HomeMy WebLinkAboutKIN 93 080 Agree/PUC - Ld Use
.
.
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1993-80
A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT FOR USE OF
LANDS WITH THE KINCARDINE PUC
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it advisable to enter into an agreement with
the Kincardine PUC for the use of lands owned by the Kincardine
PUC, at the Valentine Avenue Landfill Site in order that weigh
scales may be installed.
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. That The corporation of the Town of Kincardine enter into
an agreement with the Kincardine PUC for the use of lands
owned by the Kincardine PUC, at the Valentine Avenue
Landfill Site for buffer purposes.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with the Kincardine PUC which is attached to
this by-law and to affix the Town's corporate seal as and
when required.
3. This by-law shall come into full force and effect upon
its final passage.
4. By-Law Number 1993-68, be and the same, is hereby
repealed.
5. This by-law may be cited as the "Kincardine PUC
Landfill Buffer Zone Lease By-Law.
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 16th
day of December, 1993.
~
~
Mayor
~~
Clerk
4.
page 2
The Town shall pay an annual rental fee to the
Kincardine P.u.c. representing 8% (eight per cent) of
the purchase price assigned to that portion of the
land at the time the Kincardine P.u.c. purchased the
lands from the previous owner. Such rental fee to be
paid in advance on the 1st day of each calendar year.
The Town shall be responsible for all survey and legal
costs resulting from this agreement.
6. During the period of post-closure, the P.U.c. may use
the land for storage purposes subject to any necessary
regulatory limitations and conditions imposed by
the M.O.E.E..
.
5.
7. This Agreement shall enure to the benefit of and be
binding on the respective heirs, executors,
administrators, successors and assigns of the parties
hereto (and shall run with the said land owned by the
parties) .
IN WITNESS WHEREOF the parties hereto have hereunto
their corporate seals attested by the hands of their
authorized officers.
set
duly
SIGNED, SEALED AND DELIVERED
in the presence of
)
) THE CORPORATION OF THE TOWN
) OF KINCARDINE
}
~~¿~~~
) Mayor - Charl~~. Män~ :_
) :,', -, ,<:
} ~ ~ ~ --~ --:---..-
~ :'~~':-, ~ ,,',":,,'
) ~- «.:- ,~'-~----: ~-,,-
) ././/./~Å--:I_'>'-~<
) Clerk - Maureen A. Couture
)
)
)
)
)
)
)
)
)
)
)
)
KINCARDINE PUBLIC UTILI~,,,,
COMMISSION 0-"'::-:_''''''<' .
chair -~~:;~:;,..
7Út~
Secretary - Hartley Watson
.
·.
(i
.
~
"
t,;;
~
^-
'>
"
l-J
o.J
:<.
.~
t;
n. _~"_ ..
.-. - - -.-
SCHEDULE "A"
BRUCe: ..; v.r
........ .. ....- - -
-.- _.'..'-'"
SCHEDULE "A"
TOWN OF
KINCARDINE PUC
PROPERTY REQUIREMENTS:
0.31 ho. KINCARDINE PUC
(0.31 ho. BUFFER ZONE)
124m
EXISTING
LANDFILL SITE
PROPERTY
%
SE\~ BY:CRA-WATERLOO/2
.~. Environment
- " Onlano
;12-14-
M.O.E. PoliCY Manual
SCHEDULE "Bn
-¡
POLICY TITLE
LAND USE ON OR NEAR LANDFILLS AND DUMPS
NO.
07-07-01
.
Legislative Authority
"'I- 4- / - !-1' ¿J é Cc' /t-.a ~>Iq
the Environmental Protection Act. Part V
Ontario Regulation 30~
the Planning Act, Sections 2(e), 2(h)
.
Statement of Principles
This policy provides guidelines for MaE staff reviewing proposals for land use
on or near operating and non-operating landfills and dumps, as defined in
Regulation 309, regardless of ownership. This policy Is written to complement
the Ministry's .batement programs.
DEFINITIONS
Land Use
Any existing or proposed activity, structure,
service, facility. or natural feature, either
. at, above, or below grade, which conforms to
an approved. municipal plan.
Land Used for Waste
Disposal Purposes
The land comprising the fill are. where
l,ndfill;ng or dumping has occurred, and the
land identified in a certificate of approval
which is being used for the leachate buffer
area and/or the gas buffer are..
.
Novober 1987
Point of Contact
Approvals Branch
Effective Date
November 18, 1987
....
.
SENT BY:CRA-WATERLOO/2
.
~
.
;12-14-93 3:52PM
CRA-WATERLOO/2'"
1 519 396 8288;# 3/ 9
.-
07-07-02
Sensitive Land Use
A land use where man or the natura'
environment may experience an adverse
environmental effect from an incompatible
land us..
~
Fill Area
The area of & waste disposal site set aside
for landfilllng or dumping.
Per i phera 1 Area
The area controlled b~ the applicant between
the boundary of the waste'disposal site and
the fill aria. Together the peripheral area
and the fill area make up the waste disposal
site. The peripheral area will contain the
buffer areas required to be on site.
CONCEPTUAL DIAGRAM NO. 1
(Plan View)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX "'a
XXX XXX
XXX XXX 80
XXX XXX (L
XXX XXX
XXX XXX ~e
XXX
XXX XXX (D
XXX . XXX wh
XXX XXX wi
XXX XXX
XXX XXX ~
XXX
XXX XXX
XXX XXX .
XXX XX
XXX XXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
ste Disposal Site
undary
i.its Specified on C of A)
r;meter of Fill Area
efines the area within
1ch waste has been or
11 be deposited)
111 Area
eripheral Area
LAtIIFI Ll OR D....
November 19B7
SENT BY:CRA-WATERLOO/2
~
;12-14-83 3:52PM
1 518 386 8288;# 41 8
1. Policy Objective
.
Z. Application
2.1 General
2.2
~Uid Industrial
an Hazardous
Waste
2.3 MaE Involvement
3. Overlll Responsibility
.
CRA-WATERLOO/2'"'
07-07-03
The objective of this policy is to protect
the health, safety, convenience. and welfare
of residents from potential adverse
environmental effects of landfills and dumps,
by restricting or controlling land use.
This policy applies to all proposals for land
use on or near operating and non-operating
landfills and dumps, which contain or
contained municipal dOMestic waste, '
industrial solid waste and/or sewage sludges.
This policy does not apply to lands certified
as organic soil conditioning sites under
Regulation 309.
For landfills and dumps that have ,accepted
liquid industrial. toxic, or hazardous waste,
investigations will be required. and
additional ..asure, beyond those discussed in
this policy may be necessary.
This policy will be used by MaE staff when
reviewing land use proposals, including
official plans and amendments. subdivisions,
condOliniu.s, severances. and zoning by-laws:
(a) at the request of the responsible
Ministry or the delegated approving
authority. under the Planning Act or the
Condominium Act;
(b) for land use requests subject to
Section 45 of the Environmental
Protection Act; and
(c) for undertakings subject to the
Environmental Assess.ent Act.
In the context of this policy, it is the
relpon,ib11ity af the- Ministries of
Env1ronBInt and MuniCipal Affairs to oversee
and advise upon land use proposals, within
their respective ..ndates. to ensure that the
factors set out in Section 4 have been
considered, and that involvements and
commitments in Sections 5 and 6 are carried
out when neclssary.
Nove.ber 1987
SENT BY:CRA-WATERLOO/2
.
~
.
"
;12-14-93 3:53PM
1 519 396 8288;# 5/ 9
3.1 Landfill or Dump
3.2 land Use
3.2.1
Near land Used or
to be Used for
Waste []1SPosa 1
Purposes
3.2.2
On Land Used for
Waste Disposal
Purposes
4. MaE EnviroßMental
Considerations
4.1 Operatinq Sites
CRA-WATERLOO/2-¡
07-07-04
Staff will ensure that the operator and/or
owner of an operating and non-operating site
comply with MaE requirements for the control
of adverse environmental effects of the
landfill or dump.
Staff will expect the developer and the
municipality to fulfill their responsibility
to protect public health and safety in areas
of land use near a landfill or dump. and to
prevent .ajor proble.s with nuisance effects
which may extend beyond the landfill or
dump.
Where a land use proposal Is submitted for
approval under Section 45 of the
Environ.ental Protection Act, staff must be
assured by the developer and the Municipality
that the proposal contains adequate leasures
for the protection of public health and
safety, to facilitate a recommendation to the
Minister.
Wher. an approval under EPA Section 45 is not
required from the Minister of the
Envi ron.ent , Section 3.2.1 of this policy
applies.
Factors to be considered when land use is
proposed near an operating site include
landfill generated gases, ground and surface
water contamination by leachate, odour.
litter. traffic. visual impact. dust. noIse.
other air ..isslons. fires¡ surface run-off.
vectors end vermin. Particular attention
shall be given to the production and
migration of aethan. ges.
November 1987
SENT BY:QRA-WATERLOO/2
,
;12-14-93 3:54PM
CRA-WATERLOO/2~
1 519 396 8288;# 6/ 9
i
4:2 Non-operatino
Sites
-
.
4.3 Assessllent
!'
\
, I'
..
. ..
5. Land Use Considerations
5.1 General
"
5.1.1
Sensitive Land Use
f
.
07-07-05
Factors to be considered when land use is
proposed on or near a non-operating site
include leachate, surface run-off, ground
sett lment. vi lual illpact. soil ,
contallination/hazardous waste and landfill
generated gases. Particular attention should
be given to the production and .igrat1on of
..thane gas.
The adverse environmental effects of the
factors 1n 4.1 and 4.2 MaY create:
~
. (a) a haZ4rd or health/safety rls~;
(b) a nuisance to .ani and/or
(c) degradati~n of the natural enviroPm8nt.
The overall extent, nWlber,'dlgree, and
frequency of adverse environmental effects
can vary with each site. Consideration Must
be given to the nature of proposed land
use(s).
Reference should be ..de to the 'Ministry's
guideline entitled ·Assessing'Methane Hazards
FrGI Landfill Sites· if particular site
conditions warrant obtaining further
tnfonaation.
MDE will nonaally recOMmend against proposals
for sensitive land use adjacent to operating
landfills and dumps, and land used for waste
disposal purpOSeS where there Irt completed
or partially cOMpleted fill areas.
Where land uses are prvposed for approval
under Section 45 of the Environaental
Protection Act, the Ministry nOY'l\llly will
not pe~it residential and other sensitive
land use.
Novelllber 19S7
SE"~ BY:CRA-WATERLOO/2
" .
.
.
;12-14-93 3:55PM
1 519 396 8288;# 7/ 9
5'.1.2
~j~r
nV1ronmental
Impacts
5.1.3
Sequential
Development
5.2 Land Use Within
3D II of a Fill
Area
-
5.2.1
Operating Sites
5.2.2 ,
Non-Qperatin;
Sites
-
5.3 Land Use Within
SOD.. of a f111
Area
CRA-WATERLOO/2-¡
07-07-06
MaE will recommend against land use where no
feasible r...dial measures have been
incorporated to prevent adv.rs~ environmental'
effects from having a significant impact on
the proposed land use.
-
In considering long range planning, MaE MaY
recommend that certain types of land use be
phased to coincide with closure of sections
of a landfill or dump, or the operation
itself, as nuisance effects are reduced or
eliminated. This approaCh will only apply
where no risks to health or safety are
present.
No land use -.y take place within 30 metres
of the peri.eter of . fill area. This is a
.inilUm distance.
.,
Where t.chnicel controls for leachate, or
l.achate and gas are required surrounding a
fill area, no land use ..y take place within
30 utres of Its p.ri..t.r. This distance
eay b. reduced to 2D ..tres where only gas
controls ar. n.ceua~..
MOE consid.rs the ~st significant adverse
enviro~ntal effects to be normally within
500 IIttres of the periuter of a fi 11 area.
Staff will ensure that the developer has
evaluated the presence and i.pact of any
adv.rse environMental effects Or risks to
health and safety and that necessary remedial
...sures are taken when land use proposals
are within thhi distance. ' This assess.ent
ahould be based on the nature and knowledge
of the disposal sit., and the nature of land
use(s) proposed. The actual influ.nce areas
(eigration ranges) for the considerations
listed in Sections 4.1 and 4.2 of this policy
will vary with the indIvidual landfill or
dump.
Nov.mber 1987
SENT,BY:CRA-WATERLOO/2
.' .
,
.
.
.
;12-14-93 3:55PM
CRA-WATERLOO/2~
1 519 396 8288;# 8/
07-07-07
5.4
Land Use Be~
500 .. of a 1 .
Area
-
In exceptional hydrogeologic situations such·
as arias of fractured rock or sand. MOE staff
will recoa.end that hydrogeologic and/or
engineering studies be carried out for land
use proposals beyond 500 metres of a fill
area, where it is anticipated that leachate
or gas could .igrate beyond 500 metres and
pose a problem.
~ .. . J"
5.5 Hydrogeologicl
Engineering
Studies
. '"
,"
'. ..,'
,
5.5.1
Respons ibl l1ty
.:' - ..' .~. ~
Where the hydrogeologiC and geologic setting
of the developer's prDperty and the inter-
relationship with gas and/or leachate from
the fill.rea are unknown, staff will ensure
that the developer engages a qualified
hydrogeologist and/or engineer to detel'llline
the subsurface' cond 1 t ions and, where
necessary, proþose r...dial lIeasures.
. ; ~. ;..' '~':"_'T.
5.5.2
Except ions
A formal site investigation normally will not
be required where MOE is satisfied that the
evaluation of existing data'indlcate' the
absence' of . probl...
6. ContrDls and Monitoring
for Adverse
Environmental Effects
6.1 Implementation
ResponsiÞ11ity
6.1.1
Deve 1 oper'
Staff will ensure that, where 'necessary,
control ..asures are proposed by the
developer and/or his 'consultant. These
..asures include design details and
specifications of any device or facility.
November 1987
SEI>JT BY:CRA-WATERLOO/2
;12-14-53 3:56PM
CRA-WATERLOO/2-¡
1 515 356 8288;# 51 5
(
" þ
01-01-08
.
"\.
6.1.2
Municipality
Staff will confirm with the local municipal
authority that the local IUnicipal authority
1$ responsible for insuring that proper
control Rasures .re--illJÌlemented and
monitored. and that periodic inspections of
both operating and non-operating landfills
and dumps for contaminant .igratlon and
potential hazards are undertaken.
.
6.1.3
~
Where appropriate~ MaE staff wi11 recommend,
as a condition of dev.lopnent approval, that
controls be included to deal with adverse
environ.ental effacts or risks to health or
safety and that monitoring of contaminant
migrations and inspections of control
facilities be carried out.
.
'".c:! ....
:~...:' ~ ~~. :_- .
6.Z Monitoring on
Prlvate Property
Where monitoring and inspections will be
required on private property, staff will
rec~end that a contract be executed between
the developer and the MUnicipality, in the
form of, or part of. art ..gre..ent that may be
registered on title and run with the land.
".'
!
6.3 Buffering
TechniQues
"
One or a ÇØlbination of buffers Is'defined in
I«)E Po1iQ' 07-03 "Land Use COIIIpatibl1 ity" Illy
b. ..ployed in a given situatíon.
,. . ....~ . r.. ....
..-.-..-
0,
,--
.,'n':...":.' .
.~_.._- .
November 19B1
.
.
.
This AGREEMENT made this
day of December, 1993.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
KINCARDINE PUBLIC UTILITIES COMMISSION
herinafter called the "PUc"
of the Second Part.
WHEREAS the Town requires a long term lease for landfill
buffer zone purposes at its Valentine Avenue Landfill site;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in considera-
tion of other good and valuable consideration and the sum
of ONE DOLLARS ($1.00) of lawful money of Canada, now paid
by each of the two parties hereto, (the receipt whereof is
hereby acknowledged) the parties hereto covenant, promise
and agree with each other as follows:
DEFINITIONS
a) "Landfill Site Closure" - shall mean the cessation of
active landfilling.
b) "Regulatory Limitations and Conditions· 1993
regulations attached as Schedule "B" outlined in
Ministry of the Environment Lands Use Policy.
1. The Town may use that portion of the PUC lot on Bruce
Avenue between the existing south fence and the south
lot line Outlined by the darkest black line on
Schedule "A" attached hereto) as a landfill
buffer zone only.
2. The Town shall not use these lands for active
landfilling operations.
3. The Town shall have use of the land as a landfill site
buffer zone, and shall be obligated to terminate the
lease on the earlier of:
a) Ninety-nine (99) years from the date of this
agreement; or
b)
the date when all landfill site post-closing
requirements and regulations have been met to the
satisfaction of the existing government
regulatory bodies at that time.
../2