Notice of approval

Proponent: Regional Municipalities of York and Durham
Environmental assessment file number: EA-02-04-03

Take notice that the period for requesting a hearing, provided for in the Notice of Completion of the Review for the above-noted undertaking, expired on November 20, 2009.

I received over 250 submissions before the expiration date. The majority of these submissions requested a hearing by the Environmental Review Tribunal.

I consider a hearing to be unnecessary in this case. Having considered the purpose of the Environmental Assessment Act, the approved terms of reference, the environmental assessment, the ministry Review of the environmental assessment and submissions received, I hereby give approval to proceed with the undertaking, subject to conditions set out below.

Reasons

My reasons for giving approval are:

  1. The proponent has complied with the requirements of the Environmental Assessment Act.
  2. The Environmental Assessment has been prepared in accordance with the approved Terms of Reference.
  3. On the basis of the proponent’s environmental assessment and the ministry Review, the proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
  4. No other beneficial alternative method of implementing the undertaking was identified.
  5. The proponent has demonstrated that the environmental effects of the undertaking can be appropriately prevented, changed, mitigated or remedied.
  6. On the basis of the proponent’s Environmental Assessment, the ministry Review and the conditions of approval, the construction, operation and maintenance of the undertaking will be consistent with the purpose of the Environmental Assessment Act (section 2).
  7. The government, public and Aboriginal community review of the Environmental Assessment has indicated no outstanding concerns that have not been addressed or that cannot be addressed through commitments made during the Environmental Assessment process, through the conditions set out below or through future approvals that will be required.
  8. The submissions received after the Notice of Completion of ministry Review was published are being addressed through commitments made during the Environmental Assessment process, through the conditions set out below or through future approvals that will be required, where appropriate. I am not aware of any outstanding issues with respect to this undertaking which suggest that a hearing should be required.

Conditions

The approval is subject to the following conditions:

1. Definitions

For the purposes of these conditions:

Director
means the Director of the Environmental Assessment and Approvals Branch.
EAAB
means the Environmental Assessment and Approvals Branch of the Ministry of the Environment
environmental assessment
means the document titled Southeast Collector Environmental Assessment Final (Amended) August 2009.
ministry
means the Ministry of the Environment.
program
means compliance monitoring program.
proponent
means the Regional Municipality of York and the Regional Municipality of Durham.
Regional Director
means the Director of the ministry’s Central Regional Office.

2. General requirements

  1. The proponent shall comply with the provisions in the environmental assessment which are hereby incorporated in this approval by reference except as provided in these conditions and as provided in any other approval or permit that may be issued for the undertaking.
  2. These conditions do not prevent more restrictive conditions being imposed under other statutes.

3. Public record

  1. Where a document is required for the public record, the proponent shall provide two copies of the document to the Director: a copy for filing within the specific public record file maintained for the undertaking and a copy for staff use.
  2. Additional copies of such documents will be provided by the proponent for public access to the:
    1. Regional Director (as required);
    2. Clerk of the Regional Municipality of York and the Regional Municipality of Durham(as required); and,
    3. Southeast Collector Advisory Committee, if applicable.
  3. The EAAB file number 02-04-03 shall be quoted on the document.
  4. These documents may also be provided through other means as considered appropriate by the proponent.

4. Compliance Monitoring Program

  1. The proponent shall prepare and submit to the Director for the public record, an environmental assessment compliance monitoring program.
  2. The program shall be submitted one year from the date of approval of the undertaking, or 60 days before the commencement of construction, whichever is earlier.
  3. The program shall be prepared for the monitoring of the proponent’s fulfilment of the provisions of the environmental assessment for mitigation measures, public consultation, and additional studies and work to be carried out, and for all other commitments made during the preparation of the environmental assessment and the subsequent review of the environmental assessment for mitigation measures, public consultation, and additional studies and work to be carried out.
  4. The program must contain an implementation schedule.
  5. A statement must accompany the program when submitted to the Director indicating that the program is intended to fulfil this condition.
  6. The program, as it may be amended by the Director, must be carried out by the proponent.
  7. The proponent shall make the documentation available to the ministry or its designate upon request in a timely manner when so requested by the ministry during an on-site inspection, audit, or response to a pollution incident report or when information concerning compliance is requested by the ministry.

5. Compliance reporting

  1. The proponent shall prepare an annual compliance report which describes compliance with the conditions of approval set out in this notice and which describes the results of the proponent’s environmental assessment compliance monitoring program.
  2. The annual compliance report shall be submitted to the Director on or before March 31 of each year, with the first report being due in 2011, and shall cover all activities of the previous calendar year.
  3. Subsequent compliance reports shall be issued and submitted to the Director for the public record on or before March 31 each year thereafter and shall cover the previous calendar year.
  4. The proponent shall submit annual compliance reports until all conditions are satisfied.
  5. When all conditions have been satisfied, the proponent shall indicate in the annual compliance report that this is its final submission.
  6. The proponent shall retain either on site or in another location approved by the Director, copies of the annual compliance reports for each reporting year and any associated documentation of compliance monitoring activities.
  7. The proponent shall make the documentation available to the ministry or its designate upon request in a timely manner when so requested by the ministry during an on-site inspection, audit, or in response to a pollution incident report or when information concerning compliance is requested by the ministry.

6. Southeast Collector Advisory Committee (SeCAC)

  1. The proponent shall establish a new SeCAC to ensure that concerns about the implementation of the undertaking are addressed and mitigation measures are undertaken where appropriate.
  2. The proponent shall provide administrative support for the SeCAC including, at minimum:
    1. Providing SeCAC meeting space;
    2. Recording minutes of each meeting;
    3. Preparing and publishing meeting notices; and,
    4. Preparing an annual report to be submitted as part of Compliance Reporting as required by Condition 5.
  3. For the purposes of the SeCAC, the proponent shall invite the following to participate on the SeCAC:
    1. One representative from the Regional Municipality of York;
    2. One representative from the Regional Municipality of Durham;
    3. One representative from the Rouge Park Alliance;
    4. One representative from the City of Pickering;
    5. One representative from the Town of Markham;
    6. One representative from the Durham Environmental Advisory Committee;
    7. One representative from Stop the Stink;
    8. Qne representative from the Rouge-Duffins Greenspace Coalition;
    9. Up to two individuals who live in the Regional Municipality of Durham; and,
    10. Up to two individuals who live in the Regional Municipality of York.

    A representative from the Ministry of the Environment shall be invited to attend meetings as an observer.

  4. The SeCAC may review and provide advice to the proponent relevant to the undertaking including:
    1. Compliance Reporting as required by Condition 5;
    2. Complaint Protocol as required by Condition 7;
    3. Water Efficiency and Inflow and Infiltration Reduction Monitoring as required by Condition 8;
    4. Odour Management and Mitigation as required by Condition 9;
    5. Performance Management Plan as required by Condition 10; and,
    6. Ambient Air Monitoring and Reporting as required by Condition 11.
  5. The proponent shall hold the first SeCAC meeting within three months of approval of the undertaking. At the first meeting, the SeCAC shall develop its Terms of Reference outlining the governance and function of the SeCAC. The Terms of Reference shalt be developed in accordance with this Condition and shall be provided to the Director and Regional Director. The Terms of Reference shall, at minimum include:
    1. Roles and responsibilities of SeCAC members;
    2. Frequency of meetings;
    3. Member code of conduct;
    4. Protocol for dissemination and review of information including timing; and,
    5. Protocol for dissolution of the SeCAC.

7. Complaint protocol

  1. The proponent shall prepare and implement a protocol on how it will deal with and respond to inquirie$ and complaints received during the construction and operation of the undertaking, including the construction and operation of the Odour Control Facility.
  2. The Complaint Protocol shall be provided to the SeCAC for review prior to submission to the Director.
  3. The proponent shall submit the Complaint Protocol to the Director for placement in the public record six months prior to commencement of construction of the undertaking.
  4. A statement must accompany the protocol when submitted to the Director indicating that the protocol is intended to fulfil this condition.

8. Water efficiency and inflow and infiltration reduction monitoring

  1. The Regional Municipality of York shall prepare, to the satisfaction of the Regional Director, a Water Conservation and Efficiency Strategy (Strategy) for the water and waste water flows to the Southeast Collector Trunk Sewer. The Strategy shall include targets for conservation, efficiency, inflow and infiltration reduction to the Southeast Collector Trunk Sewer, and timelines for achieving the targets, as well as the strategies, tactics, programs and initiatives to be used, including the cost to implement these.
  2. The Strategy shall include a program for the reduction of inflow and infiltration by the Regional Municipality of York to the Southeast Collector Trunk Sewer from its and its lower tier municipalities' sewage systems. This program shall include reduction priorities, targets, timelines, tactics and initiatives, and the associated costs to implement these.
  3. The Regional Municipality of York shall consult with its lower tier municipalities, the SeCAC, the public, relevant government agencies and the ministry’s Central Regional Office on its proposed Strategy prior to submitting the Strategy to the Regional Director.
  4. The Regional Municipality of York shall prepare a review of best in class water conservation and efficiency programs, initiatives, strategies and tactics adopted by other jurisdictions. The review shall include an analysis of best in class tactics/strategies used by jurisdictions throughout the world. This review shall be made public and shall form part of the consultation process for the Strategy, as required by Condition 8.3 above. This review shall be posted on the proponent’s web site for the undertaking.
  5. The Regional Municipality of York shall have a peer review of the Strategy completed. The peer review shall include a comparative analysis of the Regional Municipality of York’s proposed Strategy relative to best in class tactics/strategies used by jurisdictions throughout the world.
  6. Following completion of the consultation required by Condition 8.3 and the peer review process required by Condition 8.5 above, the Regional Municipality of York shall submit the Strategy to the Regional Director within twelve months of the approval of the undertaking.
  7. The Regional Municipality of York shall carry out the Water Conservation and Efficiency Strategy.
  8. The Regional Municipality of York shall submit to the Regional Director and the SeCAC an annual report detailing its progress on implementing the Strategy including inflow and infiltration reduction. The first report is required to be provided one year following finalization of the Strategy and every twelve months thereafter until such date as the Regional Director determines the reports are no longer required.
  9. Each of the annual reports prepared in accordance with Condition 8.8 above shall at minimum include:
    1. Results of water conservation and efficiency measures;
    2. Results of flow monitoring and visual inspections to determine the sources and amount of inflow and infiltration into the Southeast Collector Trunk Sewer within the Regional Municipality of York;
    3. Progress in the reduction of inflow and infiltration into the Southeast Collector Trunk Sewer;
    4. Details of any remedial work to the sewage system undertaken and the results of the remediation; and,
    5. Results achieved within the Regional Municipality of York with respect to inflow and infiltration reduction measures.
  10. The proponent shall update the Strategy, to the satisfaction of the Regional Director, at a minimum once every 5 years from the date the Strategy is finalized until such date as the Regional Director indicates that the updates are no longer required.
  11. The proponent shall post the Strategy prepared in accordance with Condition 8.1 and the annual report submitted in accordance with Condition 8.8 on the proponent’s web site for the undertaking.

9. Odour management and mitigation

  1. The proponent shall prepare, to the satisfaction of the Regional Director, an Odour Management and Mitigation Plan for the Southeast Collector Trunk Sewer in consultation with the ministry’s Central Regional Office.
  2. The proponent shall submit the Odour Management and Mitigation Plan to the Regional Director within six months of the approval of the undertaking.
  3. 9.3 The proponent shall include in the Odour Management and Mitigation Plan a specific section that addresses the Odour Control Facility component of the undertaking and shall include at minimum:
    1. Standard operating procedures;
    2. Maintenance schedules;
    3. Corrective action measures and other best management practices for ongoing odour control and for potential operational malfunctions;
    4. A schedule for odour testing at the Odour Control Facility and at sensitive receptors; and,
    5. At least one meeting on an annual basis between the proponent and the Regional Director to discuss the plan, its results and any changes that are required to be made to the plan by the Regional Director.
  4. The proponent shall carry out the Odour Management and Mitigation Plan.
  5. The proponent shall prepare and submit twice annually to the Director, Regional Director and SeCAC (if applicable), Odour Management and Mitigation Monitoring Reports beginning six months following the commencement of operation of the undertaking.
  6. The proponent shall include in each of the Odour Management and Mitigation Monitoring Reports submitted in accordance with Condition 9.5, a report on the performance of the technology used for odour control at the Odour Control Facility.
  7. The proponent shall post the Odour Management and Mitigation Monitoring Reports submitted in accordance with Condition 9.5 on the proponent’s web site for the undertaking.

10. Performance management plan

  1. The Regional Municipality of York shall prepare, to the satisfaction of the Regional Director, a Performance Management Plan related to increased water conservation, efficiency, and inflow/infiltration reduction associated with its Water Conservation and Efficiency Strategy, and odour management aspects of the undertaking in consultation with the ministry’s Central Regional Office.
  2. The Performance Management Plan shall be provided to the SeCAC for review prior to submission of the Performance Management Plan to the Regional Director.
  3. The Regional Municipality of York shall submit to the Regional Director the Performance Management Plan within one year of approval of the undertaking.
  4. The Performance Management Plan shall at minimum include:
    1. Annual and five year performance targets for improvements to water conservation, efficiency, reductions in inflow/infiltration, and performance targets for odour management measures particularly at the odour control facility and the air handling facilities;
    2. Dates by when performance targets will be reached; and,
    3. Demonstration that resources are available to achieve the performance targets within the projected timelines.
  5. The proponent shall post the Performance Management Plan submitted in accordance with Condition 10.1 on the proponent’s web site for the undertaking.
  6. The Regional Municipality of York shall carry out the Performance Management Plan.
  7. The Regional Municipality of York shall notify the Regional Director within a reasonable time if it becomes aware that it has or will not meet a performance target identified in the Performance Management Plan.
  8. Within three months of notifying the Regional Director that a performance target for water conservation, efficiency or inflow/infiltration reduction has not or will not be met, the Regional Municipality of York shall submit to the satisfaction of the Regional Director a plan that outlines enhanced initiatives that will be implemented to meet the targets, and the resources available.
  9. Within three months of notifying the Regional Director that a performance target for odour measures has not been met, or within such other time as required by the Regional Director, the Regional Municipality of York shall submit to the satisfaction of the Regional Director a plan to enhance or remediate its odour control measures, and the resources available.
  10. The proponent shall prepare and submit annually to the Director, the Regional Director and SeCAC (if applicable), a Performance Management Monitoring Report beginning one year of the Performance Management Plan being finalized.
  11. The proponent shall post the Performance Management Monitoring Report submitted in accordance with Condition 10.10 on the proponent’s web site for the undertaking.

11. Ambient air monitoring and reporting

  1. The proponent shall prepare, to the satisfaction of the Regional Director, an Ambient Air Monitoring and Reporting Plan for the undertaking in consultation with the ministry’s Central Regional Office.
  2. The proponent shall submit the Ambient Air Monitoring and Reporting Plan to the Regional Director within six months of approval of the undertaking.
  3. The Ambient Air Monitoring and Reporting Plan shall include at minimum:
    1. An ambient air monitoring program with a minimum of five sampling locations including at the Odour Control Facility and at the air handling facilities;
    2. The sampling locations described in Condition 11.3 a) which shall be located within the boundaries of the Southeast Collector Trunk Sewer right of way and/or at sensitive receptors in the communities adjacent to the boundaries of the Southeast Collector Trunk Sewer right of way. Siting of the locations shall be done in accordance with the ministry’s Operations Manual for Air Quality Monitoring in Ontario, March 2008;
    3. The proposed start date and frequency of the ambient air monitoring and reporting to be carried out;
    4. The contaminants that shall be monitored as part of the Ambient Air Monitoring and Reporting Plan; and,
    5. At least one meeting on an annual basis between the proponent and the Regional Director to discuss the plan, its results and any changes that are required to be made to the plan by the Regional Director.
  4. The ambient air monitoring program set out in the Ambient Air Monitoring and Reporting Plan shall commence upon a date determined by the Regional Director and shall continue until such date as the Regional Director determines and notifies the proponent in writing that the Ambient Air Monitoring Program is no longer required.
  5. The proponent shall report the results of the ambient air monitoring program to the Regional Director and SeCAC (if applicable) in accordance with the Ambient Air Monitoring and Reporting Plan.
  6. Audits will be conducted by the ministry, as outlined in the ministry’s Audit Manual for Air Quality Monitoring in Ontario, March 2008 to confirm that siting and performance criteria are met. The proponent shall implement any recommendations on siting and performance criteria set out in the audit report(s). Such recommendations are to be implemented within three months of each audit report being provided to the proponent by the ministry.
  7. The proponent shall post the Ambient Air Monitoring and Reporting Plan and the results of the ambient air monitoring program submitted in accordance with condition 11.1 and 11.5 on the proponent’s web site for the undertaking.

12. Groundwater and surface water monitoring

  1. The proponent shall prepare and submit a Monitoring and Mitigation Plan as part of its application for any Permit to Take Water that is required for dewatering purposes.
  2. Prior to the submission of any Permit to Take Water application that is required for dewatering purposes, the proponent shall post the Monitoring and Mitigation Plan on the proponent’s web site for the undertaking for a period of thirty days for review and public comment. The proponent shall take any submissions received into consideration.
  3. Any monitoring reports prepared by the proponent that may be required in any Permit to Take Water shall be made publicly available on the proponent’s web site for the undertaking.

13. Bob Hunter Memorial Park

  1. The proponent shall use tunnel boring machine equipment in earth pressure balance mode to construct the Southeast Collector Trunk Sewer between Shaft 11 and Shaft 12 as illustrated in Appendix A of this Notice of Approval.
  2. The proponent shall construct the Southeast Collector Trunk Sewer between Shaft 11 and Shaft 12 as illustrated in Appendix A of this Notice of Approval wholly within the 14th existing roadway owned by the Regional Municipality of York.
  3. The proponent shall continue to work with interested stakeholders including the Toronto and Region Conservation Authority, the Rouge Park Alliance, the Town of Markham, and the family of Bob Hunter on any refinements to the proposed enhancements described in the environmental assessment.
  4. The proponent shall prepare to the Regional Director’s satisfaction a Bob Hunter Memorial Park Enhancement Plan. The plan shall include, at a minimum:
    1. Details of the enhancements proposed for Bob Hunter Memorial Park including any proposed trail systems; and,
    2. Timelines outlining when the proposed enhancements will be implemented.

    The Bob Hunter Memorial Park Enhancement Plan shall be submitted to the Regional Director within six months of approval of the undertaking.

  5. The proponent shall prepare and submit annually to the Director, Regional Director, and SeCAC (if applicable), Bob Hunter Memorial Park Enhancement Plan compliance reports as required by Condition 5.1.
  6. The proponent shall post the Bob Hunter Memorial Park Enhancement Plan on the proponent’s web site for the undertaking.

Dated the 11th day of March 2010 at Toronto

Original signed by:
Minister of the Environment
77 Wellesley Street West, Ferguson Block, 11th floor
Toronto, Ontario
M7A 2T5

Approved by O.C. number: 440/2010
Date O.C. approved: March 31, 2010