Loading...
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 By-Law Number 1993-68, be and the same, is hereby repealed. 5.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