Application Assessment…

Application Assessment Officer Ministry of the Environment, Conservation and Parks Operations Division Environmental Approvals Access and Service Integration Branch Application Assessment Unit 135 St. Clair Avenue West, Floor 1 Toronto, Ontario M4V 1P5 RE: MUNICIPAL COMMENTS EBR Registry #: 013-3489; 013-3541; and 013-3542 Ministry Reference #: 0348-B2DRRE; 4959-B2DRN2; and 5548-B2DRST Simtor Environmental Ltd. 113 Warren Road, Whitby, Ontario ------------------------------------------- On behalf of the Town of Whitby, please accept this letter as Town staff’s comments to the above-captioned EBR Registry postings, involving requests from Simtor Environmental Ltd. (“Simtor”) for an amended Environmental Compliance Approval regarding EPA Part II.1 – Waste, and new Environmental Compliance Approvals regarding EPA Part II.1 – Air and EPA Part II.1 – Sewage for Simtor’s property at 113 Warren Road, Whitby, Ontario (the “Property”). Based on the information presented in the EBR postings, Town staff are of the opinion that the applications are premature for the Ministry to consider at this time, and should either be denied or subject to conditions to obtain the appropriate municipal and agency approvals as noted below. With regards to the requested approval for industrial stormwater management works, the Town notes that the proposed area for these works, including the Property, is located within the jurisdiction of the Central Lake Ontario Conservation Authority (“CLOCA”), and is located within a Special Policy Area for the adjacent Corbett Creek. As such, before any approvals are granted by the Ministry, Simtor should be required to obtain the necessary permits from CLOCA for any proposed site alteration or development works on the Property and within any floodplain area. Town staff are also seriously concerned with the requested approval to expand the use of the Property into what appears to be a primary use as a waste transfer/disposal facility and salvage yard (with resulting waste and airborne particulate concerns). The Property is zoned as Restricted Industrial Zone (M2) in the Town’s Zoning By-law 2585. The proposed expansion of uses noted in the EBR postings is not permitted under the current M2 zoning for the Property. Simtor will therefore require a Zoning By-law Amendment in order to permit such uses. In addition, the proposed uses in the EBR postings represent a change to the historical uses on the Property that were previously considered by Town Council in 1994 as part of an Environmental Compliance Approval review. Accordingly, Town staff are of the opinion that the new use of the Property as primarily a waste transfer/disposal facility does not conform with the Town’s Official Plan. The Property is designated as General Industrial and Major Open Space within the Town’s Official Plan, which does not allow for the Property to be primarily used as a waste transfer/disposal facility. Section 5.3.12 of the Town’s Official Plan states as follows: “5.3.12 Waste Management 5.3.12.1 Waste disposal facilities involving the processing and/or transfer of waste may be permitted within the General Industrial designation as an accessory use to a permitted primary use, subject to Provincial approvals under the Environmental Protection Act. 5.3.12.2 An amendment to this Plan shall be required for any new solid waste disposal facility, involving landfill, incineration, and/or an on-site garbage grinder. Where an application is made to amend this Plan, the proponent shall demonstrate through the applicable studies that the proposal would not adversely affect the community in terms of noise, dust, traffic, odour, visual impacts, and negative impacts to ground and surface water; as well as other social, economic, and environmental impact deemed relevant by the Municipality. In addition, the proponent must satisfy the requirements of all applicable legislation, as well as the Durham Regional Official Plan, and may be required to enter into an agreement with the Municipality to deal with such matters as infrastructure improvement, landscaping, or other mitigative measures. 5.3.12.3 New waste disposal facilities, other than those outlined in Sections 5.3.12.1 and 5.3.12.2, shall not be permitted.” As such, Simtor will likely require an amendment to the Town’s Official Plan in order to allow the uses described in its EBR postings. A successful site plan application may also be required to permit such uses. The Property has also been the subject of a previous non-compliance order in 2017 (Ministry Order # 6825-ASBK5G), as well as investigations from local by-law enforcement. The Town is concerned that the previous history of non-compliance from Simtor is an example of poor environmental stewardship that will not be improved through expanded environmental approvals from the Ministry. As such, the Town requests that Simtor’s prior compliance history be considered carefully by the Ministry prior to granting any additional environmental approvals for the Property. Thank you for considering Town staff’s comments in this matter. Should you have any further questions, or require additional information, please contact the undersigned. Sincerely, Warren Mar, Commissioner of Legal and By-law Services/Town Solicitor The Corporation of the Town of Whitby