the Fiber Optic Sorting System (FOSS), the Authority is having to loose load the fibre material and is not receiving the revenue we normally would receive. The Authority could see a change once the FOSS is in full production. At six months, she stated that an update will be provided to the Board.

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Mr. Morrison asked when the FOSS will be in full production and running smoothly. He would like to take a tour of the facility and see the equipment in production. The Manager of Waste Diversion stated the FOSS should be at a stage for a tour. She offered the Board a group tour or on an individual basis.

Mr. Bondy asked if at some point we could store the contaminated soil. The Manager of Waste Disposal stated we cannot stockpile the soil and use it a daily cover. He stated it is a challenge with the wet conditions. This spring has been a problem. Mr. Kaschak asked if the Authority receives contaminated reports. The Manager of Waste Disposal stated the Authority does receive reports and they are compared to the Ministry of the Environment, Conservation and Parks guidelines.

Moved by Marc Bondy Seconded by Ed Sleiman

THAT the Board receive the January to March 2019 – Three Month Operations Financial Review Report as information.

- Carried Unanimously 29-2019

D. Summary of Legal Accounts

Moved by Gary McNamara Seconded by Marc Bondy

THAT the Board authorize the payment of the legal accounts as summarized.

- Carried Unanimously 30-2019

11. Other Items

No other items were noted at this time.

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12. By-Laws

A. By-Law 6-2019 – Being a By-Law to Confirm the Proceedings of the Meeting of the Board of the Essex-Windsor Solid Waste Authority.

Moved by Leo Meloche Seconded by Marc Bondy THAT By-Law 6-2019, being a by-law to confirm the proceedings of the Board of the Essex-Windsor Solid Waste Authority be given three readings and be adopted this 7th day of May, 2019.

- Carried Unanimously 31-2019

B. By-Law 7-2019 – Being a By-Law to Authorize the Extension of an Agreement Between the Essex-Windsor Solid Waste Authority and Waste Connections for Refuse Haul and Windsor Depot Bin Shuttling for Two Years to December 31, 2021.

Moved by Leo Meloche Seconded by Marc Bondy THAT By-Law 7-2019, being a by-law to authorize the extension of an agreement between the Essex-Windsor Solid Waste Authority and Waste Connections for Refuse Haul and Windsor Depot Bin Shuttling for Two Years to December 31, 201 be given three readings and be adopted this 7th day of May, 2019.

- Carried Unanimously 32-2019

C. By-Law 8-2019 – Being a By-Law to Authorize the Extension of an Agreement Between the Essex-Windsor Solid Waste Authority and Windsor Disposal Services Ltd. For Processing/Grinding and Hauling of Organic Waste for One Year to May 31, 2020.

Moved by Leo Meloche Seconded by Marc Bondy THAT By-Law 8-2019 being a by-law to authorize the Extension of an Agreement between the Essex-Windsor Solid Waste Authority and Windsor Disposal Services Ltd. for processing/grinding and hauling of Organic Waste for one year to May 31, 2020 be given three readings and be adopted this 7th day of May, 2019.

- Carried Unanimously 33-2019

Page 16 of 17 Page 16 of 44 Regular Board Meeting Minutes May 7, 2019

13. Remaining Meeting Dates for 2019

The June 4, 2019 meeting may be cancelled due to lack of agenda items. The Board members noted they will be attending the Federation of Canadian Municipalities conference in Quebec City which is being held the week the Board meeting is scheduled. Many of the Board members will not be available.

Tuesday, June 4, 2019 Wednesday, July 10, 2019 Wednesday, August 14, 2019 Wednesday, September 11, 2019 Tuesday October 1, 2019 Tuesday November 5, 2019 Tuesday, December 3, 2019

14. Adjournment

Moved by Marc Bondy Seconded by Jim Morrison THAT the Board stand adjourned at 6:15 pm

- Carried Unanimously 34-2019

All of which is respectfully submitted.

______Gary Kaschak Vice Chair

______Ilija Maodus General Manager

Page 17 of 17 Page 17 of 44 Essex-Windsor Solid Waste Authority Administrative Report

July 2, 2019

To: The Chair and Board of the Essex-Windsor Solid Waste Authority From: Catharine Copot-Nepszy, Manager of Waste Diversion Meeting Date: Wednesday, July 10, 2019

Subject: Children’s Water Festival 2019

Purpose

To provide information to the Authority on the annual Children’s Water Festival that reaches students and adults from all over Essex-Windsor.

Background

To increase waste diversion efforts in Essex-Windsor, the EWSWA strategically supports key initiatives in our region each year. The Children’s Water Festival is one event that the EWSWA is a lead partner of as it supports the Authority’s diversion efforts and reaches a large audience from the region. This has become a staple event in Essex-Windsor that has been growing since 2001. It’s a four day event that exposes thousands of students and adults each year to waste diversion information and strategies.

Discussion

This year, the Children’s Water Festival was held from May 27th- 31st from 9:30 a.m. to 2:00 p.m. Due to its central location and convenient facility, it was again held at the Canadian Transportation Museum & Heritage Village on Arner Townline south of the Town of Essex. This event was organized by a committee of volunteers from various environmental agencies such as: EWSWA, ERCA, City of Windsor, Point Pelee National Park, Unifor, local school boards, and other municipalities and organizations.

As in previous years, over 4,000 school-aged (grades 3-5) children and adults attended this event. They had many opportunities to learn about waste diversion and water conservation through the 50 hands-on activity centres that were scattered throughout the site.

EWSWA staff supported a variety of these interactive centres to engage and educate participants on waste diversion. The key theme this year at the EWSWA tent was “Hazardous Waste –Keeping it out of the environment / waterways”. Some of the EWSWA stations offered

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Page 18 of 44 Children’s Water Festival 2019 Page 2 of 2 July 10, 2019

were: Down The Sewer, Hazardous Waste, Runoff or Recharge, Porousity & Permeability, Scrubbing Out Plastics, No Water Off A Duck’s Back, Clean A Stream.

EWSWA Board Member, Hilda MacDonald, also was in attendance at this year’s event as well as local media.

Recommendation

That the Board receive this report as information.

Submitted By

Catharine Copot-Nepszy, Manager of Waste Diversion

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Page 19 of 44 Essex-Windsor Solid Waste Authority Administrative Report

June 27, 2019

To: The Chair and Board of the Essex-Windsor Solid Waste Authority From: Ilija Maodus, General Manager Meeting Date: Wednesday, July 10, 2019

Subject: Federal Announcement re: Banning Single Use Plastics

Purpose

The purpose of this report is to inform the Board of a June 10, 2019 announcement made by the Prime Minister whereby “…the Government of Canada is taking additional steps to reduce Canada’s plastic waste, support innovation and promote the use of affordable and safe alternatives.” The announcement is appended to this report.

Background

Discussion took place during the Board’s last meeting on May 7, 2019 around the issue of plastic litter and waste and what roll, if any, local municipalities could have to solve the problems associated with single use plastics.

Discussion

Subsequent to the Board’s May 7 meeting, and very timely, came an announcement from the Prime Minister. Excerpts from the announcement are as follows:

Working with governments and businesses across Canada, the Government of Canada will:

 ban harmful single-use plastics as early as 2021 (such as plastic bags, straws, cutlery, plates, and stir sticks) where supported by scientific evidence and warranted, and take other steps to reduce pollution from plastic products and packaging

 work with provinces and territories to introduce standards and targets for companies that manufacture plastic products or sell items with plastic packaging so they become responsible for their plastic waste.

The Board’s General Manager participates in meetings associated with to two separate committees related to waste in general and recycling in specific. One committee is the Waste

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Page 20 of 44 Canada to Ban Single Use Plastics Page 2 of 2 June 27, 2019

Sub-Committee of the Regional Public Works Commissioners of Ontario (RPWCO). Windsor’s City Engineer, Mark Winterton, is the Chair of the RPWCO and Windsor’s Environmental Services Manager, Anne Marie Albidone, also participates in the RPWCO Waste Sub- Committee meetings. The other committee’s meetings in which the General Manager and the Environmental Services Manager participate is the Municipal Resource Recovery & Research Collaborative (M3RC). The members of M3RC are AMO, Toronto, RPWCO and the Municipal Waste Association. The consensus of the participants involved in the discussions at both of these committees is that the Federal and Provincial governments need to take the lead with regard to plastic litter and waste, as opposed to municipal governments. The first step has been the Federal government’s announcement. It is expected that the Province will be making a similar announcement within the next month or so. Enforceability of a single use plastics ban is better implemented by the Federal and Provincial governments as opposed to local municipalities across Ontario and Canada.

Administration will continue to keep the Board apprised of any further Federal or Provincial developments related to single use plastics.

Recommendation

For the Board’s information.

Submitted By

Ilija Maodus, General Manager

Attachment: June 10, 2019 Government of Canada Announcement

H:\EWSWA\everyone\1 - Reports\2019 Reports to the Board, LLC, TRC\REPORT - Federal Announcement Ban Single Use Plastics June 27 2019.docx

Page 21 of 44 JUSTIN TRUDEAU, PRIME MINISTER OF CANADA

Canada to ban harmful single-use plastics and hold companies responsible for plastic waste Mont-Saint-Hilaire, Quebec - June 10, 2019 Plastic pollution is a global challenge that requires immediate action. Plastic waste ends up in our landfills and incinerators, litters our parks and beaches, and pollutes our rivers, lakes, and oceans, entangling and killing turtles, fish, and marine mammals. Less than 10 per cent of plastic used in Canada gets recycled. Without a change in course, Canadians will throw away an estimated $11 billion worth of plastic materials each year by 2030. We’ve reached a defining moment, and this is a problem we simply can’t afford to ignore. That is why the Prime Minister, Justin Trudeau, today announced that the Government of Canada is taking additional steps to reduce Canada’s plastic waste, support innovation, and promote the use of affordable and safe alternatives. Working with governments and businesses across Canada, the Government of Canada will:

 ban harmful single-use plastics as early as 2021 (such as plastic bags, straws, cutlery, plates, and stir sticks) where supported by scientific evidence and warranted, and take other steps to reduce pollution from plastic products and packaging

 work with provinces and territories to introduce standards and targets for companies that manufacture plastic products or sell items with plastic packaging so they become responsible for their plastic waste.

These measures will be grounded in scientific evidence and will align, where appropriate, with similar actions being taken in the European Union and other countries. They will also support the Canadian Council of Ministers of the Environment’s development of an action plan to implement the Canada-wide Strategy on Zero Plastic Waste. By improving how we manage plastic waste and investing in innovative solutions, we can reduce 1.8 million tonnes of carbon pollution, generate billions of dollars in revenue, and create approximately 42,000 jobs. With the longest coastline in the world and one-quarter of the world’s freshwater, Canada has a unique responsibility – and opportunity – to lead in reducing plastic pollution. From launching the Ocean Plastics Charter at the 2018 G7 Summit to investing in new Canadian technologies that turn plastic waste into valuable resources, we are doing just that. Together, we can make our economy stronger and take an important step toward protecting wildlife and the places Canadians love.

Page 22 of 44 Quotes “Canadians know first-hand the impacts of plastic pollution, and are tired of seeing their beaches, parks, streets, and shorelines littered with plastic waste. We have a responsibility to work with our partners to reduce plastic pollution, protect the environment, and create jobs and grow our economy. We owe it to our kids to keep the environment clean and safe for generations to come.” —The Rt. Hon. Justin Trudeau, Prime Minister of Canada “We’ve all seen the disturbing images of fish, sea turtles, whales, and other wildlife being injured or dying because of plastic garbage in our oceans. Canadians expect us to act. That’s why our government intends to ban harmful single-use plastic products where science warrants it, and why we’re working with partners across Canada and around the world to reduce plastic pollution. Taking these steps will help create tens of thousands of middle-class jobs and make our economy even stronger—while protecting fish, whales, and other wildlife, and preserving the places we love.” —The Hon. Catherine McKenna, Minister of Environment and Climate Change “The health of our oceans is vital to the economic, cultural, and social well-being of Canada’s coastal communities. We know plastic pollution harms Canada’s oceans, wildlife, communities—and our economy. It’s a problem we simply can’t afford to ignore. We are working with industry to prevent and remove ghost fishing gear, to protect marine animals and the marine environment now and for future generations.” —The Hon. Jonathan Wilkinson, Minister of Fisheries, Oceans and the Canadian Coast Guard Quick Facts

 Every year, Canadians throw away over 3 million tonnes of plastic waste. This represents up to $8 billion per year in lost value and wastes valuable resources and energy.  About one-third of the plastics used in Canada are for single-use or short-lived products and packaging. In fact, in Canada, up to 15 billion plastic bags are used every year and close to 57 million straws are used daily.  Every year, 640,000 tons of abandoned, lost or discarded fishing gear enters our oceans. It can persist in the environment for up to 600 years.  Every year, one million birds and over 100,000 sea mammals worldwide are injured or die when they mistake plastic for food or become entangled.  Globally, one garbage truckload of plastic waste enters the ocean every minute, and that amount is increasing steadily.  Over the last 25 years, nearly 800,000 volunteers have removed over 1.3 million kilograms of trash from across Canada’s shorelines through Ocean Wise and World Wildlife Fund’s Great Canadian Shoreline Cleanup program, supported by the Government of Canada. The most commonly littered items on our shorelines are single- use or short-lived products, many made of plastics.

Page 23 of 44 Related Product

 Backgrounder - Government of Canada taking action to reduce plastic pollution

Associated Links

 Canadian Council of Ministers of the Environment - Strategy on Zero Plastic Waste  Ocean Plastics Charter  Government helping small businesses develop sustainable solutions  Investing in Canada Plan  Investing in our oceans  Economic Study of the Canadian Plastic Industry, Markets and Waste: summary report

Page 24 of 44 Essex-Windsor Solid Waste Authority Administrative Report

July 3, 2019

To: The Chair and Board of the Essex-Windsor Solid Waste Authority From: Ilija Maodus, General Manager Meeting Date: Wednesday, July 10, 2019

Subject: Province Engaging Special Advisor on Recycling and Plastic Waste

Purpose

The purpose of this report is to inform the Board of a June 7, 2019 announcement made by Ontario’s Environment Minister whereby the Province will be engaging Mr. David Lindsay as a Special Advisor on Recycling and Plastic Waste in order to urgently address these two issues. The letter from the Minister to Mr. Lindsay is appended to this report as is a related news release from the Province.

Background

The Minister has asked for a report from Mr. Lindsay by July 20, 2019. Mr. Lindsay currently serves as President and CEO of the Council of Ontario Universities and in the past was a former Deputy Minister for several Ontario ministries.

Discussion

One of Mr. Lindsay’s roles is as follows:

A mediation role to foster discussion and help producers, municipalities and other stakeholders to move closer to or reach agreement on key issues.

Mr. Lindsay’s work is to be guided by the following policy objectives:

 Improve Ontario’s Blue Box program by requiring producers to pay for the recycling of the products they produce, through achieving producer responsibility;

 Standardization across the province of what can be recycled in offices, parks, public spaces and homes;

 Improve diversion rates and increase what materials can be recycled;

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Page 25 of 44 Province Engaging Special Advisor Page 2 of 2 July 3, 2019

 Reduce litter and waste in communities and parks;

 Maintain or improve frequency of Blue Box collection.

While all of the above objectives are important the one which will have the greatest financial impact on Essex-Windsor and all Ontario municipalities that currently deliver blue box recycling programs is the objective described in the first bullet point.

Requiring producers to pay for the full cost of blue box recycling programs will ease the burden on the Authority’s budget by approximately $2M per year.

It is the objective of Ontario municipalities to have producers pay the full cost of blue box recycling programs as quickly as possible but sometime within the next few years. This is one of the tasks that the Special Advisor has when submitting his report to the Minister.

Essex-Windsor Staff and Municipal Involvement in the Special Advisor’s Work

The Authority’s General Manager and Windsor’s Environmental Services Manager (Anne Marie Albidone) participated in a June 20 webinar hosted by the Ministry where the Special Advisor spoke to his role and his task.

Further, Essex-Windsor and all other Ontario municipalities are being represented by AMO, Toronto and RPWCO (Regional Public Works Commissioners of Ontario) during in-person direct meetings with the Special Advisor, the Environment Ministry and industry where the municipal representatives advocate municipal interests. The Authority’s General Manager and Windsor’s Environmental Services Manager then receive a briefing update after those in- person meetings.

Recommendation

For the Board’s information.

Submitted By

Ilija Maodus, General Manager

Attachments: June 7, 2019 Letter from Province’s Environment Minister to David Lindsay

June 7, 2019 Province of Ontario News Release

H:\EWSWA\everyone\1 - Reports\2019 Reports to the Board, LLC, TRC\REPORT - Province Engaging Special Advisor on Recycling and Plastic Waste July 3 2019.docx

Page 26 of 44

Ministry of the Environment, Ministère de l'Environnement, Conservation and Parks de la Protection de la nature et des

Parcs

Office of the Minister Bureau du ministre

777 Bay Street, 5th Floor 777, rue Bay, 5e étage Toronto ON M7A 2J3 Toronto (Ontario) M7A 2J3 Tel.: 416-314-6790 Tél. : 416.314.6790

June 7, 2019

Dear Mr. Lindsay,

I would like to express my appreciation to you for agreeing to volunteer to help the people of Ontario and their government tackle the serious problem of plastic pollution, a key commitment in the Made-in-Ontario Environment Plan.

Ontario families take pride in doing their part for the environment. Ontarians are leaders in Canada in reducing greenhouse gas emissions and our own city of Kitchener was the birthplace of the world’s first Blue Box program. Knowing this, I was disappointed to learn that, while Ontario families do their part by diligently sorting their recycling, government and industry are failing them.

Today, Ontario’s recycling rates have been stalled for 15 years and up to 30% of what is put into blue boxes is sent to landfill. Some of Ontario’s plastic litter and waste is being shipped across the ocean to the Philippines and Malaysia. Meanwhile, plastic and other litter is increasingly plaguing our parks, highways, rivers and lakes.

This is unacceptable—both industry and government must do better.

It is for these reasons that I look forward to you providing me with advice on how to improve recycling through the Blue Box Program and better manage plastic pollution.

In addition, I ask that your work be guided by the following public policy objectives:

 Standardization across the province of what can be recycled in offices, parks, public spaces and homes;  Improve diversion rates and increase what materials can be recycled;  Reduce litter and waste in communities and parks;  Improve Ontario’s Blue Box program by requiring producers to pay for the recycling of the products they produce, through achieving producer responsibility; and  Maintain or improve frequency of Blue Box collection.  When increasing diversion in the residential sector, consider how these policies can also enable diversion in the institutional, commercial and industrial sector.

…/2 Page 27 of 44 Your work will consist of two roles: a mediation role where you, as an impartial mediator, will foster discussion and help producers, municipalities and other stakeholders to move closer to or reach agreement on key issues; and an advisory role, where you will provide me with advice on how these issues may be best addressed to ensure Ontario’s recycling system is more consistent, reliable and cost-effective for Ontarians.

To assist you in this work, I have also requested a jurisdictional review on how leading jurisdictions are employing innovative technologies to improve recycling efficiency and diversion rates for you to consider.

The current Blue Box Program has been in place since the 1980s and had great early, world-renowned success in recovering residential printed paper and packaging for recycling. In recent years, however, waste diversion rates have stalled in Ontario and been surpassed in other provinces. Meanwhile the costs to operate the program are rising.

While many countries used to take our recycled material, they are increasingly shutting their doors. In 2018, China launched “National Sword”, a policy which bans the importation of many recycled plastics and other materials – including from Ontario. This has resulted in increased recycling costs, increased material being sent to landfill, and more plastic litter and waste in our communities.

Mandating producer responsibility will allow for a province-wide obligation for producers to pay for and manage their materials. It will also allow for a single common list of what can be recycled across the province. This system is a cost-effective and accountable way to promote innovation and to make sure that Ontarians’ efforts to recycle are more effective, resulting in increased recycling and diversion rates.

At the conclusion of your work, please provide me with a report that outlines where the parties reached agreement and your recommendation on how to address any outstanding issues by July 20, 2019.

Thank you again for volunteering your time to help government and industry live up to the expectations of Ontarians when it comes to plastic pollution and recycling.

Regards,

Rod Phillips Minister

Page 28 of 44

NEWS Ministry of the Environment, Conservation and Parks

Ontario To Tackle Plastic Litter and Waste & Revamp Recycling Government Appoints Special Advisor on Recycling and Plastic Waste June 7, 2019 11:00 A.M.

TORONTO — Ontario is protecting what matters most by tackling the serious problem of plastic pollution and litter that is increasingly plaguing our parks, highways, lakes and rivers.

Ontario has engaged David Lindsay as a Special Advisor on Recycling and Plastic Waste to urgently address these issues. Mr. Lindsay will provide Rod Phillips, Minister of the Environment, Conservation and Parks, a report this summer on how to tackle plastic waste and litter, improve recycling, increase products that can go into the blue box, and ensure producers are responsible for managing plastic and other packaging at end-of-life.

"Ontario families take pride in doing their part for the environment. In fact, our own city of Kitchener was the birthplace of the world's first Blue Box program," said Minister Phillips. "Knowing this, I was disappointed to learn that, while Ontario families work to sort and recycle properly, government and industry are failing them. Ontario's recycling rates have been stalled for 15 years and up to 30 per cent of what is put into blue boxes is sent to landfill. Not to mention, recent stories highlight how some of Ontario's plastic waste is being unsustainably shipped across the ocean to the Philippines and Malaysia."

Mr. Lindsay currently serves as President and CEO of the Council of Ontario Universities. Prior to this, he was President and CEO of the Forest Products Association of Canada and of Colleges Ontario, an advocacy organization for the province's 24 colleges of applied arts and technology. Mr. Lindsay also served Ontarians as a former Deputy Minister for several Ontario ministries over the course of six years, including Natural Resources and Northern Development, Mines and Forestry.

"I'm looking forward to helping Ontario's municipalities and producers work together to address plastic litter and improve recycling in our province," said David Lindsay. "Having stakeholders come together to identify concerns and find solutions will be integral to reinvigorating the province's Blue Box Program and solving the problem of plastic litter and waste."

In the Made-in-Ontario Environment Plan, Ontario committed to transitioning the costs of the Blue Box Program away from municipal taxpayers to make the producers of products and

Page 29 of 44 packaging fully responsible. Shifting to producer responsibility will obligate producers across the province to pay for and manage their materials. It will also enable the common list of what can be recycled across the province. This is a cost-effective and accountable way to promote innovation and ensure Ontarians' recycling efforts are more effective, resulting in increased recycling and diversion rates.

Reducing plastic waste and litter and making producers responsible for the end-of-life management of their products is a key part of our Made-in-Ontario Environment Plan to balance a healthy economy and a healthy environment and keep our province clean and beautiful for current and future generations.

QUICK FACTS

• In the open-facing letter to the Special Advisor, the Minister has requested that work be guided by the following public policy objectives: o Standardization across the province of what can be recycled in offices, parks, public spaces and homes; o Improve diversion rates and increase what materials can be recycled; o Reduce litter and waste in communities and parks; o Improve Ontario’s Blue Box Program by requiring producers to pay for the recycling of the products they produce, through achieving producer responsibility; o Maintain or improve frequency of Blue Box collection; and o When increasing diversion in the residential sector, consider how these policies can also enable diversion in the institutional, commercial and industrial sector. • The current Blue Box Program has been in place since the 1980s and had world- renowned success in recovering residential printed paper and packaging for recycling. However, Ontario’s waste diversion rates have stalled at just over 60 per cent for the past 15 years. • Blue Box costs are expected to increase by approximately $10 million per year after 2019. • Based on 2017 costs, municipalities would save about $125 - $175 million annually once full producer responsibility for the Blue Box Program is put in place. • It is estimated that almost 10,000 tonnes of plastic debris enter the Great Lakes each year. • Ontario posted a discussion paper: Reducing Litter and Waste in Our Communities on the Environmental Registry from March 6 to April 20, 2019 and received close to 18,000 comments, which are currently being reviewed to inform next steps.

LEARN MORE

• Read the Made-in-Ontario Environment Plan • Read the Waste Discussion Paper

Gary Wheeler Communications Branch Available Online 416-314-6666 Disponible en Français Emily Hogeveen Minister's Office [email protected]

Page 30 of 44 Essex-Windsor Solid Waste Authority Administrative Report

June 10, 2019

To: The Chair and Board of the Essex-Windsor Solid Waste Authority From: Michelle Bishop, Manager of Finance and Administration Meeting Date: Wednesday, July 10, 2019

Subject: EWSWA 2019 Budget Approval Status

Purpose

The purpose of this report is to update the Board on the status of the 2019 EWSWA Budget approval process.

Background

At the Authority’s April 11, 2019 meeting the Authority Board approved the 2019 budget recommendations.

As a part of the final approval process the budget was then referred to the County of Essex and City of Windsor and their Councils for their consideration.

Discussion

On May 1, 2019 Authority Administration attended Essex County Council to present the 2019 Budget, address questions from the council members and to seek approval of the 2019 EWSWA Budget. Essex County Council resolved to approve the Authority’s Budget at that meeting.

On May 27, 2019 Authority Administration attended to address questions from the council members. Windsor City Council resolved to approve the Authority’s budget at that meeting.

Copies of both the City and County Council resolutions have now been received.

Recommendation

For the Board’s information.

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Page 31 of 44 Status of EWSWA Budget Approval Page 2 of 2 June 10, 2019

Submitted By

Michelle Bishop, Manager of Finance and Administration

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Page 32 of 44 Essex-Windsor Solid Waste Authority Administrative Report

June 27, 2019

To: The Chair and Board of the Essex-Windsor Solid Waste Authority From: Michelle Bishop, Manager of Finance and Administration Meeting Date: Wednesday, July 10, 2019

Subject: 2019/2020 EWSWA Insurance

Purpose

The purpose of this report is to update the Board on the Authority’s comprehensive insurance program renewal for the period of June 1, 2019 to May 31, 2020.

Discussion

The Authority's annual insurance policy term is June 1 to May 31. The Authority's insurance broker is Aon Reed Stenhouse Inc.

Premiums

The following table summarizes the various coverages and related premiums. As highlighted in the table the 2019/2020 program represents an overall increase in premiums of $55,798 from the prior year. This equates to an increase of 20%.

The increase in premium is related to the insurer’s evaluation of the recycling industry as a whole in Ontario and not of the Authority’s operations in particular. The insurer has deemed recycling operations to be of a greater risk due to recent claims across the province. Therefore premiums to their customers have been adjusted to reflect this claims experience. As a matter of information, the Authority’s last claim related to its recycling operations dates back to 2005.

The Authority has a very different risk profile than a municipality, in particular the risk associated with the operation of a fibre recycling facility is significantly higher than most other municipal operations.

Along with the above noted risk increase also included in the change in the property and equipment premium is an increase the valuations of the replacement cost of the Authority’s facilities and equipment due to the purchase of a new Fibre Optic Sort System (FOSS) at the Windsor Material Recycling Facility and new heavy equipment used in the Waste Reduction

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Page 33 of 44 2019/2020 EWSWA Insurance Page 2 of 4 June 27, 2019

program. The value of the Property & Equipment being insured increased by $1,488,000 from $17,099,100 to $18,587,100.

Class 2019 / 2020 2018 / 2019 Dollar Amount of Premium Premium Change Property & Equipment $189,250 $139,906 $49,344 Environmental $38,820 $38,246 $574 Owned Automobile $19,700 $20,037 ($337) General Liability $22,969 $22,936 $33 Umbrella Liability $14,000 $13,000 $1,000 Errors & Omissions $12,000 $11,721 $279 Boiler & Machinery $6,119 $5,522 $597 Directors & Officers $4,402 $4,402 $0 Crime $1,929 $1,929 $0 Legal $1,650 $1,500 $150 Total Premium $310,839 $259,199 $51,640 PST on All But Auto $23,291 $19,133 $4,158 Grand Total $334,130 $278,332 $55,798

Deductibles

The following table summarizes the deductible amounts for the various classifications:

Class 2019 / 2020 Deductible 2018 / 2019 Deductible Property & Equipment $100,000 $25,000 Environmental $25,000 $25,000 Owned Automobile $5,000 $5,000 General Liability & Legal $2,500 $2,500 Umbrella Liability $10,000 $10,000 Directors & Officers $5,000 $5,000 Errors & Omissions $5,000 $5,000 Boiler & Machinery $5,000 $5,000

As can be seen from the table the insurer has also requested a change in the amount payable as a deductible in the event of a claim under the property and equipment program from $25,000 to $100,000 per occurrence.

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Page 34 of 44 2019/2020 EWSWA Insurance Page 3 of 4 June 27, 2019

Additional Information

In 2014 a request for quotes was distributed by AON at the direction of Authority administration. Changes in the underwriting insurance companies resulted in significant annual savings and improved coverage levels.

Since that time the Authority has participated in annual Risk Control Assessments. Each year a representative from Sovereign General Insurance performs a site visit at the Essex Windsor Regional Landfill, Windsor Recycling Facilities and Windsor Transfer Station. To date there have been no critical control recommendations received.

Additionally, the Authority has addressed all important and advisory recommendations identified by the insurer as well as implemented additional risk mitigation items as deemed necessary by Authority staff. Some of these items include:

 Additional video cameras installed to ensure all areas of public access are clearly visible.  New gates installed at the Windsor site to ensure site is secure.  Replacement of all security and fire detection equipment at all sites.  Installation of an automatic fixed suppression system on the Regional Landfill compactor.  Annual infrared scanning on all the electrical panels in the recycling buildings to ensure there are no hot spots that could lead to an electrical failure.  Annual fire hydrant testing to ensure an acceptable flow and pressure rating is achieved.  The fire department has been invited to tour the facility annually to ensure they are familiar with the site.  All metal halide light fixtures have been replaced with LED fixtures to reduce the inherent fire risk associated with exploding metal halide fixtures.

Unfortunately, although the above steps have been taken by the Authority to reduce the potential for claims the insurer still feels that the risk level is higher than acceptable and warrants a premium increase.

Prior to the expiration of the policy AON requested quotes from over 23 different insurance carriers. To date Sovereign General Insurance is the only company able to provide the Authority with the level of insurance that is required. AON will continue to work throughout 2019 to ensure that the Authority is getting the best available coverage and pricing.

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Page 35 of 44 2019/2020 EWSWA Insurance Page 4 of 4 June 27, 2019

Recommendation

That the Board receive the report pertaining to the 2019/2020 Insurance program as information.

Submitted By

Michelle Bishop, Manager of Finance and Administration

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Page 36 of 44 Essex-Windsor Solid Waste Authority Administrative Report

June 20, 2019

To: The Chair and Board of the Essex-Windsor Solid Waste Authority From: Ilija Maodus, General Manager Meeting Date: Wednesday, July 10, 2019

Subject: Summary of Legal Account(s)

1. McTague Law Firm LLP $1,359.16

Regarding: Advice re: Recycling Processing Contract Invoice # 302862 Billing Period May 2019 Invoice Date May 31, 2019

Recommendation

That the Board authorize the payment of the legal account as summarized.

Submitted By

Ilija Maodus, General Manager

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Page 37 of 44 Essex-Windsor Solid Waste Authority Administrative Report

July 2, 2019

To: The Chair and Board of the Essex-Windsor Solid Waste Authority From: Tom Marentette, Manager of Waste Disposal Meeting Date: Wednesday, July 10, 2019 RE: RESULTS OF THE TENDER FOR THE LOADING AND HAULING OF LEACHATE FROM THE REGIONAL LANDFILL AND LANDFILL 3

Purpose

The purpose of this report is to advise the Board of the tender results for the Loading and Hauling of Leachate from the Regional Landfill and Landfill 3 sites, and to recommend awarding the contract according the results to Sarnia Paving Stone Ltd. for the period July 2, 2020 - June 30, 2027 with the option for a one-year extension at the discretion of the Authority.

Background

The current contract for hauling leachate from Landfill 3 and the Regional Landfill to the Little River Pollution Control Plant and/or the Lou Romano Water Reclamation Plant expires on June 30, 2020. Sarnia Paving Stone is the current contractor and has been since July 2, 2012.

A tender has been issued a year in advance of the current contract’s termination due to the fact that specialized trailers are required and it could take one year for the successful bidder to receive delivery of new trailers.

Discussion

A tender was issued on June 11, 2019 for the Loading and Hauling of Leachate from the Regional Landfill and Landfill 3 sites for a 7 year term. Advertisements were placed in Windsor Star and County Newspapers and posted on websites with The Windsor Construction Association, Ontario Waste Management Association, The Municipal Waste Association, Biddingo and MERX as well as EWSWA’s own website. The tender was also e-mailed directly to twelve (12) prospective bidders.

A mandatory site meeting was held on June 20, 2019 with potential bidders at the Little River Pollution Control Plant to provide an opportunity to ask questions and tour the receiving area. Optional tours of the Lou Romano plant, Landfill #3 and the Regional Landfill were also made available to bidders. The tender closed at noon on Wednesday June 26, 2019 at 12:00 noon and

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Page 38 of 44 Leachate Loading & Hauling Tender Award July 2019 July 2, 2019

Board Member & Deputy Mayor of Amherstburg, Mr. Leo Meloche and EWSWA staff, Executive Secretary, Teresa Policella and Waste Disposal Manager, Tom Marentette were present to conduct the tender opening at 12:05 pm. There were 5 tender submissions received. The quoted annual prices are as follows:

Company Annual Price (Excluding HST) Sarnia Paving Stone Ltd. (Sarnia) $595,000

1869096 Ontario Ltd. o/a Canadian Transfer (Essex) $672,500

Sterling Ridge Logistics Inc. (Leamington) $923,750

Windsor Disposal Services Limited (Windsor) $1,034,750

Wessuc Inc. (, Ontario) $1,051,250

There were no errors or omissions in any of the tender submissions.

Financial Implications

The per unit prices included in the lowest bidder’s submission and those currently being paid by the Authority are shown in the table below:

Lowest Bidder Current Rate* (per tonne) (per tonne)

LF #3 to Little River Plant $3.70 $3.96

LF #3 to Lou Romano Plant $4.50 $4.82

Regional Landfill to Lou Romano Plant $5.20 $5.56

*The current rate was effective for the period July 1, 2018 – June 30, 2019. The rate is adjusted annually according to the Consumer Price Index and Ministry of Energy diesel price data. The rates applicable for the period July 1, 2019 – June 30, 2020 have yet to be calculated.

Recommendation

That the Board of the Essex-Windsor Solid Waste Authority accept the Tender for and Hauling of Leachate from the Regional Landfill and Landfill 3 sites submitted by Sarnia Paving Stone Ltd. for the term of July 2, 2020 to June 30, 2027 (with an option for a one year extension at the Authority’s discretion) for the unit prices submitted in their tender response and that the Chair and General Manager be authorized to enter into an Agreement to that effect.

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Page 39 of 44 Leachate Loading & Hauling Tender Award July 2019 July 2, 2019

Submitted By

Tom Marentette, Manager of Waste Disposal

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Page 40 of 44 Essex-Windsor Solid Waste Authority Administrative Report

July 3, 2019

To: The Chair and Board of the Essex-Windsor Solid Waste Authority From: Ilija Maodus, General Manager Meeting Date: Wednesday, July 10, 2019

Subject: Waste from Outside Essex-Windsor

Purpose

The purpose of this report is to inform the Board of a June 10, 2019 inquiry from a broker who was looking for a landfill site to accept approximately 200-300 tonnes per month of baled automotive waste. This would amount to approximately 2,400-3,600 tonnes of waste per year. The waste is production material generated from making insulating material found in automobiles and its origin is the London area.

Further, the purpose of this report is to have the Board engage in a discussion as to the advisability of receiving waste from outside Essex-Windsor.

Background

The Authority currently has Policy EW-010 dating from 2001. The policy is entitled “Importation of Waste from Outside Essex-Windsor. The policy allows for the following:

 A maximum of 3,000 tonnes per year of solid non-hazardous waste delivered by private contractors or municipal forces on a spot-market basis shall be received for disposal from within Chatham-Kent, Lambton County and Elgin County.

 Requests from any municipal or private landfill site or waste diversion facility outside of Essex-Windsor that is experiencing an emergency or force majeure situation would be dealt with on an individual basis and would have to be approved by the Authority members on a majority basis.

To put into perspective the 3,600 tonnes of automotive waste referred to above and the 3,000 tonnes pertaining to waste which could be accepted from Chatham-Kent, Lambton and Elgin, these amounts would equate to 1.5% and 1.2% respectively of the 248,000 total tonnes that was landfilled during 2018.

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Page 41 of 44 Waste from Outside Essex-Windsor Page 2 of 2 July 3, 2019

As a matter of information, the Authority’s Environmental Compliance Approval issued by the Environment Ministry allows the Regional Landfill to receive waste from anywhere in Ontario.

As an additional note, during the General Manager’s and Finance Manager’s appearance before Windsor Council on May 27, 2019 seeking approval of the Authority’s 2019 budget, the General Manager was asked if he would present any requests to the Authority Board which pertained to waste from outside Essex-Windsor. The General Manager replied in the affirmative as he understands that he would not be able to address the matter without the Board’s knowledge and discussion.

Discussion

The baled automotive waste originating from the London area falls outside the scope of the Authority’s policy. The Authority’s General Manager advised the broker that the material could not be accepted under the current Authority policy and further that the matter would only be able to be brought before the Board’s attention at its next meeting scheduled for July 10, 2019. The broker advised that he needed to resolve the matter in a more timely manner and would not be able to wait for an Essex-Windsor decision. He further advised that these types of requests might become more frequent due to shrinking landfill capacity in the province and due to the fact that garbage which is currently being disposed in Michigan may see some reductions as truck drivers may not be able to or may not desire to drive to Michigan.

If there is a desire for the Board to be proactive, should similar requests be made in the future, the Board may wish to discuss the possibility of amending the current policy to extend the geographic constraint beyond the three municipal boundaries listed in the policy.

If there is Board interest for this discussion then a discussion as to appropriate rates to charge would be prudent. The rates charged to the customers originating in the three municipalities in the current policy are the same rates which would be charged to customers situated in Essex- Windsor. This does not mean that the Board would be compelled to charge the same rates to a customer outside of those three municipal boundaries but instead could set different rates.

Recommendation

For the Board’s discussion.

Submitted By

Ilija Maodus, General Manager

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Page 42 of 44 Essex-Windsor Solid Waste Authority

By-Law Number 9-2019

Being a By-Law to Authorize the Execution of an Agreement between the Essex-Windsor Solid Waste Authority and Sarnia Paving Stone Ltd. for Leachate Loading and Hauling at Essex-Windsor Regional Landfill Site in the Town of Essex and Essex County Landfill 3 in the Town of Lakeshore.

Whereas the Essex-Windsor Solid Waste Authority has approved entering into an Agreement with Sarnia Paving Stone Ltd. for Leachate Loading and Hauling at Essex-Windsor Regional Landfill Site in the Town of Essex and Essex County Landfill 3 in the Town of Lakeshore.

Now Therefore the Essex-Windsor Solid Waste Authority enacts as follows:

1. THAT EWSWA hereby approves a contract with Sarnia Paving Stone Ltd. upon and subject to the terms, covenants and conditions contained in the Agreement.

THIS By-Law shall take effect upon the final passing thereof.

ESSEX-WINDSOR SOLID WASTE AUTHORITY

______EWSWA Board Vice Chair Gary Kaschak

______Ilija Maodus General Manager

Read a First, Second and Third Time, Enacted and Passed this 10th Day of July, 2019.

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By-Law Number 11-2019

Being a By-law to Confirm the Proceedings of the Meeting of the Board of the Essex-Windsor Solid Waste Authority.

Whereas by Agreement dated 18 May 1994, made between the Corporation of the County of Essex and the Corporation of the City of Windsor, the Essex-Windsor Solid Waste Authority (The Authority) was created as a joint board of management pursuant to Sections 207.5 and 209.19 of the Municipal Act, RSO 1990, Chapter M.45 and;

Whereas Subsection 5.(3) of the Municipal Act, RSO 2001, Chapter 25, provides that the powers of a municipality shall be exercised by By-Law and;

Whereas Section 1 of the Municipal Act RSO 1990, Chapter M 46 defines a municipality as including a board, commission or other local authority exercising any power with respect to municipal affairs or purposes and;

Whereas it is deemed expedient that the proceedings of the Authority at this meeting be confirmed and adopted by By-Law

Now Therefore the members of the Authority enact as follows:

1) The action of the members of the Authority in respect to each recommendation contained in the Report/Reports of the Committees and each motion and resolution passed and other action taken by the members of the Authority at this meeting is hereby adopted and confirmed as if all such proceedings were expressly set out in this by-law.

2) The Chair and the proper officials of the Authority are hereby authorized and directed to do all things necessary to give effect to the action of the members of the Authority referred to in the preceding section hereof.

3) The Chair and the General Manager of the Authority are authorized and directed to execute all documents necessary in that behalf.

ESSEX-WINDSOR SOLID WASTE AUTHORITY

Gary Kaschak EWSWA Board Vice Chair

Ilija Maodus General Manager

Read a First, Second and Third Time, Enacted and Passed This 10th Day of July, 2019.

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