MEA Class EA Requirements to support a new Sewage Treatment Facility May, 2013 Objective of this Presentation • • 2 Foster an awareness and understanding of the MEA Class Environmental Assessment (MEA) Process as it would apply to the construction of a new Sewage Treatment Plant Clarify the role and responsibilities of all stakeholders in this process Presentation Outline • • • • • • 3 SSMP: A new Sewage Treatment Plant for Erin? Next Steps: Initiation of a EA study in accordance with the direction of the MEA Class EA What should the EA study cover? Stakeholders and their Roles and Responsibilities Once the EA Study is completed… Questions and Discussion SSMP – a new Sewage Treatment Plant for Erin? If the SSMP concludes that a sewage treatment plant will meet the future growth and development needs as expressed by the Town, the next step will be to conduct an environmental assessment study in accordance with the requirements of the Municipal Engineers Association Class Environmental Assessment (MEA) for Schedule “C” projects. 4 The MEA Class Environmental Assessment process The MEA is an approved environmental assessment process that is specific to municipalities, and for the purpose of planning and decision-making related to the provision of infrastructure that is a municipal responsibility: water supply, wastewater treatment, roads and public transit. 5 So, what is an environmental assessment process? An environmental assessment process provides a framework that guides the planning and decision-making process. Typically consists of the following steps: • Identify a problem/opportunity that demonstrates the ‘need’ for undertaking a project. (The SSMP will have done this); • Identify a range of alternative solutions that address the problem/opportunity. Alternative solutions always include the evaluation of what will happen if you “Do Nothing”; • Define environment broadly to include the social, cultural and economic environment in addition to the natural environment; • Determine impacts of a each of the alternative solutions; identify the required mitigation to address impacts; and choose one to study more fully in order to determine the preferred design; • Ensure that the public, relevant review agencies and First Nations communities are fully consulted and provided with opportunities to obtain information and make their concerns known; and • Document the decision-making process that results in the choice of a preferred alternative and implementation plan. 6 7 What should the EA cover? An EA completed for a new sewage treatment plant should address the following: • • • • • • • • 8 All aspects of the infrastructure: the plant technology, the associated sewer system and any infrastructure associated with sewage conveyance (pumping stations), biosolids management All work related to the installation of these services (road reconstruction) Existing policies in local official plan that speak to the provision of hard services and which designate how much and where growth is to occur Impacts to the natural heritage environment (landforms, ground and surface water, flora/fauna/habitat Impacts to cultural resources (archaeological, cultural and built form) Impacts to the social environment (impacts to residents) Impacts of an economic nature (impacts to businesses, financial burden to residents, potential infrastructure grants, cost-sharing arrangements with private sector Public consultation plan What should the EA cover? • • 9 An EA of this scale will be likely be completed by a team of consultants given the breadth of issues that must be addressed, and specialization within the consulting industry An EA with this range of potential impacts may also benefit by the establishment of a technical steering committee format with membership including elected officials, staff, the public and government review agencies Stakeholders and their roles and responsibilities • • The municipality: staff and Council The Public and First Nations “Means the general public, individual members of the public who may be affected by or have an interest in the project and special interest groups” • Government Review Agencies “Means government agencies, ministry or public authorities or bodies whose mandates require them to have jurisdiction over matters affected or potentially affected by projects….” 10 Roles of Municipal Staff and Council • • • • 11 Council should endorse the decision to proceed with an EA study, knowing that in order to undertake the EA study and implement the project, capital expenditure of capital will be required. A good working relationship between Council and the project team is necessary for a successful EA process. Regular Council, or Committee of Council briefings should be undertaken at key decision points to ensure that Council is fully apprised. Council members should not find themselves in a situation where they know less about a project then their constituents. By being up to date on the status and direction that an EA study is taking, by being involved, Council has the ability to ensure that the EA study is being undertaken in a way that is in keeping with the overall vision for the municipality, budget issues and constraints. Roles of Municipal Staff and Council • • 12 After an EA study has been completed, the project team will likely make a presentation to Council and receive endorsement to enable the Notice of Completion to be issued. Once the mandatory 30-public review period has ended and if no Part II Order requests have been submitted to the Minister, the municipality is deemed to have complied with the requirements of the EA Act and is free to implement the project, subject to obtaining any approvals, permits, licences etc. that may be required. Roles of Municipal Staff and Council Should Council be involved? It is Council’s choice, but there are advantages: • To endorse/approve required capital expenditure; • To remain apprised of the progress of the EA; • To be able to discuss the project with constituents; • To ensure that the process is a dialogue between the project team and constituents; and • To provide the project team with the ‘bigger’ picture How? • By establishing a protocol with the project team to ensure regular updates, particularly at crucial decision making points during the study. 13 Roles of the Public and First Nations A fundamental feature of environmental assessment is ensuring that the public is informed and involved as decisions are being made that have the potential to directly, or indirectly affect them. While the onus for facilitating public consultation is on the project team, the public can maximize its effectiveness by bringing their questions and concerns to the attention of the project team early in the process so that those matters can be incorporated into the study and review process with the objective being to resolve issues to all parties’ satisfaction. First Nations consultation has become more formalized due to the Crown’s duty to consult. MOE provides detailed information as to how to conduct effective and adequate First Nations consultation. 14 Roles of Review Agencies Appendix 3 of the MEA provides guidance as to how the project team will determine which review agencies should be notified of the commencement of the EA study so that they have the opportunity to provide a review and consultation function. Review Agencies’ role is to assist in the process by ensuring that the project team addresses concerns relevant to their mandate and to advise of subsequent approvals that will be required in order to implement the project. 15 Once the EA Study is completed… The EA study is completed once the project team feels that a preferred alternative and required course of action can be fully articulated, defended and documented. Typically, a presentation of the conclusions will be made to Council, who will endorse the study and enable it to be posted for a minimum 30-day public review period. During this time, any member of the public or review agency has the ability to raise concerns that they feel remain inadequately addressed. The project team is required to make all attempts to address the concerns, or provide a more detailed explanation. If the individual maintains the opinion that there is a flaw/error/deficiency in the process, they have the option to request in writing, that the Minister of the Environment make the project subject to an individual environmental assessment. At that point, the Minister reviews the concerns against the EA document and makes a decision whether an individual EA is justified or whether conditions can be imposed upon the proponent to complete further work in certain areas to address the issue that were raised by the requestor. 16 Questions and Discussion 17 Additional Resources Ministry website: http://www.ene.gov.on.ca/environment/en/industry/assess ment_and_approvals/environmental_assessments/index. htm Municipal Engineers Association website: www.municipalclassea.ca MOE Regional EA Coordinator: Barb Slattery, 905-521-7864/Barbara.slattery@ontario.ca 18