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1 If this information is required in an accessible format, please contact ext The Regional Municipality of Durham Minutes Energy From Waste Waste Management Advisory Committee Tuesday, November 17, 2015 A meeting of the Energy From Waste Waste Management Advisory Committee was held on Tuesday, November 17, 2015 at the Durham York Energy Centre, 1835 Energy Drive, Courtice, at 6:00 PM. Present: Absent: T. Baker, Pickering, Chair W. Bracken, Clarington N. Burnett, Ajax M. Clayton, Whitby S. Clearwater, Whitby K. Coupland, Clarington J. Vinson, Clarington S. Barnes, Clarington, Vice-Chair E. Fernando, Oshawa Non-Voting Members Present: Staff Present: Councillor Cooke, Local Councillor, Clarington F. Langmaid, Manager of Special Projects, Planning Department, Clarington Councillor Joe Neal, Regional Councillor, Clarington G. Anello, Manager, Waste Planning and Technical Services, Works Department, Durham Region C. Bartlett, Manager, Waste Management, Works Department, Durham Region J. Baron, Business Manager, Covanta Durham York Renewable Energy G. Borchuk, Project Manager, Works Department, Durham Region L. Brasowski, Director, Environmental Engineering, Covanta Durham York Renewable Energy P. Gilman, Senior Vice President and Chief Sustainability Officer, Covanta Durham York Renewable Energy K. Gorman, Environmental Health, Health Department, Durham Region D. Luciano, Waste Technician, Works Department, Durham Region M. Neild, Facility Manager, Covanta Durham York Renewable Energy J. Regan, Director of Communications, Covanta Durham York Renewable Energy M. Smart, Administrative Assistant, Works Department, Durham Region

2 November 17, 2015 Page 2 of 9 C. Slaughter, Works Technician 2, Works Department, Durham Region L. Waller, Operations Technician, Works Department, Durham Region D. James, Committee Clerk, Corporate Services Legislative Services, Durham Region Also Present: Councillor John Neal, attended the meeting at 6:15 PM. 1. Declarations of Interest There were no declarations of interest. 2. Adoption of Minutes Moved by N. Burnett, That the minutes of the EFW-WMAC meeting held on September 15, 2015 be adopted. 3. Announcements Chair Baker welcomed Pix3-Films and advised that they will be filming the meeting as part of a documentary about waste management in Ontario. He stated that anyone in attendance at the meeting that did not want to be included in the film to advise the film crew of their decision; and, also, that those in attendance that wished to be included in the film would be required to sign a waiver, and that these forms could be obtained from the film company. 4. Presentations Moved by S. Clearwater, That the agenda be altered in order to hear Matt Neild, Facility Manager, Re: Update on the Durham York Energy Centre next. 8. Update on the Durham York Energy Centre A) Update by Matt Neild, Facility Manager, Covanta Durham York Renewable Energy L.P., on the Durham York Energy Centre M. Neild provided an update on the acceptance testing for the Durham York Energy Centre (DYEC). He stated that there is a communication protocol in place and that information with respect to the acceptance testing will be communicated first to the Ministry of the Environment and Climate Change and to the Regions of Durham and York.

3 November 17, 2015 Page 3 of 9 M. Neild stated that the acceptance testing began on September 27 th and concluded on November 3 rd. He reviewed the performance and emissions testing protocols with the Committee. He stated the acceptance testing was completed in 37 days, with only 1 hour of down-time. He advised that the Acceptance Testing report will be provided to the Regions of Durham and York and the Ministry of the Environment and Climate Change (MOECC) shortly. He added that the acoustic and odour audits have been completed; that the website and electronic real-time sign board are active; and, that all major equipment has been commissioned. L. Brasowski responded to a question with respect to the emission procedures used during the acceptance testing. M. Neild responded to a question with respect to whether the combustion system has changed within the last sixty days. P. Gilman responded to questions with respect to the date of the dioxin and furan exceedances; whether there is further information that can be shared with respect to the testing for dioxins and furans; whether the original stack test was compromised; clarification on how the interference total (15%) reported by the testing lab impacts the overall reported exceedances; the location of the second lab, and whether it is an accredited Canadian lab; clarification on whether the source of the interference has been identified; whether the acceptance testing report will be released to the public; whether discussions took place with the Ministry of the Environment and Climate Change with respect to non-steady state conditions that could be experienced during start-up of the facility; and, whether Covanta has start-up procedures in their other plants that could have been implemented here. A) Craig Bartlett, Manager, Waste Operations, The Regional Municipality of Durham Re: Status of Waste In Ontario and Quebec and British Columbia Extensive Producer Responsibility Legislation C. Bartlett, Manager, Waste Operations, The Regional Municipality of Durham gave a PowerPoint presentation on the Extended Producer Responsibility (EPR) in Canada. A copy of the presentation was provided as a handout. Highlights of the presentation included: What is EPR EPR in British Columbia EPR in Alberta EPR in Saskatchewan EPR in Manitoba EPR in Ontario EPR in Quebec EPR in Maritimes and Territories

4 November 17, 2015 Page 4 of 9 Ontario Municipality Share Changes in Packaging Canadian Blue Box Cost Comparison C. Bartlett responded to questions from the Committee with respect to whether the recycling rates could be based on volume; whether the volume of newspaper collected in blue boxes has decreased due to a reduction in newspaper subscriptions; and, whether a study has been completed on the number of injuries incurred by customers opening product packaging. B) Carol Slaughter, Works Technician 2, The Regional Municipality of Durham, Re: Recycling of Textiles This item was deferred until a future meeting. C) Wendy Bracken, EFW-WMAC Voting Member, Re: Emissions Monitoring at the Incinerator W. Bracken gave a PowerPoint presentation on the Emissions Monitoring at the Incinerator. A copy of the presentation was provided as a handout. Highlights of the presentation included: EFW-WMAC Mandate EFW-WMAC Roles and Responsibilities Types of Monitoring at Incinerator Emissions Monitoring Concerns Why Monitoring is Inadequate Some of the Serious Limitations of the Regions Ambient Air Monitoring Plan Better Available Monitoring Requested but Denied Dioxins and Furans Monitoring Long-Term Continuous Sampling (LTSS) for Dioxins and Furans Required by Environmental Compliance Approval (ECA) Exceedances at Incinerator During Acceptance Testing More Developments Clarington Council November 2 nd : LTSS for Dioxins and Furans Not Installed Environmental Asessment Notice of Approval ECA Environmental Compliance Approval (ECA) Section 7 Monitoring, Testing and Auditing LTSS of Dioxins and Furans in Ambient Emissions Monitoring Procedure (AEMP) AEMP Section 5.7 AEMP States: Monitoring commences when the first discharges are emitted AEMP Designates LTSS Responsibilities Failure to Monitor Dioxins and Furans

5 November 17, 2015 Page 5 of 9 Transcript of Audio at Clarington Council, November 2 nd, 2015 Works Committee, November 10 th MOECC Letter to Mirka Januszkiewicz, Director Waste Management dated June 25, 2015 Letter from MOECC from C. Bartlett, Manager, Waste Operations to W. Bracken W. Bracken responded to a question from the Committee with respect to the emissions monitoring at the incinerator and how to move forward. L. Brasowski responded to questions from the Committee with respect to the installation of the Long-Term Sampling System; whether the AMESA cartridge was sent to the lab and if that information will be included in the acceptance testing report. 5. Delegations A) Linda Gasser Requested to Appear Before the Committee to Discuss Recent Incinerator Emissions and the EFW-WMAC s Work Plan L. Gasser appeared before the Committee to discuss the recent emissions exceedances at the Durham York Energy Centre. A copy of her delegation was provided as a handout. L. Gasser referenced the November 4, 2015 Works Committee webcast at which the emissions exceedances were first reported. She requested that the Committee recommend that a notification protocol be developed; that the EFW-WMAC restate their November 2012 recommendation with respect to additional ambient air and soil monitoring stations; and, that the Regions undertake a review of all emissions monitoring prior to the completion of the Acceptance Testing and consider expanding monitoring to include the EFW- WMAC s recommendations from November Moved by M. Clayton, That the Rules of Procedure be suspended in order to permit Ms. Gasser to finish her delegation. on a 2/3 rds Vote L. Gasser advised that in her opinion, ambient air monitoring is as important as stack testing; that a long term sampling cartridge could have provided data over a longer period of time; that the failed stack test was completed during steady state; and that periodic, infrequent, pre-advised stack tests do not represent day-in, day-out emissions.

6 November 17, 2015 Page 6 of 9 L. Gasser responded to questions from the Committee. 6. Correspondence A) Correspondence from Linda Gasser to the Ministry of the Environment and Climate Change dated November 11, 2015, regarding Durham Incinerator Emissions Exceedances Moved by N. Burnett, That Correspondence dated November 11, 2015 from Linda Gasser to the Ministry of the Environment and Climate Change with respect to Durham Incinerator Emissions Exceedances be received for information. 7. Administrative Matters A) Update by Mirka Januszkiewicz, Director, Waste Management Services, The Regional Municipality of Durham, on EFW-WMAC membership In the absence of M. Januszkiewicz, G. Anello advised that members who wish to apply to sit on the EFW-WMAC for another term should submit letters indicating their intentions to Melodee Smart via by November 30 th. He further advised that a notice will be placed in the local papers in December and January seeking volunteers for the term of the Committee. He noted that as a courtesy, an will be sent to those that have submitted their letters advising them of when the notices will be published in the papers. He stated that a report will be prepared appointing members to the EFW-WMAC for Works Committee and Council approval. He added that Clarington will be undertaking a similar process. 8. Update on the Durham York Energy Centre A) Update by Matt Neild, Facility Manager, Covanta Durham York Renewable Energy L.P., on the Durham York Energy Centre This matter was considered earlier in the meeting. [Refer to Item 8. A) on pages 2 and 3 of these minutes.] 9. Other Business A) Review by Ted Baker, Chair of the EFW-WMAC, on the EFW- WMAC Annual Report to be presented to The Regional Municipality of Durham s Works Committee on December 2, 2015, and the Municipality of Clarington s Council on December 14, 2015 T. Baker stated that the annual report has not been finalized yet. He noted that the report will be circulated via to the Committee for

7 November 17, 2015 Page 7 of 9 their information before the presentations to the Works Committee and the Council of the Municipality of Clarington. B) Closing Remarks by Mirka Januszkiewicz, Director, Waste Management Services, The Regional Municipality of Durham, for the EFW-WMAC End of Term This item was deferred until the next meeting. C) Durham York Energy Centre Covanta Acceptance Testing Discussion ensued with respect to the need for the EFW-WMAC to be notified when emission exceedances occur and the need for a communication protocol. Based on the discussion, the following motion was made: Moved by S. Clearwater, That the Durham-York Incinerator Project Team be directed to develop a notification protocol to ensure that the incinerator owners, Durham and York Regional Councils, the Council of the Municipality of Clarington, the Energy From Waste Advisory Committee and the Energy From Waste Waste Management Advisory Committee, and the public would be promptly informed about emissions exceedances and any other event that has the potential to impact public health and safety by the incinerator owners. Discussion ensued with respect to the need for further information regarding the Ministry of the Environment and Climate Change s (MOECC) decision to delay the installation and operation of the Long-Term Sampling System. P. Gillman responded to questions with respect to clarification on whether the Long-Term Sampling System was in place and if a sample was collected on October 1 st and 2 nd during the stack test; and whether these results will be provided to the MOECC and the Regions of Durham and York. Based on the discussion, the following motion was made: Moved by W. Bracken, a) That the Energy From Waste Waste Management Advisory Committee write to the Ministry of the Environment and Climate Change (MOECC), including the Minister, Environmental Approvals Branch, Standards Development

8 November 17, 2015 Page 8 of 9 Branch and District Office, to ask each department if the MOECC gave authorization to the Regions to delay the installation and operation of the Long-Term Sampling System for dioxins and furans until the Fall of 2015; and b) That the MOECC provide any amendments and/or administrative changes to the Environmental Certificate of Approval (ECA) regarding this matter. MOTION DEFEATED Discussion ensued with respect to when the term of the present EFW-WMAC ends; and the need for an additional meeting to allow the Committee to review the various reports with respect to the acceptance testing and emissions exceedances. Based on the discussion, the following motion was made: Moved by W. Bracken, That a Special meeting of the Energy From Waste Waste Management Advisory Committee be held at a mutually agreed upon date to deal with the numerous issues, concerns and reports over emission exceedances and Acceptance Testing. Further discussion ensued regarding the motions adopted by the EFW-WMAC in November 2012 with respect to additional air and soil monitoring stations and the continuous monitoring of particulate matter. Based on the discussion, the following motions were made: Moved by N. Burnett, That two additional ambient air and soil monitoring stations (fixed or mobile) be applied to the Energy From Waste project for a minimum of five years at locations to be determined by the Region, prior to being forwarded to the Ministry of the Environment and Climate Change for approval. Moved by W. Bracken, That the continuous monitoring of mercury and continuous emissions monitoring of particulate matter be undertaken at the incinerator stack. MOTION DEFEATED

9 November 17, 2015 Page 9 of 9 Discussion ensued regarding the need for additional information with respect to the cost and impact of implementing continuous monitoring of heavy metals and particulate matter at the incinerator stack. Moved by M. Clayton, That staff report back to the Energy From Waste Waste Management Advisory Committee on the cost and impact of continuous monitoring of heavy metals and all particulate matter. D) Update on the Curbside Battery Collection Program Held During the Week of November 2, 2015 M. Clayton asked for the results from the Curbside Battery Collection campaign that was held during the week of November 2 nd. G. Anello advised that he would provide this information to her directly. 10. Next Meeting The date and location for a Special meeting of the EFW-WMAC is to be determined. Future meetings of the EFW-WMAC will be held at the Durham York Energy Centre, Visitor s Centre Conference Room,1835 Energy Drive, Courtice, ON L1E 2R Adjournment Moved by J. Vinson, That the meeting be adjourned. The meeting adjourned at 9:03 PM. T. Baker, Chair, Energy From Waste- Waste Management Advisory Committee D. James, Committee Clerk