Item - 2012.PW18.1

Tracking Status

PW18.1 - Sewers By-law Administration - Response to Request for Information

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on November 27, 28 and 29, 2012, adopted the following: 

 

1.         City Council approve the proposed changes to the City's industrial waste surcharge program, including the addition of Total Kjeldahl Nitrogen (TKN) as a treatable parameter, the introduction of new rates for treatable parameters and a new formula for the calculation of fees, as outlined in the report (September 27, 2012) from the General Manager, Toronto Water, subject to the following conditions:

 

a.         the new formula for the calculation of surcharge fees be applied only to the parameter that exceeds the by-law limits the most; and

 

b.         the proposed annual adjustment factors to allow for a gradual transition to full cost recovery over a six-year period not be applied to the new formula.

 

2.         City Council authorize staff to consult with the City's water stakeholders on the feasibility of adding of Hexavalent Chromium as a subject pollutant, under the Sewers By-law for pollution prevention (P2) planning purposes and report back through the appropriate Committee in 2013.

City Council Decision Advice and Other Information

City Council considered Items EX25.9 and PW18.1 together.

Background Information (Committee)

(September 27, 2012) Report from the General Manager, Toronto Water, on Sewers By-law Administration - Response to Request for Information
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-50495.pdf
(September 27, 2012) Appendix A: Over Strength Surcharge Review for City of Toronto, Final Report, dated June, 2012
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-50669.pdf
(September 27, 2012) Appendix B: List of Facilities with a Compliance Program in 2010 and 2011
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-50670.pdf
(September 27, 2012) Appendix C: Summary of Waste Discharged above By-law Limits through Industrial Waste Surcharge Agreements for 2010 and 2011
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-50671.pdf

Communications (Committee)

(October 10, 2012) Letter from Peter Stevens, Vice President, Supply Chain-Canada, Campbell Company of Canada (PW.New.PW18.1.1)

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Mike Layton (Lost)

That City Council delete Public Works and Infrastructure Committee Recommendation 1:

 

Recommendation to be deleted:

 

1.         City Council approve the proposed changes to the City's industrial waste surcharge program, including the addition of Total Kjeldahl Nitrogen (TKN) as a treatable parameter, the introduction of new rates for treatable parameters and a new formula for the calculation of fees, as outlined in the report (September 27, 2012) from the General Manager, Toronto Water, subject to the following conditions:

 

a.         the new formula for the calculation of surcharge fees be applied only to the parameter that exceeds the by-law limits the most; and

 

b.         the proposed annual adjustment factors to allow for a gradual transition to full cost recovery over a six-year period not be applied to the new formula.

Vote (Amend Item) Nov-29-2012 11:19 AM

Result: Lost Majority Required - PW18.1 - Layton 1 - motion 1
Total members that voted Yes: 18 Members that voted Yes are Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Mary Fragedakis, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 22 Members that voted No are Paul Ainslie, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, David Shiner, Karen Stintz, Michael Thompson
Total members that were Absent: 5 Members that were absent are Michelle Berardinetti, Paula Fletcher, Giorgio Mammoliti, Ron Moeser, Anthony Perruzza

Motion to Adopt Item (Carried)

Vote (Adopt Item) Nov-29-2012 11:22 AM

Result: Carried Majority Required - PW18.1 - Adopt the item
Total members that voted Yes: 28 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 11 Members that voted No are Shelley Carroll, Glenn De Baeremaeker, Sarah Doucette, John Filion, Mary Fragedakis, Mike Layton, Josh Matlow, Pam McConnell, Joe Mihevc, Gord Perks, Adam Vaughan
Total members that were Absent: 6 Members that were absent are Michelle Berardinetti, Paula Fletcher, Doug Ford, Giorgio Mammoliti, Ron Moeser, Anthony Perruzza

PW18.1 - Sewers By-law Administration - Response to Request for Information

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Public Works and Infrastructure Committee recommends that:

 

1.         City Council approve the proposed changes to the City's industrial waste surcharge program, including the addition of Total Kjeldahl Nitrogen (TKN) as a treatable parameter, the introduction of new rates for treatable parameters and a new formula for the calculation of fees, as outlined in the report (September 27, 2012) from the General Manager, Toronto Water, subject to the following conditions:

 

a.         the new formula for the calculation of surcharge fees be applied only to the parameter that exceeds the by-law limits the most; and

 

b.         the proposed annual adjustment factors to allow for a gradual transition to full cost recovery over a six-year period not be applied to the new formula.

 

2.         City Council authorize staff to consult with the City's water stakeholders on the feasibility of adding of Hexavalent Chromium as a subject pollutant, under the Sewers By-law for pollution prevention (P2) planning purposes and report back through the appropriate Committee in 2013.

Decision Advice and Other Information

The Public Works and Infrastructure Committee requested that:

 

1.         The report (September 27, 2012) from the General Manager, Toronto Water,  be forwarded to the Budget Committee for its meeting on November 7, 2012, to be considered concurrently with the 2013 Water and Wastewater Rates and Service Fees report and Toronto Water's 2013 Operating Budget, along with the appropriate recommendations to amend the Municipal Code, as detailed in this report.

 

2.         The General Manager, Toronto Water, report back to the Public Works and Infrastructure Committee on examples of successful P2 reductions made since the P2 program started and which sectors have not been successful in implementing P2 and recommendations for improving the success of P2 plans.

Origin

(September 27, 2012) Report from the General Manager, Toronto Water

Summary

The purpose of this report is to respond to a request from the Public Works and Infrastructure Committee for additional information on several specific items relating to the administration of the Sewers By-law.

 

The report also describes proposed changes to the City's industrial waste surcharge program including the addition of Total Kjeldahl Nitrogen (TKN) as a treatable parameter, the introduction of new rates for treatable parameters and a new formula for the calculation of fees.  It further seeks authority for staff to consult with water stakeholders on the feasibility of adding hexavalent chromium as a subject pollutant, under the Sewers By-law for pollution prevention (P2) planning purposes.

Background Information

(September 27, 2012) Report from the General Manager, Toronto Water, on Sewers By-law Administration - Response to Request for Information
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-50495.pdf
(September 27, 2012) Appendix A: Over Strength Surcharge Review for City of Toronto, Final Report, dated June, 2012
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-50669.pdf
(September 27, 2012) Appendix B: List of Facilities with a Compliance Program in 2010 and 2011
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-50670.pdf
(September 27, 2012) Appendix C: Summary of Waste Discharged above By-law Limits through Industrial Waste Surcharge Agreements for 2010 and 2011
https://www.toronto.ca/legdocs/mmis/2012/pw/bgrd/backgroundfile-50671.pdf

Communications

(October 10, 2012) Letter from Peter Stevens, Vice President, Supply Chain-Canada, Campbell Company of Canada (PW.New.PW18.1.1)

Speakers

Todd Kostal, Atlantic Packaging Products Ltd.
Paul Scrivener, Director of External Affairs, Toronto Industry Network
Fatima Correia, Environmental Manager, Atlantic Packaging Products Ltd.
Phil Guglielmi, Refinery Manager, Redpath Sugar
Councillor Janet Davis

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Mark Grimes (Carried)

That Recommendation 1. in the report (September 27, 2012) from the General Manager, Toronto Water, be amended to read as follows:

 

 1.        City Council approve the proposed changes to the City's industrial waste surcharge program, including the addition of Total Kjeldahl Nitrogen (TKN) as a treatable parameter, the introduction of new rates for treatable parameters and a new formula for the calculation of fees, as outlined in this report, subject to the following conditions:

 

a.         the new formula for the calculation of surcharge fees be applied only to the parameter that exceeds the by-law limits the most; and

 

b.        the proposed annual adjustment factors to allow for a gradual transition to full cost recovery over a six-year period not be applied to the new formula.

Vote (Amend Item (Additional)) Oct-11-2012

Result: Carried Majority Required
Total members that voted Yes: 3 Members that voted Yes are Mark Grimes, Denzil Minnan-Wong (Chair), John Parker
Total members that voted No: 2 Members that voted No are Mike Layton, Gord Perks
Total members that were Absent: 1 Members that were absent are David Shiner

2 - Motion to Amend Item (Additional) moved by Councillor Gord Perks (Lost)

That the General Manager, Toronto Water, be requested to report to a future meeting of the Public Works and Infrastructure Committee on implementing mandatory P2 plans for "high potential" and "poor performing" companies.

Vote (Amend Item (Additional)) Oct-11-2012

Result: Lost Majority Required
Total members that voted Yes: 2 Members that voted Yes are Mike Layton, Gord Perks
Total members that voted No: 3 Members that voted No are Mark Grimes, Denzil Minnan-Wong (Chair), John Parker
Total members that were Absent: 1 Members that were absent are David Shiner

3 - Motion to Amend Item (Additional) moved by Councillor Mike Layton (Carried)

That the General Manager, Toronto Water, be requested to report back to the Public Works and Infrastructure Committee on examples of successful P2 reductions made since the P2 program started and which sectors have not been successful in implementing P2 and recommendations for improving the success of P2 plans.

Vote (Amend Item (Additional)) Oct-11-2012

Result: Carried Majority Required
Total members that voted Yes: 5 Members that voted Yes are Mark Grimes, Mike Layton, Denzil Minnan-Wong (Chair), John Parker, Gord Perks
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are David Shiner

4 - Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Oct-11-2012

Result: Carried Majority Required
Total members that voted Yes: 3 Members that voted Yes are Mark Grimes, Denzil Minnan-Wong (Chair), John Parker
Total members that voted No: 2 Members that voted No are Mike Layton, Gord Perks
Total members that were Absent: 1 Members that were absent are David Shiner

5 - Motion to Re-open Item moved by Councillor Denzil Minnan-Wong (Carried)

6 - Motion to Amend Item moved by Councillor Denzil Minnan-Wong (Carried)

That Recommendation 3. in the report (September 27, 2012) from the General Manager, Toronto Water, be amended to read as follows:

 

3.         Recommendations 1 and 2, along with this report, be referred to the Budget Committee for its meeting on November 7, 2012, to be considered concurrently with the 2013 Water and Wastewater Rates and Service Fees report and Toronto Water's 2013 Operating Budget, along with the appropriate recommendations to amend the Municipal Code, as detailed in this report.


7 - Motion to Adopt Item as Amended (Carried)
Source: Toronto City Clerk at www.toronto.ca/council