Planning Report. Clark Consulting Services 1. INTRODUCTION 2. PROJECT BACKGROUND 3. COMPOSTING

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1 Planning Report Municipality of Trent Hills CCS Project No July 2010 Prepared for: Prepared by: Municipality of Trent Hills Clark Consulting Services 1. INTRODUCTION Clark Consulting Services (CCS) was retained by the Municipality of Trent Hills to conduct a policy review related to the regulation of composting facilities in Ontario. 2. PROJECT BACKGROUND The Municipality of Trent Hills has recently had two composting projects proposed in its jurisdiction. The first application was denied by Council in A second proposed operation was to be located on a site zoned M4-Waste Disposal. It must be noted that when the original M4 zone was developed composting facilities were not anticipated or recognized as a permitted use. The second proposed operation was seeking a Certificate of Approval from the Ministry of Environment. CCS contacted the Ministry of Environment to obtain the status of the application of Certificate of Approval. It is currently on hold pending re-submission of a related application for Air approval that was withdrawn as additional modeling was required. Through review of these proposals it became evident that there is a need to have a policy and regulations to guide land use decisions for the siting and operation of composting facilities in the Municipality. An Interim Control Bylaw was passed on March 2, 2010 to enable a policy review of composting facilities. This bylaw is in effect but has been appealed to the Ontario Municipal Board. The objective of this review is to set out a planning framework to assist the Municipality in the regulation of composting facilities. Planning tools such as official plan policy, zoning by-law regulations and site plan control have been examined to determine the type of regulations which could be applied. As well, this review will identify other levels of government policy and regulation currently in effect such as the Ontario Ministry of Environment Environmental Protection Act and Regulations, Interim Guidelines for the Production and Use of Aerobic Compost and, Draft Guidelines for Aerobic Composting Facilities and Compost. The objective is to set out policy and regulations which will compliment the Provincial Regulations and provide guidance to landowners, proponents and municipal staff when considering new or expanded composting operations. 3. COMPOSTING Composting is defined as the biological decomposition of organic materials by microorganisms under controlled, aerobic conditions to a relatively stable humus-like material called compost. Composting can happen in many different ways using a variety of materials, methods, equipment, and scales of

2 operation. Large scale composting facilities are a relatively new land use. They can be part of a commercial/industrial use, a waste management program or accessory to an agricultural or horticultural land use. Each of these uses could have differing regulations. It is therefore beneficial for both municipalities and composting operators to have clear land use policy and regulations to ensure establishment and operation of a composting facility will not have a negative impact on the municipality and its residents. For the purposes of this review Composting Facility shall be defined as a structure or land area used for composting processes resulting in materials to be used and/or sold off site. 4. ISSUES Composting is a complicated process and several conditions may occur that can have a noxious impact on adjacent lands. Regulation and mitigation of these conditions is vital to ensure the long term operation of a composting facility without impact. Water management, airborne emissions (odours), rodent/bird attraction, increased traffic and noise are the primary issues associated with composting. Both on-site and off-site water runoff must be addressed through site location and management to reduce negative impacts on surface and ground water. Specific site conditions must be assessed to ensure that composting facilities will not impact wells or other water sources, are not close to tile drains or located on light (sand) soils. some odour or ammonia emissions. Determining minimum separation distances and regulating location would be a prudent Municipal direction. Increased on site noise and truck traffic may be a concern to adjacent landowners. Implications of traffic should be determined in terms of safe vehicle movement, road surface, dust, on-site vehicular movement and screening of activity areas. Other issues may include the attraction of rodents, birds and insects all of which should be addressed through regulation. The proposed siting of compost facilities must be carefully assessed to reduce the potential for environmental impacts and mitigate conflict with adjacent land uses. 5. EXISTING REGULATIONS IN ONTARIO 5.1 Provincial Regulation Composting facilities are regulated through legislation and regulations related to environment and waste management. There are also draft guidelines that specifically address composting activities. i. Provincial Definitions The Environmental Protection Act includes a composting facility in its definition of a waste disposal site and waste management system. Part V of the Environmental Protection Act (EPA), R.S.O. 1990, C. E. 19 defines waste disposal site as: Odours are typically a primary concern of adjacent landowners. Use of odorous materials or poor pile management may result in odour emission. Even well managed piles can result in (a) any land upon, into, in or through which, or building or structure in which, waste is deposited, disposed of, handled, stored, transferred, treated or Municipality of Trent Hills Page 2

3 (b) processed, and any operation carried out or machinery or equipment used in connection with the depositing, disposal, handling, storage, transfer, treatment or processing referred to in clause (a). of contaminants into the natural environment. This section applies to composting facilities and would require assessment of potential emissions such as litter, dust, odour or noise. A separate Air CofA would be required for most composting facilities. A waste management system is defined as: any facilities or equipment used in, and any operations carried out for, the management of waste including the collection, handling, transportation, storage, processing or disposal of waste, and may include one or more waste disposal sites. R.S.O. 1990, c.e.19,s.25; 1992,c.1,s.25. Composting is defined in R.R.O Regulation 347-General Waste Management as: the treatment of waste by aerobic decomposition of organic matter by bacterial action for the production of stabilized humus. ii. Provincial Acts The Environmental Protection Act, R.S.O. 1990, c.e.19 (EPA), Part V -Waste Management, is the primary legislation regulating composting facilities. It regulates waste management activities including the receiving and processing of organic waste materials by compost facilities, as well as the application and use of finished compost in non-agricultural applications. EPA Section 27 contains the statutory requirement for a Certificate of Approval (CofA) for waste disposal sites and waste management systems. A CofA must be obtained from the Director before using, operating, establishing, altering, enlarging or extending a waste management system or a waste disposal site. Section 9 of the EPA regulates the discharge In order to obtain a CofA an application for a composting facility must be made to the Ministry of Environment(MOE). The application requirements are outlined in the application form (see Attachment A-MOE Application Form). Other Provincial Acts which may be applicable in the regulation of composting facilities include: -The Ontario Water Resources Act, R.S.O. 1990(OWRA) regulates discharge to surface and groundwater, including stormwater and leachate from composting facilities to ensure that water resources are protected. -The Nutrient Management Act, 2002, S.O (NMA) regulates the application and storage of nutrients, including compost on agricultural lands. -The Clean Water Act, 2006 (CWA) works through a collaborative and multistakeholder process to protect existing and future drinking water sources. It would be relevant if a composting facility was proposed in a vulnerable area and could pose a risk to a drinking water source. -The Environmental Assessment Act, R.S.O (EAA) mandate is to provide for the protection, conservation and wise management of Ontario s environment. Ontario Regulation 101/07-Waste Management Projects, prescribes how Municipality of Trent Hills Page 3

4 certain waste management projects will be assessed under the EAA. Composting facilities are captured under this regulation as waste processing facilities and if they process over 1,000 tonnes per day would be required to submit the results of an environmental assessment (EA) to the Minister. -The Environmental Bill of Rights 1993,(EBR)requires that the MOE, on behalf of the Government of Ontario, maintain a registry of proposals, decisions, and other activities that could affect the environment. Proposals to issue certain instruments (e.g., Certificate of Approval) must be posted on the registry for public review and comment for a minimum of 30 days before issuance. iii. Regulations Ontario Regulation 101/94 Recycling and Composting of Municipal Waste- made under the EPA, provides an exemption for a Waste Certificate of Approval when only leaf and yard waste is composted and certain conditions are met. This regulation applies most frequently to municipal composting facilities. R.R.O Regulation 347 regulates waste disposal sites and waste management systems. It provides specific provisions concerning site operations such as handling, storing, managing, and disposing of waste. Agricultural wastes are generally exempt from Part V of the EPA and Regulation 347 as on-farm composting of agricultural wastes does not require approval from the Ministry. On-farm composting of dead farm animalsregulated by O.Reg. 106/09 (Disposal of Dead Farm Animals) under the Nutrient Management Act, 2002 and off farm composting of dead animals by a licensed compost facility operating under O. Reg. 105/09 under the Food Safety Quality Act. 2110, are both exempt from approval requirements under the EPA. However where agricultural waste and dead farm animals are included as material to be received by a compost facility with a Certificate of Approval under the EPA they must be managed according to the requirements of the Certificate of Approval. Composting operations that process only material that is generated on-site usually are not required to obtain a Certificate of Approval. However, if the finished compost is used off site, the compost must comply with the pathogen reduction and quality requirements described in the Draft Guidelines. If wastes are accepted from offsite, a Certificate of Approval will be required. (Guideline for Composting Facilities and Compost Use in Ontario 2009). Other Ontario Regulations that may be relevant include: 102/94- Waste Audits and Waste Reduction Work Plans,and; 103/94 Industrial, Commercial and Institutional Source Separation Programs, iv. Draft Guidelines In 2009 the MOE prepared the (draft) Guidelines for Composting Facilities and Compost Use in Ontario to replace the Interim Guidelines for the Production and Use of Aerobic Compost in Ontario first released in 1991 and updated in A revised Guideline was needed as there have been many changes in the composting industry. The Guideline describes current legislation, new industry standards and good management practices. The Guideline is meant to assist proponents of composting Municipality of Trent Hills Page 4

5 facilities, MOE staff and others in the siting, design and approval of aerobic composting facilities. These Guidelines do not have any legal status, but are to be used as part of the Certificate of Approval process. The Guideline advises proponents to consult with the local municipality prior to submission of an application under the above acts to ensure that the proposed site is consistent with local zoning and land use requirements. v. Other Jurisdictions The Canadian Food Inspection Agency regulates the sale of compost under the Federal Fertilizers Act which may be applicable to a composting facility producing compost as fertilizer. 6. REVIEW OF EXISTING COMPOSTING FACILITIES Currently in Eastern Ontario we are aware of only one privately operated composting facility that sells its finished compost product commercially. Norterra Organics is located in Kingston. All other composting activities identified in Eastern Ontario are part of municipal waste systems that are either municipally operated or contracted to private operators such as Miller Waste Systems. These operations serve municipalities including Durham Region, Pickering and Clarington. Norterra Organics is a privately operated composting facility that offers its compost product for sale to commercial landscaping companies and the public. 6.1 Municipal Policy Municipalities regulate land use in their jurisdiction under the provisions and authority of the Planning Act. Most on-site design, operation and decommissioning details are regulated by the Ministry of Environment, usually through the issuance of a Certificate of Approval. Municipalities, through official plan policy, zoning provisions and site plan controls, can assess land use conditions affecting siting, compatibility, impacts on the natural environment and, impacts on infrastructuresewer, water, transportation, schools etc. As composting facilities are a relatively new land use most municipalities do not specifically address them through planning policy and zoning. To provide an example of how a municipality can utilize planning tools to regulate Composting Facilities CCS reviewed the recently approved Official Plan of the City of Kingston. i. Policy Example: City of Kingston The City of Kingston includes composting facilities in the Waste Management Industrial designation of their Official Plan. Section 3.6.C states that: The Waste Management Industrial designation is intended to provide suitable locations and conditions for uses that may involve intrusive levels of noise, odour, dust or other emission, or which may have an unsightly visual impact. The goal of this policy is to locate and manage industrial uses that may have unpleasant operating characteristics in a manner that minimizes land use impact. Clustering, development criteria, MOE Guidelines and application criteria are all addressed in the policy. In the Zoning Bylaw a composting facility such as the Norterra facility is permitted in a Special Disposal Industrial Zone. The use is Municipality of Trent Hills Page 5

6 specifically defined and a holding symbol is used to ensure that a series of conditions are met prior to removal of the holding symbol. The conditions include: MOE issued CofA for the operation of a compost finishing facility. all applicable Municipal and Agency requirements have been complied with. all necessary agreements including the Site Plan Control agreement have been registered on title and, a further amendment to the Zoning By- Law must be passed to remove the H symbol. Please see Attachment B - City of Kingston OP and Zoning pertaining to Composting Facilities. 7. PUBLIC PARTICIPATION - SUMMARY OF INPUT Public input has been solicited in several ways. A public open house was held on May 31, 2010 in Warkworth with approximately 30 persons attending. Public input was collected through comment cards, s, letters, discussion and an informal question/answer/comment period at the open house. Resident input has been organized into 7 categories: policy, definition, health and environment, regulation and operation, process and, concerns related to a specific proposal. All comments have been compiled and are attached as Attachment C. Names have been removed for privacy purposes. The following section is a summary of the public input received. 7.1 Policy Related Policy was considered at many different levels. Many people expressed concern over the image (vision) of their community as a rural, artisan, tourist destination and felt that large scale composting as a business or industry was not consistent with that vision. It should be noted that most persons had no issue with small-scale backyard composting and felt that more information on how to backyard compost would be beneficial. Comments also focused on what zoning provisions can be developed to regulate the scale of composting. Buffering and setbacks, study requirements and regulation of the process (eg. indoors, covered, etc.) In general, zone provisions relate to a use which has a physical presence on the land. Regulation of feedstock and types of process are not easily regulated unless they have a physical representation on the property. Site Plan Control under Section 41 of the Planning Act was discussed as a means of ensuring compliance with design and ongoing maintenance of site facilities and conditions. Other policy related factors included traffic, noise and impacts on adjacent land uses. 7.2 Definition Related Many questions and comments sought clarification about composting aud its different scales including backyard composters, agricultural composting, compost as part of a municipal waste system and commercial/industrial composting as part of the process for the manufacturer of a product. Residents felt that each of these scales requires differing levels of regulation. It was stated that large-scale composting facilities utilizing an industrial process should be regulated and sited with criteria designed for industrial land uses. Scale, source material and final product could provide the basis for approval criteria and definition. Municipality of Trent Hills Page 6

7 7.3 Health/Environment Health and Environmental concerns were raised. Specifically impacts from potential water contamination and air borne odours were cited. Many wanted assurance that risks have been assessed to the environment and health of residents as well as provisions for rehabilitation and re-mediation in the event of an unexpected event. These concerns also related to scale of the composting being contemplated and the materials being composted. There was general acceptance of responsibility to deal with the waste generated locally but concern about importing waste for processing. 7.4 Regulation/Operational Concerns about regulation of large scale composting facilities were common. Assurance was requested that a facility would operate as set out in its Certificate of Approval. Many were not confident in the Government s ability to regulate effectively or a private business to operate according to established regulations and guidelines. Many expressed support for a third party monitor of a large scale industrial compost facility to ensure compliance. 7.5 Process Process oriented concerns were raised. The size and timing of the newspaper notice for the public meeting was identified. Suggestion that this report include record of past decisions and comments concerning this topic. 7.6 Specific Proposal Many comments were offered about the specific Bio Balance proposal. It is beyond the scope of this report to offer a review of this specific proposal. These comments have been included in the attachment. 8. POLICY OPTIONS- FRAMEWORK A Municipality's greatest issues associated with the siting and operation of a composting facility involve mitigating land use compatibility issues and environmental concerns such as ground water and air emissions. The following outlines how planning tools can be utilized to provide a policy framework that will help a municipality determine the proper location and the type of regulation for these types of land uses. 8.1 Official Plan An Official Plan is a policy document which contains the general direction that a municipality wishes to pursue. Policy should reflect the aspirations of the community as a whole. Content of an OP is regulated by the Ontario Planning Act, R.S.O Part 3, section Contents of official plan 16. (1) An official plan shall contain, (a) goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic and natural environment of the municipality or part of it, or an area that is without municipal organization;... The Municipality of Trent Hills can amend the Official Plan to include policy that specifically addresses composting. The following actions need to be undertaken to determine policy content. i. Public Input Public input has been received and is summarized in Section 7 of this report. The Official Plan Policy related to composting Municipality of Trent Hills Page 7

8 activities should address the issues and suggestions made by the public. Further opportunity for comment is provided during the Official Plan Amendment process. ii. Define Composting The range of composting activities should be addressed within the OP policy. Three types of composting are proposed based principally the intent and scale of use. a) Individual Composting This would include small scale composting in backyard for home/garden or agriculture. Compost material is supplied on-site and used on-site. b) Waste Management Composting Facilities These facilities are part of a waste management system. The focus of this facility is management of municipal organic waste. Material intake types and amounts can be defined. The level of regulation is determined by the feedstock. c) Industrial/Private Composting Facility- This is an Industrial/Private land use with a focus on the resultant product to be sold and used off site. Material (feedstock) types, composting process and final product are regulated through Ministry of Environment Certificate of Approval process. iii. Policy Recommendations Each of the defined composting activities warrants its own policy approach. a) Individual Composting This composting activity is intended to use materials generated on-site to produce a compost to be used on-site. This includes the backyard/garden composting. It would also include agricultural and horticultural composting. These activities have been conducted historically and are to be encouraged as important waste reduction techniques. Concerns with these activities such as odour, vermin would normally be addressed as complaints due to nuisance. The land use policy should permit these uses as accessory to residential, agricultural and other uses. The scale of use should be defined to prohibit importing feedstock or exporting compost from the site. b) Waste Management Composting Facilities This composting activity is carried out by or on behalf of a Municipality as part of its waste management responsibilities. The success of these composting operations is highly dependent upon the feedstock and the skill of the operator. The objective of the operations to divert waste destined for landfill to a process which will produce a useable product. These operations may be part of a land filling or waste recycling facility. They can also be located independently on idle/vacant lands (ie yard and leaf waste). When located with other waste management operations they would be considered accessory or incidental to these operations. The Municipality and adjacent land owners would rely upon the Certificate of Approval process and would direct complaints to the responsible operating authority. The

9 Official Plan should clearly identify all approved and historic waste management sites. Composting should be identified as a permitted use on these sites and the nature and scale of the operation should be identified either directly or by reference to an approved Certificate of Approval. Free standing composting facilities may be permitted in a number of designations as part of the municipal waste management program. If the sites for these composting facilities are intended to be permanent, the sites should be appropriately zoned. Setback and siting provisions should be included in both the Official Plan and Zoning Bylaw. Temporary composting sites (ie with a life of less than 3 years)might be permitted as a public use. c) Industrial/Private Composting Facilities OP policy should require that the private composting facilities be regulated and subject to zoning in a separate zone category and must have a valid CofA. The valid CofA is critical when the municipality considers a new or expanded facility to ensure current standards for evaluation of environmental impacts, proposed composting technology and review the amount and type of material to be composted. For new or expanded composting facility the following conditions should be demonstrated: adequate road access minimum separation distance from sensitive receptors- (eg.200m) application of site plan control compatibility and buffer provisions location of actively used portion of site internal access onsite stormwater management and discharge locations lighting -ignage copy of Certificate of Approval submission and record of Ministry contact should complaints be received protocols for addressing complaints natural heritage assessment If an expansion is proposed for an existing facility: all provisions for a new facility would apply review of history of complaints and response. 8.2 Zoning Provisions Zoning by-laws are an important planning tool that can regulate the siting of composting facilities as well as other land uses. Zoning bylaws set out land use controls including restricting the use of land, buildings and structures, the location and use of buildings, regulation of contaminated lands, regulation of sensitive or vulnerable lands, regulation of natural features and areas. The Municipality is currently considering a new Comprehensive Zoning By-law which would incorporate the original municipal zoning bylaws into a single zoning by-law. In preparing our recommendations we have reviewed the zoning provisions of the new draft zoning by-law. Our recommendations relate to changes we would suggest for the draft zoning by-law. Municipality of Trent Hills Page 9

10 a) Definitions Section of the new zoning by-law defines waste disposal area as a place where garbage, refuge or domestic waste is disposed of, or dumped, excluding liquid industrial waste, and shall include a sewage treatment plant or sewage lagoon as well as a sanitary landfill site. We would recommend that this definition exclude compost facility and a separate definition of a compost facility be added. b) Accessory Uses In Section 5.1 there is an extensive discussion of accessory building structures and uses. We would recommend the inclusion of a new clause to address individual composting if it uses materials generated on-site and if the compost produced is intended exclusively for use on the site. c) Loading and Parking Provisions We would recommend that loading and parking provisions be added for compost facilities. d) Public Uses Section 5.22 of the draft zoning by-law makes a provision for public uses. We wish to note that since composting facilities will be listed as a permitted use in a Waste Disposal Industrial (M3) zone, the provisions of 5.22 would not apply to permit the use of a compost facility on any lot. For this reason we are recommending that the accessory building structures and uses be amended. Specifically we would reference Section 5.22 (b) which states where in this by-law a public use is specifically permitted within a zone, then such use shall only be permitted within that zone or zones. e) Waste Disposal Industrial (M3) Zone Section 28 provides provisions for a Waste Disposal Industrial Zone. We would propose to add a new section under the general provisions section which would provide for an Assessment Area. The Assessment Area would be an overlay zone which would not replace the underlying zone, but would not permit a new use to be established within this Assessment Area unless Council was satisfied that it would not impact or be impacted by the adjacent waste disposal industrial use. We envision using the holding provisions, Section 36 of the Planning Act, to enable this use to be established without the need for an extended public process. f) Special Zone Categories within the M3 Zone We would recommend that a special zone provision for a compost facility which could be called a M3-C Zone, be created that would only permit a compost facility and would include provision similar to those of a Waste Disposal Industrial M3 Zone. The purpose in establishing a special Waste Disposal Industrial Compost (M3-C) Zone is to ensure that only a compost facility would be permitted within this Zone. g) Permitted Uses / Table 1 We recommend that a compost facility be added to the list of permitted uses and activities and be included as a permitted use within the M3 zone. This would mean that within any M3 zone composting would also be a permitted use. Municipality of Trent Hills Page 10

11 We would recommend that where a separate compost facility was being purposed, the Special Zone identified above be used. It may also be necessary to further distinguish the other types of waste disposal facilities in order to limit the uses on these lands. 8.3 Site Plan Control Site Plan Control is a planning tool that the Municipality of Trent Hills needs to ensure that the site is developed as approved. The Municipality should amend its Site Plan Control Bylaw to ensure that industrial compost facilities are included. The site plan ensures that plans illustrating site components such as access, landscaping, lighting, drainage features are constructed and maintained. Should changes be proposed in the future, an amendment to the site plan and the associated agreement would be required. Policy can also include provision for public consultation, although the Planning Act does not include either public consultation or an appeal provision. 8.4 Additional Studies Additional studies may be required by the Municipality to assist in assessing compatibility and potential impacts of a proposed industrial composting facility on the site s natural features including water and air. It should be noted that the MOE also require extensive background reports prior to approval of a Certificate of Approval. The Municipality can request the following studies: Traffic Study Environmental Site Assessment Servicing Report Stormwater Management Plan Archeological Assessment 9. CONCLUSIONS The Municipality of Trent Hills has taken a proactive role in determining how it can best regulate composting as a land use. Reviewing the existing regulatory environment demonstrates that the technology and operation of industrial composting facilities are regulated Provincially through various Acts and Regulations. The Municipality s role is to determine the best physical location for this type of land use based on the information provided. Public input has been solicited and results should be reflected in proposed Official Plan policy. Amendments to the OP are recommended specifically adding definitions as outlined in Section 8.1.ii and policy outlining conditions to be required for any new or expanded compost facility. Establishing a specific zone and provisions for Industrial Composting Facilities is recommended and well as requiring Site Plan Control. Through the implementation of these actions the Municipality can advise future proponents of the regulatory framework that represents the communities values and directs these land uses to the appropriate locations. 10. NEXT STEPS: Present report to council Municipality of Trent Hills Page 11

12 Council to advise on report and implementation i.e. authorize preparation of Official Plan Amendment/Zoning Plan Amendment and Site Plan Control Sincerely; Bob Clark, P.Eng., P.Ag., R.P.P., OLE Attachments: Attachment A - Application for Ministry of Environment Approval Attachment B - Excerpt from City of Kingston Official Plan and Township of Pittsburgh Zoning By-Law Attachment C - Summary of Public Input Open House Session, 2010 z:\1283 Trent Hill Composting\Planning Report Composting Regulation July 2010.wpd Municipality of Trent Hills Page 12