Motion M2015-004

Waste Management

Whereas the DenbighTownhall letter of October 30, 2014 states:

“Furthermore, in her response Ms. Dagg-Foster states:

“Regulation 232/98 of the EPA requires that a surface water and groundwater monitoring program is carried out a landfill site.”

However, Regulation 232/98 states:

“2.  (1)  This Regulation applies to the following landfilling sites:

1. Every landfilling site that comes into existence on or after August 1, 1998 and that is intended at the time it comes into existence to have a total waste disposal volume of more than 40,000 cubic metres and to accept only municipal waste for disposal.

Every landfilling site for which an alteration, enlargement or extension is proposed on or after August 1, 1998 that involves an increase in the site’s total waste disposal volume, if the site is intended after the alteration, enlargement or extension to have a total waste disposal volume of more than 40,000 cubic metres and to accept only municipal waste for disposal. O. Reg. 232/98, s. 2 (1).

(2)  Subsection (1) does not apply with respect to a landfilling site in respect of which an application for a certificate of approval has been received by the Director under Part V of the Act before August 1,

1998, unless the operator or owner of the landfilling site gives written notice to the Director that the operator or owner wants this Regulation to apply. O. Reg. 232/98, s. 2 (2).”

The bolded portions of the regulation clearly state that the regulation applies only after August 1,1998 and only to waste sites whose capacity is, or will become, greater than 40,000 cubic metres unless the operator gives written notice requesting that the regulation apply. All of Addington Highlands Certificates of Approval pre-date 1998 by many years;

and Whereas the DenbighTownhall letter of October 30, 2014 states:

Furthermore, in her response Ms. Dagg-Foster states:

“Regulation 232/98 of the EPA requires that a surface water and groundwater monitoring program is carried out a landfill site.”

and Whereas Mr Peter Taylor's response of November 20, 2014 states:

“You are correct that Ontario Regulation 232/98 (landfills) only applies to certain classes of landfills. However, irrespective of whether Regulation 232/98 applies to landfills operating in the Township of Addington Highlands or whether the Environmental Compliance Approvals for the landfills stipulate monitoring conditions, the MOECC wants to make sure all landfills are not having an adverse impact on the environment contrary to the general provisions of the Environmental Protection Act (S 14) or impairing the quality of any waters in Ontario contrary to the general provisions of the Ontario Water Resources Act (S 30). In order to ensure this environmental monitoring is typically required at landfill sites.”;

and Whereas Mr. Taylor's letter concurs with the Denbigh Townhall's position that Ms. Dagg-Foster's statement is incorrect;

and Whereas Mr. Taylor's letter states that “the MOECC wants to make sure...”;

and Whereas Mr. Taylor indicates that the MOECC has no legislative authority to compel Addington Highlands to undertake water sampling at its waste sites;

and Whereas the MOECC has clearly not informed of the fact that water sampling is not compulsory;

and Whereas once an Environmental Compliance Certificate ( formerly Certificate of Approval ) is modified to include water samplng, the water sampling becomes legally binding;

and Whereas said water sampling is now costing in excess of $70,000 per year;

and Whereas it was not necessary for Addington Highlands to assume said cost;

now therefore be it Resolved that the Denbigh Townhall request a joint meeting with the Addington Highlands Council to discuss the matter of water sampling at township waste sites.

Passed with 2/3 majority.