TOWN OF AJAX REPORT Report To: General Government Committee Submitted By: Paul Allore, MCIP, RPP Director of Planning and Development Services Prepared By: Barbara Hodgins, MCIP, RPP Development Approvals Co-ordinator Planning and Development Services Subject: Duffin Creek Water Pollution Control Plant Information Update W ard(s): All Date of M eeting: November 24, 2005 References: Strategic Plan: Environmental Awareness Recommendations: 1. That Council advise the Minister of the Environment and the Regions of York and Durham that the Town of Ajax has a direct interest in the Environmental Assessment (EA) being conducted by the Regions to expand the Duffin Creek Water Pollution Control Plant (WPCP), given the proximity of this project to the Ajax community (within one kilometre) and its position relative to our community (upwind and upstream); 2. That Council request the Regions to provide to Town staff the detailed information produced through Phases 1 to 4 of the EA process, including but not limited to: a) the proposed design and operation of the expanded WPCP, particularly how the release of untreated and partially treated sewage into Lake Ontario will be prevented (especially during periods of heavy precipitation); b) potential air and water emissions, the Federal and Provincial environmental standards and any higher standards being applied voluntarily by the proponents; c) background water quality information and the existing and predicted coastal conditions in Lake Ontario; d) the findings of the peer reviewers; and e) the Environmental Study Report (ESR); Subject: Duffin Creek W ater Pollution Control Plant Information Update Page 2 3. That Council request the Regions of York and Durham to release the Environmental Study Report (ESR) , including all technical information and all peer reviewers’ findings, to Town staff for review over a period of not less than 180 days, to allow for a thorough technical review and reporting back to Council with findings and recommendations; 4. That Council request the Minister of the Environment to provide sufficient funds to the Town of Ajax to peer review the ESR and related information; 5. That Council request the Regions take a more proactive community consultation program about the findings of the EA process prior to completion of Phase 4 of this EA process; 6. That Council express to Durham Region the concern that the existing Duffin Creek WPCP may be contributing to the escalating frequency of beach closures at Rotary Park (100% in 2005); 7. That Council request the Region of Durham to provide sufficient funding to the Regional Health Department in the 2006 budget to investigate and identify sources of bacterial pollution (e.g. human, waterfowl) causing the beach at Rotary Park to be closed due to poor water quality and recommend how the Region, the Town and others can effectively address the problems; and 8. That a copy of this report be sent by the Clerk to the Honourable Laurel C. Broten, Ontario Minister of the Environment and the Clerks of the Regional Municipalities of York, Durham, the Cities of Pickering and Oshawa, the Town of Whitby and the Municipality of Clarington. Background: The purposes of this report are to: 1. provide an update on the status of the Municipal Class Environmental Assessment (EA) being conducted jointly by the Regions of York and Durham to expand the Duffin Creek Water Pollution Control Plant (WPCP); 2. identify the Town’s planning framework for the Lake Ontario waterfront and water resources; and 3. express concerns about the EA process and the potential environmental impacts of this large-scale infrastructure project on the Ajax community, its waterfront and resources. The existing Duffin Creek WPCP is one of the larger sewage treatment facilities in Canada. It was constructed in 1974 on land located in the City of Pickering, just to the west of the Town of Ajax (refer to Attachment 1). Built to consolidate and replace a series of small sewage treatment plants sited along tributaries in York and Durham Regions, this WPCP was located near the Lake Subject: Duffin Creek W ater Pollution Control Plant Information Update Page 3 Ontario shoreline to take advantage of the lake’s assimilative capacity to support existing development and projected urban growth in the Regions for approximately 25 years. In 1975, multi-stage construction of the Duffin Creek WPCP was approved, with an ultimate capacity of approximately 727,000 million litres/day (727 MLD). The first stage of the WPCP was designed to treat an average sewage flow of 364 MLD. The facility operates year-round (24 hours/day, 7 days/week). As of April 2005, the WPCP’s capacity was increased to 420 MLD. The existing Duffin Creek WPCP is located at the outlet of the York Durham Sewage System (YDSS), also known as “the Big Pipe”. The YDSS is a network of pipes and pumping stations conveying sewage flows, stormwater runoff, leachate and other substances from its extensive catchment area (sewershed) that converges at the Duffin Creek WPCP. Sewage flows from many watersheds are introduced into the Big Pipe by various means. Over the last 25 years, the YDSS has been expanding incrementally through various EA processes. At present, its sewershed includes the Towns of Ajax, Whitchurch-Stouffville, East Gwillimbury, Newmarket, Aurora, Richmond Hill and Markham, the City of Pickering as well as parts of the Cities of Toronto and Vaughan. Additional components of the YDSS are currently being expanded, such as an extension to service King City (refer to Attachment 2). One ongoing EA process not illustrated on the Attachment would, if approved, extend the YDSS northward to capture sewage flows from the Lake Simcoe drainage basin (e.g. Holland Landing). Municipal Class Environmental Assessment (Schedule C) Process In 2004, the Regions of York and Durham commenced a “Schedule C”1 Municipal Class Environmental Assessment (EA) process for the purpose of developing a preferred design concept for the existing Duffin Creek WPCP to expand its current 420 MLD capacity to 630 MLD. For Durham Region, this project will support growth and development within the Ajax urban area as well as the City of Pickering, including Seaton and the Future Pickering Airport. The EA process is proceeding through the traditional five phase EA process, as follows: Phase 1 - Problems, deficiencies or opportunities have been identified and issues developed; Phase 2 - Alternatives to address issues have been identified and a preferred solution established; Phase 3 - Alternate methods of implementing the preferred solution have been identified and a preferred method established; Phase 4 - Relevant information, including study rationale, environmental considerations, consultation process and recommendations, compiled into an Environmental Study 1 Municipal infrastructure projects categorized as “Schedule C” undertakings have the potential for significant environmental effects and are required to follow the planning and design process specified under the Municipal Class Environmental Assessment. Subject: Duffin Creek W ater Pollution Control Plant Information Update Page 4 Report (ESR) to be made available for 30 days for review by municipalities and other interested parties; and Phase 5 - Implement the preferred method of addressing the issues and monitoring for adherence to environmental provisions and commitments. At this time, Phases 1 to 3 have been completed. Phase 4, a critical stage in the process when the findings of the previous phases and technical information are made available, is nearing completion. The Minister of the Environment has required that the technical reports for this Class EA be independently peer reviewed. The Regions expect to complete this EA process by the end of 2005 to facilitate construction of the project by 2010. Two workshops were held for the public in October 2004 and February 2005, one in Pickering and the second one at the WPCP. Two separate workshops were held for staff of the existing WPCP in late February 2005. Ajax Official Plan (2000) The Ajax Official Plan (AOP) is based on a philosophy that supports managed, sustainable growth, the provision of a high quality of life for its residents and the protection of its natural heritage system, including the Lake Ontario waterfront, through consideration of potential environmental impacts in the evaluation of proposed development. The AOP takes an ecosystem-based approach to planning and development, with the achievement of sustainable development a primary long-term objective. Protection of the Lake Ontario waterfront and water resources is a major component of the AOP’s Greenlands Framework. The Framework is based on the belief that the quality of life in Ajax will be enhanced by the establishment and maintenance of a network that links environmental resources and recreational areas within and beyond the boundaries of the Town. Among its many objectives, the AOP seeks to incorporate the concept of sustainability into all facets of municipal infrastructure development and land use planning decisions. It also strives to promote a clean, green, accessible, connected Lake Ontario waterfront ( a core area of the Town’s natural heritage system) and provide diverse recreational opportunities. The AOP endorses the binational efforts to improve the quality of Lake Ontario and recognizes that Ajax has a role to play in meeting international water quality objectives. It is AOP policy to protect surface water, groundwater and Lake Ontario, which is the source of the Town’s drinking water. To this end, the Town is undertaking measures to address outputs from creek mouths and storm sewers from sources within Ajax into Lake Ontario. Ajax Waterfront Management Plan (2005) Ajax’s waterfront extends for approximately 5 kilometres along the Lake Ontario shoreline. It is one of the longest stretches of uninterrupted, publicly owned waterfront on the north shore of Lake Ontario. The vast majority of the more than 400 hectares of Ajax waterfront land is in Subject: Duffin Creek W ater Pollution Control Plant Information Update Page 5 public ownership. This year, the Town endorsed a Waterfront Plan that established a 10-year framework for future improvements, management strategies and projects. The Waterfront Plan identified poor water quality as an issue, especially at Rotary Park beach which, at the time of writing the Plan, was closed 79% of the time (i.e. it was the second worst in the Greater Toronto Area). Through the Town’s public consultation process, clean beaches were identified as a priority to the community. Notably, this issue was also identified in the Town’s 1995 Waterfront Management Plan Discussion: Staff have concerns about the current EA process. To date, some information has been provided to the Town about the proposed expansion of the Duffin Creek WPCP. The Regions have issued Phase 1 and 2 reports providing high-level overviews. However, the technical details remain outstanding, and will only be made available upon the completion of peer reviews of the supportive technical information and the compilation of the Environmental Study Report. Therefore, it is difficult at this time for staff to determine whether additional safeguards are required to protect against any environmental impacts. The Duffin Creek WPCP facility, upon completion, will treat the wastes generated by more than 1 million people and will be the largest facility in Durham Region. Given the larger volumes of sewage to be treated, including sewage piped in from the expanding YDSS catchment area and hauled in by truck from other sources (described in the recent Durham Region Biosolids Master Plan2 and Septage Management Strategy3), there is concern that the proposed facility may not be technologically capable of “neutralizing” all wastes received, and may therefore release greater volumes and mixtures of waterborne and airborne emissions into the surrounding environs. Waterborne Emissions It is important to protect the water quality of Lake Ontario. It is the primary source of drinking water for residents of Ajax and most of Durham Region. Generally, lakewater flows from west to east along the Ajax waterfront. The beach at Rotary Park is located within one kilometre of the existing WPCP. In one form of treatment, liquid waste is treated at the WPCP and then dispersed into Lake Ontario through a pipe that presently extends one kilometre offshore. The Ajax Water Supply Plant (WSP), constructed within the last decade, is situated approximately 3 kilometres to the east of the WPCP. The WSP supplies drinking water to support growth and development (residential, commercial and industrial uses) within designated urban areas in the Town of Ajax and the City of Pickering. The 2003 Duffin Creek Watershed Plan identified that beaches to the west of Rotary Park, including the Rouge Beach and Bluffer’s Park Beach, were posted for more than half of the 2 Biosolids Master Plan. Regional Municipality of Durham. August 2005. 3 Septage Management Strategy. Regional Municipality of Durham. August 2005. Duffin Creek W ater Pollution Control Plant Information Update Subject: Page 6 swimming season in 1999 as a result of bacterial levels. The Plan concluded that such postings “are evidence of the movement of nearshore currents and the impact this has on waterfront bacterial levels”4. By 2005, the beach at Rotary Park was being posted by the Durham Region Health Department throughout the entire swimming season. In the absence of any technical information to the contrary, staff question whether waterborne effluent emissions from the existing WPCP may be combining with outflows from Duffin Creek and contributing to the frequency of beach postings. Any proposed expansion to the WPCP will need to take these conditions into proper account. Therefore, it is very important that the detailed technical report on coastal conditions and the peer reviewers findings be provided to Town staff for review. To safeguard water quality in Lake Ontario in accordance with the provisions of the 2005 Provincial Policy Statement and other Provincial initiatives, it may also be necessary for the Minister of the Environment to prescribe higher performance standards and monitoring/remedial requirements in the Certificates of Approval for the WPCP. This EA process should be designed to avoid adverse impacts on the water quality of Lake Ontario. As a waterfront community, the Town of Ajax needs assurance that the design, operation and maintenance of the expanded WPCP will prevent untreated or insufficiently treated waterborne emissions, including overflows during high precipitation events, from being released into Lake Ontario under any circumstances. Airborne Emissions Presently, the Duffin Creek WPCP is designed to use two incinerators to burn de-watered (solid) wastes at very high temperatures. This treatment process produces by-products: particulates emitted into the air and ash material to be reused or landfilled. This WPCP is being designed to incinerate increased volumes of biosolids, as they cannot be spread onto the rural land base as extensively due to limitations established by the Nutrient Management Act and regulations. Staff do not know whether sufficient study of the “regional airshed” has been conducted in this EA process to take into account existing background air quality and various wind directions. This process will need to determine the array of particulates to be released, as the expanded WPCP will be accepting a wider range of wastes. The incineration process also creates an “ash” by-product that must be hauled off-site for reuse or disposal. When a contract is in place, ash will be hauled to a cement plant for reuse. At present, ash from the Duffin Creek WPCP is being hauled to a Michigan landfill. If access to that landfill is closed, ash can be trucked to an alternate site near Ottawa as a contingency or interim measure. From the minutes of the public workshop with WPCP staff5, held on February 21, 2005, WPCP 4 A Watershed Plan for the Duffins Creek and Carruthers Creek. Toronto and Region Conservation. August 2003. 5 Duffin Creek W PCP Staff W orkshop. Durham Region W ebsite. February 21, 2005. Subject: Duffin Creek W ater Pollution Control Plant Information Update Page 7 staff expressed concern about the dispersion of dry ash as it is transported. The design and operation of the WPCP should ensure that types of contaminants introduced into the facility in sludge, biosolids and septage will be “treated” to the point at which they are no longer harmful nor released into the air in amounts or combinations that would threaten public health. It is not clear whether current MOE standards for air quality will be sufficient to safeguard Ajax residents from the potential air emissions of this particular WPCP, and should be addressed in this EA. Truck activity generates air emissions that can impact the Ajax community. The existing and proposed haulage routes for trucks accessing the facility have not been identified. Accordingly, additional information is needed regarding existing haulage routes and the environmental implications to the Ajax community. For example, the impacts of diesel emissions and ash dispersion from truck traffic related to the WPCP site should be assessed through this EA process. The Province has established higher standards for air emissions under its “Five-Point Plan for Cleaner Air”6 that includes setting new air standards for 29 harmful pollutants, including carcinogens and toxins that could pose a threat to human health, and updating its 30-plus year-old air dispersion models. It may be appropriate for the Minister of the Environment to consider prescribing higher performance standards and monitoring/remedial requirements in the Certificates of Approval for the Duffin Creek WPCP and possibly related truck traffic to assist in protecting, improving and restoring air quality in accordance with Provincial policy and initiatives. Proximity to the Ajax Community The Duffin Creek WPCP is situated less than 1 kilometre upwind of the Ajax urban area and upcurrent from the Ajax waterfront. A recent Federal study7 examined the current status of municipal wastewater treatment facilities and identified trends and emerging issues. It noted that population growth and continued urbanization will continue to increase the quantity of wastewater discharged to WPCPs for treatment. The study noted that traditional WPCPs are designed to remove settleable solids and floating scums, fine suspended solids, oxygen-consuming material and nitrogen and/or phosphorus. Some WPCPs also remove other contaminants, such as heavy metals and organic chemicals. Public expectations are predicted to increase demand on municipalities to provide greater levels of treatment for wastes. The study states that the toxicity of municipal wastewater is dependent on a variety of factors, including the size and characteristics of the sewershed, the type and efficiency of treatment and disinfection processes, and the physical, chemical and biological characteristics of the receiving 6 Ministry of the Environment. Media Backgrounder. June 21, 2004. 7 Threats to Sources of Drinking W ater and Aquatic Ecosystem Health in Canada. Environment Canada. 2001. Subject: Duffin Creek W ater Pollution Control Plant Information Update Page 8 waters. Some chemicals remain dissolved in water. Other chemicals attach to sediments in the receiving environment. The distribution of these chemicals may therefore differ considerably from more soluble compounds which will tend to move with the effluent plume. Also, some chemicals may tend to bioaccumulate in organisms and move through the food web. As an example, pharmaceuticals and personal care products (e.g. antibiotics, anti-inflammatory drugs and antiseptics) have been detected in municipal wastewater, according to the study. The array of pharmaceuticals in use will continue to diversify and grow with an aging population and rapid developments in the pharmaceutical industry. However, scientific knowledge of the environmental transformation, fate or effects of these compounds is limited and the implications of exposure to these complex mixtures remains unknown. Further to this, the possibility of unplanned or accidental spills into the YDSS increases the risk to local residents and the aquatic ecosystem. It is very important for the treatment facility at the Duffin Creek WPCP to be designed and operated to prevent as many contaminants and chemicals as possible from reaching Lake Ontario. It would not be acceptable to permit harmful substances that may pose health risks to be emitted from the WPCP into the waters that flow to local beaches and along the shoreline. The health and well-being of the residents of the Town of Ajax and other lakefront communities must be protected for the duration of this WPCP’s operations. Offshore Infrastructure and the Aquatic Environment The existing outflow pipe and effluent diffuser for the existing Duffin Creek WPCP extends one kilometre offshore into Lake Ontario. Regional staff have advised the WPCP expansion has generated the need for an extension of the effluent outfall pipe (i.e. one additional kilometre offshore). It is expected that information explaining the need and rationale for the outlet pipe extension, its technical design and potential impacts will be provided during the ongoing EA process. According to Durham Regional Works Department staff, the outflow pipe extension project may be subject to a separate Federal EA immediately upon completion of this Municipal Class EA process. Little information has been provided on this aspect of the process. Staff believe that an assessment must be undertaken to evaluate the impacts of extending the WPCP’s effluent dispersion pipe farther into Lake Ontario relative to thermal and other emissions from the Pickering Nuclear Plant as well as the Ajax Water Supply Plant. Cumulative Impacts This EA process should have considered cumulative environmental impacts. Not far to the west of the Ajax community lies the City of Toronto, with more than 2.5 million residents and many more millions projected to arrive by 2050. Duffin Creek W ater Pollution Control Plant Information Update Subject: Page 9 A recent Toronto and Region Conservation publication8, updating activities commenced in 1994 to remediate sources of pollution affecting water quality along the Toronto waterfront, identified the number one source of water pollution as “the stormwater that overwhelms sewers and streams every time we get a heavy rain. Stormwater flushes a dangerous mix of raw sewage, oils and gasoline, hazardous chemicals, sediments and other waste straight into Lake Ontario and the streams that feed it”. The Toronto and Region watersheds will continue to exert tremendous environmental pressure on Lake Ontario and its ecosystems. Contaminants in stormwater from other sources, such as creek mouths and stormwater outfalls, may be aggravating water quality conditions along the Ajax waterfront, resulting in beach postings. Therefore, it is important that the EA process ensure that not only water quality conditions in the immediate vicinity of the existing Duffin Creek WPCP are considered, but also background conditions created by the cumulative impacts of contributions from other sources. This EA process should also include examination of the project’s location relative to other infrastructure projects, such as the Pickering Nuclear Plant and its thermal emissions, as well as the Ajax Water Supply Plant. It is not evident from this EA process that sufficient baseline data has been collected and assessed within a broad study area using current sciences and technologies. It is expected the EA process will provide assurance that thermal and other emissions from the existing and fully operational Pickering Nuclear Plant into Lake Ontario waters, combined with emissions from the existing and the expanded Duffin Creek WPCP, will not degrade water quality along the Ajax waterfront or adversely affect the quality of water entering the Ajax Water Supply Plant. Public Consultation The current EA process’ approach to public consultation has elicited minimal input from Ajax residents. As noted, two public workshops were held, one at the Pickering Recreation Complex and the other at the WPCP. According to workshop minutes, a total of 33 persons may have attended. One participant questioned whether attendees had sufficient expertise to comment on such a complex project. Staff are of the view that a more comprehensive public consultation process, similar to that undertaken for the Ajax water supply plant, should take place during the next few months as a critical component of this EA process, since more detailed technical information will be available (the ESR, technical information and peer review findings). Therefore, staff suggest that prior to formal release of these documents in the context of the established EA process, the information should be released to Town staff and the public for review over a period of not less than 180 days. During this period, the Region should disseminate its findings and conduct further public consultation. Staff are recommending that Council request the MOE to provide sufficient funding to conduct any necessary peer reviews. Town staff will 8 Toronto and Region Remedial Action Plan Update. Toronto and Region Conservation. May 2005. Subject: Duffin Creek W ater Pollution Control Plant Information Update Page 10 review the information, consider the public input and prepare a report back to Council with recommendations that will be forwarded to the Minister of the Environment and the Regions. Beach Postings In 2005, the beach at Rotary Park was posted for 100% of the swimming season. The frequency of beach postings has been increasing over the past decade. Durham Region Health Department staff indicated that no action has been initiated to undertake to determine the sources or causes of higher levels of bacterial contaminants. A comparison of the timing and location of water sampling results and climatic conditions may reveal a correlation between temperature, heavy rainfall events and higher than normal levels of bacteria along the lakefront. Staff recommend that Council request Durham Region Council to provide sufficient funding to the Regional Health Department in the 2006 budget to investigate and identify sources of pollution causing the beach at Rotary Park to be posted, and provide recommendations on how the Region, the Town and others can effectively addresses these problems. Environment Canada has scientists tracing the origins of bacterial sources at pilot projects across Canada, including the Humber River watershed. Perhaps their scientific resources could be enlisted to assist the Region in this investigation. Once the sources of contamination have been identified, the Region and the Town will be in a better position to deal with the problem at the source(s) in a cost-effective manner. Financial Implications: Consulting assistance may be required to assess the information provided by the Regions in the Phase 4 Environmental Study Report and supporting technical reports. Communication Issues: Durham Regional Works Department staff will be making a presentation on the Environmental Assessment process and answering questions at the Council meeting on November 28th. The Regions should be communicating regularly with Ajax residents to present project details and solicit advice as they proceed through the remainder of the EA process. Conclusions: Many people and businesses rely upon Lake Ontario as their primary source of water (95% of Durham Region), not only for drinking water but other purposes. The Minister of the Environment should establish higher environmental standards for this Lake Ontario-based WPCP and others. Such standards should be designed to work in concert with MOE’s watershed-based source water protection plans to protect and improve water quality in Lake Ontario. Staff question the “sustainability” of continuing expansion to the Duffin Creek WPCP and the YDSS based on the assumption that Lake Ontario has the assimilative capacity to receive the effluents generated by projected growth without jeopardizing the quality of life of existing and future residents of waterfront communities. Subject: Duffin Creek W ater Pollution Control Plant Information Update Page 11 It is questionable whether the existing applicable Provincial standards can sufficiently mitigate all potentially adverse emissions from the Duffin Creek WPCP. It may be necessary for the Minister of the Environment (MOE) to establish and prescribe higher environmental standards for the MOE Certificates of Approval which will govern the construction and long-term operation, maintenance and upgrading of the Duffin Creek WPCP to better protect the quality of our water and air resources. As of yet, staff cannot determine whether the results of this EA process will be consistent with the Provincial Policy Statement or supportive of the objectives of the Ajax Official Plan and Ajax’s Waterfront Management Plan. A comprehensive and proper review of all information must be conducted, including a focused consultation process by the Regions to inform the public of their findings. This will enable all levels of government to arrive at a suitable decision regarding the proposed WPCP expansion that will protect the interests of present and future residents of Ajax and our resources in the long-term. Upon completion of a comprehensive public consultation process, a review of the requisite technical information, and completion of any necessary peer reviews, staff will bring forward a report to Council for consideration. Until these concerns have been addressed to the satisfaction of Town Council, the Regions should refrain from moving forward and publishing a Notice of Completion for this EA process. Therefore, it is recommended that Council advise the Minister of the Environment, the Regions and other downwind and downstream municipalities that the Town of Ajax has a direct interest in the proposed expansion to the Duffin Creek WPCP, given the location of this project relative to the Town of Ajax. Barbara Hodgins, MCIP, RPP Development Approvals Co-ordinator, Planning and Development Services Paul Allore, MCIP, RPP Director of Planning and Development Services