Item - 2013.PW25.6

Tracking Status

  • City Council adopted this item on November 13, 2013 without amendments and without debate.
  • City Council considered this item on October 8, 2013 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • This item was considered by Public Works and Infrastructure Committee on September 20, 2013 and was adopted with amendments. It will be considered by City Council on October 8, 2013.

PW25.6 - Highland Creek Wastewater Treatment Plant Biosolids Management Update

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on November 13, 14, 15 and 18, 2013, adopted the following:

 

1.         City Council approve the preparation of a Schedule B Class Environmental Assessment (Class EA) that will examine all reasonable and feasible biosolids management alternatives for the Highland Creek Wastewater Treatment Plant.

 

2.         City Council direct Toronto Water to issue and award a Request for Proposal for the preparation of the Class EA that includes the Scope of Work set out in Attachment 2 to the report (September 11, 2013) from the General Manager, Toronto Water, jointly prepared with the input of Toronto Public Health and Environment and Energy Office.

 

3.         City Council request the General Manager, Toronto Water, to ensure that all regular public meetings of the Highland Creek Treatment Plant Neighbourhood Liaison Committee are held in a suitable public venue readily accessible to area residents including by public transportation, and that they are advertised, prior to them being held, in a timely manner on the City of Toronto's website.

 

4.         City Council direct the General Manager, Toronto Water, to post the Terms of Reference for the Highland Creek Neighbourhood Liaison Committee on the Toronto Water portion of the City of Toronto website.

 

5.         City Council direct that the public notices for any community consultation regardless of their format and distribution clearly state all options being examined for disposal of biosolids at the Highland Creek Wastewater Treatment Plant.

 

6.         City Council request the General Manager, Toronto Water, to regularly review the Terms of Reference of each of the Neighbourhood Liaison Committees under the purview of Toronto Water and report to the Public Works and Infrastructure Committee with any recommendations for change.

 

7.         City Council receive the report (September 11, 2013) from the City Solicitor for information.

 

8.         City Council direct that the confidential information in Attachment 1 to the report (September 11, 2013) from the City Solicitor remain confidential as it is subject to solicitor-client privilege and concerns potential litigation which affects the City.

 

Confidential Attachment 1 to the report (September 11, 2013) from the City Solicitor remains confidential in its entirety in accordance with the provision of the COTA 2006, as it contains information that is subject to solicitor-client privilege and it concerns potential litigation which affects the City.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege and is about potential litigation that affects the City

Background Information (Committee)

(September 11, 2013) Report from the General Manager, Toronto Water, on Highland Creek Wastewater Treatment Plant Biosolids Management Update
https://www.toronto.ca/legdocs/mmis/2013/pw/bgrd/backgroundfile-61360.pdf
(September 11, 2013) Attachment 1 - Executive Summary of HCTP Biosolids Truck Loading Facility Conceptual Design Report
https://www.toronto.ca/legdocs/mmis/2013/pw/bgrd/backgroundfile-61483.pdf
(September 11, 2013) Attachment 2 - Scope of Work for Highland Creek Wastewater Treatment Plant Biosolids Management Schedule B Environmental Assessment
https://www.toronto.ca/legdocs/mmis/2013/pw/bgrd/backgroundfile-61494.pdf

Communications (Committee)

(September 16, 2013) E-mail from Ron Wootton, Chairman, Coronation Community Association (PW.New.PW25.6.1)
(September 17, 2013) E-mail from Per-Inge and Victoria Schei (PW.New.PW25.6.2)
(September 19, 2013) E-mail from Brian Steen (PW.New.PW25.6.3)
(September 19, 2013) E-mail from Frank Moir (PW.New.PW25.6.4)
(September 19, 2013) E-mail from Alan Park (PW.New.PW25.6.5)
(September 19, 2013) E-mail from Jim Wakefield (PW.New.PW25.6.6)
(September 19, 2013) E-mail from Barbara McElgunn (PW.New.PW25.6.7)
(September 19, 2013) E-mail from Desmond Vandenberg (PW.New.PW25.6.8)
(September 20, 2013) Submission from Karen Buck (PW.New.PW25.6.9)
(September 19, 2013) E-mail from Kimberley Milliard (PW.New.PW25.6.10)
(September 20, 2013) E-mail from Nadia Heyd (PW.New.PW25.6.11)
(September 20, 2013) E-mail from Penelope Corrin (PW.New.PW25.6.12)
(September 20, 2013) Submission from Allen Elias (PW.New.PW25.6.13)

Communications (City Council)

(October 3, 2013) Letter from Bruce and Betty Smith (CC.Supp.PW25.6.14)
(October 4, 2013) E-mail from Barbara McElgunn, Member, Highland Creek Neighbourhood Liaision Committee (CC.Supp.PW25.6.15)
(October 6, 2013) E-mail from Frank Moir (CC.Supp.PW25.6.16)
(October 6, 2013) E-mail from Jim Wakefield, Member, Highland Creek Treatment Plant Neighbourhood Liaison Committee (CC.Supp.PW25.6.17)
(October 6, 2013) E-mail from Austin Jeffries (CC.Supp.PW25.6.18)
(October 5, 2013) E-mail from Paul Lewkowicz (CC.Supp.PW25.6.19)
(October 6, 2013) E-mail from Allen Elias (CC.Supp.PW25.6.20)
(October 5, 2013) E-mail from Ronald J. Wootton, President, Coronation Community Association (CC.Supp.PW25.6.21)
(October 7, 2013) E-mail from Per-Inge and Victoria Schei (CC.Supp.PW25.6.22)
(October 8, 2013) E-mail from Peter Breeden (CC.New.PW25.6.23)
(October 8, 2013) Petition from Councillor Ron Moeser, Ward 44 - Scarborough East, headed "Highland Creek Treatment Plant", containing the names of approximately 1,876 persons - filed during the routine matters portion of the October 8, 9, 10 and 11, 2013 meeting (CC.New)
(November 10, 2013) E-mail from Nancy Wistow and John (Jack) Wistow (CC.Supp.PW25.6.24)
(November 12, 2013) E-mail from Allen Elias, Barbara McElgunn, Jim Wakefield, Victoria and Per Schei, Ron Wootton, President, Coronation Community Association; Highland Creek Neighbourhood Liaison Committee; Jeff Forsyth, Centennial Community and Recreation Association (CC.Supp.PW25.6.25)
(November 12, 2013) E-mail from Karen Heisz (CC.New.PW25.6.26)
(November 13, 2013) Letter from Frank Moir, Resident (CC.New.PW25.6.27)

6a - Highland Creek Wastewater Treatment Plant Biosolids Management Update

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege and is about potential litigation that affects the City
Background Information (Committee)
(September 11, 2013) Report from the City Solicitor on Highland Creek Wastewater Treatment Plant Biosolids Management Update
https://www.toronto.ca/legdocs/mmis/2013/pw/bgrd/backgroundfile-61324.pdf
(September 11, 2013) Confidential Attachment 1 - Highland Creek Wastewater Treatment Plant Biosolids Management Update

PW25.6 - Highland Creek Wastewater Treatment Plant Biosolids Management Update

Decision Type:
ACTION
Status:
Deferred
Wards:
All

City Council Decision

City Council on October 8, 9, 10 and 11, 2013, deferred consideration of Item PW25.6 to the next regular City Council meeting on November 13 and 14, 2013 and directed that it be the first Item after the Mayor's Key Item(s).

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on October 9, 2013, to consider confidential information on this Item as it relates to the receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation that affects the City.  City Council subsequently did not consider this Item in the October 9, 2013 closed session.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege and is about potential litigation that affects the City

Background Information (Committee)

(September 11, 2013) Report from the General Manager, Toronto Water, on Highland Creek Wastewater Treatment Plant Biosolids Management Update
https://www.toronto.ca/legdocs/mmis/2013/pw/bgrd/backgroundfile-61360.pdf
(September 11, 2013) Attachment 1 - Executive Summary of HCTP Biosolids Truck Loading Facility Conceptual Design Report
https://www.toronto.ca/legdocs/mmis/2013/pw/bgrd/backgroundfile-61483.pdf
(September 11, 2013) Attachment 2 - Scope of Work for Highland Creek Wastewater Treatment Plant Biosolids Management Schedule B Environmental Assessment
https://www.toronto.ca/legdocs/mmis/2013/pw/bgrd/backgroundfile-61494.pdf

Communications (Committee)

(September 16, 2013) E-mail from Ron Wootton, Chairman, Coronation Community Association (PW.New.PW25.6.1)
(September 17, 2013) E-mail from Per-Inge and Victoria Schei (PW.New.PW25.6.2)
(September 19, 2013) E-mail from Brian Steen (PW.New.PW25.6.3)
(September 19, 2013) E-mail from Frank Moir (PW.New.PW25.6.4)
(September 19, 2013) E-mail from Alan Park (PW.New.PW25.6.5)
(September 19, 2013) E-mail from Jim Wakefield (PW.New.PW25.6.6)
(September 19, 2013) E-mail from Barbara McElgunn (PW.New.PW25.6.7)
(September 19, 2013) E-mail from Desmond Vandenberg (PW.New.PW25.6.8)
(September 20, 2013) Submission from Karen Buck (PW.New.PW25.6.9)
(September 19, 2013) E-mail from Kimberley Milliard (PW.New.PW25.6.10)
(September 20, 2013) E-mail from Nadia Heyd (PW.New.PW25.6.11)
(September 20, 2013) E-mail from Penelope Corrin (PW.New.PW25.6.12)
(September 20, 2013) Submission from Allen Elias (PW.New.PW25.6.13)

Communications (City Council)

(October 3, 2013) Letter from Bruce and Betty Smith (CC.Supp.PW25.6.14)
(October 4, 2013) E-mail from Barbara McElgunn, Member, Highland Creek Neighbourhood Liaision Committee (CC.Supp.PW25.6.15)
(October 6, 2013) E-mail from Frank Moir (CC.Supp.PW25.6.16)
(October 6, 2013) E-mail from Jim Wakefield, Member, Highland Creek Treatment Plant Neighbourhood Liaison Committee (CC.Supp.PW25.6.17)
(October 6, 2013) E-mail from Austin Jeffries (CC.Supp.PW25.6.18)
(October 5, 2013) E-mail from Paul Lewkowicz (CC.Supp.PW25.6.19)
(October 6, 2013) E-mail from Allen Elias (CC.Supp.PW25.6.20)
(October 5, 2013) E-mail from Ronald J. Wootton, President, Coronation Community Association (CC.Supp.PW25.6.21)
(October 7, 2013) E-mail from Per-Inge and Victoria Schei (CC.Supp.PW25.6.22)
(October 8, 2013) E-mail from Peter Breeden (CC.New.PW25.6.23)
(October 8, 2013) Petition from Councillor Ron Moeser, Ward 44 - Scarborough East, headed "Highland Creek Treatment Plant", containing the names of approximately 1,876 persons - filed during the routine matters portion of the meeting (CC.New)

Motions (City Council)

Report of Committee of the Whole

October 9, 2013 at 7:51 p.m - Speaker Speaker Nunziata advised that City Council did not consider Item PW25.6 in the closed session.


1 - Motion to Amend Item (Additional) moved by Councillor Janet Davis (Redundant)

City Council request the General Manager, Toronto Water, to undertake an Individual Environmental Assessment for the Highland Creek Treatment Plant that includes Terms of Reference that are limited to beneficial use options for biosolids management.

 

Motion 1 was not put to a vote due to Council's adoption of the deferral motion 2.


2 - Motion to Defer Item moved by Councillor Denzil Minnan-Wong (Carried)
That consideration of the Item  (PW25.6) be deferred until the November meeting of City Council, as the first item after the Mayor's Key Items.

Vote (Defer Item) Oct-11-2013 5:11 PM

Result: Carried Majority Required - PW25.6 - Minnan-Wong - motion 2 - Defer the item
Total members that voted Yes: 23 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mike Layton, Peter Leon, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Jaye Robinson, Karen Stintz, Adam Vaughan
Total members that voted No: 7 Members that voted No are Paul Ainslie, Janet Davis, Glenn De Baeremaeker, Paula Fletcher, Josh Matlow, Ron Moeser, Kristyn Wong-Tam
Total members that were Absent: 15 Members that were absent are Ana Bail„o, Josh Colle, Gary Crawford, Sarah Doucette, Mark Grimes, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, James Pasternak, Anthony Perruzza, David Shiner, Michael Thompson

6a - Highland Creek Wastewater Treatment Plant Biosolids Management Update

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege and is about potential litigation that affects the City
Background Information (Committee)
(September 11, 2013) Report from the City Solicitor on Highland Creek Wastewater Treatment Plant Biosolids Management Update
https://www.toronto.ca/legdocs/mmis/2013/pw/bgrd/backgroundfile-61324.pdf
(September 11, 2013) Confidential Attachment 1 - Highland Creek Wastewater Treatment Plant Biosolids Management Update

PW25.6 - Highland Creek Wastewater Treatment Plant Biosolids Management Update

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Public Works and Infrastructure Committee recommends that:

 

1.         City Council approve the preparation of a Schedule B Class Environmental Assessment (Class EA) that will examine all reasonable and feasible biosolids management alternatives for the Highland Creek Wastewater Treatment Plant.

 

2.         City Council direct Toronto Water to issue and award a Request for Proposal for the preparation of the Class EA that includes the Scope of Work set out in Attachment 2 to the report (September 11, 2013) from the General Manager, Toronto Water, jointly prepared with the input of Toronto Public Health and Environment and Energy Office.

 

3.         City Council request the General Manager, Toronto Water, to ensure that all regular public meetings of the Highland Creek Treatment Plant Neighbourhood Liaison Committee are held in a suitable public venue readily accessible to area residents including by public transportation, and that they are advertised, prior to them being held, in a timely manner on the City of Toronto's website.

 

4.         City Council direct the General Manager, Toronto Water, to post the Terms of Reference for the Highland Creek Neighbourhood Liaison Committee on the Toronto Water portion of the City of Toronto website.

 

5.         City Council direct that the public notices for any community consultation regardless of their format and distribution clearly state all options being examined for disposal of biosolids at the Highland Creek Wastewater Treatment Plant.

 

6.         City Council request that the General Manager, Toronto Water, regularly review the Terms of Reference of each of the Neighbourhood Liaison Committees under the purview of Toronto Water and report to the Public Works and Infrastructure Committee with any recommendations for change.

 

7.         City Council receive the report (September 11, 2013) from the City Solicitor for information.

 

8.         City Council direct that the confidential information in Attachment 1 to the report (September 11, 2013) from the City Solicitor remain confidential as it is subject to solicitor-client privilege and concerns potential litigation which affects the City.

Origin

(September 11, 2013) Report from the General Manager, Toronto Water

Summary

This is to provide an update on actions taken since the May 2011 direction from Council to implement Beneficial Use as the primary biosolids management strategy and Landfill Disposal as a contingency option for the Highland Creek Wastewater Treatment Plant (HCTP).

 

In March 2012, staff released a Request for Proposal (RFP) to retain Consulting services to prepare a conceptual design for the infrastructure necessary to implement the Council directed biosolids management program for HCTP.  A Conceptual Design Report is now complete and provides details on the requirements and costs associated with constructing a truck loading facility including the necessary odour controls as well as additional digesters to ensure biosolids meet regulatory standards for agricultural land application in Ontario.  

 

The November 2012 Staff Report to PWIC advised of the need to undertake a Schedule B Class Environmental Assessment (Class EA) in order to pursue Council's direction.   The Staff Report advised that this course of action was chosen after consultation with the Ontario Ministry of Environment (MOE) and addresses the risk of Part II Orders if the December 2009 Biosolids Master Plan is used as the approval document to implement Council direction.  The Environmental Assessment Act allows any interested parties to make a request to the MOE for a higher level of assessment for a Class EA project if they feel there are significant outstanding issues that have not been adequately addressed and could be addressed through an individual environmental assessment process. This is known as a Part II Order Request.  

 

The RFP for the Schedule B Class EA was developed with the input of Toronto Public Health (TPH) and the Toronto Energy and Environment Office (EEO).   TPH wrote the terms of reference and will oversee the development of the Health Impact Assessments for the alternatives under study.  The Toronto Energy and Environment Office wrote the requirements for Cumulative Impact Assessment regarding air emissions incorporating the City's in-house developed air model.   

 

A RFP to retain consulting services for the Schedule B Class EA was released April 19, 2013 but was subsequently withdrawn pending Council approval of this Staff Report.  It is anticipated that the EA will take approximately 12 months to complete from the execution date of a consulting services agreement and will cost approximately $500,000.  Costs could rise depending on the degree of stakeholder input and consultation as well as Part II Orders.

Background Information

(September 11, 2013) Report from the General Manager, Toronto Water, on Highland Creek Wastewater Treatment Plant Biosolids Management Update
https://www.toronto.ca/legdocs/mmis/2013/pw/bgrd/backgroundfile-61360.pdf
(September 11, 2013) Attachment 1 - Executive Summary of HCTP Biosolids Truck Loading Facility Conceptual Design Report
https://www.toronto.ca/legdocs/mmis/2013/pw/bgrd/backgroundfile-61483.pdf
(September 11, 2013) Attachment 2 - Scope of Work for Highland Creek Wastewater Treatment Plant Biosolids Management Schedule B Environmental Assessment
https://www.toronto.ca/legdocs/mmis/2013/pw/bgrd/backgroundfile-61494.pdf

Communications

(September 16, 2013) E-mail from Ron Wootton, Chairman, Coronation Community Association (PW.New.PW25.6.1)
(September 17, 2013) E-mail from Per-Inge and Victoria Schei (PW.New.PW25.6.2)
(September 19, 2013) E-mail from Brian Steen (PW.New.PW25.6.3)
(September 19, 2013) E-mail from Frank Moir (PW.New.PW25.6.4)
(September 19, 2013) E-mail from Alan Park (PW.New.PW25.6.5)
(September 19, 2013) E-mail from Jim Wakefield (PW.New.PW25.6.6)
(September 19, 2013) E-mail from Barbara McElgunn (PW.New.PW25.6.7)
(September 19, 2013) E-mail from Desmond Vandenberg (PW.New.PW25.6.8)
(September 20, 2013) Submission from Karen Buck (PW.New.PW25.6.9)
(September 19, 2013) E-mail from Kimberley Milliard (PW.New.PW25.6.10)
(September 20, 2013) E-mail from Nadia Heyd (PW.New.PW25.6.11)
(September 20, 2013) E-mail from Penelope Corrin (PW.New.PW25.6.12)
(September 20, 2013) Submission from Allen Elias (PW.New.PW25.6.13)

Speakers

Dr. Tharsini Manivannan
Allen Elias, Member, Highland Creek Treatment Plant Neighbourhood Liasion Committee
Heather Marshall, DeTOx Toronto Campaigner, Toronto Environmental Alliance
Barbara McElgunn, Highland Creek Treatment Plant Neighbourhood Liasion Committee
Frank Moir, Highland Creek Treatment Plant Neighbourhood Liaison Committee
Karen Buck
Councillor Paul Ainslie
Councillor Ron Moeser

Motions

1 - Motion to Meet in Closed Session moved by Councillor Michelle Berardinetti (Carried)

That the Public Works and Infrastructure Committee recess its public session and meet in closed session to consider Item PW25.6, the reason being that the item relates to the receiving of advice that is subject to solicitor-client privilege and to potential litigation that affects the City.


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

City Council direct the General Manager, Toronto Water, to post the Terms of Reference for the Highland Creek Neighbourhood Liaison Committee on the Toronto Water portion of the City of Toronto website.


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

City Council direct that the public notices for any community consultation regardless of their format and distribution clearly state all options being examined for disposal of biosolids at the Highland Creek Wastewater Treatment Plant.


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

City Council direct the General Manager, Toronto Water, to include the long-term health care costs associated with the various options considered as part of the Scope of the Work referred to in Recommendation 2 of the report (September 11, 2013) from the General Manager, Toronto Water.

Vote (Amend Item (Additional)) Sep-20-2013

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

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

City Council request that the General Manager, Toronto Water, at the beginning of each term of City Council, review the Terms of Reference of each of the Neighbourhood Liaison Committees under the purview of Toronto Water and report to the Public Works and Infrastructure Committee with any recommendations for change.


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

City Council request the General Manager, Toronto Water, to ensure that all regular public meetings of the Highland Creek Treatment Plant Neighbourhood Liaison Committee are held in a suitable public venue readily accessible to area residents including by public transportation, and that they are advertised, prior to them being held, in a timely manner on the City of Toronto's website.


2 - Motion to Amend Item (Additional) moved by Councillor Janet Davis (Lost)

City Council request the General Manager, Toronto Water, to undertake an Individual Environmental Assessment for the Highland Creek Treatment Plant that includes Terms of Reference that are limited to beneficial use options only for biosolids management.

Vote (Amend Item (Additional)) Sep-20-2013

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

4 - Motion to Adopt Item as Amended (Carried)

5 - Motion to Reconsider Item moved by Councillor Mike Layton (Carried)

That the Public Works and Infrastructure Committee reconsider the item to clarify the wording of Motion 3d.


6 - Motion to Amend Motion moved by Councillor Mike Layton (Carried)

That motion 3d be amended by replacing the words "at the beginning of each term of City Council" with "regularly" so that it now reads: 

 

3d.       City Council request that the General Manager, Toronto Water, regularly review the Terms of Reference of each of the Neighbourhood Liaison Committees under the purview of Toronto Water and report to the Public Works and Infrastructure Committee with any recommendations for change.


7 - Motion to Adopt Item as Amended (Carried)

6a - Highland Creek Wastewater Treatment Plant Biosolids Management Update

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege and is about potential litigation that affects the City
Origin
(September 11, 2013) Report from the City Solicitor
Summary

This report should be read in conjunction with the report from the General Manager, Toronto Water which provides an update on developments since the May 2011 direction from Council to implement Beneficial Use as the primary biosolids management strategy and Landfill Disposal as a contingency for the Highland Creek Wastewater Treatment Plant ("HCTP").  This report has been prepared to ensure that Committee and Council have the related legal advice for consideration along with the General Manager's report.

Background Information
(September 11, 2013) Report from the City Solicitor on Highland Creek Wastewater Treatment Plant Biosolids Management Update
https://www.toronto.ca/legdocs/mmis/2013/pw/bgrd/backgroundfile-61324.pdf
(September 11, 2013) Confidential Attachment 1 - Highland Creek Wastewater Treatment Plant Biosolids Management Update
Source: Toronto City Clerk at www.toronto.ca/council