Main Treatment Plant Environmental

Assessment Mediation Process

The Works and Utilities Committee recommends the adoption of the following report (November 26, 1998) from the Commissioner of Works and Emergency Services, subject to amending the report to provide that the mediator's report for the Main Treatment Plant Environmental Assessment mediation process be issued to the Minister of the Environment no later than February 26, 1999:

Purpose:

This report provides an update on the status of the Main Treatment Plant Environmental Assessment, including the development of a mediation process with the nine parties which have made submissions to the Minister of the Environment concerning the Main Treatment Plant Environmental Assessment.

Funding Sources, Financial Implications and Impact Statement:

Funds for a mediator in the amount of $20,000.00 including all applicable taxes are available in the approved 1998-2002 Capital Work Program, account number WP160-S20374.

Recommendation:

It is recommended that authority be granted to engage a mediator for the Main Treatment Plant Environmental Assessment mediation process at a cost of $20,000.00 including all applicable taxes and associated expenses.

Council References/Background/History:

On September 24, 1997, the former Metropolitan Council adopted Clause No. 8 of Report No. 12 of the former Environment and Public Space Committee, entitled "Main Treatment Plant Environmental Assessment Implementation Plan". The report recommended that Metropolitan Council endorse the conclusions of the Main Treatment Plant Environmental Assessment (the "MTP EA") and authorize its submission to the Ministry of the Environment for approval.

The purpose of the MTP EA is to establish the preferred alternative for:

-meeting future wastewater treatment needs in the MTP service area to the year 2011; and

-improving the effectiveness of the MTP at reducing environmental impacts.

Following the direction of the former Metropolitan Council, the MTP EA was submitted to the Ministry of the Environment for approval. Following receipt of the document, the Ministry initiated a public review period. At its conclusion, nine parties made submissions to the Minister regarding the MTP EA. The nine parties are:

-Ms. Karen Buck, on behalf of Citizens for a Safe Environment;

-Mr. David Done, Secretary, Public Committee for Safe Sewage Treatment in Metropolitan Toronto;

-Ms. Elizabeth Brubaker, Executive Director, Environment Probe;

-Mr. Don Gratton, resident;

-Dr. Sheela Basrur, Medical Officer of Health, Toronto Public Health;

-Ms. Debra Kyles;

-Ms. Karey Shinn, on behalf of the Public Committee for Safe Sewage Treatment in Metropolitan Toronto;

-Mr. Stephen Whyte, member of the MTP EA Public Consultation Committee; and

-Mr. Dean Young, student, Ryerson University.

In association with the project consultant, CH2M Gore & Storrie Limited, staff assembled a consolidated "comment and draft response document" based on the submissions of the nine parties. The nine parties were then invited to participate in a mediation process with the City. To date, two pre-mediation meetings have been held to review the draft responses from the City regarding the submissions to the Minister and undertake the design of the mediation process. A third pre-mediation meeting is scheduled for November 26, 1998. At this meeting, candidates for the position of mediator will be interviewed followed by a selection. We estimate that the cost of the mediator to be up to $20,000.00, which includes all applicable taxes and associated expenses.

Attached is a copy of the Terms of Reference for the mediation process (please see Attachment A). All nine parties were offered the opportunity to participate in the design of the Terms of Reference. The document was also reviewed by officials of the Ministry of the Environment's Environmental Assessment Branch to ensure consistency with the mediation procedures contained within the Environmental Assessment Act and associated guideline document.

Based on their review of the draft responses that have been prepared to date, seven parties have identified remaining items from their submissions that they would like to carry forward into mediation. The office of the Medical Officer of Health has advised that based on the content of the draft responses to the Toronto Public Health submission, their concerns have been satisfactorily addressed. Mr. Don Gratton has responded favorably to the draft response regarding his submission, although a clarification to one of the draft responses to his submission is currently being prepared.

Comments and/or Discussion and/or Justification:

Under the Environmental Assessment Act, the Minister of the Environment can direct a mediation process following the submission of an environmental assessment. At the time of their submission several parties requested the Minister to direct a mediation process.

In order to be pro-active, the department has engaged in a mediation process with the nine submitting parties. The goal, as stated in the Terms of Reference is, to "¼arrive at a satisfactory level of agreement and/or understanding between the City and each party that has made a submission to the Minister, regarding outstanding issues related to the MTP EA document."

While the Minister could still invoke mediation following the completion of the City's process, the issues will be significantly scoped. This will also be of assistance if the Minister calls a hearing regarding the MTP EA, before the Environmental Assessment Board. The current mediation process will also assist with the subsequent Ministry review of the MTP EA.

Conclusions:

Mediation is becoming a common means of attempting to resolve differing viewpoints between environmental assessment proponents and participating stakeholders. The mediation process for the MTP EA provides an opportunity to resolve issues with the nine parties that have made submissions to the Minister of the Environment. While all issues may not be resolved, the undertaking will significantly reduce the number of outstanding issues, which will assist in any further mediation process directed by the Minister and/or a potential hearing before the Environmental Assessment Board.

At the conclusion of the mediation process, a report will be submitted to the Works and Utilities Committee to advise on the outcome of the process.

Contact Names and Telephone Numbers:

R.M. Pickett, P.Eng.

Director, Water Pollution Control

Phone: (416) 392-8230; Fax: (416) 397-0908

E-mail: bob_pickett@metrodesk.metrotor.on.ca

Lawson Oates, B.A., M.E.S.

Manager, EA Co-ordination, Technical Services

Works and Emergency Services

Phone: (416) 392-9744; Fax: (416) 392-2974

E-mail: Lawson_Oates@metrodesk.metrotor.on.ca.

Attachment A

Terms of Reference for the Main Treatment Plant EA Mediation Process

Preamble:

The City of Toronto's Works and Emergency Services is inviting the nine parties that have made submissions regarding the City's Main Treatment Plant EA to the Minister, to enter into a voluntary mediation process. Listed below are the tenets of the mediation process.

(1)The goal of the mediation process is to arrive at a satisfactory level of agreement and/or understanding between the City and each party that has made a submission to the Minister, regarding outstanding issues related to the MTP EA document. The mediation effort will focus on the draft issues and responses provided by the City in response to submissions made to the Minister and the re-drafting of the responses stemming from meetings and dialogue.

(2)Participation by all parties is voluntary and does not preclude a subsequent Provincially prescribed mediation. Representatives of the Ministry of the Environment are welcome to attend and participate in all mediation-related meetings.

(3)A "satisfactory level of agreement" will be expressed through a signed communiqué related to the completed responses provided by the City regarding the submissions. In the event that a "satisfactory level of agreement" cannot be reached regarding all issues, the communiqué will identify where differences still exist.

(4)A third party mediator who is acceptable to the City and the participating parties will facilitate the mediation process. The mediator will be responsible for facilitating meetings between the City and parties having outstanding issues regarding the City's draft responses to their submissions, and preparing the concluding "communiqué", to which all participants can submit letters of explanation in relation to their positions, which will be attached to the communiqué. The communiqué will be submitted to the Minister of the Environment and copied to all participants. The communiqué will identify any additional requests for Provincially prescribed mediation on the part of one or more participants.

(5)Participation by all participants is understood to be "without prejudice", aside of the final signed communiqué.

(6)Mediation meetings are confidential.

November 16, 1998.